PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 08-06-086.
Title of Rule and Other Identifying Information: Revisions to chapter 388-61A WAC, Shelters for victims of domestic violence.
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on August 24, 2010, at 10:00 a.m.
Date of Intended Adoption: Not sooner than August 25, 2010.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on August 24, 2010.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by August 10, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of social and health services (DSHS), children's administration, division of program and practice improvement is proposing to repeal all sections in chapter 388-61A WAC, Shelters for victims of domestic violence, and to replace them with new sections. The purpose of the chapter is to have uniform statewide standards for domestic violence shelters and supportive services funded by DSHS. These standards address issues such as adequate food, clothing, emergency housing, safety, security, and advocacy.
The proposed major changes to the chapter: New definitions and changes to existing definitions; adds new section that describes the model that must be used in providing the minimum services standards established by the proposed rule; describes the supportive services that must be provided by domestic violence agencies funded by DSHS; adds supportive services and resources for children/youth residing in emergency domestic violence shelter; describes requirements for an agency's crisis hotline; updates the requirements for cribs and bassinets, provision of food/clothing, and storing resident medications in the emergency domestic violence shelter.
Reasons Supporting Proposal: Updates, revises and augments the minimum standards that were first enacted in 1979.
Statutory Authority for Adoption: Chapter 70.123 RCW.
Statute Being Implemented: Chapter 70.123 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Hannibal, 4045 Delridge Way S.W., Room 200, Seattle, 98106, (206) 923-4910.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The statute defines small businesses as those businesses that employ fifty or fewer people and are independently owned and operated.
The proposed rules affect forty-three emergency domestic violence shelter agencies that DSHS/CA contracts with for client services. In a December 2009, on-line cost-benefit survey distributed to these agencies, thirty-four of the forty-three domestic violence shelter contractors responded for a response rate of seventy-nine percent. Large and small domestic violence shelter agencies were represented in the range of contractors responding to the survey. The number of individuals employed by the thirty-four survey respondents ranged from a low of four to a high of thirty-nine.
Preparation of a small business economic impact statement (SBEIS) is required when a proposed rule has the potential of placing a disproportionate economic impact on small businesses. The statute outlines information that must be included in an SBEIS. CA has analyzed the proposed rule amendments and concludes that they will not impose disproportionate costs on small businesses. All the agencies affected by the proposed rules are small businesses employing fewer than fifty full-time equivalent employees. Consequently, there is no disproportionate impact on small businesses from the proposed rule amendments. The preparation of a comprehensive SBEIS is not required.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Susan Hannibal, DSHS/CA, c/o QA/Training Office, 4045 Delridge Way S.W., Room 200, Seattle, WA 98106, phone (206) 923-4910, fax (206) 923-4899, e-mail hsus300@dshs.wa.gov.
June 9, 2010
Katherine I. Vasquez
Rules Coordinator
4208.3BACKGROUND
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• Identifying barriers to, and strategies to enhance, safety, including safety planning.
• Clarifying and increasing awareness of the power and control associated with domestic violence and the options one may have to obtain resources while staying safe.
• Supporting independent decision-making based on the unique needs and circumstances of each individual.
"Advocate" means a trained staff person who works in a domestic violence agency and provides advocacy to clients.
"Child care" means the temporary care of a client's child or children by staff of the domestic violence agency at the agency's location or another location where the client is receiving confidential or individual services from the domestic violence agency or is participating in activities sponsored by the domestic violence agency, other than employment, and so long as the client remains on the premises.
"Children/Youth Activities" means activities other than children/youth advocacy, such as recreational and educational activities, and including child care as defined in this chapter.
"Children/Youth Advocacy" means an age-appropriate intervention service that strives to assist children/youth to express feelings about their exposure to domestic violence. It is an educational, rather than a therapeutic intervention, and is focused on providing education about domestic violence, safety planning, and developing or enhancing problem-solving skills. Advocacy can be provided on an individual basis and in group settings.
"Client" means a victim of domestic violence who is accessing services at a domestic violence agency. Client can also be referred to as a survivor, service recipient, or resident.
"Cohabitant" means a person who is or was married, in a state registered domestic partnership, or cohabiting with another person in an intimate or dating relationship at the present time or at some time in the past. Any person who has one or more children in common with another person, regardless of whether they have been married, were/are in a domestic partnership with each other, or have lived together at any time, must be treated as a cohabitant. Any person who is or was in a dating relationship with another person at the present or at some time in the past, regardless of whether they lived together at any time, must be treated as a cohabitant.
"Community education" refers to information that is provided in community settings about domestic violence and services related to victims of domestic violence. Community education activities include: training, presentations, outreach to specific communities or geographic areas, community events, and media events.
"Confidential communication" means all information, oral, written or nonverbal, that is transmitted between a victim of domestic violence and an employee or supervised volunteer of a domestic violence agency in the course of their relationship and in confidence by means which, so far as the victim is aware, does not disclose the information to a third person.
