PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Chapter 388-76 WAC, Adult family homes minimum licensing requirements; amending WAC 388-76-540 Definitions, 388-76-560 License eligibility, 388-76-575 Licensing of state employees, 388-76-585 Change of provider or provider address, 388-76-595 Inspections and ombudsman visits, 388-76-655 General management and administration, 388-76-858 Criminal history disclosure and background inquiries and 388-76-715 Dispute resolution; and repealing WAC 388-76-59020 What definitions apply to adult family home designations?, 388-76-64005 Definitions, 388-76-9970, 388-76-9972, 388-76-9974, 388-76-9976, 388-76-9978 and 388-76-9980, relating to the moratorium.
Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on August 9, 2005, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 10, 2005.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., August 9, 2005.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by August 5, 2005, TTY (360) 664-6178 or phone (360) 664-6097.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to correct name and address changes, correct outdated rule and statute references, consolidate all definitions into one section and repeal obsolete sections.
The proposal also amends the existing adult family home licensing rule to be consistent with currently adopted statutes in chapter 70.128 RCW and recent amendments to this statute (HB 2444 - chapter 223, Laws of 2002; and SB 5733 - chapter 140, Laws of 2004) and other rules, and consolidates information for ease of reading.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 70.128.040.
Statute Being Implemented: Chapter 70.128 RCW, Adult family homes; chapter 223, Laws of 2002; chapter 140, Laws of 2004.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A CR-101 preproposal notice was not filed and is not required for rules incorporating language from state statutes without material change, or correcting or clarifying rules without changing the effect, see RCW 34.05.310 (4)(c) and (d).
Name of Proponent: Department of Social and Health Services, governmental.
Name of Agency Personnel Responsible for Drafting: Roger A. Woodside, 4500 10th Avenue S.E., Lacey, WA, (360) 725-3204; Implementation and Enforcement: Pat Bossert, 4500 10th Avenue S.E., Lacey, WA, (360) 725-2404.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 34.05.310 (4)(c) and (d) exempts this rule from the requirement of a small business economic impact statement as the rule ... adopts and incorporates by reference without material change ... Washington state statutes, rules of other Washington state agencies ... and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and ... makes address or name changes, or clarify language of a rule without changing its effect.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) and (iv) exempts this rule from the requirement of a cost-benefit analysis as the rule ... adopts and incorporates by reference without material change ... Washington state statutes, and rules of other Washington state agencies ... and the material adopted and incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and the rule ... makes address or name changes, or clarify language of a rule without changing its effect.
June 13, 2005
Andy Fernando, Manager
Rules and Policies Assistance Unit
3551.3"Abuse" means a nonaccidental act of physical or mental mistreatment or injury, or sexual mistreatment, which harms a person through action or inaction by another individual.
"Adult family home" means the same as the definition in RCW 70.128.010.
"Applicant" means an individual, partnership, corporation, or other entity seeking a license to operate an adult family home.
"Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time. This number shall include related children or adults in the home who receive special care.
"Caregiver" means any person eighteen years of age or older responsible for providing direct personal care to a resident and may include but is not limited to the provider, resident manager, employee, relief caregiver, volunteer, student, entity representative, or household member.
"Case manager" means the department staff person or designee assigned to negotiate, monitor, and facilitate a service plan for residents receiving services fully or partially paid for by the department.
"Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.
"Dementia" is defined as a condition documented through the assessment process required by WAC 388-76-61020.
"Department" means the Washington state department of social and health services.
"Developmental disability" means:
(1) A person who meets the eligibility criteria defined in Washington Administrative Code by the division of developmental disabilities under WAC 388-823-0040; or
(2) A person with a severe, chronic disability which is attributable to cerebral palsy or epilepsy, or any other condition, other than mental illness, found to be closely related to mental retardation which results in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation, and requires treatment or services similar to those required for these persons (i.e., autism); and
(a) The condition was manifested before the person reached age twenty-two;
(b) The condition is likely to continue indefinitely; and
(c) The condition results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care;
(ii) Understanding and use of language;
(iii) Learning;
(iv) Mobility;
(v) Self-direction; and
(vi) Capacity for independent living.
