WSR 25-01-091
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed December 13, 2024, 12:16 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-08-062.
Title of Rule and Other Identifying Information: The licensing division is creating new chapter 110-149 WAC, Licensing requirements for kinship homes; and repealing WAC 110-148-1326 Can I get a license to care for a specific child, and what are the requirements?
The child welfare division is creating new WAC 110-50-0165 Definitions for relatives and suitable persons placements; and amending WAC 110-50-0170 Determining relatives or suitable persons as placements for children and youth in out-of-home care, 110-50-0180 When relatives' and suitable persons' background checks may exclude them as placement options, and 110-50-0190 Financial supports for relatives and suitable person caring for children and youth placed by the department.
Hearing Location(s): On January 22, 2025, telephonic. Comments can be made by calling 360-972-5385 and leaving a voicemail that includes the comment, emailing the rules coordinator, or submitting comments to the online comment application linked below. All comments must be received by the date and time listed below.
Date of Intended Adoption: January 23, 2025.
Submit Written Comments to: Department of children, youth, and families (DCYF) rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, beginning December 17, 2024, at 8:00 a.m., by January 22, 2025, at 11:59 p.m.
Assistance for Persons with Disabilities: DCYF rules coordinator, phone 360-522-3691, email dcyf.rulescoordinator@dcyf.wa.gov, by January 15, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making will provide the licensing standards for kinship caregivers. This rule making also allows DCYF to issue child-specific licenses to kinship caregivers and eliminate the need to use nonsafety exemptions and waivers to license these homes. This will reduce barriers and improve equity for kinship caregivers applying to be licensed. This new chapter and related WAC amendments will also provide greater stability and outcomes for children and youth entering foster care.
Reasons Supporting Proposal: See purpose.
Statutory Authority for Adoption: RCW 34.05.220, 43.216.020, and 43.216.065.
Statute Being Implemented: RCW 34.05.220, 43.216.020, and 43.216.065.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Kyler McGee, 4045 Delridge Way S.W., Suite 201, Seattle WA, 98106, 253-290-9317, 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 listed as required to comply with RCW 34.05.328 (5)[(a)](i).
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).
Scope of exemption for rule proposal:
Is fully exempt.
December 13, 2024
Brenda Villarreal
Rules Coordinator
OTS-6049.1
RELATIVES AND SUITABLE PERSONS PLACEMENTS
NEW SECTION
WAC 110-50-0165Definitions for relatives and suitable persons placements.
The following definitions apply to relatives and suitable persons placements:
"Department" means the Washington state department of children, youth, and families.
"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW  74.15.020(2), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.
"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child or youth, and with whom they have been placed pursuant to RCW 13.34.130.
AMENDATORY SECTION(Amending WSR 24-19-056, filed 9/13/24, effective 10/14/24)
WAC 110-50-0170((Under what circumstances does the department choose a relative as the placement for a child in need of out-of-home care?))Determining relatives or suitable persons as placements for children and youth in out-of-home care.
(((1) When the department determines that a child needs to be placed outside the home, the department must search for appropriate relatives to care for the child before considering nonrelative placements. See RCW 74.15.020 for the definition of "relative."
(2) The department reviews and determines the following when selecting a relative placement:
(a) The child would be comfortable living with the relative;
(b) The relative has a potential relationship with the child;
(c) The relative is capable of caring for the child and is willing to cooperate with the permanency plan for the child;
(d) The relative is able to provide a safe home for the child;
(e) Each child has their own bed or crib if the child remains in the home beyond 30 days.
(3) The department may consider nonrelated family members as potential resources, if these family members become licensed to provide foster care (see RCW 74.15.030).))(1) The department must search for appropriate relatives or suitable persons for placement, prior to placing children or youth in foster homes when the department determines that they need to be placed in out-of-home care.
(2) The department must assess the following when selecting relatives or suitable persons for placement of children and youth:
(a) The children or youth would be comfortable living with the relative or suitable person; and
(b) The relative or suitable person is:
(i) Related to or has a preexisting relationship with them;
(ii) Capable of caring for them and is willing to cooperate with the child's or youth's permanency plan; and
(iii) Able to provide them a safe home, and:
(A) Sleeping arrangements that are based on their age, development, and specific needs, unless there is a written plan approved by the caseworker to mitigate safety concerns; and if they remain in their home for more than 30 calendar days, they must verify each child under 12 months old has a safe sleeping space that meets infant safe sleep requirements, such as a:
(I) Bassinet;
(II) Crib that complies with chapter 70.111 RCW and 16 C.F.R. 1219.1220;
(III) Portable crib; or
(IV) Native American:
• Moss boards; or
• Cradle boards; and
(B) Confirm that the children or youth older than 12 months have their own individual safe sleeping space with bedding, unless other arrangements have been approved by the children's or youth's caseworkers.
(3) The department may consider foster care as a potential placement resource, when there are no approved relatives or suitable persons available to provide placement, per chapter 13.34 RCW.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0180((Under what circumstances may a relative not be considered as a placement option for a child?))When relative's and suitable person's background checks may excluded them as placement options.
((The department may exclude relatives who have criminal histories as included in the Adoption and Safe Families Act (ASFA) regulations.
(1) If the department finds that, based on a criminal records check, a court of competent jurisdiction has determined that the relative or a member of the household has been convicted of a felony involving:
(a) Child abuse or neglect;
(b) Spousal abuse;
(c) A crime against a child or children (including child pornography); or
(d) Crimes involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.
(2) The department may not approve a relative placement if the department finds the relative, or a member of the household, has, within the last five years, been convicted of a felony involving:
(a) Physical assault;
(b) Battery; or
(c) A drug related offense.))The department must follow WAC 110-04-0120 when assessing background checks for relatives and suitable persons requesting to be a placement option for children and youth.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-50-0190((What sources of financial support are available to a relative caring for a child that the department has placed in the relative's home?))Financial supports for relatives and suitable persons caring for children and youth placed by the department.
(1) ((For relatives needing financial support to care for the child, the social worker))Caseworkers may assist ((the family))unlicensed relatives and suitable persons that need financial support to care for children or youth to apply for temporary assistance for needy families (TANF) through the ((department's))department of social and health services (DSHS) local community services office (CSO).