"Confidential information" includes, but is not limited to, any information, advice, notes, reports, statistical data, memoranda, working papers, records or the like, made or given during the relationship between a victim of domestic violence and a domestic violence agency, however maintained. Confidential information includes the name, address, telephone number, social security number, date of birth, nine-digit postal (ZIP) code, physical appearance of, case file or history of, and other information that would personally identify a victim of domestic violence who seeks or has received services from a domestic violence agency.
"Crisis hotline or helpline" means a designated telephone line of the domestic violence agency that operates twenty-four hours a day, three hundred sixty-five days a year. A hotline/helpline provides crisis intervention, safety planning, information, and referral services.
"Crisis intervention" means services provided to an individual in crisis to stabilize an individual's emotions, clarify issues, and provide support and assistance to help explore options for resolution of the individual's immediate crisis and needs.
"Department" means the department of social and health services (DSHS).
"Domestic violence" is a pattern of assaultive and coercive behaviors that an adult or adolescent uses to maintain power and control over their intimate partner. Abusive tactics may include, but are not limited to the following: physical abuse, sexual abuse, intimidating tactics, physical and/or psychological isolation of the victim, repeated attacks against the victim's competence, alternating use of indulgences, control of family funds and resources, stalking, and the use of children and systems to control the victim. The abuser's use of physical force against persons or property or the use of conduct that establishes credible threat of physical harm (i.e. terrorizing tactics) combined with other controlling tactics are key elements of domestic violence. The effect of the overall pattern of assaultive and coercive behavior is to increase the abuser's power and control in the relationship. It includes, but is not limited to, the categorization of offenses defined in RCW 10.99.020(3) when committed by one cohabitant against another.
"Domestic violence agency" means an agency that provides shelter and advocacy for domestic violence clients in a safe and supportive environment.
"Intimate partner violence" focuses on the most common form of domestic violence, which is between adult or adolescent intimate partners or cohabitants, rather than on violence between non-intimate adult or adolescent household members.
"Legal advocacy" means personal support and assistance with victims of domestic violence to ensure their interests are represented and their rights upheld within the civil and criminal justice systems, including administrative hearings. It includes educating and assisting victims in navigating the justice systems; assisting victims in evaluating advantages and disadvantages of participating in the legal processes; facilitating victims' access and participation in the legal systems; and promoting victims' choices and rights to individuals within the legal systems.
"Lodging unit" means one or more rooms used for a victim of domestic violence including rooms used for sleeping or sitting.
"Marginalized populations" includes, but is not limited to, populations that have been historically underserved and oppressed in society because of ethnicity, race, culture or language diversity, age, sexual orientation, or disability.
"Personally identifying information" includes, but is not limited to, first and last name, home or other physical address, telephone number, social security number, date of birth, nine-digit postal (ZIP) code, physical appearance of, case file or history of, and other information that would personally identify a victim of domestic violence who seeks or has received services from a domestic violence agency, or such other information which, taken individually or together with other identifying information, could identify a particular individual.
"Program" means the DSHS domestic violence program.
"Resident" means a client of the domestic violence agency who is residing in a shelter as defined in this chapter.
"Safe home" means a shelter that has two or fewer lodging units and has a written working agreement with a domestic violence agency.
"Safety plan" is a process of thinking through with the victim how to increase safety for both the victim of domestic violence and any dependent children of the victim. Safety planning addresses both immediate and long term risks, barriers, or concerns regarding the victim and any dependent children. It is based on knowledge about the specific pattern of the domestic violence perpetrator's tactics and the protective factors of the victim and any dependent children. Safety planning can be done formally, informally, in writing or orally, or in any other conversational process between the victim and advocate.
"Secretary" means the DSHS secretary or the secretary's designee.
"Shelter" means a safe home or shelter home that provides temporary refuge and food and clothing offered on a twenty-four hour, seven-day-per-week basis to victims of domestic violence and their dependent children. Domestic violence agencies may use hotels and motels for victims who need safe shelter, but the domestic violence agency must also have a shelter home and/or safe home(s) that meet the requirements of this chapter.
"Shelter home" means a shelter that has three or more lodging units and is either a component of, or has a written working agreement with, a domestic violence agency.
"Staff" means persons who are paid or who volunteer to provide services to clients and are a part of a domestic violence agency.
"Support group" means interactive group sessions of two or more victims of domestic violence that is facilitated by trained staff on a regular basis. Participants share experiences, offer mutual support, and receive information and education around a specific topic of common interest. Support groups validate the experiences of victims, explore options, build on strengths, and respect participants' rights to make their own decisions. A shelter or house meeting where, for example, chores are discussed, and there is no advocacy provided, is not a support group.
"Victim" means a cohabitant who has been subjected to domestic violence.
"We, us and our" refers to the department of social and health services and its employees.
"You, I and your" refers to the domestic violence agency.
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(1) Services provided to victims must include access to safety, advocacy, information about options, and referrals to helping resources.
