Chapter 110-50 WAC

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.

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.

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).

(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.

(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.

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.

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.

(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.

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.

(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.

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).

The department will place children or youth in licensed receiving care foster homes on a temporary or emergent basis to:

(1) Allow for stabilization; or

(2) Provide time to develop a placement plan.

(1) The department or department-contracted providers will designate licensed foster homes to provide temporary or emergent placements to children and youth in the placement and care authority of the department.

(2) Designated receiving care foster homes must meet the training requirements in their contract.

The department will determine the number of receiving care foster homes based on regional need and availability.

The department may authorize children or youth to be placed in receiving foster homes for:

(1) Up to 15 nights at initial placement; or

(2) More than 15 nights with an approved extension.

(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.

The following definitions apply to relatives and suitable persons placements:

"Department" means the Washington state department of children, youth, and families.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW  74.15.020(2), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.

"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child or youth, and with whom they have been placed pursuant to RCW 13.34.130.

(1) The department must search for appropriate relatives or suitable persons for placement, prior to placing children or youth in foster homes when the department determines that they need to be placed in out-of-home care.

(2) The department must assess the following when selecting relatives or suitable persons for placement of children and youth:

(a) The children or youth would be comfortable living with the relative or suitable person; and

(b) The relative or suitable person is:

(i) Related to or has a preexisting relationship with them;

(ii) Capable of caring for them and is willing to cooperate with the child's or youth's permanency plan; and

(iii) Able to provide them a safe home, and:

(A) Sleeping arrangements that are based on their age, development, and specific needs, unless there is a written plan approved by the caseworker to mitigate safety concerns; and if they remain in their home for more than 30 calendar days, they must verify each child under 12 months old has their own safe sleeping space that meets infant safe sleep requirements, such as a:

(I) Bassinet;

(II) Crib that complies with chapter 70.111 RCW and 16 C.F.R. 1219.1220;

(III) Portable crib; or

(IV) Native American:

• Moss boards; or

• Cradle boards; and

(B) Confirm that the children or youth older than 12 months have their own individual safe sleeping space with bedding, unless other arrangements have been approved by the children's or youth's caseworkers.

(3) The department may consider foster care as a potential placement resource, when there are no approved relatives or suitable persons available to provide placement, per chapter 13.34 RCW.

The department must follow WAC 110-04-0120 when assessing background checks for relatives and suitable persons requesting to be a placement option for children and youth.

(1) Caseworkers may assist unlicensed relatives and suitable persons that need financial support to care for children or youth to apply for temporary assistance for needy families (TANF) through the department of social and health services (DSHS) local community services office (CSO).

(2) Relatives and suitable persons who are licensed kinship caregivers or foster parents:

(a) Will receive foster care maintenance payments; and

(b) Must not receive TANF benefits on behalf of the child or youth in care at the same time they are receiving foster care payments.

(3) A relative or suitable person who is not a licensed kinship caregiver or foster parent at the time of placement may apply to become either:

(a) A licensed kinship caregiver as described in chapter 110-149 WAC; or

(b) A foster parent as described in chapter 110-148 WAC.

(4) The relative or suitable person caring for the children or youth in out-of-home care may apply to be their representative payee for supplemental security income (SSI) or Social Security Administration benefits for the child or youth living with them. However, if the child or youth is a dependent of Washington state with custody assigned to the department by the court, the department will usually remain the payee on their behalf until the dependency is dismissed.

(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).

The following definitions apply to the BRS program:

"Behavior rehabilitation services (BRS)" means short-term intensive wraparound support and therapeutic programs offered in an array of settings for children and youth with high level service needs used to:

(1) Safely stabilize them;

(2) Coordinate multiple systems; and

(3) Safely move them to permanency or less intensive services.

"Department" means the Washington state department of children, youth, and families.

The department may:

(1) Serve children or youth through the BRS program when:

(a) They assess the children's or youth's and family's needs;

(b) Determine that the services offered through BRS are necessary; and

(c) BRS is the most appropriate placement for the children or youth; and

(2) Provide financial support for children's or youth's BRS when:

(a) They determine this level of services are necessary; and

(b) Providers:

(i) Meet the department's qualifications; and

(ii) Are contracted with the department for BRS.

The department has authority to remove children or youth from BRS placements:

(1) Five calendar days after providing the notice to the provider in nonemergent situations; and

(2) Without notice:

(a) In emergent situations; or

(b) When courts issue orders changing children's or youth's placements.

The department requires CPAs to:

(1) Be licensed or certified under chapter 74.15 RCW.

(2) Have a contract with the department to provide child or youth placement and related services. The department will only place and pay for services to an agency that the department has a contract with.

(3) Document the services provided as required in their contract.

(4) Maintain the licenses of their foster family and licensed kinship homes, so placements of children or youth may occur.

(5) Provide support services to the foster parents and licensed kinship caregivers.

(6) Be financially responsible for placement costs for a child or youth that the CPA brought from another country for adoption if the adoption is not finalized, disrupts prior to finalization, or until they reach age 18.

