WSR 05-09-079



(Children's Administration)

[ Filed April 19, 2005, 3:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-18-067.

Title of Rule and Other Identifying Information: Amending WAC 388-160-0075 What qualifications do I need to care for youth at an overnight youth shelter?, and 388-160-0195 When must the department deny, suspend or revoke a license?, amendments are proposed for two sections of the licensing rules for overnight youth shelters (OYS), chapter 388-160 WAC, for clarity and consistency with licensing rule chapters for other residential facilities licensed by Children's Administration (CA).

Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on May 24, 2005, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 25, 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, fax (360) 664-6185, by 5:00 p.m., May 24, 2005.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 20, 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 CA's licensed residential facilities. The changes further increase the safety protections around child abuse or neglect history of applicants and staff of an OYS.

Reasons Supporting Proposal: The proposed amendments to WAC 388-160-0075 allow the department discretion in denying or revoking an application or employment due to a previous denial or revocation of a license or employment. The change will make the language consistent with other licensed facilities.

The proposed amendments to WAC 388-160-0195 clarifies the meaning of the word "disqualify" by replacing it with the words that are the intent of this section, which are "deny, suspend, or revoke." This adds clarity and consistency.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: Chapter 74.15 RCW.

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

Name of Proponent: Department of Social and Health Services, Children's Administration, 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. CA has determined based on information received that the costs of implementing the proposed rules does 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) 902-7903, e-mail

April 12, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 01-15-001, filed 7/5/01, effective 8/5/01)

WAC 388-160-0075   What qualifications ((do I)) does a person need to care for youth at an overnight youth shelter?   If ((you are)) a person is requesting a license or a position as an employee, intern, or a volunteer at an overnight youth shelter, ((you)) he/she must not:

(1) Have a history of ((founded)) child abuse or neglect.

(2) Be disqualified by our background check (see chapter 388-06 WAC).

(3) 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.

(4) The department may require additional information from you, your staff, interns, or volunteers. We may request this information at any time and it may include, but is not limited to any of the following evaluations and/or documentation of completed treatment:

(a) Substance and alcohol abuse evaluations;

(b) Psychiatric evaluations;

(c) Psycho-sexual evaluations; and

(d) Medical evaluations or reports.

(((4))) (5) Any evaluation or information requested by the department must be supplied at the expense of the applicant or licensee.

(((5))) (6) The department must approve the evaluator providing the above services and you must give the licensor permission to speak with the evaluator before and after the evaluation.

[Statutory Authority: Chapter 75.15 [74.15] RCW. 01-15-001, 388-160-0075, filed 7/5/01, effective 8/5/01.]

AMENDATORY SECTION(Amending WSR 01-15-001, filed 7/5/01, effective 8/5/01)

WAC 388-160-0195   When must the department deny, suspend or revoke a license?   (1) A license must be denied, suspended or revoked if the department decides that you cannot provide care for youth in a way that ensures their safety, health and well-being.

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

(a) You have failed your background check (see chapter 388-06 WAC).

(b) You 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.

(c) You or anyone on the premises had a license denied or revoked from an agency that provided care to children or vulnerable adults.

(d) You attempt to get a license by deceitful means, such as making false statements or leaving out important information on the application.

(e) You commit, permit or assist in an illegal act on the premises of a home or facility providing care to children.

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

(g) You knowingly allowed employees or volunteers who made false statements on their applications to work at your agency.

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

(i) 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.

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

[Statutory Authority: Chapter 75.15 [74.15] RCW. 01-15-001, 388-160-0195, filed 7/5/01, effective 8/5/01.]

Washington State Code Reviser's Office