WSR 05-21-104

EXPEDITED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed October 18, 2005, 1:50 p.m. ]

Title of Rule and Other Identifying Information: WAC 388-160-0195 When must the department deny, suspend or revoke a license?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, or deliver to Blake Office Park East, 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185 , AND RECEIVED BY December 19, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is correcting a typographical error in subsection (2), changing "you" to "your" so that this subsection will read:

(2) The department must deny, suspend or revoke your license for any of the following..."

Correcting a typographical error in a rule is appropriate for expedited rule-making under RCW 34.05.353 (1)(c).

Reasons Supporting Proposal: The correction will clarify the intent of the rule.

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, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Deborah Reed, DSHS Children's Placement and Permanency Services, 11th and Jefferson, Olympia, Washington 98504, (360) 902-7953.

September 27, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

3584.1
AMENDATORY SECTION(Amending WSR 05-14-013, filed 6/22/05, effective 7/23/05)

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 deny, suspend, or revoke your 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: RCW 74.15.010, 74.15.030. 05-14-013, 388-160-0195, filed 6/22/05, effective 7/23/05. 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