For licensed or certified CPAs under chapter 74.15 RCW:

(1) The department:

(a) Must:

(i) Determine initial and ongoing eligibility for financial support;

(ii) Approve placements before making payments;

(iii) Pay a monthly service fee if the agency provides services that are in addition to supervision of children or youth or their families; and

(iv) Discuss the following:

(A) Roles of the department;

(B) Placement support to foster parents and licensed kinship caregivers;

(C) Caregiver support plan;

(D) Supervision of children or youth; and

(E) Services the department will provide to children or youth;

(b) May enter into contracts with them to provide intensive treatment and supervision services to children or youth with physical, mental health, or behavioral needs. This includes:

(i) Assessing the needs of each child or youth;

(ii) Assigning a service level for each child or youth; and

(iii) Paying the rate provided in the contract.

(2) CPAs must:

(a) Sign and return written service agreements to the department for each child or youth accepted;

(b) Document and maintain documentation required in their contract to demonstrate case management and support services provided to children or youth for whom the department makes payment; and

(c) Provide quarterly reports to DCYF caseworkers as required in their contract for each child or youth whose placement or services the department pays for.

The department must monitor CPAs' compliance with their contract. If a CPA is found out of compliance with their contract, DCYF:

(1) Contracts managers must follow the sanctions included in the contract with the department and the CPA.

(2) Caseworkers must:

(a) Notify the fiduciary to stop agency service fee payments if the department does not receive the children's or youth's reports in the time frames outlined in the contract; and

(b) Inform their regional CPA lead when there are ongoing problems with reports or the CPA.

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.

See chapter 388-148 WAC for required training for licensed foster parents.

(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.

Parents of children in foster care must provide financial support for their child in accordance with rules contained in chapter 388-14A WAC.

(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.

(1) The department will refer cases to DCS when a court has made a finding of abandonment as defined in RCW 13.34.030, unless good cause exists.

(2) Nothing in this section prohibits a parent, guardian, or relative from pursuing child support by contacting DCS directly.

Good cause for not pursuing the collection of child support or establishing paternity exists when:

(1) It is not in the child's or youth's best interest; and

(2) The parent or guardian, or the parent's or guardian's child or youth, spouse, or spouse's child or youth was the victim of the offense for which the child or youth was committed to the custody of the juvenile rehabilitation division (JRD) and the child or youth is being placed directly into foster care from a JRD facility until this placement episode closes;

(3) Adoption proceedings for the child or youth are pending in court or the custodial parent or guardian is being helped by a private or public agency to decide if the child or youth will be placed for adoption;

(4) The child or youth was conceived as a result of incest or rape;

(5) The juvenile or tribal court in dependency proceedings or the department finds that the parents or guardians will be unable to comply with an agreed reunification plan with the child or youth due to financial hardship caused by paying child support;

(6) The custodial parent or guardian or the child or youth may be placed in danger as a result of the presence of or potential for domestic abuse perpetrated by the individual that DCS would be pursuing for collection action;

(7) The child support obligation would result in a financial hardship for parents or guardians because the child's or youth's household was low income at the time of removal; or

(8) The parent of a newborn child abandons the child by transferring the child to a qualified individual at an appropriate location, per RCW 26.20.030.

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.

The department or a parent, including an adoptive parent or legal guardian, may initiate a request for good cause determination at any time.

A request for determination of good cause may be made at any time.

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.

(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.

The legal basis for the foster care program is RCW 74.13.031, which authorizes the department to provide foster care placement services.

The monthly foster care maintenance payment was established to assist licensed or certified foster parents, which includes licensed relatives and suitable persons, in meeting the needs of the children or youth placed in their care. The payment is for the benefit of the children or youth.

The following definitions apply to foster care rate assessments (FCRA):

"Behavior rehabilitation services (BRS)" means short-term intensive wraparound support and therapeutic programs offered in an array of settings for children and youth with high level service needs used to:

(a) Safely stabilize them;

(b) Coordinate multiple systems; and

(c) Safely move them to permanency or less intensive services.

"Child placing agencies (CPAs)" means agencies or tribes licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Department" means the Washington state department of children, youth, and families.

"Foster care" means the placement of children or youth by the department or licensed child placing agencies in homes or facilities licensed or certified as outlined in chapter 74.15 RCW or in homes or facilities that are not required to be licensed as outlined in chapter 74.15 RCW.

"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Licensed health care provider" means medical doctors, doctors of osteopathy, doctors of naturopathy, physician's assistants, or advanced registered nurse practitioners.

"Licensing division (LD)" means the division in the department that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.

"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child or youth, and with whom they have been placed, per RCW 13.34.130.

The department must:

(1) Pay for placements and service plans they have approved.

(2) Provide final approval for determining initial and ongoing eligibility for financial support.

(3) Maintain oversight of placements and payments.

(1) All children or youth placed in foster care will receive the basic foster care maintenance payment for their age category to help cover the cost of food, clothing, shelter, and personal incidentals.

(a) The department must pay foster care maintenance payments to individuals:

(i) That are licensed or certified foster parents when children or youth are placed in their home;

(ii) Identified by the tribe when they:

(A) Take placement of children or youth; and

(B) Meet the licensing requirements of their tribe.

