wa-26-19-144: Children, Youth, and Families, Department of — WSR 26-19-144

WSR 26-19-144 (26-19)WSR 26-19-144PROPOSED RULESDEPARTMENT OFCHILDREN, YOUTH, AND FAMILIES[Filed September 23, 2026, 11:43 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-08-013.Title of Rule and Other Identifying Information: Chapter 110-85 WAC, Guardianship assistance program (GAP) and extended guardianship assistance program (EGAP).All sections in chapter 110-85 WAC are being amended, except for WAC 110-85-0010 Legal basis for the department's guardianship assistance program (GAP) and extended guardianship assistance program (EGAP). No amendments were needed for this WAC.Hearing Location(s): On October 27, 2026, at 10:00 a.m., at Department of Children, Youth, and Families (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 24, 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: Child welfare division is amending chapter 110-85 WAC and creating a new WAC for this chapter. These changes are related to the centralization of the GAP and EGAP subsidies, the expansion of eligibility requirements for prospective guardians, additional clarification for the modification and effective dates of the GAP agreement, changes to suspensions of GAP agreements, and other housekeeping edits.These changes are necessary to reflect who is performing the duties related to GAP and EGAP subsidies based on regional need, and to reduce confusion, barriers, administrative burden for families and staff, and potential overpayments.Reasons Supporting Proposal: See purpose.Statutory Authority for Adoption: RCW 13.36.090, 74.13.031, 74.13.062, and 42 U.S.C. § 673.Statute Being Implemented: RCW 74.13.031.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: Governmental.Name of Agency Personnel Responsible for Drafting: Geene Delaplane, Ph.D., 1500 Jefferson Street S.E., Olympia, WA 98501, 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. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.Is exempt under RCW 19.85.025(4).Scope of exemption for rule proposal:Is fully exempt.September 23, 2026Brenda VillarrealRules CoordinatorRDS-7291.4AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0020Purpose.GAP:(1) 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))as outlined in:(a) RCW 11.130.215; or(b) Chapter 13.36 RCW; and(2) Encourages guardianships for children or youth in the legal custody of public or tribal child welfare agencies ((for whom))when permanency would not be an option if support for the child or youth was not available.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0030Definitions.The following definitions apply to this chapter:"Administrative law judge (ALJ)"((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 properly made or if no further agency appeal is available))means the same as defined in WAC 110-03-0020.(("Applicant" means individuals or couples applying for GAP on behalf of a child or youth for whom the individual or couple plans to be guardians.))"Department"((or "DCYF")) means the Washington state department of children, youth, and families."Extended guardianship assistance program (EGAP)"((or "EGAP")) means the ((department's extended guardianship assistance program (EGAP), for eligible youth 18 through 20 years of age))subsidies provided to eligible guardians by the department to assist with meeting the needs of the youth 18 through 20 years old in their care in a guardianship."Extended guardianship assistance program agreement" or "EGAP agreement" means a written binding agreement between the youth, the guardians, and the department that identifies the terms and conditions of the agreement and specific subsidies available to the guardians."EGAP payees" means either the:(a) Court-appointed guardians at the time the youth turned 18 years old; or(b) Individual listed on a fully executed GAP agreement as a potential successor guardian."Extenuating circumstances" means a finding by an ((administrative law judge or a review judge))ALJ that one or more qualifying conditions or events occurred that ((erroneously)) prevented ((an otherwise)) eligible ((child))children or youth from ((receiving a GAP subsidy))getting GAP subsidies before the guardianship was established.(("GAP" means the department's guardianship assistance program (GAP), for eligible children and youth birth to their 18th birthday.))"Guardian assistance program (GAP)" means the subsidies provided to eligible guardians by the department to assist with meeting the needs of the children and youth under 18 years old in their care in a guardianship."Guardians" means the individuals ((or couples)) who have been appointed by a court as ((a)) legal guardians of the ((child))children or youth in ((a)) chapter 13.36 RCW or RCW 11.130.215 guardianship. ((The term includes a coguardian, but does not include a guardian ad-litem.))"Guardianship" means a guardianship ((pursuant to))as outlined in chapter 13.36 RCW or a limited guardianship of a minor ((pursuant to))as outlined in chapter 11.130 RCW or equivalent laws of another state or a federally recognized Indian tribe."Guardianship assistance program agreement" or "GAP agreement" means a written ((contract))binding agreement between the guardians and the department that identifies the terms and conditions of the agreement and specific ((subsidy, per WAC 110-85-0040,))subsidies available to the guardians."Guardianship assistance program cash payment" or "GAP cash payment" means the negotiated monthly cash payments paid by the department to the guardians on behalf of the ((child))children or youth ((pursuant to a guardianship assistance program agreement))."Health care authority" means the same as defined in WAC 182-02-045."Indian children" means ((any unmarried and unemancipated Indian person who is under age 18 and is, as determined by the Indian child's tribe or tribes, one of the following:(a) A member of an Indian tribe; or(b) Is eligible for membership in an Indian tribe))the same as defined in WAC 110-110-0010."Medical services" means services covered by medicaid and administered by the ((state medical assistance administration))health care authority.