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Chapter 110-50 WAC

Last Update: 8/1/19

CHILD WELFARE

(Formerly: Chapters 388-25 and 388-200 WAC)

WAC Sections

HTMLPDF110-50-0002Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?
PLACEMENT
HTMLPDF110-50-0010What are the department's placement priorities?
HTMLPDF110-50-0020What are the department's limitations on placement?
HTMLPDF110-50-0030What are the department's placement procedures for an infant residing in foster care with the infant's teen parent?
HTMLPDF110-50-0040Under what circumstances may the department provide foster care for educational purposes?
HTMLPDF110-50-0050What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?
HTMLPDF110-50-0060What must a parent do to place the child in foster care with the department?
HTMLPDF110-50-0070Under what circumstances may a parent sign a consent for voluntary placement of a child in foster care with the department?
HTMLPDF110-50-0080How long may a voluntary placement last with the department?
HTMLPDF110-50-0090May the department grant an exception to the length of stay in voluntary placement?
HTMLPDF110-50-0100What are the department's obligations regarding children placed by the department between states?
HTMLPDF110-50-0110What are the standards for use and reimbursement of receiving home care?
HTMLPDF110-50-0120What are the types of receiving homes and what children are served in them?
HTMLPDF110-50-0130Who decides on the number of receiving homes needed in an area?
HTMLPDF110-50-0140How long may a child stay in a receiving home?
HTMLPDF110-50-0150What are the rates for reimbursement to receiving home providers?
HTMLPDF110-50-0160How are rates authorized for reimbursement to receiving home providers?
HTMLPDF110-50-0170Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?
HTMLPDF110-50-0180Under what circumstances may a relative not be considered as a placement option for a child?
HTMLPDF110-50-0190What sources of financial support are available to a relative caring for a child that the department has placed in the relative's home?
HTMLPDF110-50-0200How does the department treat relatives of specified degree with legally free children?
HTMLPDF110-50-0210When may the department serve a child through a behavior rehabilitation services program?
HTMLPDF110-50-0220What is the department's authority to remove a child from a behavior rehabilitation services placement?
HTMLPDF110-50-0230Under what conditions and how much will the department reimburse to child placing agencies licensed or certified under chapter 74.15 RCW to provide care to children?
HTMLPDF110-50-0240What steps may the department take if a child placing agency does not meet the requirements of this chapter?
HTMLPDF110-50-0250What are the department's expectations for child placing agencies (CPA) to which the department makes reimbursement for services or administrative costs?
HTMLPDF110-50-0260What steps must the department take when a child whose case management responsibility remains with the department is placed in a home certified by a CPA?
HTMLPDF110-50-0270What activities must a child placing agency provide in order to receive payment from the department?
HTMLPDF110-50-0271How long may a child served by the department remain in out-of-home placement before a court hearing is held?
HTMLPDF110-50-0272What are the training requirements for licensed foster parents?
HTMLPDF110-50-0273Gifts, bequests by will, and contributions.
CHILD SUPPORT
HTMLPDF110-50-0280What is the parents' obligation to support their child in foster care?
HTMLPDF110-50-0290Who has authority to recommend or negotiate amounts for parental participation in the cost of foster care?
HTMLPDF110-50-0300What cases must be referred to the division of child support (DCS)?
HTMLPDF110-50-0310Does children's administration refer foster care cases to the division of child support where good cause exists?
HTMLPDF110-50-0320What constitutes good cause for not pursuing the collection or establishment of child support or paternity?
HTMLPDF110-50-0330Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?
HTMLPDF110-50-0340Who may request a good cause determination?
HTMLPDF110-50-0350When may a good cause determination be requested?
HTMLPDF110-50-0360To whom must parents send child support payments for their child in foster care?
HTMLPDF110-50-0370Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?
FOSTER CARE RATE ASSESSMENT
HTMLPDF110-50-0400What kinds of financial support are available to licensed foster care providers?
HTMLPDF110-50-0410What is the purpose of the foster care maintenance payment?
HTMLPDF110-50-0420What is the legal basis for the foster care program?
HTMLPDF110-50-0430What definitions apply to the foster care program?
HTMLPDF110-50-0440What method does the department use to determine what foster care rate will be paid for a foster child?
HTMLPDF110-50-0450What are the essential features of the foster care rate assessment system?
HTMLPDF110-50-0460How does the foster care rate assessment work?
HTMLPDF110-50-0470When may the department or a child placing agency authorize foster care placement?
HTMLPDF110-50-0480What factors are considered in the foster care rate assessment?
HTMLPDF110-50-0490How often do the foster parent and caseworker meet to complete the rate assessment?
HTMLPDF110-50-0500What are the reimbursement levels?
HTMLPDF110-50-0510Can the child be assessed at a different level, depending on the foster home?
HTMLPDF110-50-0520Can the assessment change if the child's needs change?
HTMLPDF110-50-0530How will the foster parent be notified of the rate the child will receive?
HTMLPDF110-50-0540Can a foster parent challenge the rate assessment?
HTMLPDF110-50-0550How does a foster parent seek a department review of the rate assessment?
HTMLPDF110-50-0560What does the department consider in reviewing the request?
HTMLPDF110-50-0570How does the foster parent learn about the department's decision on review?
HTMLPDF110-50-0580To whom does the department make payment for foster care?
HTMLPDF110-50-0590How does the foster parent appeal the department's decision on review?
HTMLPDF110-50-0600What law and rules govern the administrative law judge?
HTMLPDF110-50-0610What issues may be decided by the administrative law judge?
HTMLPDF110-50-0620What are the department's expectations for foster care providers to whom the department makes reimbursement for services?
HTMLPDF110-50-0630What are the department's responsibilities regarding financial assistance to support children in the department's foster homes and child placing agency foster homes?
HTMLPDF110-50-0640What is the effective date for payment of foster care?
HTMLPDF110-50-0650What is the beginning date for payment of foster care?
HTMLPDF110-50-0660What is the effective date for termination of foster care payments?
HTMLPDF110-50-0670What are the department's general standards for family foster care reimbursement?
HTMLPDF110-50-0680When may the department authorize a clothing allowance for a child in out-of-home care?
HTMLPDF110-50-0690May the department consider foster care payments to the foster family in determining eligibility for public assistance?
HTMLPDF110-50-0700What are the department's standards for making foster care payment to a relative providing care to the child served by department?
HTMLPDF110-50-0710How does the department make reimbursement for foster care for a child served by the department who moves out-of-state with the foster family?
HTMLPDF110-50-0720What payment procedures must the department follow for children placed across state borders?
HTMLPDF110-50-0730What limitations exist on administrative hearings regarding foster care payments?
OVERPAYMENT
HTMLPDF110-50-0740What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?
HTMLPDF110-50-0750Do vendor overpayment rules in this chapter also apply to adoptive parents?
HTMLPDF110-50-0760Are there time limitations on identifying and recovering an overpayment?
HTMLPDF110-50-0770May overpayments be waived or forgiven?
HTMLPDF110-50-0780Do other governmental organizations have the right to an adjudicative hearing?
HTMLPDF110-50-0790What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?
HTMLPDF110-50-0800When is payment due on an overpayment?
HTMLPDF110-50-0810Who establishes guidelines to identify overpayments and to mediate overpayment disputes?
FOSTER PARENT LIABILITY FUND
HTMLPDF110-50-0900What is the foster parent liability fund?
HTMLPDF110-50-0910What is the period of coverage for foster parent liability fund?
HTMLPDF110-50-0920Who is eligible for coverage under the foster parent liability fund?
HTMLPDF110-50-0930What are the limits of coverage under the foster parent liability fund?
HTMLPDF110-50-0940The department excludes what claims from coverage under the foster parent liability fund?
HTMLPDF110-50-0950What if there are multiple claims for one occurrence under the foster parent liability fund?
HTMLPDF110-50-0960May another source be used to recover on the same claim paid by the liability fund?
HTMLPDF110-50-0970What are the department's authority and the foster parent's responsibilities regarding investigation of claims?
FOSTER PARENT PROPERTY DAMAGE REIMBURSEMENT
HTMLPDF110-50-1000What are the department's responsibilities and limitations for reimbursement for damage or loss caused by a child in family foster care?
HTMLPDF110-50-1010What are the eligibility requirements for reimbursements to foster parents for damages?
HTMLPDF110-50-1020What are the department's reimbursement limitations?
HTMLPDF110-50-1030What types of claims are specifically excluded from reimbursement?
HTMLPDF110-50-1040What is the procedure for filing a claim?
HTMLPDF110-50-1050Which office within the department determines damage reimbursement?
HTMLPDF110-50-1060How are exception requests made?
HTMLPDF110-50-1070What claims may the department deny?
HTMLPDF110-50-1080What must a foster parent do to have a denied claim reconsidered?
HTMLPDF110-50-1090Will the department investigate claims?
JUVENILE RECORDS
HTMLPDF110-50-1100What are the department's responsibilities for management of juvenile records?
HTMLPDF110-50-1110To whom may the department release records?
HTMLPDF110-50-1120Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?
HTMLPDF110-50-1130What may a juvenile or the juvenile's parent do if the department denies access to information?
HTMLPDF110-50-1140What are the requirements for release of foster parents' licensing records?
STATE SUPPLEMENTARY PAYMENT PROGRAM
HTMLPDF110-50-1200How does the department treat resources and unearned income of a child in foster care?
HTMLPDF110-50-1210Who receives veterans' benefits for children in foster care?
HTMLPDF110-50-1220What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?
HTMLPDF110-50-1230What are the eligibility requirements for the CA/SSP program?
HTMLPDF110-50-1240When will my eligibility for CA/SSP be determined?
HTMLPDF110-50-1250How will I know if I am eligible to receive a CA/SSP payment?
HTMLPDF110-50-1260Can I apply for the CA/SSP program if I am not identified by CA as eligible for the CA/SSP program?
HTMLPDF110-50-1270What are my appeal rights if CA determines that I am not eligible for CA/SSP?


PDF110-50-0002

Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?

The Administrative Procedure Act, chapter 34.05 RCW, chapter 388-02 WAC, and this chapter govern the proceeding. The provisions in this chapter govern if a conflict exists in chapter 388-02 WAC. Chapter 34.05 RCW is the overall governing authority.
[WSR 18-14-078, recodified as § 110-50-0002, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0290, filed 3/30/01, effective 4/30/01.]



PDF110-50-0010

What are the department's placement priorities?

Within the limits of available financial resources, the department provides placement services to children according to the following ordered priorities:
(1) The department must place children who urgently need protection from child abuse or neglect (CA/N) if the department has legal authority for placement consistent with WAC 388-25-0025.
(2) The department may place children whose mental, emotional, behavioral or physical needs present a risk to their safety and resources do not exist within the family to provide for those needs.
[WSR 18-14-078, recodified as § 110-50-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0015, filed 3/30/01, effective 4/30/01.]