"Enablers" means a physical device used to facilitate a resident's self-administration of a prescribed or over-the-counter medication. Physical devices include, but are not limited to a medicine cup, glass, cup, spoons, bowl, pre-filled syringes, syringes used to measure oral liquids, specially adapted table surfaces, drinking straw, piece of cloth, and the resident's hand.
"Entity provider" means any corporation, partnership, association, or limited liability company that is licensed under this chapter to operate an adult family home.
"Entity representative" means the individual designated by an entity provider who is responsible for the daily operation of the adult family home.
"Exploitation" means the illegal or improper use of a frail elder or vulnerable adult or that person's income or resources, including trust funds, for another person's profit or advantage.
"Frail elder or vulnerable adult" means the same as the definition in RCW 74.34.020 or 43.43.830.
"Individual provider" means an individual person or a legally married couple who is licensed to operate an adult family home.
"Inspection" means an on-site visit by department personnel to determine the adult family home's compliance with this chapter and chapter 70.128 RCW, Adult family homes.
"Medication organizer" is a container with separate compartments for storing oral medications organized in daily doses.
"Mental illness" is defined as an Axis I or II diagnosed mental illness as outlined in volume IV of the Diagnostic and Statistical Manual of Mental Disorders (a copy is available for review through the aging and disability services administration).
"Multiple facility provider" means an individual or entity provider who is licensed to operate more than one adult family home.
"Neglect" means a pattern of conduct or inaction resulting in deprivation of care necessary to maintain a resident's physical or mental health.
"Nursing assistant" means the same as the definition in chapter 18.88A RCW.
"Over-the-counter (OTC) medication" is any medication that can be purchased without a prescriptive order, including but not limited to vitamin, mineral, or herbal preparations.
"Personal care services" means both physical assistance and/or prompting and supervising the performance of direct personal care tasks as determined by the resident's needs as defined in WAC 388-71-202, Long-term care services--Definitions. Personal care services do not include assistance with tasks performed by a licensed health professional.
"Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
"Practitioner" includes a physician, osteopathic physician, podiatric physician, pharmacist, licensed practical nurse, register nurse, advanced registered nurse practitioner, dentist, and physician assistant. Refer to chapter 69.41 RCW for a complete listing of practitioners.
"Prescribed medication" refers to any medication (legend drug, controlled substance, and over-the-counter) that is prescribed by an authorized practitioner.
"Provider" means any person or entity that is licensed under this chapter to operate an adult family home.
"Resident" means any adult unrelated to the provider who lives in the adult family home and who is in need of care. "Resident" includes former residents when examining complaints about admissions, readmissions, transfers or discharges. For decision-making purposes, the term "resident" includes the resident's surrogate decision maker in accordance with state law or at the resident's request.
"Resident manager" means a person employed or designated by the provider to manage the adult family home.
"Special care" means care beyond personal care services as defined by "personal care services" in this section.
"Unsupervised" means the same as the definition in RCW
((43.43.830(8))) 43.43.830(9).
[Statutory Authority: RCW 74.08.090, 74.09.520, and 74.39A.090. 02-21-098, § 388-76-540, filed 10/21/02, effective 11/21/02. Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, § 388-76-540, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-540, filed 6/19/96, effective 7/20/96.]
(2) In making a determination whether to grant an adult family home license, the department shall review:
(a) The information in the application; and
(b) Other documents and information the department deems relevant, including inspection and complaint investigation findings in each facility or home for the care or provision of services to children or vulnerable adults with which the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the entity applicant is or has been affiliated.
(3) The applicant and the home for which the license is sought shall comply with all requirements established by chapter 70.128 RCW and this chapter. The department may deny a license for noncompliance with any such requirements.
(4) An individual provider shall be twenty-one years of age or older.
(((5) All providers shall be registered with the
department of health as required by RCW 70.128.120, prior to
applying for an adult family home license. This registration
must be renewed annually.
(6) Each resident manager shall register with the department of health as required by RCW 70.128.120. This registration must be renewed annually.
(7))) (5) A provider shall have the understanding, ability, emotional stability and physical health suited to meet the emotional and physical care needs of vulnerable adults.