(2) Services that blame the victim for the abuse and do not hold the abuser accountable for the violence, are ineffective and will likely result in further harm to the victim, up to and including death. Therefore, minimum standards for the services and practices governed by these rules must use an empowerment model that:
(a) Promotes safety for all victims of intimate partner violence and their dependent children.
(b) Are survivor-centered and treat victims with dignity and respect.
(c) Builds on the strengths and resources of individuals and families, respecting their autonomy and self-determination.
(d) Supports the relationship between victims and their dependent children.
(e) Offers options and support for autonomous decision-making that is based on the needs and circumstances of each victim and their family.
(f) Assists individuals and families in accessing protection and services that are respectful and inclusive of cultural and community characteristics.
(g) Ensures agency accountability by involving victims in evaluating the services they receive from the domestic violence agency.
(h) Supports and engages in collaboration with other community agencies and systems for the purpose of developing a comprehensive response system for victims and their dependent children.
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(a) Focused on victim advocacy, safety, empowerment, maintaining confidentiality, and safety planning.
(b) Inclusive and responsive to the ethnic, cultural, racial and socioeconomic diversity of the state.
(c) Flexible and designed to meet the needs of domestic violence victims at the local level.
(2) In support of the program goal, if an agency applies to receive funding we will consider such things as:
(a) Geographic location.
(b) Population ratios.
(c) Population need for services.
(d) An agency's experience in providing domestic violence services and its ability to provide services that comply with these minimum standards.
(e) The availability of other domestic violence agencies in a community and the level of collaboration between and among existing agencies.
(f) The amount of funding we have available to maintain stability and support for existing domestic violence agencies funded by DSHS.
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(1) Supportive service and administrative standards for domestic violence agencies; and
(2) General facility standards for shelter homes and safe homes; and
(3) Additional standards for shelter homes; or
(4) Additional standards for safe homes.
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SUPPORTIVE SERVICES AND ADMINISTRATIVE STANDARDS FOR DOMESTIC VIOLENCE AGENCIES(a) Promotes safety for all victims and their dependent children.
(b) Builds on the strengths and resources of individuals and families, respecting their autonomy and self-determination.
(c) Supports the relationship between victims and their dependent children.
(d) Offers options and support for autonomous decision-making based on the needs and circumstances of each victim and their family.
(e) Assists individuals and families in accessing protection and services that are respectful of cultural and community characteristics.
(f) Ensures agency accountability by involving victims in evaluating the services they receive from the domestic violence agency.
(2) The manner in which supportive services are provided by the domestic violence agency must be in alignment with the empowerment service model described in this chapter, and must also:
(a) Include a discussion of safety and options with each victim of domestic violence seeking assistance.
(b) Be respectful and respond to each client's life situation, and respect each person's right to self-determination.
(c) Be provided in a safe and supportive environment that offers the client the opportunity to examine the events that led to the need for domestic violence services.
(d) Be provided in a private setting for the comfort of the client and to protect confidentiality of conversations.
(3) Domestic violence agencies that contract with us must provide the following supportive services:
(a) Crisis hotline or helpline.
(b) Crisis intervention.
(c) Safety planning.
(d) Emergency domestic violence shelter.
(e) A day program or drop-in service for victims who have found other shelter but who have a need for supportive services.
(f) Individual advocacy including legal advocacy.
(g) Support groups.
(h) Child care assistance during individual advocacy sessions and support groups for the adult victim.
(i) Supportive services and resources for children/youth residing in emergency domestic violence shelter.
(j) Transportation assistance or access to transportation.
(k) Information and referral.
(l) Community education activities.
(4) For clients residing in emergency domestic violence shelter you:
(a) Must provide clients with access to a trained staff person twenty-four hours a day, three hundred sixty-five days a year.
(b) Must give clients the opportunity to receive and participate in supportive services during their stay in shelter.
(c) Cannot require that clients participate in supportive services as a condition of residing in the shelter.
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(a) Orientation to the shelter.
(b) Information about domestic violence.
(c) Individual and/or group advocacy and support.
(d) Information and referral to other supportive services.
(2) The domestic violence agency must provide a safe and secure play area for children/youth residing in the emergency domestic violence shelter.
(3) The domestic violence agency must provide information to the client about resources for indoor and outdoor recreational activities in the community for children/youth residing in emergency shelter, such as outings to parks, playgrounds, movies, libraries, sports activities, youth clubs and other similar activities.
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(2) The crisis hotline/helpline service must comply with the following minimum requirements:
(a) It must operate twenty-four hours a day, three hundred sixty-five days a year.
(b) It must be a dedicated telephone line that serves as the crisis hotline or helpline.
(c) Staff that answer the hotline/helpline must be trained in, and familiar with, all referral and intake practices of the domestic violence agency.
(d) In most cases, callers to the hotline/helpline must be able to speak, within fifteen minutes, to a trained staff person from whom the caller can obtain services, including access to emergency shelter.
