WSR 04-08-073

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed April 5, 2004, 3:28 p.m. ]

Date of Adoption: April 2, 2004.

Purpose: The amendments and additions to chapter 388-148 WAC clarify and add flexibility to the licensing requirements for homes, facilities, and child-placing agencies licensed by Children's Administration, including licensing requirements for a new type of facility, Group Receiving Centers. The changes improve Children's Administration's ability to claim federal funding under the Social Security Act and enhance health and safety for children and youth. See below for a list of new, amended and repealed rules affected by this notice.

Citation of Existing Rules Affected by this Order:


New

Amended

or Repealed

WAC # Caption
Amended 388-148-0005 What is the purpose of this chapter?
Amended 388-148-0010 What definitions do I need to know to understand this chapter?
Amended 388-148-0015 Am I required to have a license to provide care to children?
Amended 388-148-0025 How do you decide how many children I may serve in my home or facility?
Amended 388-148-0035 What personal characteristics do I need to provide care to children?
Amended 388-148-0040 What first aid and cardiopulmonary resuscitation (CPA) training is required?
Amended 388-148-0045 What HIV/AIDS training is required?
Amended 388-148-0050 How do I apply for a license?
Amended 388-148-0055 How long do I have to complete the licensing application packet?
Amended 388-148-0058 May I receive more than one in-home family license?
Amended 388-148-0060 May my relative or I be certified by a child-placing agency to be a foster parent and be an employee of that same agency?
Amended 388-148-0065 When may I be certified to provide care to children?
Amended 388-148-0070 Is there a difference between licensing and certification?
Amended 388-148-0075 May I be licensed with the department and certified by a child-placing agency at the same time?
Amended 388-148-0085 Will the department license or continue to license a home or facility if the home or facility does not meet the licensing requirements?
Amended 388-148-0090 Does the department issue a probationary license?
Amended 388-148-0095 When are licenses denied, suspended or revoked?
New 388-148-0098 When is an employee or volunteer disqualified from having unsupervised access to a child at a licensed home, facility, or agency?
Amended 388-148-0100 Are there any other reasons that might cause me to lose my license?
Amended 388-148-0110 What may I do if I disagree with your decision to modify, deny, suspend or revoke my license?
Amended 388-148-0120 What incidents involving children must I report?
Amended 388-148-0125 What are your requirements for keeping client records?
New 388-148-0127 What are the requirements for information kept in facility logs for staffed residential homes and group care programs?
Amended 388-148-0130 What information may I share about a child or a child's family?
Amended 388-148-0135 What changes to my home or facility must I report to my licensor?
Amended 388-148-0140 What personnel policies must I have?
Amended 388-148-0150 Are local ordinances part of the licensing requirements?
Amended 388-148-0165 What are the requirements about the location of my home or facility?
Amended 388-148-0170 What steps must I take to ensure children's safety around outdoor bodies of water?
Amended 388-148-0180 Are alcoholic beverages or illegal drugs allowed at my home or facility?
Amended 388-148-0185 Is smoking permitted around children?
Amended 388-148-0200 Do I need first-aid supplies?
Amended 388-148-0220 What fire safety requirements must I follow to qualify for a license?
Amended 388-148-0225 What safety requirements are there for exits?
Amended 388-148-0230 Are there other fire safety requirements for inside a foster home or staffed residential home licensed for five or fewer children?
Amended 388-148-0235 What are the requirements for smoke detectors for foster homes and staffed residential homes licensed for five or fewer children?
Amended 388-148-0240 What are the requirements for fire extinguishers in homes and facilities?
Amended 388-148-0245 What fire escape measures must be taken for multi-level homes and facilities?
Amended 388-148-0250 What fire safety instructions must I give to children residing in a home or facility?
Amended 388-148-0255 What are the requirements for a fire evacuation plan?
Amended 388-148-0260 What are the general requirements for bedrooms?
Amended 388-148-0265 What are additional requirements for bedrooms for more than one person?
Amended 388-148-0270 What are the requirements for beds?
Amended 388-148-0275 Do I need a telephone at my home or facility?
Repealed 388-148-0285 Do I need a housekeeping sink?
Amended 388-148-0300 How must I ventilate my home or facility?
Amended 388-148-0305 What are the requirements for laundry facilities?
Amended 388-148-0315 What are the requirements for toilets, sinks, and bathing facilities?
Amended 388-148-0320 What are the requirements about drinking water?
Amended 388-148-0325 What are the requirements for sewage and liquid wastes?
