WSR 97-22-093

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

(Public Assistance)

[Filed November 5, 1997, 8:27 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Interstate compact on placement of children: WAC 388-71-005 Duty to provide, 388-71-010 Definitions, 388-71-015 Conditions for placement, 388-71-020 Conditions under which compact applies, 388-71-025 Exemptions, 388-71-030 Child leaving Washington state, 388-71-035 Child entering Washington state, 388-71-040 Procedures for change in placement status, 388-71-045 Retention of jurisdiction, 388-71-050 Financial responsibility, and 388-71-055 Penalty for illegal placement.

Purpose: To repeal duplicative rules. Chapter 388-71 WAC duplicates the language contained in the authorizing section, RCW 26.34.010. These WACs are not necessary because the statute is specifically clear to provide direction to department staff and external parties in the implementation of the Interstate Compact on the Placement of Children.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: Chapter 26.34 RCW and section 209, chapter 409, Laws of 1997 (E2SHB 1032).

Summary: To repeal rules that duplicate statute to comply with Governor Locke's Executive Order 97-02 on regulatory improvement.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Art Cantrall, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7956.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These WACs are being repealed because they duplicate the language contained in the authorizing statute, RCW 26.34.010 Interstate Compact on the Placement of Children.

Proposal Changes the Following Existing Rules: Repeals the following rules WAC 388-71-005, 388-71-010, 388-71-015, 388-71-020, 388-71-025, 388-71-030, 388-71-035, 388-71-040, 388-71-045, 388-71-050, and 388-71-055.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not impact small businesses.

RCW 34.05.328 does not apply to this rule adoption. This repeal action is exempt under RCW 34.05.328 because it will not change the way the department does business or impact the public.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on December 9, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 26, 1997, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to and Identify WAC Numbers: Paige Wall, Acting Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, FAX (360) 902-8292, by December 9, 1997.

Date of Intended Adoption: No sooner than December 10, 1997.

November 3, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

REPEALER

The following sections of the Washington Administrative Code are repealed:

388-71-005 Duty to provide.

388-71-010 Definitions.

388-71-015 Conditions for placement.

388-71-020 Condition under which compact applies.

388-71-025 Exemptions.

388-71-030 Child leaving Washington State.

388-71-035 Child entering Washington State.

388-71-040 Procedures for change in placement status.

388-71-045 Retention of jurisdiction.

388-71-050 Financial responsibility.