Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 388-454-0006, the department makes background checks on adults who are acting in loco parentis without court-ordered custody and 388-454-0025 The department notifies a child's parent when we approve assistance and the child is living with someone other than their parent.

Purpose: Require background checks of adults caring for minor children in loco parentis without formal court-ordered custody or guardianship and notification to parents of the child's whereabouts.

Statutory Authority for Adoption: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460.

Statute Being Implemented: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460.

Summary: Effective March 1, 2001, children who live with an adult acting in loco parentis were eligible for TANF benefits. Unrelated adults are required to have a background check to protect the safety and well being of the child. The department notifies the parent of the child's whereabouts unless there is a credible claim of abuse or neglect.

Reasons Supporting Proposal: DSHS has a responsibility to ensure the safety of the children it serves. Since the child has no blood relationship to the adult and the adult does not have court-ordered custody, DSHS must take additional steps to ensure that children are not put at risk when they live with an unrelated adult. DSHS also has a responsibility to notify parents of the child's whereabouts.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Pam Raymond, 1009 College Street, Lacey, WA 98503, (360) 413-3087.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule requires background checks for unrelated adults caring for minor children in loco parentis without court-ordered custody or guardianship in order to be eligible for financial and medical assistance for the child. The department also notifies parents of the whereabouts of the child unless there is a credible claim of abuse or neglect. These requirements will help ensure the safety and well being of children served by the department.

Proposal Changes the Following Existing Rules: Adults acting in loco parentis for unrelated minor children are now required to have background checks. It adds the requirement to notify parents when a child is living with someone other than a parent, regardless of relationship.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

RCW 34.05.328 does not apply to this rule adoption. These rules meet the definition of a "significant legislative rule" but DSHS is exempt from preparing a cost benefit analysis under RCW 34-05-328 [34.05.328] (5)(b)(vii).

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 6, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Fred Swenson by November 1, 2001, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensFH@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Department of Social and Health Services, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 6, 2001.

Date of Intended Adoption: No sooner than November 7, 2001.

September 25, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(a) Is not related to you; and

(b) Lives with you but you do not have a court order that gives you legal custody of the child.

(2) A child who is not related to you cannot receive TANF/SFA benefits while living with you until we have completed a background check and the results of the background check meet the criteria in subsection (3) through (5).

(3) A child who is not related to you cannot receive benefits while living with you if:

(a) You have been convicted of a crime listed in WAC 388-06-0170; or

(b) You have been convicted of a crime listed in WAC 388-06-0180 within the last five years.

(4) We review your background when you have been convicted of a crime listed in WAC 388-06-0180 more than five years ago to determine your character, suitability, and competence to receive benefits for a child not related to you. We consider the following factors:

(a) The amount of time that has passed since you were convicted;

(b) The seriousness of the crime that led to the conviction;

(c) The number and types of convictions in your background; and

(d) Your age at the time of the conviction.

(5) When you have a conviction for a crime other than those listed in WAC 388-06-0170 or 388-006-0180 we review your background as described in subsection (4) above.

(6) Expunged or sealed conviction records do not count against you.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.2985.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-454-0025   ((Notice to)) The department notifies a child's parent when we approve assistance and the child ((lives)) is living with ((nonparental relative)) someone other than their parent.   (1) ((When TANF/SFA has been approved for a child who is living with a nonparental caretaker relative,)) The department ((will make)) makes a reasonable effort((s)) to ((notify)) contact the parent with whom the child ((most recently)) last lived ((that)) when we find out that a child applying for assistance lives with someone other than the child's parent. We tell the parent:

(a) Within seven days of the date we approve assistance ((has been authorized)) for the child;

(b) How to ask for family reconciliation services ((may be requested)) from the department; and

(c) ((The parent has the right)) How to request the child's address and location as allowed under WAC 388-428-0010.

(2) ((The parent will be notified within seven calendar days of assistance authorization.

(3) The parent will not be notified if there is a substantiated)) We do not notify the parent when there is evidence to support a claim that the parent has abused or neglected the child.

(((4) Release of the child's address and location will be subject to the requirements of chapter 388-428 WAC.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-454-0025, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office