WSR 14-17-128
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed August 20, 2014, 10:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-101.
Title of Rule and Other Identifying Information: Amending chapter 388-145 WAC, Licensing requirements for group care facilities and services; chapter 388-147 WAC, Licensing requirements for child-placing agencies and adoption services; and chapter 388-148 WAC, Licensing requirements for child foster homes; and repealing chapter 388-160 WAC.
CURRENT WAC
PROPOSED WAC
Chapters 388-145, 388-147, 388-148, and 388-160 WAC
388-145
388-147
388-148
Chapter 388-145 WAC
 
 
 
 
WAC 388-145-0010
What is the purpose of this chapter?
388-145-1300
NA
NA
WAC 388-145-0020
What definitions apply to this chapter?
388-145-1305
NA
NA
WAC 388-145-0030
What is an emergency respite center?
388-145-1305
388-145-2010
NA
NA
WAC 388-145-0040
What services may be provided or arranged for by the emergency respite center?
388-145-1305
NA
NA
WAC 388-145-0050
Are there services an emergency respite center may not provide?
388-145-2025
NA
NA
WAC 388-145-0060
What age children may a center serve?
388-145-2010
NA
NA
WAC 388-145-0070
Who may place children at a center?
388-145-2015
NA
NA
WAC 388-145-0080
Is a license required?
388-145-1310
NA
NA
WAC 388-145-0090
How old do I have to be to apply for a license?
388-145-1320
NA
NA
WAC 388-145-0100
What personal characteristics must a person have to provide care to children at a center?
388-145-1330
NA
NA
WAC 388-145-0110
What personal information may I be required to provide to be licensed?
388-145-1325
NA
NA
WAC 388-145-0120
How do I apply for a license?
388-145-1325
NA
NA
WAC 388-145-0130
What is required to document completed background checks on staff?
388-145-1510 (1)(m)
NA
NA
WAC 388-145-0140
What first aid and cardiopulmonary resuscitation (CPR) training is required?
388-145-1500
NA
NA
WAC 388-145-0150
What HIV/AIDS and bloodborne pathogens training is required?
388-145-1505
NA
NA
WAC 388-145-0160
How long do I have to complete the licensing application packet?
388-145-1340
NA
NA
WAC 388-145-0170
Does the department need to approve the program I offer?
388-145-1335
NA
NA
WAC 388-145-0180
May a facility have more than one type of license?
388-145-1380
388-145-2000
NA
NA
WAC 388-145-0190
What hours may a center be open?
388-145-1305
NA
NA
WAC 388-145-0200
How does the department decide how many children a center may serve?
388-145-1365
NA
NA
WAC 388-145-0210
Will the department grant exceptions to the licensing requirements?
388-145-1395
NA
NA
WAC 388-145-0220
Does the department issue probationary licenses?
388-145-1415
NA
NA
WAC 388-145-0230
When is a license denied, suspended or revoked?
388-145-1390
NA
NA
WAC 388-145-0240
Are there any other reasons that could potentially cause me to lose my license?
388-145-1390
NA
NA
WAC 388-145-0250
What happens when a licensor is notified that a licensee has received a noncompliance support order from the division of child support?
NA
NA
NA
WAC 388-145-0260
How will the department notify me if my license is denied, suspended, or revoked?
388-145-1400(2)
NA
NA
WAC 388-145-0270
What may I do if I disagree with the department's decision to deny, suspend or revoke my license?
388-145-1405
NA
NA
WAC 388-145-0280
Where do I post my license?
388-145-1335 (2)(g)
NA
NA
WAC 388-145-0290
What changes to my center must I report to my licensor?
388-145-1550
NA
NA
WAC 388-145-0300
Must I comply with the requirements of the Washington state patrol fire protection bureau to receive a license?
388-145-1335(3)
NA
NA
WAC 388-145-0310
Do I need to notify the local fire department of the location of my center?
388-145-1665 (1), (7)
388-145-1550 (1), (a)
388-145-1555(8)
NA
NA
WAC 388-145-0320
Are local ordinances part of the licensing requirements?
388-145-1555(8)
NA
NA
WAC 388-145-0330
Are there other fire safety requirements for inside a center?