(e) Staff must have access to TTY or similar technology, and they must be trained on its use.
(f) Safety must be addressed in every call.
(3) You must have written procedures that address the following:
(a) How crisis hotline staff will meet the needs of non-English speaking and hearing impaired callers.
(b) Steps that must be taken when a caller requests emergency shelter.
(c) If you use an answering service, or any other similar system, how you will provide training to the staff of the answering service, and how you will monitor the services provided to your agency.
(4) If you use a call-forwarding system for your domestic violence agency's hotline/helpline, answering service, or any other similar system, you must guarantee that the caller's first contact is supportive.
(5) The hotline/helpline cannot be answered by an answering machine, voice mail, or similar recording device.
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(1) Your agency must have written procedures regarding your shelter intake process.
(2) You must have a staff person available twenty-four hours a day, three hundred sixty-five days a year, who is able to assess requests for emergency domestic violence shelter and arrange for immediate intake into your shelter or a hotel/motel.
(3) Where an individual is eligible for emergency domestic violence shelter:
(a) A staff person must be present to admit a service recipient into the shelter home.
(b) Reasonable efforts must be made by the domestic violence agency to have a staff person present to admit a service recipient into a safe home or hotel/motel.
(4) Referrals to other services or domestic violence agencies must be provided to an individual when:
(a) Your shelter home or safe home(s) are full.
(b) A client residing in shelter must be transferred to another domestic violence agency for reasons of safety of the client.
(c) The person seeking shelter is ineligible for your services.
(d) An inappropriate referral was made to your domestic violence agency.
(e) The person seeking shelter has problems that require services of another agency or agencies before receiving domestic violence services.
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(a) Include an intake that clearly documents each client's eligibility for domestic violence services.
(b) Be brief in documenting the services provided to the client.
(c) Document only sufficient information to identify the service provided, and must not include any references to service recipient feelings, emotional or psychological assessments, diagnoses, or similar subjective observations or judgments. Documentation must not include any direct quotes from the client.
(d) Include copies of all required releases and client notices.
(2) Where supportive services are provided to child/youth of clients, the domestic violence agency must:
(a) Maintain separate documentation for each child/youth that receives supportive services. Written documentation must not be included in the file of the parent/guardian.
(b) Be brief in documenting the supportive services provided to the child/youth.
(c) Document only sufficient information to identify the service provided, and must not include any references to the child/youth's feelings, emotional or psychological assessments, diagnoses, or similar subjective observations or judgments. Documentation must not include any direct quotes from the child/youth.
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(2) Any reports, records, working papers, or other documentation, including electronic files that are maintained by the domestic violence agency and information provided to the domestic violence agency on behalf of the client, must be kept confidential. Any information considered privileged by statute, rule, regulation or policy that is shared with the domestic violence agency on behalf of the client must not be divulged without a valid written waiver of the privilege that is based on informed consent, or as otherwise required by law.
(3) You must comply with the provisions of this section regarding confidential communications concerning clients regardless of when the client received the services of the domestic violence agency.
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(a) The client provides informed, written consent to the waiver of confidentiality that relates only to the client or the client's dependent children.
(b) Failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the client or other person.
(c) Disclosure is required under chapter 26.44 RCW, Abuse of Children.
(d) Release of information is otherwise required by law or court order, or following in-camera review pursuant to RCW 70.123.075, with the following additional requirements:
(i) The domestic violence agency must make reasonable attempts to provide notice to the person affected by the disclosure of the information.
(ii) If personally identifying information is or will be disclosed, the domestic violence agency must take steps necessary to protect the privacy and safety of the persons affected by the disclosure of information.
(2) Any release of information subject to any of the exceptions set forth above must be limited to the minimum necessary to meet the requirement of the exception, and such release does not void the client's right to confidentiality and privilege on any other confidential communication between the client and the domestic violence agency.
(3) In the case of an unemancipated minor, the minor and the parent or guardian must provide the written consent. Consent for release may not be given by a parent who has abused the minor or the minor's other parent. In the case of a disabled adult who has been appointed a guardian, the guardian must consent to release unless the guardian is the abuser of the disabled adult.
(4) To comply with federal, state, tribal, or territorial reporting, evaluation, or data collection requirements, a domestic violence agency may disclose aggregated nonpersonally identifying data about services provided to their clients and nonpersonally identifying demographic information.
(5) A copy of the disclosed information must be provided to the client, if requested by the client.
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(a) Be voluntary.
(b) Relate only to the client or the client's dependent children.
(c) Clearly describe the scope and any limitations of the information to be released.
(d) Include an expiration date for the release.
(e) Inform the client that consent can be withdrawn at any time whether it is made orally or in writing.
(2) If the written waiver of confidentiality does not include an expiration date, it must expire ninety days after the date it was signed.
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(a) The client's right to privacy and confidentiality of the information shared with the domestic violence agency.
(b) Exceptions to confidentiality as described in this chapter.
