WSR 02-23-057

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed November 15, 2002, 4:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-12-066.

Title of Rule: New chapter 388-180 WAC, Standards for health and safety reviews of the Washington State School for the Deaf.

Purpose: Legislative passed in 2002, chapter 208, Laws of 2002, directed DSHS to develop safety standards in WAC for review of the school's residential facilities and residential-rated policies. The new WACs will guide DSHS in conducting the health and safety reviews and provides for greater physical safety of residential students at the School for the Deaf.

Statutory Authority for Adoption: RCW 74.15.030 and 74.20.280.

Statute Being Implemented: RCW 72.40.280 and 26.44.210.

Summary: This chapter establishes health and safety review standards to be used by DSHS to conduct periodic and comprehensive reviews of the Washington State School for the Deaf (WSD). The rules are specific to the residential facilities and residential-related policies of WSD. The rules provide consistent standards.

Reasons Supporting Proposal: Chapter 208, Laws of 2002 included amendments to chapters 72.40 and 26.44 RCW authorizing DSHS to adopt rules guiding the health and safety reviews of WSD. The new rules define the standards and outline the scope of the review process.

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, Office of Foster Care Licensing, Children's Administration, Department of Social and Health Services.

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 purpose of this chapter is to define the basic health and safety standards for the residential facilities and those policies and procedures that provide guidance to residential staff and administration of WSD in maintaining a safe environment. Some of the rules are adapted from the health and safety review standards used by the Division of Licensed Resources (DLR) when reviewing residential facilities licensed by DLR to provide care to children.

The anticipated effect of the new rules will be a set of standards consistent with the intent of the statute (chapter 72.40 RCW) and mirroring the standards used to review health and safety issues in other residential facilities providing care to children. The rules are general guidelines and offer WSD flexibility in developing policy and procedures to meet the intent of the statute and continue to provide an environment that is comfortable, safe, and promotes a healthy atmosphere for the students living away from their families.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new rules apply only to the Washington State School for the Deaf, a public facility.

RCW 34.05.328 applies to this rule adoption. Since the proposed rules "adopt essential parts of the law under legislative authority" and "adopt a new policy or regulatory program," Children's Administration has determined the proposed rules to be "significant." The proposed rules are exempt from a cost benefit analysis under RCW 34.05.328 (5)(b)(iii) as the rules are adopting or incorporating Washington state statutes without material change. However, Children's Administration took the opportunity to outline the content of the proposed rules and summarize the qualitative impact of the health and safety review process on WSD. A copy of this document is available by contacting the person listed above.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 7, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 3, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernaAX@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., January 7, 2003.

Date of Intended Adoption: Not earlier than January 8, 2003.

November 12, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3176.1
Chapter 388-180 WAC

STANDARDS FOR HEALTH AND SAFETY REVIEWS OF THE WASHINGTON STATE SCHOOL FOR THE DEAF

PURPOSE
NEW SECTION
WAC 388-180-0100   What is the purpose of this chapter?   The purpose of this chapter is to outline the process of investigating child abuse or neglect at Washington State School for the Deaf and establish rules for completing health and safety monitoring reviews of the school.

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DEFINITIONS
NEW SECTION
WAC 388-180-0110   What are the definitions for this chapter?   The following definitions apply to this chapter:

"CA/N" means child abuse or neglect as defined in chapter 26.44 WAC.

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

"DLR" means the division of licensed resources, a division of children's administration, department of social and health services.

"Residential staff" means individuals in charge of supervising the day-to-day living situation of the children in the residential portion of the school.

"School" means the Washington State School for the Deaf.

"Superintendent" means the superintendent of the Washington State School for the Deaf.

"WSD" means the Washington State School for the Deaf.

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CHILD PROTECTIVE SERVICES (CPS) INVESTIGATIONS
NEW SECTION
WAC 388-180-0120   Is CPS required to investigate allegations of CA/N of students at the school?   The department's child protective services (CPS) must investigate referrals of alleged child abuse or neglect occurring at the Washington State School for the Deaf. This includes alleged incidents of students abusing other students.

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NEW SECTION
WAC 388-180-0130   What is included in the CPS investigation?   (1) A CPS investigation at the school must determine if:

(a) Abuse or neglect is substantiated or "founded"; and

(b) A referral to law enforcement is appropriate.

(2) CPS must send a copy of the investigative report for incidents of alleged abuse or neglect to the school's superintendent.

(3) CPS may include recommendations for increasing student safety to the superintendent and the board of trustees or its successor board.

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HEALTH AND SAFETY REVIEWS
NEW SECTION
WAC 388-180-0140   What health and safety reviews are required?   The department must complete health and safety reviews of the school as follows.

(1) A comprehensive health and safety review of WSD must be completed every three years; and

(2) Monitoring health and safety reviews must be completed at least quarterly until December 1, 2006.

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NEW SECTION
WAC 388-180-0150   Who receives a copy of the completed health and safety reports?   (1) The department must provide a copy of the comprehensive health and safety review report of the school to:

(a) The Governor;

(b) The legislature;

(c) The superintendent; and

(d) The school's board of trustees or its successor board.

(2) The department provides a copy of the periodic monitoring health and safety review reports of the school to the superintendent and to the Governor.

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NEW SECTION
WAC 388-180-0160   What health and safety standards and written policies are required at WSD?   Reporting requirements

The health and safety standards that apply to WSD are as follows:

(1) All residential program personnel and volunteer staff at the school must comply with the mandatory reporting requirements of child abuse or neglect, RCW 26.44.020.

(2) The school must comply with all applicable fire marshal and department of health requirements.