388-145-1600
388-145-1665
388-145-1555(5)
NA
NA
WAC 388-145-0340
What are the requirements for smoke detectors?
388-145-1675
NA
NA
WAC 388-145-0350
What are the requirements for a fire evacuation plan?
388-145-1670
388-145-1700(1)
NA
NA
WAC 388-145-0360
What fire prevention measures must I take?
388-145-1665
NA
NA
WAC 388-145-0370
What are the requirements for fire drills?
388-145-1685
NA
NA
WAC 388-145-0380
What fire safety procedures do center staff need to know?
388-145-1685
NA
NA
WAC 388-145-0390
What are the requirements for fire sprinkler systems?
388-145-1665(1)
NA
NA
WAC 388-145-0400
Does an ERC need approval from the department of health to operate?
388-145-1335(3)
NA
NA
WAC 388-145-0410
What are the physical structure safety requirements for a center?
388-145-1665
388-145-1555
NA
NA
WAC 388-145-0420
What are the requirements for the location of a center?
388-145-1555
NA
NA
WAC 388-145-0430
What are the requirements for emergency aid vehicle access to my center?
388-145-1555(8)
NA
NA
WAC 388-145-0440
What steps must I take to ensure children's safety around outdoor bodies of water?
388-145-1590
NA
NA
WAC 388-145-0450
What measures must I take for pest control?
38-145-1555(4)
NA
NA
WAC 388-145-0460
What are the requirements regarding pets and animals at a center?
388-145-1645
NA
NA
WAC 388-145-0470
Are alcoholic beverages allowed at a center?
388-145-1650
NA
NA
WAC 388-145-0480
Is smoking permitted around children?
388-145-1655
NA
NA
WAC 388-145-0490
May I have firearms at a center?
388-145-1660
NA
NA
WAC 388-145-0500
May I use wheeled baby walkers?
388-145-1555(14)
NA
NA
WAC 388-145-0510
Are there requirements for the storage of medications?
388-145-1850
NA
NA
WAC 388-145-0520
Are there requirements for storing dangerous chemicals or other substances?
388-145-1580
NA
NA
WAC 388-145-0530
Are first-aid supplies required?
388-145-1640
NA
NA
WAC 388-145-0540
What are the requirements for medical policies and procedures for a center?
388-145-1635 (6), (7)
NA
NA
WAC 388-145-0550
Must all children accepted for care have current immunizations?
388-145-1835(3)
NA
NA
WAC 388-145-0560
What must I do to prevent the spread of infections and communicable diseases?
388-145-1635
NA
NA
WAC 388-145-0570
How do I manage medications for children?
388-145-1855
NA
NA
WAC 388-145-0580
May I accept medicine from a child's parent or guardian?
388-145-1875
NA
NA
WAC 388-145-0590
When may children take their own medicine?
388-145-1880
NA
NA
WAC 388-145-0600
Are there general menu requirements?
388-145-1790
NA
NA
WAC 388-145-0610
How often must I feed children at a center?
388-145-1795
NA
NA
WAC 388-145-0620
How do I handle a child's special diet?
388-145-1790(7)
388-145-1800
NA
NA
WAC 388-145-0630
Do you have special requirements for serving milk?
388-145-1805
NA
NA
WAC 388-145-0640
What home canned foods may I use?
388-145-1790(3)
NA
NA
WAC 388-145-0650
What requirements must I meet for feeding babies?
388-145-1805
388-145-1810
NA
NA
WAC 388-145-0660
Are there room requirements?
388-145-1335(2)
388-145-1555
388-145-1570
NA
NA
WAC 388-145-0670
What does the room temperature at a center need to be?
388-145-1555(2)
388-145-1595 (1)(e)
NA
NA
WAC 388-145-0680
What are the kitchen requirements?
388-145-1555(3)
388-145-1790(4)
NA
NA
WAC 388-145-0690
May I use the kitchen for activities for children?
NA
NA
NA
WAC 388-145-0700
May a room be used for more than one purpose?
388-145-1595 (1)(a)
(in part)
NA
NA
WAC 388-145-0710
What are the general requirements for bedrooms?
