Preproposal statement of inquiry was filed as WSR 98-10-125.

Title of Rule: Chapter 275-37 WAC, Division of juvenile rehabilitation--Rules, practices, procedures, WAC 275-37-010 Definitions, 275-37-030 Background checks, and chapter 275-46 WAC, Security classification and adding new sections.

Purpose: These proposed rules are the result of legislation designed to improve public safety and enhance the safety of juvenile offenders.

Other Identifying Information: The majority of the proposed rules are based on E2SSB 6445, relating to the placement of children under the jurisdiction of the Department of Social and Health Services, which was enacted by the governor and legislature in 1998.

Statutory Authority for Adoption: Chapter 269, Laws of 1998 and RCW 13.40.460.

Statute Being Implemented: Chapter 269, Laws of 1998 and RCW 13.40.460.

Summary: These proposed rules are designed to improve public safety by strengthening the safeguards in assessment, placement, oversight, and monitoring of juvenile offenders placed in community facilities. In addition, the safety of juvenile offenders will be enhanced by considering sexual vulnerability and sexual aggression in placement decisions and expanding background check requirements for employees, volunteers, and contracted services providers.

Reasons Supporting Proposal: The primary purpose for adopting these proposed rules is to meet statutory rule-making requirements specifically identified in sections 6, 7, 13, 15, and 16, chapter 269, Laws of 1998 (E2SSB 6445) and RCW 13.40.460.

Name of Agency Personnel Responsible for Drafting: Cheryl Colglazier, P.O. Box 45720, Olympia, WA 98504, colglcl@dshs.wa.gov, (360) 902-8081; Implementation: Nancy German, 500 Fairview Avenue North, Seattle, WA 98109, germanl@dshs.wa.gov, (206) 464-6711; and Enforcement: Robin Cummings, P.O. Box 45720, Olympia, WA 98504, cummirj@dshs.wa.gov, (360) 902-8080.

Name of Proponent: Department of Social and Health Services, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Funding for implementation of E2SSB 6445 was included in the 1998 supplemental budget.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules authorize the Juvenile Rehabilitation Administration (JRA) to take action in relation to: (1) Assessing juvenile offenders for risk of sexually aggressive behavior and vulnerability to sexual aggression; (2) disciplinary standards for juveniles in community facilities and service provider reporting requirements; (3) contracted service provider penalties for failure to meet reporting requirements; (4) school record information sharing; (5) common use of licensed facilities by JRA and Children's Administration clients; and (6) background checks of employees, volunteers, and contractors. These requirements are the result of legislation designed to improve public safety by strengthening the safeguards in assessment, placement, oversight, and monitoring of juvenile offenders placed in community facilities. In addition, the safety of juvenile offenders will be enhanced by considering sexual vulnerability and sexual aggression in placement decisions and expanding background check requirements for employees, volunteers, and contracted services providers.

Proposal Changes the Following Existing Rules: Chapter 275-37 WAC, updates chapter title, WAC 275-37-010, adds new definitions and updates current definitions, chapter 275-46 WAC, changes chapter title to reflect the broader scope of the chapter, WAC 275-46-010, adds new definitions, WAC 275-46-020, amends terms to be consistent with new definitions and provides timeline flexibility for security classification reviews based on potential changes in assessment criteria and tools, WAC 275-46-030 through 275-46-060, amends terms to be consistent with new definitions and updates WAC to reflect current JRA practices, and WAC 275-46-070, amends the list of serious violations; identifying other violations for juveniles in community facilities, provides a basis for service provider reporting requirements, specifies sanctions for juveniles in community facilities, including requirements for return to an institution, and amends terms to reflect new definitions.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules do not have an economic impact on small businesses as defined and required in chapter 19.85 RCW.

RCW 34.05.328 applies to this rule adoption. Proposed WAC 275-46-090 Service provider penalty schedule, is a "significant legislative rule," therefore requiring a cost benefit analysis (CBA). A copy of the draft CBA may be requested by contacting Cheryl Colglazier, Juvenile Rehabilitation Administration, P.O. Box 45720, Olympia, WA 98504-5720, (360) 902-8081, or (colglcl@dshs.wa.gov).

