WSR 00-17-158

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed August 22, 2000, 3:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-084.

Title of Rule: Chapter 388-160 WAC, Overnight youth shelters.

Purpose: Clarify the language of the licensing requirements for overnight youth shelters. The rules also meet the intent of the Governor's Executive Order 97-02.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: Chapter 74.15 RCW.

Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of the FBI fingerprinting places state statute and agency policy into WAC. The addition of the qualifications for the lead counselor section consolidates those requirements in one section rather [than] sprinkled throughout the chapter.

Reasons Supporting Proposal: Overall clarity, efficiency and effectiveness of the overnight youth shelter regulations will be achieved.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992; and Enforcement: Division of Licensed Resources.

Name of Proponent: Department of Social and Health Services, Children's Administration, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-160-0125, this rule adds qualifications of a lead counselor. This rule more clearly defines the lead counselor responsibilities and places this requirement in one section rather [than] in several as they are currently.

WAC 388-160-0175, this rule adds FBI criminal history check for those individuals who have lived in the state less than three consecutive years prior to application.

The anticipated effect will be the overall clarification of the requirements of overnight youth shelters. The more clearly written question and answer format will be consistent with the changes being made in the licensing requirements for other group facilities for children and youth. It is anticipated there will be greater compliance with the rules and fewer corrective action plans needed as a result of the changes.

Proposal Changes the Following Existing Rules: The FBI criminal history check has been state statute and agency policy since 1995 and is now being codified. This will provide clarity and ease in locating rules that apply to providers regulated by this chapter.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. Overnight youth shelters are nonprofit organizations/agencies. No small business economic impact statement is required.

RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-160 WAC, Overnight youth shelters, 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 loje300@dshs.wa.gov.

Hearing Location: The hearing will be conducted using Washington Interactive Technologies' videoconferencing service. There will be four sites available for simultaneous hearing: SPOKANE, 1101 North Argonne, Suite 109, Spokane, WA 99201, (509) 921-2371; RENTON, 1107 S.W. Grady Way, Suite 112, Renton, WA 98055, (425) 277-7290; TRICITIES, 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336, (509) 734-7180; and LACEY, DIS Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98504, (360) 407-9487; on October 26, 2000, at 1:30. Please contact Kelly Cooper, DSHS Rules Coordinator, at (360) 664-6094 for directions.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by October 19, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopekd@dshs.wa.gov].

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 26, 2000.

Date of Intended Adoption: No sooner than October 27, 2000.

August 18, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2762.5
Chapter 388-160 WAC

((MINIMUM LICENSING REQUIREMENTS FOR)) OVERNIGHT YOUTH SHELTERS

PURPOSE AND DEFINITIONS
NEW SECTION
WAC 388-160-0005
Authority.

The following minimum licensing requirements for overnight youth shelter rules are adopted under chapter 74.15 RCW.

[]


NEW SECTION
WAC 388-160-0015
What is the purpose of overnight youth shelters?

(1) The purpose of overnight youth shelters is to provide youth with an emergency sleeping arrangement.

(2) The overnight youth shelter may be licensed to provide care for one of the following categories of youth:

(a) Children from thirteen through seventeen years of age; or

(b) Youths sixteen through twenty years of age.

[]


NEW SECTION
WAC 388-160-0025
What definitions apply to this chapter?

The following definitions are helpful in understanding these rules:

"Capacity" means the maximum number of children a facility is licensed to care for at a given time.

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

"DLR" means the division of licensed resources.

"I" or "you" refers to anyone who operates an overnight youth shelter.

"Overnight youth shelter" or "OYS" means a licensed facility operated by a nonprofit agency that provides overnight shelter to homeless or runaway youth. Overnight youth shelters do not provide residential care during daytime hours.

"We" refers to the department, including DLR licensors.

"Youth" means an individual who is under twenty-one years old.

[]

GENERAL PROGRAM AND SERVICES
NEW SECTION
WAC 388-160-0035
Does the department put limitations or conditions on a person who is licensed?

Even if we approve you for an overnight license youth shelter, we may put limitations or conditions on the license to ensure youth's safety and health.

[]


NEW SECTION
WAC 388-160-0045
Does the department make exceptions to the licensing requirements?

(1) We may make exceptions to licensing requirements for good cause if you ensure the safety and wellbeing of the persons receiving care.

(2) You or department staff must request in writing an exception to licensing requirements before DLR makes an exception to licensing rules.

(3) Exceptions are approved at the discretion of the department.

(4) If we approve your request for an exception to our requirements, we issue a written waiver that is limited to:

(a) A specific purpose or child; and

(b) A specified period of time which does not exceed the expiration date of your license.

(5) You must keep a copy of the approved waiver for your files.

(6) Along with a waiver, we may limit or restrict a license issued to you.

(7) You do not have the right to appeal a denial of your request for an exception to the requirements.