(2) Relatives and suitable persons who are licensed ((as))kinship caregivers or foster parents ((may choose to)):
(a) Will receive foster care maintenance payments((. The relative)); and
(b) Must not receive TANF benefits ((in))on behalf of the child or youth in care ((while)) at the same time they are receiving foster care payments (((see RCW 74.15.030))).
(3) A relative or suitable person who is not a licensed kinship caregiver or foster parent at the time of placement may apply to become either:
(a) A licensed kinship caregiver as described in chapter 110-149 WAC; or
(b) A foster parent as described in chapter ((388-148))110-148 WAC.
(4) The relative or suitable person caring for the ((child))children or youth in out-of-home ((placement))care may apply to be ((the))their representative payee for supplemental security income (SSI) or Social Security Administration benefits for the ((related)) child or youth living with ((the relative))them. However, if the child or youth is a dependent of ((the state of)) Washington state with custody assigned to the department by the court, the department will usually remain the payee ((in))on their behalf ((of the child)) until the dependency is dismissed.
OTS-5992.3
Chapter 110-149 WAC
LICENSING REQUIREMENTS FOR KINSHIP HOMES
PURPOSE, DEFINITIONS, AND NONDISCRIMINATION
NEW SECTION
WAC 110-149-0010Purpose.
(1) This chapter contains licensing requirements for kinship homes licensed directly by the department or certified through a child placing agency (CPA). Unless noted otherwise, these requirements apply to caregivers licensed to provide kinship care.
(2) These licensing requirements are designed to verify children and youth who are in licensed kinship care are safe, healthy, and protected from all forms of child abuse and neglect as outlined in:
(a) RCW 26.44.020; and
(b) Chapter 110-30 WAC.
NEW SECTION
WAC 110-149-0020Definitions.
The following definitions are for the purpose of this chapter and important to understanding these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment, or maltreatment of a child or youth as defined in RCW 26.44.020.
"Agency" means the same as defined in RCW 74.15.020.
"Applicant" means individuals applying to receive a kinship license.
"Asexual" means the lack of a sexual attraction or desire for other individuals.
"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.
"Caregivers" means applicants for kinship licenses or licensed kinship caregivers.
"Case plans" means a written document followed by the child's or youth's parents, kinship caregivers, foster parents, and all other caregivers.
"Caseworkers" means primary agency workers assigned to children or youth through the department or another government agency including tribal governments.
"Certification" means:
(a) Kinship or foster homes supervised by a CPA that meets the licensing requirements; or
(b) Individuals approved by the department as certified respite providers.
"Chapter" means chapter 110-149 WAC.
"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.
"Children" or "youth" means individuals who are one of the following:
(a) Under 18 years of age;
(b) Kindergarten to 18 years of age residing in a residential private school;
(c) Up to 21 years of age and enrolled in services through the department of social and health services developmental disabilities administration (DDA) the day prior to their 18th birthday and pursuing either a:
(i) High school or equivalency course of study; or
(ii) Vocational program;
(d) Up to 21 years of age and participating in the extended foster care (EFC) program;
(e) Up to 21 years of age with intellectual and developmental disabilities; or
(f) Up to 25 years of age and in the custody of the juvenile rehabilitation division.
"Child-specific license" means the same as defined in RCW 74.15.125.
"Cisgender" means an individual whose gender identity aligns with those typically associated with the sex assigned to them at birth.
"Department" means the Washington state department of children, youth, and families.
"Firearms" means any device designed to cause bodily harm or physical damage from which projectiles are launched. These include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, handguns, rifles, shotguns, and archery equipment.
"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.
"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.
"Gender expression" means individuals' outward communication of their gender through behavior or appearance. This may or may not conform to their sex assigned at birth or socially defined behaviors and characteristics typically associated with being either masculine or feminine.
"Gender fluid" means individuals whose gender identities are flexible, not permanent.
"Gender" or "gender identity" means an individual's inner sense of being a female, male, a blend of both or neither, or another gender. This may or may not correspond with an individual's sex assigned at birth.
"Guardians" means the same as defined in RCW 13.34.030.
"Hearings" means the same as defined in WAC 110-03-0020.
"Heterosexual" means an individual who is exclusively attracted to individuals of the opposite sex or gender.
"Household members" means anyone living in the licensed home or living on the licensed property that has unsupervised access with children or youth.
"Indian children" means the same as defined in WAC 110-110-0010.
"Infants" means children from birth through 11 months of age.
"Initial licenses" means the same as defined in RCW 74.15.120.
"Intersex" means an umbrella term used to describe a wide range of natural bodily variations when the body is born with a combination of chromosomes, internal organs, or external genitalia that do not develop as expected.
"Interstate Compact on the Placement of Children (ICPC)" means the agreement enacted into law in all 50 states, the District of Columbia, and the U.S. Virgin Islands that establishes processes and requirements to:
(a) Provide protection and services to children and youth placed across state lines; and
(b) Verify interstate placements remain safe, suitable, and in the children's or youth's best interest.
"Kinship licenses" means child-specific licenses as defined in RCW 74.15.125.
"Lesbians" means females or women who have an emotional or physical attraction for other females or women.
"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual. The "+" represents identities not specifically named in the LGBTQIA acronym, e.g., pansexual, gender nonbinary, and two-spirit.
"License" means a permit issued by the department when a kinship caregiver and their home meet the licensing requirements established in this chapter.
"Licensed health care providers" means medical doctors, doctors of osteopathy, doctors of naturopathy, physician assistants, or advanced registered nurse practitioners.
"Licensed kinship care" or "licensed kinship caregivers" means the full-time care of children or youth by licensed relatives, suitable persons, or relatives defined by tribal code or custom.
"Licensing division (LD)" means the division within the department that licenses and monitors foster homes, licensed kinship homes, residential private schools, CPAs, and licensed group care facilities.
