CHILDREN, YOUTH, AND FAMILIES

[Filed August 1, 2019, 2:52 p.m., effective September 1, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: For foster care rate assessments, clarify processes for assessment and review, allow variations in the best interest of the child to (1) the rate assessment process, and (2) reimbursement rates for children placed in out-of-state care; eliminate the extension period previously allowed for requesting a review; and make technical corrections necessary following the decodification of these sections from Title 388 WAC and their recodification to Title 110 WAC.

Citation of Rules Affected by this Order: Amending WAC 110-50-0490, 110-50-0550, 110-50-0560, and 110-50-0720.

Statutory Authority for Adoption: RCW 74.13.031.

Adopted under notice filed as WSR 19-11-059 on May 14, 2019.

Changes Other than Editing from Proposed to Adopted Version: WAC 110-50-0720 revised to clarify who must approve the use of in-state rates for out-of-state care.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 4, Repealed 3 [0].

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 1, 2019.

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))DCYF places a child ((into a new))with a placement ((with a family)) residing and licensed in another state, the ((DCFS social worker))DCYF caseworker must obtain the ((payment))reimbursement rates from that state((. Following receipt of the other state's rates, the department will pay))and DCYF will reimburse at that state's rates. If approved by the regional administrator or the regional administrator's designee, DCYF may reimburse an out-of-state foster care placement at Washington state rates if paying the 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))reimbursement for foster care.