[]


NEW SECTION
WAC 388-160-0055
What services must be offered at a shelter?

(1) At a minimum, all overnight youth shelters must offer the following services to all clients:

(a) A client identification and intake assessment including:

(i) Emergency contacts (phone numbers);

(ii) Areas of possible problems, such as school status, medical problems, family situation and suicide evaluation;

(iii) History of assaultive or predatory behavior; and

(iv) Drug/alcohol involvement.

(b) Individual crisis intervention;

(c) Assistance in accessing emergency resources, including child protective services (CPS) and emergency medical services; and

(d) Resource information.

(2) An overnight youth shelter must provide (as needed) information about:

(a) Educational or vocational services;

(b) Housing;

(c) Medical care or services;

(d) Substance abuse services;

(e) Mental health services;

(f) Other treatment agencies;

(g) Food programs; and

(h) DSHS services.

(3) If the overnight youth shelter cannot directly provide these services, staff must have information on referrals to programs or organizations that would provide these services to clients.

[]


NEW SECTION
WAC 388-160-0065
What must I include in the assessment when a youth first enters a shelter?

(1) When a youth first enters an overnight youth shelter, you must:

(a) Determine whether the parents are aware of the whereabouts of the youth;

(b) Determine whether an adult contact exists;

(c) Notify the police or children's administration intake of any unaccompanied child twelve years of age or younger who is requesting service.

(2) As part of the initial assessment, you must also assess the youth's:

(a) Recent history;

(b) Outstanding warrants;

(c) Physical and medical needs, including medication;

(d) School status;

(e) Immediate needs for counseling; and

(f) Options for the near future.

[]


NEW SECTION
WAC 388-160-0075
How does the department decide how many youth I may serve in my shelter?

(1) We approve the number of youth that your overnight youth shelter may serve based on our evaluation of the following factors:

(a) Physical accommodations in your overnight youth shelter;

(b) The number of staff and volunteers available for providing care;

(c) The skills of your staff and volunteers; and

(d) The ages and characteristics of the people you are serving.

(2) Based on our evaluation, we may license you for the care of fewer persons than you would normally serve in your category.

[]

STAFF QUALIFICATIONS AND STAFFING RATIOS
NEW SECTION
WAC 388-160-0085
How old do I have to be to apply for a shelter license?

You must be at least twenty-one years old to apply for a license for an overnight youth shelter; except that staff may be nineteen or twenty if involved in an internship program through a college or university program.

[]


NEW SECTION
WAC 388-160-0095
What qualifications do I need to provide care to youth at an overnight youth shelter?

If you are requesting a license or a position as an employee or volunteer at an overnight youth shelter, you must meet the following qualifications:

(1) You, your staff and volunteers must not have a history of founded child abuse or neglect.

(2) You, your staff and volunteers must pass our background check.

(3) We may require additional information from you, your staff or volunteers. We may request this information at any time and it may include, but is not limited to:

(a) Substance and alcohol abuse evaluations;

(b) Psychiatric evaluations;

(c) Psycho-sexual evaluations; and

(d) Medical evaluations.

[]


NEW SECTION
WAC 388-160-0105
Who must be on the premises when youth are present at an overnight youth shelter?

(1) In an open or dormitory type setting, a same gender staff person must be within visual and auditory range of every youth at all times.

(2) At least one fully trained lead counselor must be on the premises at all times when youth are present.

(3) A qualified program supervisor must be on call at all times when the shelter is open or youth are present (see WAC 388-160-0115 for qualifications). The program supervisor may be on staff, on contract or available by written agreement.

(4) Staff must represent both genders to reflect the population of youth in care.

[]


NEW SECTION
WAC 388-160-0115
What qualifications must a program supervisor have in order to work in a shelter?

Every overnight youth shelter must have a program supervisor. The program supervisor must have either a:

(1) Master's degree in social work or a related field and one year of experience with high-risk adolescents; or

(2) Bachelor's degree and three years of experience with high-risk adolescents.

[]


NEW SECTION
WAC 388-160-0125
What qualifications must a lead counselor have in order to work in a shelter?

To work in an overnight youth shelter, lead counselors must meet the following qualifications:

(1) Be at least twenty-one years of age;

(2) Have at least one year of experience working with high risk adolescents;

(3) Have completed HIV/AIDS training;

(4) Have completed first aid and CPR; and

(5) Have completed a tuberculin test (as required under WAC 388-160-0565).

[]


NEW SECTION
WAC 388-160-0135
What minimum qualifications must child care staff and volunteers have in order to work in a shelter?

(1) All child care staff and volunteers who work at an overnight youth shelter must be at least twenty-one years old.

(2) Child care staff and volunteers also must have successfully completed:

(a) A background check;

(b) A tuberculin test (as required under WAC 388-160-0565);

(c) Current first aid and cardio pulmonary resuscitation (CPR) training; and

(d) HIV/AIDS training.