(("Negotiation" means the process when the department and the applicant attempt to reach an agreement on the terms of the GAP agreement.))"Nonrecurring guardianship expenses" means expenses directly related to the cost of establishing the chapter 13.36 or 11.130 RCW guardianship of ((a)) dependent ((child))children or youth."Office of administrative hearings (OAH)" means the ((office of administrative hearings))same as defined in WAC 110-03-0020."Out-of-home care" means the same as defined in RCW 13.34.030."Proposed guardians" means individuals who are being considered and applying for GAP on behalf of the children or youth for whom they plan to be guardians for."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.(("Resident state" means the state in which the child or youth physically resides for purposes of their medicaid eligibility. In some cases, this may be different from the state of the guardian's legal residence."Subsidy" is a benefit))"Subsidies" are benefits given to ((an)) individuals by ((DCYF))the department including, ((but not limited to,))GAP cash payments ((and)), payments for services, and the nonrecurring guardianship expenses to support the care of eligible children and youth with a GAP agreement."Successor guardian" means an individual who ((has)) becomes the child's or youth's guardian by the court due to the death or incapacity of the original guardians and was named in the GAP agreement."Title IV-E administering agency" means ((DCYF))the department and federally recognized tribes with federally approved Title IV-E plans ((pursuant to))as outlined in section 471 of the Social Security Act or an approved operational agreement with ((DCYF))the department.((SUBSIDY AND ELIGIBILITY))GAP AND EGAP SUBSIDIES REQUIREMENTSAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0040((Subsidy))Subsidies that may be available to guardians through GAP.GAP may provide guardians the following ((subsidy))subsidies:(1) Reimbursement for nonrecurring guardianship finalization expenses;(2) GAP cash payments as negotiated by the guardians and the department; and(3) Medical services through ((the)) medicaid ((program; and(4) Evidence based programs contracted by the department to help stabilize the child or youth in the guardianship home if the department determines the programs are pertinent to the needs of the child or youth and family)).AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0050((Eligibility criteria for GAP.))Reimbursement for nonrecurring guardianship expenses.(((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 federally recognized tribe located in Washington state; and(c) Placed for at least six consecutive months with the prospective guardian who has been fully licensed and receiving foster care maintenance payments for at least six consecutive months.(2) The department must not use the applicants' income as a basis to determine the children's or youth's eligibility for GAP. However, the department will consider the applicant's income and other financial circumstances when determining the amount of the GAP cash payments.))(1) The department and guardians may negotiate nonrecurring guardianship expenses.(2) The department:(a) Must approve nonrecurring guardianship expenses prior to the funds being reimbursed;(b) Will not reimburse nonrecurring guardianship expenses:(i) If the guardianship is not finalized in court; or(ii) That are:(A) Not agreed to by the proposed guardians and department and specified in the GAP agreement; or(B) Reimbursable from other sources including, but not limited to:(I) Community aid; or(II) The guardians' employer; and(c) May reimburse:(i) Some or all the guardian's nonrecurring guardianship legal expenses associated with establishing the guardianship as specified in the agreement, which must not exceed $2,000 per child or youth; and(ii) The following nonrecurring guardianship expenses:(A) Court costs associated with establishing the guardianship;(B) Attorney fees directly related to finalizing a guardianship; and(C) Other legal costs directly related to establishing the guardianship.(3) The guardians must follow the reimbursement process as outlined in WAC 110-85-0060.((GAP APPLICATION AND AGREEMENT PROCESS))AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0060((Submitting the GAP application.))Reimbursement process for nonrecurring guardianship expenses.((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.))(1) Guardians requesting reimbursement for nonrecurring guardianship expenses must submit to the department a copy of the bills or receipts itemizing the expenses specified in the GAP agreement for which they are seeking reimbursement.(2) The department will reimburse documented actual costs for nonrecurring guardianship expenses up to the maximum amount specified in the GAP agreement, which must not exceed $2,000 per child or youth.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0070((GAP application process.))GAP subsidies and other financial programs to meet the children's and youth's basic needs.((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 GAP subsidy;(2) Verify the eligibility criteria in WAC 110-85-0050 continues to be met;(3) Negotiate the GAP cash payment amount with the applicant;(4) Complete the GAP agreement and request the applicant's signature on the agreement; and(5) Provide a copy of the signed agreement to the applicant.))Guardians:(1) May not receive both foster care payments and GAP cash payments for children or youth. Payments must not overlap for the same date or it will create an overpayment that the guardians must pay back; and(2) Receiving GAP cash payments for a child or youth are not eligible for cash assistance through the nonneedy relative, in loco parentis, or legal guardian grant through the department of social and health services community services office.