reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-20 - Children's administration child care subsidies › Section 110-20-0170 - When can DSHS pay toward the cost of in-home/relative child care provided outside the child's home?

Current through Register Vol. 24-14, July 15, 2024
DSHS will pay toward the cost of child care provided in the
				relative's home by the following adult relative of the child:
(1) Siblings and stepsiblings living outside
			 the child's home;
(2)
			 Grandparents;
(3) Aunts;
(4) Uncles;
(5) First cousins;
(6) Great grandparents;
(7) Great aunts;
(8) Great uncles; and
(9) Extended family members as determined by
			 law or custom of the Indian child's tribe.
Statutory Authority:
				  RCW
				    74.12.340,
				  74.04.050,
				  74.04.055 and
				  74.08.090.
				  WSR 99-22-011, §
										388-165-250,
				  filed 10/22/99, effective 11/22/99.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0010 - What is the child protective services program?

Current through Register Vol. 24-14, July 15, 2024
(1) Child protective services (CPS) means
				those services provided by the department of children, youth, and families
				designed to protect children from child abuse and neglect and safeguard such
				children from future abuse and neglect, and conduct investigations of child
				abuse and neglect reports (RCW   26.44.020(12) and
				(17)).
(2) CPS may include the following:
(a) Investigation of reports of alleged child
				abuse or neglect.
(b) Assessment of
				risk of abuse or neglect to children.
(c) Provision of and/or referral to services
				to remedy conditions that endanger the health, safety, and welfare of
				children.
(d) Referral to law
				enforcement when there are allegations that a crime against a child
				(RCW
				  26.44.030(4) and
				74.13.031(3)) 
				might have been committed.
(e)
				Out-of-home placement and petitions to courts when necessary to ensure the
				safety of children.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0030 - What is child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
Child abuse or neglect means the injury, sexual abuse, or
				  sexual exploitation of a child by any person under circumstances which indicate
				  that the child's health, welfare, or safety is harmed, or the negligent
				  treatment or maltreatment of a child by a person responsible for or providing
				  care to the child. An abused child is one who has been subjected to child abuse
				  or neglect as defined in this section.
(1) Physical abuse means the nonaccidental
				infliction of physical injury or physical mistreatment on a child that harms
				the child's health, welfare, or safety. It may include, but is not limited to,
				such actions as:
(a) Throwing, kicking,
				burning, or cutting a child;
(b)
				Striking a child with a closed fist;
(c) Shaking a child under age
				three;
(d) Interfering with a
				child's breathing;
(e) Threatening
				a child with a deadly weapon; or
(f) Doing any other act that is likely to
				cause and that does cause bodily harm greater than transient pain or minor
				temporary marks or that is injurious to the child's health, welfare or
				safety.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0040 - What is child abandonment?

Current through Register Vol. 24-14, July 15, 2024
(1) A Parent or guardian abandons a child
				when the parent or guardian is responsible for the care, education, or support
				of a child and:
(a) Deserts the child in any
				manner whatever with the intent to abandon the child;
(b) Leaves a child without the means or
				ability to obtain one or more of the basic necessities of life such as food,
				water, shelter, clothing, hygiene, and medically necessary health care;
				or
(c) Forgoes for an extended
				period of time parental rights, functions, duties and obligations despite an
				ability to exercise such rights, duties, and obligations.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0050 - Who may receive child protective services?

