WSR 98-20-042
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed September 30, 1998, 1:26 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-08-084.
Title of Rule: WAC 388-73-012 Definition, 388-73-101 Baby walkers, and 388-73-104 Firearms.
Purpose: Reduce injury to children in foster home settings by prohibiting use of wheeled baby walkers and improve security with the clarification on the storage of firearms in foster homes.
Statutory Authority for Adoption: RCW 74.15.030, 74.08.090.
Statute Being Implemented: RCW 74.15.030.
Summary: Increase security and safety of children in foster home settings.
Reasons Supporting Proposal: Previously small children were injured while using wheeled walkers. Strengthening the regulations pertaining to the storage of firearms will reduce access to firearms by children in foster homes.
Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, e-mail loje300, (360) 902-7992; and Enforcement: Division of Licensed Resources.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The new rule, WAC 388-73-101, prohibits the use of wheeled baby walkers in foster family homes. The adoption of this rule would eliminate child injury due to a child tipping over or falling down stairways.
With the expansion of WAC 388-73-102 the definition of a firearm is more definitive in order to assist licensees with what firearms need to be securely stored.
Amendments to WAC 388-73-104 would provide greater security in the storage of firearms in foster family homes. This section clarifies that the gun cabinets with glass fronts will require a cable or chain further securing guns and weapons from access.
Proposal Changes the Following Existing Rules: WAC 388-73-012 Definitions, the term "firearm" is defined; and WAC 388-73-104 Firearms, amends conditions for storage of firearms in family foster homes.
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. They affect licensed foster families only.
RCW 34.05.328 does not apply to this rule adoption. Proposed rule changes for WAC 388-73-102 Definitions, 388-73-104 Firearms, and 388-73-101 Baby walkers, are "significant legislative rules" as defined in RCW 34.05.328 and therefore require a cost benefit analysis (CBA). A copy of the CBA may be requested by contacting Jean L. Croisant at Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992, or loje@dshs.wa.gov.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 10, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by October 30, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.
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 November 10, 1998.
Date of Intended Adoption: December 11, 1998.
September 25, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
SHS-2477.3
AMENDATORY SECTION (Amending Order 3969, filed 4/24/96, effective 5/25/96)
WAC 388-73-012 Definitions. (1) Terms defined under chapter 74.15 RCW shall have the same meanings when used in this chapter except as otherwise provided herein.
(2) "At-risk youth" means a juvenile:
(a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;
(b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or
(c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.
(3) "Capacity" means the maximum number of persons under care at a given moment in time.
(4) "Child," "youth," and "juvenile" means any unemancipated individual under the chronological age of eighteen years of age.
(5) "Child in need of services" means a juvenile:
(a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;
(b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and
(i) Has exhibited a serious substance abuse problem; or
(ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or
(c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;
(ii) Who lacks access, or has declined, to utilize these services; and
(iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.
(6) "Developmentally disabled person" means an individual suffering from a mental and/or physical deficiency rendering the individual incapable of assuming responsibilities expected of the socially adequate person, including self-direction, self-support, and social participation.
(7) "Firearm" means weapon or device from which a projectile or projectiles may be fired. Firearms include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, antique guns, and bows and arrows.
(8) "Full-time care provider" or "full-time care facility" means a foster family home for children or expectant mothers, group care facility, maternity home, crisis residential center, and juvenile detention facility.
(((8))) (9) "Infant" means a child under one year of age.
(((9))) (10) "Multidisciplinary team" means a group formed
to provide assistance and support to a child who is an at-risk
youth or a child in need of services and his or her parent.
(((10))) (11) "Out-of-home placement" means a placement in a
foster family home or group care facility licensed pursuant to
chapter 74.15 RCW or placement in a home, other than that of the
child's parent, guardian, or legal custodian, not required to be
licensed pursuant to chapter 74.15 RCW.
(((11))) (12) "Premises" means the buildings wherein the
facility is located and the adjoining grounds over which the
operator of the facility has direct control.
(((12))) (13) "School-age child" means a child five years of
age through twelve years of age enrolled in a kindergarten or
elementary school.
(((13))) (14) "Secure detention facility" and "juvenile
detention facility" means a facility, primarily for the care of
juvenile offenders, operated so as to ensure all entrances and
exits from the facility are locked, barred, or otherwise
controlled so as to prevent escapes.
(((14))) (15) "Secure facility" means a crisis residential
center, or portion thereof, that has locking doors, locking
windows, or a secured perimeter, designed and operated to prevent
a child from leaving without permission of the facility staff.
(((15))) (16) "Semisecure facility" means any facility,
including but not limited to crisis residential centers or
specialized foster homes, operated in a manner to reasonably
assure youth placed there will not run away: Provided, That such
facility shall not be a secure institution or facility as defined
by the federal Juvenile Justice and Prevention Act of 1974 and
regulations and clarifying instructions promulgated thereunder.
A child shall not be locked in the facility or any part thereof,
nor be otherwise controlled by the use of physical restraints
except as provided in WAC 388-73-048.
(((16))) (17) "Severely and multiply-handicapped child" is a
child diagnosed as primarily dependent for most activities of
daily living, except for persons requiring the services of
skilled health care providers.
(((17))) (18) "Temporary out-of-home placement" means an
out-of-home placement of not more than fourteen days ordered by
the court at a fact-finding hearing on a child in need of
services petition.
[Statutory Authority: Chapter 74.15 RCW and RCW 74.13.032. 96-10-032 (Order 3969), § 388-73-012, filed 4/24/96, effective 5/25/96. Statutory Authority: RCW 74.15.030. 92-08-056, § 388-73-012, filed 3/26/92, effective 4/26/92; 86-24-059 (Order 2445), § 388-73-012, filed 12/2/86; 84-06-030 (Order 2081), § 388-73-012, filed 2/29/84. Statutory Authority: RCW 74.08.090 and 1979 c 155. 79-10-026 (Order 1431), § 388-73-012, filed 9/10/79. Statutory Authority: RCW 74.15.030. 78-10-006 (Order 1336), § 388-73-012, filed 9/8/78.]
NEW SECTION
WAC 388-73-101 Wheeled baby walkers. The use of wheeled baby walkers in foster family homes is prohibited.
[]
AMENDATORY SECTION (Amending WSR 92-08-056, filed 3/26/92, effective 4/26/92)
WAC 388-73-104 Firearms. (1) ((Except for foster family
homes,)) The licensee ((shall)) must not permit firearms,
ammunition, and other weapons on the premises of child care
agencies, except as allowed in family homes.
(2) In ((foster)) family homes, firearms ((shall)),
ammunition, and other weapons must be kept in secure, locked
storage, at all times when not in use((,)). They must be
accessible only to authorized persons. Secure locked storage
means a locked storage container, gun cabinet, gun safe, or other
storage area made of strong, unbreakable material. If the
cabinet has a glass or other breakable front, then the guns need
to be secured with a cable or chain placed through the trigger
guards securing the guns in the storage unit.
(3) The licensee ((shall)) must only allow firearm use under
competent adult supervision and only if the youth has completed a
gun safety or hunter safety course.
[Statutory Authority: RCW 74.15.030. 92-08-056, § 388-73-104, filed 3/26/92, effective 4/26/92; 78-10-006 (Order 1336), § 388-73-104, filed 9/8/78.]