Amended 388-148-0335 When must I get a physical exam for a child under my care?
Amended 388-148-0340 What are the requirements for immunizations for children?
Amended 388-148-0345 What must I do to prevent the spread of infections and communicable diseases?
Amended 388-148-0350 What are the requirements for obtaining consent for medical care for children under my care?
New 388-148-0352 What are the requirements for the management of medication for children in my care?
Amended 388-148-0355 May I accept medicine from a child's parent or guardian?
Repealed 388-148-0360 Whom do I notify about medication changes and reactions?
Amended 388-148-0365 When may children take their own medicine?
Amended 388-148-0375 How often must I feed children?
Amended 388-148-0380 How do I handle a child's special diet?
Amended 388-148-0395 What requirements must I meet for feeding babies?
Amended 388-148-0400 What are the requirements for diapers and diaper-changes areas?
New 388-148-0422 What are the requirements for privacy for children in out-of-home placements?
Amended 388-148-0425 What are the requirements about nondiscrimination?
Repealed 388-148-0427 Are there specific requirements regarding Native American children?
Amended 388-148-0430 May I take a foster child to church services, temple, mosque, or synagogue?
Amended 388-148-0445 What toys and activities must I provide to children?
Repealed 388-148-0450 What types of toys must I provide to children?
Amended 388-148-0455 Do I need permission to travel on an overnight trip, or out-of-state with my foster child?
Amended 388-148-0460 What requirements do you have for supervising children?
Amended 388-148-0470 What types of disciplinary practices are forbidden?
Amended 388-148-0480 When may a child be physically restrained?
Amended 388-148-0485 What types of physical restraint are not acceptable for children?
New 388-148-0487 What are the requirements for time-out or quiet rooms?
New 388-148-0488 Are time-delay mechanisms allowed on windows and doors of a facility or staffed residential home licensed for six?
Amended 388-148-0490 What must I do following an incident that involved using physical restraint?
Repealed 388-148-0500 May I receive more than one in-home care license?
Amended 388-148-0520 What are the training requirements for foster parents and prospective foster parents?
Amended 388-148-0525 How many children may my foster home serve?
Amended 388-148-0535 Do I need to have income separate from foster care payments?
Amended 388-148-0540 When may I use respite care?
New 388-148-0551 Who may provide care to a foster child in the foster home when the foster parent is away from the home?
New 388-148-0542 May someone under eighteen supervise a foster child in the foster home?
Amended 388-148-0555 Do I need a social summary for children under my care?
Amended 388-148-0560 Do I need a treatment plan for children under my care?
Amended 388-148-0585 What social service staff do I need?
Amended 388-148-0600 Do I need professional consultants for my program?
Amended 388-148-0605 Is in-service training required?
Amended 388-148-0610 What are the required ratios of social service staff to children under care?
Amended 388-148-0615 Are there specific fire safety requirements for the care of nonambulatory children?
Amended 388-148-0620 What safety features do I need for hazardous areas?
Amended 388-148-0625 What other requirements must I follow for smoke detectors?
Repealed 388-148-0630 What fire prevention measures must I take?
Repealed 388-148-0635 What are the requirements for fire sprinkler systems?
Amended 388-148-0640 What fire safety procedures do staff of a group care facility and a staffed residential home licensed for six children need to know?
Amended 388-148-0645 What are the requirements for fire drills and testing smoke detectors?
Repealed 388-148-0650 What requirements do you have regarding windows in staffed residential homes and group care facilities?
Amended 388-148-0655 Are there different construction and fire safety requirements for facilities that have multiple licenses in the same building?
Amended 388-148-0660 Do mealtimes need to be established?
Amended 388-148-0670 What types of group care programs are licensed to provide care to children?
Amended 388-148-0685 Who may I serve as a group care program provider?
Amended 388-148-0695 Must I give a child an allowance?
Amended 388-148-0700 What are the qualifications for an executive director for a group care program or child-placing agency?
Amended 388-148-0705 Do I need an on-site program manager or social service staff at each group care facility?
Amended 388-148-0710 What are the responsibilities of the on-site program manager or social services staff for a group care facility?
Amended 388-148-0715 What qualifications must the on-site program manager for a group care program or a CPA program manager have?
New 388-148-0718 What are the responsibilities for child care staff at a group care program?
Amended 388-148-0720 What are the qualifications for child care staff or case aides for a group care program and a child-placing agency?
