reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0227 - What constitutes good cause for not pursuing the collection or establishment of child support or paternity?

Current through Register Vol. 24-14, July 15, 2024
Children's administration uses the following criteria to
					 determine whether sufficient good cause exists for requesting that DCS not
					 pursue collection or establish child support or paternity on foster care
					 cases:
(1) It is not in the child's
				  best interest;
(2) The parent or
				  other legally obligated person, or the parent or other person's child, spouse,
				  or spouse's child was the victim of the offense for which the child was
				  committed to the custody of the juvenile rehabilitation administration (JRA)
				  and the child is being placed directly into foster care from a JRA facility
				  until this placement episode closes;
(3) Adoption proceedings for the child are
				  pending in court or the custodial parent is being helped by a private or public
				  agency to decide if the child will be placed for adoption;
(4) The child was conceived as a result of
				  incest or rape and establishing paternity would not be in the child's best
				  interest;
(5) The juvenile or
				  tribal court in the dependency proceeding finds that the parents will be unable
				  to comply with an agreed reunification plan with the child due to the financial
				  hardship caused by paying child support. The social worker also may determine
				  that financial hardship caused by paying child support will delay or prevent
				  family reunification; or
(6) The
				  custodial parent and/or the child may be placed in danger as a result of the
				  presence of or potential for domestic abuse perpetrated by the person that the
				  division of child support would be pursuing for collection action.
Statutory Authority:
						RCW
						74.08.090, 2004 c 183, 74.20.040, and
						74.13.020. 05-06-091, § 388-25-0227, filed 3/1/05, effective
						4/1/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0228 - Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.08.090, 2004 c 183, 74.20.040, and
						74.13.020. 05-06-091, § 388-25-0228, filed 3/1/05, effective
						4/1/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0229 - Who may request a good cause determination?

Current through Register Vol. 24-14, July 15, 2024
The department or a parent, including an adoptive parent or
					 legal guardian, may initiate a request for good cause determination at any
					 time.
Statutory Authority:
						RCW
						74.08.090, 2004 c 183, 74.20.040, and
						74.13.020. 05-06-091, § 388-25-0229, filed 3/1/05, effective
						4/1/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0231 - When may a good cause determination be requested?

Current through Register Vol. 24-14, July 15, 2024
A request for determination of good cause may be made at
					 any time.
Statutory Authority:
						RCW
						74.08.090, 2004 c 183, 74.20.040, and
						74.13.020. 05-06-091, § 388-25-0231, filed 3/1/05, effective
						4/1/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0235 - To whom must parents' send child support payments for their child in foster care?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0235,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part C - PARENTAL SUPPORT OBLIGATION › Section 388-25-0240 - Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0240,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part D - VETERANS' BENEFITS › Section 388-25-0245 - Who receives veterans' benefits for children in foster care?

Current through Register Vol. 24-14, July 15, 2024
By agreement with the regional office of the veterans'
					 administration, the department may receive benefits on behalf of children who
					 have been placed by court order under the department's supervision or
					 custody.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0245,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0250 - What limitations exist on administrative hearings regarding foster care payments?

Current through Register Vol. 24-14, July 15, 2024
The foster care provider, the licensed or certified child
					 placement or care agency, and the parents are not entitled to request an
					 administrative hearing to dispute established rates.
					 Chapters
					 34.05 and
					 43.20A RCW, chapters 388-01 and
					 388-148 WAC, and this chapter provide specific rights to administrative
					 hearings.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0250,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0255 - What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0260 - Do vendor overpayment rules in this chapter also apply to adoptive parents?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0260,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0265 - Are there time limitations on identifying and recovering an overpayment?

Current through Register Vol. 24-14, July 15, 2024
There is no time limit on identifying and initiating
					 recovery of overpayments.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0265,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0270 - May overpayments be waived or forgiven?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0270,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0275 - Do other governmental organizations have the right to an adjudicative hearing?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0275,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0280 - What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?