(b) Residing out of Washington state, when:

(i) They take placement of a Washington state child or youth;

(ii) They meet the licensing requirements of the state they reside in, per WAC 110-50-0460; and

(iii) Approval is received from both the sending and receiving state offices, per WAC 110-50-0100.

(2) The amount of the monthly foster care maintenance payment is determined using a standardized assessment tool that assesses children's and youth's needs in the following areas:

(a) Physical health;

(b) Mental health; and

(c) Behavioral needs.

(3) The standardized assessment tool must be completed to determine the rate of the foster care maintenance payment:

(a) Within 40 calendar days of the children's or youth's placement being documented in a licensed or certified foster home or relative or suitable persons home;

(b) At least every six months after the first assessment; and

(c) When there is a significant change in circumstances for children or youth.

The basic maintenance payment level 1 is paid to foster parents depending upon the ages of the children and youth. In addition, there are six levels of supplemental payments paid to foster parents who care for children or youth with varying degrees of physical, mental health, or behavioral needs that require increased effort, care, or supervision. The standardized assessment tool must be used to determine the appropriate level for payment based on available information regarding children's or youth's needs, regardless of the foster home they are placed in. Children or youth will be assessed and paid at the highest level they qualify for. Children or youth assessed at:

(1) Level 1: Receive the basic foster care maintenance rate. The payment is based on the child's or youth's needs, who are developing comparably to children or youth in the same age range. The payments are based on three age categories:

(a) Birth to five years old;

(b) Six to 11 years old; or

(c) Twelve to 20 years old.

(2) Level 2: Require more support from foster parents due to the youth being 12 years of age or older. The payment is based on the youth's needs, who are developing comparably to youth in the same age range.

(3) Level 3: Are diagnosed by a licensed health care provider with at least one chronic medical condition that requires more support from foster parents due to the severity of their needs. Children and youth in this level only have chronic medical conditions and do not have other conditions that would put them in a different level of care.

(4) Level 4: Are diagnosed by a licensed health care provider with a developmental disability that requires more support from foster parents due to the severity of their behaviors and needs. Children and youth in this level only have a diagnosed developmental disability and do not have other conditions that would put them in a different level of care.

(5) Level 5: Are diagnosed by a licensed health care provider with a developmental disability and have at least one chronic health condition. Children or youth in this level will not have any other conditions that would put them in a different level of care.

(6) Level 6: Have a current mental health diagnosis by a licensed health care provider or current prescription medication to assist with their mental health diagnosis.

(7) Level 7: Have complex mental health needs and need more support to help stabilize and keep the child or youth safe.

Department caseworkers must:

(1) Arrange with other states or local social service agencies to license and supervise the homes and placements when foster families reside in or move to another state, per chapter 26.34 RCW.

(2) Obtain the reimbursement rates from receiving states and DCYF will reimburse at their rate, unless the Washington state rate is approved.

(3) Authorize payments to the out-of-state foster homes after a copy of their foster family home license is received.

Relative caregivers and suitable persons:

(1) Licensed or certified as family foster homes under chapter 74.15 RCW will receive foster care maintenance payments on behalf of children or youth. If the family is eligible for a nonneedy grant for the same child or youth through the department of social and health services (DSHS) community services office (CSO), they must either receive foster care maintenance payments or nonneedy grants, but not both.

(2) Not licensed or certified for foster care, may apply for the nonneedy grant through the DSHS CSO.

The department pays foster care maintenance payments for:

(1) Children and youth beginning on the date the department places them in a licensed or certified foster home.

(2) Each night children or youth reside in foster homes.

The department must terminate foster care maintenance payments:

(1) On the day before the child or youth leaves the foster home or facility. The department does not pay for the last day they are in a foster home or facility.

(2) For children or youth in foster care, effective the date they:

(a) No longer reside in or need foster care;

(b) Reach the age of 18, unless they meet the criteria in RCW 13.34.267 and are participating in the extended foster care (EFC) program; or

(c) Are no longer eligible for EFC and the:

(i) Dependency action is dismissed; or

(ii) Voluntary placement agreement (VPA) has expired.

(3) For children or youth in a behavior rehabilitation services (BRS) program, effective the day they start BRS.

Once the rate assessment has been completed, foster parents will receive written notification from the department notifying them of:

(1) The amount of the monthly foster care maintenance payment that will be paid to them on behalf of children or youth residing in their home;

(2) Their right to request a department review of the foster care rate level based on information that was not known or provided to the department; and

(3) The process to request a department review.

(1) Foster parents must make a written request for the department to review their foster care rate level.

(2) Department review requests must:

(a) Be received by the department within 20 calendar days of the date of the letter informing the foster parent of their foster care rate level. If a request is not made within 20 days, the department will not review the foster care rate level.

(b) Include a statement explaining why the foster parent believes the rate level is incorrect. The foster parent must provide any additional information that was not known to the department when the rate was determined.

