Date of Adoption: August 23, 2001.

Purpose: The proposed changes clarify the language of the licensing requirements for foster homes, group care programs/facilities and child-placing agencies licensed by Children's Administration. The chapter incorporates changes in state and federal law, Children's Administration policy, and current practice. The chapter is written in the question and answer format.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-73-010 Authority, 388-73-012 Definitions, 388-73-014 Persons and organizations subject to licensing, 388-73-016 Exceptions to rules, 388-73-018 Persons and organizations not subject to licensing, 388-73-019 Effect of local ordinances, 388-73-01950 Fire standards, 388-73-020 Certification of juvenile detention facility and exempt agency, 388-73-022 Application or reapplication for license or certification -- Investigation, 388-73-024 Licenses for homes supervised by licensed agency, 388-73-026 Licensing of employees, 388-73-028 Limitations on licenses and dual licensure, 388-73-030 General qualifications of licensee, adoptive applicant, and persons on the premises, 388-73-032 Age of licensee, 388-73-034 Posting of license, 388-73-036 Licensure -- Denial, suspension, or revocation, 388-73-038 Licensed capacity, 388-73-040 Discrimination prohibited, 388-73-042 Religious activities, 388-73-044 Special requirements regarding American Indians, 388-73-046 Discipline, 388-73-048 Corporal punishment, 388-73-050 Abuse, neglect, exploitation, 388-73-052 Interstate placement of children, 388-73-054 Client records and information -- All agencies, 388-73-056 Reporting of illness, death, injury, epidemic, child abuse, or unauthorized absence -- All facilities, 388-73-057 Reporting of circumstantial changes, 388-73-058 Earnings, allowances, personal belongings, 388-73-060 Work assignments, 388-73-062 Transportation, 388-73-064 Clothing, 388-73-066 Personal hygiene, 388-73-068 Personnel policies, 388-73-069 Consumption of alcoholic beverages, 388-73-070 Training, 388-73-072 Education and vocational instruction, 388-73-074 Social service staff, 388-73-076 Social study -- Treatment plans, 388-73-077 Multidisciplinary care plan for severely and multiply-handicapped children, 388-73-078 Clerical, accounting and administrative services, 388-73-080 Support and maintenance staff, 388-73-100 Site and telephone, 388-73-101 Wheeled baby walkers, 388-73-102 Equipment, safety, and maintenance, 388-73-103 Water safety, 388-73-104 Firearms, 388-73-106 Storage, 388-73-108 Bedrooms, 388-73-110 Special care room, 388-73-112 Kitchen facilities, 388-73-114 Housekeeping sink, 388-73-116 Laundry, 388-73-118 Toilets, handwashing sinks, and bathing facilities, 388-73-120 Lighting, 388-73-122 Pest control, 388-73-124 Sewage and liquid wastes, 388-73-126 Water supply, 388-73-128 Temperature, 388-73-130 Ventilation, 388-73-132 Health care plan, 388-73-134 First aid, 388-73-136 Medications controlled by licensee, 388-73-138 Self-administration of medications, 388-73-140 Health history, physical examinations, immunizations, 388-73-142 Infection control, communicable disease, 388-73-143 HIV/AIDS education and training, 388-73-144 Nutrition, 388-73-146 Care of younger or severely and multiply-handicapped children, 388-73-200 Child-placing agency, 388-73-202 Required personnel, 388-73-204 Office space, 388-73-206 Out-of-country, out-of-state agencies, 388-73-208 Medical care, 388-73-210 Foster care licensees, 388-73-212 Foster care placements, 388-73-213 Certification to provide adoption services, 388-73-214 Adoption procedures, 388-73-216 Adoptive placements, 388-73-300 Foster family homes, 388-73-302 Orientation and training, 388-73-304 Capacity, 388-73-306 Foster parents -- Employment, 388-73-308 Absence from home, 388-73-310 Fire safety, 388-73-312 Family foster homes -- Services to person under care, 388-73-351 Staffed residential homes for children or expectant mothers, 388-73-353 Agency affiliation, 388-73-355 Function of staffed residential home for children or expectant mothers, 388-73-357 Capacity, 388-73-361 Required positions, 388-73-363 Nursing services, 388-73-365 Required rooms, areas, and equipment, 388-73-367 Staffed residential homes for children or expectant mothers--Services to person under care, 388-73-369 Fire safety--Staffed residential child care home for children or expectant mothers, 388-73-371 Location of care, 388-73-373 Occupancy separations, 388-73-375 Exits, 388-73-377 Windows, 388-73-379 Sprinklers, 388-73-381 Accessibility of exits, 388-73-383 Single station smoke detectors, 388-73-385 Fire extinguishers, 388-73-387 Fire prevention, 388-73-389 Sprinkler system maintenance, 388-73-391 Fire evacuation plan, 388-73-393 Fire evacuation drill, 388-73-395 Staff fire safety training, 388-73-500 Day treatment center, 388-73-502 Function of day treatment program, 388-73-504 Personnel, 388-73-506 Ratio of counselor and teaching staff to children, 388-73-508 Program, 388-73-510 Ill children, 388-73-512 Play areas, 388-73-600 Group care facilities, 388-73-602 Function of group care facility, 388-73-604 Daily activity program, 388-73-606 Required positions, 388-73-610 Required rooms, areas, and equipment -- Group care facilities, 388-73-700 Maternity services, 388-73-702 Types of maternity services, 388-73-704 Daily activities program, 388-73-706 Eligibility for service -- Required services, 388-73-708 Required personnel, 388-73-710 Services provided, 388-73-712 Health education, 388-73-714 Family life education, 388-73-718 Child care, 388-73-720 Medical service, 388-73-722 Required rooms, areas, equipment, 388-73-800 Crisis residential centers, 388-73-802 Limitations on number of facilities, 388-73-803 Crisis residential center--Admission, 388-73-804 Hours of operation, 388-73-805 Crisis residential center administrator requirements -- Multidisciplinary teams, 388-73-810 Group crisis residential centers, 388-73-815 Group crisis residential centers -- Staffing, 388-73-820 Family crisis residential centers, 388-73-821 Behavior management--Secure crisis residential centers, 388-73-822 Secure crisis residential centers--Staff training, 388-73-823 Secure crisis residential centers--Program requirements, 388-73-825 Secure crisis residential center--Physical facility, 388-73-900 Facilities for severely and multiply-handicapped children, 388-73-901 Multidisciplinary care plan for severely and multiply-handicapped children, 388-73-902 Services provided, and 388-73-904 Therapy room.