PDF110-50-0020

What are the department's limitations on placement?

Children's administration (CA) social workers must place only those children who meet the criteria for child protective services (CPS), family reconciliation services (FRS), or child welfare services as defined in RCW 74.13.020. Children in situations outlined below do not meet those criteria:
(1) Children whom the CA social worker determines, after assessment, will not be helped in out-of-home care.
(2) Youths ages twelve through seventeen years of age in conflict with their parents and who have not received family reconciliation services, except families receiving adoption support that have already received extensive counseling services.
(3) Youths ages twelve through seventeen years of age whose family has received family reconciliation services and parents are unwilling to have the youths at home solely due to misbehavior.
(4) Youths for whom the primary placement issue is community protection, including sexual predators covered by the sexually aggressive youth (SAY) statute, RCW 74.13.075.
(5) Youths who are unwilling to live in the home of parents who are willing to have them at home, when this is the only presenting problem.
(6) Youths who have a mental illness and are a danger to themselves or others as defined by a mental health professional (see chapter 71.34 RCW).
[WSR 18-14-078, recodified as § 110-50-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0020, filed 3/30/01, effective 4/30/01.]



PDF110-50-0030

What are the department's placement procedures for an infant residing in foster care with the infant's teen parent?

(1) When a teen parent and infant reside in the same facility, the infant's "home" is considered to be the infant's parent's home. Maintenance payments for the teen parent must be increased to provide for the maintenance of the infant. A legal authorization-to-be-placed is not required in order to include an amount sufficient for the infant's maintenance or to issue medical coupons for the infant.
(2) For protection of the infant, a dependency order placing the child in temporary custody of the department may be appropriate. Even if dependency is established, a legal authorization-to-be placed must be obtained to keep the infant in out-of-home care should the teen parent placement setting change so as not to include the infant.
[WSR 18-14-078, recodified as § 110-50-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0065, filed 3/30/01, effective 4/30/01.]



PDF110-50-0040

Under what circumstances may the department provide foster care for educational purposes?

(1) The department may provide licensed foster care for a child with physical or mental disabilities when requested by a school district and in concurrence with the wishes of the parents, in accordance with WAC 388-25-0030.
(2) The department will not make the payment when the only need for foster care arises from the need for an education. The department will only pay the cost of foster care when one of the conditions of WAC 388-25-0030 applies.
[WSR 18-14-078, recodified as § 110-50-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0175, filed 3/30/01, effective 4/30/01.]



PDF110-50-0050

What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?

The placement goal for the foster care program is to limit the number of all children who remain in care in excess of twenty-four months to no more than thirty-five percent of the foster care population.
[WSR 18-14-078, recodified as § 110-50-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 34.05.353 and 74.13.055. WSR 03-14-062, § 388-25-0018, filed 6/25/03, effective 7/26/03.]



PDF110-50-0060

What must a parent do to place the child in foster care with the department?

A child's parent may sign a Voluntary Placement Agreement (VPA), DSHS 09-004B(X), to voluntarily place a child in foster care. The consent for voluntary placement must agree with child welfare services as described under RCW 74.13.031. The consent becomes valid when signed by a representative of children's administration.
[WSR 18-14-078, recodified as § 110-50-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0050, filed 3/30/01, effective 4/30/01.]



PDF110-50-0070

Under what circumstances may a parent sign a consent for voluntary placement of a child in foster care with the department?

(1) If alternative placement resources, including social supports in the family home, have been considered and eliminated; and
(2) The department agrees that the child needs to be placed; then
(3) A child's parent may sign a consent for voluntary placement of a child in foster care (if the child is Native American refer to the Indian Child Welfare Act):
(a) If the child and a parent cannot agree to the child's return home but do agree to the child's placement out of the home; or
(b) When a parent is unable to care for a child.
[WSR 18-14-078, recodified as § 110-50-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0045, filed 3/30/01, effective 4/30/01.]



PDF110-50-0080

How long may a voluntary placement last with the department?

A voluntary placement must last no longer than one hundred eighty days. By the end of one hundred eighty days, the child must return to the child's parent or guardian unless the juvenile court has made a judicial determination that:
(1) Return to the parent or guardian is contrary to the welfare of the child; and
(2) Continued placement in foster care is in the best interest of the child.
[WSR 18-14-078, recodified as § 110-50-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0055, filed 3/30/01, effective 4/30/01.]



PDF110-50-0090

May the department grant an exception to the length of stay in voluntary placement?

(1) The DCFS regional administrator or the regional administrator's designee may grant exceptions to the one hundred eight-day limit on voluntary placements only:
(a) If the department conducts an administrative review fulfilling the requirements of Title 42, United States Code (U.S.C.), chapter 675, section 475, and the review chairperson recommends continuation of voluntary placement; and
(b) If a specific date within six months is scheduled for the child to return home; or
(c) The child is seventeen years of age or older.
(2) Exceptions which cause the child to remain in care for longer than twelve months require a court review hearing that meets the dispositional and permanency plan hearing requirements of 42 U.S.C. 675, section 475.
[WSR 18-14-078, recodified as § 110-50-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0060, filed 3/30/01, effective 4/30/01.]



PDF110-50-0100

What are the department's obligations regarding children placed by the department between states?

The department must comply with the interstate compact on the placement of children (ICPC) in the interstate placement of children (see chapter 26.34 RCW).
[WSR 18-14-078, recodified as § 110-50-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0440, filed 3/30/01, effective 4/30/01.]



PDF110-50-0110

What are the standards for use and reimbursement of receiving home care?

The department or a child placing agency uses receiving homes to place a child in a licensed family foster home on a temporary, emergent, or interim basis to provide sufficient time for the development of a plan. This planning includes the involvement of the child, the child's parent(s), and the child's extended family whenever possible.
(1) A DCFS regional administrator must designate family foster homes which are to receive child placements twenty-four hours per day. These homes provide care for children on a temporary, emergent, or interim basis as regular or specialized receiving homes.
(2) If the regional administrator designates a receiving home to be available on a twenty-four-hour basis, the regional administrator must specify this designation in a written agreement with the foster parent. Regular foster homes may also agree to accept children on an emergent basis.
[WSR 18-14-078, recodified as § 110-50-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0130, filed 3/30/01, effective 4/30/01.]



PDF110-50-0120

What are the types of receiving homes and what children are served in them?

There are two types of receiving homes: Regular and specialized. Each type of home provides the following services:
(1) Regular receiving homes for children age birth through age seventeen; and
(2) Specialized receiving homes for children who require more intensive supervision than normally provided to children in foster care. The child may require more intensive supervision due to behavioral problems, developmental disability, emotional disturbance, erratic and unpredictable behavior or medical condition (not on personal care or medically intensive DDD program).
[WSR 18-14-078, recodified as § 110-50-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0135, filed 3/30/01, effective 4/30/01.]



PDF110-50-0130

Who decides on the number of receiving homes needed in an area?

Each DCFS regional administrator must decide on the number of receiving homes needed for the regional administrators' respective geographical areas.
[WSR 18-14-078, recodified as § 110-50-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0140, filed 3/30/01, effective 4/30/01.]



PDF110-50-0140

How long may a child stay in a receiving home?

(1) The department limits a child's maximum length of stay in a receiving home:
(a) Maximum length of stay for regular receiving homes is thirty consecutive days per placement;
(b) Maximum length of stay for specialized receiving homes is fifteen-consecutive days per placement.
(2) The DCFS regional administrator or the administrator's designee may approve extensions of a child's stay in a licensed family foster home paid at a receiving care rate beyond the limits contained in subsection (1) of this section.
[WSR 18-14-078, recodified as § 110-50-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0145, filed 3/30/01, effective 4/30/01.]



PDF110-50-0150

What are the rates for reimbursement to receiving home providers?

The current reimbursement rates, effective July 1, 2000, to receiving homes are:
Type of Home
Monthly Retention Fee - Per Bed
Daily Rate per Child in Care
Regular receiving (all ages)
$51.12
$19.06
Special receiving, ages 12-17
$102.99
$26.08
[WSR 18-14-078, recodified as § 110-50-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0150, filed 3/30/01, effective 4/30/01.]



PDF110-50-0160

How are rates authorized for reimbursement to receiving home providers?

(1) The DCFS regional administrator or the administrator's designee may authorize payments in excess of the standard for individual child-specific situations. The department may, within available funds, purchase clothing and personal incidentals for the child in receiving home care as needed.
(2) The department does not pay the receiving home rate if the child is expected to stay in this placement for longer than thirty days.
(3) The department may make reimbursement for assessment and interim care through the behavior rehabilitative services program.
(4) The department may, at the direction of the DCFS regional administrator or designee, use qualified, contracted behavior rehabilitative services to provide assessment or interim care for children and youth requiring that level of care as determined by the CA social worker. Unless the department and the provider make an alternate agreement, the department must pay for contracted rehabilitative services at the facility's contracted daily rate for interim or assessment care.
[WSR 18-14-078, recodified as § 110-50-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0155, filed 3/30/01, effective 4/30/01.]



PDF110-50-0170

Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?

(1) When the department determines that a child needs to be placed outside the home, the department must search for appropriate relatives to care for the child before considering nonrelative placements. See RCW 74.15.020 for the definition of "relative."
(2) The department reviews and determines the following when selecting a relative placement:
(a) The child would be comfortable living with the relative;
(b) The relative has a potential relationship with the child;
(c) The relative is capable of caring for the child and is willing to cooperate with the permanency plan for the child;
(d) The relative is able to provide a safe home for the child;
(e) Each child has his or her own bed or crib if the child remains in the home beyond thirty days.
(3) The department may consider nonrelated family members as potential resources, if these family members become licensed to provide foster care (see RCW 74.15.030).
[WSR 18-14-078, recodified as § 110-50-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0445, filed 3/30/01, effective 4/30/01.]



PDF110-50-0180

Under what circumstances may a relative not be considered as a placement option for a child?

The department may exclude relatives who have criminal histories as included in the Adoption and Safe Families Act (ASFA) regulations.
(1) If the department finds that, based on a criminal records check, a court of competent jurisdiction has determined that the relative or a member of the household has been convicted of a felony involving:
(a) Child abuse or neglect;
(b) Spousal abuse;
(c) A crime against a child or children (including child pornography); or
(d) Crimes involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.
(2) The department may not approve a relative placement if the department finds the relative, or a member of the household, has, within the last five years, been convicted of a felony involving:
(a) Physical assault;
(b) Battery; or
(c) A drug related offense.
[WSR 18-14-078, recodified as § 110-50-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0450, filed 3/30/01, effective 4/30/01.]



PDF110-50-0190

What sources of financial support are available to a relative caring for a child that the department has placed in the relative's home?