Current through Register Vol. 24-14, July 15, 2024
A provider or vendor must follow the procedure indicated on
					 the department's Vendor Overpayment Notice, DSHS 18-398A(X), dated
					 07/1998.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0280,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0285 - When is payment due on an overpayment?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0285,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0290 - 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. 01-08-047, § 388-25-0290,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part E - ADMINISTRATIVE HEARINGS › Section 388-25-0295 - Who establishes guidelines to identify overpayments and to mediate overpayment disputes?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0300 - What is the foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
(1) The foster parent liability fund
				  authorized under
				  RCW
				   74.14B.080 allows for insurance coverage for
				  foster parents licensed under
				  chapter
				  74.15 RCW. The coverage
				  includes personal injury and property damage caused by foster parents or foster
				  children that occurred while the children were in foster care.
(2) Such insurance covers acts of ordinary
				  negligence but does not cover illegal conduct or bad faith acts taken by foster
				  parents in providing foster care. Moneys paid from liability insurance for any
				  claim are limited to the amount by which the claim exceeds the amount available
				  to the claimant from any valid and collectible liability insurance.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0300,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0305 - What is the period of coverage for foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
Coverage under the foster parent liability fund is for
					 valid claims arising out of occurrences on or after July 1,
					 1991.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0305,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0310 - Who is eligible for coverage under the foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
A person eligible for foster parent liability fund coverage
					 must be licensed or certified by the department or a child placing agency under
					 chapter
					 74.15 RCW to provide
					 foster family care.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0310,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0315 - What are the limits of coverage under the foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
The limits of coverage under the foster parent liability
					 are:
(1) Up to twenty-five thousand
				  dollars per occurrence. "Occurrence" means, for purposes of this chapter, the
				  incident which led to the claim.
(2) The claim must be for a third party
				  personal injury or property damage arising from a foster parent's act or
				  omission in the good faith provision of family foster care and supervision of a
				  foster child.
(3) The department
				  must not make a payment of claims from this liability fund if the foster parent
				  is not liable to the third party or the foster child's birth or adoptive parent
				  or guardian because of any:
(a)
				  Immunities;
(b) Limitations;
				  or
(c) Exclusions provided by
				  law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0320 - The department excludes what claims from coverage under the foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
The department excludes the following claims from coverage
					 under the foster parent liability fund:
(1) Claims arising as a result of a foster
				  parent's illegal conduct or bad faith acts in providing family foster care.
				  Such conduct or act includes but is not limited to:
(a) Loss arising out of a dishonest,
				  fraudulent, criminal, or intentional act or omission;
(b) Loss arising out of licentious, immoral,
				  or sexual behavior;
(c) Loss
				  occurring because the foster parent provided a foster child with an alcoholic
				  beverage or controlled substance, other than medication prescribed for the
				  foster child in the amounts prescribed by a physician or other licensed or
				  authorized medical practitioner;
(d) A judgment against the foster parent
				  based on alienation of affection.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0325 - What if there are multiple claims for one occurrence under the foster parent liability fund?

Current through Register Vol. 24-14, July 15, 2024
The twenty-five thousand dollar limitation per occurrence
					 must apply regardless of whether there are multiple claims arising from the
					 same occurrence. The department will consider a claim by one or more foster
					 parents occupying the same household a single claim.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0325,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0330 - May another source be used to recover on the same claim paid by the liability fund?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  liability fund pays for a claim, the foster parent must transfer to the
				  department the foster parent's rights of recovery against any person or
				  organization against whom the foster parent may have a legal claim.
(2) The foster parent must sign and deliver
				  to the department any documents necessary to transfer such foster parent's
				  rights to the state.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0330,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part F - FOSTER PARENT LIABILITY FUND › Section 388-25-0335 - What are the department's authority and the foster parent's responsibilities regarding investigation of claims?

Current through Register Vol. 24-14, July 15, 2024
(1) The department may conduct an
				  investigation of any foster parent liability fund claim.
(2) The foster parent must fully cooperate
				  with the department for any liability fund claims filed against the foster
				  parent.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0335,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0340 - What are the department's responsibilities and limitations for reimbursement for damage or loss caused by a child in family foster care?

