WSR 12-07-080



(Aging and Disability Services Administration)

[ Filed March 20, 2012, 2:50 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-22-074.

Title of Rule and Other Identifying Information: WAC 388-106-0010, 388-106-0075, 388-106-0126, 388-106-0130, 388-106-0210, and 388-106-0213, children's CARE assessment.

Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at or by calling (360) 664-6094), on May 8, 2012, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 9, 2012.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on May 8, 2012.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by April 24, 2012, 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: The aging and disability services administration (ADSA) is amending rules in WAC 388-106-0010, 388-106-0075, 388-106-0126, 388-106-0130, 388-106-0210, and 388-106-0213 to revise the assessment process for allocating personal care hours to disabled children as a result of the Washington state supreme court decision regarding Samantha A. v. DSHS.

Additionally, effective February 1, 2012, the department eliminated the add-on hours for off-site laundry and add-on hours to those clients living more than forty-five minutes from essential services as a result of the department's need to stay within budget appropriations.

Reasons Supporting Proposal: See Purpose statement above.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

Statute Being Implemented: RCW 74.08.090, 74.09.520.

Rule is necessary because of state court decision, Samantha A. vs. Department of Social and Health Services.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Geri-Lyn McNeill, P.O. Box 45600, Olympia, WA 98504-5600, (360) 725-2353.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The preparation of a small business economic impact statement is not required, as no new costs will be imposed on small businesses or nonprofits as a result of this rule amendment.

A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.

March 13, 2012

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-08 issue of the Register.

Washington State Code Reviser's Office