reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-029 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-033 - 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
				  388-70-600).
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-037 - 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-041 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-045 - 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-049 - 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.
						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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-053 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part A - PROGRAM DESCRIPTION › Section 388-15-057 - 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 388-01
					 WAC.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-061 - 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 social worker 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-065 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-069 - 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
						 74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-073 - 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-077 - 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 shall 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 shall
				  retain records relating to founded reports of child abuse and neglect as
				  required by DSHS 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, shall
				  be retained as required by DSHS records retention policies regarding dependency
				  records.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 08-18-040,
						§ 388-15-077, filed 8/28/08, effective 10/1/08; 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-081 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-085 - How does an alleged perpetrator challenge a founded CPS finding?

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
				  challenge a founded CPS finding, the alleged perpetrator must make a written
				  request for CPS to review the founded CPS finding of child abuse or neglect.
				  The CPS finding notice must provide the information regarding all steps
				  necessary to request a review.
(2)
				  The request must be provided to the same CPS office that sent the CPS finding
				  notice within twenty calendar days from the date the alleged perpetrator
				  receives the CPS finding notice (RCW  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, § 388-15-085, filed 7/16/02 and 8/14/02, effective
						2/10/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-089 - What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within twenty 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
						 74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-093 - 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 and/or neglect.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-097 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-101 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-105 - What happens if CPS management staff does not change the founded CPS finding?

Current through Register Vol. 24-14, July 15, 2024
(1) If CPS
				  management staff does not change the founded CPS finding, the alleged
				  perpetrator has the right to further challenge that finding by requesting an
				  administrative hearing.
(2) The
				  request for a hearing must be in writing and sent to the Office of
				  Administrative Hearings. WAC
				  388-02-0025 lists the current
				  address.
(3) The office of
				  administrative hearings must receive the written request for a hearing within
				  thirty days from the date that the person requesting the hearing receives the
				  CPS management review decision.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-109 - 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 388-02 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 388-02 WAC, the provisions of this chapter must
					 prevail.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-113 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-117 - 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-121 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-125 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-129 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-133 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-135 - 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
					 388-02 WAC.
Statutory Authority:
						RCW
						74.13.031,
						74.04.050, and
						chapter
						26.44 RCW. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-141 - 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. 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-240 - Family planning

Current through Register Vol. 24-14, July 15, 2024
(1) Family planning
				  services are those services which enable individuals including minors and
				  handicapped persons, to make choices regarding the number and spacing of
				  children. These services include outreach, information, referral, support
				  services (such as transportation and child care), counseling, education,
				  medical care and follow-up. Family planning medical services include physical
				  examinations, lab tests, diagnosis, treatment, surgical procedures as
				  appropriate, drugs, supplies, devices furnished, prescribed by or under the
				  supervision of a physician.
(2)
				  Goals for family planning shall be limited to those specified in WAC
				  388-15-010(1)(a) through (e). Also see WAC 388-15-010(2).
(3) Family planning is a federally mandated
				  service offered to all appropriate persons in the aid to families of dependent
				  children program and also to any appropriate individual who meets the state's
				  financial eligibility requirements (including anyone who within three months
				  has been an applicant for or a recipient of AFDC (see WAC 388-15-020(1)(e)(i)
				)). Services will be provided promptly to all of the foregoing individuals who
				  voluntarily request such services.
Order 1238, § 388-15-240, filed 8/31/77; Order 1204,
						§ 388-15-240, filed 4/1/77; Order 1147, § 388-15-240, filed 8/26/76;
						Order 1088, § 388-15-240, filed
						1/19/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-15 - Child protective services › Part B - NOTIFICATION AND APPEAL OF FINDINGS › Section 388-15-400 - 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 shall 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 388 - Social and Health Services, Department of › CHILD PROTECTIVE SERVICES › Chapter 388-22 - Determining and verifying eligibility - Definitions › Section 388-22-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
This section contains definitions of words and phrases
				  extensively used in the department's rules concerning the financial aid
				  programs. This section provides a central location for definitions while
				  eliminating the need to repeat the same in each WAC chapter. Related
				  definitions are grouped under the key word.
For medical assistance-Title XIX and medical services (fully
				  state-financed) program definitions, see chapter 388-80 WAC. For food stamp
				  program definitions, see chapter 388-49 WAC.
(1) "Adequate consideration" means the
				reasonable value of the goods or services received in exchange for transferred
				property approximates the reasonable value of the property
				transferred.
(2) "Adult" means a
				person eighteen years of age or older.
(3) "Applicant" means any member of an
				assistance unit by or for whom a request for assistance has been
				made.
(4) "Application" means a
				written request for financial assistance or a written or oral request for
				medical or social service, provided by the department of social and health
				services, made by a person in the person's own behalf or in behalf of another
				person.
(5) "Assistance unit" means
				a person or group of persons required to be included together when determining
				eligibility for an assistance program.
(6) "Authorization" means an official
				approval of a departmental action.
(a)
				"Authorization date" means the date the prescribed form authorizing assistance
				is signed.
(b) "Authorization of
				grant" means attesting the applicant's eligibility for assistance and giving
				authority to make payment accordingly.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part A - GENERAL › Section 388-25-0001 - What kinds of financial support are available to licensed foster care providers?