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0080((GAP agreement purpose.))GAP subsidies and residential treatment placement services.(((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 and conditions that DCYF and the guardian must follow.))If children or youth need residential treatment services, no additional GAP subsidies will be provided to pay for it.GAP AND ELIGIBILITYAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0090GAP ((agreement))eligibility requirements.((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 includes:(a) The child or youth is eligible for medical services through medicaid;(b) GAP subsidy will continue as long as the child or youth is eligible, regardless of where the guardianship family resides;(c) A change in the guardianship family's circumstances or the child's or youth's needs may warrant further renegotiation and adjustment of the GAP cash payment as mutually agreed by the guardian and the department. The terms of the agreement may be modified under the requirements of WAC 110-85-0140;(d) The basis for termination or suspension of subsidy under the agreement; and(e) The name of a successor guardian in the event of the guardian's incapacity or death.))(1) For prospective guardians to be eligible for GAP, they must:(a) Be licensed foster parents at the time the guardianship is established; and(b) Have been the children's or youth's foster parents and receiving foster care maintenance payments for at least six consecutive months before the guardianship order is entered by the court.(2) For children or youth to be eligible for GAP, they must be:(a) Under 18 years old when the department and the proposed guardians sign the GAP agreement and the court enters the order establishing the guardianship;(b) A dependent of a Title IV-E administering agency or federally recognized tribe located in Washington state; and(c) Placed with the prospective guardians who meet the requirements in subsection (1) of this section.(3) The department must not use the proposed guardians' income as a basis to determine the children's or youth's eligibility for GAP. However, the department will consider the proposed guardians' income and other financial circumstances when determining the amount of the GAP cash payments.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0100((Factors that determine the amount of the GAP cash payment.))EGAP eligibility requirements.(((1) The amount of the GAP cash payment is determined by negotiations between the applicant and the department based on the following factors:(a) The child's or youth's needs and the applicant's circumstances. The agreed GAP cash payment and applicant's resources should combine to cover the child's or youth's current and anticipated ordinary and special needs projected over the period of the GAP agreement.(b) The applicant's foster care maintenance payment level, which is based on the level they were receiving prior to the guardianship.(c) The GAP monthly subsidy amount, which cannot exceed the following statutory caps for foster care maintenance payments for the child or youth if they had remained in foster care during the same period:(i) Infants and children birth through age four may receive up to 80 percent of the foster care maintenance payment.(ii) Children age five through nine may receive up to 90 percent of the foster care maintenance payment.(iii) Children or youth age 10 to 18 may receive up to 95 percent of the foster care maintenance payment.(d) The family circumstances including, but not limited to:(i) Size, including the identified child or youth for whom the guardianship applies;(ii) Normal living expenses;(iii) Income;(iv) Guardianship family's financial resources; and(v) Additional miscellaneous expenses related to the child or youth.(2) The department must not consider previously approved child care, medical related expenses, or exceptional costs when calculating the GAP subsidy amount.(3) Under no circumstances may the amount of the GAP cash payment exceed the statutory cap for the maintenance payment, under RCW 74.13A.047. DCYF has adopted the percentage caps in adoption support under RCW 74.13A.047.))(1) When youth turn 18 years old the GAP agreement will end, but they may be eligible for EGAP.(2) For EGAP monthly cash payments and other subsidies to continue after the youth reaches 18 years old, EGAP payees must meet one of the following eligibility requirements, be:(a) The current guardians;(b) Previously court-appointed guardians; or(c) The individual named as a successor guardian in the last GAP agreement and all household members 16 years and older have passed a background check.(3) The youth and EGAP payees must complete a joint EGAP application to be eligible for EGAP.(4) The youth or EGAP payees must annually reapply for EGAP and demonstrate the:(a) Youth continues to meet at least one of the eligibility criteria for guardianship subsidies as outlined in RCW 74.13.031; and(b) EGAP payees agree to provide ongoing support of the youth.GAP AND EGAP AGREEMENT REQUIREMENTSAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0110((Effective date of the GAP agreement.))GAP and EGAP agreement purpose.((The GAP agreement must be signed prior to entry of the order establishing guardianship. The agreement takes effect on the date the court enters an order establishing the guardianship.))The purpose of the GAP and EGAP agreements are to define terms of financial and medical assistance provided to qualified proposed guardians by the department on behalf of eligible children and youth.