388-145-1600
NA
NA
WAC 388-145-0720
What are the requirements for beds?
388-145-1610
NA
NA
WAC 388-145-0730
Are there requirements for the use of cribs?
388-145-1610(4)
NA
NA
WAC 388-145-0740
What are the requirements for diapers and diaper-changing areas?
388-145-1620
NA
NA
WAC 388-145-0750
What are the requirements for bathing facilities?
388-145-1565
NA
NA
WAC 388-145-0760
Do I need a telephone?
388-145-1555(10)
NA
NA
WAC 388-145-0770
What are the lighting requirements?
388-145-1555 (2) and (6)
NA
NA
WAC 388-145-0780
What are the requirements for ventilation?
388-145-1555 (2) and (12)
NA
NA
WAC 388-145-0790
What are the requirements about drinking water?
388-145-155[5] (3) and (4)
NA
NA
WAC 388-145-0800
What are the requirements for sewage and liquid wastes?
388-145-1585 (1) and (2)
NA
NA
WAC 388-145-0810
What are the requirements for laundry facilities?
388-145-1615
NA
NA
WAC 388-145-0820
What are the requirements for washing clothes?
388-145-1615 (2)(f)
NA
NA
WAC 388-145-0830
Do I need a housekeeping sink?
388-145-1560(3)
NA
NA
WAC 388-145-0840
What are the requirements for handwashing sinks?
388-145-1565
NA
NA
WAC 388-145-0850
What are the requirements for toilets?
388-145-1560
NA
NA
WAC 388-145-0860
Must a center have toilet training equipment for children?
388-145-1560 (1)(d)
NA
NA
WAC 388-145-0870
What are the requirements for indoor play areas?
388-145-1570
NA
NA
WAC 388-145-0880
What are the requirements for an outdoor play area?
388-145-1575
NA
NA
WAC 388-145-0890
What are the size requirements for an outdoor play area?
388-145-1575
NA
NA
WAC 388-145-0900
What are the requirements for playground equipment?
NA
NA
NA
WAC 388-145-0910
Are there requirements to follow when I transport children?
388-145-1755
NA
NA
WAC 388-145-0920
What does the department require for keeping client records?
388-145-1520
NA
NA
WAC 388-145-0930
What written information is needed before a child is admitted to a center?
388-145-2020
NA
NA
WAC 388-145-0940
What are the requirements for protecting a child under my care from abuse or neglect?
388-145-1390 (1)(g)
NA
NA
WAC 388-145-0950
What are the nondiscrimination requirements?
388-145-1710
NA
NA
WAC 388-145-0960
Do I have to admit or retain all children at the center?
388-145-1370
NA
NA
WAC 388-145-0970
Do I have responsibility for a child's personal hygiene?
388-145-1780
NA
NA
WAC 388-145-0980
Do I have responsibility for a child's personal items at the center?
388-145-1615(2)
NA
NA
WAC 388-145-0990
What requirements must I follow when disciplining children?
388-145-1815
NA
NA
WAC 388-145-1000
What types of disciplinary practices are forbidden?
388-145-1815 (8) and (9)
NA
NA
WAC 388-145-1010
Does the department require a written statement describing my discipline methods?
388-145-1815(1)
NA
NA
WAC 388-145-1020
What types of physical restraint are acceptable?
388-145-1820
NA
NA
WAC 388-145-1030
What types of physical restraint are not acceptable for children?
388-145-1820(3)
NA
NA
WAC 388-145-1040
What must I do following an incident that involved using physical restraint?
388-145-1825
NA
NA
WAC 388-145-1050
What incidents involving children must I report?
388-145-1535
NA
NA
WAC 388-145-1060
What is the ratio of child care staff to children at a center?
388-145-2005
NA
NA
WAC 388-145-1070
What are the requirements for supervision of children at a center?
388-145-1750
NA
NA
WAC 388-145-1080
What are the responsibilities of the director?
388-145-1425(1) (director) and 388-145-1430 (1) (program director)
NA
NA
WAC 388-145-1090
Are there general qualifications for all staff in an emergency respite center?
388-145-1470(3)
NA
NA
WAC 388-145-1100
What are the minimum qualifications and training requirements for center staff?