(((8))) (6) An adult family home shall not simultaneously
be licensed as a boarding home.
(((9))) (7) The department shall deny, suspend or revoke
a license if any of the following people have a history of
significant noncompliance with federal or state regulations in
providing care or services to vulnerable adults or children:
((*))• An applicant/provider,
• A person affiliated with the applicant,
((*))• A resident manager,
((*))• A partner of the entity,
((*))• An officer of the entity,
((*))• A director of the entity,
((*))• A managerial employee of the entity,
((*))• An entity representative, ((or))
• Spouse of the provider, or
((*))• An owner of five percent or more of the entity.
The department shall consider, at a minimum, the following as a history of significant noncompliance requiring denial of a license:
(a) Revocation or suspension of a license for the care of children or vulnerable adults;
(b) Enjoined from operating a facility for the care of children or adults;
(c) Revocation, cancellation, suspension, or nonrenewal of a Medicaid or Medicare provider agreement by the contracting agency; or
(d) Revocation, cancellation, suspension, or nonrenewal of any agreement with a public agency for the care or treatment of children or vulnerable adults, when the action is taken by the public agency.
(((10))) (8) The department may deny, suspend or revoke a
license if any of the following people meet any of the
criteria under subsection (9) of this section:
((*))• Any person who is a caregiver;
((*))• Any person who has unsupervised access to
residents in the adult family home; or
((*))• Any person who lives in the home but who is not a
resident.
(((11))) (9) The department shall deny, suspend or revoke
a license if:
((*))• An applicant/provider,
• A person affiliated with the applicant,
((*))• Any person who is a caregiver,
((*))• Any person who has unsupervised access to
residents in the adult family home,
((*))• Any person who lives in the home but who is not a
resident,
((*))• A resident manager,
((*))• A partner of the entity,
((*))• An officer of the entity,
((*))• A director of the entity,
((*))• A managerial employee of the entity,
((*))• An entity representative,
• A spouse of the provider
((*))• An owner of fifty percent or more of the entity,
or
((*))• An owner who exercises control over daily
operations, has been:
(a) Convicted of a crime against a person as defined under RCW 43.43.830 or 43.43.842;
(b) Convicted of a crime relating to financial exploitation as defined under RCW 43.43.830 or 43.43.842;
(c) Found by a court in a protection proceeding under chapter 74.34 RCW to have abused or financially exploited a vulnerable adult;
(d) Found in any final decision issued by a disciplinary board to have sexually or physically abused or exploited any minor or a person with a developmental disability or to have abused or financially exploited any vulnerable adult;
(e) Found in any dependency action under RCW ((13.34.030
(2)(b))) 13.34.030 (5)(b) to have sexually abused or exploited
any minor or to have physically abused any minor; or
(f) Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor.
(((12))) (10) The department may deny, suspend or revoke
a license, if:
((*))• An applicant/provider,
• A person affiliated with the applicant,
((*))• Any person who is a caregiver,
((*))• Any person who has unsupervised access to
residents in the adult family home,
((*))• Any person who lives in the home but who is not a
resident,
((*))• A resident manager,
((*))• A partner of the entity,
((*))• An officer of the entity,
((*))• A director of the entity,
((*))• A managerial employee of the entity,
((*A))• An entity representative,
• A spouse of the provider,
((*))• An owner of fifty percent or more of the entity,
or
((*))• An owner who exercises control over daily
operations has:
(a) Obtained or attempted to obtain a license by fraudulent means or misrepresentation;
(b) Permitted, aided, or abetted the commission of any illegal act on the adult family home premises;
(c) Been convicted of a felony or a crime against a person if the conviction reasonably relates to the competency of the person to own or operate an adult family home;
(d) Had sanction, corrective, or remedial action taken by federal, state, county, or municipal health or safety officials related to the care or treatment of children or vulnerable adults;
(e) Engaged in or been convicted of the illegal use of drugs or the excessive use of alcohol within the past five years without evidence of rehabilitation;
(f) Been convicted of the illegal selling or distribution of drugs;
(g) Been convicted of any crime involving a firearm used in the commission of a felony or in an act of violence against a person;
(h) Operated a facility for the care of children or adults without a license;
(i) Misappropriated property of residents;
(j) Been denied a license or license renewal to operate a facility that was licensed for the care of children or vulnerable adults;
(k) Relinquished or returned a license in connection with the operation of any facility for the care of children or vulnerable adults, or did not seek the renewal of such license, following written notification of the licensing agency's initiation of denial, suspension, cancellation or revocation of the license;
(l) Had resident trust funds or assets of an entity providing care to children or vulnerable adults seized by the IRS or a state entity for failure to pay income or payroll taxes;
(m) Refused to permit authorized department representatives to interview residents or have access to resident records;
(n) Interfered with a long term care ombudsman in the performance of his or her official duties;
(o) Exceeded licensed capacity in the operation of an adult family home; or
(p) Been found by the court in a proceeding under Title 26 RCW to have committed an act of domestic violence toward a family or household member.
