WSR 03-01-117

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed December 18, 2002, 3:49 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-15-079.

     Title of Rule: Chapter 388-145 WAC, Emergency respite center licensing requirements.

     Purpose: This chapter establishes licensing rules for emergency respite centers (ERCs), also known as crisis nurseries. The legislature passed chapter 230, Laws of 2001 that included an amendment to RCW 74.15.020 defining center-based ERCs and adding RCW 74.15.280 authorizing the department to adopt licensing rules.

     Statutory Authority for Adoption: RCW 74.15.020 and chapter 230, Laws of 2001.

     Statute Being Implemented: RCW 74.15.280 and 74.15.020, chapter 230, Laws of 2001.

     Summary: This chapter establishes licensing rules for emergency respite centers (ERCs), also know as crisis nurseries. Licensing will be required of all center-based programs providing crisis respite to families in their communities. The chapter provides consistent standards for the health and safety of children placed by their parents at a respite center.

     Reasons Supporting Proposal: The 2001 session of the legislature passed chapter 230, Laws of 2001 that included an amendment to RCW 74.15.020 defining center-based ERCs and RCW 74.15.280 authorizing the department to adopt licensing rules. The rules outline health and safety standards for the protection of children placed at respite centers.

     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: Division of Licensed Resources, Office of Foster Care Licensing, Children's Administration, Department of Social and Health Services.

     Name of Proponent: Department of Social and Health Services, Children's Administration, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this chapter is to define the basic licensing standards for emergency respite centers and to ensure children experience safe and healthy care while placed in centers. Some of the rules were drawn from appropriate child care center and child group care licensing requirements. Additionally, new sections specific to ERCs were developed. In part, the chapter includes:

•     Licensing process;

•     Facility or building fire safety requirements;

•     Health and environment safety regarding medication management, first-aid supplies, food/menus, and physical facility maintenance;

•     Staff qualifications and training;

•     Staffing ratios and child supervision; and

•     Program activities and toys.

     The anticipated effect of the new rules will be consistent standards of care for children placed away from their home and family by their parents. The inspections by the Office of the State Fire Marshal and Department of Health help to ensure that the physical safety of each child is in place. The rules provide adequate staffing levels and standards of supervision to promote the health and safety of the children.

     Proposal does not change existing rules. The proposed rules do not change current permanent rules. When adopted as permanent, the proposed WAC 388-145-0010 through 388-145-1220 will replace emergency new WAC 388-148-1205 through 388-148-1300 that were filed previously as WSR 02-23-064, 02-15-132, and 02-08-031.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Children's Administration has analyzed the proposed rules and concluded that no small businesses will be impacted.

     RCW 34.05.328 applies to this rule adoption. Since the proposed new regulations "make significant changes to a policy or regulatory program" (see RCW 34.05.328 (5)(c)(iii)), Children's Administration has determined the proposed rules to be "significant" as defined by the legislature. As required by RCW 34.05.328 (1)(c), Children's Administration has analyzed the probable costs and probably benefits of the proposed new requirements, taking into account both the qualitative and quantitative benefits and costs. This cost-benefit analysis is available by contacting the person above.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on February 25, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by February 21, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., February 25, 2003.

     Date of Intended Adoption: Not earlier than February 26, 2003.

Bonnie Jacques

for 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 03-03 issue of the Register.

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