Section 192-500-195 - Placement(1) For the purposes of qualifying for paid family leave to bond with a child under RCW 50A.05.010, "placement" means the adoptive, guardianship, foster care, nonparental custody placement, or legal adoption of a child under the age of 18 with the employee. A placement is considered:(a) An adoptive placement when the employee is legally and permanently assuming the responsibility of raising the child as their own, and the placement of the child into the employee's home is made through a private arrangement, a child placement agency, or a government agency;(b) A guardianship placement when the employee is granted guardianship of a child by court order, and the child is placed in the home under:(iii) Any other applicable guardianship that reflects the purpose, permanency, and legal authority of guardianships under Titles 11 and 13 RCW, including guardianships granted out of this state or country;(c) A foster care placement when the employee is providing care for a child placed in the employee's home. Such placements must involve voluntary or involuntary removal of the child from the child's parents or guardian, and an agreement between a government agency and the foster family that the foster family will take care of the child. Although foster care placement may be with a relative of the child or another individual who may not have a foster care license, government agency action must be involved in the removal of the child;(d) A nonparental custody placement when the child is placed into the home of the employee by court order granting the employee nonparental custody; or(e) A legally finalized adoption as described in chapter 26.33 RCW.(2) For the purposes of this section, a "government agency" may include an agency of any branch of government at the county, state, or federal level, or a foreign jurisdiction.(3) The entitlement to paid family leave benefits for placement of a child expires at the end of the 12-month period: (a) From the date the child was first placed in the home; or(b) From the date the child's adoption was legally finalized as described in chapter 26.33 RCW if no leave was taken within 12 months of when the child was first placed in the home.(4) When applying for paid family leave to bond with a child, the employee must provide documentation referenced in WAC 192-610-025 to verify placement of the child.(5) Qualifying paid family leave to bond with a child placed for adoption, guardianship, foster care, or nonparental custody does not include:(a) Any arrangement where the child is already in the care and custody of a parent and remains in that same parent's care and custody;(b) Any arrangement where a child is returned to the care and custody of a parent or is placed with a parent whose entitlement to family leave to bond with that child has already expired; and(c) Any adoptive, guardianship, foster care, or nonparental custody placement of a child with an employee that occurs more than 12 months after that child is first placed in the employee's home, except for leave taken under subsection (1)(e) of this section.(6) An employee is only entitled to a maximum of 12 weeks of family leave for the placement of a child.Wash. Admin. Code § 192-500-195
Adopted by WSR 20-20-073, Filed 10/2/2020, effective 11/2/2020Amended by WSR 23-11-083, Filed 5/17/2023, effective 7/1/2023Amended by WSR 24-11-070, Filed 5/14/2024, effective 6/14/2024