AN ACT Relating to adult family homes; amending RCW 74.15.010, 74.15.020, 74.15.030, 74.15.040, and 74.15.090; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. As used in this chapter:

(1) "Adult family home" means the regular family residence of a person or persons licensed to provide room and board, and additional services as defined by the department, to adults who are developmentally disabled or have a mental or physical infirmity. For the purpose of this chapter, "adult family home" does not include any house, institution, hotel, or other similar living situation that supplies room and board only, room only, or board only.

(2) "Applicant" means any person who completes and signs an application for a license.

(3) "Board" means the provision of daily meal service.

(4) "Client" means a resident in an adult family home who receives services from a sponsor that are paid for by the department.

(5) "Contract" means a signed agreement between the department and a sponsor for the delivery of services to clients whose care is paid for by the state.

(6) "Department" means the department of social and health services.

(7) "Developmentally disabled adult" means a person age eighteen or over who has been determined to be developmentally disabled by the department as defined in RCW 71A.10.020.

(8) "License" means a certificate issued by the department to adult family home sponsors who are in compliance, at the time of licensing, with the requirements of this chapter and rules adopted under this chapter.

(9) "Permitted use" means the use permitted by right in the district where the applicant resides, and not uses otherwise allowed by conditional use permit, limited use permit, or special use permit.

(10) "Requirement" means any rule, regulation, policy, or procedure applied to the operation of an adult family home by the department.

(11) "Resident" means any person who receives room, board, and any additional services as defined by the department in an adult family home.

(12) "Room" means a space set apart by floor to ceiling partitions enclosed by doors and including windows.

(13) "Sponsor" means an applicant and facility licensed to operate as an adult family home.

NEW SECTION. Sec. 2. (1) A license is required to be maintained by any person who operates a facility providing services for:

(a) No less than one and no more than four developmentally disabled adults whose care is paid for by the state; or

(b) No less than one and no more than four clients whose care is paid for by the state; or

(2) The department shall not place a client whose care is paid for by the state in the home of an unlicensed sponsor.

(3) A licensed sponsor shall not exceed the licensed resident capacity established by the department.

(4) Exceptions to resident capacity may be authorized by the department for good cause.

(5) The sponsor shall inform the department of the number of residents in the home at the time the license is issued and shall immediately inform the department of any changes in the number of individuals residing in that home.

NEW SECTION. Sec. 3. (1) An application for a license shall be made to the department and shall include evidence of ability to comply with rules adopted under this chapter.

(2) The applicant may withdraw their application at any time during the application process by notifying the department.

NEW SECTION. Sec. 4. (1) Department staff or any member of a staff member's household involved directly or in an administrative or supervisory capacity in the adult family home licensing process, or in placement of persons in a licensed adult family home, or in authorizing payment for such resident, is prohibited from becoming a sponsor.

(2) Upon receipt of an application the department shall investigate the applicant and home to assure that the adult family home meets the requirements of, and rules adopted under, this chapter and the licensing requirements found in the rules adopted under this chapter.

(3) In consultation with law enforcement personnel, the department shall investigate the conviction record or pending charges of each applicant, sponsor, and their staff. The investigation shall include a criminal check completed by the Washington state patrol. The department shall not use the information for other than department purposes of determining eligibility for a license. Criminal justice agencies shall provide the department such information as they may have and that the department may require for such purpose.

(4) In consultation with the clerk of courts the department may investigate the civil records of the applicant and their staff.

(5) The department shall issue a license to the applicant and the adult family home if the applicant meets the requirements of this chapter.

(6) The department shall be notified of staff changes as they occur. A criminal check shall be completed for new staff members.

(7) Each license shall be issued only for the exact location of the adult family home and for the sponsor or sponsors named in the application. Each license shall state the maximum capacity of residents for whom the home is licensed. The license shall not be transferrable or assignable.

(8) Licenses shall be posted in a conspicuous place on the licensed premises.

(9) Licenses shall be issued for no less than one and no more than three years as determined by the department.

(10) If a licensed sponsor desires to apply for a renewal of a license he or she must submit a renewal application to the department. If the department fails to act by the expiration date of the license, the license shall continue in effect until the department acts.

(11) The department shall conduct an inspection of the adult family home prior to license renewal to ensure the requirements of this chapter and the rules adopted under this chapter are met.