New 388-148-0722 What are the qualifications for health care staff for a group care program or a child-placing agency caring for medically fragile children?
Amended 388-148-0725 What is the ratio of child care staff to children in group care facilities?
Amended 388-148-0730 Are there room requirements for group care facilities?
Repealed 388-148-0735 When do I need a special care room?
Amended 388-148-0750 What maternity services must I provide?
Amended 388-148-0765 What types of health education must I offer expectant and new mothers?
Amended 388-148-0775 Do expectant and new mothers need to be under a physician's care?
Amended 388-148-0785 What is the proper ratio of staff to children in home or group care facilities offering maternity services?
Amended 388-148-0795 How is capacity determined for a maternity services facility?
Amended 388-148-0800 What is the purpose of day treatment programs?
Amended 388-148-0805 What staff must my day treatment program have?
Amended 388-148-0810 What consultants must my day treatment program have?
Amended 388-148-0830 What services must I provide for medically fragile children and children with severe developmental disabilities?
Amended 388-148-0860 Are there room requirements for group care facilities for medically fragile children under age six?
Amended 388-148-0870 What additional record-keeping requirements exist for medically fragile children and children with severe developmental disabilities?
Amended 388-148-0875 What types of crisis residential centers may be licensed?
Amended 388-148-0880 What levels of secure CRCs exist?
Amended 388-148-0885 What are the requirements for a level-one secure CRC?
Amended 388-148-0890 What are the requirements for a level-two secure CRC?
New 388-148-0892 What are the requirements for a level-three secure CRC?
Amended 388-148-0895 May a juvenile detention center operate a separate secure CRC program?
Amended 388-148-0900 What youth may a CRC serve?
Amended 388-148-0905 Can law enforcement officers place youth in secure CRC?
Amended 388-148-0915 What steps must be taken after a youth is admitted into a CRC?
Repealed 388-148-0935 How long may a youth stay at a CRC?
Amended 388-148-0995 What are the ratio requirements of youth care staff to youth in crisis residential centers?
Repealed 388-148-1020 Must a staffed residential home operate in conjunction with another program?
Amended 388-148-1025 What must be included in a written program description for a staffed residential home?
Amended 388-148-1030 What services must a staffed residential home provide?
Amended 388-148-1035 Who must be on the premises when children are under care at a staffed residential home?
Amended 388-148-1045 What is the ratio of child care staff to children in staffed residential homes?
Amended 388-148-1050 How many children may I serve in my staffed residential home?
Amended 388-148-1060 What services may a child-placing agency provide?
Repealed 388-148-1065 Do child-placing agency foster homes and group care facilities need to be licensed before placements?
New 388-148-1066 What written information is needed before a child is accepted for care by a child-placing agency?
Amended 388-148-1070 What health histories need to be provided to adoptive parents?
New 388-148-1076 What are the qualifications for an executive director, a program manager/social service staff, and a consultant for a child-placing agency?
New 388-148-1077 What are the qualifications for a case aide for a child-placing agency program?
New 388-148-1078 What are the qualifications for health care staff hired or contracted by a child-placing agency to provide services to children in care?
New 388-148-1097 What are the qualifications for a foster home licensor for a child-placing agency?
Amended 388-148-1085 How may my child-placing agency certify a foster home for licensing by the department?
Amended 388-148-1115 What are the requirements for providing adoptive services?
Amended 388-148-1120 What is the process for adoptions?
New 388-148-1205 What is a group receiving center?
New 388-148-1210 What age children may a center serve?
New 388-148-1215 What hours must a center be open?
New 388-148-1220 What services are provided or arranged for by a group receiving center?
New 388-148-1225 Is a center required to provide an orientation for a child placed?
New 388-148-1230 Does each child need space for personal items at the center?
New 388-148-1235 What staff training is required?
New 388-148-1240 What is the ratio of child care staff to children at a center?
New 388-148-1245 What are the requirements for supervision of children at a center?
New 388-148-1250 Who must be on the premises while children are in care at a center?
New 388-148-1255 What are the requirements for an activity program?
New 388-148-1260 What activities must I provide to children?
New 388-148-1265 What are the requirements for indoor recreation areas?
New 388-148-1270 What are the requirements for an outdoor recreation area?
New 388-148-1275 What are the size requirements for an outdoor recreation area?
New 388-148-1280 What are the requirements for playground equipment?