Current through Register Vol. 24-14, July 15, 2024
(1) Within
				  available funds and subject to the conditions in this chapter, the department
				  must reimburse family foster care providers who incur property damages, losses,
				  and emergency medical treatment expenses that are caused by the foster child or
				  respite care child during placement in the foster family's home.
(2) For occurrences on or after October 1,
				  1999, the department must reimburse the foster parent for the replacement value
				  of any property covered under and subject to the limitations of this chapter
				  (see RCW
				   74.13.335).
(3) For occurrences before October 1, 1999,
				  the department will reimburse the depreciated value of any property covered
				  under and subject to the limitations of the this chapter.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0340,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0345 - What are the eligibility requirements for reimbursements to foster parents for damages?

Current through Register Vol. 24-14, July 15, 2024
Foster parents are eligible for reimbursement if the foster
					 parents are:
(1) Licensed by DSHS or
				  certified by a child-placing agency and licensed by the department under
				  chapter
				  74.15 RCW; and
(2) Providing approved DSHS-funded foster
				  care to children in the care, custody, and supervision of DSHS or a licensed
				  child placing agency; or
(3)
				  Providing department-approved and funded respite care to children.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0345,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0350 - What are the department's reimbursement limitations?

Current through Register Vol. 24-14, July 15, 2024
The following reimbursement limitations apply for
					 claims:
(1) The
PER
				  OCCURRENCE/TOTAL
amount the department will pay as the result of any one
				  occurrence must not exceed:
(a) Five thousand
				  dollars for all property damages and losses; or
(b) One thousand dollars for all personal
				  bodily injuries regardless of the number of foster parents or their household
				  members who sustain property damages, losses, or personal bodily
				  injuries.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0355 - What types of claims are specifically excluded from reimbursement?

Current through Register Vol. 24-14, July 15, 2024
The department specifically excludes the following from
					 reimbursement:
(1) Claims resulting
				  from giving alcoholic beverage or other illegal substance, including tobacco
				  products, to a foster child or respite care child for whatever
				  reason.
(2) Claims resulting from
				  violation of any statute, ordinance, or regulation by the foster child or
				  respite care child.
(3) Claims
				  resulting from failure of the foster parent to give directions, instructions,
				  or to provide proper or adequate supervision to the foster child or respite
				  care child.
(4) Claims resulting
				  from the sexual abuse, or licentious, immoral, or other sexual behavior between
				  foster children and/or respite care children or initiated by a foster
				  parent.
(5) Follow-up medical
				  treatment expenses incurred by foster parents or their household member for a
				  personal bodily injury sustained as a result of an action of the foster/respite
				  care child.
(6) Claims for items
				  which belong to the foster child or respite care child.
(7) Claims resulting from acts of foster
				  children that occur while the child is on a temporary planned, unplanned, or
				  voluntary absence from the foster home.
(8) Claims for lost wages.
(9) Claims for property damages, losses, and
				  emergency medical treatment costs arising out of an act of the foster/respite
				  child, with or without the permission of the foster parent, related to the
				  ownership, operation, or maintenance of any owned motor vehicle, including
				  surface, air, or water.
(10) Claims
				  filed by any person other than the foster parent or their household
				  member.
(11) Claims for
				  unsubstantiated property damages or losses alleged to have been caused by the
				  foster child or respite care child.
(12) Claims not received by the department's
				  office of risk management (ORM) within a year after the date of occurrence,
				  regardless of the reason for the delay in filing the claim.
(13) Property damages or loss of items that
				  do not depreciate, including but not limited to antiques, heirlooms, jewelry,
				  figurines, and coin collections.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0355,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0360 - What is the procedure for filing a claim?

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty days of an occurrence of
				  property damage, loss, or emergency medical treatment, the foster parent must:
(a) Request from the child's social worker a
				  Foster Parent Reimbursement Plan Claim, DSHS 18-400(X) (Rev. 6/96) to file a
				  claim;
(b) Submit the completed
				  claim with all requested information plus any required substantiating
				  documentation;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0365 - Which office within the department determines damage reimbursement?

Current through Register Vol. 24-14, July 15, 2024
The department's office of risk management determines
					 whether a claim will be paid.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0365,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0370 - How are exception requests made?