The remaining proposed rules are not "significant legislative rules" and do not require a CBA. They are considered "procedural" and "interpretive" rules.

Hearing Location: Olympia/Lacey: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on August 4, 1998, at 10:00 a.m. Contact Paige Wall at 902-7540 for assistance by July 24, 1998.

Seattle: 400 Mercer Building, 6th Floor, Olympus Conference Room, 400 Mercer, Seattle, WA 98109, on August 5, 1998, at 10:00 a.m. to 12:00 noon. Contact Lois Nicholas or Stephanie Noone for assistance, (206) 464-7700.

Yakima: Juvenile Rehabilitation Administration Regional Office, 215 North Third Avenue, Yakima, WA 98902, on August 5, 1998, at 2:00 p.m. to 4:00 p.m. Contact Virginia Swanson or Don Jones for assistance, (509) 575-2624.

Spokane: East Central Community Center, Conference Room, South 500 Stone, Spokane, WA 99205, on August 5, 1998, at 3:00 p.m. to 5:00 p.m. Contact Steve Ayres or Ester Palma for assistance, (509) 456-3250.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by August 5, 1998.

Date of Intended Adoption: August 11, 1998.

June 29, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Chapter 275-37 WAC

((DIVISION OF)) JUVENILE REHABILITATION ADMINISTRATION--RULES, PRACTICES, AND PROCEDURES

AMENDATORY SECTION (Amending Order 2221, filed 4/4/85)

WAC 275-37-010  Definitions. As used in this chapter: (1) "Assistant secretary" means the assistant secretary of the juvenile rehabilitation administration.

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

(((2) "Director" means the director of the division of juvenile rehabilitation or his or her designee.))

(3) (("Division" means the division of juvenile rehabilitation)) "JRA" means the juvenile rehabilitation administration, department of social and health services.

(4) "Limited access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties. For the purpose of this definition, juvenile means a juvenile offender under the jurisdiction of JRA or a youthful offender under the jurisdiction of the department of corrections who is placed in a JRA facility.

(5) "((Regional)) Program administrator" means ((the)) institution superintendent, regional administrator ((of one of the division's six administrative regions)), or their designees.

(((5))) (6) "Regular access" means unsupervised access to a juvenile(s), for more than a nominal amount of time, that is the result of the person's regularly scheduled activities or work duties. For the purpose of this definition, juvenile means a juvenile offender under the jurisdiction of JRA or a youthful offender under the jurisdiction of the department of corrections who is placed in a JRA facility.

(7) "Secretary" means the secretary of the department of social and health services.

(((6) "Superintendent" means the superintendent of one of the division's three institutions or two forest camps.))

[Statutory Authority: RCW 13.06.030, 13.40.210 and 72.72.040. 85-09-003 (Order 2221), § 275-37-010, filed 4/4/85.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

NEW SECTION

WAC 275-37-030  Background checks. (1) JRA must conduct background checks on prospective employees, volunteers, and individual contracted service providers who will have regular access or limited access to juveniles as a part of their regularly scheduled activities or duties.

(a) Background check procedures must be established in order to investigate and determine suitability of a person in a position who will have regular access or limited access to juveniles under the jurisdiction of JRA.

(b) Employees, volunteers, or individual contracted service providers who are authorized for regular access do not require the presence of another person cleared through the designated background check process during the performance of their duties.

(c) The presence of another person cleared through the designated background check process is required for people authorized to have limited access to juveniles.

(2) Effective September 1, 1998, potential employees, volunteers, and individual contracted service providers must not be hired, engaged, or authorized in a position which allows regular access if the individual has been convicted of:

(a) Any sex offense as defined in RCW 9.94A.030 and RCW 9A.44.130; or

(b) Any violent offense as defined in RCW 9.94.030.

(3) Effective September 1, 1998 employees, volunteers, and individual contracted service providers who are authorized for regular access to a juvenile(s) must report any conviction of a crime identified in subsection (2). The report must be made to the person's supervisor within seven days of conviction. Failure to report within seven days constitutes misconduct under Title 50 RCW.

