Washington Administrative Code

To be considered a child with special needs the following three statements must be true:(1) One or more of the following factors or conditions must exist, the child is:(a) Of a minority ethnic background and the child's ethnicity is creating a barrier to the child's adoption;(b) …

Reasonable effort to place a child without adoption support includes a child:(1) Registered for three months with the Washington adoption resource exchange (WARE) without finding an adoptive family;(2) For whom a documented, agency search was conducted by the placing agency for t…

(1) When a foster parent desires to adopt a child who:(a) Has been in the foster parent's home for three months or more before that child becomes legally free for adoption;(b) The child has close emotional ties to the current foster parent which, if severed, may cause emotional d…

(1) A child is not eligible for adoption support program services and payments if the adopting parent is the birth parent or current stepparent of the child.(2) The department must not use the adoptive parents' income as a basis for determining the child's eligibility for the ado…

(1) An applicant may apply through the public or private agency social worker of the child to be adopted, if the child is in the custody of the department. The social worker will:(a) Register the child with the adoption support program; and(b) Submit the applicant's completed pro…

(1) The application must include a copy of the child's medical and family background report signed by the adoptive parent(s) (DCYF 13-041). It must also include copies of department records or medical or therapist reports that document the child's physical, mental, developmental,…

The adoption support agreement is a binding contract between the adoptive parent(s) and the department that identifies the terms and conditions that both parties must follow.[WSR 18-14-078, recodified as § 110-80-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.…

The adoption support agreement must:(1) State the amount of any cash payments the department must make to the adoptive parent(s) on behalf of the child;(2) State that the child is eligible for medical assistance through medicaid;(3) State that participation in the adoption suppor…

The adoption support agreement must be signed by all parties before the final adoption decree is issued.[WSR 18-14-078, recodified as § 110-80-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13…

If the adoptive family resides in or moves to another state the child's participation in the adoption support program is affected as follows:(1) Washington state remains responsible for any monthly cash payments made to the adoptive parent(s) on behalf of the child or any non-med…

The adoption support agreement takes effect on the day the adoption is finalized unless an agreement for earlier implementation of the agreement has been agreed to by all parties.[WSR 18-14-078, recodified as § 110-80-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: 42…

(1) Foster care payments are paid after the month of service. Adoption support payments are paid prior to the month.(2) If the adoptive parent(s) receives department-funded foster care and foster care child care for the child to be adopted, the department's social worker assigned…

The terms of an adoption support agreement may be changed or modified only if both the adoptive parent(s) and the department agree to the modification. The department will consider a modification when:(1) Requested by the adoptive parent(s);(2) In the view of the department, it a…

The adoptive parent must inform the department's adoption support program of circumstances that might affect the child's eligibility for adoption assistance benefits, might result in an overpayment or missed payment, or might lead to modification of the agreement. Such changes in…

(1) The monthly cash payment may be suspended if:(a) The department cannot establish that the:(i) Parents are legally responsible for the support of the child; or(ii) Child is receiving any support from the parents; and(b) Department has provided notice to the parents of the depa…

The adoption support agreement is terminated according to the terms of the agreement or if any one of the following events occurs:(1) The child reaches eighteen years of age, unless:(a) The child was adopted at age sixteen or older and meets the requirements of an eligible catego…

The adoption support program provides:(1) Reimbursement for nonrecurring adoption finalization costs;(2) Monthly cash payments, as negotiated by the parties;(3) Payment for counseling services as preauthorized which are not available from the state's medicaid mental health servic…

(1) The amount of the adoption support monthly cash payment is determined through the discussion and negotiation process between the adoptive parents and representatives of the department based upon the needs of the child and the circumstances of the family. The payment that is a…

While an adoption support agreement remains in effect, medical assistance for the child is provided through the department's medicaid program and the medicaid program requirements apply.[WSR 18-14-078, recodified as § 110-80-0230, filed 6/29/18, effective 7/1/18. Statutory Author…

(1) The department's adoption support program directly pays for a child's counseling or mental health services, when the following conditions apply:(a) The adoptive parent must obtain written authorization from the department's adoption support program before the service is rende…

(1) The adoption support program is not able to pay for residential treatment placements of children who are not in department custody. See RCW 74.13.080 and WAC 110-60-0050.(2) If the adoptive parent is in need of residential treatment services for a child, the department will m…

The department may review the adoption support agreement and may renegotiate the amount of any cash payments to the adoptive parent during the child's out-of-home placement.[Statutory Authority: RCW 74.20.040. WSR 23-04-082 and 23-06-045, § 110-50-0300, filed 1/31/23 and 2/24/23,…

(1) The adoptive parent may request an opportunity to negotiate a modification of the adoption support agreement's monthly cash payment provision if there is a change in the needs of the child or in the circumstances of the family. The request must be in writing.(2) The adoption …

Federal laws and rules require that a prospective adoptive parent must apply for adoption assistance prior to adopting a special needs child and that the prospective adoptive parent must have a valid adoption support agreement, signed by all parties, before the adoption is finali…

For a child who met the Title IV-E eligibility criteria for adoption assistance prior to adoption, federal rules allow for a possible finding of extenuating circumstances through an administrative hearing process. In these situations, the adoptive parent must apply for adoption s…

