CHILDREN, YOUTH, AND FAMILIES

[Filed December 19, 2019, 4:05 p.m.]

Preproposal statement of inquiry was filed as WSR 18-21-126.

Title of Rule and Other Identifying Information: Background Checks—Child Welfare Programs: Proposed amended WAC 110-04-0010 What is the purpose of this chapter?, 110-04-0020 What definitions apply WAC 388-06A-0100 through 388-06A-0260 of this chapter?, 110-04-0030 Why are background checks done?, 110-04-0040 Who must have background checks?, 110-04-0060 Does the background check process apply to new and renewal licenses, certifications, contracts, and authorizations to have unsupervised access to children?, 110-04-0070 What happens if I don't comply with the background check requirement?, 110-04-0080 What does the background check cover?, 110-04-0100 Will a criminal conviction permanently prohibit me from being licensed, contracted, certified, or authorized to have unsupervised access to children?, 110-04-0110 Are there other criminal convictions that will prohibit or disqualify me from being licensed, contracted, certified, or authorized to have unsupervised access to children?, 110-04-0120 If I have a conviction, may I ever have unsupervised access to children?, 110-04-0130 Will I be disqualified if there are pending criminal charges on my background check?, 110-04-0140 Will you license, contract, or authorize me to have unsupervised access to children if my conviction has been expunged, vacated from my record, or I have been pardoned for a crime?, and 110-04-0150 How will I know the status of a background check?

Group Care Licensing: Proposed amended WAC 110-145-1305 What definitions do I need to know to understand this chapter?, 110-145-1325 What is required to apply for a group care facility license?, 110-145-1330 How does the department determine my suitability to become a licensed provider or an employee, intern, or volunteer of a licensed provider?, 110-145-1400 Must prospective and current employees, volunteers, interns, and subcontractors be disqualified from having access to the children in my facility?, and 110-145-1550 What changes must I report to my licensor?

Hearing Location(s): On February 4, 2020, at 1:00 p.m., at Conference Room 4, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.

Date of Intended Adoption: February 6, 2020.

Submit Written Comments to: DCYF Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by February 4, 2020.

Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by January 31, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed rule amendments implement the Family First Prevention Services Act, which requires all employees working in a department of children, youth, and families (DCYF)-licensed group care facility, including those not working directly with children, to complete fingerprint based background checks and out-of-state child abuse and neglect registry checks for every state in which an individual lived in the five years preceding the background check application. Proposed amendments require volunteers providing direct care to children to pass a background check and out-of-state child abuse and neglect registry checks for every state in which an individual lived in the five years preceding the background check application.

Reasons Supporting Proposal: DCYF must comply with the Family First Prevention Services Act in order to continue to receive federal funding for licensed group care facilities.

Statutory Authority for Adoption: RCW 43.43.832, 74.13.031, and 74.15.030.

Statute Being Implemented: Chapter 74.15 RCW.

Rule is necessary because of federal law, P.L. 115-123.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Chris Parvin/Ernest Blackwell, Olympia, 253-260-0355; and Implementation and Enforcement: DCYF, statewide.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of these rules.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: Family First Prevention Services Act, P.L. 115-123, div. E, title VII, 2018, specifically, Part IV § 50745, requires fingerprint-based background checks and child abuse and neglect registry checks for all employees of group care facilities. The consequence of noncompliance would be the loss of federal appropriations that fund the state's group care facilities.

The proposed rule does impose more-than-minor costs on businesses.

1. Describe the proposed rule, including:

The proposed rules codify a current practice of requiring a group care facility's volunteers to complete fingerprint-based background check and child abuse and neglect registry check and receive DCYF authorization before providing direct care to children. Since October 2018, federal laws required all employees working in a group care facility, including individuals who do not work with children, to complete these checks and receive DCYF authorization before working in the facility. The department believes these standards should also apply to volunteers who provide direct care to children, since they are likely to have unsupervised access to the children receiving care. DCYF pays for volunteers' background checks as well as any necessary out-of-state child abuse and neglect registry checks. The potential cost to a group care facility is wages to ensure caregiver ratios are met for the number of children in care while awaiting DCYF's authorization of the volunteers. These potential costs may or may not exceed the minor cost threshold.


•	A brief history of the issue.
•	An explanation of why the proposed rule is needed.
•	A brief description of the probable compliance requirements and the kinds of professional services that a small business is likely to need in order to comply with the proposed rule.