Current through Register Vol. 24-14, July 15, 2024
Written requests for exceptions to the terms, limitations,
					 and exclusions specified in the foster parent reimbursement plan must be made
					 to the ORM, Risk Management Administrator, P.O. Box 45844, Mailstop 45844,
					 Olympia, WA 98504-5844. The request must include the justification for the
					 request and alternatives explored. ORM staff will discuss and review requests
					 for exceptions with the CA foster care program manager. Staff in the CA
					 division of program and policy development make final decisions on
					 exceptions.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0370,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0375 - What claims may the department deny?

Current through Register Vol. 24-14, July 15, 2024
The department must deny any claim in which any material
					 fact or circumstance of a property damage, loss, or personal bodily injury is
					 misrepresented or willfully concealed by the foster parent. The department is
					 entitled to recover any payments made in these cases. Claims found to be
					 fraudulent involving theft or collusion are subject to criminal
					 investigation.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0375,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0380 - What must a foster parent do to have a denied claim reconsidered?

Current through Register Vol. 24-14, July 15, 2024
The foster parent must submit a request for reconsideration
					 in writing within thirty days of the previous decision to the claims program
					 manager, DSHS Office of Risk Management (ORM), P.O. Box 45844, Mailstop 45844,
					 Olympia, WA 98504-5844. The request must include information or documentation
					 not previously provided. All determinations made by the risk management
					 administrator are final and do not constitute a basis for requesting or
					 obtaining an administrative fair hearing.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0380,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part G - FOSTER PARENTS PROPERTY DAMAGE REIMBURSEMENT › Section 388-25-0385 - Will the department investigate claims?

Current through Register Vol. 24-14, July 15, 2024
The foster parent must permit the department, upon request,
					 to inspect the damaged property. The department retains the authority to have
					 an inspector of its choice make a damage estimate when, and as often, as the
					 department may require.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0385,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part H - FOSTER PARENT TRAINING › Section 388-25-0390 - What are the training requirements for licensed foster parents?

Current through Register Vol. 24-14, July 15, 2024
See chapter 388-148 WAC for required training for licensed
					 foster parents.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0390,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part I - JUVENILE RECORDS › Section 388-25-0395 - What are the department's responsibilities for management of juvenile records?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0395,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part I - JUVENILE RECORDS › Section 388-25-0400 - To whom may the department release records?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0400,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part I - JUVENILE RECORDS › Section 388-25-0405 - Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0405,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part I - JUVENILE RECORDS › Section 388-25-0410 - What may a juvenile or the juvenile's parent do if the department denies access to information?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0410,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part J - CHILD PLACING AGENCIES › Section 388-25-0415 - What are the department's expectations for child placing agencies (CPA) to which the department makes reimbursement for services or administrative costs?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  requires that the child placing agency (CPA) be licensed or certified under
				  chapter
				  74.15 RCW and have a
				  contract with the department for the provision of child placement and related
				  services.
(2) The CPA must document
				  the services provided in a format described by the department in the
				  contract.
(3) When the department
				  agrees to place a child with a CPA, the licensed or certified agency must
				  maintain the license of the foster family home and provide support services to
				  the foster parents. The department will only place and pay for services with an
				  agency with which the department has a contract. The agency must provide
				  payment to the foster family in accordance with this chapter.
(4) The department requires that private
				  agencies bringing children from other countries for adoption remain financially
				  responsible for the child's placement costs if the adoption is not finalized,
				  disrupts prior to finalization, or until the child reaches age
				  eighteen.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0415,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part J - CHILD PLACING AGENCIES › Section 388-25-0420 - What steps must the department take when a child whose case management responsibility remains with the department is placed in a home certified by a CPA?

Current through Register Vol. 24-14, July 15, 2024
(1) The DCFS social
				  worker follows regionally designated procedures for accessing services and
				  sharing responsibility for utilizing child placing agency foster
				  homes.
(2) The CPA and the DCFS
				  social worker must sign a DSHS Private Child Placing Agency Agreement/Child in
				  Foster Care, DSHS 15-190(X). The agreement designates which agency is
				  responsible for case management services, support activities, and specific
				  parts of the service plan while the child is placed in the CPA foster home. The
				  agency representative and the department social worker must review and revise
				  the agreement by mutual agreement at the request of either party.
(3) The CPA must provide the assigned DCFS
				  social worker with quarterly progress reports for each child placed in homes
				  certified by the CPA.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0420,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part J - CHILD PLACING AGENCIES › Section 388-25-0425 - What activities must a child placing agency provide in order to receive payment from the department?

