wa-26-19-143: Children, Youth, and Families, Department of — WSR 26-19-143

WSR 26-19-143 (26-19)WSR 26-19-143PROPOSED RULESDEPARTMENT OFCHILDREN, YOUTH, AND FAMILIES[Filed September 23, 2026, 11:31 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-14-114.Title of Rule and Other Identifying Information: Chapter 110-50 WAC, Child welfare. The child welfare division is amending and creating the following sections in chapter 110-50 WAC:Amending: WAC 110-50-1170 Legal basis, 110-50-1180 Purpose, 110-50-1190 Definitions, 110-50-1200 Department responsibilities when unearned income is received (WAC 110-50-1200 has been updated and renamed from department of children, youth, and families (DCYF) requirements for managing and using unearned income and resources for eligible children and youth in foster care), and 110-50-1210 EFC youth receiving Social Security benefits (WAC 110-50-1210 has been renamed from veteran's benefits for eligible children and youth in foster care. It has also been updated to include information related to extended foster care (EFC) and their benefits; and information in the current WAC 110-50-1210 is being added into the newly created WAC 110-50-1193 and amended WAC 110-50-1200).Creating: WAC 110-50-1193 Assessing eligibility for unearned income, 110-50-1195 Applying for Social Security benefits, 110-50-1215 Termination of the department's custody or representative payee status, 110-50-1225 Responsibilities of the new representative payee to the SSA, and 110-50-1235 Final transfer of funds and accounting. Hearing Location(s): On October 27, 2026, at 10:00 a.m., at DCYF Headquarters, Conference Room 2332, 1500 Jefferson Street S.E., Olympia, WA 98501. Comments can be made in several ways: Submitting comments to the online comment application linked below, emailing the rules coordinator, attending a public hearing in person, or by calling 360-972-5385 and leaving a voicemail that includes the comment and an email or physical mailing address where DCYF will send its response. All comments must be received by the deadline date and time listed below.Date of Intended Adoption: October 28, 2026.Submit Written Comments to: DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, beginning September 25, 2026, at 8:00 a.m., by October 27, 2026, at 11:59 p.m.Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-522-3691, email dcyf.rulescoordinator@dcyf.wa.gov, relay 711, by October 20, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The financial and business services division is amending WAC 110-50-1180, 110-50-1190, 110-50-1200, and other related rules to comply with SSB 5911.SSB 5911 requires DCYF, beginning January 1, 2027, to:•Not apply any benefits, payments, funds, or accruals paid to, or on behalf of, individuals in EFC as reimbursement for their cost of care.•Assist individuals participating in EFC to:oSet up an appropriate financial account to receive their benefits.oDetermine whether they can manage it independently or need help.oBecome and remain their own Social Security payee when possible.oIdentify suitable authorized representative payees when EFC youth need assistance managing their benefits.oIf suitable authorized representative payees are not identified, DCYF may manage their funds according to the Social Security Administration (SSA) rules.Reasons Supporting Proposal: See purpose.Statutory Authority for Adoption: WAC 110-50-1170 Legal basis, is RCW 74.13.031, 74.13.060, and 74.13.337.WAC 110-50-1180 Purpose, is RCW 74.13.031 and 74.13.060.WAC 110-50-1190 Definitions, is 42 U.S.C., RCW 74.13.031, 74.13.060, and 74.13.337.WAC 110-50-1193 Assessing eligibility for unearned income, is 20 C.F.R. Part 404, RCW 74.13.031 and 74.13.060.WAC 110-50-1195 Applying for Social Security benefits, is 20 C.F.R. 416, RCW 74.13.031, 74.13.060, and 74.13.337.WAC 110-50-1200 Department responsibilities when unearned income is received, is 42 U.S.C. § 405, RCW 74.13.031, 74.13.060, and 74.13.337.WAC 110-50-1210 EFC youth receiving Social Security benefits, is 42 U.S.C. § 405, RCW 74.13.031, 74.13.060, 74.13.337, and SSB 5911.WAC 110-50-1215 Termination of the department's custody or representative payee status, is 42 U.S.C. § 405, RCW 74.13.031, 74.13.060, 74.13.337, and SSB 5911.WAC 110-50-1225 Responsibilities of the new representative payee to the SSA, is 20 C.F.R. Parts 404 and 416.WAC 110-50-1235 Final transfer of funds and accounting, is 42 U.S.C. § 405, RCW 74.13.031, 74.13.060, and 74.13.337.Statute Being Implemented: RCW 74.13.031, 74.13.060, 74.13.337, and SSB 5911. Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DCYF, governmental.Name of Agency Personnel Responsible for Drafting: Todd Wollen, Olympia, Washington, 360-972-5385; Implementation and Enforcement: DCYF, statewide.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.Is exempt under RCW 19.85.025(4).Explanation of exemptions: These rules do not have any impact to small businesses and updates are dictated by statute.Scope of exemption for rule proposal:Is fully exempt.September 23, 2026Brenda VillarrealRules CoordinatorRDS-7409.3AMENDATORY SECTION(Amending WSR 25-24-064, filed 12/1/25, effective 1/1/26)WAC 110-50-1170Legal basis ((for managing and using unearned income and resources for foster children and youth)).The legal basis for the department managing and using foster children's and youth's unearned income ((and resources)) are:(1) RCW 74.13.031; ((and))(2) RCW 74.13.060;(3) RCW 74.13.337;(4) 42 U.S.C. Chapter 7;(5) 20 C.F.R. Part 404; and(6) 20 C.F.R. Part 416.AMENDATORY SECTION(Amending WSR 25-24-064, filed 12/1/25, effective 1/1/26)WAC 110-50-1180Purpose.The ((department will apply for and use any unearned income and resources, including reimbursements, benefits, payments, funds, or accruals paid to or on behalf of children or youth in foster care to cover the amount of public assistance used on their behalf))purpose of WAC 110-50-1170 through 110-50-1235 is to outline the requirements for applying, managing, and using children's and youth's unearned income on their behalf to cover the cost of their care as outlined in RCW 74.13.060.AMENDATORY SECTION(Amending WSR 26-11-058, filed 5/19/26, effective 7/1/26)WAC 110-50-1190Definitions.The following definitions apply to this chapter:"Children" or "youth" means the same as defined in WAC 110-50-0920."Department" means the Washington state department of children, youth, and families."Extended foster care (EFC)" means the same as defined in RCW 74.13.020."Kin" means the same as defined in RCW 13.34.030."Parents" means the same as defined in RCW 26.26A.010."Out-of-home care" means the same as defined in RCW 13.34.030."Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by their tribal code or custom as relatives or extended family."Retirement, survivors, and disability insurance (RSDI)" means the same as the federal Old-Age, Survivors, and Disability Insurance Benefits as defined in 42 U.S.C. § 401-433."Social Security Administration (SSA)" means the federal agency that determines an individual's eligibility for and receipt of benefits from programs like RSDI, SSDI, and SSI, and holds the sole authority to designate and approve a representative payee to manage those benefits."Social Security Disability Income (SSDI)" means the same as defined in 42 U.S.C. § 423."Supplemental Security Income (SSI)" means the same as defined in 42 U.S.C. § 1381a."Unearned income" means funds, including benefits, payments, or accruals paid to or received on behalf of children and youth in court-approved out-of-home care from SSA or other sources.NEW SECTIONWAC 110-50-1193Assessing eligibility for unearned income.The department must assess whether children or youth placed in court-approved out-of-home care may meet SSA's eligibility requirements for Social Security benefits or are currently receiving them including, but not limited to:(1) SSI;(2) SSDI;(3) RSDI;(4) Veteran's benefits; or(5) Trusts for or other financial account for an Indian child held by a tribal government or Bureau of Trust Funds Administration.NEW SECTIONWAC 110-50-1195Applying for Social Security benefits.The department must:(1) Apply for Social Security benefits on behalf of eligible children and youth placed in court-approved out-of-home care when they may meet the requirements in WAC 110-50-1193 and:(a) The department has placement and care authority of them; and(b) They are placed in a fully licensed placement; or(c) The parents, relatives, kin, or guardians agree to or request assistance from the department; and(2) Notify children's and youth's caregivers and all legal parties to the dependency case when the department applies for benefits on their behalf.AMENDATORY SECTION(Amending WSR 26-11-058, filed 5/19/26, effective 7/1/26)WAC 110-50-1200Department ((requirements for managing and using unearned income and