An administrative law judge or a review judge may make a finding of extenuating circumstances if one or more of the following situations exist:(1) Relevant facts regarding the child, the biological family or child's background were known by the agency placing the child for adopti…

A support agreement entered into as a result of a finding of extenuating circumstances may not be effective before the date the department received the written request for participation in the adoption support program from the adoptive parent. Under no circumstances may the depar…

For children ineligible for federal Title IV-E Adoption Assistance, the department may provide limited support through the state-funded adoption support reconsideration program, when the program is funded by the legislature.[WSR 18-14-078, recodified as § 110-80-0320, filed 6/29/…

(1) When funded by the legislature, the adoption support reconsideration program allows the department to register an eligible adopted child for limited state-funded support (see RCW 74.13.150).(2) The reconsideration program provides for payment of medical and counseling service…

To be eligible for the adoption support reconsideration program, a child must:(1) Have resided, immediately prior to adoption finalization, in a department funded pre-adoptive placement or in department funded foster care;(2) Have a physical or mental disability or emotional dist…

The adoptive parent must complete an application for adoption support reconsideration and attach:(1) A written cost estimate of the child's proposed corrective-rehabilitative services;(2) A current medical evaluation of the child including the cause(s) of the condition requiring …

The reconsideration program provides some support for counseling and medical services needed to treat the child's qualifying condition.[WSR 18-14-078, recodified as § 110-80-0360, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0345, f…

(1) The department must authorize, in writing, any services paid by the adoption support reconsideration program before the services are provided.(2) The department must base the authorized level of service on the child's needs and must limit the level of service to established p…

(1) Eligibility for adoption support reconsideration services ends according to the terms of the adoption support reconsideration agreement or when the child:(a) Reaches eighteen years of age;(b) Is eligible for the federal Title IV-E adoption assistance program and has been plac…

If the department no longer has funds available for the program, a child's participation in the program will cease. The department will terminate the adoption support reconsideration agreement.[WSR 18-14-078, recodified as § 110-80-0390, filed 6/29/18, effective 7/1/18. Statutory…

(1) An adoptive parent has the right to an administrative hearing to contest the following department actions:(a) Denial of a child's initial eligibility for the adoption support program or the adoption support reconsideration program;(b) Failure to respond with reasonable prompt…

Adoption and adoption support files are confidential, and information contained in those files may not be disclosed without the consent of the person who is the subject of the file. By requesting an administrative hearing to challenge a department decision relating to adoption su…

The department has authority to agree to reimburse some or all of an adoptive parent's nonrecurring adoption expenses if:(1) The child has a qualifying factor or condition identified in WAC 110-80-0050(1);(2) Washington state has determined that the child cannot or should not be …

The department may reimburse:(1) Court costs directly related to finalizing an adoption;(2) Reasonable and necessary adoption fees;(3) Reasonable and necessary attorney fees directly related to finalizing an adoption; and(4) Costs associated with an adoption home study, including…

Reimbursement by the department of nonrecurring adoption expenses must not exceed one thousand five hundred dollars per child.[WSR 18-14-078, recodified as § 110-80-0440, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.…

(1) Before the adoption is finalized, the adoptive parent must sign an agreement with the department specifying the nature and amount of nonrecurring adoption expenses. This agreement may be part of an adoption support agreement or it may be a separate agreement specific to the r…

The legal basis for the department's GAP and EGAP are:(1) RCW 13.36.090;(2) RCW 74.13.031;(3) RCW 74.13.062;(4) 42 U.S.C. § 671-675;(5) 45 C.F.R. § 205.10;(6) 45 C.F.R. § 1355; and(7) 45 C.F.R. § 1356.[Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-07…

GAP was established as a subsidy to support the care of children or youth entering into a guardianship under chapter 13.36 RCW or RCW 11.130.215. GAP encourages guardianship for children or youth in the legal custody of public or tribal child welfare agencies for whom permanency …

The following definitions apply to this chapter:"Administrative law judge" or "ALJ" means an impartial decision-maker who is an attorney and presides over an adjudicative proceeding resulting in an initial order, or resulting in a final order if no appeal of the initial order is …

GAP may provide guardians the following subsidy:(1) Reimbursement for nonrecurring guardianship finalization expenses;(2) Cash payments as negotiated by the guardian and the department;(3) Medical services through the medicaid program; and(4) Evidence based programs contracted by…

(1) In order for children or youth to be eligible for GAP, they must be:(a) Under 18 years old when the department and the applicant sign the GAP agreement and order establishing the guardianship is entered by the court;(b) A dependent of a Title IV-E administering agency or fede…

Applicants must complete the GAP application and worksheet and submit the completed paperwork to the department prior to the finalization of the guardianship in court.[Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0060, filed 5/15/24, e…

The department will review applications and determine if the child or youth and applicant meet the eligibility requirements. If the eligibility requirements are met, the department must:(1) Provide the applicant with the application and worksheet used to negotiate the amount of G…

(1) The purpose of the GAP agreement is to define terms of financial and medical assistance provided to qualified applicants by DCYF on behalf of eligible children or youth.(2) The GAP agreement is a binding agreement between guardians and the department that identifies the terms…

The GAP agreement must be signed by the applicant and the department before the court establishes the guardianship and must include the following:(1) The amount of any GAP cash payment the department must make to the guardian on behalf of the child or youth;(2) A statement that i…