Employees, volunteers, and individual contracted service providers who have been convicted of offenses in subsection (2) must not have regular access to a juvenile(s).

(4) The service provider or designee of an agency contracting with JRA for the provision of a community facility must ensure background check investigations are conducted in accordance with department licensing requirements. In addition, the service provider or designee must ensure the requirements outlined in this section are met.

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Chapter 275-46 WAC

((SECURITY CLASSIFICATION)) PLACEMENT OF JUVENILE OFFENDERS COMMITTED TO THE JUVENILE REHABILITATION ADMINISTRATION (JRA)

AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-010  Definitions. As used in this chapter:

(1) "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.

(2) "Community placement eligibility requirements" means requirements developed by JRA that must be met by a youth to demonstrate progress in treatment and low public safety risk, ((justifying)) which justify an institutional minimum or minimum security classification for the youth.

(((2))) (3) "Initial security classification assessment" means a written instrument, developed by JRA and administered by diagnostic staff, to determine to what extent a youth is a threat to public safety for the purpose of determining the youth's security classification when the youth initially is committed to JRA.

(((3))) (4) "JRA" means juvenile rehabilitation administration, department of social and health services.

(((4))) (5) "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.

(6) "Program administrator" means institution superintendent, regional administrator, or their designees.

(7) "Separate living unit" means sleeping quarters and program space located in a building, wing, or on a different floor which separates resident groups.

(8) "Service provider" means the entity that operates a community facility.

(9) "Specialized treatment program" means a program that addresses additional rehabilitation needs such as sex offender treatment, drug/alcohol treatment, mental health interventions, gang intervention, gender/age specific intervention and other programs meeting specific rehabilitation needs of juveniles.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-010, filed 8/29/96, effective 9/29/96.]

NEW SECTION

WAC 275-46-015  Assessment. (1) Risk assessment and treatment needs must be the basis of placement decisions involving juveniles.

(2) JRA must ensure juveniles are assessed to determine appropriate placement and treatment programming. Ongoing risk and needs assessment must occur during a juvenile's commitment to JRA.

(3) Risk assessment must include:

(a) Risk to public safety;

(b) Risk for sexually aggressive behavior; and

(c) Risk for vulnerability to sexual aggression.

(4) JRA must use a security classification system to assist in placement decisions.

(5) Student records and information as described in chapter 269, Laws of 1998, section 13 are required for juvenile offender risk assessment, security classification assignment, and JRA community placement decisions. Designated school officials must ensure student records are provided to the identified juvenile court or JRA representative as required in RCW 28A.600.475 and chapter 269, Laws of 1998, section 12.

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AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-020  Security classifications. (1) There are four JRA security classifications:

(a) Maximum;

(b) Medium;

(c) Institutional minimum; and

(d) Minimum.

(2) ((Prior to placement, s youth's)) A juvenile's initial security classification ((shall be)) is determined ((utilizing)) using the initial security classification assessment. A ((youth's)) juvenile's security classification may be changed at any time, and ((shall)) be reviewed at ((least every ninety days)) regular intervals as determined by JRA policy.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-020, filed 8/29/96, effective 9/29/96.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-030  Maximum security. (1) A maximum security classification may be assigned to a ((youth)) juvenile if:

(a) Indicated by the initial security classification assessment; or

(b) Following the initial security classification, it is determined the ((youth)) juvenile:

(i) Does not meet the community placement eligibility requirements for minimum security; and

(ii) Requires maximum security restrictions to ((carry out the purpose of this chapter as set forth in WAC 275-46-005)) protect public safety, encourage the juvenile to participate in treatment and follow facility rules, or enhance the safe and orderly operation of the facility.

(2) A ((youth)) juvenile classified as maximum security ((shall)) must:

(a) Reside in an institution with the capability of:

(i) Security windows;

(ii) Locked exterior doors;

(iii) Lockable single-person rooms; and

(iv) A security fence.

(b) Be permitted movement between secured buildings only if accompanied by a close staff escort;

(c) Be confined to facility grounds, except for court appearances or emergencies, in which case a staff escort, and transportation in restraints and in a security vehicle, are required; and

(d) Be allowed authorized leave only for emergency and medical purposes pursuant to RCW 13.40.205.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-030, filed 8/29/96, effective 9/29/96.]

AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-040  Medium security. (1) A medium security classification ((shall)) must be assigned to a ((youth)) juvenile if:

(a) Indicated by the initial security classification assessment; or

(b) Following the initial security classification, it is determined that the ((youth)) juvenile:

(i) Does not meet the community placement eligibility requirements for minimum security; and

(ii) Requires medium security restrictions to ((carry out the purpose of this chapter as set forth in WAC 275-46-005)) protect public safety, encourage the juvenile to participate in treatment and follow facility rules, or enhance the safe and orderly operation of the facility.

(2) A ((youth)) juvenile classified as medium security ((shall)) must:

(a) Reside in an institution with the capability of at least:

(i) ((Locked)) Lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows without egress.

(b) Receive during movement a staff escort, continuous visual surveillance, or telephone/radio staff verification of departures and arrivals, unless the program administrator determines such measures are unnecessary;

(c) Be confined to facility grounds, except for:

(i) Participation in work crews or other programs outside the facility that require a close staff escort; and

(ii) Court appearances or emergencies, in which case a staff escort, and transportation in a security vehicle and/or in restraints, are required.

(d) Be allowed authorized leave only for emergency or medical purposes pursuant to RCW 13.40.205.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-040, filed 8/29/96, effective 9/29/96.]

AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-050  Institutional minimum. (1) An institutional minimum classification ((shall)) must be assigned to a ((youth)) juvenile if:

(a) Indicated by the initial security classification assessment;

(b) Indicated by the community placement eligibility requirements unless a recent incident indicates the ((youth)) juvenile no longer meets these requirements; or

(c) The assistant secretary for JRA or designee approves an override of the medium security classification.

(2) Even if eligible under subsection (1) of this section, a ((youth shall)) juvenile must not receive an institutional minimum security classification if:

(a) The assistant secretary for JRA, or designee, signs an administrative override disapproving institutional minimum classification and assigning the ((youth)) juvenile a higher security classification; or

(b) The ((youth)) juvenile is a sex offender who meets the requirements for civil commitment referral ((pursuant to)) under chapter 71.09 RCW or is classified as a risk level III under RCW 13.40.217.

(3) A ((youth)) juvenile classified as institutional minimum security:

(a) ((Shall)) Must reside in an institution with the capability of at least:

(i) ((Locked)) lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows without egress.

(b) May be permitted:

(i) Unescorted movement on facility grounds;

(ii) Participation in work crews or other programs outside the facility with a close staff escort;

(iii) Unescorted participation in community work, educational and community service programs, and family treatment or other activities to strengthen family ties, for up to twelve hours per day; and

(iv) Authorized leave pursuant to RCW 13.40.205.

(4) A ((youth)) juvenile on institutional minimum security ((shall)) must be transferred to minimum security upon the availability of an appropriate community placement if:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-050, filed 8/29/96, effective 9/29/96.]

AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-060  Minimum security. (1) The provisions of WAC 275-46-050 also apply to a ((youth)) juvenile classified as minimum security, except the ((youth shall:

(1))) juvenile must reside in a community ((placement)) facility or a community commitment program facility (CCP) rather than in an institution((; and)).

(2) In addition to the provisions of WAC 275-46-050 (3)(b)(iii), minimum security juveniles may be permitted unescorted participation in treatment programs in the community that do not ((involving)) involve the family for up to twelve hours per day.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-060, filed 8/29/96, effective 9/29/96.]

NEW SECTION

WAC 275-46-065  Special placement restrictions. Certain placement restrictions apply to residential facilities that are commonly used by and under the jurisdiction of both JRA and the children's administration.

(1) When juveniles under the jurisdiction of JRA are assessed as a high to moderate risk for sexually aggressive behavior, they may not be placed in a facility with youths under the jurisdiction of children's administration unless:

(a) They are placed in a separate living unit solely for juveniles currently under the jurisdiction of JRA; or

(b) They are placed in a program that contracts specifically for the provision of services to sexually aggressive youth.