(1) For relatives needing financial support to care for the child, the social worker may assist the family to apply for temporary assistance for needy families (TANF) through the department's local community services office (CSO).
(2) Relatives who are licensed as foster parents may choose to receive foster care payments. The relative must not receive TANF benefits in behalf of the child in care while at the same time receiving foster care payments (see RCW 74.15.030).
(3) A relative who is not a licensed foster parent at the time of placement may apply to become a foster parent as described in chapter 388-148 WAC.
(4) The relative caring for the child in out-of-home placement may apply to be the representative payee for supplemental security income (SSI) or Social Security Administration benefits for the related child living with the relative. However, if the child is a dependent of the state of Washington with custody assigned to the department by the court, the department will usually remain the payee in behalf of the child until the dependency is dismissed.
[WSR 18-14-078, recodified as § 110-50-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0455, filed 3/30/01, effective 4/30/01.]



PDF110-50-0200

How does the department treat relatives of specified degree with legally free children?

(1) The department acknowledges a continuing relationship between relatives of specified degree and children who are legally free where the relatives choose to continue a relationship with the child and the continuing relationship is in the best interest of the child (see RCW 74.15.020 for the definition of relative of specified degree).
(2) Relatives of specified degree remain legal relatives when a child becomes legally free if those relatives wish to maintain a relationship with the child and the assigned social worker determines the continuing relationship is in the best interest of the child.
(3) Department staff must treat relatives of specified degree as the department treats all relatives under the rules of ICPC and the foster care and foster family home licensing programs.
The rights of the affected relatives of specified degree do not extend beyond adoption of the child except through an open adoption agreement (see RCW 26.33.295).
[WSR 18-14-078, recodified as § 110-50-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0460, filed 3/30/01, effective 4/30/01.]



PDF110-50-0210

When may the department serve a child through a behavior rehabilitation services program?

(1) The department may serve a child through the behavior rehabilitation services (BRS) program only when the CA social worker has assessed the child's and family's needs and determined that rehabilitative services are necessary and that this is the most appropriate placement for the child.
(2) The department may only provide financial support for a child's BRS placement when the CA social worker has determined this level of care is necessary, the placement is in a licensed or certified home or facility, the provider meets the department's qualifications, and the department has contracted with the provider for that service.
[WSR 18-14-078, recodified as § 110-50-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0030, filed 3/30/01, effective 4/30/01.]



PDF110-50-0220

What is the department's authority to remove a child from a behavior rehabilitation services placement?

The department has the authority to remove the child after at least seventy-two hours notice to the child care provider. The department may waive notice in emergency situations or when a court has issued an order changing a child's placement.
[WSR 18-14-078, recodified as § 110-50-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0035, filed 3/30/01, effective 4/30/01.]



PDF110-50-0230

Under what conditions and how much will the department reimburse to child placing agencies licensed or certified under chapter 74.15 RCW to provide care to children?

(1) The CPA representative must discuss with the department social worker for the child the roles of the agency and the department in the placement, permanency planning, and supervision of the child. The agency representative and the department social worker must also discuss services the department or the agency will provide to the child's parents and extended family.
(2) The CPA must maintain the documentation required by contract to demonstrate all services provided to children in care and for whom the department makes payment.
(3) The department will pay a monthly administrative fee to a CPA if the agency, in addition to supervision of the child, provides services to the child or the child's family.
(4) If the department wants to borrow a CPA-certified home for placement of a child, the department pays the agency for the use of the CPA's foster home with approval of the agency. The department pays the borrowed home fee described in the contract between the department and the agency.
(5) The department will pay a set monthly fee to a child placing agency for a borrowed home if the agency provides supervision services only to the child and no services to the child's family. The department pays this fee only to enable the agency to maintain the foster care license and to provide any related licensing training and support services. This activity includes maintenance of a foster care license for foster parent dependency guardianships in the agency-certified home. The following conditions also apply:
(a) The department may pay for a maximum of two borrowed beds in one foster home.
(b) If one CPA borrows a bed from another CPA, the department will pay only one service fee to one agency for the child. The two private agencies and the department will mutually identify and agree upon the agency the department will pay.
(6) The department may enter into contracts with CPAs to provide intensive treatment and supervision services to children with behavioral, emotional, medical, or developmental disabilities. The department will assess the needs of the child, assign a service level, and pay the rate provided in the contract.
(7) Before making payment for care of a child, the department must determine initial and ongoing eligibility for financial support, approve the placement, and approve the case plan for care of the child and services to the family. The department will document this approval through written agreements, documentary reports, and supervisory conferences with the CPA.
[WSR 18-14-078, recodified as § 110-50-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0430, filed 3/30/01, effective 4/30/01.]



PDF110-50-0240

What steps may the department take if a child placing agency does not meet the requirements of this chapter?

(1) In addition to any sanctions included in the department's contract with the CPA, the DCFS social worker must stop payment of the agency administrative fees in accordance with department procedures if the department does not receive the child's report in the time frame stipulated in WAC 388-25-0425.
(2) The DCFS social worker must inform the regional licenser and contracts coordinator when there are continuing problems with reports.
[WSR 18-14-078, recodified as § 110-50-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0435, filed 3/30/01, effective 4/30/01.]



PDF110-50-0250

What are the department's expectations for child placing agencies (CPA) to which the department makes reimbursement for services or administrative costs?

(1) The department requires that the child placing agency (CPA) be licensed or certified under chapter 74.15 RCW and have a contract with the department for the provision of child placement and related services.
(2) The CPA must document the services provided in a format described by the department in the contract.
(3) When the department agrees to place a child with a CPA, the licensed or certified agency must maintain the license of the foster family home and provide support services to the foster parents. The department will only place and pay for services with an agency with which the department has a contract. The agency must provide payment to the foster family in accordance with this chapter.
(4) The department requires that private agencies bringing children from other countries for adoption remain financially responsible for the child's placement costs if the adoption is not finalized, disrupts prior to finalization, or until the child reaches age eighteen.
[WSR 18-14-078, recodified as § 110-50-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0415, filed 3/30/01, effective 4/30/01.]



PDF110-50-0260

What steps must the department take when a child whose case management responsibility remains with the department is placed in a home certified by a CPA?

(1) The DCFS social worker follows regionally designated procedures for accessing services and sharing responsibility for utilizing child placing agency foster homes.
(2) The CPA and the DCFS social worker must sign a DSHS Private Child Placing Agency Agreement/Child in Foster Care, DSHS 15-190(X). The agreement designates which agency is responsible for case management services, support activities, and specific parts of the service plan while the child is placed in the CPA foster home. The agency representative and the department social worker must review and revise the agreement by mutual agreement at the request of either party.
(3) The CPA must provide the assigned DCFS social worker with quarterly progress reports for each child placed in homes certified by the CPA.
[WSR 18-14-078, recodified as § 110-50-0260, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0420, filed 3/30/01, effective 4/30/01.]



PDF110-50-0270

What activities must a child placing agency provide in order to receive payment from the department?

The CPA must undertake the following activities to receive payment from the department:
(1) Accept referrals of children and families from the department and negotiate a child-specific written service agreement with the department;
(2) Provide child and family case management and support activities as agreed;
(3) Document the case management and support activities as described in the contract between the department and the CPA;
(4) Provide adequate quarterly progress reports to the assigned social worker for each child whose placement or other services the department financially supports.
[WSR 18-14-078, recodified as § 110-50-0270, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0425, filed 3/30/01, effective 4/30/01.]



PDF110-50-0271

How long may a child served by the department remain in out-of-home placement before a court hearing is held?

Within seventy-two hours after a child enters care, a shelter care hearing must be held. Saturdays, Sundays and holidays are excluded in the seventy-two-hour requirement. A court order must be obtained to keep a child in shelter care for longer than thirty days.
[WSR 18-14-078, recodified as § 110-50-0271, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0040, filed 3/30/01, effective 4/30/01.]



PDF110-50-0272

What are the training requirements for licensed foster parents?

See chapter 388-148 WAC for required training for licensed foster parents.
[WSR 18-14-078, recodified as § 110-50-0272, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0390, filed 3/30/01, effective 4/30/01.]



PDF110-50-0273

Gifts, bequests by will, and contributions.

(1) The department may accept a gift, bequest, or contributions in cash, or otherwise, from an association or corporation.
(2) The department shall not accept a gift or contribution from a person applying for, or receiving, public assistance.
(3) The department shall not advise any person desiring information or assistance regarding the preparation of a will. The department shall advise the person to contact an attorney, or the local legal aid society.
[WSR 18-14-078, recodified as § 110-50-0273, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 94-10-065 (Order 3732), § 388-200-1250, filed 5/3/94, effective 6/3/94.]



PDF110-50-0280

What is the parents' obligation to support their child in foster care?

Parents of children in foster care must provide financial support for their child in accordance with rules contained in chapter 388-14A WAC.
[WSR 18-14-078, recodified as § 110-50-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0215, filed 3/30/01, effective 4/30/01.]



PDF110-50-0290

Who has authority to recommend or negotiate amounts for parental participation in the cost of foster care?

(1) The department's division of child support determines the amount of parental financial support, except when stated in a superior court order. Chapter 74.20A RCW and chapter 388-14A WAC provide the authority and procedures for the division of child support to collect financial support from the parent to pay for a child in foster care.
(2) Only the division of child support may recommend to the court, on behalf of the department, to establish, raise, lower, release, or forgive support payments for a child placed in foster care. No other agency or staff may make agreements with parent(s) or their representatives regarding this matter.
[WSR 18-14-078, recodified as § 110-50-0290, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0220, filed 3/30/01, effective 4/30/01.]



PDF110-50-0300

What cases must be referred to the division of child support (DCS)?

Each case where the department participates in the payment of foster care must be referred to the division of child support, except when:
(1) Collection would not be cost effective, including placements of seventy-two hours or less;
(2) Collection is exempt by law; or
(3) A child with developmental disabilities is eligible for admission to or discharged from a residential habilitation center as defined by RCW 71A.10.020(8), unless the child is placed as a result of an action taken under chapter 13.34 RCW.
[WSR 18-14-078, recodified as § 110-50-0300, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0225, filed 3/1/05, effective 4/1/05. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0225, filed 3/30/01, effective 4/30/01.]



PDF110-50-0310

Does children's administration refer foster care cases to the division of child support where good cause exists?

The children's administration must refer to the division of child support foster care cases in which sufficient good cause exists to not pursue collection or establish support or paternity.
[WSR 18-14-078, recodified as § 110-50-0310, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0226, filed 3/1/05, effective 4/1/05.]



PDF110-50-0320

What constitutes good cause for not pursuing the collection or establishment of child support or paternity?

