WSR 03-06-091

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 4, 2003, 3:58 p.m. ]

Date of Adoption: March 4, 2003.

Purpose: The purpose of the proposed emergency rule adoption for emergency respite centers (ERC) (WAC 388-148-1205 through 388-148-1300) is to establish licensing standards immediately for programs providing out-of-home placement to children at risk of child abuse/neglect. Licensing standards do not currently exist for ERC. The emergency rules would provide protection to the children placed by their parents or legal guardians with ERC.

Statutory Authority for Adoption: RCW 74.15.020, as amended by chapter 230, Laws of 2001, RCW 74.15.280.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: There are emergency respite centers sometimes called crisis nurseries in operation across the state. Several agencies have built new facilities that have not received certificates of compliance from the Department of Health or Office of State Fire Marshal. Children's Administration is proposing the emergency WACs to provide for the safety of any child placed in an emergency respite center while permanent rules are developed. Progress has been made on the development of permanent rules. Proposed rules were filed as WSR 03-01-117, and a public hearing was held on February 25, 2003. When permanent rules are filed and effective, they will replace and supersede these emergency rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 20, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 20, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

March 4, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3011.2EMERGENCY RESPITE CENTER -- EMERGENCY WAC
NEW SECTION
WAC 388-148-1205   What is an emergency respite center?   An emergency respite center is a licensed facility sometimes called a crisis nursery that provides emergency and crisis care for up to seventy-two hours to children who are admitted by their parents or guardians to prevent abuse or neglect.

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NEW SECTION
WAC 388-148-1210   What services may be provided or arranged for by the emergency respite center?   An emergency respite center must maintain current information on community services or provide referral services that are needed by the families they serve. The services also may include:

(1) An intake assessment and referral; and

(2) The provision of direct child care.

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NEW SECTION
WAC 388-148-1215   What services must emergency respite centers not provide?   An emergency respite center may not provide services that substitute for crisis residential centers, HOPE centers, or any other services required under chapter 13.32A (Family reconciliation services) or 13.34 RCW (Child welfare dependencies).

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NEW SECTION
WAC 388-148-1220   Who may provide emergency respite services?   Emergency respite centers may provide emergency respite services to children who are admitted by their parents or legal guardians to prevent abuse or neglect.

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NEW SECTION
WAC 388-148-1225   May a facility be licensed as an emergency respite center and a child care center?   A licensed emergency respite center may also be licensed as a child care center.

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NEW SECTION
WAC 388-148-1230   Who may an emergency respite center serve?   (1) Emergency respite centers may provide care for children from birth through seventeen years.

(2) There is one situation when an emergency respite centers may provide care for a person eighteen through twenty years of age. That situation is when an eighteen through twenty-year old person is developmentally disabled and admitted by their parent or legal guardian with a sibling who is under eighteen.

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NEW SECTION
WAC 388-148-1235   What hours are emergency respite centers open?   An emergency respite center may be open twenty-four hours a day, seven days a week.

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NEW SECTION
WAC 388-148-1240   Who may place children in emergency respite center?   A parent or legal guardian of a child may place a child in an emergency respite center.

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NEW SECTION
WAC 388-148-1245   How long may a child stay in an emergency respite center?   A child may be placed in an emergency respite center for up to seventy-two hours.

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NEW SECTION
WAC 388-148-1250   What written information is needed before a child is admitted to an emergency respite center?   An emergency respite center must obtain the following written consent and information from the parent or guardian before a child may be accepted for emergency respite care:

(1) Permission from the child's parent or guardian authorizing the placement of their child in an emergency respite center;

(2) Permission to seek emergency medical care on behalf of their child;

(3) Basic family information, including address, telephone numbers, and emergency contact; and

(4) Basic medical information, including current medication, known allergies, and at-risk behaviors of the child.

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NEW SECTION
WAC 388-148-1255   Is a health history required upon admission to an emergency respite center?   Emergency respite centers are not required, but may obtain a health history upon admission from the parent, legal guardian, or child-placing agency placing a child for emergency respite services.