(((13))) (11) The department may deny, suspend or revoke
a license if:
((*))• An applicant,
((*))• A provider,
((*))• A resident manager,
((*))• A partner of the entity,
((*))• An officer of the entity,
((*))• A director of the entity,
((*))• A managerial employee of the entity,
((*))• An entity representative,
((*))• An owner of fifty percent or more of the entity,
or
((*))• An owner who exercises control over daily
operations,
Failed to meet financial obligations as the obligations fell due in the normal course of business, thereby impeding his/her ability to care for residents.
(((14))) (12) The department shall deny an adult family
home license to an applicant who is licensed to care for
children in the same home unless:
(a) It is necessary in order to allow a resident's child(ren) to live in the same home as the resident or to allow a resident who turns eighteen to remain in the home;
(b) The applicant provides satisfactory evidence to the department of the home's capability to meet the needs of children and adults residing in the home; and
(c) The total number of persons receiving care in the home does not exceed the number permitted by the licensed capacity of the adult family home.
[Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, § 388-76-560, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-560, filed 6/19/96, effective 7/20/96.]
(2) Department employees and any member of the employee's household shall be prohibited from obtaining an adult family home license when the employee's duties include:
(a) Placement of persons in a licensed adult family home; or
(b) Authorizing payment for such persons.
[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-575, filed 6/19/96, effective 7/20/96.]
(a) The provider ultimately responsible for the daily operational decisions of the adult family home; or
(b) Control of an entity provider.
(2) Events which constitute a change of provider include but are not limited to the following:
(a) The form of legal organization of the provider is
changed (e.g., an individual provider forms a partnership,
corporation, ((or)) association, or dissolution or merger of a
licensed entity with another legal organization);
(b) Operational responsibilities are transferred by the initial provider to another party regardless of whether ownership of some or all of the real property and/or personal property assets of the adult family home is also transferred;
(c) Two individuals are both licensed as a married couple to operate the adult family home and an event, such as divorce, occurs which results in only one of the individuals operating the home;
(d) If the provider is a partnership, any event occurs which dissolves the partnership;
(e) If the provider is a corporation, and the corporation:
(i) Is dissolved;
(ii) Merges with another corporation which is the survivor; or
(iii) Consolidates with one or more corporations to form a new corporation;
(f) If the provider is a corporation and, whether by a single transaction or multiple transactions within any continuous twenty-four month period, fifty percent or more of the stock is transferred to one or more:
(i) New or former stockholders; or
(ii) Present stockholders each having held less than five percent of the stock before the initial transaction; or
(g) Any other event or combination of events which results in a substitution or substitution of control of the provider.
(3) An adult family home license is not transferable and is only valid for the location and provider listed on the license. A change in either the provider or the location requires a new license.
(4) The operation or ownership of an adult family home shall not be transferred until the new provider has been issued a license to operate the home. The new provider shall comply with license application requirements.
(5) The provider shall not commence operation of an adult family home at a new location until the department has approved a license for that location.
(6) The provider shall notify the adult family home's residents, in writing, at least thirty days prior to the effective date of a change of provider or location.
(7) The new provider is subject to the provisions of this chapter, the rules adopted under this chapter, and other applicable law.
(8) In order to ensure that the safety of residents is not compromised by a change in provider, the new provider is responsible for correction of all violations that may exist at the time of the new license.