(12) The department may deny a license to any applicant that:

(a) Operated an adult family home without a license or under a revoked or suspended license;

(b) Has knowingly or with reason to know made a false statement of a material fact (i) in an application for license or any data attached thereto, or (ii) in any matter under investigation by the department;

(c) Refused to allow representatives or agents of the department to inspect (i) all books, records, and files required to be maintained or (ii) any portion of the premises of the adult family home;

(d) Prevented, interfered with, or attempted to impede in any way (i) the work of any authorized representative of the department of (ii) the lawful enforcement of any provision of this chapter or chapter 74.42 RCW;

(e) Is not in compliance with this chapter at the time of the initial licensing evaluation or has a history of significant noncompliance with state regulations in providing adult family home care. The department shall consider the gravity and frequency of the noncompliance; or

(f) Shows an inability to comply with health and safety requirements as indicated in the information gathered during the investigation required in subsections (3) and (4) of this section.

(13) The department may suspend, revoke, or refuse to renew a license, in any case in which it finds the sponsor:

(a) Operated an adult family home without a license, or under a revoked or suspended license; or

(b) Has knowingly or with reason to know made a false statement of a material fact in his or her application for license or any data attached thereto, or in any matter under investigation by the department; or

(c) Refused to allow representatives or agents of the department to inspect all books, records, and files required to be maintained, or any portion of the premises of the adult family home; or

(d) Wilfully prevented, interfered with, or attempted to impede in any way the work of any authorized representative of the department or the lawful enforcement of any provision of this chapter or of chapter 74.42 RCW; or

(e) Wilfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of any of the provisions of this chapter or of chapter 74.42 RCW or the standards and rules adopted under them; or

(f) Failed to report patient abuse or neglect.

(14) The department shall notify the residents of the denial, suspension, or revocation or nonrenewal of a license.

(15) If the department determines that an emergency exists as a result of an adult family home's failure or refusal to comply with requirements of this chapter, the department may order the immediate closure of the adult family home, the immediate transfer of residents, or both.

(16) (a) The department shall order stop placement on an adult family home, effective upon oral or written notice, when the department determines that the adult family home no longer substantially meets the requirements of this chapter; or any applicable state rules; and the deficiency or deficiencies in the adult family home jeopardize the health and safety of the residents or seriously limit the adult family home's capacity to provide adequate care.

(b) When the department has initiated a stop placement, the department may approve a readmission to the adult family home from a hospital when the department determines the readmission would be in the best interest of the individual seeking readmission.

(c) The department shall notify the sponsors, by certified mail, of its intention to deny, suspend, or revoke the sponsors license. The letter shall state the grounds for the action, the time frame for corrective action, if any, and the opportunity to contest the departments action.

(d) All orders of the department denying, suspending, or revoking the adult family home license shall become final twenty days after service upon the applicant or licensee unless a hearing is requested.

(e) Orders of the department imposing stop placement, emergency closure, emergency transfer, or stop payment shall be effective immediately upon notice and pending any hearing.

(f) The department shall terminate the stop placement when:

(i) The sponsor states in writing that the deficiencies necessitating the stop placement action have been corrected; and

(ii) Department staff confirms in a timely fashion not to exceed fifteen working days that:

(A) The deficiencies necessitating stop placement action have been corrected; and

(B) The sponsor exhibits the capacity to maintain adequate care and service.

(g) An adult family home sponsor shall have the right to an informal review to present written evidence to refute the deficiencies cited as the basis for the stop placement. If an informal review is desired, the adult family home shall request the review in writing within ten days of the effective date of the stop placement.

(h) A stop placement shall not be delayed or suspended because the adult family home requests a contested hearing or an informal review. The stop placement shall remain in effect until:

(i) The department terminates the stop placement;

(ii) Fourteen days after an initial decision terminating the stop placement is mailed and the department does not file a petition for administrative review; or

(iii) A review decision terminating the stop placement is mailed.

(17) The department shall by rule specify criteria as to when and how the sanctions specified in this section shall be applied. Such criteria shall provide for the imposition of incrementally more severe penalties for deficiencies that are repeated, uncorrected, pervasive, or present a threat to the health, safety, or welfare of the residents. Penalties may include civil monetary penalties.

(18) At the time of the application for or renewal of a license the licensee shall at the department's discretion, pay a license fee as established by the department under RCW 43.20B.110.