(c) Be sent to the individual and address identified in the department's letter informing the foster parent of the rate level for the child or youth.

Department management employees who have not administered the standardized assessment tool for the foster parents requesting the review, must:

(1) Conduct the department review of the foster care rate level and consider if:

(a) Additional information provided by the foster parent, as authorized in WAC 110-50-0510, is relevant to the assessment; and

(b) Information was accurately documented into the standardized assessment tool.

(2) Complete the review within 14 calendar days of receiving the request for review.

(3) Not consider information about any children or youth outside the standardized assessment tool.

Once the review is complete, the department must:

(1) Send foster parents a letter notifying them that the department:

(a) Upholds the results of the standardized rate assessment tool; or

(b) Agrees the rate was wrongly calculated and will adjust the rate to the proper level.

(2) Include information in the letter to request an administrative hearing, per chapter 110-03 WAC, if the department upholds the results of the rate assessment.

(1) Foster parents have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department's failure to:

(a) Respond to the request within the time frames in WAC 110-50-0520.

(b) Take into consideration new information related to the child or youth provided by the foster parents.

(c) Follow the standardized assessment process.

(2) To request an administrative hearing, the foster parent must submit a request in writing for an administrative hearing and send the request to the office of administrative hearings (OAH). The request must be received by OAH within 90 calendar days of receipt of the notification of the department's decision on review, unless good cause for a later request is established under chapter 110-03 WAC.

(3) Foster parents do not have a right to request an administrative hearing to challenge or dispute:

(a) Established foster care rates;

(b) The standardized assessment tool; or

(c) The standardized procedure used to determine the rate.

When making a determination during administrative hearings, administrative law judges (ALJ):

(1) May only consider the following if the:

(a) Standardized assessment process was not followed;

(b) Information obtained for the initial rate determination was not documented on the standardized assessment tool; or

(c) New information provided by the foster parents for the department review was not accurately documented on the standardized assessment tool.

(2) Must apply the rules in this chapter during the administrative hearing.

(3) Must not:

(a) Consider:

(i) Information about children or youth:

(A) Outside the standardized assessment tool;

(B) That was not provided to the department at the time of the:

(I) Initial or ongoing completion of the standardized assessment tool; or

(II) Department review requested by the foster parents.

(ii) Challenges to the:

(A) Established foster care rates;

(B) Standardized assessment tool; or

(C) The foster care rate assessment program.

(b) Make a determination that conflicts with a properly completed standardized assessment tool.

(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.

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.

There is no time limit on identifying and initiating recovery of overpayments.

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.

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.

A provider or vendor must follow the procedure indicated on the department's Vendor Overpayment Notice, DSHS 18-398A(X), dated 07/1998.

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.

(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.

The legal basis for the department's licensed caregiver third party liability program is RCW 74.14B.080.

The licensed caregiver third party liability program:

(1) Is established to provide reimbursement coverage to:

(a) Those licensed in chapter 74.15 RCW by the department or child placing agencies (CPA), including:

(i) Foster parents licensed in chapter 110-148 WAC; and

(ii) Licensed kinship caregivers licensed in chapter 110-149 WAC; and

(b) Foster parents and licensed kinship caregivers when providing respite;

(2) Covers:

(a) Damages caused:

(i) To third parties, within available funds, including and limited to:

(A) Property damages;

(B) Personal injuries; and

(C) Emergency medical expenses;

(ii) Intentionally or unintentionally by children or youth who are in department approved placements; and

(iii) Unintentionally by caregivers, as outlined in subsection (1) of this section to third parties;

(b) Damages to third parties including and limited to:

(i) Property damages;

(ii) Personal injuries; and

(iii) Emergency medical expenses;

(c) Acts of ordinary negligence; and

(d) Costs for approved claims, not covered by the caregiver's insurance, up to the total amount the department may pay for the occurrence, per WAC 110-50-0960; and

(3) Does not cover illegal or deceitful acts taken by the caregivers outlined in subsection (1) of this section.

"Caseworkers" means the agency workers assigned to the children or youth through the department or another government agency, including tribal governments.

"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Children" or "youth" means individuals who are placed by the department and younger than 18 years old.

"Department" means the Washington state department of children, youth, and families.

"Emergency medical expenses" means the initial medical treatment expenses incurred immediately following an occurrence that are required for emergent care and diagnosis for the caregivers, their household members, or animals.

"Extended foster care" means the same as defined in RCW 74.13.020.

"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a 24-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care, per RCW 74.15.020 (1)(f).

"Licensed caregivers" means individuals licensed to regularly provide 24-hour care in their home to children or youth, including:

(a) Foster parents licensed as outlined in chapter 110-148 WAC; and

(b) Licensed kinship caregivers licensed as outlined in chapter 110-149 WAC.

"Licensed kinship care" or "licensed kinship caregivers" means individuals licensed through chapter 110-149 WAC to regularly provide 24-hour care in their home to children or youth.

"Occurrence" means the calendar date when an act by a child or youth in an approved department placement or while receiving respite in a licensed foster home caused the damages reported in the claim that include:

(a) Property damages;

(b) Personal injury; or

(c) Emergency medical expenses.