"Licensors" means either:
(a) LD employees who recommend approvals for or monitor licenses or certifications for foster homes, licensed kinship homes, residential private schools, facilities, and agencies established under this chapter; or
(b) CPA employees who certify or monitor foster homes supervised by the CPA.
"Medically fragile" means the condition of a child or youth who requires the availability of 24-hour skilled care from a health care professional or specially trained family or foster family member. If the technology, support, and services being received by the medically fragile children or youth are interrupted or denied, they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring.
"Missing children" means any child or youth under the placement, care, and authority of DCYF whose whereabouts are unknown or who have left care without the permission of their caregiver or the department. This does not include children or youth in dependency guardianships.
"Nonbinary" is a term of self-identification for individuals who do not identify within the limited and binary terms that have described gender identity, e.g., female and male. Nonbinary is also an umbrella term for many identities such as gender expansive, gender fluid, and genderqueer.
"Other weapons" means instruments other than firearms intentionally designed to cause bodily harm or physical damage.
"Out-of-home care" means the same as defined in RCW 13.34.030.
"Over-the-counter medication" means a drug that can be obtained without a prescription and is not restricted to use by a licensed health care provider, e.g., herbal supplements, vitamins, eye drops, ointments, and pain relievers.
"Parents" means the same as defined in RCW 26.26A.010.
"Permanency plan" means the decision regarding the placement of children or youth resulting from a permanency hearing as defined in RCW 13.34.136.
"Property" or "premises" means homes, buildings, and grounds, including those adjacent to the residential property that are owned, rented, or managed by the applicant or licensee.
"Provisional expedited kinship license" means a license issued to kinship caregivers who meet the requirements outlined in RCW 74.15.127 and WAC 110-149-0390.
"Prudent parent" means the same as defined in RCW 74.13.710, or as defined by the tribe.
"Psychotropic medications" means a type of medicine prescribed to affect or alter thought processes, mood, sleep, or behavior. These include antipsychotic, antidepressant, and antianxiety medications.
"Queer" means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.
"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.
"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by their tribal code or custom as relatives or extended family.
"Respite" means the same as defined in RCW 74.13.270 including, but not limited to, appropriate, temporary, short-term care provided by an in-home or out-of-home provider paid by the department.
"Sexual orientation" means an individual's emotional or physical attraction to other individuals.
"Sexual orientation, gender identity, and expression (SOGIE)" means distinct identifiers everyone has. LGBTQIA+ is a sub-distinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals.
"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who have completed all required criminal history background checks and otherwise appear to be suitable and competent to provide care for the child or youth, and with whom they have been placed, per RCW 13.34.130.
"Transgender" means an umbrella term for individuals whose gender identity or expression is different from cultural expectations based on the sex they were assigned at birth. Gender-affirming medical care is not a prerequisite to identify as transgender. Being transgender does not imply any specific sexual orientation.
"Two-spirit" means a modern umbrella term used by some Native Americans to describe Native American individuals in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being two-spirit does not imply any specific sexual orientation.
NEW SECTION
WAC 110-149-0030Nondiscrimination.
Caregivers must meet nondiscrimination requirements by:
(1) Following all state and federal laws regarding nondiscrimination while providing services to children and youth in care; and
(2) Supporting and engaging children and youth in care with dignity and respect regardless of actual or perceived race, ethnicity, religion, culture, or SOGIE.
CAREGIVER RIGHTS
NEW SECTION
WAC 110-149-0040Licensing options.
Caregivers may apply to:
(1) Receive a kinship or foster license through the department, CPA, or tribal CPA. If caregivers:
(a) Apply through a CPA or tribal CPA, CPA's have the discretion to:
(i) Determine whether to certify a caregiver; and
(ii) Have additional requirements for caregivers to become and remain a licensed kinship caregiver. Additional requirements must be related directly to the children's or youth's needs or case plans; and
(b) Disagree with a CPA's decision on whether to certify them, they must follow the CPA's appeals process to challenge the decision; and
(2) The state or a different CPA than they are currently applying to or are licensed with at any time.
NEW SECTION
WAC 110-149-0050Accepting placements of additional children or youth.
Caregivers must:
(1) Only accept placements of kinship children or youth in out-of-home care, unless they are licensed foster parents under chapter 110-148 WAC, which allows them to accept nonkin placements; and
(2) Have an updated assessment to include any additional kinship children or youth who were not identified on their current license within 90 days of the placement occurring.
NEW SECTION
WAC 110-149-0060Foster care maintenance payments.
Caregivers must be licensed to receive monthly foster care maintenance payments while caring for kinship children or youth, per WAC 110-50-0470.
NEW SECTION
WAC 110-149-0070Training, services, and financial support.
Caregivers may request the following from the department to assist in meeting the needs of kinship children or youth:
(1) Training;
(2) In or out-of-home services; or
(3) Financial support including, but not limited to:
(a) Transportation or mileage reimbursement;
(b) Property damage reimbursement; and
(c) Clothing vouchers when kinship children or youth have an exceptional clothing need.
NEW SECTION
WAC 110-149-0080Respite or babysitting for children and youth.
Caregivers:
(1) Have the right to receive breaks from caregiving, including respite;
(2) Must obtain their caseworker's approval if babysitting will be provided regularly or more than 72 hours; and
(3) May:
(a) Make their own arrangements for babysitting using the prudent parenting guidelines, if it will be provided occasionally and is less than 72 hours, per RCW 74.13.710;
(b) Have respite provided inside or outside of their home;
(c) Identify individuals to become certified kinship respite providers who will be paid by the department;
(d) Request the department or their CPA to help locate licensed foster homes to provide respite care; and
(e) Contact the children's or youth's caseworker to locate tribal certified respite homes.
NEW SECTION
WAC 110-149-0090Paid certified kinship respite provider requirements.
Certified kinship respite providers must be approved by the department to receive payment prior to providing respite care by completing the following when providing respite care in:
(1) The licensed kinship caregiver's home:
(a) Application;
(b) A federal bureau of investigation fingerprint-based background check;
(c) At least one interview; and
(d) Infant safety agreement; or
(2) The certified kinship respite provider's home. In addition to the requirements in subsection (1) of this section, they must also complete:
(a) A walkthrough of their home with a licensor; and
(b) Background checks for household members, as outlined in chapter 110-04 WAC.