Qualifications: 388-145-1425 (director), 388-145-1430 (program manager), 388-145-1440 (case manager), 388-145-1445 (direct care staff, formerly child care staff), 388-145-1475 (volunteers).
Training: 388-145-1490 (pre-service) and 388-145-1495 (in-service), 388-145-1500 (first aid/CPR), 388-145-1505 (HIV/AIDS).
TB test: 388-145-1335(4).
Food handler's permit: 388-145-1790(4).
Background check: 388-145-1325(2).
NA
NA
WAC 388-145-1110
May one person hold two positions at a center?
388-145-1470
NA
NA
WAC 388-145-1120
Who must be on the premises while children are in care at a center?
388-145-1430(1)
388-145-1435
388-145-2005
NA
NA
WAC 388-145-1130
Are child care assistants allowed to provide care to a group of children without supervision?
NA-Child care assistants no longer identified in WAC.
NA
NA
WAC 388-145-1140
Are volunteers allowed to provide child care to children without supervision?
388-145-145 (1)(b)
NA
NA
WAC 388-145-1150
Do volunteers count in the staff-to-child ratio respite center?
NA-Volunteers meet the definition of direct care staff.
NA
NA
WAC 388-145-1160
Are professional consultants and case managers needed?
388-145-1460 (consultants) and 388-145-1440 (case management staff).
NA
NA
WAC 388-145-1170
What clerical, accounting and administrative services do I need?
388-145-1465(1)
NA
NA
WAC 388-145-1180
What support and maintenance staff do I need?
388-145-1465(2)
NA
NA
WAC 388-145-1190
Is in-service training required for staff?
388-145-1495
NA
NA
WAC 388-145-1200
What are the requirements for an activity program?
388-145-1735(1)
NA
NA
WAC 388-145-1210
What activities must I provide to children?
388-145-1735(2)
NA
NA
WAC 388-145-1220
What types of toys must I provide?
388-145-1735(1)
NA
NA
Chapter 388-147 WAC
 
 
 
 
WAC 388-147-0010
What authority does the department of social and health services have to license residential programs for pregnant and parenting teens and their children?
388-145-1300
NA
NA
WAC 388-147-0020
What is the purpose of this chapter?
388-145-1300
NA
NA
WAC 388-147-0030
What definitions do I need to know to understand this chapter?
388-145-1305
NA
NA
WAC 388-147-0040
Is a license required to provide care to pregnant and parenting teens and their children?
388-145-1310
NA
NA
WAC 388-147-0050
How old do I have to be to apply for a license?
388-145-1320
NA
NA
WAC 388-147-0060
What personal characteristics are needed to be licensed?
388-145-1330
NA
NA
WAC 388-147-0070
What is required when completing an application for licensing?
388-145-1325
388-145-1335
NA
NA
WAC 388-147-0080
How long does an applicant have to complete the licensing application packet?
388-145-1340
NA
NA
WAC 388-147-0090
Will the department license or continue to license a facility if the facility does not meet the licensing requirements?
388-145-1390
NA
NA
WAC 388-147-0100
Does the department issue a probationary license?
388-145-1415
NA
NA
WAC 388-147-0110
When is a license denied, suspended or revoked?
388-145-1390(1)
NA
NA
WAC 388-147-0120
Are there any other reasons that might cause me to lose my license?
388-145-1390(2)
NA
NA
WAC 388-147-0130
When is an employee or volunteer disqualified from having unsupervised access to a child or youth in a licensed facility?
388-145-1400
NA
NA
WAC 388-147-0140
How is the applicant or licensee notified if the department decides to modify, deny, suspend, or revoke a license?
388-145-1390(3)
NA
NA
WAC 388-147-0150
What may an applicant or licensee do if he or she disagrees with the department's decision to modify, deny, suspend or revoke the license?
388-145-1405
NA
NA
WAC 388-147-0160
Does the department need to approve the program offered for pregnant and parenting teens?
388-145-2125
NA
NA
WAC 388-147-0170
Is a program description required as part of the license application?
388-145-1335(1)
NA
NA
WAC 388-147-0180
What must be included in a pregnant and parenting teen program?
