WSR 10-13-145

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed June 23, 2010, 7:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-06-086.

Title of Rule and Other Identifying Information: Revisions to chapter 388-61A WAC, Shelters for victims of domestic violence.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on August 24, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than August 25, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 24, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 10, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of social and health services (DSHS), children's administration, division of program and practice improvement is proposing to repeal all sections in chapter 388-61A WAC, Shelters for victims of domestic violence, and to replace them with new sections. The purpose of the chapter is to have uniform statewide standards for domestic violence shelters and supportive services funded by DSHS. These standards address issues such as adequate food, clothing, emergency housing, safety, security, and advocacy.

The proposed major changes to the chapter: New definitions and changes to existing definitions; adds new section that describes the model that must be used in providing the minimum services standards established by the proposed rule; describes the supportive services that must be provided by domestic violence agencies funded by DSHS; adds supportive services and resources for children/youth residing in emergency domestic violence shelter; describes requirements for an agency's crisis hotline; updates the requirements for cribs and bassinets, provision of food/clothing, and storing resident medications in the emergency domestic violence shelter.

Reasons Supporting Proposal: Updates, revises and augments the minimum standards that were first enacted in 1979.

Statutory Authority for Adoption: Chapter 70.123 RCW.

Statute Being Implemented: Chapter 70.123 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: Susan Hannibal, 4045 Delridge Way S.W., Room 200, Seattle, 98106, (206) 923-4910.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The statute defines small businesses as those businesses that employ fifty or fewer people and are independently owned and operated.

The proposed rules affect forty-three emergency domestic violence shelter agencies that DSHS/CA contracts with for client services. In a December 2009, on-line cost-benefit survey distributed to these agencies, thirty-four of the forty-three domestic violence shelter contractors responded for a response rate of seventy-nine percent. Large and small domestic violence shelter agencies were represented in the range of contractors responding to the survey. The number of individuals employed by the thirty-four survey respondents ranged from a low of four to a high of thirty-nine.

Preparation of a small business economic impact statement (SBEIS) is required when a proposed rule has the potential of placing a disproportionate economic impact on small businesses. The statute outlines information that must be included in an SBEIS. CA has analyzed the proposed rule amendments and concludes that they will not impose disproportionate costs on small businesses. All the agencies affected by the proposed rules are small businesses employing fewer than fifty full-time equivalent employees. Consequently, there is no disproportionate impact on small businesses from the proposed rule amendments. The preparation of a comprehensive SBEIS is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Susan Hannibal, DSHS/CA, c/o QA/Training Office, 4045 Delridge Way S.W., Room 200, Seattle, WA 98106, phone (206) 923-4910, fax (206) 923-4899, e-mail hsus300@dshs.wa.gov.

June 9, 2010

Katherine I. Vasquez

Rules Coordinator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 10-14 issue of the Register.

Washington State Code Reviser's Office