(c) That if the client signs a written waiver of confidentiality that allows their information to be shared with others, the client does not give up their right to have that information protected under other statutes, rules or laws.
(d) That the client has the right to withdraw a written waiver of confidentiality at any time.
(e) That the domestic violence agency will not condition the provision of services to the client based on a requirement that the client sign one or more releases of confidential information.
(2) Information on the "notice of rights" must be explained to the client at the time of intake into the domestic violence agency and then again, at the time the client is considering whether to sign a written waiver of confidentiality.
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Initial Training For Staff Providing Supportive Services and Staff Supervisors
(1) A minimum of twenty hours of initial basic training that covers the following topics and skills:
(a) Theory and implementation of empowerment-based advocacy.
(b) The history of domestic violence.
(c) Active listening skills.
(d) Legal, medical, social service and systems advocacy.
(e) Confidentiality and ethics.
(f) Safety planning skills and barriers to safety.
(g) Planning, clarifying issues and options, and crisis intervention.
(h) Providing services and advocacy to individuals from marginalized populations.
(i) Policies and procedures of the domestic violence agency.
Continuing Education Training For Staff Providing Supportive Services and Staff Supervisors
(2) Based on their date of hire with the domestic violence agency, staff providing supportive services and staff supervisors must obtain an annual minimum of thirty hours of continuing education training beginning in their second year with the domestic violence agency, and in every year thereafter. Continuing education training must include:
(a) A minimum of fifteen hours of training on advocacy that is directly related to serving victims of domestic violence and their children.
(b) A minimum of five hours of training on providing services and advocacy to individuals from marginalized populations.
(3) Not more than ten hours of the thirty hours of continuing education training can be obtained from video, audio, or similar self-study methods.
Training for Staff Not Providing Supportive Services
(4) Domestic violence agency staff who do not provide supportive services to clients or their dependent children are not required to obtain initial and continuing education training as described in this section. Examples of staff that are included in this category are shelter housekeeping staff, individuals providing child care assistance as defined in this chapter, and bookkeeping and accounting staff. It is recommended, however, that staff who may come into contact with clients of the domestic violence agency and their dependent children, but who do not provide supportive services, receive training on the following:
(a) Confidentiality.
(b) Relevant policies and procedures of the domestic violence agency.
(c) Mandated reporting of child abuse/neglect as required by chapter 26.44 RCW, Abuse of Children.
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(1) Date(s) of training.
(2) Title or subject matter of the training.
(3) Individual or organization that provided the training.
(4) Number of training hours received.
(5) Training method (e.g. in-person, video, audio, self-study, or other method).
(6) For continuing education training, whether the training was on advocacy or serving individuals from marginalized populations.
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(1) At least two years of experience providing advocacy to victims of domestic violence within a domestic violence agency.
(2) A minimum of fifty hours of training on domestic violence issues and advocacy within three years prior to being hired as a supervisor.
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(1) Procedures for the emergency shelter intake process, including that victims in immediate danger or immediate risk of harm will receive first priority for shelter.
(2) Confidentiality and protection of client records and communication.
(3) Nondiscrimination relating to staff, clients, and provision of services.
(4) The provision of bilingual and interpreter services to clients.
(5) Procedures for responding to calls on the crisis hotline/helpline from non-English speaking and hearing impaired callers.
(6) If you use an answering service, or any other similar system to answer your crisis hotline/helpline calls, procedures for providing training to the staff of the answering service, and how you will monitor the services provided to your agency.
(7) Procedures for responding to subpoenas and warrants.
(8) Reporting of child abuse as legally mandated.
(9) Client access to their files.
(10) Grievance procedure for clients.
(11) Emergency procedures for fire, disaster, first aid, medical and police intervention.
(12) Procedures and periods for records retention.
(13) Accounting procedures.
(14) Personnel policies and procedures that include the following:
(a) Recruitment for staff and volunteers - agencies must recruit, to the extent feasible, persons who are former victims of domestic violence to work as paid or volunteer staff.
(b) Hiring.
(c) Promotion and termination of staff.
(d) Performance evaluation.
(e) Grievance procedure for staff.
(f) Maintenance of personnel and training files, to include job descriptions for paid staff and volunteers.
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GENERAL FACILITY STANDARDS FOR SHELTER HOMES AND SAFE HOMES(1) Maintain the shelter, premises, equipment, and supplies in a clean, safe and sanitary condition, free of hazards, and in good repair.
(2) Provide guard or handrails, as necessary, for stairways, porches and balconies.
(3) Maintain swimming pools, wading pools, bathtubs, hot tubs, spas, and bathing beaches in a safe manner and in such a way that does not present a health hazard, safety problem, or nuisance.
(4) Have a method for securing all windows, doors, and other building accesses to prevent the entry of intruders.
(5) Make sure all window screens can be secured to prevent children from falling from window openings.
(6) Make sure that clients residing in shelter are able to immediately enter the shelter if they do not have the ability to independently access the facility with their own key, keycard, door code, or other device.
