WSR 05-07-134

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 22, 2005, 4:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-18-069.

Title of Rule and Other Identifying Information: WAC 388-145-0100 What personal characteristics must I have to provide care to children at a center? and 388-145-0230 When is a license denied, suspended or revoked?, amendments are proposed for two sections of the licensing rules for emergency respite centers (ERC), chapter 388-145 WAC for clarity and consistency with licensing rule chapters for other residential facilities licensed by Children's Administration.

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on April 26, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than April 27, 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., April 26, 2005.

Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by April 22, 2005, TTY (360) 664-6178 or (360) 664-6097.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to both WAC sections make this chapter consistent with the licensing requirements of other chapters governing Children's Administration's licensed residential facilities. The changes further increase safety protections around the background investigations of individuals on the premises of emergency respite centers.

The amendments to WAC 388-145-0100 give the department the authority to deny employment on the basis of child protective services (CPS) and licensed resources (LR) history, if warranted. The major benefit is increasing safety for children in care at emergency respite centers.

A proposed amendment to WAC 388-145-0230 clarifies the meaning of the word "disqualify" to be consistent with what is actually meant by the rule. The word "disqualify" is replaced with the words "deny, suspend, or revoke." This adds clarity and consistency. This affects other individuals on the premises as well as the licensee, which will assist in the thoroughness of screening of potential employees, volunteers, and interns.

Statutory Authority for Adoption: RCW 74.15.030, 74.15.280.

Statute Being Implemented: RCW 74.15.030, 74.15.280.

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

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

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, 1115 Washington Street S.E., Olympia, WA, (360) 902-7992; and Enforcement: Licensed Resources/CA, statewide.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Children's Administration has determined based on information received that the costs of implementing the proposed rules do not impose new costs to the small businesses affected by them.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, phone (360) 902-7992, fax (360) 902-7992, e-mail loje300@dshs.wa.gov.

March 18, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3537.1
AMENDATORY SECTION(Amending WSR 03-08-026, filed 3/26/03, effective 4/26/03)

WAC 388-145-0100   What personal characteristics must ((I)) a person have to provide care to children at a center?   If ((you are)) a person is requesting a license or a position as an employee, volunteer, intern, or contractor in an emergency respite center, ((you)) he/she must:

(1) Demonstrate an understanding, ability, physical health, emotional stability and personality suited to meet the physical, mental, emotional, and social needs of the children under ((your)) his/her care.

(2) Be able to furnish the child with a nurturing, respectful, supportive, and responsive environment.

(3) Not have been disqualified by our background check (chapter 388-06 WAC) before having unsupervised access to children.

(4) Not have been found to have committed child abuse or neglect.

(5) Not have had a license denied or revoked from an agency that provides care to children or vulnerable adults, unless the department determines that the denial or revocation was not based on a factor that may pose a risk to the health, safety or welfare of children.

[Statutory Authority: RCW 74.15.280, 74.15.020 and 2001 c 230. 03-08-026, 388-145-0100, filed 3/26/03, effective 4/26/03.]


AMENDATORY SECTION(Amending WSR 03-08-026, filed 3/26/03, effective 4/26/03)

WAC 388-145-0230   When is a license denied, suspended or revoked?   (1) An emergency respite center license must be denied, suspended or revoked if the department decides that you cannot provide care for children in a way that ensures their safety, health and well-being.

(2) The department must ((disqualify you)) deny, suspend, or revoke your license for any of the reasons that follow:

(a) Your facility fails to meet the health and safety requirements to receive a certificate of compliance as required by the department of health and/or Washington state patrol fire protection bureau.

(b) You or anyone on the premises have been disqualified by your background check (see chapter 388-06 WAC).

(c) You or anyone on the premises have been found to have committed child abuse or neglect, or you treat, permit or assist in treating children in your care with cruelty, indifference, abuse, neglect, or exploitation, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(d) You or anyone on the premises had a license denied or revoked from an agency that provided care to children or vulnerable adults, unless the department determines that the denial or revocation was not based on a factor that may pose a risk to the health, safety or welfare of children.

(e) You try to get a license deceitfully, such as making false statements or leaving out important information on the application.

(f) You commit, permit or assist in an illegal act on the premises of an emergency respite center providing care to children.

(g) You are using illegal drugs, or excessively using alcohol and/or prescription drugs.

(h) You knowingly allowed employees or volunteers with false statements on their applications to work at your agency.

(i) You repeatedly lack qualified or an adequate number of staff to care for the number and types of children under your care.

(j) You have refused to allow our authorized staff and inspectors to have requested information or access to your facility, child and program files, and/or your staff and clients.

(k) You are unable to manage the property, fiscal responsibilities, or staff in your agency.

(l) You have failed to comply with the federal and state laws for any Native American children that you have under care.

[Statutory Authority: RCW 74.15.280, 74.15.020 and 2001 c 230. 03-08-026, 388-145-0230, filed 3/26/03, effective 4/26/03.]

Washington State Code Reviser's Office