NEW SECTION. Sec. 5. Notwithstanding the existence or use of any other remedy, the department or a resident may bring an action for a temporary restraining order, preliminary injunction, or other action against any person who operates a facility in noncompliance with this act.

NEW SECTION. Sec. 6. (1) The department shall, in the interest of public health, safety and welfare, adopt rules with respect to licensed adult family homes and sponsors as may be needed to further promote this chapter and the safe and adequate care of individuals in adult family homes.

(2) All hearings hereunder and judicial review of such determinations shall be in accordance with the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 7. All information received by the department through filed reports, inspections, or as otherwise authorized under this chapter, shall not be disclosed publicly in any manner identifying residents or sponsors, except in a proceeding involving denial, suspension, or revocation of a license.

NEW SECTION. Sec. 8. The department shall have the authority, in consultation with the state fire marshal, to:

(1) Adopt recognized minimum standard requirements for adult family homes necessary to protect residents from fire hazards; and

(2) To make or cause to be made inspections, necessary to protect all persons residing in the adult family home from fire hazards. These inspections may be made by department licensing staff or the local fire authority.

NEW SECTION. Sec. 9. (1) Each resident shall have, in addition to any rights established by law, the following rights:

(a) To be informed or to have an agent, designated by the resident, informed of the resident's rights and the policies of the adult family home at the time of admission. A written copy of rights and policies shall be provided to each resident or designated agent;

(b) To be treated in a manner that respects his or her individual identity and human dignity and fosters self-esteem;

(c) To associate and communicate privately with persons of his or her choice; to send or receive uncensored correspondence through the mail; and to have reasonable access to a telephone both to make and to receive personal phone calls;

(d) To manage personal financial affairs unless the person has been adjudicated to be incompetent or unless a representative or protective payee has been appointed;

(e) To retain and use personal clothing and possessions;

(f) To be assured privacy for visits with relatives or guests;

(g) To voice grievances and recommend changes in policies and services to the sponsor, and to outside representatives of his or her choice, free from restraint, interference, coercion, discrimination, or reprisal;

(h) To be informed of telephone numbers and addresses of the licensing agency and appropriate advocacy groups;

(i) To meet with and participate in activities of social, religious, and community groups at his or her discretion;

(j) To be free from exploitation, assault, abuse, and neglect;

(k) To have information contained in resident health records kept confidential with access only to authorized personnel and the department unless the resident authorizes a release of information; and

(l) To be given timely notice of changes in policies and procedures.

(2) Each resident shall have at least one comfortable pillow and adequate, clean bedding. Clean sheets, a pillow case, towels, and washcloths shall be provided as needed and in any case at least once a week.

(3) Services shall be provided so as to attain or maintain each resident's highest degree of independent functioning possible and be compatible with individual safety and welfare.

(4) Nothing in this section shall allow a danger to be created or an infringement upon the rights of others.

NEW SECTION. Sec. 10. The sponsor shall comply with federal and state statutory and regulatory requirements regarding nondiscrimination.

NEW SECTION. Sec. 11. The department shall establish a procedure for making on-site investigations of complaints against adult family homes.

NEW SECTION. Sec. 12. The department shall inspect and investigate all adult family homes when the department has reason to believe the adult family home or sponsor may be in violation of provisions of this chapter or the rules adopted under this chapter.

NEW SECTION. Sec. 13. Each adult family home shall meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations. It is the responsibility of the sponsor to check with local authorities to ensure all local codes are met. An adult family home shall be a residential use of property for zoning purposes. Political jurisdictions shall treat adult family homes as a permitted use in all residential zoning districts, including all single family residential zoning districts.

NEW SECTION. Sec. 14. No sponsor shall be licensed to operate more than one adult family home concurrently. A sponsor shall not be employed by a corporation, partnership, or individual to operate an adult family home. Being employed by someone to be a sponsor shall be grounds for denial, suspension, or revocation of that application or license and all associated applications and licenses. Exceptions may be authorized by the department for good cause.

