AN ACT Relating to
foreign children entering the United States for medical care; and amending RCW
74.15.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 74.15.020 and 1999 c
267 s 11 are each amended to read as follows:
For the purpose of
chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by
the context thereof, the following terms shall mean:
(1) "Agency"
means any person, firm, partnership, association, corporation, or facility
which receives children, expectant mothers, or persons with developmental
disabilities for control, care, or maintenance outside their own homes, or
which places, arranges the placement of, or assists in the placement of
children, expectant mothers, or persons with developmental disabilities for
foster care or placement of children for adoption, and shall include the
following irrespective of whether there is compensation to the agency or to the
children, expectant mothers or persons with developmental disabilities for
services rendered:
(a) "Child
day-care center" means an agency which regularly provides care for a group
of children for periods of less than twenty-four hours;
(b) "Child-placing
agency" means an agency which places a child or children for temporary
care, continued care, or for adoption;
(c) "Community
facility" means a group care facility operated for the care of juveniles
committed to the department under RCW 13.40.185. A county detention facility
that houses juveniles committed to the department under RCW 13.40.185 pursuant
to a contract with the department is not a community facility;
(d) "Crisis
residential center" means an agency which is a temporary protective
residential facility operated to perform the duties specified in chapter 13.32A
RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(e) "Family
day-care provider" means a child day-care provider who regularly provides
child day care for not more than twelve children in the provider's home in the
family living quarters;
(f) "Foster-family
home" means an agency which regularly provides care on a twenty-four hour
basis to one or more children, expectant mothers, or persons with developmental
disabilities in the family abode of the person or persons under whose direct
care and supervision the child, expectant mother, or person with a
developmental disability is placed;
(g) "Group-care
facility" means an agency, other than a foster-family home, which is
maintained and operated for the care of a group of children on a twenty-four
hour basis;
(h) "HOPE
center" means an agency licensed by the secretary to provide temporary
residential placement and other services to street youth. A street youth may
remain in a HOPE center for thirty days while services are arranged and
permanent placement is coordinated. No street youth may stay longer than
thirty days unless approved by the department and any additional days approved
by the department must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her returned to home may
remain in a HOPE center until his or her parent arranges return of the youth,
not longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(i) "Maternity
service" means an agency which provides or arranges for care or services
to expectant mothers, before or during confinement, or which provides care as
needed to mothers and their infants after confinement;
(j) "Responsible
living skills program" means an agency licensed by the secretary that
provides residential and transitional living services to persons ages sixteen
to eighteen who are dependent under chapter 13.34 RCW and who have been unable
to live in his or her legally authorized residence and, as a result, the minor
lived outdoors or in another unsafe location not intended for occupancy by the
minor. Dependent minors ages fourteen and fifteen may be eligible if no other
placement alternative is available and the department approves the placement;
(k) "Service
provider" means the entity that operates a community facility.
