WSR 04-16-001

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed July 21, 2004, 4:13 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Chapter 388-148 WAC, Licensing requirements for foster homes, staffed residential homes, group care facilities, and child-placing agencies. Children's Administration is proposing a typographical correction in WAC 388-148-0050 (2)(b)(c) as adopted in WSR 04-08-073 on April 5, 2004. The intent of the WAC section was to identify to the individuals that are exempt from needing a background check in a licensed home or facility. Foster children and individuals who are eighteen or nineteen who remain in foster care are not required to complete a background check and the recently adopted language is confusing due to typographical error.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA, on September 7, 2004, at 10:00 a.m.

Date of Intended Adoption: Not earlier than September 8, 2004.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery to 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., September 7, 2004.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by August 20, 2004, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The WAC language change is proposed without the filing of a CR-101 due to an exemption under RCW 34.05.310 (4)(d), allowing a WAC change with a typographical and grammatical error. This does not change the effect of the rule.

The proposal change is, as follows: (2) You must send a completed background check form to your licensor on anyone on the premises having unsupervised access to children who: (a) Is at least sixteen years old or older; (b) is not a foster child; nor (c) A an individual eighteen through twenty years old authorized to remain in foster care (see chapter 388-06 WAC).

Reasons Supporting Proposal: The recently amended WAC 388-148-0050(2) adding "nor an individual eighteen through twenty years old authorized to remain in foster care (see chapter 388-06 WAC)" for clarification that all individuals in foster care regardless of their age would not be required to complete a background check. However, with the adopted grammar the subsection has not been successful in clarifying the language due to the use of the semicolon.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: Chapter 74.15 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Social and Health Services, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992; and Enforcement: Children's Administration, Division of Licensed Resources, P.O. Box 45700, Olympia, WA 98504-5700.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not needed per RCW 19.85.025 and 34.05.310 (4)(d), i.e. due to typographical and grammatical error.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required when the proposed change corrects a typographical error, as allowed under RCW 34.05.328 (5)(b)(iv).

July 15, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3424.2
AMENDATORY SECTION(Amending WSR 04-08-073, filed 4/5/04, effective 5/6/04)

WAC 388-148-0050   How do I apply for a license?   License applications are available from the division of licensed resources and licensed child placing agencies.

(1) To apply for a license, the person or legal entity responsible for your home or facility must include with the application the following:

(a) Written verification for each applicant(s), staff, interns, volunteers and individuals who may have unsupervised access to children in care of the following information:

(i) A negative tuberculosis test or an X ray, unless you can demonstrate a religious or a medical reason prohibiting the test;

Note: Written documentation from your physician that indicates you are free of the signs and symptoms of tuberculosis may be accepted for individuals with a religious or a medical prohibition to the TB test.

(ii) First aid and cardio-pulmonary resuscitation (CPR) training appropriate to the age of the children in care; and

(iii) HIV/AIDS and bloodborne pathogens training including infection control standards.

(2) You must send a completed background check form to your licensor on anyone on the premises having unsupervised access to ((children)) a child who:

(a) Is at least sixteen years old or older;

(b) Is not a foster child; ((or

(c))) nor an individual eighteen through twenty years old authorized to remain in foster care (see chapter 388-06 WAC).

(3) You must send a completed FBI fingerprint form on any individual in your home or facility who has lived outside Washington state within the last three years and meets WAC 388-148-0050 (2)(a)(b).

(4) A group care facility or staffed residential home licensed for six is required to meet the health and fire safety requirements to receive a certificate of compliance from the department of health and the Washington state patrol fire protection bureau.

[Statutory Authority: RCW 74.15.030 and chapter 74.15 RCW. 04-08-073, 388-148-0050, filed 4/5/04, effective 5/6/04. Statutory Authority: RCW 74.15.030. 01-18-037, 388-148-0050, filed 8/28/01, effective 9/28/01.]

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