Current through Register Vol. 24-14, July 15, 2024
Children and families may receive child protective services
				  when there is an allegation that a child has been abused or neglected:
(1) By a parent, legal custodian, or guardian
				of the child;
(2) While attending
				the Washington center for deaf and hard of hearing youth;
(3) While attending the state school for the
				blind;
(4) In a state-operated
				facility;
(5) In a DCYF or DSHS
				licensed or certified facility including, but not limited to:
(a) Substance use disorder treatment
				facilities licensed under chapter 71.24 RCW that treat patients on a
				residential basis; and
(b) Entities
				that provide behavioral health services on a residential basis;
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0060 - What is the responsibility of CPS regarding reports of abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS
				must record a report from any source alleging child abuse or neglect.
(2) CPS must determine whether alleged
				incidents or conditions meet the definitions of child abuse or neglect in this
				chapter or in chapter 26.44 RCW.
(3) CPS must assess or investigate all
				reports of alleged child abuse or neglect that meet the definitions of child
				abuse or neglect contained in this chapter or in chapter 26.44 RCW.
(4) CPS must investigate anonymous reports
				only as provided in
				RCW
				  26.44.030(15).
(5) CPS must maintain a record of reports
				received that are not investigated because they do not meet the definitions of
				child abuse or neglect as defined in RCW or this chapter.
(6) CPS must report to law enforcement per
				RCW
				  26.44.030(4) and
				74.13.031.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-017,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0070 - How does CPS respond to reports of alleged child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS must assess
				all reports that meet the definition of child abuse or neglect using a risk
				assessment process to determine level of risk and response time.
(2) CPS must provide an in-person response to
				alleged victims and must attempt an in-person response to the alleged
				perpetrator of child abuse and neglect in referrals assessed at moderate to
				high risk.
(3) CPS may refer
				reports assessed at low to moderately low risk to an alternative response
				system.
(4) CPS may interview a
				child, outside the presence of the parent, without prior parental notification
				or consent (RCW
				  26.44.030(10)).
(5) Unless the child objects, CPS must make
				reasonable efforts to have a third party present at the interview so long as
				the third party does not jeopardize the investigation (RCW
				  26.44.030).
(6) CPS may photograph the alleged child
				victim to document the physical condition of the child (RCW
				  26.44.050).
(7) CPS attempts to complete investigations
				within forty-five days. In no case shall the investigation extend beyond ninety
				days unless the investigation is being conducted under local protocol,
				established pursuant to chapter 26.44 RCW, and a law enforcement agency or
				prosecuting attorney has determined that a longer investigation period is
				necessary.
Statutory Authority: Chapter 26.44 RCW,
					 RCW
					   74.08.090,
					 74.13.031,
					 74.04.050,
					 and 2007 c 220. WSR 09-07-001, §
											388-15-021,
					 filed 3/4/09, effective 4/4/09. Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-021,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0080 - What special requirements must CPS follow for Indian children?

Current through Register Vol. 24-14, July 15, 2024
(1) These special
				requirements apply to children defined as Indians in WAC
				110-110-0010.
(2) The caseworker must document in case
				records efforts to keep Indian families together and to avoid separating the
				Indian child from the child's parents, relatives, tribe or cultural heritage as
				per RCW
				  26.44.010 and WAC
				110-110-0010.
(3) In alleged child abuse and neglect
				situations, the caseworker must document in case records, efforts to utilize
				staff and services particularly capable of meeting the special needs of Indian
				children and their families, in consultation with the child's tribe or local
				Indian child welfare advisory committee per WAC
				110-110-0060
				through
				110-110-0100.
(4) The caseworker will promptly
				advise the tribal council and the local Indian child welfare advisory committee
				that a child affiliated with the tribe is the victim of substantiated child
				abuse or neglect. The provisions of RCW 26.44.070, WAC
				110-110-0100,
				limiting who has access to confidential information, must be followed in all
				cases.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-025,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0090 - What information may CPS share with mandated reporters?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS in the
				conduct of ongoing case planning and consultation with those persons or
				agencies required to report alleged child abuse or neglect under
				RCW
				  26.44.030 and with consultants designated by
				CPS, may share otherwise confidential information with such persons, agencies,
				and consultants if the confidential information is pertinent to cases currently
				receiving child protective services.
(2) When CPS receives a report of alleged
				child abuse or neglect, mandated reporters, as identified in
				RCW
				  26.44.030, and their employees must provide
				upon request by CPS, all relevant records in their possession related to the
				child (RCW
				  26.44.030).
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-029,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0100 - When will CPS involve local community resources?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS may use local community resources to
				respond to reports of abuse or neglect when the department's assessment of risk
				determines that a community response is in the best interest of the child and
				family.
(2) CPS may involve local
				community resources in the planning and provision of services to help remedy
				conditions that contribute to the abuse or neglect of children.
(3) CPS must have community based child
				protective teams (CPT) available for staffing and consultation regarding cases
				of child abuse or neglect. CPS must present cases for staffing with the CPT in
				accordance with executive order 95-04 and department procedures.
(4) There are special requirements for
				staffing Indian children cases with the local Indian child welfare advisory
				committee (WAC
				110-110-0060).
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-033,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0110 - Under what circumstances may CPS place a child in out-of-home care?