388-145-2120(2)
NA
NA
WAC 388-147-0190
What independent living skills may be offered?
388-145-2120(3)
NA
NA
WAC 388-147-0200
Is a residential facility for pregnant and parenting teens required to provide childcare?
388-145-2120(5)
NA
NA
WAC 388-147-0210
What are the requirements about nondiscrimination?
388-145-1710
NA
NA
WAC 388-147-0220
Is participation in the program conditional on a teen's decision about keeping or relinquishing her child?
388-145-2125(2)
NA
NA
WAC 388-147-0230
What are your requirements for keeping client records?
388-145-1520
NA
NA
WAC 388-147-0240
What personnel policies must a program have?
388-145-1420 (1)(d)
388-145-1510 (1)(m)
NA
NA
WAC 388-147-0250
Must the facility license be posted?
388-145-1345
NA
NA
WAC 388-147-0260
What are the qualifications for an executive director?
388-145-1425
NA
NA
WAC 388-147-0270
Is a supervisor or case consultant needed?
388-145-1460
NA
NA
WAC 388-147-0280
What are the qualifications of a case manager?
388-145-1440
NA
NA
WAC 388-147-0290
What are the responsibilities of the case manager?
388-145-1440(1)
NA
NA
WAC 388-147-0300
What are the required ratios of case management staff to youth?
388-145-1480
NA
NA
WAC 388-147-0310
Is an on-site facilities manager required?
388-145-1430(1)
NA
NA
WAC 388-147-0320
What are the qualifications for an on-site facilities manager?
388-145-1430(3)
NA
NA
WAC 388-147-0330
What are the responsibilities of the on-site facilities manager?
388-145-1430(1)
NA
NA
WAC 388-147-0340
What clerical, accounting and administrative services are needed?
388-145-1465(1)
NA
NA
WAC 388-147-0350
What support and maintenance staff are needed?
388-145-1465(2)
NA
NA
WAC 388-147-0360
What first aid and cardiopulmonary resuscitation (CPR) training is required?
388-145-1500
NA
NA
WAC 388-147-0370
What HIV/AIDS and bloodborne pathogens training is required?
388-145-1505
NA
NA
WAC 388-147-0380
What steps must be taken to prevent the spread of infections and communicable diseases?
388-145-1635
NA
NA
WAC 388-147-0390
Is in-service training required?
388-145-1495
NA
NA
WAC 388-147-0400
What types of disciplinary practices are forbidden at a facility?
388-145-1815 (8) and (9)
NA
NA
WAC 388-147-0410
What are the reporting requirements?
388-145-1535
NA
NA
WAC 388-147-0420
What changes to a facility must the licensee report to the licensor?
388-145-1550
NA
NA
WAC 388-147-0430
How is the capacity determined for a facility?
388-145-1365
NA
NA
WAC 388-147-0440
Are there general food service requirements?
388-145-1790
NA
NA
WAC 388-147-0450
What are the requirements for managing medications?
388-145-1855
NA
NA
WAC 388-147-0460
What are the requirements for transporting children and youth?
388-145-1755
NA
NA
WAC 388-147-0470
What are the requirements for beds?
388-145-1610
NA
NA
WAC 388-147-0480
May wheeled baby walkers be used?
388-145-1555(14)
NA
NA
WAC 388-147-0490
What health and safety requirements are there?
388-145-1335(3)
NA
NA
WAC 388-147-0500
Are local ordinances part of the licensing requirements?
388-145-1355
NA
NA
WAC 388-147-0510
What are the requirements regarding the location of a facility?
388-145-1555(11)
NA
NA
WAC 388-147-0520
What physical structure safety requirements must a facility meet?
388-145-1555(1)
NA
NA
WAC 388-147-0530
What measures are required for pest control?
388-145-1555(4)
NA
NA
WAC 388-147-0540
What are the requirements regarding pets and animals in a facility?
388-145-1645
NA
NA
WAC 388-147-0550
Are alcoholic beverages or illegal drugs allowed at a facility?
388-145-1[6]50
NA
NA
WAC 388-147-0560
Is smoking permitted around children or youth?
388-145-1655
NA
NA
WAC 388-147-0570
Are firearms allowed at a facility?