Sec. 15. Section 1, chapter 172, Laws of 1967 as last amended by section 192, chapter 3, Laws of 1983 and RCW 74.15.010 are each amended to read as follows:

The purpose of chapter 74.15 RCW and RCW 74.13.031 is:

(1) To safeguard the well-being of children((,)) and expectant mothers ((~~and developmentally disabled persons~~)) receiving care away from their own homes;

(2) To strengthen and encourage family unity and to sustain parental rights and responsibilities to the end that foster care is provided only when a child's family, through the use of all available resources, is unable to provide necessary care;

(3) To promote the development of a sufficient number and variety of adequate child-care and maternity-care facilities, both public and private, through the cooperative efforts of public and voluntary agencies and related groups.

(4) To provide consultation to agencies caring for children((,)) or expectant mothers ((~~or developmentally disabled persons~~)) in order to help them to improve their methods of and facilities for care;

(5) To license agencies as defined in RCW 74.15.020 and to assure the users of such agencies, their parents, the community at large and the agencies themselves that adequate minimum standards are maintained by all agencies caring for children((,)) and expectant mothers ((~~and developmentally disabled persons~~)).

Sec. 16. Section 2, chapter 172, Laws of 1967 as last amended by section 912, chapter 176, Laws of 1988 and RCW 74.15.020 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) "Department" means the state department of social and health services;

(2) "Secretary" means the secretary of social and health services;

(3) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children((,)) or 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((,)) or 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((,)) or expectant mothers ((~~or persons with developmental disabilities~~)) for services rendered:

(a) "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;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "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;

(d) "Day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children((,)) or expectant mothers((~~, or persons with developmental disabilities~~)) in the family abode of the person or persons under whose direct care and supervision the child((,)) or expectant mother((~~, or person with a developmental disability~~)) is placed;

(f) "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.

(4) "Agency" shall not include the following:

(a) Persons related by blood or marriage to the child((,)) or expectant mother((~~, or persons with developmental disabilities~~)) in the following degrees: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, and/or first cousin;

(b) Persons who are legal guardians of the child((,)) or 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 the person does not engage in such activity on a regular basis, or where parents on a mutually cooperative basis exchange care of one another's children, or persons who have the care of an exchange student in their own home;

(d) 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;

(e) 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;

(f) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(g) 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;

(h) Licensed physicians or lawyers;

(i) 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;

(j) Facilities approved and certified under chapter 71A.22 RCW;

(k) 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;

(l) 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 preplacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(m) 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;

(n) 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.

(5) "Requirement" means any rule, regulation or standard of care to be maintained by an agency.

Sec. 17. Section 3, chapter 189, Laws of 1988 and RCW 74.15.030 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children((,)) or expectant mothers ((~~or developmentally disabled persons~~)). In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children((,)) and expectant mothers((~~, and developmentally disabled persons~~)). Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children((,)) or expectant mothers ((~~or developmentally disabled persons~~));

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children((,)) and expectant mothers, ((~~and developmentally disabled persons~~)) prior to authorizing that person to care for children((,)) and expectant mothers((~~, and developmentally disabled persons~~)). However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

(4) On reports of child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including day care centers and family day care homes, to determine whether the abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the children's services advisory committee; and

(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children((,)) and expectant mothers ((~~and developmentally disabled persons~~)).

Sec. 18. Section 4, chapter 172, Laws of 1967 as last amended by section 7, chapter 118, Laws of 1982 and RCW 74.15.040 are each amended to read as follows:

An agency seeking to accept and serve children((~~, developmentally disabled persons,~~)) or expectant mothers as a foster-family home shall make application for license in such form and substance as required by the department. The department shall maintain a list of applicants through which placement may be undertaken. However, agencies and the department shall not place a child((~~, developmentally disabled person,~~)) or expectant mother in a home until the home is licensed. Foster-family homes shall be inspected prior to licensure, except that inspection by the department is not required if the foster-family home is under the supervision of a licensed agency upon certification to the department by the licensed agency that such homes meet the requirements for foster homes as adopted pursuant to chapter 74.15 RCW and RCW 74.13.031.

Sec. 19. Section 9, chapter 172, Laws of 1967 as last amended by section 14, chapter 170, Laws of 1987 and RCW 74.15.090 are each amended to read as follows:

Except as provided in RCW 74.15.190, it shall hereafter be unlawful for any agency to receive children((,)) or expectant mothers ((~~or developmentally disabled persons~~)) for supervision or care, or arrange for the placement of such persons, unless such agency is licensed as provided in chapter 74.15 RCW.

NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.