Current through Register Vol. 24-14, July 15, 2024
(1) When CPS
				determines that a child is at risk of serious harm in the care of the parent,
				legal custodian, or guardian CPS may seek an out-of-home placement for the
				child. Before placing a child in out-of-home care one of the following must be
				in place:
(a) A court order directing that
				the child be placed in out-of-home care (RCW
				  13.34.050); or
(b) A law enforcement officer placing the
				child in protective custody (RCW
				  26.44.050); or
(c) A physician or hospital administrator
				detaining a child and CPS assuming custody until a court hearing is held
				(RCW
				  26.44.056); or
(d) A voluntary placement agreement signed by
				the child's parent, guardian, or legal custodian. Voluntary placements of
				Indian children must comply with
				RCW
				  13.34.245.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0120 - When will CPS involve the juvenile court?

Current through Register Vol. 24-14, July 15, 2024
CPS may file a dependency petition with the juvenile court
				  when CPS determines that court intervention is necessary for protection of the
				  child.
(1) CPS must file a dependency
				petition with the juvenile court when a child is to remain in out of home care
				beyond seventy-two hours (excluding Saturdays, Sundays, and holidays) unless
				the child's parent or legal custodian signs a voluntary placement
				agreement.
(2) CPS must make
				reasonable efforts to notify both parents, guardians, and any legal
				custodian(s) that a dependency petition has been filed. The notice must inform
				these parties of the date, time, and location of the initial shelter care
				hearing and of the parent(s) and any legal custodian's legal rights. If the
				court has entered an order for the out-of-home placement of the child, a
				hearing shall be held within seventy-two hours, excluding Saturdays, Sundays,
				and holidays.
(3) Whenever CPS
				assumes custody of a child from law enforcement, and places the child in out of
				home care, a court hearing must be held within seventy-two hours from the time
				the child is taken into protective custody, excluding Saturdays, Sundays and
				holidays.
(4) Whenever CPS assumes
				custody from a physician or a hospital administrator and places the child in
				out-of-home care, a court hearing must be held within seventy-two hours from
				the time CPS assumes custody of the child, excluding Saturdays, Sundays, and
				holidays.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-041,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0130 - What are the department's responsibilities regarding notification of the parent or legal custodian in child protective services cases?

Current through Register Vol. 24-14, July 15, 2024
CPS must notify the parent, guardian, or legal custodian of a
				  child at the earliest possible point that will not jeopardize the investigation
				  or the safety or protection of the child when:
(1) CPS is investigating a report alleging an
				act or acts of child abuse or neglect, and:
(a) The child is alleged to be the victim;
				and/or
(b) CPS interviews a child
				in relation to an alleged act of child abuse or neglect.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0140 - When must the department notify the parent, guardian or legal custodian of allegations of child abuse or neglect made against them?

Current through Register Vol. 24-14, July 15, 2024
The department must notify the parent, guardian or legal
				  custodian of a child of the allegations of child abuse or neglect made against
				  that person at the initial point of contact with that person, in a manner
				  consistent with the laws maintaining the confidentiality of the persons making
				  the allegations. Investigations of child abuse and neglect should be conducted
				  in a manner that will not jeopardize the safety or protection of the child or
				  the integrity of the investigation process.
Statutory Authority:
					 RCW
					   74.08.090,
					 74.04.050,
					 74.13.031,
					 chapter 26.44 RCW, and 2005 c 512. WSR 07-14-011, §
											388-15-049,
					 filed 6/22/07, effective 7/23/07. Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-049,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0150 - What steps must the department take to provide an opportunity for the parent(s), guardian, or legal custodian(s) to review case information?

Current through Register Vol. 24-14, July 15, 2024
To provide an opportunity for the parent(s), guardian, or
				  legal custodian(s) to review case information, CPS must give such person the
				  opportunity to read or obtain relevant parts of the case record, provided the
				  person or persons have requested access to the information and the law does not
				  otherwise prohibit such access (RCW
				    13.50.100).
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-053,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › PROGRAM DESCRIPTION › Section 110-30-0160 - What limitations does the department have on the disclosure of case information?