[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-585, filed 6/19/96, effective 7/20/96.]
(2) The provider shall ensure that department staff have access to the home, residents, and all resident records therein and shall not willfully interfere or fail to cooperate with department staff in the performance of official duties. Examples of willful interference or failure to cooperate include but are not limited to, not allowing department staff to talk to residents in private, not allowing department staff entrance into the home, or not allowing department staff access to resident records.
(3) Department staff shall have access to relevant staff records which must be kept in the adult family home. Relevant staff records include: Criminal history background inquiries; tuberculosis test documentation; CPR-First-aid cards; department of health registration; fundamentals of caregiving, modified fundamentals of caregiving, nurse delegation and continuing education certificates; and any other special certificates.
(4) Within ten ((calendar)) working days of the
inspection of the adult family home, the department's
inspection report will be mailed or hand delivered to the
provider.
(5) Within ten calendar days of the completion of complaint investigation data collection, any department inspection report related to a complaint investigation will be mailed or hand delivered to the provider.
(6) A provider shall submit to the department the planned corrective measures for violations and/or deficiencies within ten calendar days of receipt of a statement of deficiencies or an inspection report.
(7) Upon request, the department will supply to the public copies of inspection reports and complaint investigation reports, as soon as they are completed.
(8) The department will include a copy of the provider's planned corrective measures with the inspection and complaint investigation reports, if a copy is available at the time of the request.
(9) Any written decision by the department to take an enforcement action will be immediately available to the public.
(10) Subsections (7) through (9) above are subject to applicable public disclosure and confidentiality requirements.
(11) The adult family home shall not willfully interfere with a representative of the Washington protection and advocacy system as defined under RCW 71A.10.080 or the long term care ombudsman in the performance of official duties, as defined under chapter 43.190 RCW, Long-term care ombudsman program, the state regulations for the long-term care ombudsman program, and under federal law. The department shall impose a penalty of not more than one thousand dollars for any such willful interference with a representative from the long-term care ombudsman program.
[Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, § 388-76-595, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-595, filed 6/19/96, effective 7/20/96.]
(2) The provider shall ensure all of the following:
(a) That staff are competent and receive necessary training, including but not limited to any training required under chapter 388-112 WAC to perform assigned tasks;
(b) The adult family home is in compliance with the requirements of this chapter and other applicable state laws;
(c) The home employs sufficient staff to meet the needs of the residents; and
(d) That he/she is available to respond to resident needs and caregiver inquiries within a reasonable time frame. In the event a provider is unavailable (including but not limited to being on vacation), a person must be designated to respond on behalf of the provider.
(3) The provider shall ensure that all caregivers are at least eighteen years of age or older.
(4) The provider shall ensure that the provider, entity representative, resident manager and all caregivers:
(a) Are able to communicate or make provisions for communicating with the resident in his or her primary language;
(b) Have a clear understanding of job responsibilities and knowledge of residents' negotiated care plans in order to be able to provide care specific to each resident's needs; and
(c) Not engage in the illegal use of drugs or the excessive use of alcohol when providing care to residents; and
(d) Possess a valid first-aid and CPR card prior to providing care for residents unless such care is directly supervised by a fully qualified caregiver who has a valid first-aid and CPR card.
(5) The provider shall ensure that:
(a) There is at least one caregiver present in the home whenever one or more residents are on the premises;
(b) The caregiver referred to in (a) of this subsection is capable of understanding and speaking English well enough to be able to respond appropriately to emergency situations; and
(c) At least one caregiver is accessible by phone or beeper for emergencies when there are no residents on the home's premises.
(6) An adult family home shall be exempt from subsection (5)(a) of this section if:
(a) The home provides care to residents whose primary
disabilities are developmental disabilities as defined by WAC
((388-76-590)) 388-76-540; and
(b) It is determined and documented in a resident's current negotiated care plan that the resident is capable and willing to be left alone unsupervised in the adult family home during normal awake hours. The maximum period of time a resident can be left alone must be documented in the negotiated care plan.