(2) Juveniles under commitment to JRA for a class A felony may be placed in these facilities only when:

(a) They are housed in a separate living unit solely for juveniles currently under the jurisdiction of JRA;

(b) They are placed in a community facility that is a specialized treatment program and the juvenile is not assessed as sexually aggressive under RCW 13.40.470; or

(c) They are placed in a community facility that is a specialized treatment program housing one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.

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AMENDATORY SECTION (Amending WSR 96-18-041, filed 8/29/96, effective 9/29/96)

WAC 275-46-070  Residential disciplinary ((sanctions)) standards. (1) ((The program administrator shall determine)) Serious violations by a ((youth)) juvenile include:

(a) Escape or attempted escape;

(b) ((Staff assault or attempted staff assault)) Violence toward others with intent to harm and/or resulting in significant bodily injury;

(c) ((Peer assault or attempt peer assault)) Involvement in or conviction of a criminal offense under investigation by law enforcement or awaiting adjudication for behavior that occurred during current placement;

(d) Extortion((,)) or blackmail((, or demanding or receiving money or anything of value from other persons in return for protection or under threat of injury)) that threatens the safety or security of the facility or community;

(e) ((Using physical force, intimidation, or coercion against any person;

(f))) Setting or causing an unauthorized fire with intent to harm self, others, or property, or with reckless disregard for the safety of others;

(((g))) (f) Possession((/)) or manufacture of weapons((/)) or explosives((/escape tools;

(h) Tampering with locks or other security hardware or equipment;

(i))), or tools intended to assist in escape;

(g) Interfering with staff in performing duties relating to the security and/or safety of the facility or community;

(((j))) (h) Intentional property damage in excess of one thousand five hundred dollars;

(((k))) (i) Possession((/)), use((/)), or distribution of drugs or alcohol ((or paraphernalia)), including inhalants;

(((l))) (j) Rioting or inciting others to riot;

(((m))) (k) Refusal of urinalysis or search; or

(((n))) (l) Other behaviors or circumstances which threaten the safety ((and)) or security of the facility ((or)), its staff ((and)), or residents or the community.

(2) ((The program administrator shall document all serious violations in an incident report, including:

(a) Circumstances leading up to the violation;

(b) A description of the violation;

(c) Response by staff;

(d) Response by the youth; and

(e) Sanctions imposed or recommended for the violation.

(3) The program administrator shall determine sanctions)) Other violations by a juvenile placed in a community facility include:

(a) Unaccounted for time when a juvenile is away from the community facility;

(b) Violation of conditions of authorized leave;

(c) Intimidation or coercion against any person;

(d) Misuse of medication such as hoarding medication or taking another person's medication;

(e) Self-mutilation, self tattooing, body piercing, or assisting others to do the same;

(f) Intentional destruction of property valued at less than fifteen hundred dollars;

(g) Fighting;

(h) Unauthorized withdrawal of funds with intent to commit other violations;

(i) Suspensions or expulsions from school or work;

(j) Violations of school, employment or volunteer work agreements related to custody and security concerns;

(k) Escape talk;

(l) Sexual contact or any other behavior, not defined as a serious violation, resulting in a referral to the department of licensing, child protective services, or law enforcement; or

(m) Lewd or disruptive behavior in the community.

(3) Juveniles must be held accountable when there is reasonable cause to believe they have committed a violation.

(a) Whenever a juvenile placed in a community facility commits a serious violation, the juvenile must be returned to an institution. The JRA program administrator who receives a service provider report of a serious violation must make arrangements to transfer the juvenile to an institution as soon as possible. Juveniles may be placed in a secure JRA or contracted facility pending transportation to an institution.

(b) Sanctions for serious violations committed by juveniles in an institution, and additional sanctions for serious violations committed by juveniles returned to an institution, must include one or more of the following:

(((a))) (i) Loss of privileges for up to thirty days;

(((b))) (ii) Loss of program level; or

(((c))) (iii) Room confinement up to seventy-two hours.

