WSR 99-01-059

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

[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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 2, repealed 0.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

SHS-2477.4

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 abuse.

(((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; or

(((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 structure.

(((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 elementary school.

(((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 prevent escapes.

(((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 petition.



[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.]



NEW SECTION



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.]

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