WSR 21-13-082
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Developmental Disabilities Administration)
[Filed June 16, 2021, 10:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-09-085.
Title of Rule and Other Identifying Information: WAC 388-101D-0500 Community protection—Client home location.
Hearing Location(s): On July 27, 2021, at 10:00 a.m., virtually. Due to the COVID-19 pandemic, hearings are being held virtually. Please see the department of social and health services (DSHS) website for the most current information.
Date of Intended Adoption: July 28, 2021.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by July 27, 2021, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Katherine Vasquez, DSHS rules coordinator, phone 360-664-6097, fax 360-664-6185, TTY 711 relay service, email DSHSRPAURulesCoordinator@dshs.wa.gov, by July 13, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The developmental disabilities administration (DDA) is amending this section primarily to require approval of a community protection (CP) client's home location by the CP provider's administrator. Other proposed amendments require documentation of: The administrator's approval; the client's new address; and the security precautions the provider will implement.
Reasons Supporting Proposal: To allow providers to act quickly when a lease signing opportunity arises, DDA is requiring home approval from the provider administrator rather than from DDA.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, DDA, governmental.
Name of Agency Personnel Responsible for Drafting: Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1589; Implementation and Enforcement: Jeff Green, P.O. Box 45310, Olympia, WA 98504-5310, 360-407-1580.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is required under RCW
34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Chantelle Diaz, P.O. Box 45310, Olympia, WA 98504-5310, fax 360-407-0955, TTY 1-800-833-6388, email
Chantelle.Diaz@dshs.wa.gov.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(4) because the rules do not affect small businesses.
Explanation of exemptions: The proposed amendments impose no new or disproportionate costs on small businesses so a small business economic impact statement is not required.
June 16, 2021
Katherine I. Vasquez
Rules Coordinator
SHS-4871.1
AMENDATORY SECTION(Amending WSR 16-14-058, filed 6/30/16, effective 8/1/16)
WAC 388-101D-0500Community protection—((Program residential))Client home location.
((Before securing and using a residence to provide support to the community protection program))(1) When assisting a client in selecting a home, the ((community protection service)) provider must((:
(1)))conduct and document site checks of the proposed residence at different days and times of the week((;)).
(2) ((Consider))After selecting a home, and before the client moves into the home, the provider must document and provide to DDA:
(a) The address of the home;
(b) The reasons the home is appropriate considering the client's specific ((offense patterns))risk factors;
(((3) Determine appropriate and necessary))(c) Restrictive procedures((, including security precautions))and security precautions the provider will implement; and
(((4) Obtain written))(d) Approval ((for the residential site from the division of developmental disabilities))from the provider's administrator.