WSR 02-17-045

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed August 14, 2002, 3:51 p.m. , effective February 10, 2003 ]

     Date of Adoption: August 14, 2002.

     Purpose: Child protective services (CPS) seeks to delay the effective date of the rules covered by the CR-103 filed as WSR 02-15-098, on July 16, 2002. CPS must delay the effective date of these rules because the supporting technological updates have been delayed.


Delaying the effective date of permanent rules filed as WSR 02-15-098

List of New Rules Adopted By WSR 02-15-098



PART A - PROGRAM DESCRIPTION

     WAC 388-15-001 What is the child protective services program?

     WAC 388-15-005 What definitions apply to these rules?

     WAC 388-15-009 What is child abuse or neglect?

     WAC 388-15-011 What is child abandonment?

     WAC 388-15-013 Who may receive child protective services?

     WAC 388-15-017 What is the responsibility of CPS regarding reports of abuse or neglect?

     WAC 388-15-021 How does CPS respond to reports of alleged child abuse or neglect?

     WAC 388-15-025 What special requirements must CPS follow for Indian children?

     WAC 388-15-029 What information may CPS share with mandated reporters?

     WAC 388-15-033 When will CPS involve local community resources?

     WAC 388-15-037 Under what circumstances may CPS place a child in out-of-home care?

     WAC 388-15-041 When will CPS involve the juvenile court?

     WAC 388-15-045 What are the department's responsibilities regarding notification of the parent or legal custodian in child protective services cases?

     WAC 388-15-049 When must the department notify the alleged perpetrator of allegations of child abuse or neglect?

     WAC 388-15-053 What steps must the department take to provide an opportunity for the parent(s), guardian, or legal custodian(s) to review case information?

     WAC 388-15-057 What limitations does the department have on the disclosure of case information?

PART B - NOTIFICATION AND APPEAL OF FINDINGS

     WAC 388-15-061 What is the purpose of these rules?

     WAC 388-15-065 Does CPS have to notify the alleged perpetrator of the results of CPS investigation?

     WAC 388-15-069 How does CPS notify the alleged perpetrator of the finding?

     WAC 388-15-073 What information must be in the CPS finding notice?

     WAC 388-15-077 What happens to unfounded CPS findings?

     WAC 388-15-081 Can an alleged perpetrator challenge a CPS finding of child abuse or neglect?

     WAC 388-15-085 How does an alleged perpetrator challenge a founded CPS finding?

     WAC 388-15-089 What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within twenty days?

     WAC 388-15-093 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?

     WAC 388-15-097 How does CPS notify the alleged perpetrator of the results of the CPS management review?

     WAC 388-15-101 What happens if CPS management staff changes the founded CPS finding?

     WAC 388-15-105 What happens if CPS management staff does not change the founded CPS finding?

     WAC 388-15-109 What laws and rules will control the administrative hearings held regarding the founded CPS findings?

     WAC 388-15-113 What effect does a petition for dependency have on an administrative hearing?

     WAC 388-

15-117 What factors must the ALJ consider in order for the alleged abused and/or neglected child to testify at the administrative hearing?

     WAC 388-15-121 Are there issues the ALJ may not rule upon during an administrative hearing regarding a founded CPS finding?

     WAC 388-15-125 Are the administrative hearings open to the public?

     WAC 388-15-129 How does the ALJ make a decision regarding the founded CPS finding?

     WAC 388-15-133 How will the appellant be notified of the ALJ's decision?

     WAC 388-15-135 What if the appellant or the department disagrees with the decision?

     WAC 388-15-141 What happens if the ALJ rules against the department?


LIST OF RULES REPEALED BY WSR 02-15-098


     WAC 388-15-130 Child protective services -- Authority.

     WAC 388-15-131 Child protective services -- Special requirements for Indian children.

     WAC 388-15-132 Child protective services -- Acceptance of reports -- Eligibility for services and limits to authority.

     WAC 388-15-134 Child protective services -- Notification.

     Statutory Authority for Adoption: RCW 74.13.031, 74.04.050.

     Other Authority: Chapter 26.44 RCW.

      Adopted under notice filed as WSR 02-03-118 on January 22, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 37, Amended 0, Repealed 4.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 37, Amended 0, Repealed 4.
     Effective Date of Rule: February 10, 2003.

August 13, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

© Washington State Code Reviser's Office