Washington Administrative Code

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

(1) The department may accept a gift, bequest, or contributions in cash, or otherwise, from an association or corporation.(2) The department shall not accept a gift or contribution from a person applying for, or receiving, public assistance.(3) The department shall not advise any…

Parents of children in foster care must provide financial support for their child in accordance with rules contained in chapter 388-14A WAC.[WSR 18-14-078, recodified as § 110-50-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-02…

(1) The department's division of child support determines the amount of parental financial support, except when stated in a superior court order. Chapter 74.20A RCW and chapter 388-14A WAC provide the authority and procedures for the division of child support to collect financial…

(1) The department will refer cases to DCS when a court has made a finding of abandonment as defined in RCW 13.34.030, unless good cause exists.(2) Nothing in this section prohibits a parent, guardian, or relative from pursuing child support by contacting DCS directly.[Statutory …

Good cause for not pursuing the collection of child support or establishing paternity exists when:(1) It is not in the child's or youth's best interest; and(2) The parent or guardian, or the parent's or guardian's child or youth, spouse, or spouse's child or youth was the victim …

If children's administration determines that there is good cause the division of child support does not pursue collection or establish support or paternity on a foster care case.[WSR 18-14-078, recodified as § 110-50-0330, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW…

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

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

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 t…

(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 th…

The legal basis for the foster care program is RCW 74.13.031, which authorizes the department to provide foster care placement services.[Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0400, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified …

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

The following definitions apply to foster care rate assessments (FCRA):"Behavior rehabilitation services" or "BRS" means a temporary wrap around support and treatment program for youth with extreme, high level service needs, used to safely stabilize them and assist them in achiev…

The department must:(1) Pay for placements and service plans they have approved.(2) Provide final approval for determining initial and ongoing eligibility for financial support.(3) Maintain oversight of placements and payments.[Statutory Authority: RCW 43.216.065 and 74.13.031. W…

(1) All children or youth placed in foster care will receive the basic foster care maintenance payment for their age category to help cover the cost of food, clothing, shelter, and personal incidentals.(a) The department must pay foster care maintenance payments to individuals:(i…

The basic maintenance payment level 1 is paid to foster parents depending upon the ages of the children and youth. In addition, there are six levels of supplemental payments paid to foster parents who care for children or youth with varying degrees of physical, mental health, or …

Department caseworkers must:(1) Arrange with other states or local social service agencies to license and supervise the homes and placements when foster families reside in or move to another state, per chapter 26.34 RCW.(2) Obtain the reimbursement rates from receiving states and…

Relative caregivers and suitable persons:(1) Licensed or certified as family foster homes under chapter 74.15 RCW will receive foster care maintenance payments on behalf of children or youth. If the family is eligible for a nonneedy grant for the same child or youth through the d…

The department pays foster care maintenance payments for:(1) Children and youth beginning on the date the department places them in a licensed or certified foster home.(2) Each night children or youth reside in foster homes.[Statutory Authority: RCW 43.216.065 and 74.13.031. WSR …

The department must terminate foster care maintenance payments:(1) On the day before the child or youth leaves the foster home or facility. The department does not pay for the last day they are in a foster home or facility.(2) For children or youth in foster care, effective the d…

Once the rate assessment has been completed, foster parents will receive written notification from the department notifying them of:(1) The amount of the monthly foster care maintenance payment that will be paid to them on behalf of children or youth residing in their home;(2) Th…

(1) Foster parents must make a written request for the department to review their foster care rate level.(2) Department review requests must:(a) Be received by the department within 20 calendar days of the date of the letter informing the foster parent of their foster care rate l…

Department management employees who have not administered the standardized assessment tool for the foster parents requesting the review, must:(1) Conduct the department review of the foster care rate level and consider if:(a) Additional information provided by the foster parent, …

Once the review is complete, the department must:(1) Send foster parents a letter notifying them that the department:(a) Upholds the results of the standardized rate assessment tool; or(b) Agrees the rate was wrongly calculated and will adjust the rate to the proper level.(2) Inc…

(1) Foster parents have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department's failure to:(a) Respond to the request within the time frames in WAC 110-50-0520.(b) Take into consideration new information related to the child or youth …

When making a determination during administrative hearings, administrative law judges (ALJ):(1) May only consider the following if the:(a) Standardized assessment process was not followed;(b) Information obtained for the initial rate determination was not documented on the standa…

(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 serv…

Adoptive parents who receive assistance through the adoption support program are not vendors within the meaning of the law and do not fall within the scope of this chapter.[WSR 18-14-078, recodified as § 110-50-0750, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13…

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

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 t…

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 d…

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

When a vendor files a timely and complete request for an administrative hearing, payment on the overpayment is not due on the amount contested until the office of administrative hearings or its designee makes a final decision about the vendor's liability and any amount due.[WSR 1…

(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 administratio…

The legal basis for the department's licensed caregiver third party liability program is RCW 74.14B.080.[Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0900, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0900, filed 6/29/18, e…

The licensed caregiver third party liability program:(1) Is established to provide reimbursement coverage to:(a) Those licensed in chapter 74.15 RCW by the department or child placing agencies (CPA), including:(i) Foster parents licensed in chapter 110-148 WAC; and(ii) Licensed k…

"Caseworkers" means the agency workers assigned to the children or youth through the department or another government agency, including tribal governments."Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may…

(1) For licensed caregivers to be eligible for third party reimbursement, occurrences must have happened on the dates when children or youth were:(a) Placed in their home by the department; or(b) At their licensed home for respite and the caregiver was receiving payments from the…

(1) Licensed caregivers must complete the following when submitting their claims for the licensed caregiver third party liability program:(a) Submit their claims within 90 calendar days of the occurrence of the property damages, personal injuries, or emergency medical expenses by…

The caregiver claims manager must:(1) Review third party liability claims and determine the reimbursable costs for:(a) Damaged or destroyed items in the following order by determining if the items:(i) Can be cleaned or repaired; or(ii) Cannot be cleaned or repaired. If the item c…

(1) The department will:(a) Follow these reimbursement limitations when determining reimbursement amounts for the licensed caregiver third party liability program claims:(i) The total amount the department will pay as the result of one occurrence must not exceed:(A) $25,000 for a…

The department will not provide third party liability reimbursement for the following:(1) Claims resulting from:(a) Licensed caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home o…

The department:(1) Must:(a) Deny third party liability claims:(i) That are not supported or substantiated by the evidence submitted;(ii) For items or amounts not covered or excluded by the terms, limitations, or exclusions of the third party liability reimbursement program;(iii) …

Licensed caregivers:(1) Must:(a) Contact the caregiver claims manager to request the claim appeal form for the third party damages, personal injuries, or emergency medical expenses;(b) Include the justification and alternatives explored when requesting exceptions to the terms, li…

(1) The department:(a) May conduct investigations on licensed caregiver third party liability program claims; and(b) Has the authority to have an inspector of its choice make a damage estimate when, and as often, as the department requires.(2) Licensed caregivers and third partie…

The legal basis for the department's caregiver reimbursement program is RCW 74.13.335.[Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1000, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1000, filed 6/29/18, effective 7/1/18. St…

The caregiver reimbursement program:(1) Is established to provide reimbursement coverage to:(a) Unlicensed kinship caregivers;(b) Those licensed by the department or by a child placing agency (CPA) in chapter 74.15 RCW, including:(i) Foster parents licensed in chapter 110-148 WAC…

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

(1) For caregivers to be eligible for the caregiver reimbursement program, occurrences must have happened on the dates when the children or youth were:(a) Placed in their home by the department; or(b) At their home for respite and the caregiver was receiving respite payments from…