NEW SECTION
WAC 110-149-0100Providing kinship respite care in licensed kinship homes.
Licensed kinship caregivers:
(1) Must:
(a) Only provide respite care to other kinship children or youth; and
(b) Be licensed for kinship children or youth to receive respite payments; and
(2) May request a home study update to their current license to add kinship children or youth they plan to provide respite for to be eligible to receive payment for any respite provided.
NEW SECTION
WAC 110-149-0110Applicants or licensed kinship caregivers' right to an administrative hearing.
Caregivers:
(1) Have a right to an administrative hearing per chapter 110-03 WAC;
(2) May request an administrative hearing if they contest the department's decision to deny, suspend, or revoke their license; and
(3) Must submit a written request for an administrative hearing to the office of administrative hearings within 28 calendar days of receiving a certified letter with the department's decision.
CAREGIVER REQUIREMENTS
NEW SECTION
WAC 110-149-0120Meeting the basic and specific needs of children and youth.
Caregivers must meet or request assistance from the children's or youth's caseworkers to develop a plan that meets the child's or youth's basic and specific needs. This includes, but is not limited to, providing:
(1) Food, including options for:
(a) Allergies;
(b) Specific diets; and
(c) Cultures;
(2) Seasonally appropriate clothes;
(3) Medications;
(4) Medical, vision, and dental care and equipment including, but not limited to:
(a) Incontinence items;
(b) Glasses; and
(c) Dental retainers; and
(5) Diapers and wipes.
NEW SECTION
WAC 110-149-0130Meeting the safety and well-being needs of children and youth.
Caregivers:
(1) Must follow these requirements when caring for children and youth:
(a) Make reasonable efforts to protect children and youth from abuse or neglect;
(b) Follow the children's or youth's case plans, including making them available for family time and visits with siblings;
(c) Provide access to meet with children or youth in care at any time, including at their home and property, to support their safety and well-being. Access must be given to the following, as applicable:
(i) The department;
(ii) CPA representatives; and
(iii) Tribes;
(d) Provide and arrange for care that is appropriate for children or youth;
(e) Provide children or youth with a safe, nurturing, respectful, and supportive environment;
(f) Obtain approval from the children's or youth's caseworker prior to making any significant changes to their appearance including, but not limited to:
(i) Hair dying or haircuts;
(ii) Piercings; and
(iii) Tattoos;
(g) Provide:
(i) Ongoing and appropriate haircare that is specific to the needs of the children or youth; and
(ii) Emotionally and developmentally appropriate care regarding their race, religion, culture, and SOGIE in their home and community including, but not limited to:
(A) Providing children and youth:
(I) A supportive and affirming environment;
(II) Opportunities for spiritual or religious participation or nonparticipation; and
(III) Tribal activities within their tribal community or extended family;
(B) Using their pronouns and chosen name;
(C) Not sharing their SOGIE without their permission; and
(D) Connecting them to appropriate resources; and
(h) Not use drugs or alcohol, whether legal or illegal, in a manner that affects their ability to provide safe care to children or youth; and
(2) May be required to complete trainings or participate in in-home services to address the needs of children or youth placed in their home.
NEW SECTION
WAC 110-149-0140Additional requirements for Indian children.
Caregivers must follow these additional requirements when caring for Indian children and youth in their care:
(1) Provide opportunities and support by connecting them with their tribal families and communities including, but not limited to, attending cultural and spiritual events, activities, and ceremonies, or learning tribal stories and songs;
(2) Collaborate with their caseworker:
(a) To support their connections to their tribal families and communities, as needed;
(b) When repairing, replacing, or providing culturally significant items; and
(c) To develop a case plan that includes, but is not limited to:
(i) Following the local Indian child welfare advisory committee recommendations, if applicable;
(ii) Managing tribally funded payments, e.g., per capita, general welfare, settlement funds, if applicable;
(iii) Possessing and using Native American traditional medicines including, but not limited to:
(A) Sage;
(B) Cedar; and
(C) Sweet grass; and
(iv) Using baby boards and moss bags;
(v) Providing plant-based or lactose free alternatives to cow's milk, if applicable;
(vi) Allowing Indian children or youth to attend cultural events and activities;
(vii) Not using discipline methods that interfere with the child's or youth's cultural needs, including cutting their hair, or taking away any religiously or culturally significant items or events; and
(viii) Consulting with tribes prior to any out-of-state or out-of-country travel when caring for children or youth in the care and custody of a tribal court; and
(3) Obtain approval from their caseworkers prior to making any changes to the child's or youth's appearance including, but not limited to:
(a) Hair dying or haircuts;
(b) Piercings; and
(c) Tattoos.
NEW SECTION
WAC 110-149-0150Conditions of the home.
(1) Caregivers must make reasonable efforts for their home to meet the following conditions and the developmental needs of the children and youth placed in their care including, but not limited to:
(a) Having:
(i) A method for heating and cooling;
(ii) Access to electricity and lighting, safe drinking water, and toilet and bathing facilities; and
(iii) Safe and sanitary pets when they are around children and youth, if applicable; and
(b) Verifying outdoor spaces that are accessible to children or youth are safe. This includes, but is not limited to, providing adequate supervision for the following:
(i) Trampolines;
(ii) Bodies of water;
(iii) Pools;
(iv) Hot tubs; and
(v) Fire pits; and
(c) Being free from:
(A) Insect and rodent infestation;
(B) Fire hazards, including exposed wires or flammable materials within three feet of a fire source; and
(C) Other safety hazards that may be accessible to children or youth, including:
(I) Overflowing garbage;
(II) Uncontained pet waste;
(III) Fleas;
(IV) Toxic mold;
(V) Peeling lead paint; or
(VI) Excessive debris.
(2) The department will make reasonable efforts to assist caregivers in acquiring necessary items to verify and maintain safe and sanitary conditions of the home and property, if these conditions are not met.
NEW SECTION
WAC 110-149-0160Sleeping arrangements.