(1) For licensed caregivers to be eligible for third party reimbursement, occurrences must have happened on the dates when children or youth were:

(a) Placed in their home by the department; or

(b) At their licensed home for respite and the caregiver was receiving payments from the department.

(2) The following placements are not eligible for third party reimbursement including, but not limited to:

(a) GCFs;

(b) Residential private schools;

(c) Trial return home placements;

(d) Placements where the damage is covered by the CPA;

(e) Youth missing from care;

(f) Overnight status with parents or guardians;

(g) Extended foster care youth; and

(h) Inpatient treatment facilities.

(1) Licensed caregivers must complete the following when submitting their claims for the licensed caregiver third party liability program:

(a) Submit their claims within 90 calendar days of the occurrence of the property damages, personal injuries, or emergency medical expenses by:

(i) Obtaining the current claim form from a department employee or the department's website;

(ii) Completing their claim forms and include:

(A) A description of the specific items damaged;

(B) A narrative detailing the occurrences;

(C) The date of the occurrences; and

(D) One of the following:

(I) A detailed invoice, estimate, or receipt that includes proof of payment in full;

(II) A detailed invoice or estimate and separate proof of payment in full; or

(III) Two detailed estimates itemizing the cleaning, repair, or comparable replacement cost for each item. If the department makes a payment from an estimate, the department may require a final zero balance paid receipt;

(E) The disclosure of whether the items are covered by their public or private insurance policy;

(F) Clear photos of the damages to the claim items; and

(G) Their signature;

(iii) Submitting the completed claims with the required documentation to both the:

(A) Child's or youth's caseworker; and

(B) Caregiver claims manager; and

(iv) Fully cooperating with the substantiation process; and

(b) Include a statement with the reasons for the delay when filing claims more than 90 calendar days after the occurrence.

(2) The department will determine whether the claims submitted more than 90 calendar days after the occurrence will be eligible for review.

The caregiver claims manager must:

(1) Review third party liability claims and determine the reimbursable costs for:

(a) Damaged or destroyed items in the following order by determining if the items:

(i) Can be cleaned or repaired; or

(ii) Cannot be cleaned or repaired. If the item cannot be cleaned or repaired, the department will determine the comparable replacement cost using estimates based on the same attributes as the items that were damaged or destroyed;

(b) Emergency medical expenses related to the occurrence for the third party, including:

(i) Medical;

(ii) Dental; and

(iii) Vision;

(c) Personal injuries as determined by department of enterprise services office of risk management or court order; and

(d) Court costs related to the occurrences;

(2) Provide the final decision in writing that includes:

(a) The department's decision on whether the claims are eligible for reimbursement; and

(b) The amount the department will pay for eligible items;

(3) Pay for approved claim items within program limits and available funds; and

(4) Maintain oversight of claims and payments.

(1) The department will:

(a) Follow these reimbursement limitations when determining reimbursement amounts for the licensed caregiver third party liability program claims:

(i) The total amount the department will pay as the result of one occurrence must not exceed:

(A) $25,000 for all property damages and personal injury;

(B) $5,000 for emergency medical expenses; or

(C) $3,000 for claims related to the ownership or operation of a motor vehicle;

(ii) The total reimbursement cost is assessed for each occurrence separately and includes the costs for each item in the occurrence;

(iii) The limitations for each occurrence must apply regardless of whether there are multiple claims from the same occurrence;

(iv) The total reimbursement cost for property damages, personal injuries, and emergency medical expenses are limited to the costs:

(A) Not covered in any insurance policies, up to the maximum occurrence costs in (a)(i) of this subsection; and

(B) Of the insurance policy deductible and any out-of-pocket expenses, up to the maximum occurrence costs in (a)(i) of this subsection; and

(v) Dental or vision appliances are limited to comparable replacements up to the maximum occurrence costs in (a)(i) of this subsection;

(b) Consider damages from the same occurrence claimed by one or more licensed caregivers in the same household as a single occurrence;

(c) Pay comparable replacement costs only if the:

(i) Item cannot be cleaned or repaired; or

(ii) The comparable replacement cost of the item is less than the cleaning or repair cost;

(d) Reimburse for labor expenses for the amount payable to a licensed business;

(e) Not reimburse claims if the licensed caregivers are not liable to the third party or the child's or youth's birth or adoptive parents or guardians because of:

(i) Immunities;

(ii) Limitations; or

(iii) Exclusions provided by law; and

(f) Not require licensed caregivers to use their insurance policy but will only consider reimbursement for the insurance deductible, coinsurance amounts, and any out-of-pocket expenses up to the limit of the occurrence as outlined in (a)(i) of this subsection.

(2) Licensed caregivers must:

(a) Notify the department if their property damages or losses were paid, will be paid, or are covered by a homeowner's, motor vehicle, or other public, personal, or business insurance policy; and

(b) Provide detailed medical bills and insurance statements or explanation of benefits showing the amount covered for emergency medical expenses.