Children's administration uses the following criteria to determine whether sufficient good cause exists for requesting that DCS not pursue collection or establish child support or paternity on foster care cases:
(1) It is not in the child's best interest;
(2) The parent or other legally obligated person, or the parent or other person's child, spouse, or spouse's child was the victim of the offense for which the child was committed to the custody of the juvenile rehabilitation administration (JRA) and the child is being placed directly into foster care from a JRA facility until this placement episode closes;
(3) Adoption proceedings for the child are pending in court or the custodial parent is being helped by a private or public agency to decide if the child will be placed for adoption;
(4) The child was conceived as a result of incest or rape and establishing paternity would not be in the child's best interest;
(5) The juvenile or tribal court in the dependency proceeding finds that the parents will be unable to comply with an agreed reunification plan with the child due to the financial hardship caused by paying child support. The social worker also may determine that financial hardship caused by paying child support will delay or prevent family reunification; or
(6) The custodial parent and/or the child may be placed in danger as a result of the presence of or potential for domestic abuse perpetrated by the person that the division of child support would be pursuing for collection action.
[WSR 18-14-078, recodified as § 110-50-0320, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0227, filed 3/1/05, effective 4/1/05.]



PDF110-50-0330

Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?

If children's administration determines that there is good cause the division of child support does not pursue collection or establish support or paternity on a foster care case.
[WSR 18-14-078, recodified as § 110-50-0330, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0228, filed 3/1/05, effective 4/1/05.]



PDF110-50-0340

Who may request a good cause determination?

The department or a parent, including an adoptive parent or legal guardian, may initiate a request for good cause determination at any time.
[WSR 18-14-078, recodified as § 110-50-0340, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0229, filed 3/1/05, effective 4/1/05.]



PDF110-50-0350

When may a good cause determination be requested?

A request for determination of good cause may be made at any time.
[WSR 18-14-078, recodified as § 110-50-0350, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0231, filed 3/1/05, effective 4/1/05.]



PDF110-50-0360

To whom must parents send child support payments for their child in foster care?

The parents must make all payments for the benefit of the child and/or the costs for a child in out-of-home care to the division of child support, unless a court order directs payment through a clerk of the court. A clerk of the court must send payments, under a court order, to the division of child support.
[WSR 18-14-078, recodified as § 110-50-0360, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0235, filed 3/30/01, effective 4/30/01.]



PDF110-50-0370

Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?

(1) The department must advise any person or agency having custody of the child that court ordered child support payments are to be received by the department under RCW 74.20A.030 and 74.20A.250.
(2) The person or agency having custody must acknowledge this transferred right to the department by execution of an assignment of judgment and limited power of attorney, which must remain in effect as long as the child receives foster care assistance.
[WSR 18-14-078, recodified as § 110-50-0370, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0240, filed 3/30/01, effective 4/30/01.]



PDF110-50-0400

What kinds of financial support are available to licensed foster care providers?

In addition to medical assistance and other services that may be provided to meet the specific needs of a foster child, the department provides licensed foster parents with a monthly foster care maintenance payment. This payment is for the benefit of the child.
[WSR 18-14-078, recodified as § 110-50-0400, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0001, filed 7/28/09, effective 8/28/09.]



PDF110-50-0410

What is the purpose of the foster care maintenance payment?

The purpose of the foster care maintenance payment is to assist licensed foster parents in meeting the needs of their foster child. A basic rate payment (level 1) is paid to all foster parents to help cover the cost of food, clothing, shelter, and personal incidentals. In addition, there are three levels of supplemental payments (levels 2, 3 and 4) which are paid to foster parents who care for children with varying degrees of physical, mental, behavioral or emotional conditions that require increased effort, care or supervision that are above the needs of a typically developing child.
[WSR 18-14-078, recodified as § 110-50-0410, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0003, filed 7/28/09, effective 8/28/09.]



PDF110-50-0420

What is the legal basis for the foster care program?

RCW 74.13.020 authorizes the department to provide foster care placement services.
[WSR 18-14-078, recodified as § 110-50-0420, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0005, filed 3/30/01, effective 4/30/01.]



PDF110-50-0430

What definitions apply to the foster care program?

The following definitions are important:
"Alcohol affected infant" means a child age birth through twelve months who was exposed to alcohol in utero and may demonstrate physical, behavioral, or cognitive signs that may be attributed to alcohol exposure.
"Behavior rehabilitation services" (BRS) is a comprehensive program of positive behavioral support and environmental structure in a supervised group or family living setting. Resources are designed to modify a child's behavior or to appropriately care for a child's intensive medical condition. Services are tailored to each client's needs and offered in the least restrictive setting possible.
"Child placing agency" means a private licensed or certified agency that places a child or children for temporary care, continued care, or for adoption.
"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.
"Crisis residential center" (CRC) means a secure or semi-secure facility established under chapter 74.13 RCW.
"Department" means the department of social and health services (DSHS).
"Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.
"Division of children and family services" (DCFS) is the division of children's administration that provides child welfare, child protective, family reconciliation, and support services to children in need of protection and their families.
"Division of licensed resources" (DLR) is the division of children's administration responsible for licensing or certifying child care homes and facilities under the authority of chapter 74.15 RCW.
"Drug affected infant" means a child age birth through twelve months who was exposed to drugs or substances in utero and demonstrates physical, behavioral, or cognitive signs that can be attributed to exposure to drugs or substances.
"Early and periodic screening, diagnosis and treatment" (EPSDT), also known as "healthy kids," is a federal program for preventive health care for children and teens served by medicaid. The physical/well child examination helps find health problems early and enables the child to receive treatment for concerns identified in the examination.
"Foster care" means twenty-four-hour per day temporary substitute care for the child placed away from the child's parents or guardians and for whom the department or a licensed or certified child placing agency has placement and care responsibility. This includes but is not limited to placements in foster family homes, foster homes of relatives, licensed group homes, emergency shelters, staffed residential facilities, and preadoptive homes, regardless of whether the department licenses the home or facility and/or makes payments for care of the child.
"Foster care services" for the department include:
(1) The determination of needs of the child;
(2) The determination of need for foster care;
(3) The placement of the child in the type of foster care setting that best meets the child's needs;
(4) The referral of a child to a private child placement agency or institution to meet the child's specific needs;
(5) Medical services according to the rules of the department's medical program;
(6) Reimbursement for the care of a child in a licensed family foster home;
(7) The purchase of care from a licensed private child placing agency, behavioral rehabilitation services provider, or maternity home;
(8) Supervision of the foster care placement by direct supervision through departmental social work services; or indirect supervision through evaluation of periodic reports from private child placing agencies, rehabilitation services providers, or maternity homes with which the department has contractual arrangements.
"Foster home or foster family home" means person(s) regularly providing care on a twenty-four-hour basis to one or more children in the person's home.
"Group care" means a twenty-four-hour facility licensed or certified under chapter 388-148 WAC for more than six children. The facility provides the basic needs for food, shelter, and supervision. The facility also provides therapeutic services required for the successful reunification of children with the children's family resource or the achievement of an alternate permanent living arrangement.
"Independent living services" means the program services and activities established and implemented by the department to assist youth sixteen years or older in preparing to live on their own after leaving foster care.
"Overpayment" means any money paid by the department for services or goods not rendered, delivered, or authorized or where the department paid too much for services or goods or services rendered, delivered, or authorized.
"Regional support network" is an administrative body which oversees the funding for provision of public mental health services.
"Relative" means a person who is related as defined in RCW 74.15.020 (2)(a).
"Responsible parent" means a birth parent, adoptive parent, or stepparent of a dependent child or a person who has signed an affidavit acknowledging paternity that has been filed with the state office of vital statistics.
"Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, lives outdoors or in another unsafe location not intended for use as housing.
"Staffed residential home" means a licensed home providing twenty-four-hour care for six or fewer children or expectant mothers. The home may employ staff to care for children or expectant mothers.
"Shelter care" means the legal status of a child at entry in foster care prior to a disposition hearing before the court.
"Vendor" means an individual or corporation that provides goods or services to or for clients of the department and that controls operational decisions.
[WSR 18-14-078, recodified as § 110-50-0430, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0010, filed 3/30/01, effective 4/30/01.]



PDF110-50-0440

What method does the department use to determine what foster care rate will be paid for a foster child?

The department uses a standardized assessment tool, the foster care rate assessment, to determine the foster care rate that will be paid on behalf of the child. The tool assesses the needs of the child and the foster parent's ability and time required to meet those needs.
[WSR 18-14-078, recodified as § 110-50-0440, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0011, filed 7/28/09, effective 8/28/09.]



PDF110-50-0450

What are the essential features of the foster care rate assessment system?

The foster care rate assessment system includes the following essential features:
(1) Foster care maintenance payments are based on foster parent time and the nature of activities needed to meet the needs of the child.
(2) A standardized assessment tool is used for all children.
(3) The assessment tool is completed jointly by foster parent and social worker or a rate assessment specialist.
(4) Assessments are updated periodically, in accordance with WAC 388-25-0032.
(5) The assessment process is automated.
[WSR 18-14-078, recodified as § 110-50-0450, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0016, filed 7/28/09, effective 8/28/09.]



PDF110-50-0460

How does the foster care rate assessment work?

The foster care rate assessment is a two-step process that includes the participation of the child's foster parent.
(1) Step one: The child's social worker or designated rate assessment specialist will meet with the foster parent in person or telephonically to jointly complete the standardized assessment form.
(2) Step two: After step one has been completed, the child's social worker or designated rate assessment specialist enters the information from the assessment into the computer and, based on the responses to the questions in the standardized assessment, the rate assessment software program automatically calculates the foster care rate that will be paid on behalf of the child.
[WSR 18-14-078, recodified as § 110-50-0460, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0022, filed 7/28/09, effective 8/28/09.]



PDF110-50-0470

When may the department or a child placing agency authorize foster care placement?

The department or a child placing agency may place a child in foster care only under the following circumstances:
(1) The child has been placed in temporary residential care after having been taken into custody under chapter 13.32A RCW, Family Reconciliation Act, to alleviate personal or family situations that present an imminent threat to the health or stability of the child or family.
(2) The child, the child's parent(s), or the department has filed a petition requesting out-of-home placement for the child pursuant to RCW 13.32A.120 or 13.32A.140:
(a) Placement has been approved after a fact finding hearing under RCW 13.32A.170; or
(b) A child has been admitted directly to placement in a crisis residential center (CRC), and the parents have been notified of the child's whereabouts, physical and emotional condition, and the circumstances surrounding the child's placement.
(3) A child has been placed in shelter care under one of the following circumstances:
(a) The child has been taken into custody by law enforcement or through a hospital administrative hold and placed in shelter care; or
(b) A petition has been filed with the juvenile court alleging that the child is dependent; that the child's health, safety, and welfare will be seriously endangered if not taken into custody; and the juvenile court enters an order placing the child in shelter care (see RCW 13.34.050 and 13.34.060).
(4) A juvenile court has made a determination of dependency for a child and has issued a disposition order under RCW 13.34.130 that removes the child from the child's home.
(5) A juvenile court has terminated the parent and child relationship as provided in chapter 13.34 RCW and has placed the custody of the child with the department or with a licensed or certified child placing agency.
(6) The child's parent(s) or persons legally responsible to sign a consent for voluntary placement that demonstrates agreement with an out-of-home placement as described in RCW 74.13.031.
[WSR 18-14-078, recodified as § 110-50-0470, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0025, filed 3/30/01, effective 4/30/01.]