2. Identify which businesses are required to comply with the proposed rule using the North American Industry Classification System (NAICS) codes and what the minor-cost thresholds are.

NAICS code (4, 5 or 6 digit)	NAICS business description	# of businesses in WA	Minor-cost threshold = 1% of average annual payroll	Minor-cost threshold = 0.3% of average annual receipts
623990	Group Care	152	$3,746.67	2375l.583333

3. Analyze the probable cost of compliance. Identify the probable costs to comply with the proposed rule, including: Cost of equipment, supplies, labor, professional services and increased administrative costs. Based on input, describe how compliance with the rule may cause lost sales or revenue. To mitigate the cost of compliance, DCYF is paying each volunteer's initial $66 application and fingerprinting background check fee as well as any necessary out-of-state child abuse and neglect registry checks.

Group care facility licensees identified potential financial impacts as increased labor costs to pay overtime to authorized employees to maintain required ratios while they wait for DCYF to authorize volunteers. The labor costs vary depending on each group care facility's location and the number of children for which the facility is licensed.

4. Explain how you determined the rule may impose more-than-minor costs on businesses in the industry. Group care facility licensees were surveyed to determine if they anticipate compliance will result in a financial impact, why, what the impact would likely be, and if they have suggestions for technique to mitigate any anticipated increased costs.

5. Determine whether the proposed rule may impose a disproportionate impact on small businesses compared to the ten percent of businesses that are the largest businesses required to comply with the proposed rule. Use one or more of the following as a basis for comparing costs:

Small businesses will likely have increased costs as a result of the proposed rules. It is not technically a disproportionate impact, however, since the majority of licensed group care facilities in the state are small businesses.


•	Cost per employee.
•	Cost per hour of labor.
•	Cost per $100 of sales.

6. If the proposed rule is likely to impose a disproportionate impact on small businesses, identify the steps taken to reduce the costs of the rule on small businesses. Include consideration of each of the following cost mitigation strategies:

(a) Reducing, modifying, or eliminating substantive regulatory requirements – DCYF rejects this strategy because not subjecting individuals who may have unsupervised access to children to background and child abuse & neglect registry checks is potentially compromising the safety of children receiving care.

(b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements – the proposed rules do not increase recordkeeping or reporting.

(d) Delaying compliance timetables – current practice requires background checks for volunteers who may have unsupervised access to children, so the proposed rules are not expected to impact current volunteers. DCYF does not want to risk the safety of children in its care by delaying the requirement for new volunteers.

(e) Reducing or modifying fine schedules for noncompliance – noncompliance will not result in fines, but could impact a facility's license. DCYF licensing division staff will assist licensees as needed.

(f) Any other mitigation techniques suggested by small businesses or their advocates – group care facility licensees suggested that background checks should be completed more quickly. Background checks are completed within two weeks to two months, depending on how quickly the applicant submits his or her fingerprints to DCYF. DCYF staff prioritize these background checks and applications are generally processed the date received or, at the latest, the following business day. DCYF communicates to applicants that submitting the application electronically and quickly responding with fingerprints when directed to do so will minimize processing time. DCYF has begun work to streamline background checks required for child welfare programs and expects to introduce process innovations over the next few years. Other suggestions such as allowing new volunteers to work with supervised access to children pending the background check results and allowing the licensed facility to fingerprint prospective staff would run afoul of the federal background check requirement.

If the costs cannot be reduced, provide a clear explanation of why. See responses to 6(a) through (f) above.

7. Describe how small businesses were involved in the development of the proposed rule. Earlier this year, DCYF held webinars to explain the new requirements and invited all group care facility licensees to attend and provide input. In November 2019, draft rules were emailed to all group care facility licensees along with an invitation to tell DCYF how the draft rules were expected to impact their operations.

8. Identify the estimated number of jobs that will be created or lost as the result of compliance with the proposed rule. 0.

9. Summarize the results of the analysis, including the determination if costs are disproportionate. Compliance with the proposed rules will likely result in increased costs for the regulated community that may, or may not, exceed the minor cost threshold. DCYF is committed to engaging with its regulated community and, when possible, responding to and addressing concerns. In this case, DCYF has agreed to pay the volunteers' background checks fees and is working towards innovating its background check process.