(7) Provide adequate lighting of exterior areas to ensure the safety of clients residing in shelter and staff during the night.
(8) Provide a way for staff to enter any area occupied by clients should there be an emergency.
(9) Secure all unused refrigerators and freezers accessible to children in such a way that prevents them from climbing in and becoming trapped.
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(1) Cribs and bassinets must have a clean, firm mattress covered with waterproof material that is easily sanitized.
(2) Crib mattresses must fit snugly to prevent the infant from being caught between the mattress and crib side rails.
(3) Cribs must be assembled correctly, and not have any missing, loose, or broken hardware or slats. There must not be any missing, loose, broken or improperly installed screws, brackets or other hardware on the crib or mattress support.
(4) Soft objects and loose bedding, including bumper pads, cannot be used in cribs and bassinets.
(5) Cribs must be made of wood, metal, or approved plastic with secure latching devices.
(6) Cribs must have no more than two and three-eighths inches of space between vertical slats so an infant's body cannot fit through the slats. There must not be any missing or cracked slats.
(7) Cribs must not have corner posts over one-sixteenth inch high so a child's clothing cannot catch.
(8) Crib headboards and footboards must not have any cutouts that would result in a child's head getting trapped.
(9) For mesh-sided cribs and playpens:
(a) Mesh must not have any tears, holes or loose threads.
(b) Mesh must be securely attached to the top rail and floor plate.
(c) Top rail covers must not have any tears or holes.
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(1) A sink for washing dishes.
(2) A refrigerator or other storage equipment capable of maintaining a consistent temperature of forty-five degrees Fahrenheit or lower.
(3) A range or stove.
(4) Covered garbage container.
(5) Eating and cooking utensils that are clean and in good repair.
(6) Counter surfaces that are clean and resistant to moisture.
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(2) You must store food and beverages, including infant formula, at the shelter to provide to clients residing in shelter when other resources are not immediately available, and for shelter residents who are unable to safely access other food resources.
(3) Milk and infant formula must be available at all times for children residing in the shelter.
(4) You must purchase and provide only food and beverages that are of safe quality to clients residing in shelter. Storage, preparation, and serving techniques must ensure that nutrients are retained and spoilage is prevented.
(5) Food and beverages prepared for clients residing in shelter must be prepared, served and stored safely and in a sanitary manner.
(6) Food must be available to prepare school lunches, if lunch is not otherwise available to the children of shelter residents.
(7) Clients residing in shelter must be provided, or have immediate access to, food that is in accordance with their religious or cultural beliefs and personal practices.
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(2) Clothing that you provide must be clean and have been stored in a sanitary manner.
(3) Clothing that is provided to an individual becomes that person's personal property and must not be shared or retrieved from the client when they leave the shelter.
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(1) You must provide at least one indoor flush-type toilet, one nearby sink for hand washing, and a bathtub or shower facility. These facilities must be located within the shelter building premises.
(2) You must comply with all of the following requirements for toilet and bathing facilities:
(a) Toilet and bathing facilities must allow for privacy of shelter residents.
(b) Toilets, urinals, and hand washing sinks must be the appropriate height for the children served, or have a safe and easily cleaned step stool or platform that is water resistant.
(c) Facilities for hand washing and bathing must be provided with hot and cold running water. Hot water must not exceed one hundred and twenty degrees Fahrenheit.
(d) Potty chairs and toilet training equipment for toddlers must be regularly maintained, disinfected, and kept in a sanitary condition. When in use, you must put potty chairs on washable, water resistant surfaces.
(e) You must provide soap and clean washcloths and towels, disposable towels or other hand-drying devices to shelter residents.
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(a) Bed linen, towels and washcloths that are clean and in good repair. After use by a client, bed linen, towels and washcloths must be laundered prior to use by another client.
(b) A clean liner for a sleeping bag unless the bag is cleaned between uses by different clients.
(2) Clients residing in shelter must be provided with changes of clean bed linen, towels and washcloths upon their request.
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(1) You must provide adequate laundry and drying equipment, or make other arrangements for getting laundry done on a regular basis. Laundry facilities in the shelter must be provided free to shelter residents.
(2) You must handle and store laundry in a sanitary manner.
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(2) The use of gas or oil-fired space heaters is prohibited.
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(1) A mechanical exhaust to the outside must ventilate toilets and bathrooms that do not have windows opening to the outside.
(2) Bedrooms and communal living areas must have a window or opening to the outdoors that can be locked or secured from the inside.
(3) Gas or oil-fired water heaters and forced-air systems must be safely vented to the outside.
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(2) All medications, including pet medications and herbal remedies, must be stored in a way that is inaccessible to children.
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(a) Be clearly labeled with the contents.
(b) Bear the manufacturer's instructions and precautions for use.
(2) You must store the following items in a place that is not accessible to children:
(a) Chemical cleaning supplies.
(b) Toxic substances.
(c) Poisons.