PDF110-50-0480

What factors are considered in the foster care rate assessment?

The assessment tool considers the average number of hours, beyond those expected for a typically developing child of the same age, the foster parent spends in:
(1) Caring and/or advocating for the child to meet the child's physical and behavioral needs;
(2) Participating in parenting activities related to the child's physical or emotional/behavioral therapeutic plan;
(3) Engaging in parenting activities related to supervising and supporting the educational needs of the child;
(4) Participating in parenting activities related to scheduling, arranging, and supervising activities, such as medical and dental appointments for the child, visits between the child and his or her parents and/or siblings, or other school or recreational activities;
(5) Repairing, cleaning or replacing household items, over and above normal repair, due to the child's chronic physical problems or destructive behavior; and
(6) Preparing the child to transition back to the child's parents or to an adoptive or other foster care placement.
[WSR 18-14-078, recodified as § 110-50-0480, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0027, filed 7/28/09, effective 8/28/09.]



PDF110-50-0490

How often do the foster parent and caseworker meet to complete the rate assessment?

The caseworker or designated rate assessment specialist will meet with the foster parent in person or telephonically to complete the assessment:
(1) Within thirty days of the child's placement in the foster parent's home;
(2) At least every six months after the first assessment, except under limited circumstances that serve the best interests of the child; and
(3) When there is a significant change in circumstances for the child or in the foster parent's ability or time required to meet the child's needs.
[Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0490, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0490, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0032, filed 7/28/09, effective 8/28/09.]



PDF110-50-0500

What are the reimbursement levels?

The amount of foster care maintenance payments may change slightly from year to year. A basic rate payment (level 1) is paid to all foster parents to help cover the cost of food, clothing, shelter, and personal incidentals. In addition, there are three levels of supplemental payments that are paid to foster parents who care for children with varying degrees of physical, mental, behavioral, emotional and/or intellectual conditions that require increased effort, care or supervision. The levels of payments are as follows:
(1) Level 1: Children assessed at this level receive the basic foster care maintenance rate. The payment is based on the time typically spent by a foster parent to meet the needs of a child, who is developing comparably to children in the same age range. The payments are based on three age categories: birth to five years old, six to eleven years old, and twelve to eighteen years old.
(2) Level 2: Children assessed at this level require the foster parent's increased attention, time and supervision, beyond that required to meet the child's basic or routine needs, to address specific physical, mental, behavioral, emotional and/or intellectual challenges.
(3) Levels 3 and 4: Children assessed at these levels have the highest needs for attention and care. These children require significantly more time from the foster parent because of the severity of their issues. These children often will be participating in more than one treatment program, and may need to participate in treatment in the foster parent's home. A child assessed at level 3 or 4 may have serious medical, behavioral or psychiatric issues or behaviors that require a safety plan.
[WSR 18-14-078, recodified as § 110-50-0500, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0037, filed 7/28/09, effective 8/28/09.]



PDF110-50-0510

Can the child be assessed at a different level, depending on the foster home?

The assessment is based on both the child's needs and the foster parent's ability and time required to meet those needs. It is possible that a child would be assessed at a different rate in one home than in another, depending on the foster parent's abilities or circumstances as well as the resources and support services available to the child and foster family.
[WSR 18-14-078, recodified as § 110-50-0510, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0042, filed 7/28/09, effective 8/28/09.]



PDF110-50-0520

Can the assessment change if the child's needs change?

The child will always receive at least the basic rate (level 1) for the child's age category. However, the child may be assessed at level 2, 3, or 4, as the child's needs change or the circumstances of the foster parents change.
For example: In cases where the child's needs decrease or the time required of the foster parent to meet the child's needs decreases, the standardized assessment may assess the child at a lower rate. For example, on a reassessment a child might be assessed at level 2, when the child's previous rate had been at level 3. In cases where the child's needs or the demands on the foster parent increase, the standardized assessment may assess the child at a higher level.
[WSR 18-14-078, recodified as § 110-50-0520, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0047, filed 7/28/09, effective 8/28/09.]



PDF110-50-0530

How will the foster parent be notified of the rate the child will receive?

The foster parent will receive a written letter and payment plan, generated by the department's foster care rate assessment computer program, which will notify the foster parent of
(1) The amount of the monthly foster care maintenance payment that will be paid on behalf of the child;
(2) The right to review of the assessment and;
(3) How to exercise the right of review.
[WSR 18-14-078, recodified as § 110-50-0530, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0052, filed 7/28/09, effective 8/28/09.]



PDF110-50-0540

Can a foster parent challenge the rate assessment?

A foster parent, acting on behalf of the foster child, may request a review of the rate assessment for the child.
[WSR 18-14-078, recodified as § 110-50-0540, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0057, filed 7/28/09, effective 8/28/09.]



PDF110-50-0550

How does a foster parent seek a department review of the rate assessment?

(1) The foster parent must make a written request for department review of the assessment.
(2) The request must be received by the department within twenty calendar days of the date of the letter informing the foster parent of the rate assessed for the child. If a request is not made within twenty days, the department will not review the assessment.
(3) The request must include a statement explaining why the foster parent believes the assessed rate is incorrect. The foster parent may provide additional information relevant to the questions asked on the foster care rate assessment standardized form.
(4) The request must be sent to the individual and address identified in the letter informing the foster parent of the rate assessed for the child.
[Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0550, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0550, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0062, filed 7/28/09, effective 8/28/09.]



PDF110-50-0560

What does the department consider in reviewing the request?

(1) The review will be conducted by department management level staff, or designee who has not previously administered the rate assessment tool for the foster parent requesting review.
(2) The review will be conducted within ten days of receiving the request for review.
(3) The reviewer will consider:
(a) Whether the foster parent and the caseworker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;
(b) Whether the information obtained through the conversation between the caseworker or rate assessment specialist and the foster parent was accurately recorded on the form;
(c) Whether any additional information provided by the foster parent, as authorized in WAC 110-50-0550(3) is relevant to the automated assessment;
(d) Whether the information was accurately entered into the computer program; and
(e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.
(4) The department will not consider information about the child or the foster family that is outside the standardized assessment form and will not alter the computerized calculation that is based on a properly completed form.
[Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0560, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0560, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0067, filed 7/28/09, effective 8/28/09.]



PDF110-50-0570

How does the foster parent learn about the department's decision on review?

(1) The department will send the foster parent a written letter notifying the foster parent that the department either:
(a) Upholds the rate assessment; or
(b) Agrees the rate was wrongly calculated and adjusts the rate to the proper level.
(2) If the department upholds the rate assessment, the notice will provide information about further review.
[WSR 18-14-078, recodified as § 110-50-0570, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0072, filed 7/28/09, effective 8/28/09.]



PDF110-50-0580

To whom does the department make payment for foster care?

(1) The department makes foster care payments only to persons and agencies the department has appropriately licensed and approved, or, if not subject to licensing, the department has certified as meeting the department's licensing requirements, or:
(a) If in another state, persons or agencies meeting the requirements of that state; or
(b) If in a tribal program, persons or agencies meeting the requirements of that tribal program.
(2) The department makes payment for out-of-state foster care placements only after approval from the two state offices involved (see WAC 388-25-0440).
(3) The department may make foster care payments to licensed or certified foster parents and to persons granted dependency guardianship, if the dependency guardians are licensed or certified as foster parents (see RCW 13.34.234).
[WSR 18-14-078, recodified as § 110-50-0580, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0075, filed 3/30/01, effective 4/30/01.]



PDF110-50-0590

How does the foster parent appeal the department's decision on review?

(1) If the department upholds the rate assessment on review, the foster parent has the right to further challenge the assessment by timely requesting an administrative hearing.
(2) The request must be in writing and sent to the office of administrative hearings (OAH). WAC 388-02-0025 lists the current addresses for OAH.
(3) The request must be received by OAH within twenty days from the date of the letter notifying the foster parent of the department's decision on review.
(4) Foster care providers and recipients of foster care funds do not have a right to request an administrative hearing to challenge or dispute the established rates of the foster care program or to challenge the foster care rate assessment standardized form or program.
[WSR 18-14-078, recodified as § 110-50-0590, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0077, filed 7/28/09, effective 8/28/09.]



PDF110-50-0600

What law and rules govern the administrative law judge?

Chapter 34.05 RCW, chapter 388-02 WAC, and the sections of this chapter relating to foster care rate assessments govern any administrative hearing to review a child's foster care rate assessment. In the event of a conflict between the provisions of this chapter and chapter 388-02 WAC, the provisions of this chapter prevail.
[WSR 18-14-078, recodified as § 110-50-0600, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0082, filed 7/28/09, effective 8/28/09.]



PDF110-50-0610

What issues may be decided by the administrative law judge?

(1) The administrative law judge (ALJ) will consider only:
(a) Whether the foster parent and the social worker or designated rate assessment specialist met in person or telephonically to jointly complete the standardized assessment form;
(b) Whether the information obtained in the meeting between the social worker or rate assessment specialist and foster parent was accurately recorded on the form;
(c) Whether additional information provided by the foster parent on review to the department was accurately recorded on the form, if applicable;
(d) Whether the information was accurately entered into the computer program; and
(e) Whether the computer program was properly functioning in calculating the rate and providing the written report of the assessment.
(2) The ALJ must not consider information about the child or the foster family that is outside the standardized assessment form or that was not provided to the department at the time of the assessment or at the time of the department's review of the assessment.
(3) The ALJ must not make a determination that conflicts with a properly completed standardized foster care rate assessment.
(4) The ALJ must not consider a challenge to the department's established foster care rates or to the foster care rate assessment standardized form or program.
[WSR 18-14-078, recodified as § 110-50-0610, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0087, filed 7/28/09, effective 8/28/09.]



PDF110-50-0620

What are the department's expectations for foster care providers to whom the department makes reimbursement for services?

(1) Foster care providers are responsible for:
(a) Protecting and nurturing children in a safe, healthy environment that provides positive support and supervision for the child in care;
(b) Taking the child to a physician or nurse practitioner to complete an EPSDT (early and periodic screening, diagnosis and treatment) examination. EPSDT exams must be scheduled within one month of initial placement and annually thereafter.
(c) Reporting to the social worker the fact that an EPSDT examination took place and if the examination showed that further treatment is needed.
(d) Observing and sharing information about the child's behavior, school and medical status, response to parental visits, and the child's growth and development with persons designated by the assigned CA social worker (see chapter 388-148 WAC).
(e) Meeting the developmental needs of the child by:
(i) Teaching age appropriate skills;
(ii) Supporting cultural identity;
(iii) Helping the child attach to caring adults;
(iv) Building self esteem;
(v) Encouraging and modeling positive social relationships and responsibilities;
(vi) Supporting intellectual and educational growth;
(f) Supporting the permanent plan for the child;
(g) Participating as a member of the child's treatment team by taking part in the development of the service plan for the child and providing relevant information about the child's progress for court hearings;
(h) Providing assistance to the social worker, when working with the biological parents is part of the service plan, by assisting in family visitation and modeling effective parenting behavior for the family.
(2) Therapeutic foster care and rehabilitative service providers are responsible for additional therapeutic services as defined in their service agreements or contracts with the department.
[WSR 18-14-078, recodified as § 110-50-0620, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0090, filed 3/30/01, effective 4/30/01.]