A copy of the statement may be obtained by contacting DCYF rules coordinator, P.O. Box 40975, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0010What is the purpose of this chapter?

This chapter establishes rules for background checks conducted by ((children's administration (CA) at)) the department of ((social and health services (DSHS)))children, youth, and families (DCYF) for child welfare purposes and does not apply to background checks conducted for child care or early learning purposes as they are addressed in chapter 110-06 WAC. The department does background checks on individuals who are licensed, certified, contracted, employed in a group care facility, or authorized to care for or have unsupervised access to children. Background checks are conducted to find and evaluate any history of criminal convictions or civil adjudication proceedings, including those involving abuse, abandonment, financial exploitation, or neglect of a child or vulnerable adult.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0020What definitions apply to WAC ((388-06A-0100 through 388-06A-0260))110-04-0030 through 110-04-0180 of this chapter?

The following definitions apply to WAC ((388-06A-0100 through 388-06A-0260))110-04-0030 through 110-04-0180 of this chapter:

"Authorized" or "authorization" means not disqualified by the department to work in a group care facility or have unsupervised access to children. This includes persons who are certified, contracted, allowed to receive payments from department funded programs, or volunteer.

(("CA" means children's administration, department of social and health services. Children's administration is the cluster of programs within DSHS responsible for the provision of licensing of foster homes, group facilities/programs and child-placing agencies, child protective services, child welfare services, and other services to children and their families.))

"Certification" means((:

(1)))department or child placing agency (CPA) approval of a person, foster home, or facility that ((does not legally need to be licensed, but wishes to have evidence that they met the minimum))is exempt from licensing but meets the licensing requirements.

(((2) Department licensing of a child-placing agency to certify and supervise foster home and group care programs.))

"Children" means a person who is one of the following:

(((1)))(a) Under eighteen years old;

(((2) Up to twenty-one years of age and pursuing a high school or equivalency course of study (GED/HSEC), or vocational program;

(3)))(b) Up to twenty-one years of age and participating in the extended foster care program; or

(((4)))(c) Up to ((twenty-one))twenty-five years of age and under the custody of ((the Washington state)) juvenile rehabilitation ((administration)).

"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.

"Department" or ((DSHS))"DCYF" means the department of ((social and health services (DSHS)))children, youth, and families.

"I" and "you" refers to anyone who has unsupervised access to children in a home, facility, or program. This includes, but is not limited to, persons seeking employment, a volunteer opportunity, an internship, a contract, certification, or a license for a home or facility.

"((DLR))Licensing division" or "LD" means the licensing division ((of licensed resources within children's administration. DLR))within DCYF. LD licenses and monitors foster homes, child placing agencies, and licensed group care facilities.

(("I" and "you" refers to anyone who has unsupervised access to children in a home, facility, or program. This includes, but is not limited to, persons seeking employment, a volunteer opportunity, an internship, a contract, certification, or a license for a home or facility.))

"Licensor" means either:

(((1) A DLR))(a) An LD employee who recommends approvals for, or monitors licenses or certifications for facilities and agencies ((established under this chapter))that provide or certify foster family homes or group care facilities under chapters 110-145, 110-147, and 110-148 WAC; or

(((2)))(b) An employee of a child-placing agency who certifies or monitors foster homes supervised by the child-placing agency.

"Unsupervised" means will not or may not be in the presence of:

(((1)))(a) The licensee, another employee or volunteer from the same business or organization as the applicant who has not been disqualified by the background check; or

(((2)))(b) Another individual who has been previously approved by ((children's administration))DCYF.

"We" refers to the department, including licensors and ((social workers))caseworkers.

"WSP" refers to the Washington state patrol.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0030Why are background checks done?

((The children's administration))DCYF does background checks to help safeguard the health, safety, and well-being of children in out of home care. By doing background checks, the department reduces the risk of harm to children from individuals ((that))who have been convicted of certain crimes. The department's regulations require the evaluation of your background to determine your character, suitability, and competence before you are issued a license, contract, certificate, ((or authorized))authorization to be employed at a group care facility, or authorization to have unsupervised access to children.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0040Who must have background checks?

(1) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department requires background checks on all providers who may have unsupervised access to children. This includes licensed, certified, or contracted providers, their current or prospective employees and prospective adoptive parents as defined in RCW 26.33.020.

