WSR 00-18-018

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed August 28, 2000, 11:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-057.

Title of Rule: Chapter 388-60 WAC, Domestic violence perpetrator treatment program standards.

Purpose: Clarify the language of the requirements for all programs providing domestic violence perpetrator treatment services, as well as add several new requirements. The rules also meet the intent of the Governor's Executive Order 97-02.

Statutory Authority for Adoption: RCW 26.50.150.

Statute Being Implemented: RCW 26.50.150.

Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of requirements regarding treatment group size and length of group treatment sessions will incorporate professional standards in WAC. The addition of requirements for mandatory releases of information and documentation of contact with victims will help to enhance safety for victims. Requirements for membership in local domestic violence task forces or intervention committees and documentation of cooperative relationships with other entities involved in domestic violence intervention will increase collaboration within communities.

Reasons Supporting Proposal: Overall clarity, efficiency, and effectiveness of the regulations for domestic violence perpetrator treatment programs will be achieved.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Maureen Kelly, P.O. Box 45710, Olympia, WA 98504, (360) 902-7901.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-60-0085, sets new minimum and maximum numbers for participants involved in group sessions to two and twelve, respectively. (No numbers were specified before). Sets the minimum length of group treatment sessions (previously unspecified) to ninety minutes.

WAC 388-60-145, requires a treatment program to include additional mandatory signed releases of information in client files to allow current treatment programs to exchange information with:

Concurrent and past treatment programs;
DSHS certifying authorities; and
Prosecutors.
WAC 388-60-0065, requires the program to document their contacts with victims of program participants. If program cannot contact a victim, they must show that they made reasonable efforts to do so.

WAC 388-60-175 and 388-60-0345, limits duties that trainees may perform without supervision.

WAC 388-60-315, clarifies that direct treatment staff must complete all mandatory training before providing services to clients.

WAC 388-60-415, 388-60-455 and 388-60-525, clarifies the requirement for cooperative relationships between agencies that provide domestic violence intervention and those that provide services to domestic violence victims.

WAC 388-60-455 and 388-60-5250151, require that treatment programs are involved in local domestic violence task forces or committees.

The anticipated effect will be the overall clarification of the requirements for programs providing domestic violence perpetrator treatment services. The more clearly written question and answer format will be consistent with the changes being made in other DSHS WACs. Addition of standards for group size and treatment session length reflect best practice standards for professional counseling programs. Requirements regarding communication with other programs involved in domestic violence intervention and membership in local task forces will result in greater collaboration within a community, and will help to enhance victims' safety through sharing of information.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. CA worked with an advisory committee made up of representative small businesses throughout the rule-making process. To ascertain costs associated with proposed changes, CA surveyed 23% of the small businesses impacted. As a result of the survey and discussions with the advisory committee, CA concludes that no "more than minor" costs will be imposed on the small businesses affected by proposed amendments to the rules. Therefore, the preparation of a comprehensive SBEIS is not required.

RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-60 WAC, Domestic violence perpetrator treatment program standards 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 Maureen Kelly by mail at Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, by phone at (360) 902-7901, or by e-mail at kelm300@dshs.wa.gov.

Hearing Location: DCFS Region 1 Office, 1313 North Atlantic, Suite 2000, Spokane, WA 99221, on November 7, 2000, at 10:00 a.m.; and at the Lacey Government Center, 1009 College Street S.E., Room 104B, Lacey, WA 98503, on November 21, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by November 1, 2000, for Spokane; November 14, 2000, for Lacey, phone (360) 664-6094, TTY (360) 664-6178, e-mail 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 November 21, 2000.

Date of Intended Adoption: Not sooner than November 22, 2000.

Edith M. Rice, Chief

Office of Legal Affairs

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-20 issue of the Register.

Washington State Code Reviser's Office