Caregivers must meet the following sleeping arrangement conditions based on children's or youth's ages, development, and specific needs:
(1) Children under 12 months old must have a safe sleeping space that meets the infant safe sleep requirements, which includes bassinets, Native American cradle boards and moss bags, portable cribs, or cribs. Cribs must comply with:
(a) Chapter 70.111 RCW; and
(b) 16 C.F.R. 1219 or 1220; and
(2) Children and youth older than 12 months must have their own safe sleeping space with bedding, unless other arrangements have been approved by their caseworker.
NEW SECTION
WAC 110-149-0170Medical consent.
Caregivers:
(1) Have the authority to consent to routine medical, dental, and vision care on behalf of children or youth in the placement care and authority of the department or tribe who are younger than 18 years of age who are placed in their care;
(2) Must:
(a) Discuss children's and youth's routine care needs with the caseworkers who will incorporate the care needs into their case plans;
(b) Obtain direction from the tribes for permission to consent for medical care for children or youth in the custody of tribal court;
(c) Contact the children's or youth's caseworkers prior to scheduling nonroutine and nonemergent medical services. These services include, but are not limited to:
(i) Any procedures requiring anesthesia, e.g., tonsillectomy, tympanostomy, or wisdom teeth extraction;
(ii) Psychotropic medications for any children younger than 13 years of age or who are not able to give their own consent;
(iii) Surgery; and
(iv) Medical procedures; and
(d) Follow state laws regarding children's or youth's ability to access and consent to medical care including, but not limited to:
(i) Mental health care;
(ii) Protected health care;
(iii) Reproductive health care;
(iv) Sexually transmitted diseases; and
(v) Substance use treatment; and
(e) Not consent to medical care on behalf of an individual 18 years or older, unless they have legal authority to do so.
NEW SECTION
WAC 110-149-0180Medication administration and accessibility.
Caregivers must:
(1) Complete the following when children or youth are taking:
(a) Prescription medications:
(i) Notify their caseworker of the prescribed medications and any changes to medications, e.g., types or doses;
(ii) Give the medications in the amount and frequency prescribed by the licensed health care provider; and
(iii) Only:
(A) Start or stop giving the medications with approval from their licensed health care provider; and
(B) Use the medications for behavior control, including for sleep, when prescribed for that purpose; and
(b) Over-the-counter medications. Give over-the-counter medications to children or youth only as specified on the label; and
(2) Provide accessibility to medications for children or youth to:
(a) Others who are approved to provide medications; and
(b) Youth who are approved to take their own medicine; and
(3) Allow the following individuals to take their own medication:
(a) Youth participating in the extended foster care program; and
(b) Children or youth, if written approval is received by their:
(i) Licensed health care providers; and
(ii) Caseworkers.
NEW SECTION
WAC 110-149-0190Storing medications, substances, toxic products, firearms, and other weapons.
(1) Caregivers must keep children and youth safe by:
(a) Verifying lifesaving medications are accessible to them including, but not limited to:
(i) Inhalers;
(ii) Epi-Pens; and
(iii) Naloxone;
(b) Making the following items inaccessible to them when there is a concern about unsafe access based on their age, development, and specific needs:
(i) Prescription medications;
(ii) Over-the-counter medications including, but not limited to:
(A) Vitamins;
(B) Herbal remedies; and
(C) Pet medications;
(iii) Substances including, but not limited to:
(A) Alcohol;
(B) Marijuana;
(C) Nicotine; and
(D) Other drug paraphernalia; and
(iv) Toxic materials including, but not limited to:
(A) Cleaning products; and
(B) Mechanical fluids, including motor oil or antifreeze; and
(c) Locking firearms, ammunition, and other weapons in a manner that is inaccessible to children.
(2) The department will provide locking mechanisms if needed.
NEW SECTION
WAC 110-149-0200Supervising children and youth.
Caregivers must supervise children or youth by:
(1) Providing and arranging for supervision that is appropriate for the children's or youth's age and development; and
(2) Following a written supervision plan if provided by the:
(a) Caseworker; or
(b) CPA.
NEW SECTION
WAC 110-149-0210Participating in activities.
Caregivers must follow prudent parenting standards requirements in RCW 74.13.710 when allowing children or youth to participate in normal childhood activities.
NEW SECTION
WAC 110-149-0220Education requirements.
Caregivers must:
(1) Follow the educational plan approved by the children's or youth's caseworkers; and
(2) Enroll school-aged children or youth in public or tribal schools unless there is a court order allowing:
(a) Home schooling;
(b) Private schooling; or
(c) Alternative learning experiences.
NEW SECTION
WAC 110-149-0230Children's and youth's personal belongings.
When handling and storing children's and youth's personal belongings, caregivers must:
(1) Treat belongings with care and respect at all times;
(2) Verify children or youth who leave their home and take their personal belongings with them. This includes belongings they brought with them and those acquired while in care, e.g., clothing, mementos, bicycles, gifts, and money;
(3) Secure the children's or youth's belongings for at least 30 calendar days; and
(4) Coordinate with their caseworker to transfer their belongings to them as soon as possible if they are not able to take them when they leave.
NEW SECTION
WAC 110-149-0240Privacy for children and youth.
(1) Caregivers must provide children and youth the right to privacy including, but not limited to, personal mail, electronic mail, and phone calls unless the:
(a) Children's or youth's caseworkers ask caregivers to provide monitoring; or
(b) Court approves monitoring as part of the child's or youth's case plan.
(2) Caregivers:
(a) Are prohibited from using video and audio to monitor children or youth in care inside licensed kinship caregiver's homes, unless the criteria in (b) of this subsection or the following conditions are met:
(i) The LD senior administrator approves the use of electronic monitoring devices; or
(ii) The court approves the implementation of video or audio monitoring as part of the children's or youth's case plan;
(b) May use:
(i) Audio or visual monitoring of children or youth in care inside the licensed kinship caregiver's home for the following:
(A) Children, birth through four years of age;
(B) Medically fragile or sick children or youth;
(C) To document actions of children or youth directed in writing by their licensed health care provider using video recording equipment; and
(D) Door or window alarms or motion detectors; and
(ii) Recording for children's or youth's normal childhood events inside or outside of the licensed kinship caregiver's home including, but not limited to:
(A) Birthdays;
(B) Vacations;
(C) Extracurricular activities; and
(D) First day of school.