(2) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department also requires background checks on other individuals who may have unsupervised access to children in department licensed or contracted homes, or facilities that provide care. The department requires background checks on all of the following people:

(a) A volunteer or intern with regular or unsupervised access to children.

(b) Any person who regularly has unsupervised access to a child. However, a background check is not required when a caregiver approves the unsupervised access for a normal childhood activity that lasts less than seventy-two hours, as stated in RCW 74.13.710.

(d) A person who is at least sixteen years old and resides in a foster, relative, or other suitable person's home and is not a foster child.

(e) A person who is younger than sixteen years old in situations where it may be warranted to ensure the safety of children in out-of-home care. The department may require a background check for persons younger than sixteen years old in situations where it may be warranted to ensure the safety of children in out-of-home care.

(3) Any person employed at a group care facility, including those not directly working with children.

(4) Under RCW 13.34.138, prior to returning a dependent child home, the department requires a background check on all adults residing in the home, including the parents.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0060Does the background check process apply to new and renewal licenses, certification, contracts, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children?

For ((children's administration))DCYF, these regulations apply to all applications for new and renewal licenses, contracts, certifications, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children that are processed by ((the children's administration))DCYF after the effective date of this chapter.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0070What happens if I ((don't))do not comply with the background check requirement?

The department will deny, suspend, or revoke your license, contract, or certification, or disqualify you to care for children if you or someone on the premises of your home or facility having unsupervised access, or an employee at a group care facility does not comply with the department's requirement for a background check.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0080What does the background check cover?

(1) The department must review criminal convictions and pending charges based on identifying information provided by you. The background check may include, but is not limited to, the following information sources:

(a) Washington state patrol.

(b) Washington courts.

(d) Department of health.

(e) Civil adjudication proceedings.

(f) Applicant's self-disclosure.

(g) Out-of-state law enforcement and court records.

(2) Background checks conducted for ((children's administration))DCYF also includes:

(a) A review of child protective services case files information or other applicable information system.

(b) Administrative hearing decisions related to any DSHS or DCYF license that has been revoked, suspended, or denied.

(3) In addition to the requirements in subsections (1) ((through))and (2) of this section, background checks conducted by ((children's administration))DCYF for placement of a child in out-of-home care, including foster homes, group care facilities, adoptive homes, relative placements, and placement with other suitable persons under chapter 13.34 RCW, include the following for each person over eighteen years of age residing in the home, all staff working in a group care facility, including those not directly working with children, and group care volunteers who provide direct care:

(a) Child abuse and neglect registries in each state a person has lived in, in the five years prior to conducting the background check.

(b) Washington state patrol (WSP) and Federal Bureau of Investigation (FBI) fingerprint-based background checks regardless of how long you have resided in Washington.

(4) Except as required in ((WAC 388-06A-0150 (4)(b), children's administration))subsection (3)(b) of this section, DCYF will conduct a fingerprint-based background check on any individual who has resided in the state less than three consecutive years before application.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0100Will a criminal conviction permanently prohibit me from being licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children?

(1) There are convictions for certain crimes that will permanently prohibit you from being licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children. Those felony convictions are as follows:

(a) Child abuse and/or neglect;

(b) Spousal abuse;

(d) A crime involving violence (including rape, sexual assault, or homicide but not including other physical assault or battery); or

(e) Any federal or out-of-state conviction for an offense that under the laws of this state would disqualify you from having unsupervised access to children in any home or facility.

(2) If you are convicted of one of the crimes listed in WAC ((388-06A-0170))110-04-0100 (1)(a) through (e), you will not be able to:

(a) Receive a license to provide care to children;

(b) Be approved for adoption of a child;

(d) Be employed by a licensed agency or contractor, if you will have unsupervised access to children;

(e) Be authorized to be employed at a group care facility even if you do not work directly with children;

(f) Volunteer or participate as an intern in a home or facility that offers care to children; or

(((f)))(g) Provide any type of care to children, if the care is funded by the state.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0110Are there other criminal convictions that will prohibit me from being licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children or from working with children?