Current through Register Vol. 24-14, July 15, 2024
The CPA must undertake the following activities to receive
					 payment from the department:
(1)
				  Accept referrals of children and families from the department and negotiate a
				  child-specific written service agreement with the department;
(2) Provide child and family case management
				  and support activities as agreed;
(3) Document the case management and support
				  activities as described in the contract between the department and the
				  CPA;
(4) Provide adequate quarterly
				  progress reports to the assigned social worker for each child whose placement
				  or other services the department financially supports.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0425,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part J - CHILD PLACING AGENCIES › Section 388-25-0430 - Under what conditions and how much will the department reimburse to child placing agencies licensed or certified under chapter 74.15 RCW to provide care to children?

Current through Register Vol. 24-14, July 15, 2024
(1) The CPA
				  representative must discuss with the department social worker for the child the
				  roles of the agency and the department in the placement, permanency planning,
				  and supervision of the child. The agency representative and the department
				  social worker must also discuss services the department or the agency will
				  provide to the child's parents and extended family.
(2) The CPA must maintain the documentation
				  required by contract to demonstrate all services provided to children in care
				  and for whom the department makes payment.
(3) The department will pay a monthly
				  administrative fee to a CPA if the agency, in addition to supervision of the
				  child, provides services to the child or the child's family.
(4) If the department wants to borrow a
				  CPA-certified home for placement of a child, the department pays the agency for
				  the use of the CPA's foster home with approval of the agency. The department
				  pays the borrowed home fee described in the contract between the department and
				  the agency.
(5) The department will
				  pay a set monthly fee to a child placing agency for a borrowed home if the
				  agency provides supervision services only to the child and no services to the
				  child's family. The department pays this fee only to enable the agency to
				  maintain the foster care license and to provide any related licensing training
				  and support services. This activity includes maintenance of a foster care
				  license for foster parent dependency guardianships in the agency-certified
				  home. The following conditions also apply:
(a)
				  The department may pay for a maximum of two borrowed beds in one foster
				  home.
(b) If one CPA borrows a bed
				  from another CPA, the department will pay only one service fee to one agency
				  for the child. The two private agencies and the department will mutually
				  identify and agree upon the agency the department will pay.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part J - CHILD PLACING AGENCIES › Section 388-25-0435 - What steps may the department take if a child placing agency does not meet the requirements of this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to any sanctions included in
				  the department's contract with the CPA, the DCFS social worker must stop
				  payment of the agency administrative fees in accordance with department
				  procedures if the department does not receive the child's report in the time
				  frame stipulated in WAC
				  388-25-0425.
(2) The DCFS social worker must inform the
				  regional licenser and contracts coordinator when there are continuing problems
				  with reports.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0435,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part K - INTERSTATE PLACEMENTS › Section 388-25-0440 - What are the department's obligations regarding children placed by the department between states?

Current through Register Vol. 24-14, July 15, 2024
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).
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0440,
						filed 3/30/01, effective 4/30/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part L - RELATIVE PLACEMENT › Section 388-25-0445 - Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?

Current through Register Vol. 24-14, July 15, 2024
(1) When the department determines that a
				  child needs to be placed outside the home, the department must search for
				  appropriate relatives to care for the child before considering nonrelative
				  placements. See
				  RCW
				   74.15.020 for the definition of
				  "relative."
(2) The department
				  reviews and determines the following when selecting a relative placement:
(a) The child would be comfortable living
				  with the relative;
(b) The relative
				  has a potential relationship with the child;
(c) The relative is capable of caring for the
				  child and is willing to cooperate with the permanency plan for the
				  child;
(d) The relative is able to
				  provide a safe home for the child;
(e) Each child has his or her own bed or crib
				  if the child remains in the home beyond thirty days.