388-145-1660
NA
NA
WAC 388-147-0580
What are the requirements for storing dangerous chemicals or other substances?
388-145-1580
NA
NA
WAC 388-147-0590
What first-aid supplies are needed?
388-145-1640
NA
NA
WAC 388-147-0600
Is a telephone required at the facility?
388-145-1555(10)
NA
NA
WAC 388-147-0610
What are the lighting requirements for the facility?
388-145-1555(2)
NA
NA
WAC 388-147-0620
What are the requirements for laundry facilities?
388-145-1615(3)
NA
NA
WAC 388-147-0630
What are the requirements for toilets, sinks, and bathing facilities?
388-145-1560
NA
NA
WAC 388-147-0640
What are the requirements about drinking water?
388-145-1585(3)
NA
NA
WAC 388-147-0650
What are the requirements for sewage and liquid wastes?
388-145-1585 (1) and (2)
NA
NA
WAC 388-147-0660
Is a disaster plan required?
388-145-1670
NA
NA
WAC 388-147-0670
What fire safety procedures do case management and facility staff need to know?
388-145-1665(3)
NA
NA
WAC 388-147-0680
What fire safety requirements must the licensee follow?
388-145-1665(1)
NA
NA
WAC 388-147-0690
What other requirements must I follow for smoke detectors?
388-145-1675
NA
NA
WAC 388-147-0700
What fire safety instruction is required for children and youth residing in a facility?
388-145-1685
388-145-1670 (2)(a)
NA
NA
WAC 388-147-0710
What are the requirements for a fire or other emergency evacuation plan?
388-145-1670
NA
NA
WAC 388-147-0720
Are there different construction and fire safety requirements for facilities that have multiple licenses in the same building?
388-145-1695
NA
NA
Chapter 388-148 WAC
 
 
 
 
WAC 388-148-0005
What is the purpose of this chapter?
388-145-1300
388-147-1300
388-148-1300
WAC 388-148-0010
What definitions do I need to know to understand this chapter?
388-145-1305
388-147-1305
388-148-1305
WAC 388-148-0015
Am I required to have a license to provide care to children?
388-145-1310
388-147-1310
388-148-1310
WAC 388-148-0020
When is a license not required if I provide care to children?
388-145-1310
388-147-1310
388-148-1310
WAC 388-148-0025
How do you decide how many children I may serve in my home or facility?
388-145-1365
388-147-1390(2)
388-148-1385
WAC 388-148-0030
How old do I have to be to apply for a license to provide care to children?
388-145-1320
388-147-1320
388-148-1365(1)
WAC 388-148-0035
What personal characteristics do I need to provide care to children?
388-145-1330(4)
388-147-1330(4)
388-148-1365
WAC 388-148-0040
What first-aid and cardiopulmonary resuscitation (CPR) training is required?
388-145-1500
388-147-1510
388-148-1375 (2)(a) and (b)
WAC 388-148-0045
What HIV/AIDS and bloodborne pathogens training is required?
388-145-1505
388-147-1515
388-148-1375 (2)(c)
WAC 388-148-0050
How do I apply for a license?
388-145-1325
388-147-1325
388-148-1315
WAC 388-148-0055
How long do I have to complete the licensing application packet?
388-145-1340
388-147-1340
388-148-1315(1)
388-148-1340
WAC 388-148-0058
May I receive more than one in-home family license?
388-145-1380
388-147-1375
388-148-1330
WAC 388-148-0060
May my relative or I be certified by a child-placing agency to be a foster parent and be an employee of that same agency?
NA
NA
388-148-1355
WAC 388-148-0065
When may I be certified to provide care to children?
388-145-1385
NA
388-148-1360
WAC 388-148-0070
Is there a difference between licensing and certification?
NA
388-147-1345
388-147-1350
388-148-1350
WAC 388-148-0075
May I be licensed with the department and certified by a child-placing agency at the same time?
NA
NA
388-148-1350(2)
WAC 388-148-0080
What may I do if I disagree with the decision of a child-placing agency that I do not meet the licensing requirements?
NA
NA
388-148-1350
WAC 388-148-0085
Will the department license or continue to license a home or facility if the home or facility does not meet the licensing requirements?