The department must disqualify you from licensing, contracting, certification, authorization for employment at a group care facility, or ((from having))authorization for unsupervised access to children if it has been less than five years from a conviction for the following crimes:

(1) Any felony physical assault or battery offense not included in WAC ((388-06A-0170))110-04-0100;

(2) Any felony violation of the following drug-related crimes:

(a) The Imitation Controlled Substances Act (for substances that are falsely represented as controlled substances (see chapter 69.52 RCW);

(b) The Legend Drug Act (prescription drugs, see chapter 69.41 RCW);

(d) The Uniform Controlled Substances Act (illegal drugs or substances, see chapter 69.50 RCW); or

(e) Unlawfully manufacturing, delivering, or possessing a controlled substance with intent to deliver, or unlawfully using a building for drug purposes.

(3) Any federal or out-of-state conviction for an offense that under the laws of Washington state would disqualify you for no less than five years from being authorized to be employed at a group care facility or having unsupervised access to children.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0120If I have a conviction, may I ever be authorized to be employed at a group care facility or have unsupervised access to children?

(1) In two situations, ((DSHS))DCYF may find a person with convictions able to be authorized to be employed at a group care facility or have unsupervised access to children:

(a) If the conviction for any crime listed in WAC ((388-06A-0180))110-04-0110 occurred more than five years ago; or

(b) If the conviction was for a crime other than those listed in WAC ((388-06A-0170 or 388-06A-0180))110-04-0100 or 110-04-0110.

(2) In both of these situations, ((DSHS))DCYF must review your background to determine your character, suitability, and competence to have unsupervised access to children. In this review, ((DSHS))DCYF must consider the following factors:

(a) The amount of time that has passed since you were convicted;

(b) The seriousness of the crime that led to the conviction;

(d) Your age at the time of conviction;

(e) Documentation indicating you ((has))have successfully completed all court-ordered programs and restitution;

(f) Your behavior since the conviction; and

(g) The vulnerability of those that would be under your care.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0130Will I be disqualified if there are pending criminal charges on my background check?

(1) The department will not license, contract, certify, authorize employment at a group care facility, or authorize ((a person to have)) unsupervised access to children to a person who ((have))has a criminal charge pending for a disqualifying crime:

(a) Described in the Adoption and Safe Families Act of 1997((, or a criminal charge pending for a disqualifying crime)); or

(b) That relates directly to child safety, permanence, or well-being.

(2) You may reapply for a license, contract, certification, or approval to have unsupervised access to children by providing proof to the department that the charge against you has been dropped or that you were acquitted.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0140Will you license, contract, authorize my employment at a group care facility, or authorize me to have unsupervised access to children if my conviction has been expunged, vacated from my record, or I have been pardoned for a crime?

If you receive a pardon or a court of law acts to expunge or vacate a conviction on your record, the crime will not be considered a conviction for the purposes of licensing, contracting, certification, authorization for employment at a group care facility, or authorization for unsupervised access to children.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-04-0150How will I know the status of the background check?

(1) If you have been approved by the background check:

(a) The department will notify you((,)) and your prospective employer((, or your))or supervisor((,)) if you have requested a contract, authorization to be employed at a group care facility, or approval for unsupervised access to children.

(b) The department will not directly notify you, and will instead continue the process for approving your application if you have requested a license or certification to care for children.

(2) If you have been disqualified by the background check:

(a) The department will notify you in writing and include any laws and rules that require disqualification;

(b) The department will also notify the care provider, the prospective employer, or the licensor; and

(c) You will not receive a license, contract, certification, or be authorized to be employed at a group care facility or have unsupervised access to children.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-145-1305What definitions do I need to know to understand this chapter?

The following words and terms are for the purpose of this chapter and are important to understand these requirements:

"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child as defined in RCW 26.44.020.

"Adult" means a person eighteen years old or older, not in the care of the department.

"Agency" is defined in RCW 74.15.020(1).

"Assessment" means the appraisal or evaluation of a child's physical, mental, social ((and/or))and emotional condition.

"Business hours" means hours during the day in which state business is commonly conducted. Typically the hours between 9 a.m. and 5 p.m. on weekdays are considered to be standard hours of operation.

(("CA" means children's administration.))

"Capacity" means the age range, gender, and maximum number of children on your current license.

"Care provider" means any person who is licensed or authorized to provide care for children ((and/or))and cleared to have unsupervised access to children under the authority of a license.

"Case manager" means a facility employee who coordinates the planning efforts of all the persons working on behalf of a child.

"Chapter" means chapter ((388-145))110-145 WAC.