Current through Register Vol. 24-14, July 15, 2024
Information obtained by CPS is confidential pursuant to
				  federal and state law. The department may only disclose case record information
				  as permitted by applicable statutes and the provisions of chapter 110-01
				  WAC.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-057,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0170 - What is the purpose of these rules?

Current through Register Vol. 24-14, July 15, 2024
The purpose of these rules is to describe:
(1) The procedures for notifying the alleged
				perpetrator of any findings made by a CPS caseworker in an investigation of
				suspected child abuse or neglect; and
(2) The process for challenging a founded CPS
				finding of child abuse or neglect (RCW
				  26.44.100 and
				26.44.125).
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-061,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0180 - Does CPS have to notify the alleged perpetrator of the results of CPS investigation?

Current through Register Vol. 24-14, July 15, 2024
CPS has the duty to notify the alleged perpetrator in writing
				  of any finding made by CPS in any investigation of suspected child abuse and/or
				  neglect.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-065,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0190 - How does CPS notify the alleged perpetrator of the finding?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS notifies
				the alleged perpetrator of the founded finding by sending the CPS finding
				notice via certified mail, return receipt requested, to the last known address.
				CPS must make a reasonable, good faith effort to determine the last known
				address or location of the alleged perpetrator.
(2) CPS notifies the alleged perpetrator of
				the unfounded finding by sending the CPS finding notice via mail, to the last
				known address, or email. CPS must make a reasonable, good faith effort to
				determine the last known address or location of the alleged
				perpetrator.
(3) When CA is
				actively working with the alleged perpetrator and the certified mail sent
				pursuant to subsection (1) of this section is returned, CA will attempt to
				personally serve the CPS founded findings letter to the alleged
				perpetrator.
Statutory Authority:
					 RCW
					   26.44.100,
					 74.13.031,
					 and chapter 26.44 RCW. WSR 18-01-047, §
											388-15-069,
					 filed 12/12/17, effective 1/12/18. Statutory Authority:
					 RCW
					   26.44.100 and P.L. 93-247,
					 P.L.
					 111-320. WSR 15-16-041, §
											388-15-069,
					 filed 7/28/15, effective 8/28/15. Statutory Authority:
					 RCW
					   26.44.100. WSR 15-01-099, §
											388-15-069,
					 filed 12/17/14, effective 1/17/15. Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-069,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0200 - What information must be in the CPS finding notice?

Current through Register Vol. 24-14, July 15, 2024
The CPS finding notice must inform the alleged perpetrator of
				  the department's investigative finding, including the legal basis for the
				  findings and sufficient factual information to apprise the alleged perpetrator
				  of the date and nature of the founded reports. The notice must also contain the
				  following:
(1) The alleged perpetrator
				may submit to CPS a written response regarding the CPS finding. If a response
				is submitted, CPS must file this response in the department's
				records.
(2) Information in the
				department's records may be considered in later investigations or proceedings
				relating to child protection or child custody.
(3) Founded CPS findings may be considered in
				determining:
(a) If an alleged perpetrator is
				qualified to be licensed to care for children or vulnerable adults;
(b) If an alleged perpetrator is qualified to
				be employed by a child care agency or facility;
(c) If an alleged perpetrator may be
				authorized or funded by the department to provide care or services to children
				or vulnerable adults.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0210 - What happens to unfounded CPS findings?

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning October 1, 2008, the department
				will no longer make inconclusive findings, but will retain and destroy such
				findings made prior to that date as provided in these rules.
(2) An unfounded, screened-out, or
				inconclusive allegation of child abuse or neglect may not be disclosed to a
				child placing agency, private adoption agency, or any other provider licensed
				under chapter 74.15 RCW.
(3) At the
				end of three years from the receipt of a screened-out report that alleged child
				abuse or neglect, the department must destroy its records relating to that
				report.
(4) At the end of six years
				from the date of the completion of an investigation of a report of child abuse
				or neglect, the department must destroy records relating to unfounded or
				inconclusive reports, unless a prior or subsequent founded report has been
				received regarding the child who is the subject of the report, a sibling or
				half-sibling of the child, or a parent, guardian, or legal custodian of the
				child, before records are destroyed.
(5) The department must retain records
				relating to founded reports of child abuse and neglect as required by DCYF
				records retention policies. If dependency is established under chapter 13.34
				RCW as to a child who is subject of a report of child abuse or neglect, all
				records relating to the child or the child's parent, guardian, or legal
				custodian, including any screened-out, unfounded or inconclusive reports not
				destroyed prior to the establishment of dependency or received after dependency
				was established, will be retained as required by DCYF records retention
				policies regarding dependency records.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 08-18-040, §
											388-15-077,
					 filed 8/28/08, effective 10/1/08; WSR 02-15-098 and 02-17-045, §
											388-15-077,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0220 - Can an alleged perpetrator challenge a CPS finding of child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
A person named as an alleged perpetrator in a founded CPS
				  report made on or after October 1, 1998, may challenge that
				  finding.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-081,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0230 - How do alleged perpetrators challenge their founded CPS findings?