PDF110-50-0630

What are the department's responsibilities regarding financial assistance to support children in the department's foster homes and child placing agency foster homes?

(1) The department pays only for placements and plans the department has approved.
(2) The department has final responsibility for determining initial and ongoing eligibility for financial support.
(3) The department maintains control and oversight of placements and payments through written agreements with the child placing agencies, quarterly reports, and planning meetings with the agency or facility.
[WSR 18-14-078, recodified as § 110-50-0630, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 18-07-062, § 388-25-0100, filed 3/15/18, effective 4/15/18; WSR 01-08-047, § 388-25-0100, filed 3/30/01, effective 4/30/01.]



PDF110-50-0640

What is the effective date for payment of foster care?

(1) The department begins foster care payment for a child on the date the department or its authorized designee places the child in the licensed foster home.
(2) The department pays for each night a child resides in foster care.
[WSR 18-14-078, recodified as § 110-50-0640, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0105, filed 3/30/01, effective 4/30/01.]



PDF110-50-0650

What is the beginning date for payment of foster care?

(1) The department begins foster care payment for a child on the date the department or its authorized designee places the child in the licensed foster home.
(2) The department pays for each night a child resides in foster care.
[WSR 18-14-078, recodified as § 110-50-0650, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0107, filed 7/28/09, effective 8/28/09.]



PDF110-50-0660

What is the effective date for termination of foster care payments?

(1) The department ends payment on the day before the child actually leaves the foster home or facility. The department does not pay for the last day that a child is in a foster care home or facility.
(2) The department terminates family foster care payments for children in family foster care effective the date:
(a) The child no longer needs foster care;
(b) The child no longer resides in foster care;
(c) The child reaches the age of eighteen;
(d) The child is no longer eligible for the extended foster care program and the dependency action is dismissed or voluntary placement agreement (VPA) is revoked. To be eligible for the extended foster care program a child, age eighteen must be:
(i) Completing a high school diploma or high school equivalency certificate;
(ii) Completing a post-secondary academic or vocational program;
(iii) Participating in a program or activity designed to promote employment or remove barriers to employment;
(iv) Employed for eighty hours or more per month; or
(v) Unable to engage in subsections (2)(d)(i) through (2)(d)(iv) of this section due to a documented medical condition.
(3) The department must terminate foster care payments for children in the behavior rehabilitative services program effective the date:
(a) The child no longer needs rehabilitative services;
(b) The child is no longer served through contracted rehabilitative services program except as provided in WAC 388-25-0030; or
(c) The child reaches the age of eighteen and continues to attend, but has not finished, high school or an equivalent educational program and has a need for continued rehabilitative treatment services, the department may continue payments until the date the youth completes the high school program or equivalent educational or vocational program. The department must not extend payments for a youth in care beyond age twenty.
[WSR 18-14-078, recodified as § 110-50-0660, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, and 13.34.030. WSR 16-14-065, § 388-25-0110, filed 6/30/16, effective 7/31/16; WSR 14-13-051, § 388-25-0110, filed 6/12/14, effective 7/13/14. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0110, filed 3/25/13, effective 4/25/13. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0110, filed 3/30/01, effective 4/30/01.]



PDF110-50-0670

What are the department's general standards for family foster care reimbursement?

(1) The standards of payment explained in WAC 388-25-0120 through 388-25-0215 are the basis for the reimbursement rates the department provides for care of children placed in licensed foster care under the department's direct supervision and those children under the supervision of child placing agencies.
(2) The CA social worker must determine the payment plan for all types of family foster care through a review of the needs and resources of each child and the activities of the foster parent which meet those needs.
(3) The CA social worker must discuss any plan above the basic foster care rate with the foster parent so that the foster parent knows:
(a) The basis for payment;
(b) Any increased expectations of the foster parent for service delivery or participation in the case plan for the child; and
(c) The amount included for each item of the child's care.
[WSR 18-14-078, recodified as § 110-50-0670, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0115, filed 3/30/01, effective 4/30/01.]



PDF110-50-0680

When may the department authorize a clothing allowance for a child in out-of-home care?

When the department or a contracted child placing agency places a child in foster care or, at other times, the social worker may authorize a clothing allowance to supplement a child's clothing supply, when necessary. This allowance may not exceed two hundred dollars unless authorized by the DCFS regional administrator or the regional administrator's designee. The allowance must be based on the needs of the child and be provided within available funds. Clothing purchased becomes the property of the child and will be sent with the child if placement changes.
[WSR 18-14-078, recodified as § 110-50-0680, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0125, filed 3/30/01, effective 4/30/01.]



PDF110-50-0690

May the department consider foster care payments to the foster family in determining eligibility for public assistance?

When the department or a child placing agency places a child in foster care with a family receiving public assistance under 42 U.S.C. 601, et seq., the department must not consider payment received by the family for the foster child in determining the family's eligibility for public assistance. The department makes payments, including special or exceptional payments, for the child's board, clothing and personal incidentals.
[WSR 18-14-078, recodified as § 110-50-0690, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0185, filed 3/30/01, effective 4/30/01.]



PDF110-50-0700

What are the department's standards for making foster care payment to a relative providing care to the child served by department?

(1) A relative caregiver, licensed or certified as a family foster home under chapter 74.15 RCW and eligible for temporary assistance for needy families (TANF) in behalf of the child, may select either foster care or TANF payments in behalf of the child, but not both.
(2) A relative caretaker who is not related to the specified degree defined in RCW 74.15.020 by blood, marriage, or legal adoption may receive foster care payments in behalf of the child if licensed as a foster family home under chapter 74.15 RCW.
(3) A relative caretaker who is not licensed or certified for foster care may apply for TANF.
[WSR 18-14-078, recodified as § 110-50-0700, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0190, filed 3/30/01, effective 4/30/01.]



PDF110-50-0710

How does the department make reimbursement for foster care for a child served by the department who moves out-of-state with the foster family?

When the foster family moves to another state, the department must arrange with the other state or local social service agency to license and supervise the home and the placement (see chapter 26.34 RCW).
After receiving a copy of the foster family home license from the other state, the DCFS supervising social worker authorizes payment.
[WSR 18-14-078, recodified as § 110-50-0710, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0195, filed 7/28/09, effective 8/28/09. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0195, filed 3/30/01, effective 4/30/01.]



PDF110-50-0720

What payment procedures must the department follow for children placed across state borders?

(1) When DCYF places a child with a placement residing and licensed in another state, the DCYF caseworker must obtain the reimbursement rates from that state and DCYF will reimburse at that state's rates. If approved by the regional administrator or the regional administrator's designee, DCYF may reimburse an out-of-state foster care placement at Washington state rates if paying the Washington state rates is in the best interests of the child.
(2) The department's interstate compact on placement of children (ICPC) program manager must approve out-of-state placement before the department makes reimbursement for foster care.
[Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0720, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0720, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0200, filed 7/28/09, effective 8/28/09. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0200, filed 3/30/01, effective 4/30/01.]



PDF110-50-0730

What limitations exist on administrative hearings regarding foster care payments?

The foster care provider, the licensed or certified child placement or care agency, and the parents are not entitled to request an administrative hearing to dispute established rates. Chapters 34.05 and 43.20A RCW, chapters 388-01 and 388-148 WAC, and this chapter provide specific rights to administrative hearings.
[WSR 18-14-078, recodified as § 110-50-0730, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0250, filed 3/30/01, effective 4/30/01.]



PDF110-50-0740

What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?

(1) RCW 43.20B.675 provides that all vendors have the right to request a hearing if they have a bona fide overpayment dispute. The department must offer a prehearing conference to all clients and vendors that request an administrative hearing.
(2) Contracted and noncontracted service providers may seek dispute resolution through these rules, under the Administrative Procedure Act and RCW 43.20B.675, with respect to overpayments. However, the following limitations apply:
(a) The right of vendors to seek an administrative hearing to contest alleged overpayments applies only to overpayments for goods or services provided on or after July 1, 1998.
(b) These procedures do not create a right to a hearing where no dispute right previously existed except as provided in RCW 43.20B.675.
(c) These rules limit disputes for foster family and child day care providers to alleged overpayments. Homes and facilities licensed under chapter 74.15 RCW may appeal adverse licensing actions under the provisions of chapter 388-148 or 388-155 WAC, as applicable.
[WSR 18-14-078, recodified as § 110-50-0740, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0255, filed 3/30/01, effective 4/30/01.]



PDF110-50-0750

Do vendor overpayment rules in this chapter also apply to adoptive parents?

Adoptive parents who receive assistance through the adoption support program are not vendors within the meaning of the law and do not fall within the scope of this chapter.
[WSR 18-14-078, recodified as § 110-50-0750, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0260, filed 3/30/01, effective 4/30/01.]



PDF110-50-0760

Are there time limitations on identifying and recovering an overpayment?

There is no time limit on identifying and initiating recovery of overpayments.
[WSR 18-14-078, recodified as § 110-50-0760, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0265, filed 3/30/01, effective 4/30/01.]



PDF110-50-0770

May overpayments be waived or forgiven?

Children's administration employees do not have authority to forgive or waive overpayments nor to offset overpayments from future payments. All such authority rests with the department's office of financial recovery (OFR). Designated CA staff may mediate a disputed payment with the vendor, but final approval for any negotiated proposed settlement rests with OFR.
[WSR 18-14-078, recodified as § 110-50-0770, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0270, filed 3/30/01, effective 4/30/01.]



PDF110-50-0780

Do other governmental organizations have the right to an adjudicative hearing?

Governmental organizations, including Indian Tribes, with an interlocal agreement with the department do not have the right to an adjudicative hearing through the office of administrative hearings (OAH). The disputes process described in the agreement between the entity and the department governs the resolution process.
[WSR 18-14-078, recodified as § 110-50-0780, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0275, filed 3/30/01, effective 4/30/01.]



PDF110-50-0790

What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?

A provider or vendor must follow the procedure indicated on the department's Vendor Overpayment Notice, DSHS 18-398A(X), dated 07/1998.
[WSR 18-14-078, recodified as § 110-50-0790, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0280, filed 3/30/01, effective 4/30/01.]



PDF110-50-0800

When is payment due on an overpayment?

