WSR 05-14-013

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed June 22, 2005, 4:22 p.m. , effective July 23, 2005 ]


Purpose: Amendments to WAC 388-160-0075 makes the chapter consistent with the licensing requirements of other chapters governing Children's Administration's licensed residential facilities. The changes further increase the safety protections around child abuse or neglect history of applicants and staff of an overnight youth shelter. Changes to WAC 388-160-0195 clarifies the meaning of the word "disqualify" by replacing with the words that are the intent of this section, which are "deny, suspend, or revoke." This adds clarity and consistency.

Citation of Existing Rules Affected by this Order: Amending WAC 388-160-0075 and 388-160-0195.

Statutory Authority for Adoption: RCW 74.15.010, 74.15.030.

Adopted under notice filed as WSR 05-09-079 on April 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: June 16, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3538.1
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