[]


NEW SECTION
WAC 388-160-0145
What is the required ratio of staff to youth in a shelter?

(1) A shelter licensed for youth who are thirteen through seventeen years old must have one staff person to every eight youth.

(2) A shelter licensed for youth who are sixteen through twenty years old must have one staff person to every six youth.

(3) A shelter must maintain the staffing ratio while youth are asleep.

(4) At least one staff person must remain awake while youth are asleep. Other staff persons may be asleep, but must be available in the shelter in case of emergency;

(5) Whenever only one staff person is required to be on duty, a second staff person must be on call.

[]

TRAINING REQUIRED
NEW SECTION
WAC 388-160-0155
What training is required for shelter staff and volunteers?

(1) All overnight youth shelter staff and volunteers must receive training before providing care for youth. The overnight youth shelter must ensure that this training includes, at a minimum, the following subjects:

(a) Job responsibilities;

(b) Facility administration;

(c) Supervision of youth;

(d) Behavior management training in accordance with department behavior management guidelines;

(e) Fire safety procedures;

(f) Handling emergency situations;

(g) Current first aid and cardiopulmonary resuscitation (CPR); and

(h) HIV/AIDS training consistent with the department of health approved curriculum.

(2) An overnight youth shelter must provide on-going training to all staff and volunteers.

(a) The training must cover qualifications for each position, including supervisory skills, adolescent development and problems, and the needs of youth.

(b) The shelter's training must also include, at a minimum, classes addressing:

(i) Sexual abuse;

(ii) Predatory behavior;

(iii) Substance abuse;

(iv) Depression;

(v) Mental health;

(vi) Teen suicide;

(vii) Injurious behavior toward oneself or others; and

(viii) Cultural sensitivity.

(3) New overnight youth shelter staff and volunteers must work shifts with fully trained staff until all required training has been completed by the new person.

[]

APPLICATION PROCESS
NEW SECTION
WAC 388-160-0165
How do I apply or reapply for a license?

(1) To apply or reapply for a license, the person or legal entity responsible for your overnight youth shelter must send the following information to the DLR licensor:

(a) The application form;

Note: If you are applying for a license renewal, you must send the application form to the DLR licensor ninety days prior to the expiration of your current license.

(b) A completed "criminal history and background inquiry" form from each applicant, staff person, board member and volunteer who:

(i) Is at least sixteen years old;

(ii) Is not a foster child or shelter youth; and

(iii) Has unsupervised access to youth.

(c) Written verification of:

(i) A tuberculosis test unless you have religious beliefs prohibiting the test;

(ii) First-Aid and cardiopulmonary resuscitation (CPR) training; and

(iii) HIV-AIDS training.

(2) If any person required to have a background check has lived in Washington state less than three years immediately prior to their application, you must provide us with a completed FBI fingerprint form for that person.

(3) We may require additional information from you including, but not limited to:

(a) Substance and alcohol abuse evaluations;

(b) Psychiatric evaluations;

(c) Psycho-sexual evaluations; and

(d) Medical evaluations.

[]


NEW SECTION
WAC 388-160-0175
May I receive more than one type of group care license for the same location?

(1) If you have an overnight youth shelter license, you may not hold a license for any other type of residential care at that location.

(2) Exception: If you make it clear to us that care for one kind of client does not interfere with the care for another kind of client, we may consider making an exception to our rule.

[]

CORRECTIVE ACTION
NEW SECTION
WAC 388-160-0185
When must the department deny, suspend or revoke a license?

A license must be denied, suspended or revoked if we decide that you are not providing care for youth in a way that ensures their safety, health and wellbeing. We must disqualify you for any of the following reasons:

(1) You are using illegal drugs, or excessively using alcohol or prescription drugs.

(2) You have failed your background check (see chapter 388-146 WAC).

(3) You permit or assist in treating people under your care with cruelty, indifference, abuse, neglect or exploitation.

(4) You, your staff or volunteers have had a license denied, or revoked by an agency that provides care to youth or expectant mothers.

(5) You have refused to allow authorized department staff and inspectors to have requested information or access to your facility, your files and/or your staff, volunteers and clients.

(6) You try to get a license by deceitful means, such as making false statements or leaving out important information on the application.

(7) You permit or assist in an illegal act on the premises of an overnight youth shelter.

(8) You repeatedly employ or fail to maintain qualified or an adequate number of staff to care for the number and types of youth in your care.

(9) You are unable to manage the property, fiscal responsibilities or staff in your agency.

(10) You knowingly allowed employees or volunteers to work at your agency who made false statements on their applications.

[]


NEW SECTION
WAC 388-160-0195
When may the department suspend or revoke my overnight youth shelter license?