((NONRECURRING GUARDIANSHIP EXPENSES))AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0120((Reimbursement for nonrecurring guardianship expenses.))Initial GAP application process.(((1) The department will reimburse some or all of the guardian's nonrecurring guardianship expenses associated with establishing the guardianship and as specified in the agreement up to $2,000 per child or youth.(2) The department will reimburse for the following nonrecurring guardianship expenses:(a) Court costs associated with establishing the guardianship;(b) Attorney fees directly related to finalizing a guardianship;(c) Costs associated with a home study; and(d) Other costs directly related to establishing the guardianship of the child or youth.(3) The department will not reimburse nonrecurring guardianship expenses that are reimbursable from other sources including, but not limited to, the guardian's employer.))(1) The proposed guardians must complete and submit the initial GAP application to the department prior to the finalization of the guardianship in court.(2) The department will complete the following when they receive completed initial GAP applications:(a) Verify the eligibility criteria in WAC 110-85-0090 is met;(b) Complete the following when eligibility criteria is met:(i) Negotiate the GAP cash payment amount with the proposed guardians;(ii) Complete the GAP agreements;(iii) Obtain signatures on the agreements from the:(A) Proposed guardians; and(B) Department; and(iv) Provide a copy of the signed agreements to the proposed guardians.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0130((Reimbursement process.))GAP agreement requirements.(((1) Guardians requesting reimbursement must submit to the department a copy of the bills or receipts itemizing the expenses specified in the agreement for which they are seeking reimbursement.(2) The department must reimburse documented actual costs up to the maximum amount specified in the agreement, which must not exceed $2,000 per child or youth.))GAP agreements must be signed by the proposed guardians and department before the court orders the guardianship and must include the following:(1) The amount of any GAP cash payments the department will make to the guardians on behalf of the child or youth; and(2) Statements that include the:(a) Children or youth may be eligible for medical services through medicaid;(b) GAP subsidies will continue as long as the children or youth are eligible, regardless of where the guardianship families reside;(c) Notification that changes in the guardianship family's circumstances or the child's or youth's needs may require a modification of the GAP cash payment as mutually agreed to by the guardians and the department. The terms of the agreement may be modified as outlined in WAC 110-85-0190;(d) Basis for termination or suspension of subsidy by the agreement; and(e) Name of a successor guardian in the event of the guardian's incapacity or death.((GAP AGREEMENT MODIFICATION, SUSPENSION, AND TERMINATION))AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0140((Modification of GAP agreement.))Factors that determine the amount of the GAP cash payments.(((1) The terms of a GAP agreement may be modified only if both the guardian and the department agree to the modification. The department will consider a modification when:(a) Requested by the guardian;(b) Specific circumstances warrant renegotiation and adjustment of the GAP cash payment as determined by the department; or(c) The child or youth is placed outside of the guardian's home and the guardian is not providing financial or other support for the care of the child or youth.(2) Guardians may request a modification to the GAP agreement at any time.(3) When guardians request to modify their GAP agreement's cash payment:(a) Guardians must:(i) Submit their request in writing to the regional GAP gatekeeper explaining how the child's or youth's needs or circumstances of the family have changed.(ii) Provide supporting documentation upon the department's request.(b) The regional GAP gatekeeper must initiate a review of the GAP agreement no later than 30 calendar days after receipt of the guardian's request for modification.(c) Guardians and the department will renegotiate the GAP cash payment.(4) If the guardians and the department agree to modify the GAP agreement:(a) The regional GAP gatekeeper will use the date the department received the guardian's written request for the modification as the effective date on the modified GAP agreement.(b) Guardians and the department must sign an amendment to the GAP agreement.(5) If the guardians and department cannot reach an agreement on the modification, the department will deny the guardian's request for modification and provide them with written notice of the denial and their right to appeal the denial, per chapter 110-03 WAC.))(1) The department and proposed guardians must negotiate the amount of the GAP cash payments based on the following factors, the:(a) Child's or youth's needs and the proposed guardians' circumstances;(b) Proposed guardians' foster care maintenance payment level, which is based on the level they were receiving prior to the guardianship;(c) GAP cash payment amount does not exceed the statutory caps for foster care maintenance payments as outlined in RCW 74.13A.047 for the child's or youth's age at the time the guardianship is established;(d) Children's or youth's needs and circumstances including, but not limited to:(i) Health;(ii) Education; and(iii) Miscellaneous expenses related to the child or youth; and(e) Family circumstances including, but not limited to:(i) Size of the family, including the identified child or youth for whom the guardianship applies;(ii) Normal living expenses;(iii) Income;(iv) Guardianship family's financial and community resources; or(v) Additional miscellaneous expenses related to the child or youth.