WSR 20-04-039
[Filed January 29, 2020, 9:51 a.m., effective January 29, 2020, 9:51 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Establish capacity for a foster family home, exceptions that may be allowed at the department's discretion, and the necessary requirements for approving exceptions.
Citation of Rules Affected by this Order: Amending WAC 110-148-1390.
Statutory Authority for Adoption: P.L. 115-123 (2018); RCW 74.13.031, 74.15.030, and 74.15.311.
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: The Family First Prevention Services Act (Pub. L. 1150-123 (2018)) amends Title IV-E and Title IV-B of the Social Security Act as to child welfare programs and policy. It requires states, including Washington, to meet national standards intended to improve licensing standards for foster family homes. Washington state's current licensing standards are largely consistent with the new national standards and the department is engaging in permanent rule making to align those that are not. The department anticipates permanent rules to be effective in early 2020. One area where alignment is necessary is establishing the conditions and requirements that will allow foster family homes to exceed licensed capacity in order to receive Title IV-E funding for foster care. These changes must be in effect on October 1, 2019, which is sooner than permanent rule making allows.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 29, 2020.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-148-1390Can I accept children outside the limitations of my license?
(1) We have the discretion to allow you to temporarily exceed your capacity. We may do this when you provide care for a sibling group, respite care, placement of a relative child, or because you have demonstrated exceptional abilities to meet the needs of children. The placement must be in the best interest of the child and may not affect the health and safety of other children in the home.
(2) If your home is licensed for six foster children, LD will not allow you to exceed your capacity unless one of the following criteria is met:
(a) To allow a parenting youth in foster care to remain with the child of the parenting youth;
(b) To allow siblings to remain together;
(c) To allow a child with an established meaningful relationship with the family to remain with the family; or
(d) To allow a family with special training or skills to provide care to a child who has a severe disability.
(3) The approval must be in writing and we may require a written plan for additional supervision or other requirements before granting approval.