We may suspend or revoke your license if you exceed the conditions of your facility license by:

(1) Having more youth than the license allows;

(2) Having youth with ages different than the license allows;

(3) Failing to comply with any other licensing requirements; or

(4) Failing to provide a safe and healthy environment for youth in your care.

[]


NEW SECTION
WAC 388-160-0205
How does the department notify me if they modify, deny, suspend or revoke my license?

We send you a certified letter informing you of our decision to modify, deny, suspend or revoke your license. In the letter, we also tell you what you need to do if you disagree with our decision.

[]


NEW SECTION
WAC 388-160-0215
What may I do if I disagree with the department's decision to modify, deny, suspend or revoke my license?

You have the right to appeal any decision the department makes to modify, deny, suspend or revoke your license.

(1) You may request an administrative hearing if you disagree with our decision to modify, suspend, revoke or deny your license.

(2) You must request an administrative hearing within twenty-eight days of receiving a certified letter with our decision (chapter 34.05 RCW).

(3) You must send a letter to the Office of Administrative Hearings, PO Box 42489, Olympia, WA 98504-2489, 1-800-583-8271 requesting an administrative hearing. The letter must have the following attachments:

(a) A specific statement of your reasons for disagreeing with the decision and any laws that relate to your reasons; and

(b) A copy of the certified letter from DLR that you are disputing.

[]

RECORDKEEPING/REPORTING REQUIREMENTS/PERSONNEL POLICIES/POSTING OF LICENSE
NEW SECTION
WAC 388-160-0225
What incidents involving youth must I report?

(1) You or your staff must report any of the following incidents within forty-eight hours to your local children's administration child protective services intake staff:

(a) Any alleged incidents of child abuse or neglect;

(b) Any violations of the licensing requirements;

(c) Death of a child;

(d) Any youth's suicide attempt that results in injury requiring medical attention or hospitalization;

(e) Any emergent medical care to any youth in care;

(f) Any use of physical restraint that is alleged improper or excessive;

(g) Sexual contact between two or more youth;

(h) Physical assaults between two or more youth that result in injury requiring off-site medical attention or hospitalization;

(i) Unexpected health problems caused by medications that require off-site medical attention;

(j) Any medication given incorrectly that required off-site medical attention;

(k) Serious property damage that is a safety hazard and is not immediately corrected.

(2) You or your staff must report any of the following incidents to the youth's DSHS social worker, if one is assigned to the youth:

(a) Suicidal ideas, gestures or attempts that do not require professional medical attention;

(b) Unexpected health problems caused by medication that do not require professional medical attention;

(c) Any incident of medication incorrectly administered;

(d) Physical assaults between two or more children resulting in injury that does not require professional medical attention;

(e) Runaways; and

(f) Use of physical restraints for routine discipline.

[]


NEW SECTION
WAC 388-160-0235
Are there other reporting requirements?

Any occurrence of food poisoning or communicable disease must be reported to the local public health department, as required by the department of health.

[]


NEW SECTION
WAC 388-160-0245
Do I need to document instances when physical restraint is used?

(1) You must document all instances of the use of physical restraints. You must keep a copy of this document at your overnight youth shelter. At a minimum, you must record:

(a) The youth's name and age;

(b) The date of the use of the restraint;

(c) The time in and out of the restraint;

(d) The events preceding the behavior that lead to using the restraint;

(e) The de-escalation methods that were used;

(f) Names of those involved in the restraint and any observers;

(g) A description of the type of restraint used;

(h) A description of injuries to the youth, or others, including caregivers;

(i) An analysis of how the restraint might have been avoided; and

(j) The signature of the person making the report.

(2) Additional information on behavior management and the use of physical restraints can be obtained from the department.

[]


NEW SECTION
WAC 388-160-0255
Do I need to report runaway youth who stay at the shelter?

(1) Within eight hours of learning that a youth staying at a shelter does not have parental permission to be there, shelter staff must report the location of the youth to:

(a) The parent;

(b) The law enforcement agency having jurisdiction in the shelter's area; or

(c) The department.

(2) The shelter staff must:

(a) Make the report by telephone or other reasonable means; and

(b) Document the report in writing in the youth's file.

[]


NEW SECTION
WAC 388-160-0265
What changes to my overnight youth shelter must I report to my licensor?

(1) You must report to your licensor any changes in the original licensing application that might cause DLR to reclassify your overnight youth shelter. Changes include any of the following:

(a) Changes in your location;

(b) Change in the designated space, or phone number;

(c) Changes in the maximum number, age ranges, and sex of persons you wish to serve;

(d) Changes in the structure of your facility or premises due to events causing damage such as a fire, or caused by remodeling; or

(e) Addition of any new staff person, employee or volunteer, who might have contact with the youth in care.

(2) A license is valid only for the person or organization named on the license.