NEW SECTION
WAC 110-149-0250Transportation.
(1) Caregivers must have a plan to transport children or youth to appointments and activities based on children's or youth's age, development, and specific needs.
(2) If caregivers transport children or youth in a private vehicle, they must:
(a) Follow all state laws; and
(b) Have proper safety equipment to provide safe transportation, including car seats or booster seats, based on each child's or youth's age, development, and specific needs.
NEW SECTION
WAC 110-149-0260Emergency preparedness.
Caregivers must work with their licensor to prepare the home for emergencies to include:
(1) Having:
(a) A reliable way to contact emergency services when children or youth are present in the home;
(b) Smoke detectors inside and outside of all sleeping areas, on each story, in all play areas, and in the basement of the home;
(c) A working carbon monoxide detector on each level of the home;
(d) Access to a working fire extinguisher, recommended 2A10BC-rated five pound or larger in size; and
(e) An unblocked exit to the outside from each child's or youth's sleeping space that is large enough for emergency personnel wearing rescue gear to access;
(2) Verifying children or youth can escape from every floor in the home; and
(3) Creating and reviewing an evacuation plan with the children and youth in case of:
(a) Fires;
(b) Natural disasters; or
(c) Other emergencies.
MANAGING BEHAVIORS
NEW SECTION
WAC 110-149-0270Discipline.
When disciplining children or youth, caregivers:
(1) Must:
(a) Use discipline that is appropriate to the children's or youth's age and level of development; and
(b) Not use physical or verbally abusive, neglectful, humiliating, degrading, or frightening punishment including, but not limited to:
(i) Hitting;
(ii) Spanking;
(iii) Restricting breathing;
(iv) Name calling;
(v) Threats or intimidation;
(vi) Trapping or locking in a space;
(vii) Forced physical exertion or exercise; and
(viii) Other methods that interfere with the children's or youth's:
(A) Basic needs, including withholding food and water;
(B) Cultural needs, including cutting an Indian child's or youth's hair or taking away a religiously or culturally significant item or event; and
(C) Familial connections, including removal of sentimental items or gifts from their parents or family time; and
(2) May request training on how to use positive methods of guidance for children and youth that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation including, but not limited to:
(a) Directing them to another activity;
(b) Giving them choices when appropriate;
(c) Using time-in as a method of guidance, allowing them time to change their behavior;
(d) Planning to prevent problems; and
(e) Using positive reinforcement and encouraging them to express their feelings and ideas.
NEW SECTION
WAC 110-149-0280Physical restraint.
When considering or using physical restraint on children and youth, caregivers:
(1) Must:
(a) Not use physical restraint to redirect or deescalate the situation, unless the children's or youth's behaviors pose an immediate risk to the physical safety of themselves, another individual, or animals, or to prevent serious property damage. If restraint is necessary, it must be reasonable;
(b) Notify the children's or youth's caseworkers of any behavior that results in physical restraint as soon as possible, but within 24 hours of the restraint; and
(c) Develop a plan with the children's or youth's caseworkers if the use of physical restraint becomes ongoing; and
(2) May be required to complete training on how and when to use physical restraint that is based on the specific needs of the child or youth.
REPORTING REQUIREMENTS
NEW SECTION
WAC 110-149-0290Reporting incidents.
Caregivers must report the following incidents involving children and youth in their care within these required time frames:
(1) Immediately to the department intake when the incident is a:
(a) Death or near death; or
(b) Suspected or disclosed physical or sexual abuse, neglect, or exploitation of a child or youth, per chapter 26.44 RCW; and
(2) As soon as possible, but within:
(a) Twenty-four hours, to the children's or youth's caseworkers, any behavior that resulted in a physical restraint; and
(b) Forty-eight hours, to the child's or youth's caseworker or department intake if the child's or youth's caseworker is not available, or it is after normal business hours, for any of the following incidents:
(i) Serious illness or injury, or need for psychiatric care;
(ii) Sexual contact between two or more children or youth that is not:
(A) Consensual; or
(B) Not developmentally appropriate according to the American Academy of Pediatrics, e.g., not between preschool or teenage peers;
(iii) Disclosed suicidal or homicidal thoughts, gestures, or attempts;
(iv) Any medication given or consumed incorrectly; or
(v) Any treatment by a medical professional for emergency medical or emergency psychiatric care.
NEW SECTION
WAC 110-149-0300Reporting children and youth missing from care.
Caregivers must complete the following when children or youth are missing from their care:
(1) Notify the following immediately, but not more than 24 hours, when children or youth run away while in their care:
(a) Law enforcement;
(b) Tribal law enforcement for Indian children or youth;
(c) National center for missing and exploited children at 1-800-843-5678; and
(d) Child's or youth's caseworker; or
(e) Intake, if the child's or youth's caseworker cannot be contacted directly or it is after normal business hours;
(2) Provide the national center for missing and exploited children and law enforcement the following, when reasonably possible, no later than 24 hours of notification that the child or youth is missing from care:
(a) A recent photo of the child or youth;
(b) A description of the child's or youth's physical features, including:
(i) Height;
(ii) Weight;
(iii) Gender;
(iv) Ethnicity;
(v) Race;
(vi) Hair color; and
(vii) Eye color; and
(c) Endangerment information, if applicable, including the child's or youth's:
(i) Pregnancy status;
(ii) Prescription medications;
(iii) Suicidal tendencies;
(iv) Vulnerability to being sex trafficked; and
(v) Other health or risk factors;
(3) Not provide the national center for missing and exploited children consent to release children and youth information under subsection (2)(c) of this section; and
(4) At any time after making an initial report the caregiver learns of a missing child's or youth's whereabouts or they return home, caregivers must report this to the:
(a) Caseworker; or
(b) Intake.
NEW SECTION
WAC 110-149-0310Reporting changes in the home.