When a vendor files a timely and complete request for an administrative hearing, payment on the overpayment is not due on the amount contested until the office of administrative hearings or its designee makes a final decision about the vendor's liability and any amount due.
[WSR 18-14-078, recodified as § 110-50-0800, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0285, filed 3/30/01, effective 4/30/01.]



PDF110-50-0810

Who establishes guidelines to identify overpayments and to mediate overpayment disputes?

(1) Each DCFS regional administrator, division of licensed resources (DLR) regional manager, or CA division director, as applicable, must establish procedures to provide for consistency in the handling of provider or vendor disputes in accordance with the children's administration prehearing procedures and this chapter.
(2) Staff at the following organizational levels will handle disputes:
(a) The DCFS regional administrator is responsible for the dispute resolution process for:
(i) All payments authorized by local office social workers;
(ii) All payments authorized under regionally managed contracts and service agreements.
(b) Regional staff are responsible for the following activities to resolve disputes:
(i) Prehearing conferences;
(ii) Mediation activities;
(iii) Administrative hearings for payments authorized in local offices; and
(iv) Administrative hearings for regionally managed contracts.
(c) For CA child care subsidy program payment disputes, DLR office of child care policy (OCCP) headquarters staff is responsible for:
(i) Prehearing conferences;
(ii) Mediation activities; and
(iii) Administrative hearings.
(d) Assigned CA division of program and policy development or office of foster care licensing (OFCL) headquarters staff, as applicable, will handle disputes arising from headquarters-managed contracts and service agreements. These staff will handle:
(i) Prehearing conferences;
(ii) Mediation activities; and
(iii) Administrative hearings.
[WSR 18-14-078, recodified as § 110-50-0810, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0295, filed 3/30/01, effective 4/30/01.]



PDF110-50-0900

What is the foster parent liability fund?

(1) The foster parent liability fund authorized under RCW 74.14B.080 allows for insurance coverage for foster parents licensed under chapter 74.15 RCW. The coverage includes personal injury and property damage caused by foster parents or foster children that occurred while the children were in foster care.
(2) Such insurance covers acts of ordinary negligence but does not cover illegal conduct or bad faith acts taken by foster parents in providing foster care. Moneys paid from liability insurance for any claim are limited to the amount by which the claim exceeds the amount available to the claimant from any valid and collectible liability insurance.
[WSR 18-14-078, recodified as § 110-50-0900, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0300, filed 3/30/01, effective 4/30/01.]



PDF110-50-0910

What is the period of coverage for foster parent liability fund?

Coverage under the foster parent liability fund is for valid claims arising out of occurrences on or after July 1, 1991.
[WSR 18-14-078, recodified as § 110-50-0910, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0305, filed 3/30/01, effective 4/30/01.]



PDF110-50-0920

Who is eligible for coverage under the foster parent liability fund?

A person eligible for foster parent liability fund coverage must be licensed or certified by the department or a child placing agency under chapter 74.15 RCW to provide foster family care.
[WSR 18-14-078, recodified as § 110-50-0920, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0310, filed 3/30/01, effective 4/30/01.]



PDF110-50-0930

What are the limits of coverage under the foster parent liability fund?

The limits of coverage under the foster parent liability are:
(1) Up to twenty-five thousand dollars per occurrence. "Occurrence" means, for purposes of this chapter, the incident which led to the claim.
(2) The claim must be for a third party personal injury or property damage arising from a foster parent's act or omission in the good faith provision of family foster care and supervision of a foster child.
(3) The department must not make a payment of claims from this liability fund if the foster parent is not liable to the third party or the foster child's birth or adoptive parent or guardian because of any:
(a) Immunities;
(b) Limitations; or
(c) Exclusions provided by law.
(4) The foster parent must, first, exhaust all monetary resources available from another valid and collectible liability insurance before seeking payment from this liability fund. Coverage under this foster parent liability fund must be in excess of any other available liability insurance.
[WSR 18-14-078, recodified as § 110-50-0930, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0315, filed 3/30/01, effective 4/30/01.]



PDF110-50-0940

The department excludes what claims from coverage under the foster parent liability fund?

The department excludes the following claims from coverage under the foster parent liability fund:
(1) Claims arising as a result of a foster parent's illegal conduct or bad faith acts in providing family foster care. Such conduct or act includes but is not limited to:
(a) Loss arising out of a dishonest, fraudulent, criminal, or intentional act or omission;
(b) Loss arising out of licentious, immoral, or sexual behavior;
(c) Loss occurring because the foster parent provided a foster child with an alcoholic beverage or controlled substance, other than medication prescribed for the foster child in the amounts prescribed by a physician or other licensed or authorized medical practitioner;
(d) A judgment against the foster parent based on alienation of affection.
(2) Claims based on an occurrence not arising from the family foster care relationship. This includes a foster child's act occurring while the child was temporarily assigned outside the jurisdiction of the foster parent.
(3) Claims for a bodily injury or property damage arising out of the operation or use of any motor vehicle, aircraft, or water craft owned by, operated by, rented to, or loaned to any foster parent; or
(4) Claims for an injury or damage from an occurrence before July 1, 1991.
[WSR 18-14-078, recodified as § 110-50-0940, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0320, filed 3/30/01, effective 4/30/01.]



PDF110-50-0950

What if there are multiple claims for one occurrence under the foster parent liability fund?

The twenty-five thousand dollar limitation per occurrence must apply regardless of whether there are multiple claims arising from the same occurrence. The department will consider a claim by one or more foster parents occupying the same household a single claim.
[WSR 18-14-078, recodified as § 110-50-0950, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0325, filed 3/30/01, effective 4/30/01.]



PDF110-50-0960

May another source be used to recover on the same claim paid by the liability fund?

(1) If the liability fund pays for a claim, the foster parent must transfer to the department the foster parent's rights of recovery against any person or organization against whom the foster parent may have a legal claim.
(2) The foster parent must sign and deliver to the department any documents necessary to transfer such foster parent's rights to the state.
[WSR 18-14-078, recodified as § 110-50-0960, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0330, filed 3/30/01, effective 4/30/01.]



PDF110-50-0970

What are the department's authority and the foster parent's responsibilities regarding investigation of claims?

(1) The department may conduct an investigation of any foster parent liability fund claim.
(2) The foster parent must fully cooperate with the department for any liability fund claims filed against the foster parent.
[WSR 18-14-078, recodified as § 110-50-0970, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0335, filed 3/30/01, effective 4/30/01.]



PDF110-50-1000

What are the department's responsibilities and limitations for reimbursement for damage or loss caused by a child in family foster care?

(1) Within available funds and subject to the conditions in this chapter, the department must reimburse family foster care providers who incur property damages, losses, and emergency medical treatment expenses that are caused by the foster child or respite care child during placement in the foster family's home.
(2) For occurrences on or after October 1, 1999, the department must reimburse the foster parent for the replacement value of any property covered under and subject to the limitations of this chapter (see RCW 74.13.335).
(3) For occurrences before October 1, 1999, the department will reimburse the depreciated value of any property covered under and subject to the limitations of the this chapter.
[WSR 18-14-078, recodified as § 110-50-1000, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0340, filed 3/30/01, effective 4/30/01.]



PDF110-50-1010

What are the eligibility requirements for reimbursements to foster parents for damages?

Foster parents are eligible for reimbursement if the foster parents are:
(1) Licensed by DSHS or certified by a child-placing agency and licensed by the department under chapter 74.15 RCW; and
(2) Providing approved DSHS-funded foster care to children in the care, custody, and supervision of DSHS or a licensed child placing agency; or
(3) Providing department-approved and funded respite care to children.
[WSR 18-14-078, recodified as § 110-50-1010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0345, filed 3/30/01, effective 4/30/01.]



PDF110-50-1020

What are the department's reimbursement limitations?

The following reimbursement limitations apply for claims:
(1) The PER OCCURRENCE/TOTAL amount the department will pay as the result of any one occurrence must not exceed:
(a) Five thousand dollars for all property damages and losses; or
(b) One thousand dollars for all personal bodily injuries regardless of the number of foster parents or their household members who sustain property damages, losses, or personal bodily injuries.
(2) PROPERTY DAMAGE ITEMS are limited to the repair/cleaning cost or the replacement value. The department pays replacement value if the item cannot be repaired or cleaned as substantiated by a detailed retailer estimate or if the repair cost goes over the replacement value of the item. The department may request the final repair bill from foster parents for payment made from estimates provided for purposes of recovery.
(3) PROPERTY LOSS ITEMS are limited to the replacement value as substantiated by the original purchase receipt, if available, and two replacement estimates or replacement purchase receipt.
(4) PERSONAL BODILY INJURY claims are limited to the costs incurred for receiving emergency medical treatment services that is not payable or required to be provided under workmen's compensation, or disability benefits law, or under any similar law, or provided under a personal/business medical plan.
(5) For POLICY DEDUCTIBLES, foster parents must disclose if their property damages or losses were paid or will be paid under their homeowner, automobile, or other personal/business insurance policy. The department will then limit reimbursement to the policy deductible.
(6) DENTAL EXPENSES are limited to costs not payable under a dental plan. The department will pay comparable replacement of dental appliances up to the maximum per occurrence.
(7) VISION EXPENSES are limited to costs not payable under a medical plan.
(8) LABOR EXPENSES are limited to out-of-pocket costs (materials), incurred by foster parents and substantiated by a retailer. Items requiring installation are to be considered reimbursable expense.
(9) VETERINARY EXPENSES are limited to initial treatment expense incurred immediately following an occurrence up to five hundred dollars. Initial treatment expense is defined as emergent care and diagnosis. The department pays replacement value for a property loss sustained not to exceed the substantiated value of the animal or maximum per occurrence, whichever is less.
[WSR 18-14-078, recodified as § 110-50-1020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0350, filed 3/30/01, effective 4/30/01.]



PDF110-50-1030

What types of claims are specifically excluded from reimbursement?

The department specifically excludes the following from reimbursement:
(1) Claims resulting from giving alcoholic beverage or other illegal substance, including tobacco products, to a foster child or respite care child for whatever reason.
(2) Claims resulting from violation of any statute, ordinance, or regulation by the foster child or respite care child.
(3) Claims resulting from failure of the foster parent to give directions, instructions, or to provide proper or adequate supervision to the foster child or respite care child.
(4) Claims resulting from the sexual abuse, or licentious, immoral, or other sexual behavior between foster children and/or respite care children or initiated by a foster parent.
(5) Follow-up medical treatment expenses incurred by foster parents or their household member for a personal bodily injury sustained as a result of an action of the foster/respite care child.
(6) Claims for items which belong to the foster child or respite care child.
(7) Claims resulting from acts of foster children that occur while the child is on a temporary planned, unplanned, or voluntary absence from the foster home.
(8) Claims for lost wages.
(9) Claims for property damages, losses, and emergency medical treatment costs arising out of an act of the foster/respite child, with or without the permission of the foster parent, related to the ownership, operation, or maintenance of any owned motor vehicle, including surface, air, or water.
(10) Claims filed by any person other than the foster parent or their household member.
(11) Claims for unsubstantiated property damages or losses alleged to have been caused by the foster child or respite care child.
(12) Claims not received by the department's office of risk management (ORM) within a year after the date of occurrence, regardless of the reason for the delay in filing the claim.
(13) Property damages or loss of items that do not depreciate, including but not limited to antiques, heirlooms, jewelry, figurines, and coin collections.
[WSR 18-14-078, recodified as § 110-50-1030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0355, filed 3/30/01, effective 4/30/01.]