(3) If you operate an overnight youth shelter, you must also report the following changes to your licensor:

(a) A change of your facility's chief executive;

(b) The death, retirement, or incapacity of the person who holds the license;

(c) A change in name of a licensed corporation, or name by which your facility is commonly known; or

(d) Changes in agency's articles of incorporation and bylaws.

[]


NEW SECTION
WAC 388-160-0275
What are the department's requirements for keeping client records?

(1) Your records must be kept at your overnight youth shelter and contain, at a minimum, the following information:

(a) The child's name and birthdate;

(b) Admission dates;

(c) Names, address and home and business telephone numbers of parents or persons to be contacted in case of emergency;

(d) Dates and kinds of illnesses, accidents, medications and treatments given at the overnight;

(e) Daily attendance logs, dates of admission, referrals, dates of exit;

(f) An incident log documenting the use of physical restraint; and

(g) Other information determined relevant by the department.

(2) Identifying and personal information about the youth must be kept confidential.

(3) You must keep information about the youth and their families in a secure place.

[]


NEW SECTION
WAC 388-160-0285
Do I need a citizens' board for my overnight youth shelter?

(1) Every overnight youth shelter must have a citizens' board that complies with laws and rules for nonprofit boards of directors. If the overnight youth shelter is part of a larger agency that has a citizens' board, that board will suffice.

(2) The shelter director must keep the following on file:

(a) A list of all members of the current citizens' board; and

(b) A copy of the articles of incorporation filed with the Secretary of State verifying nonprofit status.

[]


NEW SECTION
WAC 388-160-0295
What personnel policies must I have?

The following requirements apply to licensed overnight youth shelters.

(1) Each employee or volunteer with unsupervised access to youth must complete an employment application and a "criminal history of background inquiry" form enabling us to do a background check by the date of hire. Employees and volunteers are not allowed to have unsupervised access to youth until the department approves their background checks.

(2) If you have five or more staff, you must have written policies describing duties, qualifications, and staff benefits.

[]


NEW SECTION
WAC 388-160-0305
What personnel records must I keep?

You must keep personnel records on file for each staff person and volunteer for your overnight youth shelter. These must include:

(1) An employment application, including work and education history;

(2) Documentation of completed criminal history and background check form;

(3) A record of a negative Mantoux, tuberculin skin tests results, X-ray, or an exemption to the skin test or X-ray;

(4) A record of participation in HIV/AIDS education and training;

(5) A record of participation in staff development training;

(6) A record of participation in the program's orientation;

(7) Documentation of a valid food handler permit, when applicable; and

(8) A record of participation in the current first-aid and CPR training.

[]


NEW SECTION
WAC 388-160-0315
Where must I post my license?

You must post your license in a place that is easily viewed by the public.

[]


NEW SECTION
WAC 388-160-0325
What other information must I keep readily available?

If you operate an overnight youth shelter, you must have the telephone number of "on-call" masters or bachelors degree-level persons with other emergency numbers readily available for staff

[]

HEALTH AND GENERAL SAFETY REQUIREMENTS
NEW SECTION
WAC 388-160-0335
Are local ordinances part of your licensing requirements?

Local ordinances (laws), such as zoning regulations and local building codes, fall outside the scope of our licensing requirements.

[]


NEW SECTION
WAC 388-160-0345
What fire safety requirements must I follow to qualify for a license?

If you own or operate an overnight youth shelter, you must follow the regulations developed by the Washington state fire marshal's office. The regulations are minimum requirements for protecting life and property against fire. You can find these contained in the current state building code.

[]


NEW SECTION
WAC 388-160-0355
Where may my shelter be located?

Your overnight youth shelter must be located on a well-drained site free from hazardous conditions. The safety of the youth in care is paramount. You must discuss with the licensor any potential hazardous conditions, considering the youth's ages and behaviors. Some examples of hazards are natural or man-made water hazards such as lakes or streams, steep banks, ravines, and busy streets.

[]


NEW SECTION
WAC 388-160-0365
May I have firearms in my overnight youth shelter?

(1) You may not have firearms or other weapons on the premises.

(2) Firearms and weapons that are confiscated from youth must be locked up and given to law enforcement officers as soon as possible.

[]


NEW SECTION
WAC 388-160-0375
What substances are prohibited at overnight youth shelters?

(1) During operating hours when youth are in care, no staff or volunteers on the premises or caring for youth off-site may be under the influence of, consume, or possess alcoholic beverages or illegal drugs.

(2) You must prohibit smoking in:

(a) Your facility while caring for youth; and

(b) Any motor vehicles transporting youth.

(3) You may permit adults to smoke outdoors away from youth.

[]


NEW SECTION
WAC 388-160-0385
What are your requirements for storing dangerous items?

(1) You must store the following items in a place that is not accessible to youth in care:

(a) Cleaning supplies,

(b) Toxic substances,

(c) Poisons,

(d) Aerosols,

(e) Items with warning labels.

