WSR 18-07-096

PROPOSED RULES

[Filed March 20, 2018, 2:12 p.m.]

Preproposal statement of inquiry was filed as WSR 18-03-055.

Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-145-1305 What definitions do I need to know to understand this chapter?, 388-145-1330 How does the department determine my suitability to become a licensed provider?, 388-145-1355 Am I required to comply with local ordinances?, 388-145-1400 Can employees, volunteers and subcontractors be disqualified from having access to the children in my facility?, 388-145-1405 What can I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check?, 388-145-1430 What are the requirements of an on-site program manager?, 388-145-1460 Do I need to employ consultants at my facility?, 388-145-1475 What are the requirements for volunteers working directly with children/youth at my facility?, 388-145-1560 What toilet and bathing facilities are required?, 388-145-1565 What is the ratio of persons normally on the premises to bathrooms at my facility?, 388-145-1610 What are the requirements for beds in a facility?, 388-145-1835 Am I required to assess a child's need for immediate medical attention?, 388-145-1855 What are the general requirements for managing a child's medication?, 388-147-1305 What definitions do I need to know to understand this chapter?, 388-147-1425 What can I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check?, 388-147-1450 What are the qualifications of a program manager?, 388-147-1565 Are alcoholic beverages, marijuana or illegal drugs allowed at my agency or in our certified homes?, 388-148-1305 What definitions do I need to know to understand this chapter?, 388-148-1365 What are the character and personal requirements for foster parents?, 388-148-1530 Can children participate in everyday activities under my care?, and 388-148-1645 What can I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check?

The intent of these WAC revisions is to provide foster parents, child placing agencies, and group care facilities further instructions and additional clarity regarding the minimum licensing requirements. The changes include correcting grammatical errors, clarifying licensing standards, and improving rule content for increased understandability.

Hearing Location(s): On May 8, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (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.

Date of Intended Adoption: Not earlier than May 9, 2018.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoorinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., May 8, 2018.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by April 24, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these WAC amendments is to provide foster parents, child placing agencies, and group care facilities further instructions and additional clarity regarding the minimum licensing standards. The division of licensed resources (DLR) WAC were overhauled in 2015, and since that time both internal and external stakeholders have provided feedback to improve and increase the understandability of the WAC.

Reasons Supporting Proposal: Feedback has been received from both internal and external stakeholders including foster parents, children's administration (CA) staff, private agency staff, regional medical consultants, assistant attorney generals, the Foster Parent 1624 Statewide Consultation Team, and the CA Indian Policy Advisory Subcommittee. The feedback has been incorporated and will only improve the current WAC consistency, and will provide additional clarity regarding the minimum licensing requirements.

Statutory Authority for Adoption: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristina Wright, 1115 Washington S.E., Olympia, WA 98504, 360-902-8349.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed amended WAC are not significant legislative rules under RCW 34.05.328 (5)(c)(iii), therefore a cost-benefit analysis is not required for this filing.

Is exempt under RCW 19.85.025.

Explanation of exemptions: The proposed rules do not impose more than minor costs on small businesses or small nonprofit organizations.

March 20, 2018

Katherine I. Vasquez

Rules Coordinator