WSR 05-11-008

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed May 4, 2005, 4:03 p.m. , effective June 4, 2005 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The amendments to two sections of chapter 388-145 WAC, Licensing requirements for emergency respite centers (aka: Crisis nurseries) are for the purpose of rule clarity and consistency with licensing rule chapters for other residential facilities licensed by Children's Administration.

Citation of Existing Rules Affected by this Order: Amending WAC 388-145-0100 and 388-145-0230.

Statutory Authority for Adoption: RCW 74.15.030, 74.15.280.

Adopted under notice filed as WSR 05-07-134 on March 22, 2005.

A final cost-benefit analysis is available by contacting Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, phone (360) 902-7992, fax (360) 902-7903, e-mail loje300@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: April 28, 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