(1) Caregivers must:
(a) Notify their licensor before moving to a new location and request a continuation of their current license, per RCW 74.15.100; and
(b) Report the following to their licensor immediately if there is:
(i) A change in their address or telephone number;
(ii) Structure damage to their home;
(iii) A plan to make changes to their home structure; or
(iv) A plan to relocate their home; and
(v) Any of the following changes to individuals in the home including:
(A) A change in the caregiver's spouse or partner;
(B) A separation from the caregiver's spouse or partner;
(C) An arrest of an individual who has access to children or youth;
(D) The death of a caregiver;
(E) An individual moving in or out of the home or property;
(F) Any serious physical or mental incapacity that may interfere with the care of children or youth; or
(G) Any changes in a medical condition, including changes in prescription drugs that impact their ability to care for children or youth.
(2) The department or CPA may require the licensed kinship caregivers to complete a new or updated assessment of the home based on the situations in subsection (1)(b) of this section. This assessment may or may not result in the issuance of a new license.
LICENSING PROCESS
NEW SECTION
WAC 110-149-0320Issuing initial licenses.
(1) The department may:
(a) Issue initial licenses:
(i) To caregivers prior to their completed home study to receive foster care maintenance payments to assist in the care of specific children or youth; and
(ii) For a maximum of 90 calendar days. If the kinship license is not approved by the 90th day, the caregiver's foster care maintenance payments will be discontinued and resume when the three-year kinship license is approved;
(b) Provide financial support to caregivers while they complete their home study; and
(c) Reissue initial licenses to include any additional kinship children or youth placed in the home after an initial license is issued.
(2) The department must inform caregivers they may receive an initial license to care for specific children or youth in the department's placement care and authority or when requested by a tribe or tribal CPA for children or youth in their jurisdiction when the following conditions are met:
(a) Children or youth are currently placed in a kinship caregiver's home;
(b) The caregiver agrees to receive an initial license; and
(c) All household members 16 and older have a conditionally approved background check, except for:
(i) Parents or guardians who are approved to reside in the home; or
(ii) A household member who cannot pass a conditional approval when there is a:
(A) Court order allowing them to remain in the home with the child or youth; and
(B) Supervision plan is in place.
NEW SECTION
WAC 110-149-0330Kinship licensing process.
(1) Caregivers applying to become licensed kinship caregivers must:
(a) Collaborate with their licensor to complete the licensing process, which includes, but is not limited to:
(i) Providing:
(A) The required licensing documents as outlined in the licensing provider portal; and
(B) Verification that the caregivers are at least 18 years old;
(ii) Completing the background checks requirements for all household members, per chapter 110-04 WAC; and
(iii) Participating in:
(A) A home study;
(B) An inspection of their home; and
(C) Additional assessments, in rare circumstances when related to the safety and specific needs of the children or youth in care including, but not limited to:
(I) Mental health;
(II) Substance abuse; or
(III) Collaterals; and
(b) Complete the kinship licensing process prior to the 90th day of the initial license being issued to avoid a break in foster care reimbursement payment.
(2) Caregivers have the right to access caregiver support if they feel their licensing needs are not met.
(3) The department or CPA may withdraw a caregiver's application if they are not engaging in the licensing process.
NEW SECTION
WAC 110-149-0340Background check requirements.
(1) Caregivers, caregivers' household members, and individuals on the property having unsupervised access to children or youth must:
(a) Meet the requirements outlined in chapter 110-04 WAC; and
(b) Pass a background check.
(2) The department:
(a) Must:
(i) Disqualify caregivers or those living in a caregiver's home if they:
(A) Do not meet the requirements outlined in this chapter; or
(B) Cannot have unsupervised access to children or youth because they did not pass their background check; and
(ii) Notify caregivers if an individual in their home is:
(A) Disqualified from having unsupervised access to children; and
(B) Cannot remain living in their home; and
(b) May allow a child's or youth's parents or guardians who have been approved to reside in the home to support the children's or youth's case plan.
(3) Kinship children or youth placed in the licensed kinship caregiver's home do not need to complete background checks.
NEW SECTION
WAC 110-149-0350Issuing or reassessing kinship licenses.
(1) The licensors or CPA workers must complete a home inspection when they receive notification of licensed kinship caregivers moving within 30 calendar days of the:
(a) Licensed kinship caregiver's first night in their new home when children or youth are placed; or
(b) Notification of the move when no children or youth are placed.
(2) The department must:
(a) Make reasonable efforts to assist caregivers in acquiring the necessary items and support to meet the licensing requirements; and
(b) Reassess when caregivers request to:
(i) Add a kinship child or youth to their kinship license and that child or youth was not identified prior to licensure;
(ii) Add or remove caregivers from their license; and
(iii) Apply for a foster home license as outlined in chapter 110-148 WAC;
(c) Not transfer the license to another individual; and
(d) Make the final decision to license caregivers when they are certified by a CPA.
(3) The department may:
(a) Issue kinship licenses:
(i) To relatives or suitable persons:
(A) As defined:
(I) In RCW 74.15.125 for child-specific licenses;
(II) By tribes; or
(III) By agencies requesting ICPCs; and
(B) Providing care to kinship children or youth in the placement care and authority of the department, tribe, or other jurisdiction; and
(ii) For a three-year period; and
(b) Renew kinship licenses:
(i) When caregivers and their household members meet background check requirements in chapter 110-04 WAC; and
(ii) For the name and address shown on the application when the licensing requirements contained in this chapter are met.
(4) Caregivers with a kinship license:
(a) Must:
(i) Meet and maintain the licensing requirements in:
(A) RCW 74.15.030; and
(B) This chapter; and
(ii) Provide verification to the department that they are meeting the licensing requirements, if requested; and
(b) Do not have the right to:
(i) Have specific children or youth placed in their care; or
(ii) Be a party in any department court proceedings under chapter 13.34 RCW.
NEW SECTION
WAC 110-149-0360Department and CPA employees applying for kinship licenses.
(1) Employees or their relatives applying for kinship licenses who:
(a) Work for:
(i) The department must follow department policy regarding licensure; and
(ii) A CPA, in the roles of administration, supervision, foster or kinship home certification, placement, payment authorization, or case management may not be certified by that CPA as a foster or kinship home; or
(b) Have financial interests in a CPA may not be licensed or certified by that CPA.
