WSR 19-11-059
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed May 14, 2019, 12:53 p.m.]
Original Notice.
Proposal is exempt under RCW 34-05-310 (4)(b).
Title of Rule and Other Identifying Information: WAC 110-50-0490 How often do the foster parent and social worker meet to complete the rate assessment?, 110-50-0550 How does a foster parent seek a department review of the rate assessment?, 110-50-0560 What does the department consider in reviewing the request?, and 110-50-0720 What payment procedures must the department follow for children placed across state borders?
Hearing Location(s): On June 26, 2019, at 1:00 p.m., at 1110 Jefferson Street S.E., Baker Conference Room, Olympia, WA.
Date of Intended Adoption: August 1, 2019.
Submit Written Comments to: Department of Children, Youth, and Families (DCYF), Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by June 26, 2019.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by June 17, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These WAC are being amended to clarify foster care rate assessment and review processes, allow variations to (1) the rate assessment process, and (2) foster care payment practices for children placed in care outside of Washington state when necessary to serve the best interests of children in care, eliminate the request for rate assessment review extension period, and make technical corrections necessary following the decodification of these sections from Title 388 WAC and their recodification to Title 110 WAC.
Reasons Supporting Proposal: The proposed, modest changes will better serve the children in care and align with current practice.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Tarassa Froberg, Olympia, Washington, 360-902-7568; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. A cost-benefit analysis is not required under RCW
34.05.328. DCYF is not among the agencies listed as required to comply with RCW
34.05.328 (5)[(a)](i). DCYF does not voluntarily make that section applicable to the adoption of the proposed rules.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
May 14, 2019
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0490How often do the foster parent and ((social worker))caseworker meet to complete the rate assessment?
The ((social worker))caseworker or designated rate assessment specialist will meet with the foster parent in person or telephonically to complete the assessment:
(1) Within thirty days of the child's placement in the foster parent's home;
(2) At least every six months after the first assessment, except under limited circumstances that serve the best interests of the child; and
(3) When there is a significant change in circumstances for the child or in the foster parent's ability or time required to meet the child's needs.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0550How does a foster parent seek a department review of the rate assessment?
(1) The foster parent must make a written request for department review of the assessment.
(2) The request must be received by ((CA))the department within twenty calendar days of the date of the letter informing the foster parent of the rate assessed for the child. If a request is not made within twenty days, the department will not review the assessment.
(((a) The department may grant a twenty-day extension of time for filing the request for review, if the foster parent has contacted a regional foster parent liaison within the initial twenty-day time period and asked for assistance in informally resolving any disagreement as to the rate assessed.
(b) The department has the discretion and may grant a twenty-day extension for good cause.))
(3) The request must include a statement explaining why the foster parent believes the assessed rate is incorrect. The foster parent may provide additional information ((that he or she believes is)) relevant to the questions asked on the foster care rate assessment standardized form.
(4) The request must be sent to the individual and address identified in the letter informing the foster parent of the rate assessed for the child.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0560What does the department consider in reviewing the request?
(1) The review will be conducted by department management level staff, or ((by a)) designee who ((was not involved in))has not previously administered the rate assessment ((process))tool for the foster parent requesting review.
(2) The review will be conducted within ten days of receiving the request for review.
(3) The reviewer will consider:
(a) Whether the foster parent and the ((social worker))caseworker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;
(b) Whether the information obtained through the conversation between the ((social worker))caseworker or rate assessment specialist and the foster parent was accurately recorded on the form;
(c) Whether any additional information provided by the foster parent, as authorized in WAC ((388-25-0060(3)))110-50-0550(3) is relevant to the automated assessment;
(d) Whether the information was accurately entered into the computer program; and
(e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.
(4) The department will not consider information about the child or the foster family that is outside the standardized assessment form and will not alter the computerized calculation that is based on a properly completed form.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0720What payment procedures must the department follow for children placed across state borders?
(1) When the department places a child into a new placement with a family residing and licensed in another state, the ((DCFS social worker))DCYF caseworker must obtain the payment rates from that state. Following receipt of the other state's rates, the department will pay that state's rates, unless paying Washington state rates is in the best interests of the child.
(2) The ((children's administration))department's interstate compact on placement of children (ICPC) program manager must approve out-of-state placement before the department makes payment for foster care.