The department will not provide third party liability reimbursement for the following:

(1) Claims resulting from:

(a) Licensed caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home or in respite care;

(b) Acts committed by licensed caregivers that are:

(i) Dishonest;

(ii) Fraudulent;

(iii) Criminal; or

(iv) Intentional; and

(c) Licensed caregivers deliberately leaving out important information for the claim;

(d) Licensed caregivers' violation of any statute, ordinance, or regulation;

(e) Licensed caregivers' illegal conduct or bad faith acts when providing care to children or youth;

(f) Failure of the licensed caregivers to:

(i) Give directions or instructions; or

(ii) Provide proper or adequate supervision;

(g) Sexual abuse or other sexual behaviors by any individual;

(h) A judgment against licensed caregivers based on alienation of affection; and

(i) Acts by children or youth that occur while they are on a temporary planned, unplanned, or voluntary absence from the placement; and

(2) Unsubstantiated claims; and

(3) Claims not received by the department within one year after the date of the occurrence, regardless of the reason for the delay in filing the claim.

The department:

(1) Must:

(a) Deny third party liability claims:

(i) That are not supported or substantiated by the evidence submitted;

(ii) For items or amounts not covered or excluded by the terms, limitations, or exclusions of the third party liability reimbursement program;

(iii) For ineligible placements; or

(iv) When the property damages, personal injuries, or emergency medical expenses are misrepresented or willfully concealed by the licensed caregivers or other parties involved; and

(b) Report third party liability claims found to be fraudulent involving theft or collusion involving public funds, per RCW 43.09.185; and

(2) May:

(a) Recover payments made for third party liability claims that were determined to be ineligible; or

(b) Refer third party liability claims found to be fraudulent involving theft or collusion involving public funds to the assistant attorney general and local law enforcement.

Licensed caregivers:

(1) Must:

(a) Contact the caregiver claims manager to request the claim appeal form for the third party damages, personal injuries, or emergency medical expenses;

(b) Include the justification and alternatives explored when requesting exceptions to the terms, limitations, and exclusions; and

(c) Submit the claim appeal forms to the caregiver claims manager within 30 calendar days of the notification of the final claim decisions from the department. If appeal requests are not received within 30 calendar days, the department will not review them;

(2) Cannot appeal the use of a private or public insurance policy available to them when the item is covered and reimbursable by their insurance policy. The department will not require them to use their insurance policy, but the reimbursement amounts will be determined as if they did, per WAC 110-50-0960; and

(3) Do not have the right to administrative hearings to challenge the denial of the appeals. The department will notify the licensed caregivers of the appeal decisions within 90 calendar days of receipt of the claim appeal.

(1) The department:

(a) May conduct investigations on licensed caregiver third party liability program claims; and

(b) Has the authority to have an inspector of its choice make a damage estimate when, and as often, as the department requires.

(2) Licensed caregivers and third parties must allow the department to inspect the damaged property, when requested.

(3) If the licensed caregiver third party liability program pays for a claim, the licensed caregivers must:

(a) Transfer to the department their rights of recovery against any individual or organization against whom they may have a legal claim; and

(b) Sign and deliver to the department any documents necessary to transfer these rights to Washington state.

The legal basis for the department's caregiver reimbursement program is RCW 74.13.335.

The caregiver reimbursement program:

(1) Is established to provide reimbursement coverage to:

(a) Unlicensed kinship caregivers;

(b) Those licensed by the department or by a child placing agency (CPA) in chapter 74.15 RCW, including:

(i) Foster parents licensed in chapter 110-148 WAC; and

(ii) Licensed kinship caregivers licensed in chapter 110-149 WAC; and

(c) Certified respite providers when providing department approved respite;

(2) Covers:

(a) Damages caused by children or youth who are in department approved placements, within available funds, including:

(i) Property damages or property loss; and

(ii) Emergency medical expenses for themselves or their household members;

(b) Acts of ordinary negligence; and

(c) Costs for approved items not covered by the caregiver's insurance and up to the total amount the department may pay for the occurrence, per WAC 110-50-1060; and

(3) Does not cover illegal or deceitful acts taken by the caregivers in subsection (1) of this section.

"Caregivers" means individuals approved by the department to provide 24-hour care in their home to children and youth, including foster parents, licensed kinship caregivers, unlicensed kinship caregivers, and certified respite providers.

"Caseworkers" means agency workers assigned to children or youth through the department or another government agency including tribal governments.

"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Children" or "youth" means individuals who are placed by the department and are:

(a) Younger than 18 years old; or

(b) Participating in the extended foster care program and not placed in a supervised independent living (SIL) setting.

"Department" means the Washington state department of children, youth, and families.

"Emergency medical expenses" means the initial medical treatment expenses incurred immediately following an occurrence that are required for emergent care and diagnosis for the caregivers, their household members, or animals.

"Extended foster care" means the same as defined in RCW 74.13.020.

"Group care facilities (GCFs)" means licensed facilities, other than foster family homes or residential private schools, that are maintained and operated for a group of children or youth in an overnight shelter or on a 24-hour basis.