(2) The department does not provide funding for the following expenses once the guardianship is established in court:(a) Child care;(b) Medical related expenses;(c) Exceptional costs;(d) Costs for travel;(e) Costs for visitation, including travel and supervision;(f) Mileage;(g) Contracted services;(h) Clothing allowances; and(i) Future services for the child or youth not covered through medicaid.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0150((Suspension of GAP agreement subsidy.))GAP agreement effective date.(((1) The department may suspend a guardian's GAP agreement subsidy if:(a) They cannot establish that the:(i) Guardian is legally responsible for the support of the child or youth; or(ii) Child or youth is receiving any support from the guardians.(b) They have provided notice to the guardian of the department's determination under (a)(i) or (ii) of this subsection and of their intent to suspend the GAP subsidy payment in 30 calendar days and the guardian does not provide documentation within that time frame to refute the department's determination; and(c) The guardian fails to provide satisfactory documentation that the guardian is legally responsible for the support of the child or youth or that they are providing support to the child or youth.(2) If the guardian:(a) Provides the department with satisfactory documentation of continued legal responsibility or financial support for the child or youth, the subsidy will not be suspended.(b) Fails to provide the department satisfactory documentation, the department must send a notice stating the date the subsidy will be suspended. When this occurs, the guardian has a right to request an administrative hearing to challenge the suspension and the department must provide notice of that right, per chapter 110-03 WAC.))(1) The department and the guardians must sign the GAP agreements before the court establishes the guardianship.(2) The initial GAP agreements will take effect on the date the court enters an order establishing the guardianships.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0160((Circumstances to terminate the GAP agreement.))EGAP application and subsidies.((The GAP agreement will be terminated if the terms of the GAP agreement are not met or any one of the following events occur:(1) The youth reaches 18 years of age and the GAP agreement is not eligible to be extended under WAC 110-85-0210;(2) The youth turns 21 years of age;(3) The child or youth dies;(4) The guardian of the child or youth dies or becomes incapacitated, unless a successor guardian has been named in:(a) The GAP agreement and named successor guardian becomes the guardian; or(b) An amended GAP agreement and the named successor guardian becomes the guardian;(5) The child or youth is under 18 years old and the department determines the child or youth is no longer receiving any support from the guardian or the guardian is no longer legally responsible for the child or youth; or(6) Upon the request of the guardian.))(1) The youth and EGAP payees must complete a joint EGAP application to receive EGAP subsidies when the youth are between 18 and 21 years old.(2) EGAP payees must complete the following to receive EGAP subsidies:(a) Demonstrate the youth received GAP subsidies prior to their 18th birthday and is not 21 years old; and(b) Provide:(i) Documentation showing the youth meets at least one of the eligibility criteria for guardianship subsidies outlined in RCW 74.13.031; and(ii) Support to the youth throughout the duration of the EGAP agreement.(3) EGAP adults that are eligible will receive monthly cash payments that:(a) Are equal to the negotiated GAP subsidy until the youth reaches their 19th birthday if the youth is still enrolled in high school or its equivalency or post-secondary education and living at home with the guardian; and(b) Do not exceed $1,140 per month after the youth reaches their:(i) Eighteenth birthday and does not meet the criteria in (a) of this subsection; or(ii) Nineteenth birthday.(4) The youth and EGAP payees may apply or reapply to the EGAP program until the youth's 21st birthday as circumstances change.(5) The department must terminate the EGAP agreements and subsidies on the youth's 21st birthday.GAP AND EGAP FAMILY REQUIREMENTSAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0170((Guardian's right to an administrative hearing.))Guardian's requirements for reporting changes in circumstances.(((1) Guardians have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department actions:(a) Failure to respond with reasonable promptness to a written application for modification or request for services;(b) Denial of a written request to modify the GAP cash payment or preauthorized services in the GAP agreement;(c) Delay of more than 30 calendar days when responding to a written request for modification of the GAP agreement;(d) Denial of a request for nonrecurring guardianship expenses;(e) Suspension of GAP subsidy; and(f) Termination of GAP subsidy.(2) To request an administrative hearing, guardians must submit a request to the OAH within 90 calendar days of receipt of any of the department's decisions listed in subsection (1) of this section.(3) The OAH must apply the rules in this chapter.))(1) Guardians must inform the department within 30 calendar days of any changes in circumstances that might affect the child's or youth's eligibility for GAP and EGAP subsidies. Failure to report a change in circumstances may result in:(a) Overpayments that will require the guardians to repay the department;(b) Missed payments; or(c) A suspension of their GAP or EGAP subsidies.