(2) "Agency"
shall not include the following:
(a) Persons related to
the child, expectant mother, or person with developmental disability in the
following ways:
(i) Any blood relative,
including those of half-blood, and including first cousins, nephews or nieces,
and persons of preceding generations as denoted by prefixes of grand, great, or
great-great;
(ii) Stepfather,
stepmother, stepbrother, and stepsister;
(iii) A person who
legally adopts a child or the child's parent as well as the natural and other
legally adopted children of such persons, and other relatives of the adoptive
parents in accordance with state law;
(iv) Spouses of any
persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the
marriage is terminated; or
(v) Extended family
members, as defined by the law or custom of the Indian child's tribe or, in the
absence of such law or custom, a person who has reached the age of eighteen and
who is the Indian child's grandparent, aunt or uncle, brother or sister,
brother-in-law or sister-in-law, niece or nephew, first or second cousin, or
stepparent who provides care in the family abode on a twenty-four-hour basis to
an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are
legal guardians of the child, expectant mother, or persons with developmental
disabilities;
(c) Persons who care
for a neighbor's or friend's child or children, with or without compensation,
where: (i) The person providing care for periods of less than twenty-four
hours does not conduct such activity on an ongoing, regularly scheduled basis
for the purpose of engaging in business, which includes, but is not limited to,
advertising such care; or (ii) the parent and person providing care on a
twenty-four-hour basis have agreed to the placement in writing and the state is
not providing any payment for the care;
(d) Parents on a
mutually cooperative basis exchange care of one another's children;
(e) A person,
partnership, corporation, or other entity that provides placement or similar
services to exchange students or international student exchange visitors or
persons who have the care of an exchange student in their home;
(f) A person,
partnership, corporation, or other entity that provides placement or similar
services to international children who have entered the country by obtaining
visas that meet the criteria for medical care as established by the United
States immigration and naturalization service, or persons who have the care of
such an international child in their home;
(g) Nursery
schools or kindergartens which are engaged primarily in educational work with
preschool children and in which no child is enrolled on a regular basis for
more than four hours per day;
(((g))) (h)
Schools, including boarding schools, which are engaged primarily in education,
operate on a definite school year schedule, follow a stated academic
curriculum, accept only school-age children and do not accept custody of
children;
(((h))) (i)
Seasonal camps of three months' or less duration engaged primarily in
recreational or educational activities;
(((i))) (j)
Hospitals licensed pursuant to chapter 70.41 RCW when performing functions
defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW
and boarding homes licensed under chapter 18.20 RCW;
(((j))) (k)
Licensed physicians or lawyers;
(((k))) (l)
Facilities providing care to children for periods of less than twenty-four
hours whose parents remain on the premises to participate in activities other
than employment;
(((l))) (m)
Facilities approved and certified under chapter 71A.22 RCW;
(((m))) (n)
Any agency having been in operation in this state ten years prior to June 8,
1967, and not seeking or accepting moneys or assistance from any state or
federal agency, and is supported in part by an endowment or trust fund;
(((n))) (o)
Persons who have a child in their home for purposes of adoption, if the child
was placed in such home by a licensed child-placing agency, an authorized public
or tribal agency or court or if a replacement report has been filed under
chapter 26.33 RCW and the placement has been approved by the court;
(((o))) (p)
An agency operated by any unit of local, state, or federal government or an
agency, located within the boundaries of a federally recognized Indian
reservation, licensed by the Indian tribe;
(((p))) (q)
An agency located on a federal military reservation, except where the military
authorities request that such agency be subject to the licensing requirements
of this chapter.
(3)
"Department" means the state department of social and health
services.
(4)
"Juvenile" means a person under the age of twenty-one who has been
sentenced to a term of confinement under the supervision of the department
under RCW 13.40.185.
(5) "Probationary
license" means a license issued as a disciplinary measure to an agency
that has previously been issued a full license but is out of compliance with
licensing standards.
(6)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(7)
"Secretary" means the secretary of social and health services.
(8) "Street
youth" means a person under the age of eighteen who lives outdoors or in
another unsafe location not intended for occupancy by the minor and who is not
residing with his or her parent or at his or her legally authorized residence.
(9) "Transitional
living services" means at a minimum, to the extent funds are available,
the following:
(a) Educational
services, including basic literacy and computational skills training, either in
local alternative or public high schools or in a high school equivalency
program that leads to obtaining a high school equivalency degree;
(b) Assistance and
counseling related to obtaining vocational training or higher education, job
readiness, job search assistance, and placement programs;
(c) Counseling and
instruction in life skills such as money management, home management, consumer
skills, parenting, health care, access to community resources, and transportation
and housing options;
(d) Individual and
group counseling; and
(e)
Establishing networks with federal agencies and state and local organizations
such as the United States department of labor, employment and training
administration programs including the job training partnership act which
administers private industry councils and the job corps; vocational
rehabilitation; and volunteer programs.