"Child," "children," or "youth" for this chapter, means a person who is one of the following:

(((1)))(a) Under eighteen years old;

(((2)))(b) Up to twenty-one years of age and enrolled in services through the department of social and health services developmental disabilities administration (DDA) the day prior to ((his or her))their eighteenth birthday and pursuing either a high school or equivalency course of study (GED/HSEC), or vocational program;

(((3)))(c) Up to twenty-one years of age and participates in the extended foster care program;

(((4)))(d) Up to twenty-one years of age with intellectual and developmental disabilities;

(((5)))(e) Up to ((twenty-one))twenty-five years of age and under the custody of ((the Washington state)) juvenile ((justice)) rehabilitation ((administration)).

"Child placing agency" or "CPA" means an agency licensed to place children for temporary care, continued care, or adoption.

"Compliance agreement" means a written improvement plan to address the changes needed to meet licensing requirements.

"Crisis residential center (secure)" means a licensed facility open twenty-four-hours a day, seven days a week that provides temporary residential placement, assessment and services in a secure facility to prevent youth from leaving the facility without permission per RCW 13.32A.030(15).

"Crisis residential center (semi-secure)" means a licensed facility open twenty-four hours a day, seven days a week that provides temporary residential placement, assessment and services for runaway youth and youth in conflict with their family ((and/or))or in need of emergency placement.

"CW" means the division of child welfare within DCYF. CW provides case management to children and families involved in the child welfare system.

"Day treatment" is a specialized service that provides educational and therapeutic group experiences for emotionally disturbed children.

(("DCFS" means the division of children and family services within children's administration. DCFS provides case management to children and families involved in the child welfare system.))

"DDA" means the developmental disabilities administration. DDA provides services and case management to children and adults who meet the eligibility criteria.

"Deescalation" means strategies used to defuse a volatile situation, to assist a child to regain behavior control, and to avoid a physical restraint or other behavioral intervention.

"Department" or ((DSHS))"DCYF" means the department of ((social and health services))children, youth, and families.

"Developmental disability" is a disability as defined in RCW 71A.10.020.

"Direct care ((staff))" means ((persons who provide daily))direct, hands-on personal care and supervision ((and direct care)) to group care children and youth.

(("DLR" means the division of licensed resources within children's administration. DLR licenses and monitors foster homes, child placing agencies and licensed group care facilities.))

"DOH" means the department of health.

"Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children as a way to monitor their behavior.

"Emergency respite center (ERC)" means a licensed facility that may be commonly known as a crisis nursery, which provides emergency or crisis care for nondependent children birth through seventeen years for up to seventy-two hours to prevent child abuse ((and/or))or neglect per RCW 74.15.020(d). ERCs may choose to be open up to twenty-four hours a day, seven days a week. Facilities may also provide family assessment, family support services and referral to community services.

"FBI" means the Federal Bureau of Investigation.

"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a twenty-four-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care per RCW 74.15.020 (1)(f).

"Group home" is a specific license for residential care that provides care and supervision for children or youth.

"Group receiving center" means a licensed facility that provides the basic needs of food, shelter, and supervision for children placed by the department, generally for thirty or fewer days.

"Guns or weapons" means any device intended to shoot projectiles under pressure or that can be used to attack. These include but are not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns, and archery equipment.

"Health care staff" means anyone providing qualified medical consultation to your staff or medical care to the children and youth in your care.

"Hearing" means the administrative review process conducted by an administrative law judge.

"I, my, you, and your" refers to an applicant for a license issued under this chapter, and to any party holding a license under this chapter.

"Infant" means a child less than twelve months of age.

"Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.

"Interim facility" means an overnight youth shelter, emergency respite center or a resource and assessment center.

"LD" means the licensing division of DCYF. LD licenses and monitors foster homes, child placing agencies, and licensed group care facilities.

"License" means a permit issued by us that your facility meets the licensing standards established in this chapter.

"Licensed health care provider" means an MD (medical doctor), DO (doctor of osteopathy), ND (doctor of naturopathy), PA (physician's assistant), or an ARNP (advanced registered nurse practitioner).

"Local fire authority" means your local fire inspection authority having jurisdiction in the area where your facility is located.

"Maternity service" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.

"Medically fragile" means the condition of a child who requires the availability of twenty-four-hour skilled care from a health care professional or specially trained staff or volunteers in a group care setting. These conditions may be present all the time or frequently occurring. If the technology, support and services being received by the medically fragile children are interrupted or denied, the child may, without immediate health care intervention, experience death.