Statutory Authority for Adoption: RCW 74.15.030.

Adopted under notice filed as WSR 01-12-101 on June 6, 2001.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-148-0050(3): Except for foster homes, if you are applying for a license renewal, you must send the application form to your licensor at least ninety days prior to the expiration of your current license.

WAC 388-148-0060(1): You or your relatives, as defined under RCW 74.15.020 (4)(i), (ii), (iii), and (iv), are not allowed to receive a license from be certified by a child-placing agency if you or your relative is an employee or volunteer in an administrative or supervisory role or directly involved in certification, placement or authorization of payment to yourself or your relative, for that same child-placing agency.

Note: Relative as defined under RCW 74.15.020 (4)(i), (ii), (iii), and (iv).

WAC 388-148-0120(2): You or your staff must report immediately or in no instance later than forty-eight hours, any of the following incidents to the child's social worker, if the child is in the custody of the department:

WAC 388-148-0125(2): You must keep records about children and their families in a secure place. If the child is in the custody of the department, at the end of the child's placement, reports written by others about the child or the child's family must be returned to the department staff child's social worker.

WAC 388-148-0170(4): You must ensure age and developmentally appropriate supervision of any child that uses hot tubs, swimming pools, spas, and around man-made and natural bodies of water.

WAC 388-148-0230(6): Fireplaces, wood stoves and other heating systems that have a surface hot enough to cause a burn must have a barrier to prevent access by children under the age of six.

WAC 388-148-0240(5): Fire extinguishers must receive yearly a maintenance certification by a licensed firm specializing in this work, based on the manufacturer's recommended schedule.

WAC 388-148-0250: You must instruct all children, who are capable of understanding and following directions, under your care in emergency evacuation procedures and conduct fire drills at regular intervals to test and practice the procedures.

WAC 388-148-0255(1): You must develop a written fire evacuation plan for your home or facility. The evacuation plan must include an evacuation floor plan, identifying exit doors and windows. Except in foster homes, the plan must be posted at each exit door.

WAC 388-148-0315 (2)(h)(ii): Except for foster homes, all sleeping areas must have at least one toilet and hand-washing sink on the same floor.

WAC 388-148-0345(4): Applicants for a license, or adults authorized to have who have been approved for unsupervised access to children in a home or facility must have a tuberculin (TB) skin test by the Mantoux method of testing.

WAC 388-148-0350 (12)(a)(iv): Antacids and anti-diarrhea medication;

WAC 388-148-0365 (1)(b): The social worker or guardian if they have custody, approves in writing.

WAC 388-148-0440(2): The children in your care must not be required to do basic maintenance of equipment, or of the home or facility:

(3)(2). Children may do work assignments other than household tasks that are appropriate to their age and physical conditions and receive monetary compensation if this is part of their service plan. You must provide adequate monetary compensation for the work they do.

WAC 388-148-0495: Delete this section.

WAC 388-148-0600(1): Except for foster homes, you must have consultants available, as needed to work with your staff, the children you serve, and the children's families.

WAC 388-148-0675: Delete section.

WAC 388-148-0720(2): Exception: Child care staff may be eighteen to twenty years old if enrolled and participating in an internship or practicum program with an accredited college or university; and supervised by staff twenty-one years or older;

WAC 388-148-0995(5): At all times, secure crisis residential centers must have at least two staff on site duty at all times when youth are present.

WAC 388-148-1025: A written agreement with children's administration the department to provide services to children as at a staffed residential home must include but is not limited to:

Children's Administration is withdrawing the following sections: WAC 388-148-0495 and 388-148-0675.

Children's Administration will not go forward with the following subsections: WAC 388-148-0010(3) and 388-148-1035(1).

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 226, Amended 0, Repealed 146.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 226, Amended 0, Repealed 146.

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 226, Amended 0, Repealed 146.
Effective Date of Rule: Thirty-one days after filing.

August 23, 2001

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 01-20 issue of the Register.

Washington State Code Reviser's Office