WSR 17-21-085

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

[Filed October 17, 2017, 2:18 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 17-16-168.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-25-0506 Who is eligible for extended foster care?, 388-25-0528 How does a youth agree to participate in the extended foster care program?, and 388-25-0534 If an extended foster care participant loses his or her eligibility before he or she turns nineteen, can he or she reapply for extended foster care?

Hearing Location(s): On November 21, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than November 22, 2017.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 21, 2017.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by November 7, 2017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend these rules because the Washington state legislature modified RCW 74.13.031 to raise the age limit for youth to reenroll into the extended foster care (EFC) program. The age limit has been raised from nineteen years old to twenty-one years old.

Reasons Supporting Proposal: To align with recent changes in legislation.

Statutory Authority for Adoption: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030.

Statute Being Implemented: RCW 13.34.145.

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

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Sherrie Flores, P.O. Box 45710, Olympia, WA 98504, 360-902-8332.

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. A cost-benefit analysis is not required under RCW 34.05.328 (5)(b)(iii). Rules adopted by reference without material change to ensure WAC are consistent with federal requirements. The rule content is dictated by statute.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

October 12, 2017

Katherine I. Vasquez

Rules Coordinator

AMENDATORY SECTION (Amending WSR 16-14-065, filed 6/30/16, effective 7/31/16)

WAC 388-25-0506 Who is eligible for extended foster care?

(1) To be eligible for the extended foster care program, a youth, on his or her eighteenth birthday must be dependent under chapter 13.34 RCW, placed in foster care as defined in WAC 388-25-0508 by CA, and:

(a) Enrolled in school as described in WAC 388-25-0512 ((in a high school or high school equivalency program));

(b) ((Enrolled as described in WAC 388-25-0512 in a post-secondary academic or vocational education program;

(c))) Have applied for ((and)), or can demonstrate intent to timely enroll in a post-secondary academic or vocational education program ((())as described in WAC 388-25-0514(())); ((or

(d))) (c) Participating in a program or activity designed to promote employment or remove barriers to employment as described in WAC 388-25-0515;

(((e))) (d) Engaged in employment for eighty hours or more per month; ((or

(f))) (e) Unable to engage in subsection (1)(a) through (((e))) (d) of this section due a documented medical condition((.)) as described in WAC 388-25-0519; or

(((2) Have)) (f) Did not enroll in the extended foster care program and;

(i) Had their dependency dismissed on their eighteenth birthday ((as the youth did not meet any of the criteria found in subsections (1)(a) through (f) of this section, or did not agree to participate in the program and the youth));

(ii) Is requesting to ((participate)) enroll in the extended foster care program through a voluntary placement agreement (VPA) prior to reaching the age of nineteen((.)); and

(iii) Meets one of the criteria found in subsections (1)(a) through (e) of this section.

(2) If the youth was in the extended foster care program but then unenrolled or lost their eligibility, the youth may reenroll in the extended foster care program through a VPA one time before the age of twenty-one. The youth must meet one of the criteria in subsections (1)(a) through (((f))) (e) when requesting to ((participate)) reenroll in the extended foster care program.

AMENDATORY SECTION (Amending WSR 16-06-044, filed 2/24/16, effective 3/26/16)

WAC 388-25-0528 How does a youth agree to participate in the extended foster care program?

(1) An eligible dependent youth can agree to participate by:

(a) Signing an extended foster care agreement; or

(b) For developmentally disabled youth, remaining in the foster care placement and continuing in an appropriate educational program.

(2) An eligible nondependent youth who did not elect to participate in the program on their eighteenth birthday can agree to participate by:

(a) Signing a voluntary placement agreement (VPA) before reaching age nineteen; or

(b) Establishing a nonminor dependency before reaching age nineteen if the department denied entry into the program.

(3) An eligible nondependent youth requesting to reenter the program may agree to participate by signing a VPA prior to reaching age twenty-one as long as the youth has not previously entered into a VPA for extended foster care services.

(4) In order to continue receiving extended foster care services after entering into a ((voluntary placement agreement)) VPA with the department, the youth must agree to the entry of an order of dependency within one hundred eighty days of the date that the youth is placed in foster care pursuant to a ((voluntary placement agreement)) VPA.

AMENDATORY SECTION (Amending WSR 14-13-051, filed 6/12/14, effective 7/13/14)

WAC 388-25-0534 If an extended foster care participant loses his or her eligibility before he or she turns ((nineteen)) twenty-one, ((can)) may he or she reapply for extended foster care?

(1) Yes. If a youth was ((receiving)) receiving extended foster care ((services)) services and lost eligibility, he or she may reapply as long as the youth:

(((1) The youth)) (a) Has not turned ((nineteen)) twenty-one; ((and

(2) The youth)) (b) Meets one of the conditions for eligibility in WAC ((388-25-0506)) 388-25-0506 (1)(a) through (e); and

(((3) The youth)) (c) Has not entered into a prior voluntary placement agreement with the department for the purposes of participating in the extended foster care program.

(2) Youth may reenter the extended foster care program one time between the ages of eighteen to twenty-one.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.