(((4) The program administrator shall determine)) (c) Sanctions for serious violations may also include, but are not limited to, one or more of the following:

(((a))) (i) Change in release date;

(((b))) (ii) Referral for prosecution;

(((c))) (iii) Transfer to an intensive management unit;

(((d))) (iv) Increase in security classification;

(((e))) (v) Reprimand and loss of points;

(((f))) (vi) Restitution; or

(((g))) (vii) Community service.

(((5))) (d) Sanctions for violations listed in WAC 275-46-070(2) may include transf3er to a higher security facility and must include one or more of the following:

(i) Loss or privileges;

(ii) Loss of program level;

(iii) Room confinement up to seventy-two hours;

(iv) Change in release date;

(v) Reprimand and/or loss of points;

(vi) Additional restitution; or

(vii) Community service.

(4) When a sanction is imposed, the ((youth shall)) juvenile must also receive a counseling intervention to address the violation.

(((6))) (5) If the proposed sanctions for ((a serious)) any violation includes extending the ((youth's)) juvenile's established release date, the ((youth shall)) juvenile must be entitled to:

(a) Notice of an administrative review to consider extension of the release date and a written statement of the incident;

(b) An opportunity to be heard before a neutral review chairperson;

(c) Present oral or written statements, and call witnesses unless testimony of a witness would be irrelevant, repetitive, unnecessary, or would disrupt the orderly administration of the ((institution)) facility;

(d) Imposition of the sanction only if the administrative review chairperson finds by a preponderance of the evidence that the serious violation did occur; and

(e) A written decision, stating the reasons for the decision, by the administrative review chairperson.

(((7) The program administrator shall conspicuously post notice of what constitutes a serious violation, and of the)) (6) Each superintendent and service provider must clearly post the list of serious violations and possible sanctions in all living units.

(((8))) (7) Each program administrator ((shall)) must adopt procedures for implementing the requirements of this section.

[Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-070, filed 8/29/96, effective 9/29/96.]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 275-46-080  Documenting and reporting violations committed by juveniles in residential facilities. (1) All serious violations and violations listed in WAC 275-46-070(2) must be documented in an incident report. The incident report must include:

(a) Circumstances leading up to the violation(s);

(b) A description of the violation;

(c) Response by staff;

(d) Response by the juvenile(s) involved in the incident; and

(e) Sanctions imposed or recommended for the violation(s).

(2) Service providers must:

(a) Forward all incident reports to the JRA program administrator no later than twenty-four hours after the behavior is discovered; and

(b) Verbally report serious violations to the JRA program administrator immediately.

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NEW SECTION

WAC 275-46-090  Service provider penalty schedule. (1) Whenever a service provider contracts with the JRA to operate a community facility, the contracted service provider must report any known violation as required in WAC 275-46-080.

(2) If the contracted service provider fails to report violations within the prescribed time frames, the JRA must impose one or more of the following remedies:

(a) Imposition of a corrective action plan to be completed as determined by the program administrator.

(b) Imposition of the following monetary penalties:

(i) The first time fines are imposed on a service provider, the penalty must be at the rate of fifty dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

(ii) Subsequent fines imposed on the service provider during the same calendar year must be at the rate of seventy-five dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

(c) Order to stop placement until a corrective action plan is submitted, approved by the program administrator, and implemented.

(d) Termination of the contract for convenience if it is determined such termination is in the best interests of the department.

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NEW SECTION

WAC 275-46-100  Adjudicative proceedings. (1) Contracted service providers have the right to an adjudicative proceeding to contest fines and stop placement orders imposed under WAC 275-46-090. Adjudicative proceedings under this section are governed by the rules of this chapter and by chapter 34.05 RCW (Administrative Procedure Act), RCW 43.20A.215, section 7, chapter 269, Laws of 1998, and by chapter 388-08 WAC. If any provision of this chapter conflicts with chapter 388-08 WAC, the provisions of this chapter shall govern.

(2) Applications for adjudicative proceedings shall be in writing and filed with the DSHS board of appeals within twenty-eight days of receipt of the notice of civil penalty or of the stop placement order.

(3) Stop placement orders imposed under WAC 275-46-090 which are contested under this section shall remain in effect pending the final agency decision.

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