Current through Register Vol. 24-14, July 15, 2024
(1) Alleged
				perpetrators must request a review of their founded finding in writing by
				following the instructions in the founded finding letter.
(2) Alleged perpetrators must request the CPS
				review of their founded CPS finding notice within 30 calendar days from the
				date they received it. Alleged perpetrators may not further challenge the
				findings, if requests are not made within 30 days of receipt.
Statutory Authority:
					 RCW
					   26.44.125(2) and (4). WSR
					 13-17-126, §
											388-15-085,
					 filed 8/21/13, effective 9/21/13. Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-085,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0240 - What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within thirty days?

Current through Register Vol. 24-14, July 15, 2024
(1) If the alleged perpetrator does not
				submit a written request within thirty calendar days for CPS to review the
				founded CPS finding, no further review or challenge of the finding may
				occur.
(2) If the department has
				exercised reasonable, good faith efforts to provide notice of the CPS finding
				to the alleged perpetrator, the alleged perpetrator shall not have further
				opportunity to request a review of the finding beyond thirty days from the time
				the notice was sent.
Statutory Authority:
					 RCW
					   26.44.100. WSR 15-01-099, §
											388-15-089,
					 filed 12/17/14, effective 1/17/15. Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-089,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0250 - What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?

Current through Register Vol. 24-14, July 15, 2024
(1) CPS management level staff or their
				designees who were not involved in the decision making process will review the
				founded CPS finding of child abuse or neglect. The management staff will
				consider the following information:
(a) CPS
				records;
(b) CPS summary reports;
				and
(c) Any written information the
				alleged perpetrator may have submitted regarding the founded CPS finding of
				abuse or neglect.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0260 - How does CPS notify the alleged perpetrator of the results of the CPS management review?

Current through Register Vol. 24-14, July 15, 2024
CPS will notify the alleged perpetrator in writing of the
				  results of the CPS management review. CPS will send this notice to the last
				  known address of the alleged perpetrator by certified mail, return receipt
				  requested. The notice of the CPS management review decision will also contain
				  information regarding how to request a hearing.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-097,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0270 - What happens if CPS management staff changes the founded CPS finding?

Current through Register Vol. 24-14, July 15, 2024
If CPS management staff changes the founded CPS finding, CPS
				  notifies the alleged perpetrator that the department has changed the finding to
				  either inconclusive or unfounded. CPS management staff or their designee must
				  correct the department's records to show the changed finding.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-101,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0280 - What happens if CPS management does not change founded CPS findings after their reviews?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				CPS management does not change founded CPS findings after their review, alleged
				perpetrators have the right to further challenge CPS management's decision by
				requesting an administrative hearing.
(2) Requests for administrative hearings must
				be in writing and filed with the office of administrative hearings (OAH) as
				instructed in the notice of the CPS management review decision.
(3) Requests for administrative hearings with
				the OAH must be filed within 30 calendar days from the date that the alleged
				perpetrators received the CPS management review decision.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-105,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0290 - What laws and rules will control the administrative hearings held regarding the founded CPS findings?