(2) Changes in circumstances that must be reported include, but are not limited to:(a) Significant changes in the children's or youth's physical, mental, or behavioral condition;(b) The guardians' marital status;(c) The legal or physical custody of the children or youth;(d) The children's or youth's physical address;(e) The family's mailing address;(f) The children's or youth's enrollment in school; or(g) Changes to the youth's eligibility criteria for EGAP subsidy.((SUBSIDY RELATED QUESTIONS))AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0180((GAP subsidies and other financial programs to meet the children's and youth's basic needs.))Guardianship family resides in or moves to another state.(((1) Guardians may not receive foster care payments for a child or youth while receiving GAP cash payments for the same child or youth.(2) If the guardian is receiving a GAP cash payment for a child or youth, they are not eligible for a nonneedy relative grant, in loco parentis, or legal guardian grant through the department of social and health services community services office.(3) Guardians may not request GAP subsidies after finalizing the guardianship, unless an extenuating circumstance described in WAC 110-85-0250 exists.))When guardianship families reside in or move to another state, their GAP and EGAP subsidies are affected as follows:(1) Washington state remains responsible for any GAP or EGAP cash payments;(2) For children or youth that are eligible for Title IV-E medical services through the Washington state medicaid program:(a) The state in which the guardian family resides is responsible for providing the children's or youth's medical subsidies; and(b) If the state in which the guardian family resides has a medical plan that does not cover a service the children or youth needs, it remains Washington state's responsibility to provide the needed service, subject to the requirements of Washington state's medicaid plan;(3) When children or youth are not eligible for Title IV-E medical services through the Washington state medicaid program, their medicaid eligibility is contingent on the requirements of the state in which the guardian family resides; and(4) The Washington state guardianship order and visitation plan remains in place.REQUIREMENTS FOR MANAGING THE GAP AGREEMENTAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0190((Duty to inform the department of a family's change in circumstance.))GAP agreement modifications.(((1) Guardians must inform the department's regional GAP gatekeeper within 30 days of the change in circumstance that might affect the child's or youth's eligibility for GAP subsidy. Failure to report a change in circumstance may result in:(a) An overpayment;(b) Missed payment;(c) Lead to modification of their agreement; or(d) A suspension of their GAP subsidy.(2) Changes in circumstance that must be reported include, but are not limited to:(a) Significant changes in the child's or youth's physical, mental, or behavioral condition;(b) The guardian's marital status;(c) The legal or physical custody of the child or youth;(d) The family's mailing address;(e) The child's or youth's enrollment in school; or(f) Changes to the youth's eligibility criteria for EGAP subsidy.))(1) The terms of a GAP agreement may be modified only if the guardians and the department agree to the modifications.(2) Guardians may request modifications to their existing GAP agreement at any time when there are changes in the:(a) Children's or youth's needs; and(b) Guardian family's situation.(3) When guardians request to modify their GAP agreement's cash payment:(a) They must:(i) Submit their request in writing to the department explaining how the children's or youth's needs or circumstances of the family have changed;(ii) Complete the application process; and(iii) Provide supporting documentation for the modification requests when requested by the department;(b) The department will initiate a review of the GAP agreements no later than 30 calendar days after receipt of the guardians' request for modifications; and(c) The guardians and department must renegotiate the GAP cash payments.(4) When the guardians and department have an agreement to modifications in the GAP agreement, the:(a) Guardians and department must sign an amendment to the GAP agreement; and(b) Department will use the date the modified GAP agreement is signed by the guardians and the department as the effective date.(5) If the guardians and department cannot reach an agreement on the modifications, the department will deny the guardian's request for modifications and provide them with written notice of the denial and their right to appeal the denial, as outlined in chapter 110-03 WAC.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0200((Guardianship family resides in or moves to another state.))Suspension of GAP agreements and subsidies.((If the guardianship family resides in or moves to another state, the GAP subsidy is affected as follows:(1) The Washington state department remains responsible for any GAP cash payments; and(2) Medical services:(a) If the child or youth is eligible for Title IV-E medical services through the medicaid program, the state in which the guardian family resides is responsible for providing their medical benefits; and(b) If the resident's state plan does not include the needed service that Washington state's medicaid plan includes, then it remains Washington state's responsibility to provide the needed service subject to Washington state's medicaid plan's limits and requirements.))(1) The department may suspend guardians' GAP agreements and subsidies when the:(a) Department cannot establish that the guardians are:(i) Legally responsible for the children or youth; or(ii) Financially supporting the children or youth;(b) Children or youth have returned to the placement and care authority of the department and the guardians fail to comply with the department's plan for reunification with them; or(c) Guardians request suspension of their GAP agreement.