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

     Purpose: The amendment (a) clarifies confidentiality requirements for emergency domestic violence shelter programs and incorporates federal and state legislative requirements; (b) clarifies fire safety requirements for emergency domestic violence shelter homes; and (3) repeals appeal rights because dispute remedies for contractors are incorporated in the contract for services. This rule change includes the amendment and repeal of sections in chapter 388-61A WAC as well as the adoption of new WAC 388-61A-0146, 388-61A-0147, 388-61A-0148, and 388-61A-0149.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-61A-0185, 388-61A-0190 and 388-61A-0195; and amending WAC 388-61A-0025 and 388-61A-0135.

     Statutory Authority for Adoption: Chapter 70.123 RCW.

     Other Authority: Chapter 259, Laws of 2006 (ESHB 2848), and federal PL 109-162.

      Adopted under notice filed as WSR 06-22-077 on October 31, 2006.

     Changes Other than Editing from Proposed to Adopted Version: In response to comments on the proposed rules, the department made an addition to WAC 388-61A-0147 (1)(e): "Release of information is otherwise required by law or court order, or following in-camera review pursuant to RCW 70.123.075, with the following additional requirements:".

     A final cost-benefit analysis is available by contacting Susan Hannibal, 4045 Delridge Way S.W., Room 200, Seattle, WA 98106, phone (206) 923-4910, fax (206) 923-4899, e-mail hsus300@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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 3.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 2, Repealed 3.

     Date Adopted: February 6, 2007.

Robin Arnold-Williams

Secretary

     "Advocate counselor" means a trained staff person who works in a domestic violence service and provides advocacy-based counseling, counseling, and supportive temporary shelter services to clients.

     "Client" means a victim of domestic violence or dependent child of the victim.

     "Cohabitant" means a person who is married or is living with a person as a husband or wife at the present time or at some time in the past. Any person who has one or more children in common with another person, regardless of whether they have been married or have lived together at any time, is considered a cohabitant.

     "Confidential communication" means all information, oral, written or nonverbal, transmitted between a victim of domestic violence and a domestic violence advocate counselor in the course of their relationship and in confidence by means which, so far as the victim is aware, does not disclose the information to a third person.

     "Confidential information" includes, but is not limited to, any information, advice, notes, reports, statistical data, memoranda, working papers, records or the like, made or given during the relationship between a victim of domestic violence and a domestic violence advocate counselor, however maintained. Confidential information specifically includes the name, address, telephone number, social security number, date of birth, nine-digit ZIP code, and other personally identifying information, physical appearance of, and case file or history of, any victim of domestic violence who seeks or has received services from a domestic violence advocate counselor or domestic violence service.

     "Department" means the department of social and health services (DSHS).

     "Domestic violence" includes, but is not limited to, the criminal offenses defined in RCW 10.99.020 when committed by one cohabitant against another.

     "Domestic violence service" means an agency that provides shelter, advocacy, and counseling for domestic violence clients in a safe, supportive environment.

     "Lodging unit" means one or more rooms used for a victim of domestic violence including rooms used for sleeping or sitting.

     "Personally identifying information" includes, but is not limited to, first and last name, home or other physical address, telephone number, social security number, date of birth, nine-digit ZIP code, and other personally identifying information, physical appearance of, and case file or history of, any victim of domestic violence who seeks or has received services from a domestic violence advocate counselor or domestic violence service, or such other information which, taken individually or together with other identifying information, could identify a particular individual.

     "Program" means the DSHS domestic violence program.

     "Safe home" means a shelter that has two or less lodging units and has a written working agreement with a domestic violence service.

     "Secretary" means the DSHS secretary or the secretary's designee.

     "Shelter" means a safe home or shelter home that provides temporary refuge and adequate food and clothing offered on a twenty-four hour, seven-day-per-week basis to victims of domestic violence and their children.

     "Shelter home" means a shelter that has three or more lodging units and either is a component of or has a written working agreement with a domestic violence service.

     "Staff" means persons who are paid or who volunteer services and are a part of a domestic violence service.

     "Victim" means a cohabitant who has been subjected to domestic violence.

     "We, us and our" refers to the department of social and health services and its employees.

     "You, I and your" refers to the domestic violence service or shelter.

[Statutory Authority: Chapter 70.123 RCW. 01-07-053, § 388-61A-0025, filed 3/16/01, effective 4/16/01.]

     (1) When a shelter home is not a component of a domestic violence service, the shelter home and domestic violence service must have a written working agreement before the shelter home receives clients from the domestic violence service. The written working agreement must include:

     (a) Confirmation that the domestic violence service has inspected the shelter home and that the shelter home complies with the general facility and additional requirements for shelter homes;

     (b) How the domestic violence service will provide supportive services to shelter home residents; and

     (c) Verification that shelter home staff received initial basic training as outlined in this rule by the domestic violence service.

     (2) Shelter homes must provide at least one toilet, sink, and bathing facility for each fifteen clients or fraction of this number. The floors of all toilet and bathing facilities must be resistant to moisture.

     (3) You must have at least one telephone at the shelter for incoming and outgoing calls. Next to the telephone in shelter homes you must post:

     (a) Emergency telephone numbers; and

     (b) Instructions on how residents can access domestic violence service staff.