"Occurrence" means the calendar date when an act by a child or youth in an approved department placement or receiving respite care caused the damages reported in the claim that includes:

(a) Property damages;

(b) Property loss; and

(c) Emergency medical expenses.

(1) For caregivers to be eligible for the caregiver reimbursement program, occurrences must have happened on the dates when the children or youth were:

(a) Placed in their home by the department; or

(b) At their home for respite and the caregiver was receiving respite payments from the department.

(2) The following placements are not eligible to receive reimbursement from the caregiver reimbursement program:

(a) GCFs;

(b) Trial return home placements;

(c) Placements where the damage is covered by the CPA;

(d) Youth missing from care;

(e) Overnight status with parents or guardians;

(f) Extended foster care youth in a supervised independent living (SIL) setting; and

(g) Inpatient treatment facilities.

(1) Caregivers must complete the following when submitting their claims for the caregiver reimbursement program:

(a) Submit their claims within 90 calendar days of the occurrence of the property damages, property loss, or emergency medical expenses by:

(i) Obtaining the current claim form from a department employee or the department's website;

(ii) Completing their claim forms and include:

(A) A description of the specific items damaged;

(B) A narrative detailing the occurrences;

(C) The date of the occurrences; and

(D) One of the following:

(I) A detailed invoice, estimate, or receipt that includes proof of payment in full;

(II) A detailed invoice or estimate and separate proof of payment in full; or

(III) Two detailed estimates itemizing the cleaning, repair, or comparable replacement cost for each item. If the department makes a payment from an estimate, the department may require a final zero balance paid receipt;

(E) The disclosure of whether the items are covered by their public or private insurance policy;

(F) Clear photos of the damages for each claim item; and

(G) Their signature;

(iii) Submitting the completed claims with the required documentation to both the:

(A) Child's or youth's caseworker; and

(B) Caregiver claims manager; and

(C) Fully cooperating with the substantiation process;

(b) Include a statement with the reasons for the delay when filing claims more than 90 calendar days after the occurrence and the department will determine whether the claims will be reviewed.

(2) The department will determine whether the claims submitted more than 90 calendar days after the occurrence will be eligible for review.

The caregiver claims manager must:

(1) Review caregiver reimbursement program claims and determine the reimbursable costs for:

(a) Damaged or destroyed items in the following order by determining if the items:

(i) Can be cleaned or repaired; or

(ii) Cannot be cleaned or repaired. If the items cannot be cleaned or repaired, the department will determine the comparable replacement cost using estimates based on the same attributes as the items that were damaged or destroyed;

(b) Emergency medical expenses related to the occurrence for the caregivers and their household members, including:

(i) Medical;

(ii) Dental; and

(iii) Vision;

(c) Emergency veterinary expenses for animals owned by the caregivers; and

(d) Animal loss;

(2) Provide the final decision in writing that includes:

(a) The department's decision on whether the caregivers' claims are eligible for reimbursement; and

(b) The amount that will be paid by the department for eligible items;

(3) Reimburse caregivers for the approved claim items within program limits and available funds; and

(4) Maintain oversight of claims and payments.

(1) The department will:

(a) Follow these reimbursement limitations when determining reimbursement amounts for the caregiver reimbursement program claims:

(i) The total amount the department will pay as the result of one occurrence must not exceed:

(A) $10,000 for all property damages and losses;

(B) $3,000 for claims related to the ownership and operation of a motor vehicle;

(C) $1,000 for emergency medical expenses; and

(D) $500 for emergency veterinary expenses;

(ii) For damage caused over a period of time, the date of the occurrence is the last date the damages occurred;

(iii) The total reimbursement cost is assessed for each occurrence separately and includes the costs for each item in the occurrence;

(iv) The limitations for each occurrence must apply regardless of whether there are multiple claims from the same occurrence;

(v) The total reimbursement cost for property damages or loss and emergency medical expenses are limited to the costs:

(A) Not covered in any insurance policies, up to the maximum occurrence costs in (a)(i) of this subsection;

(B) Of the insurance policy deductible and any out-of-pocket expenses, up to the maximum occurrence costs in (a)(i) of this subsection; and

(vi) Dental or vision appliances are limited to comparable replacements up to the maximum occurrence costs in (a)(i) of this subsection; and

(b) Consider damages from the same occurrence claimed by one or more caregivers in the same household as a single occurrence;

(c) Pay comparable replacement costs only if the:

(i) Item cannot be cleaned or repaired; or

(ii) The comparable replacement cost of the item is less than the cleaning or repair cost;

(d) Reimburse for labor expenses for the amount payable to a licensed business;

(e) Reimburse caregivers or household members that complete repairs for materials only;

(f) Not require caregivers to use their insurance policy but will only consider reimbursement for the insurance deductible, coinsurance amounts, and any out-of-pocket expenses up to the limit of the occurrence in (a)(i) of this subsection;

(g) Limit veterinary expenses to animal emergency medical expenses; and

(h) Pay the replacement value for animal loss, not to exceed the substantiated value of the animal or maximum per occurrence, whichever is less.

