Foster Care WAC Changes

Rulemaking Update

The updated Washington Administrative Code (WAC) Chapter 110-148 is expected to take effect on Jan. 4, 2027.  

Project Timeline

  • Fall 2023: Foster Care NRM Preparation
  • Winter, Spring, and Summer 2024: Foster Care NRM Development and Hybrid Negotiation
  • Fall 2024 and Winter 2025: Foster Care NRM Virtual Negotiations
  • Summer 2025: WAC Internal Comments, AAG Review, and Leadership Review
  • Fall 2025: Internal DCYF work on updating policies, procedures, and other licensing requirements. 
  • Spring 2026: Tribal engagement sessions
  • Fall 2026:
    • Rules were withdrawn in early October. Public comment will reopen soon!
    • Finalize the updated WAC Chapter and train licensing staff.
  • Jan. 4, 2027: Updated foster care licensing requirements are expected to take effect  

Licensing Approach

DCYF's Licensing Division (LD) is using a Strength-Based Approach and Collaborative Compliance. The goal is to build positive relationships and better support the communities we serve.

Tribal Engagement Sessions

Sessions will take place throughout 2026. The Office of Tribal Relations will send invitations. DCYF internal workgroups updated the home study, forms, and procedures. These updates included Tribal Child Placing Agencies.

D.S. Settlement

The lawsuit D.S. v. DCYF brought by Disability Rights Washington resulted in the D.S. Settlement. The settlement requires DCYF to improve services for children with behavioral health and developmental disabilities to reduce the use of unstable or inappropriate placements. DCYF committed to eight system improvements, including updates to the licensing standards and policies for foster care. The WAC has evolved as over 200 DCYF staff, Tribal representatives, foster parents from across the state, negotiated rulemaking members, and community members participated in multiple reviews.

Negotiated Rulemaking

LD is updating the foster care licensing rules (WAC 110-148) as part of the D.S. Settlement. We use Negotiated Rulemaking (NRM), which is a process where people affected by the rules help create them. This approach has several benefits:

  • Better public access to the rulemaking process.
  • Rules that are more culturally and developmentally appropriate.
  • Clearer understanding of what the rules are meant to do.
  • Higher compliance with rules.

You will notice that we are moving away from the "negotiated rulemaking" language to "WAC changes" now that that part of the process has ended.

For project updates, read the semi-annual report.