WSR 26-08-088
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed March 31, 2026, 3:05 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 26-04-044.
Title of Rule and Other Identifying Information: Child welfare, chapter 110-50 WAC: The financial and business services division is revising the following WAC in the child welfare chapter 110-50 WAC that relate to the managing and using unearned income and resources for foster children and youth section: WAC 110-50-1190 Definitions, and 110-50-1200 Department requirements for managing and using unearned income and resources for eligible children and youth in foster care.
The following WAC in chapter 110-50 WAC related to the state supplementary payment (SSP) program will be repealed: WAC 110-50-1220 Department's state supplementary payment (SSP) program, 110-50-1230 Eligibility requirements to receive SSP, 110-50-1240 Eligibility determination and payment, 110-50-1250 Notification of eligibility, 110-50-1260 Applying for the SSP program when not eligible, and 110-50-1270 Appeal rights.
Hearing Location(s): On May 5, 2026, telephonic. Comments can be made by calling 360-972-5385 and leaving a voicemail that includes the comment, emailing the rules coordinator, or submitting comments to the online comment application linked below. All comments must be received by the date and time listed below.
Date of Intended Adoption: May 6, 2026.
Submit Written Comments to: Department of children, youth, and families (DCYF) rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, beginning April 6, 2026, at 8:00 a.m., by May 5, 2026, at 11:59 p.m.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, relay users dial 711, by April 24, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revising WAC 110-50-1190 and 110-50-1200 in the managing and using unearned income and resources for foster children and youth section of these rules to reinstate the reference to retirement, survivors, and disability insurance (RSDI), also referred to as old-age, survivors, and disability insurance, which was inadvertently omitted from the most recent rules filing. Adding RSDI back into these WAC will allow for clearer references to the various programs provided by the Social Security Administration.
Repealing the SSP program in chapter 110-50 WAC. The SSP program is administered by the department of social and health services and eligibility requirements for children or youth in foster care are already covered in WAC 388-474-0012.
Reasons Supporting Proposal: See purpose.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Todd Wollen, Olympia, Washington, 360-529-6279; 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. DCYF is not among the agencies listed as required to comply with RCW
34.05.328 (5)[(a)](i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Scope of exemption for rule proposal:
Is fully exempt.
March 31, 2026
Brenda Villarreal
Rules Coordinator
RDS-7025.2
AMENDATORY SECTION(Amending WSR 25-24-064, filed 12/1/25, effective 1/1/26)
WAC 110-50-1190Definitions.
The following definitions apply to this chapter:
"Department" means the Washington state department of children, youth, and families.
"Out-of-home care" means the same as defined in RCW
13.34.030.
"Retirement, survivors, and disability insurance (RSDI)" means the same as the federal Old-Age, Survivors, and Disability Insurance Benefits as defined in 42 U.S.C. § 401-433.
"Social Security Disability Income (SSDI)" means the same as defined in 42 U.S.C. § 423.
"Supplemental Security Income (SSI)" means the same as defined in 42 U.S.C. § 1381a.
AMENDATORY SECTION(Amending WSR 25-24-064, filed 12/1/25, effective 1/1/26)
WAC 110-50-1200Department requirements for managing and using unearned income and resources for eligible children and youth in foster care.
The department must:
(1) Complete the following when managing and using foster children's and youth's unearned income and resources:
(a) Notify their caregivers and all legal parties to the dependency case when the department applies for benefits on behalf of children and youth((.)); and
(b) Count the following as unearned income for foster children and youth unless exempted by the terms and conditions of the receipt of the income when they are eligible to receive:
(i) SSI;
(ii) SSDI;
(iii) RSDI;
(iv) Veteran's benefits;
(((iv)))(v) Inheritances; or
(((v)))(vi) Any other payments((.)); and
(2) Use income not exempted to cover the child's cost of care, except for resources held in trust for an Indian child.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-50-1220 | Department's state supplementary payment (SSP) program. |
WAC 110-50-1230 | Eligibility requirements to receive SSP. |
WAC 110-50-1240 | Eligibility determination and payment. |
WAC 110-50-1250 | Notification of eligibility. |
WAC 110-50-1260 | Applying for the SSP program when not eligible. |
WAC 110-50-1270 | Appeal rights. |