(2) The department must complete the following before suspending the guardians' GAP agreements and subsidies:(a) Provide written notice to them stating the:(i) Department's reason for the proposed suspension; and(ii) Intended effective date of the suspension, which must be 30 calendar days from the date of notice; and(b) Allow the guardians 30 calendar days to submit documentation contesting the department's determination.(3) The GAP agreements and subsidies must:(a) Be suspended if the guardians fail to provide satisfactory documentation within the time frame specified in subsection (2)(b) of this section; or(b) Not be suspended if the guardians provide satisfactory documentation demonstrating:(i) Continued legal responsibility or financial support for the children or youth;(ii) Cooperation with the department's plan for reunification; or(iii) The children or youth are returning to the guardians' home.(4) The department must issue a final notice of suspension that includes the:(a) Effective date of the suspension; and(b) Guardian's right to request an administrative hearing as outlined in chapter 110-03 WAC.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0210((EGAP agreement and subsidy program.))Termination of GAP and EGAP agreements.(((1) The GAP agreement subsidy may be extended when the youth reaches 18 years of age and the following criteria is met:(a) The guardian contacts the regional GAP gatekeeper prior to the youth's 18th birthday:(i) To request services continue; and(ii) Provides documentation of their continued eligibility, per WAC 110-85-0050.(b) They meet the eligible criteria for the guardianship subsidies in RCW 74.13.031.(2) If subsection (1)(a) and (b) of this section occurs:(a) The department may enter into an EGAP agreement so long as the youth continues to meet at least one eligibility criteria and the guardian continues to provide ongoing support or the youth turns 21.(b) Under no circumstances may the department continue the EGAP agreement beyond the youth's 21st birthday.(c) The guardian will continue to receive the GAP cash payments.(3) To transfer EGAP to a successor guardian, they must have been named as the successor guardian on the GAP agreement.))The department will:(1) Terminate the:(a) GAP agreements if any of the following events occur:(i) The terms of the GAP agreement are not met;(ii) The youth reaches 18 years old;(iii) The child or youth dies;(iv) The guardians die or become incapacitated, unless a successor guardian has been named as outlined in WAC 110-85-0220;(v) The guardians request the termination; or(vi) The children or youth are younger than 18 years old and the department determines the:(A) Children or youth are no longer receiving financial support from the guardians; and(B) Guardians are no longer legally responsible for the children or youth; or(b) EGAP agreements if any of the following events occur:(i) The terms of the EGAP agreement are not met;(ii) Youth reaches 21 years old;(iii) Youth dies;(iv) EGAP payee dies or become incapacitated, unless an EGAP payee has been named as outlined in WAC 110-85-0220; or(v) Guardians or youth request the termination; and(2) Issue a final notice of termination that includes:(a) The effective date of termination; and(b) Notice of the guardians' right to request an administrative hearing as outlined in chapter 110-03 WAC.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0220((Transferring GAP subsidy to a subsequent successor guardian.))GAP subsidies and placement in out-of-home care.(((1) In the event of the death or incapacity of the guardian, the GAP subsidy will transfer to the successor guardian named in the GAP agreement.(2) The GAP agreement must be amended when the named successor guardian becomes the guardian.(3) Before the GAP cash payment is transferred to the successor guardian:(a) The successor guardian and all individuals aged 16 and older living in the successor guardian's home must pass the department's background check requirements.(b) The successor guardian must establish guardianship of the child or youth.(4) The successor guardian does not need to be a relative or have a foster care license to receive the GAP subsidy.))When guardians are receiving GAP subsidies for children and youth and they are placed in out-of-home care, the department may:(1) Continue the GAP subsidies during their placement in out-of-home care as long as:(a) The guardians:(i) Cooperate with the department or federally recognized tribe's plan to mitigate the circumstances that brought the children or youth into care; and(ii) Provide documentation demonstrating continued financial support for the children or youth; and(b) The department or federally recognized tribe's plan is reunification with the guardians;(2) Suspend the GAP agreements as outlined in WAC 110-85-0200; and(3) Terminate the GAP agreements as outlined in WAC 110-85-0210.AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0230((GAP subsidies and residential treatment placement services.))Transferring GAP and EGAP subsidies to a successor guardian.((If a child or youth needs residential treatment, no additional GAP subsidies will be provided to pay for residential treatment placements.))(1) Guardians may request to amend the successor guardian named in the GAP and EGAP agreement in writing at any time.(2) The GAP or EGAP agreement and subsidies will transfer to the successor guardian if they are named in the GAP or EGAP agreement, when the guardian dies or is incapacitated, and the successor guardian has completed the following:(a) They have passed a background check as outlined in chapter 110-04 WAC;(b) All household members 16 years and older have passed background checks as outlined in chapter 110-04 WAC; and(c) They have established guardianship of the child or youth, unless the youth is over 18 years old.