Current through Register Vol. 24-14, July 15, 2024
In addition to medical assistance and other services that
					 may be provided to meet the specific needs of a foster child, the department
					 provides licensed foster parents with a monthly foster care maintenance
					 payment. This payment is for the benefit of the child.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0001,
						filed 7/28/09, effective 8/28/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part A - GENERAL › Section 388-25-0003 - What is the purpose of the foster care maintenance payment?

Current through Register Vol. 24-14, July 15, 2024
The purpose of the foster care maintenance payment is to
					 assist licensed foster parents in meeting the needs of their foster child. A
					 basic rate payment (level 1) is paid to all foster parents to help cover the
					 cost of food, clothing, shelter, and personal incidentals. In addition, there
					 are three levels of supplemental payments (levels 2, 3 and 4) which are paid to
					 foster parents who care for children with varying degrees of physical, mental,
					 behavioral or emotional conditions that require increased effort, care or
					 supervision that are above the needs of a typically developing
					 child.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0003,
						filed 7/28/09, effective 8/28/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part A - GENERAL › Section 388-25-0005 - What is the legal basis for the foster care program?

Current through Register Vol. 24-14, July 15, 2024
RCW  74.13.020 authorizes the
					 department to provide foster care placement services.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0005,
						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 B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0011 - What method does the department use to determine what foster care rate will be paid for a foster child?

Current through Register Vol. 24-14, July 15, 2024
The department uses a standardized assessment tool, the
					 foster care rate assessment, to determine the foster care rate that will be
					 paid on behalf of the child. The tool assesses the needs of the child and the
					 foster parent's ability and time required to meet those
					 needs.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0011,
						filed 7/28/09, effective 8/28/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0015 - What are the department's placement priorities?

Current through Register Vol. 24-14, July 15, 2024
Within the limits of available financial resources, the
					 department provides placement services to children according to the following
					 ordered priorities:
(1) The department
				  must place children who urgently need protection from child abuse or neglect
				  (CA/N) if the department has legal authority for placement consistent with WAC
				  388-25-0025.
(2) The department may place children whose
				  mental, emotional, behavioral or physical needs present a risk to their safety
				  and resources do not exist within the family to provide for those
				  needs.
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0015,
						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 B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0016 - What are the essential features of the foster care rate assessment system?

Current through Register Vol. 24-14, July 15, 2024
The foster care rate assessment system includes the
					 following essential features:
(1)
				  Foster care maintenance payments are based on foster parent time and the nature
				  of activities needed to meet the needs of the child.
(2) A standardized assessment tool is used
				  for all children.
(3) The
				  assessment tool is completed jointly by foster parent and social worker or a
				  rate assessment specialist.
(4)
				  Assessments are updated periodically, in accordance with WAC
				  388-25-0032.
(5) The assessment process is
				  automated.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0016,
						filed 7/28/09, effective 8/28/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0018 - What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?

Current through Register Vol. 24-14, July 15, 2024
The placement goal for the foster care program is to limit
					 the number of all children who remain in care in excess of twenty-four months
					 to no more than thirty-five percent of the foster care
					 population.
Statutory Authority:
						RCW
						34.05.353 and
						74.13.055. 03-14-062, §
						388-25-0018, filed 6/25/03, effective
						7/26/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0020 - What are the department's limitations on placement?