(d) Aerosols.
(e) Items with warning labels.
(3) You must store chemical cleaning supplies, toxic substances, and poisons separately from food items, clothing, and bedding in order to prevent contamination.
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(2) If the storage cabinet has a glass or another breakable front, you must secure the firearms with a locked cable or chain placed through the trigger guards.
(3) You must store ammunition in a place that is separate from the firearms or locked in a gun safe.
(4) You must allow access to firearms, weapons and ammunition only to authorized persons.
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ADDITIONAL STANDARDS FOR SHELTER HOMES(1) Shelter homes must provide at least one toilet, sink, and bathing facility for each fifteen clients or fraction of this number. The floors of all toilet and bathing facilities must be resistant to moisture.
(2) You must have at least one telephone at the shelter for incoming and outgoing calls. Next to the telephone in shelter homes you must post in English and other languages predominantly served by the domestic violence agency:
(a) Emergency telephone numbers.
(b) Instructions on how shelter residents can access domestic violence agency staff.
(3) In shelter homes all bathrooms, toilet rooms, laundry rooms, and janitor closets containing wet mops and brushes must have natural or mechanical ventilation in order to prevent objectionable odors and condensation.
(4) When staff serve food to clients in shelter homes, the staff must prepare the food in compliance with chapter 246-215 WAC, Temporary food service establishment.
(5) Shelter homes must request an annual fire and life safety inspection from their local fire department or fire marshal. The domestic violence agency must maintain documentation of the request as well as any report issued as a result of the inspection. Any violations noted by the inspector must be immediately corrected by the domestic violence agency.
(6) Shelter homes must meet the following requirements for bedrooms:
(a) Bedrooms must have a minimum ceiling height of seven and one-half feet.
(b) Bedrooms must provide at least fifty square feet of usable floor area per bed.
(c) Floor area where the ceiling height is less than five feet cannot be considered as usable floor area.
(7) When clients are residing in a shelter home at least one domestic violence agency staff member must be present or on-call to go to the shelter home twenty-four-hours a day, seven-days-per-week.
(8) When a shelter home is not a component of a domestic violence agency, the shelter home and domestic violence agency must have a written working agreement before the shelter home receives clients from the domestic violence agency. At a minimum, the written working agreement must include:
(a) Confirmation that the domestic violence agency has inspected the shelter home and that the shelter home complies with the general facility and additional standards for shelter homes.
(b) How supportive services will be provided to clients residing in shelter, and who will provide the supportive services.
(c) Verification that the staff providing supportive services, and staff supervisors, meet the training and experience requirements outlined in this rule.
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ADDITIONAL STANDARDS FOR SAFE HOMES(1) A prospective safe home must complete a written application to a domestic violence agency. The domestic violence agency must approve the application and provide training to the safe home staff before the home may receive clients.
(2) The domestic violence agency must maintain a written record of all safe homes. The record must include:
(a) The name and address of the person operating the safe home or an identification code for the safe home.
(b) A written safe home application.
(c) Documentation that the safe home complies with the general facility and additional standards for safe homes.
(d) Verification that safe home staff received initial basic training as outlined in this WAC by the domestic violence agency.
(3) You must have at least one telephone at the safe home for incoming and outgoing calls. You must provide the following information to clients residing in a safe home:
(a) Emergency telephone numbers.
(b) Instructions on how clients can access domestic violence agency staff.
(4) When clients are residing in a safe home at least one domestic violence agency staff member must be on-call to go to the safe home twenty-four hours a day, three hundred sixty-five days a year.
(5) Safe homes must comply with the following general fire safety requirements:
(a) Every room used by children in the safe home must have easy entry and exit, including one of these features:
(i) Two separate doors.
(ii) One door leading directly to the outside, or a window that opens to the outside and is large enough for emergency escape or rescue.
(b) Every occupied area must have access to at least one exit that does not pass through rooms or spaces that can be locked or blocked from the opposite side.
(c) No space may be lived in by a client that is accessible only by a ladder, folding stairs, or a trap door.
(d) Every bathroom door used by clients must be designed to permit the opening of the locked door from the outside.
(e) Every closet door latch must be designed to be opened from the inside.
(f) Escape and exit routes must be kept clear and must not be blocked by appliances, furniture, or other heavy objects.
(g) Flammable, combustible, or poisonous material must be stored away from exits and away from areas that are accessible to children.
(h) Open-flame devices and fireplaces, heating and cooking appliances, and products capable of igniting clothing must not be left unattended or used incorrectly.
(i) Fireplaces, wood stoves and other heating systems that have a surface hot enough to cause harm must have gates or protectors around them when in use.
(j) Multilevel dwellings must have a means of escape from an upper floor. If a fire ladder is needed to escape from an upper story window, it must be stored in a location that is easily accessible to the clients who may need it.
(k) You must place a smoke detector in good working condition in each bedroom or in areas close to where children sleep, such as a hallway. If the smoke detector is mounted on the wall, it must be twelve inches from the ceiling and a corner.