(3) Successor guardians do not need to be a relative, have a home study, or be a licensed foster parent to receive the GAP or EGAP subsidies.(4) When the youth are older than 18 years old, the court does not need to appoint successors as their legal guardians for the purpose of EGAP.(5) The department will amend the GAP and EGAP agreements when the requirements in subsection (2) of this section are met.ADMINISTRATIVE HEARINGS AND EXTENUATING CIRCUMSTANCESAMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0240((GAP subsidy and out-of-home placement.))Guardians' rights to an administrative hearing.((If children or youth are receiving GAP subsidy and are placed in out-of-home care, the department may:(1) Continue the GAP subsidy during their out-of-home placement as long as the permanency plan is to return home.(2) Terminate the GAP agreement, per WAC 110-85-0160, if the guardian is no longer legally responsible for the child or youth.))(1) Guardians have the right to request an administrative hearing, as outlined in chapter 110-03 WAC, to appeal the following actions by the department:(a) Denial of a written request to modify their GAP cash payment in the GAP agreement;(b) Delay of more than 30 calendar days when responding to a written request for modification of the GAP agreement;(c) Denial of a request for nonrecurring guardianship expenses;(d) Suspension of their GAP subsidies;(e) Termination of their GAP subsidies; and(f) When issued notice of overpayments.(2) To request an administrative hearing, guardians must submit a request to the OAH within 90 calendar days of receipt of any of the department's decisions listed in subsection (1) of this section.(3) The OAH must apply the rules in this chapter.((EXTENUATING CIRCUMSTANCES))AMENDATORY SECTION(Amending WSR 24-11-074, filed 5/15/24, effective 6/15/24)WAC 110-85-0250Applying for extenuating circumstances.(((1) If both the child or youth and guardian met eligibility requirements in WAC 110-85-0050 before the guardianship was established, but the guardian did not have a GAP agreement, the guardian may still obtain the subsidy if an ALJ makes a finding of extenuating circumstances through an administrative hearing, per chapter 110-03 WAC.(2) If the guardians believe extenuating circumstances exist, the:(a) Guardians must apply for GAP subsidy.(b) Department will deny the application.(c) Guardians may then request a review by an ALJ to determine if extenuating circumstances exist that authorized the guardian and the department to enter into a GAP agreement after the guardianship has been established.(3) An ALJ may make a finding of extenuating circumstances if one or more of the following situations exist:(a) The agency that placed the child or youth for guardianship was aware of relevant facts regarding the child or youth, the biological family, or child's or youth's background that were not presented to the guardian prior to the guardianship;(b) The department gave erroneous advice or made an erroneous determination that a child or youth is ineligible for GAP; or(c) The department failed to advise the guardian regarding the availability of GAP.(4) If an administrative hearing results in the finding of extenuating circumstances, the effective date of a GAP agreement is the date the guardianship was established, unless the guardianship was established two or more years prior to the date of the order finding extenuating circumstances.(5) Under no circumstances may the department back date a GAP agreement more than two years from the date of the order finding extenuating circumstances, which authorizes the department to enter a GAP agreement.))(1) When guardians request GAP subsidies after the guardianship was finalized and they do not have a GAP agreement signed by all parties, they may receive GAP subsidies if:(a) The children or youth and guardians met the eligibility requirements in WAC 110-85-0090 prior to the finalization of the guardianship; and(b) An ALJ made a finding of extenuating circumstances.(2) Guardians requesting GAP subsidies after the guardianship has been finalized must follow WAC 110-85-0120 to submit a GAP application.(3) The department will:(a) Review applications and verify eligibility; and(b) Notify guardians that:(i) Meet the eligibility criteria that:(A) Their GAP applications were denied; and(B) They have a right to an administrative hearing; and(ii) Do not meet the eligibility criteria that they cannot receive a finding of extenuating circumstance or the GAP subsidy.(4) Guardians may then request an administrative hearing to have an ALJ determine if extenuating circumstances exist.NEW SECTIONWAC 110-85-0260Administrative hearings and findings for extenuating circumstances.(1) ALJs will conduct administrative hearings as outlined in chapter 110-03 WAC when requests are received by guardians to determine whether a finding of extenuating circumstances exists based on the following criteria, the department:(a) Was aware of relevant facts about the children or youth or their backgrounds, or their biological families that were not given to the guardians prior to the guardianship;(b) Provided incorrect information to the guardians;(c) Made an inaccurate determination that the children or youth were ineligible for GAP; or(d) Failed to inform the guardians of the availability of GAP subsidies.(2) When administrative hearings result in findings of extenuating circumstances:(a) The department and guardians will follow WAC 110-85-0120 to negotiate and finalize the GAP agreement; and(b) The effective date of the GAP agreement is:(i) The date the guardianship was established; or(ii) Up to two years before the date of the order finding extenuating circumstances, whichever is later.