WSR 19-16-029
EMERGENCY RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed July 26, 2019, 4:59 p.m., effective July 28, 2019]
Effective Date of Rule: July 28, 2019.
Purpose: SSB 5955, enacted in the 2019 legislative session, addresses various provisions for the department of children, youth, and families (DCYF) effective July 28, 2019. SSB 5955, Section 6 amends RCW 41.04.674 removing the requirement for the office of financial management (OFM) to adopt rules and policies governing the donation and use of shared leave from the foster parent shared leave pool (FPSLP) in consultation with the department of social and health services, and requires OFM to adopt rules and policies governing the donation and use of shared leave from the FPSLP with DCYF.
Citation of Rules Affected by this Order: Amending WAC 357-31-840, 357-31-885, and 357-31-920.
Statutory Authority for Adoption: Chapter 470, Laws of 2019.
Other Authority: RCW 41.04.674.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: To align Title 357 WAC with the changes made to RCW 41.04.674 effective July 28, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: July 26, 2019.
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-840Who shall administer the foster parent shared leave pool?
The department of ((social and health services))children, youth, and families, in consultation with office of financial management, shall administer the foster parent shared leave pool.
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-885May employees donating leave for the purpose of the foster parent shared leave pool direct the donation to a specific individual?
Leave donated under this section is donated to the foster parent shared leave pool and cannot be directed to a specific individual. Foster parent shared leave is withdrawn from the pool by eligible employees according to priorities established by the department of ((social and health services))children, youth, and families. All employees who donate must specifically direct their leave donation to the foster parent shared leave pool.
AMENDATORY SECTION(Amending WSR 18-03-081, filed 1/15/18, effective 2/16/18)
WAC 357-31-920When an employer and/or the department of ((social and health services))children, youth, and families has determined that abuse of the foster parent shared leave pool has occurred will the employee be required to repay the shared leave drawn from the pool?
Employers and/or the department of ((social and health services))children, youth, and families must investigate any alleged abuse of the foster parent shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the foster parent shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.