SOCIAL AND HEALTH SERVICES
[Filed December 11, 1998, 3:22 p.m.]
Date of Adoption: December 11, 1998.
Purpose: Reduce injury to children in foster home settings by prohibiting use of wheeled baby walkers and improve security with the clarification on the storage of firearms in foster homes.
Citation of Existing Rules Affected by this Order: Amending WAC 388-73-012 and 388-73-104.
Statutory Authority for Adoption: RCW 74.15.030, 74.08.090.
Adopted under notice filed as WSR 98-20-042 on September 30, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 2, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 2, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
December 11, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
AMENDATORY SECTION (Amending Order 3969, filed 4/24/96, effective 5/25/96)
WAC 388-73-012 Definitions. ((
(1))) Terms defined under
chapter 74.15 RCW shall have the same meanings when used in this
chapter except as otherwise provided herein.
(2))) "At-risk youth" means a juvenile:
(a))) (1) Who is absent from home for at least seventy-two
consecutive hours without consent of his or her parent;
(b))) (2) Who is beyond the control of his or her parent
such that the child's behavior endangers the health, safety, or
welfare of the child or any other person; or
(c))) (3) Who has a substance abuse problem for which
there are no pending criminal charges related to the substance
(3))) "Capacity" means the maximum number of persons under
care at a given moment in time.
(4))) "Child," "youth," and "juvenile" means any
unemancipated individual under the chronological age of eighteen
years of age.
(5))) "Child in need of services" means a juvenile:
(a))) (1) Who is beyond the control of his or her parent
such that the child's behavior endangers the health, safety, or
welfare of the child or other person;
(b))) (2) Who has been reported to law enforcement as
absent without consent for at least twenty-four consecutive hours
from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more
separate occasions; and
(i))) (a) Has exhibited a serious substance abuse problem;
(ii))) (b) Has exhibited behaviors that create a serious
risk of harm to the health, safety, or welfare of the child or
any other person; or
(c)(i))) (3)(a) Who is in need of necessary services,
including food, shelter, health care, clothing, educational, or
services designed to maintain or reunite the family;
(ii))) (b) Who lacks access, or has declined, to utilize
these services; and
(iii))) (c) Whose parents have evidenced continuing but
unsuccessful efforts to maintain the family structure or are
unable or unwilling to continue efforts to maintain the family
(6))) "Developmentally disabled person" means an
individual suffering from a mental and/or physical deficiency
rendering the individual incapable of assuming responsibilities
expected of the socially adequate person, including self-direction, self-support, and social participation.
(7))) "Firearm" means a gun, weapon or device from which a
projectile or projectiles may be fired. Firearms include, but
are not limited to, BB guns, pellet guns, air rifles, stun guns,
antique guns, bows and arrows, pistols, rifles, and shotguns.
"Full-time care provider" or "full-time care facility" means a foster family home for children or expectant mothers, group care facility, maternity home, crisis residential center, and juvenile detention facility.
(8))) "Infant" means a child under one year of age.
(9))) "Multidisciplinary team" means a group formed to
provide assistance and support to a child who is an at-risk youth
or a child in need of services and his or her parent.
(10))) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that of the
child's parent, guardian, or legal custodian, not required to be
licensed pursuant to chapter 74.15 RCW.
(11))) "Premises" means the buildings wherein the facility
is located and the adjoining grounds over which the operator of
the facility has direct control.
(12))) "School-age child" means a child five years of age
through twelve years of age enrolled in a kindergarten or
(13))) "Secure detention facility" and "juvenile detention
facility" means a facility, primarily for the care of juvenile
offenders, operated so as to ensure all entrances and exits from
the facility are locked, barred, or otherwise controlled so as to
(14))) "Secure facility" means a crisis residential
center, or portion thereof, that has locking doors, locking
windows, or a secured perimeter, designed and operated to prevent
a child from leaving without permission of the facility staff.
(15))) "Semisecure facility" means any facility, including
but not limited to crisis residential centers or specialized
foster homes, operated in a manner to reasonably assure youth
placed there will not run away: Provided, That such facility
shall not be a secure institution or facility as defined by the
federal Juvenile Justice and Prevention Act of 1974 and
regulations and clarifying instructions promulgated thereunder.
A child shall not be locked in the facility or any part thereof,
nor be otherwise controlled by the use of physical restraints
except as provided in WAC 388-73-048.
(16))) "Severely and multiply-handicapped child" is a
child diagnosed as primarily dependent for most activities of
daily living, except for persons requiring the services of
skilled health care providers.
(17))) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the
court at a fact-finding hearing on a child in need of services
[Statutory Authority: Chapter 74.15 RCW and RCW 74.13.032. 96-10-032 (Order 3969), § 388-73-012, filed 4/24/96, effective 5/25/96. Statutory Authority: RCW 74.15.030. 92-08-056, § 388-73-012, filed 3/26/92, effective 4/26/92; 86-24-059 (Order 2445), § 388-73-012, filed 12/2/86; 84-06-030 (Order 2081), § 388-73-012, filed 2/29/84. Statutory Authority: RCW 74.08.090 and 1979 c 155. 79-10-026 (Order 1431), § 388-73-012, filed 9/10/79. Statutory Authority: RCW 74.15.030. 78-10-006 (Order 1336), § 388-73-012, filed 9/8/78.]
WAC 388-73-101 Wheeled baby walkers. The use of wheeled baby walkers in foster family homes is prohibited.
AMENDATORY SECTION (Amending WSR 92-08-056, filed 3/26/92, effective 4/26/92)
WAC 388-73-104 Firearms. (1) ((
Except for foster family
homes,)) The licensee (( shall)) must not permit firearms,
ammunition, and other weapons on the premises of child care
agencies, except as allowed in family homes.
(2) In ((
foster)) family homes, firearms (( shall)),
ammunition, and other weapons must be kept in secure, locked
storage, at all times when not in use(( ,)). They must be
accessible only to authorized persons. Secure locked storage
means a locked storage container, gun cabinet, gun safe, or other
storage area made of strong, unbreakable material. If the
cabinet has a glass or other breakable front, then the guns need
to be secured with a cable or chain placed through the trigger
guards securing the guns in the storage unit.
(3) The licensee ((
shall)) must only allow firearm use under
competent adult supervision and only if the youth has completed a
gun safety or hunter safety course.
[Statutory Authority: RCW 74.15.030. 92-08-056, § 388-73-104, filed 3/26/92, effective 4/26/92; 78-10-006 (Order 1336), § 388-73-104, filed 9/8/78.]