(2) You must label containers filled from a stock supply. The labels must identify all contents.

(3) Toxic substances must be stored separately from food items.

[]


NEW SECTION
WAC 388-160-0395
Do I need to have first-aid supplies?

You must keep first aid supplies on hand for immediate use.

[]


NEW SECTION
WAC 388-160-0405
What structural safety requirements must my facilities meet?

You must keep your equipment and the physical structures in your facility safe and clean for the youth you serve. At a minimum you must:

(1) Maintain your buildings, premises, and equipment in a clean and sanitary condition, free of hazards and in good repair;

(2) Provide handrails for steps if the department decides handrails are necessary for safety;

(3) Have emergency lighting devices available and in operational condition;

(4) Refinish all flaking or deteriorating lead-based paint with lead-free paint or other nontoxic material for exterior and interior wall surfaces and equipment.

(5) Have washable, water resistant floors in the facility's toilet rooms, kitchen, and other rooms exposed to moisture.

Exception: We may approve washable, short-pile carpeting that is kept clean and sanitary for your facility's kitchen.

(6) Have easy access to rooms occupied by youth in case an emergency arises.

[]


NEW SECTION
WAC 388-160-0415
What measures must I take for pest control?

You must keep the premises free from pests, such as rodents, flies, cockroaches, fleas, and other insects using the least toxic methods.

[]

ROOM REQUIREMENTS
NEW SECTION
WAC 388-160-0425
What are your requirements for kitchens?

You must ensure that a shelter providing food service:

(1) Provides for the proper storage, preparation, and service of food to meet the needs of the youth;

(2) Has facilities and implements practices as required by the rules and regulations of the department of health that govern food service sanitation.

[]


NEW SECTION
WAC 388-160-0435
What are the requirements for bedrooms in shelters?

You must comply with the following requirements for bedrooms:

(1) Provide sleeping areas at least fifty square feet per occupant of unobstructed floor area with a ceiling height of at least seven feet, six inches;

(2) Not use hallways and kitchens as sleeping rooms;

(3) Maintain a space that is at least thirty inches between sleeping youths;

(4) Provide sleeping areas separated by a visual barrier five feet high or more for gender; and

(5) Separate youth under eighteen years old from youth who are eighteen through twenty years old by having a staff or volunteer supervise open space or have a physical barrier to prevent contact.

[]


NEW SECTION
WAC 388-160-0445
What are your requirements for bedding?

(1) An overnight youth shelter providing youth with sleeping equipment and bedding must keep the equipment and bedding in good repair, clean, and sanitary.

(2) The shelter must accept the use of sleeping and bedding equipment that is personally provided by the youth if it is not a health or safety risk.

[]

TELEPHONE/LIGHTING/VENTILATION/WATER/LAUNDRY/SEWAGE
NEW SECTION
WAC 388-160-0455
What telephone requirements must I follow?

We have two requirements for the telephone that you must meet at your overnight youth shelter.

(1) You must have at least one telephone on the premises for incoming and outgoing calls. The telephone must be accessible for emergency use at all times.

(2) You must post emergency phone numbers next to the phone.

[]


NEW SECTION
WAC 388-160-0465
What are the lighting requirements for my overnight youth shelter?

You must locate light fixtures and provide lighting that promote good visibility and comfort for the youth.

[]


NEW SECTION
WAC 388-160-0475
What are the requirements about drinking water?

You must provide:

(1) A public water supply or a private water supply approved by the local health authority at the time of licensing or relicensing; and

(2) Disposable paper cups, individual drinking cups or glasses, or inclined-jet drinking type drinking fountains.

[]


NEW SECTION
WAC 388-160-0485
What are your requirements for laundry facilities?

We have specific requirements for laundry facilities at your overnight youth shelter. You must:

(1) Have separate and adequate facilities for storing soiled and clean linen.

(2) Provide adequate laundry and drying equipment or make other arrangements for getting laundry done on a regular basis.

(3) Locate laundry equipment in an area separate from the kitchen.

[]


NEW SECTION
WAC 388-160-0495
What are the requirements for washing clothes?

You must sanitize laundry contaminated with urine, feces, lice, scabies, or other potentially infectious materials through temperature or chemical measures.

[]


NEW SECTION
WAC 388-160-0505
What are the requirements for toilets, sinks, and bathing facilities in shelters?

You must provide:

(1) Two or more indoor flush-type toilets close to handwashing sinks with hot and cold running water;

(2) One toilet and sink for the first eight youth, with a second toilet and sink when four more youth are on the premises;

(3) Privacy for persons of the opposite sex at toilets and any bathing facilities;

(4) Hot and cold running water not exceeding one hundred twenty degrees Fahrenheit at handwashing sinks, and bathing facilities;

(5) A conveniently located grab bar or nonslip floor surfaces in any bathing facilities;

(6) Urinals instead of toilets as long as only urinals do not replace more than one-third of the total required number of toilets; and

(7) Dispenser soap and individual towels, disposable towels, or other approved single-use hand drying devices, at handwashing sinks, and any bathing facilities.