Current through Register Vol. 24-14, July 15, 2024
Chapter 34.05 RCW,
				  RCW
				    26.44.100 and
				  26.44.125, chapter 110-03 WAC, and
				  the provisions of this chapter govern any administrative hearing regarding a
				  founded CPS finding. In the event of a conflict between the provisions of this
				  chapter and chapter 110-03 WAC, the provisions of this chapter must
				  prevail.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-109,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0300 - What effect does a petition for dependency have on an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				a dependency petition, based on chapter 13.34 RCW, regarding the alleged abuse
				or neglect has been filed, the administrative hearing must be stayed
				(postponed) until the superior court has entered an order and findings
				regarding the dependency petition.
(2) The ALJ must consider any superior court
				dependency findings and order relating to the alleged abuse or
				neglect.
(3) If the superior court
				has entered findings that the alleged perpetrator was the person responsible
				for the alleged child abuse or neglect, the ALJ must uphold the CPS finding.
				The ALJ must reiterate the court ruling and incorporate that ruling in the
				decision issued by the ALJ.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-113,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0310 - What factors must the ALJ consider in order for the alleged abused and/or neglected child to testify at the administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must
				give special consideration to any request by a party for the alleged abused or
				neglected child to testify in order to protect the physical and emotional well
				being of the child. For the protection of the child, the ALJ must determine:
(a) If compelling reasons exist to have the
				child testify. If compelling reasons do exist, the ALJ must consider
				alternative methods to in-person testimony by the child. Such methods may
				include, but are not limited to, having the child testify by telephone or
				videotape; or
(b) If the rights of
				a party (either the appellant or DSHS) would be prejudiced by not having the
				child testify in person. If a party's rights would be prejudiced, the ALJ must
				consider other methods to hear the child's testimony without having the child
				directly confront the alleged perpetrator.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0320 - Are there issues the ALJ may not rule upon during an administrative hearing regarding a founded CPS finding?

Current through Register Vol. 24-14, July 15, 2024
In any administrative hearing regarding a founded CPS
				  finding, an ALJ may not rule upon the department's decisions regarding the
				  following:
(1) Placement of the
				alleged abused or neglected child;
(2) Risk assessments used in making placement
				decisions regarding the alleged abused and/or neglected child; or
(3) Service plans for the alleged perpetrator
				and/or alleged abused or neglected child.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-121,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0330 - Are the administrative hearings open to the public?

Current through Register Vol. 24-14, July 15, 2024
Based on
				  RCW
				    26.44.125, any administrative hearing
				  regarding founded CPS findings is confidential and must not be open to the
				  public.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-125,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0340 - How does the ALJ make a decision regarding the founded CPS finding?

Current through Register Vol. 24-14, July 15, 2024
(1) The ALJ must
				decide if a preponderance of the evidence in the hearing record supports a
				determination that the alleged perpetrator committed an act of abuse or neglect
				of a child.
(2) If the ALJ
				determines that a preponderance of the evidence in the hearing record supports
				the founded CPS finding, the ALJ must uphold the finding.
(3) If the ALJ determines that the founded
				CPS finding is not supported by a preponderance of the evidence in the hearing
				record, the ALJ must remand the matter to the department for a change of the
				finding consistent with the ruling of the ALJ.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-129,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0350 - How will the appellant be notified of the ALJ's decision?

Current through Register Vol. 24-14, July 15, 2024
After the administrative hearing, the ALJ will send a written
				  decision to the appellant and the department.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-133,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0360 - What if the appellant or the department disagrees with the decision?

Current through Register Vol. 24-14, July 15, 2024
If the appellant or the department disagrees with the ALJ's
				  decision, either party may challenge this decision according to the procedures
				  contained in chapter 34.05 RCW and chapter 110-03 WAC.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-135,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0370 - What happens if the ALJ rules against the department?

Current through Register Vol. 24-14, July 15, 2024
If the department challenges the ALJ's decision, the
				  department will not change the finding in the department's records and the
				  finding will remain in effect pending the final decision from the department's
				  challenge. If the department does not challenge the ALJ's decision, the
				  department will correct the finding in the department's records consistent with
				  the ALJ's decision.
Statutory Authority:
					 RCW
					   74.13.031,
					 74.04.050,
					 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, §
											388-15-141,
					 filed 7/16/02 and 8/14/02, effective
					 2/10/03.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-30 - Child protective services › NOTIFICATION AND APPEAL OF FINDINGS › Section 110-30-0390 - Services to individuals released from mental hospitals or in danger of requiring commitment to such institutions

Current through Register Vol. 24-14, July 15, 2024
(1) These services are those services
				necessary to enable eligible individuals age 65 or over to remain in the
				community in lieu of care in a mental hospital, or upon release from a mental
				hospital, to return to and live in the community. Services may also be provided
				to recipients of AFDC who are being released from mental
				institutions.
(2) Necessary adult
				services will be provided to beneficiaries of SSI, recipients of Title XIX, and
				other individuals whose income does not exceed the standard in WAC 388-15-020
				who:
(a) Are released from a mental hospital;
				or
(b) Need alternate care to
				continue to live in the community.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-40 - Family reconciliation services › Section 110-40-0010 - What is the purpose of the family reconciliation services program?