Written policies and procedures

(2) The school must have written policies it follows that:

(a) Promote a program aimed at providing personal safety and protection of all students residing at the school;

(b) Provide sufficient staffing levels on all shifts to meet the physical, emotional, and safety needs of all students, as required under RCW 72.40.240;

(c) Implement and maintain effective admission and retention policies that protect all students from sexual victimization, as required under RCW 72.40.270;

(d) Implement and maintain an effective communication system between educational staff and residential staff and parents and/or legal guardians;

(e) Ensure that the residential facility meets all applicable fire and health requirements and promote environmental safety against physical risk or harm to students;

(f) Minimize student-to-student conflict or harm when transporting students;

(g) Conduct and document background and CA/N checks on all staff to determine each employee's suitability for employment at the school (see chapter 388-06 WAC);

(h) Provide all students with training on self-protection from abuse or neglect, as required under RCW 72.40.230 and 72.40.260;

(i) Implement and maintain effective child protection policies that include proper reporting of incidents, notification, documentation, and cooperation with the department and law enforcement;

(j) Describe what procedures staff must follow when they have reason to believe a student may have been abused or neglected, as defined under RCW 26.44.020; and

(k) Maintain adequate documentation of all abuse or neglect incidents.

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Reviser's note: The typographical 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 388-180-0170   What specific areas must be included in the comprehensive health and safety review?   (1) In conducting a comprehensive health and safety review of the school, the department must review the children's administration's case and management information system (CAMIS) records for any child abuse or neglect referrals and the disposition of the investigations.

(2) The reviewers must:

(a) Examine the residential facilities for health and safety (a specific list of elements for review are outlined in WAC 388-180-0230);

(b) Develop appropriate questionnaires or survey tools for interviews;

(c) Conduct interviews of staff, students, parent, teacher, and community stakeholders for concerns of student health and safety at the school.

(d) Review facility logs, including incident reports and daily shift logs;

(e) Review medication policies, including documentation of medicine disbursement when and by whom;

(f) Review admissions and expulsion policies for compliance with RCW 72.40.040;

(g) Review staff coverage policies for compliance with RCW 72.40.240 and 72.40.270;

(h) Review behavior management policy for compliance with RCW 72.40.220, including a description of the de-escalation techniques used with different ages or developmental levels of students;

(i) Review employee/volunteer supervision policies for compliance with RCW 72.40.250;

(j) Review policies for protecting students from abuse or neglect policies for compliance with RCW 72.40.250;

(k) Review any corrective action plans including implementing the written plan of action to assure health and safety and prevention of abuse or neglect incidents as directed in RCW 72.40.250;

(i) Review the documentation of awareness and prevention training of staff for compliance with RCW 72.40.230 and 72.40.260; and

(j) Sample criminal history and CA/N checks of school employees for compliance with the school's criminal history inquiry and FBI fingerprinting process.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-180-0180   What health and safety areas must be included in the monitoring review?   (1) The health and safety areas covered in the monitoring review must include, but are not limited to, the following:

(a) Inspection and evaluation of the school's incident log;

(b) Child protective services investigation documentation;

(c) Residential program policies and procedures;

(d) Residential facilities, cafeteria, nurse's station, and all other venues where residential students frequent;

(e) Staff, student, and parent interviews; and

(f) Review any corrective action plans including implementing the written plan of action to assure health and safety and prevention of abuse or neglect incidents.

(2) The monitoring review may include, but is not limited to, the following:

(a) Written personnel policies and procedures;

(b) Personnel records including background check results; and

(c) Job descriptions and history of personnel training.

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NEW SECTION
WAC 388-180-0190   Must WSD allow the department access to the records of the school?   Consistent with federal law, the school must give the department complete access to all records and documents requested by the reviewers in monitoring and conducting the reviews of the school.

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NEW SECTION
WAC 388-180-0200   Must WSD allow the department access to all students and staff for the reviews?   Consistent with federal law, the school must give the department complete access to students and staff requested by the reviewers in monitoring and conducting the reviews of the school.

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NEW SECTION
WAC 388-180-0210   What must be included in the incident documentation?   The incident log documentation must include:

(1) The students involved (not identified to the reviewers);

(2) The date and time of the incident;

(3) A description of what occurred, any injury and severity of injury;

(4) Any other persons present at the time of the incident; and

(5) Any action taken by WSD staff, including notification of the child's parents.

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NEW SECTION
WAC 388-180-0220   What are the staffing requirements for the residential portion of the school?   (1) A staffing ratio of 1:7 must be maintained for residential students while students are in dorms or cottages and when they are participating in elective activities.

(2) A staffing ratio of 1:9 must be maintained for visiting and day students while they are in the residential settings.

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NEW SECTION
WAC 388-180-0230   What are the physical environment safety requirements for the residential facilities?   The school must ensure that the residential facilities comply with the applicable state fire marshal and department of health regulations, including the following:

(1) The grounds, office, living areas, kitchen, bedrooms, bathrooms, shops, recreational areas, and laundry areas are clean and free of hazardous conditions.

(2) Furnishings are clean, comfortable, durable, and safe.

(3) Cleaning products and toxic chemicals are securely stored.

(4) Medications are securely stored.

(5) First-aid supplies are readily available.

(6) Emergency lighting devises are available.

(7) Kitchen and bathrooms are ventilated.

(8) The facilities regularly conduct and document fire drills.

(9) Smoke detectors are regularly inspected and the results of the inspections are documented.

(10) Procedures for evacuation and other emergencies are posted, reviewed, and tested at regular intervals.

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Washington State Code Reviser's Office