[]


NEW SECTION
WAC 388-160-0515
Do overnight youth shelters require a housekeeping sink.

An overnight youth shelter must have and use a method of drawing clean mop water and disposing of wastewater.

[]


NEW SECTION
WAC 388-160-0525
What are the requirements for sewage and liquid wastes?

You must discharge sewage and liquid wastes into a public sewer system or into a functioning septic system.

[]

MEDICAL CARE AND MEDICATION MANAGEMENT
NEW SECTION
WAC 388-160-0535
What health and emergency policies and procedures must I have?

(1) An overnight youth shelter must have current written health policies and procedures including, but not limited to:

(a) First aid;

(b) Infection control;

(c) Care of minor illnesses; and

(d) General health practices and actions to be taken in event of medical and other emergencies.

(2) Health policies and procedures must be readily available for staff orientation and implementation.

[]


NEW SECTION
WAC 388-160-0545
How must I manage medications for youth at my shelter?

An overnight youth shelter must follow our requirements for managing nonprescription and prescription medications for youth at the shelter. You must:

(1) Place any medication brought into the shelter by a youth in locked storage so it is unavailable to other youth in care;

(2) Supervise youth who take their own medication according to the prescription or manufacturer's instructions; and

(3) Properly dispose of medications that are no longer being taken.

[]


NEW SECTION
WAC 388-160-0555
What must I do to prevent the spread of infections and communicable diseases?

You must take precautions to guard against infections and communicable diseases infecting the youth in care in your overnight youth shelter.

(1) Those who have regular contact with children in care at an overnight youth shelter must have a tuberculosis skin test by the Mantoux method. They must have this skin test prior to being licensed, employed, or volunteering.

(2) Persons whose tuberculosis skin test is positive must have a chest x-ray within ninety days following the skin test.

(3) Exception: We do not require any entry test if:

(a) A person has a tuberculosis skin test that has been documented as negative within the past six months; or

(b) A physician indicates that the test is medically unadvisable.

(4) We will not require retesting unless a person believes they have been exposed to someone with tuberculosis or if testing is recommended by their health care provider.

(5) You must keep a record of skin test results, x-rays, or exceptions to this requirement in the individual's personnel file at your facility.

[]

FOOD
NEW SECTION
WAC 388-160-0565
What nutritional guidelines must I follow?

An overnight youth shelter providing meals must consider the age, cultural background, and nutritional requirements of youth served when preparing meals.

[]

CLIENT RIGHTS
NEW SECTION
WAC 388-160-0575
What are your requirements for protecting a youth under my care from child abuse and neglect?

As part of ensuring health, welfare and safety, you must protect youth in your care from child abuse and neglect (see RCW 26.44.020(12)).

[]


NEW SECTION
WAC 388-160-0585
What are the requirements about nondiscrimination?

Overnight youth shelters must follow all state and federal laws regarding nondiscrimination while providing services to youth in care.

[]


NEW SECTION
WAC 388-160-0595
What religious activities are allowed in overnight youth shelters?

You must respect the religious rights of the youth in care.

(1) Youth have the right to practice their own faith.

(2) Youth have the right not to practice another person's faith.

[]

SUPERVISION
NEW SECTION
WAC 388-160-0605
How much supervision is required for child care staff and volunteers?

The program supervisor must provide two hours of supervision for each forty hours that child care staff and volunteers work at overnight youth shelters.

[]

DISCIPLINE
NEW SECTION
WAC 388-160-0615
What requirements must I follow when disciplining youth?

(1) You are responsible for disciplining youth in your care. This responsibility must not be delegated to any youth.

(2) You must write down your disciplinary practices and include these with your application for a license.

(3) Discipline must be:

(a) Based on an understanding of the individual's needs and stage of development;

(b) Designed to help the youth under your care to develop inner control, acceptable behavior and respect for the rights of others; and

(c) Fair, reasonable, consistent, and related to the individual's behavior.

[]


NEW SECTION
WAC 388-160-0625
What types of disciplinary practices are forbidden?

(1) You must not use cruel, unusual, frightening, unsafe or humiliating discipline practices, including but not limited to:

(a) Spanking youth with a hand or object;

(b) Biting, jerking, kicking, or shaking the youth;

(c) Pulling the youth's hair;

(d) Throwing the youth;

(e) Purposely inflicting pain as a punishment;

(f) Name calling, using derogatory comments, or abusing the youth verbally; and

(g) Threatening the youth with physical harm.

(2) You must not use methods that interfere with a youth's basic needs, including but not limited to:

(a) Depriving the youth of sleep;

(b) Providing inadequate food, clothing or shelter; or

(c) Interfering with a youth's ability to take care of their own hygiene and toilet needs.