(2) If caregivers obtain employment from the CPA that has already certified their home, and they serve in any role listed in subsection (1)(a)(ii) of this section, they must be recertified through another CPA or become licensed directly by the department within six months of employment.
NEW SECTION
WAC 110-149-0370Kinship caregivers having multiple licenses, certifications, or authorizations.
(1) Applicants must submit a complete licensing application for each license they are requesting.
(2) The department:
(a) Must:
(i) Conduct an individualized assessment of each complete license application when applicants apply for more than one license, prior to approving or denying an application for any license, certification, or authorization requested by the applicant; and
(ii) Determine the capacity limits for each license based on the requirements in the chapter within Title 110 WAC that authorizes the license; and
(b) May approve:
(i) Licensed kinship caregiver's requests to have more than one department license, certification, or authorization, including child care and kinship licenses; and
(ii) Multiple licenses for the same home or address when:
(A) There are multiple licensed kinship caregivers living in the same home or address; and
(B) Each licensed kinship caregiver is licensed to care for different children or youth.
(3) Providers who hold both a child care and a kinship license must:
(a) Comply with WAC 110-300-0300; and
(b) Develop and follow a written individual care plan for every child or youth in their care with developmental, health, or behavioral needs.
(4) Providers who:
(a) Hold a child care early learning program license;
(b) Offer overnight child care authorized under chapter 110-300 WAC; and
(c) Hold a kinship license authorized under this chapter, must comply with:
(i) WAC 110-300-0270; and
(ii) All other applicable rules under this chapter and chapter 110-300 WAC.
(5) If the department determines that licensed kinship caregivers are not in compliance with all applicable requirements and regulations for any license, certification, or authorization:
(a) The department and licensed kinship caregivers may mutually agree to amend one or more of the licenses, certifications, or authorizations;
(b) The licensed kinship caregivers may voluntarily agree to surrender or relinquish one or more of the licenses, certifications, or authorizations to the department; or
(c) The department may issue fines or suspend, deny, modify, or revoke one or more of the licenses, per RCW 43.216.325 and 74.15.130.
NEW SECTION
WAC 110-149-0380Renewing kinship licenses.
(1) Caregivers must:
(a) Submit applications for kinship license renewals prior to the expiration date on the current license; and
(b) Collaborate with their licensor to complete the license renewal process which includes, but is not limited to:
(i) Providing the required renewal documents;
(ii) Completing background checks for all household members, per chapter 110-04 WAC; and
(iii) Participating in:
(A) A reassessment; and
(B) An inspection of their home; and
(C) Additional assessments, in rare circumstances when related to the safety and specific needs of the children or youth in care, including, but not limited to:
(I) Mental health;
(II) Substance abuse;
(III) Collaterals; and
(2) The department may:
(a) Send a renewal notice to licensed kinship caregivers 90 calendar days prior to the license expiration date; and
(b) Close a kinship license if an application is not received by the expiration date.
NEW SECTION
WAC 110-149-0390Provisional expedited kinship licenses.
(1) Caregivers requesting a provisional expedited kinship license:
(a) Must submit a completed provisional expedited license application to the department or a CPA to initiate this type of license;
(b) May request a provisional expedited kinship license if they meet the following requirements:
(i) They have been licensed to provide foster care or licensed kinship care within the previous five years;
(ii) The license was not closed due to a denial, revocation, or an agreement to relinquish;
(iii) They reside in the same home in which they previously held a foster care or kinship license;
(iv) There are no additional household members;
(v) The expedited kinship license will be supervised by the same CPA under whom they were previously licensed or certified if the CPA agrees to supervise the home; and
(vi) The caregiver and all household members have passed the required background checks, per chapter 110-04 WAC; and
(c) Do not have the right to appeal a decision by the department if they do not meet the criteria for a provisional expedited kinship license.
(2) The department may:
(a) Issue provisional expedited kinship licenses when kinship caregivers meet the specific qualifications of this section outlined in RCW 74.15.127 while they work towards a kinship license; and
(b) Continue to work with the caregivers to become fully licensed under this chapter if they do not meet the criteria for approval of a provisional expedited kinship license.
NEW SECTION
WAC 110-149-0400Licensing requirement exemptions.
When caregivers do not meet the licensing requirements:
(1) The department may approve an exemption to license and continue to license a caregiver if the department finds that they can provide for the safety, health, and well-being of children or youth in their care; and
(2) Caregivers do not have appeal rights if the department denies their request for an exemption to the licensing requirements.
NEW SECTION
WAC 110-149-0410Denying, suspending, or revoking a license.
The department:
(1) Will work or attempt to work with caregivers before moving to deny, suspend, or revoke kinship licenses;
(2) May deny, suspend, or revoke kinship licenses when:
(a) The department has determined that caregivers have abused, neglected, or abandoned a child or youth; or
(b) Caregivers:
(i) Do not meet the licensing requirements in this chapter;
(ii) Have others in the home that have not passed a background check; and
(iii) Commit, permit, or assist in an illegal act on the property of a home or facility providing care to children or youth;
(iv) Knowingly provide false information to the department that impacts the safety and well-being of children or youth in care;
(v) Cannot provide for the safety, health, and well-being of the children in their care; or
(vi) Cannot or will not support a child's or youth's cultural needs including needs based on their race, ethnicity, religion, or SOGIE;
(3) Will send caregivers a certified letter notifying them the department has decided to deny, suspend, or revoke their license. The letter will also inform them what they need to do if they disagree with the department's decision;
(4) Has jurisdiction over all:
(a) Applicants for licenses;
(b) Licenses issued by the department; and
(c) Licensed kinship caregivers as outlined in RCW 74.15.030; and
(5) Retains jurisdiction over licensing applications and licenses when caregivers:
(a) Request to withdraw their application; or
(b) Surrender or fail to renew their license.
OTS-6031.1
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 110-148-1326
Can I get a license to care for a specific child, and what are the requirements?