     (4) In shelter homes all bathrooms, toilet rooms, laundry rooms, and janitor closets containing wet mops and brushes must have natural or mechanical ventilation in order to prevent objectionable odors and condensation.

     (5) When staff serve food to clients in shelter homes, the staff must prepare the food in compliance with WAC 246-215-190, Temporary food service establishment.

     (6) Shelter homes must develop and post hygiene procedures for handling and storing diapers and sanitizing the changing area.

     (7) Shelter homes must ((comply with the fire and life safety requirements as outlined in chapter 51-40 WAC)) request an annual fire and life safety inspection from their local fire department or fire marshal. The domestic violence service must maintain documentation of the request as well as any report issued as a result of the inspection. Any violations noted by the inspector must be immediately corrected by the domestic violence service.

     (8) Shelter homes must meet the following requirements for bedrooms:

     (a) Bedrooms must have a minimum ceiling height of seven and half feet;

     (b) Bedrooms must provide at least fifty square feet of usable floor area per bed; and

     (c) Floor area where the ceiling height is less than five feet cannot be considered as usable floor area.

     (9) When clients are residing in a shelter home at least one domestic violence service staff member must be present or on-call to go to the shelter home twenty-four-hours a day, seven-days-per-week.

[Statutory Authority: Chapter 70.123 RCW. 01-07-053, § 388-61A-0135, filed 3/16/01, effective 4/16/01.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-61A-0146   What information must the domestic violence service keep confidential?   (1) Agents, employees, and volunteers of a domestic violence service must maintain the confidentiality of all personally identifying information, confidential communications, and all confidential information as defined by WAC 388-61A-0025. Information which individually or together with other information could identify a particular victim of domestic violence must also be kept confidential.

     (2) Any reports, records, working papers, or other documentation, including electronic files, maintained by the domestic violence service, including information provided to the domestic violence service on behalf of the client. Any information considered privileged by statute, rule, regulation or policy that is shared with the domestic violence service on behalf of the client shall not be divulged without a valid written waiver of the privilege that is based on informed consent, or as otherwise required by law.

     (3) You must comply with the provisions of this section regarding confidential communications concerning clients regardless of when the client received the services of the domestic violence service.

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     (a) The client provides informed, written consent to the waiver of confidentiality that relates only to the client or the client's dependents;

     (b) Failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the client or other person;

     (c) Disclosure is required under Chapter 26.44 RCW, Abuse of Children;

     (d) Release of information is made to an authorized person to the extent necessary for a management audit, financial audit, or program evaluation with the following restrictions:

     (i) The authorized person shall sign a confidentiality agreement with the domestic violence service that demonstrates his or her acknowledgment of the requirement that client information be kept confidential;

     (ii) No personally identifying information about the client can be copied or removed from the domestic violence service;

     (iii) No copies of working papers or other documentation about the client can be removed from the domestic violence service; and

     (iv) The client file cannot be removed from the premises of the domestic violence service.

     (e) Release of information is otherwise required by law or court order, or following in-camera review pursuant to RCW 70.123.075, with the following additional requirements:

     (i) The domestic violence service shall make reasonable attempts to provide notice to the person affected by the disclosure of the information; and

     (ii) If personally identifying information is or will be disclosed, the domestic violence service shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of information.

     (2) Any release of information subject to any of the exceptions set forth above shall be limited to the minimum necessary to meet the requirement of the exception, and such release does not void the client's right to confidentiality and privilege on any other confidential communication between the client and the domestic violence service.

     (3) In the case of an unemancipated minor, the minor and the parent or guardian must provide the written consent. Consent for release may not be given by a parent who has abused the minor or the minor's other parent. In the case of a disabled adult who has been appointed a guardian, the guardian must consent to release unless the guardian is the abuser of the disabled adult.

     (4) To comply with federal, state, tribal, or territorial reporting, evaluation, or data collection requirements, domestic violence programs may disclose nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information.

     (5) If requested, a copy of the disclosed information shall be provided to the client.

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     (a) Be voluntary;

     (b) Relate only to the client or the client's dependents;

     (c) Clearly describe the scope and any limitations of the information to be released;

     (d) Include an expiration date for the release; and

     (e) Inform the client that consent can be withdrawn at any time whether it is made orally or in writing.

     (2) If the written waiver of confidentiality does not include an expiration date, it shall expire ninety days after the date it was signed.

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     (a) The client's right to privacy and confidentiality of the information shared with the domestic violence service;

     (b) Exceptions to confidentiality as described in this chapter;

     (c) That if the client signs a written waiver of confidentiality that allows their information to be shared with others, the client does not give up their right to have that information protected under other statutes, rules or laws;

     (d) That the client has the right to withdraw a written waiver of confidentiality at any time; and

     (e) That the domestic violence service will not condition the provision of services to the client based on a requirement that the client sign one or more releases of confidential information.

     (2) Information on the "Notice of Rights" must be explained to the client at the time of intake into the domestic violence service and then again, at the time the client is considering whether to sign a written waiver of confidentiality.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-61A-0185	What are my rights if DSHS suspends, revokes, or denies funding?
WAC 388-61A-0190	Will I be notified if my funding has been suspended, revoked, or denied?
WAC 388-61A-0195	How do I request an agency hearing?

© Washington State Code Reviser's Office