(3) You must not use methods that deprive a youth of necessary services, including:

(a) Access to the youth's legal representative;

(b) DSHS social worker, if one is assigned; or

(c) Emergency medical or dental care.

(4) You must not use medication in an amount or frequency other than that prescribed by a physician or psychiatrist.

(5) You must not use medications for a youth that have been prescribed for someone else.

(6) You must not physically lock doors or windows in a way that prohibits a youth from exiting.

[]

PHYSICAL RESTRAINT
NEW SECTION
WAC 388-160-0635
What types of physical restraint are acceptable for youth in overnight youth shelters?

(1) You must use other efforts to redirect or de-escalate the situation before using a physical restraint unless the youth's behavior poses an immediate risk to physical safety.

(2) You may use physical restraint that is reasonable and necessary to:

(a) Protect youth on the premises from harming themselves or others;

(b) Prevent a youth from carrying out a believable threat to seriously injure self or others;

(c) Safely remove a youth to a less risky location;

(d) Take a weapon or another dangerous object; or

(e) Protect property from serious damage.

[]


NEW SECTION
WAC 388-160-0645
What types of physical restraint are not acceptable for youth in overnight youth shelters?

(1) You must not use physical restraint as a form of punishment.

(2) You must not use mechanical restraints, such as handcuffs and belt restraints.

(3) You must not use locked time-out rooms.

(4) You must not use physical restraint techniques that restrict breathing, inflict pain as a strategy for behavior control or might injure a youth. These include, but are not limited to:

(a) An adult sitting on or straddling a youth;

(b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

(c) Arm twisting;

(d) Hair holds;

(e) Youth being thrown against walls, furniture, or other large immobile objects;

(f) Choking or putting arms around a throat;

(g) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs; or

(h) Chemical restraints, except prescribed medication, including but not limited to pepper spray.

(5) Staff and volunteers must be trained in using appropriate restraining techniques if they are employed in overnight youth shelters where restraining youth may be necessary.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-160-010 Authority.
WAC 388-160-020 Definitions.
WAC 388-160-030 Exceptions to rules.
WAC 388-160-040 Effect of local ordinances.
WAC 388-160-050 Fire standards.
WAC 388-160-060 Certification of exempt agency.
WAC 388-160-070 Application or reapplication for license or certification -- Investigation.
WAC 388-160-080 Limitations on licenses and dual licensure.
WAC 388-160-090 General qualifications of licensee, applicant, and persons on the premises.
WAC 388-160-100 Age of licensee.
WAC 388-160-110 Posting of license.
WAC 388-160-120 Licensure -- Denial, suspension, or revocation.
WAC 388-160-130 Licensed capacity.
WAC 388-160-140 Discrimination prohibited.
WAC 388-160-150 Religious activities.
WAC 388-160-160 Discipline.
WAC 388-160-170 Corporal punishment.
WAC 388-160-180 Abuse, neglect, or exploitation.
WAC 388-160-190 Site and telephone.
WAC 388-160-200 Equipment, safety, and maintenance.
WAC 388-160-210 Firearms and other weapons.
WAC 388-160-220 Prohibited substances.
WAC 388-160-230 Storage.
WAC 388-160-240 Bedrooms and sleeping areas.
WAC 388-160-250 Kitchen facilities.
WAC 388-160-260 Housekeeping sink.
WAC 388-160-270 Laundry.
WAC 388-160-280 Toilets, handwashing sinks, and bathing facilities.
WAC 388-160-290 Lighting.
WAC 388-160-300 Pest control.
WAC 388-160-310 Sewage and liquid wastes.
WAC 388-160-320 Water supply.
WAC 388-160-340 Health and emergency policies and procedures.
WAC 388-160-350 First aid.
WAC 388-160-360 Medication management.
WAC 388-160-370 Staff health.
WAC 388-160-380 HIV/AIDS education and training.
WAC 388-160-390 Nutrition.
WAC 388-160-400 Bedding.
WAC 388-160-410 Overnight youth shelters--Purpose and limitations.
WAC 388-160-420 Governing body/citizens board for overnight youth shelters.
WAC 388-160-430 Intake.
WAC 388-160-440 Groupings.
WAC 388-160-460 Staffing.
WAC 388-160-470 Supervision of youth.
WAC 388-160-480 Child care workers--Qualifications.
WAC 388-160-490 Program supervision.
WAC 388-160-500 Training.
WAC 388-160-510 Services.
WAC 388-160-520 Client records and information--Overnight youth shelters.
WAC 388-160-530 Personnel policies and records--Overnight youth shelters.
WAC 388-160-540 Reporting of death, injury, illness, epidemic, or child abuse.
WAC 388-160-550 Reporting runaway youth.
WAC 388-160-560 Reporting circumstantial changes.

Washington State Code Reviser's Office