WSR 10-03-107



(Aging and Disability Services Administration)

[ Filed January 20, 2010, 11:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-14-016.

Title of Rule and Other Identifying Information: The department is amending WAC 388-832-0145 Who is eligible to receive respite care?, to revise eligibility for respite services for individuals participating in the individual and family services program as directed by the legislature.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on February 23, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than February 24, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on February 23, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by February 9, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is necessary to prevent clients or potential clients from being wrongly found ineligible for services or benefits. This rule affects caregivers for clients of the division of developmental disabilities participating in the individual and family services program.

Reasons Supporting Proposal: The department was directed to implement SB 5547 by the legislature. The amendments to WAC 388-825-0145 were made effective July 26, 2009, for the reasons stated above.

Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.040, 71A.12.161.

Statute Being Implemented: SB 5547, chapter 312, Laws of 2009, PV 61st legislature, chapter 34.05 RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Meredith Kelly, 640 Woodland Square Loop S.E., Olympia, WA 98504-5310, (360) 725-3524.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This amendment has no impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 35.05.328 [34.05.328] (5)(b) states the following types of rules do not require a cost-benefit analysis: (1) Emergency rules; (2) internal governmental rules; (3) rules adopting or incorporating, by references without material change, any of the following: Federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs unless they govern shorelines of state-wide significance or are referenced by state law or national consensus codes that establish generally accepted industry standards.

Under SB 5547, chapter 312, Laws of 2009, PV 61st legislature; chapter 34.05 RCW, the department was directed to implement, effective July 26, 2009, changes to eligibility for respite to individuals participating in the individual and family services program.

January 12, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 08-16-121, filed 8/5/08, effective 9/5/08)

WAC 388-832-0145   Who is eligible to receive respite care?   You are eligible to receive respite care if you are approved for IFS program services and:

(1) You live in your family home and no one living with you is paid to be your caregiver((.));

(2) You ((live)) are an adult living in your family home with a ((paid caregiver who is your natural, step, or adoptive)) parent who provides personal care for you; or

(3) You are an adult living with a family member who has replaced your parent as your primary caregiver and who provides personal care to you.

[Statutory Authority: RCW 71A.12.030, 71A.12.040, and 2007 c 283. 08-16-121, 388-832-0145, filed 8/5/08, effective 9/5/08.]

Washington State Code Reviser's Office