PDF110-50-1040

What is the procedure for filing a claim?

(1) Within thirty days of an occurrence of property damage, loss, or emergency medical treatment, the foster parent must:
(a) Request from the child's social worker a Foster Parent Reimbursement Plan Claim, DSHS 18-400(X) (Rev. 6/96) to file a claim;
(b) Submit the completed claim with all requested information plus any required substantiating documentation;
(2) The claimant must include a statement documenting the reasons for the delay in filing the claim on claims filed more than thirty days after an occurrence.
[WSR 18-14-078, recodified as § 110-50-1040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0360, filed 3/30/01, effective 4/30/01.]



PDF110-50-1050

Which office within the department determines damage reimbursement?

The department's office of risk management determines whether a claim will be paid.
[WSR 18-14-078, recodified as § 110-50-1050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0365, filed 3/30/01, effective 4/30/01.]



PDF110-50-1060

How are exception requests made?

Written requests for exceptions to the terms, limitations, and exclusions specified in the foster parent reimbursement plan must be made to the ORM, Risk Management Administrator, P.O. Box 45844, Mailstop 45844, Olympia, WA 98504-5844. The request must include the justification for the request and alternatives explored. ORM staff will discuss and review requests for exceptions with the CA foster care program manager. Staff in the CA division of program and policy development make final decisions on exceptions.
[WSR 18-14-078, recodified as § 110-50-1060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0370, filed 3/30/01, effective 4/30/01.]



PDF110-50-1070

What claims may the department deny?

The department must deny any claim in which any material fact or circumstance of a property damage, loss, or personal bodily injury is misrepresented or willfully concealed by the foster parent. The department is entitled to recover any payments made in these cases. Claims found to be fraudulent involving theft or collusion are subject to criminal investigation.
[WSR 18-14-078, recodified as § 110-50-1070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0375, filed 3/30/01, effective 4/30/01.]



PDF110-50-1080

What must a foster parent do to have a denied claim reconsidered?

The foster parent must submit a request for reconsideration in writing within thirty days of the previous decision to the claims program manager, DSHS Office of Risk Management (ORM), P.O. Box 45844, Mailstop 45844, Olympia, WA 98504-5844. The request must include information or documentation not previously provided. All determinations made by the risk management administrator are final and do not constitute a basis for requesting or obtaining an administrative fair hearing.
[WSR 18-14-078, recodified as § 110-50-1080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0380, filed 3/30/01, effective 4/30/01.]



PDF110-50-1090

Will the department investigate claims?

The foster parent must permit the department, upon request, to inspect the damaged property. The department retains the authority to have an inspector of its choice make a damage estimate when, and as often, as the department may require.
[WSR 18-14-078, recodified as § 110-50-1090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0385, filed 3/30/01, effective 4/30/01.]



PDF110-50-1100

What are the department's responsibilities for management of juvenile records?

The department must comply with the requirements of chapter 13.50 RCW for management of juvenile records. The department's responsibilities for management of those records are:
(1) To maintain accurate information and remove or correct false or inaccurate information;
(2) To take reasonable steps to ensure the security of records and to prevent tampering;
(3) To make every effort to ensure the completeness of records, including action taken by other agencies with respect to matters in its files; and
(4) To facilitate inquiries concerning access to records.
[WSR 18-14-078, recodified as § 110-50-1100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0395, filed 3/30/01, effective 4/30/01.]



PDF110-50-1110

To whom may the department release records?

Subject to review the department may release records to the following persons:
(1) Other participants in the juvenile justice or care system only when an investigation or case involving the juvenile is being pursued by the other participants or when that participant is assigned the responsibility of supervising the juvenile. "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department and its contracting agencies, schools; persons or public or private agencies having children committed to their custody; and any placement oversight committee created under RCW 72.05.415;
(2) A contracting agency or service provider of the department that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombudsman information or records relating to the provision of services to a juvenile who is dependent under chapter 13.34 RCW. The department may provide these records without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen, unless otherwise prohibited by law;
(3) A juvenile, a juvenile's parents, the juvenile's attorney, and the juvenile's parent's attorney;
(4) Any person who has reasonable cause to believe information concerning that person is included in the record;
(5) A clinic, hospital, or agency which has the subject person under care or treatment;
(6) Individuals or agencies engaged in legitimate research for educational, scientific, or public purposes when permission is granted by the court.
[WSR 18-14-078, recodified as § 110-50-1110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0400, filed 3/30/01, effective 4/30/01.]



PDF110-50-1120

Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?

The department may withhold the following information unless authorized or ordered by the court:
(1) Information determined by the department to likely cause severe psychological or physical harm to the juvenile or the juvenile's parents;
(2) Information obtained in connection with provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency. Such information may not be disclosed to the juvenile's parents without the informed consent of the juvenile.
[WSR 18-14-078, recodified as § 110-50-1120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0405, filed 3/30/01, effective 4/30/01.]



PDF110-50-1130

What may a juvenile or the juvenile's parent do if the department denies access to information?

(1) A juvenile or the juvenile's parent may file a motion in juvenile court requesting access to the records.
(2) The person making the motion must give reasonable notice of the motion to all parties.
[WSR 18-14-078, recodified as § 110-50-1130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0410, filed 3/30/01, effective 4/30/01.]



PDF110-50-1140

What are the requirements for release of foster parents' licensing records?

Foster parent licensing records may be disclosed upon request in accordance with RCW 42.56.070.
[WSR 18-14-078, recodified as § 110-50-1140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0095, filed 7/28/09, effective 8/28/09. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0095, filed 3/30/01, effective 4/30/01.]



PDF110-50-1200

How does the department treat resources and unearned income of a child in foster care?

(1) Unearned income includes supplemental security income (SSI), Retirement, Survivors and Disability Insurance (RSDI), veteran's benefits, railroad retirement benefits, inheritances, or any other payments for which the child is eligible, unless specifically exempted by the terms and conditions of the receipt of the income. The department must use income not exempted to cover the child's cost of care, except for resources held in trust for an American Indian child.
(2) Any person, agency or court that receives payments on behalf of a child in out-of-home care must send the payments to the department's division of child support.
[WSR 18-14-078, recodified as § 110-50-1200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0210, filed 3/30/01, effective 4/30/01.]



PDF110-50-1210

Who receives veterans' benefits for children in foster care?

By agreement with the regional office of the veterans' administration, the department may receive benefits on behalf of children who have been placed by court order under the department's supervision or custody.
[WSR 18-14-078, recodified as § 110-50-1210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0245, filed 3/30/01, effective 4/30/01.]



PDF110-50-1220

What is the state supplementary payment (SSP) that is administered by the children's administration (CA)?

The children's administration state supplementary payment (CA/SSP) is a state-paid cash assistance program for specific eligible foster children with the children's administration. The CA/SSP program may be discontinued at any time and for any reason, and is limited to the funds available to children's administration for such payments. Receipt of a CA/SSP payment in any month does not guarantee payment for subsequent months even if all eligibility criteria remain met.
[WSR 18-14-078, recodified as § 110-50-1220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031, and 2002 c 371. WSR 07-23-004, § 388-25-1000, filed 11/8/07, effective 12/9/07. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1000, filed 5/9/05, effective 6/9/05.]



PDF110-50-1230

What are the eligibility requirements for the CA/SSP program?

To be eligible to receive CA/SSP, you must meet all of the following eligibility requirements:
(1) Be a child who has entered foster care (Title 45 C.F.R. 1355.20);
(2) Already receive supplemental security income (SSI) benefits or have recently received notice of an award for such benefits; and
(3) Receive behavior rehabilitation services (BRS) for out-of-home placement services for all or part of a month; and
(4) Not receive foster care maintenance payments under Title IV-E of the Social Security Act (42 U.S.C. 670).
[WSR 18-14-078, recodified as § 110-50-1230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031, and 2002 c 371. WSR 07-23-004, § 388-25-1010, filed 11/8/07, effective 12/9/07. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1010, filed 5/9/05, effective 6/9/05.]



PDF110-50-1240

When will my eligibility for CA/SSP be determined?

The SSP eligibility verification and payment process is usually completed two months following the month of your potential eligibility for an SSP payment. You will receive an SSP payment when all of the eligibility criteria (WAC 388-25-1010) have been verified. Children who have recently received notice of an award for SSI will receive a CA/SSP payment beginning the month the Social Security Administration places them into pay status, if all other eligibility criteria are met for that month.
[WSR 18-14-078, recodified as § 110-50-1240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031, and 2002 c 371. WSR 07-23-004, § 388-25-1020, filed 11/8/07, effective 12/9/07. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1020, filed 5/9/05, effective 6/9/05.]



PDF110-50-1250

How will I know if I am eligible to receive a CA/SSP payment?

Once you have been identified as eligible for a CA/SSP payment, CA will send out written notification to the current SSI representative payee.
[WSR 18-14-078, recodified as § 110-50-1250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031, and 2002 c 371. WSR 07-23-004, § 388-25-1030, filed 11/8/07, effective 12/9/07. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1030, filed 5/9/05, effective 6/9/05.]



PDF110-50-1260

Can I apply for the CA/SSP program if I am not identified by CA as eligible for the CA/SSP program?

You can apply through children's administration to determine your eligibility for CA/SSP, but eligibility is limited to those meeting the eligibility requirements in WAC 388-25-1010.
[WSR 18-14-078, recodified as § 110-50-1260, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1040, filed 5/9/05, effective 6/9/05.]



PDF110-50-1270

What are my appeal rights if CA determines that I am not eligible for CA/SSP?

In the event that your eligibility for CA/SSP payments is denied or terminated, or the amount of such payments is reduced, you have the right to file an informal complaint pursuant to RCW 74.13.045 and chapter 388-39A WAC and to request a hearing under chapter 34.05 RCW and chapter 388-02 WAC, except that there is no right to a hearing if the reason for the change is lack of funding.
[WSR 18-14-078, recodified as § 110-50-1270, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.04.050, 74.04.600, 74.04.620, 74.13.031, and 2002 c 371. WSR 07-23-004, § 388-25-1050, filed 11/8/07, effective 12/9/07. Statutory Authority: RCW 74.04.050, 2002 c 371, RCW 74.04.600 and 74.13.031. WSR 05-11-016, § 388-25-1050, filed 5/9/05, effective 6/9/05.]