Statutory Authority for Adoption: RCW 74.15.030.

Other Authority: Chapter 74.15 RCW.

Adopted under notice filed as WSR 04-03-116 on January 21, 2004.

Changes Other than Editing from Proposed to Adopted Version: The text of the adopted rule varies from the text of the proposed rule (WSR 04-03-116 filed January 21, 2004). The changes (other than editing changes) were made in response to comments and to provide clarity. Language added is underlined; language deleted is struck-through.

WAC 388-148-0025 (1)(e). The certification of occupancy from the Washington state patrol fire protection bureau department of health if your facility is a group care program or a staffed residential home licensed for six children.

WAC 388-148-0125(2). For foster homes, if the child is in the department's custody, at the end of the child's placement, reports and information written by ((others)) the department about the child or the child's family must be returned to the child's social worker.

WAC 388-148-0130(3). You may check with your child's social worker for guidance about sharing information with the child's teacher, counselor, or doctor, respite care provider, or any other professional, or others involved in the case plan.

WAC 388-148-0165(4). A licensing safety and supervision plan must be written for each child in care if the department determines that hazardous conditions are present.

WAC 388-148-0170(8). Foster homes with pools must have a written licensing safety and supervision plan for each child.

WAC 388-148-0180(1). If alcohol is on the premises of a foster home the issue must be addressed in the child's licensing safety and supervision plan.

WAC 388-148-0250. What fire safety instructions must I give to children residing in a home or facility a staffed residential home licensed for five or fewer children?

(1) You must instruct children, under your care, who are capable of understanding and following emergency evacuation procedures ((and)) how to exit the building in case of fire.

(2) For foster homes and staffed residential homes licensed for five or fewer children, Yyou must conduct fire drills at quarterly intervals or as required by WAC 212-12-044 by the WSP/FPB to test and practice evacuation procedures.

WAC 388-148-0335. When must I get an EPSDT physical exam for a child under my care?

(1) An physical early and periodic screening, diagnosis and treatment exam (EPSDT) must be completed for any child in care more than thirty days, who within the past year has not had a physical exam by a physician, a physician's assistant, or an advanced registered nurse practitioner (ARNP).

(2) In consultation with the child's social worker and physician, you must schedule an early and periodic screening, diagnosis and treatment (EPSDT) exam by a physician, a physician's assistant, or an advanced registered nurse practitioner (ARNP) according to the published frequency schedule.

WAC 388-148-0380. You must have approval of the child's social worker and written instructions by a physician, parent or guardian before serving nutrient concentrates, nutrient supplements, vitamins, and modified diets (therapeutic and allergy diets).

WAC 388-148-0541(2). Occasionally, and for less than twenty-four hours, a foster parent, at their own expense, may allow a friend, or a relative to provide care to a foster child in the foster home when the conditions that follow are met. The foster parent must:

WAC 388-148-0720. What are the qualifications for child care staff or and case aides for a group care program and a child-placing agency? The department requires that child care staff and case aides: of each group care program and child-placing agency program:

WAC 388-148-0795. The capacity of a group care facility providing maternity services is determined by the WSP/FPB department of health representative.

WAC 388-148-1030(2). You must provide a safety and supervision plan for each children you serve considering their his or her ages and physical conditions.

Number of Sections Adopted in Order to Comply with Federal Statute: New 32, Amended 123, Repealed 12; 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 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 32, Amended 123, Repealed 12.
Effective Date of Rule: Thirty-one days after filing.

April 2, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-10 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office