PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-17-056.
Title of Rule: Chapter 388-39 WAC, Child welfare services -- Complaint resolution; and repealing WAC 388-74-010 Complaint resolution definition and 388-74-030 Complaint procedure.
Purpose: To explain the process Children's Administration uses to resolve complaints and grievances of clients, foster parents, and other affected individuals; to describe complainants' rights; and to identify responsibilities of constituent relations staff in resolving complaints and providing information.
Statutory Authority for Adoption: RCW 74.13.045.
Statute Being Implemented: Chapters 74.13, 13.32A, and 13.34 RCW.
Summary: The chapter is written in clear English, using a question and answer format, to make it more understandable to Children's Administration customers and to clarify the administration's complaint resolution process. It also removes the word "office" from references to the constituent relations section, reflecting an organizational change.
Reasons Supporting Proposal: The chapter updates information about the Children's Administration's complaint resolution process and complies with Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara McPherson, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7914.
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: The chapter updates existing rules to provide clear, concise answers to persons seeking information regarding the Children's Administration's complaint resolution process.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Children's Administration has analyzed the proposed WAC changes and concludes that no new costs will be imposed on the small businesses impacted by these WACs. Preparation of a small business economic impact statement is not required.
RCW 34.05.328 does not apply to this rule adoption. The proposal clarifies language of existing rules without changing the effect.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 24, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by October 17, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopekd@dshs.wa.gov].
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 24, 2000.
Date of Intended Adoption: Not sooner than October 25, 2000.
August 23, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2826.1CHILD WELFARE SERVICES -- COMPLAINT RESOLUTION
"Children's administration" (CA) means the cluster of programs within the department of social and health services responsible for the provision of child welfare, child protective, child care licensing, and other services to children and their families.
"Complaints office" or "constituent relations" means the office within the children's administration responsible for handling complaints regarding child welfare services.
"Division of children and family services" (DCFS) means the division within the children's administration responsible for administering child welfare services programs.
"Division of licensed resources" (DLR) means the division within the children's administration responsible for licensing or certifying child care homes and facilities under the authority of chapter 74.15 RCW.
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Constituent relations staff assist clients, foster parents, and other affected individuals in resolving complaints and grievances regarding children's administration (CA) policies and procedures, or the application of a policy or procedure related to CA programs. Under RCW 74.13.045, constituent relations staff may inquire into, determine fact, and facilitate the resolution of disputes and complaints.
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(1) After making a reasonable effort to resolve a complaint with a social worker or licensor, a client, foster parent, or community member may contact the CA constituent relations office to request assistance.
(2) Constituent relations staff will assist the complainant in reviewing the complaint with the assigned social worker or licensor to arrive at a resolution.
(3) If the complaint cannot be resolved with the social worker or licensor, constituent relations staff will assist the complainant in reviewing it with the supervisor of the social worker or licensor for resolution.
(4) If the complaint cannot be resolved with the supervisor, constituent relations staff will assist the complainant in reviewing the complaint with the supervisor's area manager or regional manager for resolution.
(5) If the complaint cannot be resolved with the area manager or regional manager, constituent relations staff will assist the complainant in reviewing it with the area manager's regional administrator or the regional manager's office chief.
(6) If CA constituent relations staff determines at any time during the complaint resolution process that the administration's actions were consistent with agency policy and procedures based on complete and correct information regarding the complainant's situation, the constituent relations staff will terminate the resolution process and will close the complaint.
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(1) When constituent relations staff and local CA staff have made a reasonable attempt to resolve the complaint, the regional administrator, the office chief, or the constituent relations supervisor may convene a panel to review the complaint and make recommendations to the CA assistant secretary for resolution.
(2) The regional administrator or office chief and the constituent relations supervisor will determine the membership of the panel.
(3) The panel must consist of the following members:
(a) The regional administrator's or office chief's designee who must not be from the administrative unit where the complaint originated;
(b) A constituent relations staff person;
(c) A person who is not a CA employee; and
(d) If the complainant is a foster parent, a foster parent who is not involved in the complaint.
(4) The panel may examine the complaint, the complainant's file, and any additional relevant information, including information from the complainant, CA staff, or others.
(5) The panel must submit written findings and recommendations to the CA assistant secretary who will issue a final, written decision.
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(1) The complaint resolution process does not apply to complaints for which the complainant has the right to seek resolution through judicial review or an adjudicative proceeding under Title 13, 26, or 74 RCW.
(2) The process also does not apply to contract rate setting, contested rate payments, exceptional cost rates, disputes or decisions regarding written personal service contracts, or financial agreements.
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Reviser's note: The spelling 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.
NEW SECTION
WAC 388-39A-050
Is the complaint resolution process the
only way to resolve a complaint?
Participation in the complaint resolution process does not affect the right of any person to seek other remedies.
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(1) Under RCW 74.13.045, the complaint resolution process does not create substantive or procedural rights for any person.
(2) Participation in the complaint resolution process does not entitle any person to an adjudicative proceeding under chapter 34.05 RCW or to superior court review.
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In addition to complaint resolution, CA constituent relations staff also provide information about children's administration programs, policies, and procedures and information about other complaint resolution resources, including the office of the family and children's ombudsman.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-74-010 | Child welfare services complaint resolution definitions. |
| WAC 388-74-030 | Complaint procedure. |