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 family reconciliation services (FRS) is to achieve reconciliation between the
			 parent and child, to reunify the family, and to maintain and strengthen the
			 family unit to avoid the necessity of out-of-home placement of
			 children.
(2) The department
			 provides these services, within available funds, to:
(a) Alleviate personal or family situations
			 that present a serious and imminent threat to the health or stability of the
			 child or family and that do not meet the definition of child abuse or neglect;
			 and
(b) Maintain families intact
			 whenever possible.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-40 - Family reconciliation services › Section 110-40-0020 - Who may receive FRS services?

Current through Register Vol. 24-14, July 15, 2024
(1) DCYF provides FRS to adolescents twelve
			 through seventeen years old and their families, in instances where adolescents
			 have runaway or are otherwise in conflict with their families. These
			 populations are defined as follows:
"Families in conflict"
means families in which
				personal or family situations present a serious and imminent threat to the
				health or stability of the child, which may include an at-risk youth, or
				family.
"Runaways"
means youths who are absent from home
				for a period of time without parental permission. Services are to actual
				runaways and not to threatened runaways, unless the threatened runaways meet
				the definition of families in conflict.
(2) FRS is not provided for any of the
			 following situations, unless the family is seeking an at-risk youth (ARY) or a
			 child-in-need-of-services (CHINS) family assessment:
(a) Chronic or long-term multiproblem
			 situations requiring long-term interventions;
(b) Custody and marital disputes unless the
			 dispute creates a conflict between the child and parent with physical
			 custody;
(c) Families currently
			 receiving counseling services related to the parent-child conflict/relationship
			 from other agencies;
(d) Child
			 abuse and neglect cases, unless those cases meet the definition of family in
			 conflict; or
(e) Youth receiving
			 foster care or group care services or follow up to those services.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-40 - Family reconciliation services › Section 110-40-0030 - What FRS does the department provide?

Current through Register Vol. 24-14, July 15, 2024
The assigned caseworker provides family reconciliation services
				(FRS) to develop skills and supports within families to resolve family
				conflicts, achieve a reconciliation between parent and child, and to avoid
				out-of-home placement. The services may include, but are not limited to,
				referral to services for suicide prevention, psychiatric or other medical care,
				or psychological, financial, legal, educational, or other social services, as
				appropriate to the needs of the child and family. Typically FRS is completed
				within a thirty-day period. The department provides intake and assessment
				services (IAS).
(1) Youth and their
			 families who call or self-present at a DCYF central intake or local office
			 requesting FRS must be provided assistance in contacting the appropriate DCYF
			 intake services to make a formal request for FRS.
(2) The FRS caseworker must contact the
			 family within twenty-four hours of assignment to the case to schedule an
			 appointment to begin the family interview and assessment.
(3) FRS is intended to defuse the immediate
			 potential for violence, assess problems, and explore options leading to problem
			 resolution.
(4) Families who
			 require more intensive interventions than those provided by the FRS caseworker
			 may be referred to a contracted provider for services. The family must make a
			 commitment to participate in the contracted services.
Statutory Authority:
				  RCW
				    13.32A.040,
				  74.13.031,
				  and
				  74.08.090.
				  WSR 18-03-103, §
										388-32-0030,
				  filed 1/18/18, effective 2/18/18; WSR 06-11-080, §
										388-32-0030,
				  filed 5/16/06, effective 6/16/06. Statutory Authority: Chapter 13.32A RCW,
				  RCW
				    74.08.090,
				  74.13.031,
				  2002 c 371. WSR 03-19-051, §
										388-32-0030,
				  filed 9/11/03, effective 9/11/03. Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-047, §
										388-32-0030,
				  filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-50 - Child welfare › Section 110-50-0002 - Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  RCW
				    74.13.031. WSR 01-08-047, §
										388-25-0290,
				  filed 3/30/01, effective 4/30/01.