"Missing child" means any child less than eighteen years of age in licensed care or under the care, custody, and authority of ((CA))DCYF and the child's whereabouts are unknown ((and/or)), the child has left care without the permission of the child's caregiver or ((CA))DCYF, or both. This does not include children in a dependency guardianship.

"Multidisciplinary teams (MDT)" means groups formed to assist children who are considered at risk youth or children in need of services, and their parents.

"Negative action" means a court order, court judgment, or adverse action taken by an agency, in any state, federal, local, tribal, or foreign jurisdiction, that results in a finding against the applicant reasonably related to the individual's suitability, and competence to care for or have unsupervised access to children in out-of-home care. This may include, but is not limited to:

(((1)))(a) A decision issued by an administrative law judge;

(((2)))(b) A final determination, decision, or finding made by an agency following an investigation;

(((3)))(c) An adverse licensing action, including termination, revocation, or denial of a license or certification, or if there is a pending adverse action, the voluntary surrender of a license, certification, or contract in lieu of an adverse action;

(((4)))(d) A revocation, denial, or restriction placed on any professional license; or

(((5)))(e) A final decision of a disciplinary board.

"Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.

"Out-of-home placement" means a child's placement in a home or facility other than the child's parent, guardian, or legal custodian.

"Overnight youth shelter" means a licensed nonprofit agency that provides overnight shelter to homeless or runaway youth in need of emergency sleeping arrangements.

"Probationary license" means a license issued as part of a corrective action to an individual or agency that has previously been issued a full license but is out of compliance with minimum licensing requirements and has entered into an agreement aimed at correcting deficiencies.

"Property or premises" means a facility's buildings and adjoining grounds that are managed by a person or agency in charge.

"Psychotropic medication" means a type of medicine that is prescribed to affect or alter thought processes, mood, sleep, or behavior. These include antipsychotic, antidepressant, and antianxiety medications.

"Relative" means a person who is related to a child per RCW 74.15.020.

"Resource and assessment center" means an agency that provides short-term emergency and crisis care for a period up to seventy-two hours, (excluding Saturdays, Sundays, and holidays) to children who have been removed from their parent's or guardian's care by child protective services or law enforcement.

"Staff" or "staff member" means a person who provides services for your facility and is paid by your facility. The definition of staff member includes paid interns.

"Staffed residential home" means a licensed facility that provides twenty-four-hour care to six or fewer children who require more supervision than can be provided in a foster home.

"Treatment plan" means individual plans that identify the service needs of the child, including the child's parent or guardian, and identifies the treatment goals and strategies for achieving those goals.

(("Washington state patrol fire protection bureau" or "WSP/FPB" means the state fire marshal.))

"Volunteer" means a person who provides ((direct care)) services for your facility without compensation((, for your facility)).

"Washington state patrol fire protection bureau" or "WSP/FPB" means the state fire marshal.

"We, our, and us" refers to ((the department of social and health services, including DLR and DCFS))DCYF and its staff.

"Young child" refers to a child age twelve months through eight years old.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-145-1325What is required to apply for a group care facility license?

(1) You, the person responsible for the license, must submit a completed application which is available from the ((division of licensed resources, children's administration))DCYF LD.

(2) You must submit a completed background authorization form for your executive director, agency staff, including those not directly working with children, consultants, ((interns,)) volunteers, and anyone ((who may have unsupervised access to children))paid by the facility per chapter ((388-06A))110-04 WAC.

(3) You must ensure that ((an))all paid agency ((employee who may have unsupervised access to))staff and any other paid adults working at your facility, including those not directly working with children, complete a FBI fingerprint check and a child abuse and neglect history check of every state in which the individual has lived in the preceding five years prior to conducting the background check.

(4) You must ensure that agency volunteers ((or interns that have lived outside of Washington state during any portion of the previous three years))who provide direct care complete a FBI fingerprint check and a child abuse and neglect history check of every state in which the individual has lived in the preceding five years prior to conducting the background check.

(5) You must ensure that ((no employee,))agency volunteers((or subcontractor has unsupervised access to children until you are notified by children's administration that a background check was completed that qualifies the individual to have unsupervised access.))who do not provide direct care and have lived outside of Washington state during any portion of the previous three years complete a FBI fingerprint check.