(2) Caregivers must:

(a) Notify the department if their property damages or losses were paid, will be paid, or are covered by a homeowners', motor vehicles, or other public, personal, or business insurance policy; and

(b) Provide detailed medical bills and insurance statements or explanation of benefits showing the amount covered for emergency medical expenses.

The department will not provide caregiver reimbursement for the following:

(1) Claims resulting from:

(a) Caregivers' lost wages;

(b) Individuals other than the caregiver filing the claim;

(c) Property damages or loss of items that do not depreciate;

(d) Loss of intangible assets;

(e) Damages to items that belong to the children or youth;

(f) Caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home or in respite care;

(g) Acts committed by licensed caregivers that are:

(i) Dishonest;

(ii) Fraudulent;

(iii) Criminal; or

(iv) Intentional;

(h) Caregivers deliberately leaving out important information for the claim;

(i) Caregivers' violation of any statute, ordinance, or regulation;

(j) Caregivers' illegal conduct or bad faith acts when providing care to children or youth;

(k) Caregivers' failure to:

(i) Give directions or instructions; or

(ii) Provide proper or adequate supervision;

(l) Sexual abuse or other sexual behaviors by any individual;

(m) A judgment against caregivers based on alienation of affection; and

(n) Acts by children or youth that occur while they are on a temporary planned, unplanned, or voluntary absence from the placement;

(2) Unsubstantiated claims; and

(3) Claims not received by the department within one year after the date of the occurrence, regardless of the reason for the delay in filing the claim.

The department:

(1) Will:

(a) Deny caregiver reimbursement program claims:

(i) That are not supported or substantiated by the evidence submitted;

(ii) For items or amounts not covered or excluded by the terms, limitations, or exclusions of the caregiver reimbursement program;

(iii) For ineligible placements; or

(iv) When the property damages, property loss, or emergency medical expenses are misrepresented or willfully concealed by caregivers or other parties involved; and

(b) Report caregiver reimbursement program claims found to be fraudulent or involving theft or collusion involving public funds per RCW 43.09.185; and

(2) May:

(a) Recover payments made for caregiver reimbursement program claims that were determined to be ineligible; or

(b) Refer caregiver reimbursement program claims found to be fraudulent involving theft or collusion involving public funds to the assistant attorney general and local law enforcement.

(1) Caregivers:

(a) Must:

(i) Contact the caregiver claims manager to request the claim appeal form for the caregiver reimbursement program for property damages, property loss, or emergency medical expenses;

(ii) Include the justification and alternatives explored when requesting exceptions to the terms, limitations, and exclusions; and

(iii) Submit the claim appeal forms to the caregiver claims manager within 30 calendar days of the notification of the final claim decision from the department. If appeal requests are not received within 30 calendar days, the department will not review them;

(b) Cannot appeal the use of a private or public insurance policy available to them when the item is covered and reimbursable by their insurance policy. The department will not require them to use their insurance policy, but the reimbursement amounts will be determined as if they did, per WAC 110-50-1060; and

(c) Do not have the right to an administrative hearing to challenge the denial of the appeal;

(2) The department will notify caregivers of the appeal decision within 90 calendar days of receipt of the claim appeal.

(1) The department:

(a) May conduct investigations on caregiver reimbursement program claims; and

(b) Has the authority to have an inspector of its choice make a damage estimate when, and as often, as the department may require.

(2) Caregivers must allow the department to inspect the damaged property when requested.

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.

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.

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.

(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.

Foster parent licensing records may be disclosed upon request in accordance with RCW 42.56.070.

The legal basis for the department managing and using foster children's and youth's unearned income and resources are:

(1) RCW 74.13.031; and

(2) RCW 74.13.060.

The department will apply for and use any unearned income and resources, including reimbursements, benefits, payments, funds, or accruals paid to or on behalf of children or youth in foster care to cover the amount of public assistance used on their behalf as outlined in RCW 74.13.060.

The following definitions apply to this chapter:

"Department" means the Washington state department of children, youth, and families.

"Out-of-home care" means the same as defined in RCW 13.34.030.

"Retirement, survivors, and disability insurance (RSDI)" means the same as the federal Old-Age, Survivors, and Disability Insurance Benefits as defined in 42 U.S.C. § 401-433.

"Social Security Disability Income (SSDI)" means the same as defined in 42 U.S.C. § 423.

"Supplemental Security Income (SSI)" means the same as defined in 42 U.S.C. § 1381a.

The department must:

(1) Complete the following when managing and using foster children's and youth's unearned income and resources:

(a) Notify their caregivers and all legal parties to the dependency case when the department applies for benefits on behalf of children and youth; and

(b) Count the following as unearned income for foster children and youth unless exempted by the terms and conditions of the receipt of the income when they are eligible to receive:

(i) SSI;

(ii) SSDI;

(iii) RSDI;

(iv) Veteran's benefits;

(v) Inheritances; or

(vi) Any other payments; and

(2) Use income not exempted to cover the child's cost of care, except for resources held in trust for an Indian child.

The department may receive benefits on behalf of children or youth placed in out-of-home care by the court, when approved by the veteran's administration.