Current through Register Vol. 24-14, July 15, 2024
Children's administration (CA) social workers must place
					 only those children who meet the criteria for child protective services (CPS),
					 family reconciliation services (FRS), or child welfare services as defined in
					 RCW
					  74.13.020. Children in situations outlined
					 below do not meet those criteria:
(1)
				  Children whom the CA social worker determines, after assessment, will not be
				  helped in out-of-home care.
(2)
				  Youths ages twelve through seventeen years of age in conflict with their
				  parents and who have not received family reconciliation services, except
				  families receiving adoption support that have already received extensive
				  counseling services.
(3) Youths
				  ages twelve through seventeen years of age whose family has received family
				  reconciliation services and parents are unwilling to have the youths at home
				  solely due to misbehavior.
(4)
				  Youths for whom the primary placement issue is community protection, including
				  sexual predators covered by the sexually aggressive youth (SAY) statute,
				  RCW
				   74.13.075.
(5) Youths who are unwilling to live in the
				  home of parents who are willing to have them at home, when this is the only
				  presenting problem.
(6) Youths who
				  have a mental illness and are a danger to themselves or others as defined by a
				  mental health professional (see
				  chapter
				  71.34 RCW).
Statutory Authority:
						RCW
						74.13.031. 01-08-047, § 388-25-0020,
						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 B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0022 - How does the foster care rate assessment work?

Current through Register Vol. 24-14, July 15, 2024
The foster care rate assessment is a two-step process that
					 includes the participation of the child's foster parent.
(1) Step one: The child's social worker or
				  designated rate assessment specialist will meet with the foster parent in
				  person or telephonically to jointly complete the standardized assessment
				  form.
(2) Step two: After step one
				  has been completed, the child's social worker or designated rate assessment
				  specialist enters the information from the assessment into the computer and,
				  based on the responses to the questions in the standardized assessment, the
				  rate assessment software program automatically calculates the foster care rate
				  that will be paid on behalf of the child.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0022,
						filed 7/28/09, effective 8/28/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0025 - When may the department or a child placing agency authorize foster care placement?

Current through Register Vol. 24-14, July 15, 2024
The department or a child placing agency may place a child
					 in foster care only under the following circumstances:
(1) The child has been placed in temporary
				  residential care after having been taken into custody under
				  chapter
				  13.32A RCW, Family
				  Reconciliation Act, to alleviate personal or family situations that present an
				  imminent threat to the health or stability of the child or family.
(2) The child, the child's parent(s), or the
				  department has filed a petition requesting out-of-home placement for the child
				  pursuant to
				  RCW
				   13.32A.120 or
				  13.32A.140:
(a) Placement has been approved after a fact
				  finding hearing under
				  RCW
				   13.32A.170; or
(b) A child has been admitted directly to
				  placement in a crisis residential center (CRC), and the parents have been
				  notified of the child's whereabouts, physical and emotional condition, and the
				  circumstances surrounding the child's placement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › FOSTER CARE/ADOPTION/RECONCILIATION › Chapter 388-25 - Child welfare services-Foster care › Part B - PLACEMENT AUTHORIZATION AND PAYMENT › Section 388-25-0027 - What factors are considered in the foster care rate assessment?

Current through Register Vol. 24-14, July 15, 2024
The assessment tool considers the average number of hours,
					 beyond those expected for a typically developing child of the same age, the
					 foster parent spends in:
(1) Caring
				  and/or advocating for the child to meet the child's physical and behavioral
				  needs;
(2) Participating in
				  parenting activities related to the child's physical or emotional/behavioral
				  therapeutic plan;
(3) Engaging in
				  parenting activities related to supervising and supporting the educational
				  needs of the child;
(4)
				  Participating in parenting activities related to scheduling, arranging, and
				  supervising activities, such as medical and dental appointments for the child,
				  visits between the child and his or her parents and/or siblings, or other
				  school or recreational activities;
(5) Repairing, cleaning or replacing
				  household items, over and above normal repair, due to the child's chronic
				  physical problems or destructive behavior; and
(6) Preparing the child to transition back to
				  the child's parents or to an adoptive or other foster care placement.
Statutory Authority:
						RCW
						74.08.090. 09-16-045, § 388-25-0027,
						filed 7/28/09, effective 8/28/09.