(6) You must ensure all staff, volunteers, or subcontractors meet the requirements in chapter 110-04 WAC. An individual is not authorized to work in the facility until DCYF issues a background check clearance authorization for the individual.

(7) If you have both a license issued by ((DLR))LD and a contract with the department, you must adhere to the most stringent background check requirement.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-145-1330How does the department determine my suitability to become a licensed provider or ((an employee, intern,))a staff member or volunteer of a licensed provider?

(1) The department determines your suitability as a licensed provider after receiving your application, background ((authorization(s)))authorizations for those listed in WAC ((388-145-1325(2)))110-145-1325, and all required documentation outlined in this chapter.

(2) The department determines the suitability of a licensee, ((employee, intern))staff member, or volunteer after receiving their background authorization referenced in subsection (1) ((above))of this section.

(3) You, your ((employees, interns))staff members, and volunteers must not have had a license or contract denied or revoked from an agency that regulates the care of children or vulnerable adults, unless the department determines that you do not pose a risk to a child's safety, well-being and long-term stability.

(4) You, your ((employees, interns))staff members, and volunteers must not have been found to have committed abuse or neglect of a child or vulnerable adult, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(5) You must demonstrate that you, your ((employees, interns))staff members, and volunteers have:

(a) The understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of the children under your care; and

(b) The ability to furnish children with a nurturing, respectful, and supportive environment.

(6) At any time, we may require you, your ((employees, interns))staff members, and volunteers to give us additional information. We may also require an evaluation of your facility or property, or of a staff ((person))member or volunteer working for your facility or agency, by an evaluator we recommend. Any evaluation requested by the department will be at your expense. The evaluator must be given written permission to share information with us prior to and throughout the evaluation process.

(7) Any ((employee, intern,))staff member or volunteer who is found to have misrepresented or provided fraudulent information may be disqualified.

(8) Before granting or renewing a license, your licensor will assess your ability to provide a safe environment for children and to provide the quality of care needed by children placed in your care. Your licensor will also determine that you meet training requirements.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-145-1400Must prospective and current ((employees,))staff and volunteers((, interns, and subcontractors)) be disqualified from having access to the children in my facility?

(1) The department must disqualify prospective and current ((employees,))staff and volunteers((, interns, and subcontractors)) if they do not meet the regulations of this chapter ((388-145 WAC)), or cannot have unsupervised access to children because of their background check as outlined in chapter ((388-06A))110-04 WAC.

(2) The department must disqualify prospective and current ((employees, interns))staff and, volunteers, and subcontractors if they have had a negative action taken on a license or contract, or have had a license denied or revoked by an agency that regulates the care of children or vulnerable adults, unless the department determines that the individual does not pose a risk to a child's safety, well-being, and long-term stability.

(3) ((Applicant's, employees, interns,))Applicants, staff, and volunteers((, and subcontractors)) must demonstrate that they have the understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of the children under their care.

(4) The department will notify the licensee ((if a))when prospective ((or current employee, intern, volunteer, or subcontractor is))staff and volunteers are disqualified from having unsupervised access to children. Hiring a person disqualified by ((DSHS))DCYF or continuing to allow unsupervised access to children by a person disqualified by ((DSHS))DCYF could also lead to denial, suspension, or revocation of your license issued under this chapter.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-145-1550What changes must I report to my licensor?

(((1))) You must immediately report to your licensor changes in the original licensing application. You must report:

(((a)))(1) Changes in your location, including address or phone number;

(((b)))(2) Changes in your program description or population served, including the maximum number, age ranges, and sex of children you wish to serve;

(((c)))(3) Changes in the structure of your facility or premises from events causing damage, such as a fire, or from remodeling;

(((d)))(4) Additional staff((, employees, interns, contractors)) or volunteers((,)) who might have unsupervised contact with the children in care;

(((e)))(5) Significant changes in the physical condition of you ((or)), your staff, or volunteers affecting the ability to provide care in your facility;

(((f)))(6) Staff or volunteer arrests or convictions of which you are aware that occur between the date of your license and the expiration date of your license;

(((g)))(7) Any staff changes including the executive director, program manager, or master's level consultants;

(((h)))(8) Death, retirement, or incapacity of the person who holds the license;

(((i)))(9) Changes in the name of your licensed corporation, or the name by which your facility is commonly known and/or your articles of incorporation and bylaws.