resources for eligible children and youth in foster care.))responsibilities when unearned income is received.The department must((:(1) Complete the following when managing and using foster children's and youth's unearned income and resources:(a) Notify their caregivers and all legal parties to the dependency case when the department applies for benefits on behalf of children and youth; and(b) Count the following as unearned income for foster children and youth unless exempted by the terms and conditions of the receipt of the income when they are eligible to receive:(i) SSI;(ii) SSDI;(iii) RSDI;(iv) Veteran's benefits;(v) Inheritances; or(vi) Any other payments; and(2) Use income not exempted to cover the child's cost of care, except for resources held in trust for an Indian child))complete the following for children or youth placed in court-approved out-of-home care when:(1) The SSA approves children or youth to receive Social Security benefits and has designated the department as the children's or youth's representative payee:(a) Manage their funds consistent with the federal SSA rules and regulations and RCW 74.13.060; and(b) Use their Social Security benefits toward the cost of care, unless the youth is participating in EFC; and(2) They receive other unearned income as outlined in WAC 110-50-1193 on behalf of children or youth:(a) Manage their funds consistent with RCW 74.13.060; and(b) Use their unearned income toward the cost of care, unless the:(i) Resources are held in trust for the benefit of children or youth, or distributed to children or youth, by a Tribal government or Bureau of Trust Funds Administration;(ii) Veteran's administration does not approve the department to manage benefits; or(iii) Income is exempted by the terms and conditions of the receipt of the income.AMENDATORY SECTION(Amending WSR 25-24-064, filed 12/1/25, effective 1/1/26)WAC 110-50-1210((Veteran's benefits for eligible children and youth in foster care.))EFC youth receiving Social Security benefits.The department ((may receive benefits on behalf of children or youth placed in out-of-home care by the court, when approved by the veteran's administration.))must assist youth in the EFC program receiving SSI, SSDI, and RSDI benefits to:(1) Become the designated payee for their Social Security benefits;(2) Manage ongoing eligibility for their benefits when the department is their designated representative payee;(3) Establish a financial account to receive their benefits if they are designated as their own payee;(4) Identify a suitable individual to serve as their authorized representative payee if they are not their own designated payee; and(5) If a suitable individual cannot be identified under subsection (4) of this section, the department may:(a) Remain the designated representative payee until a suitable individual is identified; and(b) Continue managing the youth's funds.NEW SECTIONWAC 110-50-1215Termination of the department's custody or representative payee status.The department will no longer be the children's and youth's representative payee when:(1) The SSA:(a) Designates an individual other than the department to manage the benefits; or(b) Approves an EFC youth to serve as their own payee; or(2) Children or youth no longer meet the requirements in WAC 110-50-1195.NEW SECTIONWAC 110-50-1225Responsibilities of new representative payees to the SSA.Newly appointed representative payees for SSA benefits, including EFC youth serving as their own payee, must maintain contact with the SSA and complete the following including, but not limited to:(1) Managing a dedicated bank account holding the children's or youth's funds;(2) Filing annual accounting reports detailing how the benefit funds were used;(3) Reporting changes to their income, resources, and living arrangement;(4) Updating their address and contact information within 10 days of a move; and(5) Completing period eligibility reviews as required by the SSA.NEW SECTIONWAC 110-50-1235Final transfer of funds and accounting.When the department's authority as representative payee ends as outlined in WAC 110-50-1215, they must:(1) Transfer all remaining funds directly to the newly appointed representative payee, unless the SSA directs otherwise; and(2) Provide the newly appointed representative payee with the children's or youth's benefit records, including all receipts and expenditures made while the department held the funds.