WSR 16-10-020 PROPOSED RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed April 25, 2016, 9:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-06-112.
Title of Rule and Other Identifying Information: The department is proposing new language to chapters 388-145, 388-147, and 388-148 WAC to provide further licensing instructions for child safety and well-being and additional clarification to the minimum licensing requirements. The division of licensed resources (DLR) minimum licensing requirements were amended on January 11, 2015. Following the release of these amended WAC chapters, DSHS staff, private agency staff, group care staff, and foster parents requested additional changes to be made to the minimum licensing requirements.
Hearing Location(s): Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2), on July 5, 2016, at 10:00 a.m.
Date of Intended Adoption: Not earlier than July 6, 2016.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., July 5, 2016.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by June 21, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapters 388-145, 388-147, and 388-148 WAC. The intent of this revision to chapters 388-145, 388-147, and 388-148 WAC is to modify the minimum licensing requirements or provide additional clarification or housekeeping edits to the current language. It will also create new requirements for the safety and well-being of children. The anticipated effects will be that foster parents, DSHS staff, child placing agency staff and group care staff will better understand the WAC requirements.
Reasons Supporting Proposal: The requested revisions for chapters 388-145, 388-147, and 388-148 WAC will provide foster parents, DSHS staff, private agency and group care staff additional clarification on the minimum licensing requirements.
Rule is necessary because of federal law, WAC 388-145-1540, 388-147-1545, and 388-148-1425 must be changed per Public Law 113-183 the Preventing Sex Trafficking and Strengthening Families Act.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristina Wright, OB2, Olympia, Washington, (360) 902-8349.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: The department of social and health services' children's administration (CA) is proposing amendments to chapters 388-145, 388-147, and 388-148 WAC, licensing requirement for group care facilities, child placing agencies and adoption services, and child foster homes.
DLR licensing requirements were amended on January 11, 2015. Since the release[,] foster parents, DSHS agency staff, group care facilities, and child placing agencies have requested additional changes. The intent of the proposed WAC revisions are to provide foster parents, department staff, group care facilities, and child placing agencies additional clarification on the licensing process and requirements.
The proposed amendments to this chapter include, but are not limited to:
SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS)—DETERMINATION OF NEED: 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 business entities that employ fifty or fewer people and are independently owned and operated.
These proposed rules impact child placing agencies and adoption services and group care facilities. These businesses fall under the child group foster homes designation by the North American Industry Classification System (NAICS) codes (#623990).
Preparation of an 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 has determined that small businesses will not be disproportionately impacted by these changes. There are no additional costs to child placing agencies or group care facilities with the implementation of the WAC revisions noted above.
INDUSTRY ANALYSIS: DLR, CA, is responsible for the development and regulatory oversight of all licensing requirements for child placing agencies and group residential facilities per chapter 74.15 RCW. As part of their monitoring, DLR keeps a current internal data base that identifies all affected small businesses.
Most of the child placing agencies and facilities with whom CA contracts are considered to be small businesses employing fewer than fifty staff. These proposed rules impact the licensing of child placing agencies and adoption services and group care facilities.
INVOLVEMENT OF SMALL BUSINESSES: DLR involved child placing agencies licensing staff, tribes, and group residential care stakeholders. An e-mail survey was sent out to the two hundred thirty-one child placing agencies or group care facilities licensed by DLR statewide. These small businesses were asked whether or not the implementation of the proposed WAC revision would cause additional costs to either the child placing agency or group care facility. All of the agencies that responded indicated that there would not be additional costs.
COST OF COMPLIANCE: Under RCW 19.85.020, CA has considered annual costs to small businesses that are fifty dollars or more per child served annually.
General Costs: DLR's analysis revealed that there are no costs imposed by the proposed amendments. An e-mail survey was sent out to the two hundred thirty-one child placing agencies or group care facilities that DLR licenses statewide. Out of two hundred thirty-one e-mails sent, twenty-three responses were received and one hundred percent reported that the implementation of the proposed WAC revision would not cause any additional cost to the group care facilities.
Benefits for Proposed Rules: The proposed WAC revisions for chapters 388-145, 388-147, and 388-148 WAC will provide foster parents, DSHS staff, child placing agency staff, and group care staff further clarification on the licensing process and the minimum licensing requirements. It will also create some new additional requirements for the safety and well-being of children.
JOBS CREATED OR LOST: We do not anticipate that jobs will be lost or created as a result of these rules.
CONCLUSION: DLR, CA has given careful consideration to the impact proposed rules in chapters 388-145, 388-147, and 388-148 WAC would have on small businesses. To comply with the Regulatory Fairness Act, chapter 19.85 RCW, DLR has analyzed impacts on small businesses and there is no cost to child placing agencies or group care facilities with the proposed WAC amendments.
Please contact Kristina Wright if you have questions.
A copy of the statement may be obtained by contacting Kristina Wright, 1115 Washington Street, Olympia, WA 98504-5710, phone (360) 902-8349, fax (360) 902-7903, e-mail wrighks@dshs.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kristina Wright, 1115 Washington Street, Olympia, WA 98504-5710, phone (360) 902-8349, fax (360) 902-7903, e-mail wrighks@dshs.wa.gov.
April 19, 2016
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 16-12 issue of the Register. | ||||||||||||||||||