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NEW SECTION
WAC 388-148-1260   Must all children accepted for care in an emergency respite center have current immunizations?   Emergency respite centers may accept a child who is not current with immunizations for care in an emergency respite center.

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NEW SECTION
WAC 388-148-1265   What are the qualifications for an executive director or an emergency respite center?   The executive director of an emergency respite center must meet the qualifications for a group care executive director (WAC 388-148-0700), except that a degree in early childhood education may substitute for a degree in social science.

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NEW SECTION
WAC 388-148-1270   What are the qualifications for the on-site program manager for an emergency respite center?   The on-site program manager for an emergency respite center must meet the qualifications for the group care on-site program manager (WAC 388-148-0720), except that a degree in early childhood education may be substituted for a degree in social science.

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NEW SECTION
WAC 388-148-1275   Are professional consultants needed for an emergency respite center?   (1) Emergency respite centers must have consultants available, as needed to work with your staff, the children you serve, and the children's families. The consultants must meet the full professional competency requirements in their respective fields. The consultant or consultants must have:

(a) The training, experience, knowledge and demonstrated skills in each area that he or she will be supervising;

(b) The ability to ensure your staff develop their skills and understanding needed to effectively manage their cases;

(c) Knowledge of mandatory child abuse and neglect reporting requirements; and

(d) Training and experience in early childhood education.

(2) Consultants may be hired as staff or operate under a contract with an emergency respite center.

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NEW SECTION
WAC 388-148-1280   What is the ratio of child care staff to children in an emergency respite center?   (1) At all times, emergency respite centers must have the following minimum staffing ratios:

(a) At least two staff on duty when children are present;

(b) One child care staff providing visual or auditory supervision;

(c) One staff for every two children when children are birth through two years old;

(d) One staff for every three children when children are three through five years old;

(e) One staff for every eight children when children are six through seventeen years old.

(2) You must have relief staff so that all staff can have the equivalent of two days off a week.

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NEW SECTION
WAC 388-148-1285   What are the requirements for supervision of children placed in an emergency respite center?   (1) Emergency respite centers must provide or arrange for care and supervision that is appropriate for the child's age, developmental level, and condition.

(2) Emergency respite centers must supervise children who help with food preparation in the kitchen, based on their age and skills.

(3) Preschool children and children with severe developmental disabilities must not be left unattended in a bathtub or shower.

(4) Staff, volunteers, and others caring for children at an emergency respite center must provide the children with appropriate adult supervision, emotional support, personal attention, and structured daily routines and living experiences.

(5) In emergency respite centers, children must be within visual or auditory range at all times.

(6) When a child exhibits behavior that poses a safety risk to other children in care, the child must not share a bedroom with other children.

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NEW SECTION
WAC 388-148-1290   What fire safety requirements must I follow to receive a license as an emergency respite center?   An emergency respite center must comply with the requirements for fire and life safety of the office of the State Fire Marshal under chapter 212-12 WAC.

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NEW SECTION
WAC 388-148-1295   Does an emergency respite center need approval from the department of health?   An emergency respite center must receive a certificate of compliance from the department of health before the department (DSHS) will issue an emergency respite center license.

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NEW SECTION
WAC 388-148-1300   What licensing requirements in chapter 388-148 WAC must I follow to be licensed as an emergency respite center?   (1) An emergency respite center must comply with the group care licensing requirements and the following sections of chapter 388-148 WAC:

(a) WAC 388-148-0005 through 388-148-0215;

(b) WAC 388-148-0260 through 388-148-0330;

(c) WAC 388-148-0345 through 388-148-0450;

(d) WAC 388-148-0465 through 388-148-0490;

(e) WAC 388-148-0565;

(f) WAC 388-148-0575 through 388-148-0605;

(g) WAC 388-148-0660 through 388-148-0690;

(h) WAC 388-148-0700 through 388-148-0720; and

(i) WAC 388-148-0730 through 388-148-0740.

(2) To be licensed as an emergency respite center you must comply with the specific section of chapter 388-148 WAC that applies to emergency respite centers WAC 388-148-1205 through 388-148-1300, in addition of the subsection (1) above.

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