(l) If questions arise concerning fire danger, the local fire protection authority must be consulted.
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COMPLIANCE WITH STANDARDS(2) We will inspect a random number of safe homes during on-site evaluations of domestic violence agencies to measure compliance with our requirements.
(3) If a lodging unit is occupied at the time of an on-site evaluation, the domestic violence agency must give the client an opportunity to leave the unit prior to the arrival of the evaluator.
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(2) We may suspend or revoke the funding of a domestic violence agency if it is out of compliance with this chapter or the DSHS contract.
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(2) If the investigation requires that we be on-site at your domestic violence agency, you must give clients residing in lodging units an opportunity to leave the unit during the inspection.
(3) If we find that the domestic violence agency is out of compliance with the standards specified in this chapter or the terms of the DSHS contract, we will give you written notice of the deficiencies. You must correct the deficiencies according to a plan of correction we approve.
(4) We may suspend or revoke the funding of a domestic violence agency if it is out of compliance with this chapter or the DSHS contract.
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(1) To request a waiver you must submit a written request that:
(a) Clearly describes the minimum standards(s) for which the waiver is requested.
(b) Describes why the domestic violence agency is unable to meet the requirements of this chapter without the waiver.
(c) Demonstrates that granting of the waiver will not jeopardize the safety or health of clients.
(d) Shows that the absence of granting the waiver will have a detrimental effect on the provision of services.
(2) If the written waiver request proposes any substitutions of procedures, materials, service, or equipment from those specified in this chapter, the substitutions must be at least equivalent to those required.
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The following sections of the Washington Administrative Code are repealed:
| WAC 388-61A-0005 | What is the legal basis for the domestic violence shelter program? |
| WAC 388-61A-0010 | What is the purpose of having minimum standards for domestic violence shelters and services? |
| WAC 388-61A-0015 | Is DSHS required to provide funding to any domestic violence service that requests funding? |
| WAC 388-61A-0020 | What are the facility and service requirements for domestic violence services? |
| WAC 388-61A-0025 | What definitions apply to domestic violence shelters and services? |
| WAC 388-61A-0030 | What safety requirements is the shelter required to meet? |
| WAC 388-61A-0035 | What are the general requirements for bedrooms? |
| WAC 388-61A-0040 | What kind of diaper changing area must I provide? |
| WAC 388-61A-0045 | What are the kitchen requirements? |
| WAC 388-61A-0050 | Are there any restrictions on food preparation? |
| WAC 388-61A-0055 | What are the requirements for providing food and clothing to shelter residents? |
| WAC 388-61A-0060 | What are the requirements for toilets, sinks, and bathing facilities? |
| WAC 388-61A-0065 | What types of linen do I need to provide to clients? |
| WAC 388-61A-0070 | What are the requirements for laundry facilities? |
| WAC 388-61A-0075 | Are there requirements for drinking water? |
| WAC 388-61A-0080 | What are the requirements for sewage and liquid wastes? |
| WAC 388-61A-0085 | What kind of heating system is required? |
| WAC 388-61A-0090 | How must I ventilate the shelter? |
| WAC 388-61A-0095 | How much lighting is required in the shelter? |
| WAC 388-61A-0100 | Are there any requirements about pets in the shelter? |
| WAC 388-61A-0105 | What first-aid supplies must I provide? |
| WAC 388-61A-0110 | What are the requirements for storing medications? |
| WAC 388-61A-0115 | What measures must I take for pest control? |
| WAC 388-61A-0120 | What are the requirements for labeling and storing chemicals and toxic materials? |
| WAC 388-61A-0125 | Where do I keep firearms and other dangerous weapons? |
| WAC 388-61A-0130 | What are the additional requirements for a safe home? |
| WAC 388-61A-0135 | What are the additional requirements for a shelter home? |
| WAC 388-61A-0140 | What supportive services am I required to provide to clients? |
| WAC 388-61A-0145 | What is advocacy-based counseling? |
| WAC 388-61A-0146 | What information must the domestic violence service keep confidential? |
| WAC 388-61A-0147 | What information can be disclosed? |
| WAC 388-61A-0148 | What information needs to be included in a written waiver of confidentiality? |
| WAC 388-61A-0149 | What information must be provided to clients about their right to confidentiality? |
| WAC 388-61A-0150 | What type of training is required for staff of the domestic violence service? |
| WAC 388-61A-0155 | Must supervisors of domestic violence service staff have specific experience and training? |
| WAC 388-61A-0160 | What written policies and procedures do you need to have? |
| WAC 388-61A-0165 | Will DSHS do an evaluation of the domestic violence service? |
| WAC 388-61A-0170 | What will happen if I am out of compliance with my contract? |
| WAC 388-61A-0175 | What will happen if there is a complaint to DSHS about the domestic violence service? |
| WAC 388-61A-0180 | Can DSHS waive any of the minimum standards of this chapter? |