[Statutory Authority: RCW 70.128.040. 03-14-018, § 388-76-655, filed 6/19/03, effective 7/20/03. Statutory Authority: RCW 18.20.090, 70.128.040, 74.39A.050, 34.05.020, 2000 c 121, and 2002 c 233. 02-15-065, § 388-76-655, filed 7/11/02, effective 8/11/02. Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, § 388-76-655, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-655, filed 6/19/96, effective 7/20/96.]
(a) Require the person to complete the residential care services background inquiry form which includes:
(i) A disclosure statement; and
(ii) A statement authorizing the adult family home, the department, and the Washington state patrol to conduct a background inquiry;
(b) Verbally inform the person:
(i) That he or she may request a copy of the background inquiry result; and
(ii) Of the inquiry result within ten days of receipt; and
(c) Notify the appropriate licensing or certification agency of any person resigning or terminated as a result of having a conviction record.
(2) The adult family home provider shall not employ any person, directly or by contract, or accept as a volunteer or student any person who may have unsupervised access to residents, or allow a household member unsupervised access to residents if the person or background inquiry discloses that the person was:
(a) Convicted of a crime against persons as defined under RCW 43.43.830;
(b) Convicted of a crime related to financial exploitation as defined under RCW 43.43.830;
(c) Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
(d) Subject to an order of protection under chapter 74.34 RCW for abuse, neglect, abandonment or financial exploitation of a vulnerable adult;
(e) Found in a final decision issued by a disciplinary board to have:
(i) Sexually or physically abused or exploited any minor or developmentally disabled person; or
(ii) Abused, neglected, abandoned or financially exploited any vulnerable adult; or
(f) Found in any dependency action under RCW ((13.34.030
(2)(b))) 13.34.050(1) to have ((sexually assaulted)) engaged
in circumstances of sexual abuse or exploited any minor or to
have physically abused any minor.
(3) The adult family home may choose to employ a person with a conviction of a crime only if the conviction is one of the crimes listed in RCW 43.43.842 and the required number of years has passed.
(4) An adult family home may conditionally employ a person pending the result of a background inquiry, provided the home requests the inquiry within seventy-two hours of the conditional employment.
(5) A background inquiry result is valid for two years from the date it is conducted, at which point a new background inquiry application must be submitted.
(6) The adult family home shall establish procedures ensuring:
(a) All disclosure statements and background inquiry applications and responses and all copies are maintained in a confidential and secure manner;
(b) All background inquiry results and disclosure statements are used for employment purposes only;
(c) Background inquiry results and disclosure statements are not disclosed to any person except:
(i) The person about whom the adult family home made the disclosure or background inquiry;
(ii) Authorized state and federal employees; and
(iii) The Washington state patrol auditor.
(7) A record of inquiry results shall be retained by the adult family home for eighteen months beyond the date of employment termination.
(8) The provider shall secure and submit any additional documentation and information as requested by the department to satisfy the requirements of this section.
[Statutory Authority: RCW 70.128.040, chapters 70.128 and 70.129 RCW. 98-11-095, § 388-76-685, filed 5/20/98, effective 7/1/98. Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-685, filed 6/19/96, effective 7/20/96.]
(2) When requested by a provider, the department shall expedite the dispute resolution process to review violations upon which a department order imposing license suspension, stop placement, or a condition on a license is based.
(3) Orders of the department imposing license suspension, stop placement, or conditions on a license are effective immediately upon notice and shall continue pending dispute resolution.
[Statutory Authority: RCW 70.128.040, 70.128.060, 70.128.120, 70.128.130, 43.43.842, 18.88A.210 and 18.88A.230. 96-14-003 (Order 3984), § 388-76-715, filed 6/19/96, effective 7/20/96.]
The following sections of the Washington Administrative Code are repealed:
| WAC 388-76-59020 | What definitions apply to specialty adult family home designations? |
| WAC 388-76-64005 | Definitions. |
| WAC 388-76-9970 | Purpose. |
| WAC 388-76-9972 | Definitions. |
| WAC 388-76-9974 | Effective date of the moratorium. |
| WAC 388-76-9976 | Process for requesting an individual accommodation. |
| WAC 388-76-9978 | Applications that will be processed during the moratorium. |
| WAC 388-76-9980 | Notification of the end of the moratorium. |