WSR 14-20-066 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed September 26, 2014, 12:43 p.m., effective September 26, 2014, 12:43 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: WAC 388-160-0265 establishes notification requirements for licensed shelters and organizations for the safety of youth served. RCW 13.32A.082 was changed requiring staff to contact parents within seventy-two hours of a youth coming to a shelter without parental permission, unless there are compelling reasons. If compelling reasons exist, the department must be contacted. The law also requires staff to check information that is publicly available at Washington state patrol every eight hours to see if a youth is listed as a runaway.
Citation of Existing Rules Affected by this Order: Amending WAC 388-160-0265.
Statutory Authority for Adoption: RCW 13.32A.082.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: RCW 13.32A.082 was passed in 2013, changes have not been made to WAC 388-160-0265 to reflect changes in legislation that specify reporting requirements for shelters and licensed organizations that serve youth. Therefore, these changes need to go into effect immediately.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: September 18, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-15-001, filed 7/5/01, effective 8/5/01)
WAC 388-160-0265 Do I need to report runaway youth who stay at the shelter?
(1) If you are licensed as an overnight youth shelter or are otherwise licensed to provide residential services for runaway or homeless youth, and you learn that a youth in your facility does not have a parental permission to be there, you or your staff must:
(a) Within ((eight)) seventy-two hours ((of learning that a youth staying at a shelter does not have parental permission to be there, shelter staff must report the location of the youth to:
(a) The parent;
(b) The law enforcement agency having jurisdiction in the shelter's area; or
(c) The department ))
(2) The shelter staff must:))
(a) Make the report by telephone or other reasonable means; and))
(b) Document the report in writing in the youth's file.)) (preferably within twenty-four hours), notify the parent by telephone or other reasonable means unless compelling reasons exist. You must provide the youth's whereabouts, give a description of the youth's physical and emotional condition, and report the circumstances surrounding the youth's contact with your facility. You must document this notification in the youth's file.
(b) If compelling reasons exist, you must notify children's administration intake. This includes reason to believe notifying the youth's parents will result in abuse or neglect of the youth as defined in RCW 26.44.020.
(c) You or your staff must also review the public information on missing youth made available by the Washington state patrol at least once every eight hours while a youth is present at your facility. If a youth is listed as missing, you must immediately notify children's administration intake with the information listed in (1)(a) above.
|