388-145-1395
388-147-1415
388-148-1630
WAC 388-148-0090
Does the department issue [a] probationary license?
388-145-1415
388-147-1435
388-148-1655
WAC 388-148-0095
When are licenses denied, suspended or revoked?
388-145-1390
388-145-1350
388-147-1410
388-147-1360
388-148-1625
388-148-1345
WAC 388-148-0098
When is an employee or volunteer disqualified from having unsupervised access to a child in a licensed home, facility, or agency?
388-145-1400
388-147-1420
388-148-1635
WAC 388-148-0100
Are there any other reasons that might cause me to lose my license?
388-145-1390
388-147-1410
388-148-1640
WAC 388-148-0105
How do you notify me if you have modified, denied, suspended, or revoked my license?
388-145-1390(3)
388-147-1410(3)
388-148-1635(2)
WAC 388-148-0110
What may I do if I disagree with your decision to modify, deny, suspend or revoke my license?
388-145-1390(3)
388-147-1410(3)
388-148-1645
WAC 388-148-0115
May I appeal the decision of the office of administrative hearings' administrative law judge?
388-145-1405
388-145-1410
388-147-1425
388-147-1430
388-148-1645
388-148-1650
WAC 388-148-0120
What incidents involving children must I report?
388-145-1535
388-147-1540
388-148-1420
WAC 388-148-0123
What are my reporting responsibilities when a child is missing from care?
388-145-1540
388-147-1545
388-148-1425
WAC 388-148-0125
What are your requirements for keeping client records?
388-145-1520
388-145-1525
388-147-1525
388-147-1530
388-147-1655(6)
388-147-1720
388-148-0405 [1405]
WAC 388-148-0127
What are the requirements for information kept in facility logs for staffed residential homes and group care programs?
388-145-1515
NA
NA
WAC 388-148-0130
What information may I share about a child or a child's family?
388-145-1530
388-147-1535
388-148-1410
WAC 388-148-0135
What changes to my home or facility must I report to my licensor?
388-145-1550
388-147-1550
388-148-1430
WAC 388-148-0140
What personnel policies must I have?
388-145-1420 (1)(d)
388-145-1510 (1)(m)
388-145-1335 (1)(c)
388-147-1520
NA
WAC 388-148-0145
Where do I post my license?
388-145-1345(3)
388-145-1335 (2)(g)
388-147-1335 (2)(f)
388-148-1325(3)
WAC 388-148-0150
Are local ordinances part of the licensing requirements?
388-145-1355
388-147-1365
388-148-1440(8)
WAC 388-148-0155
What physical structure safety requirements must my home or facility meet?
388-145-1555
388-147-1555
388-148-1440
WAC 388-148-0160
What measures must I take for pest control?
388-145-1555(4)
NA
388-148-1440 (2)(b)
WAC 388-148-0165
What are the requirements regarding the location of my home or facility?
388-145-1555 (7), (8), (9)
388-147-1555
388-147-1375(2)
388-147-1550 (1)(a)
388-148-1465(9)
388-148-1440(7)
WAC 388-148-0170
What steps must I take to ensure children's safety around outdoor bodies of water?
388-145-1590
NA
388-148-1455
WAC 388-148-0175
What are your requirements regarding pets and animals in my home or facility?
388-145-1645
NA
388-148-1480
WAC 388-148-0180
Are alcoholic beverages or illegal drugs allowed at my home or facility?
388-145-1650
388-147-1565
388-148-1485
WAC 388-148-0185
Is smoking permitted around children?
388-145-1655
388-147-1570
388-148-1495
WAC 388-148-0190
May I have firearms in my home or facility?
388-145-1660
388-147-1575
388-148-1500
WAC 388-148-0195
What are your requirements for storing dangerous chemicals or other substances?
388-145-1580
NA
388-148-1440 (2)(c) and (3)
WAC 388-148-0200
Do I need first-aid supplies?
388-145-1640
388-147-1625 (3)(c)
388-148-1550(7)
WAC 388-148-0205
What requirements are there for the storage of medications?
388-145-1850
NA
388-148-1565
388-148-1570
WAC 388-148-0210
What requirements do I need to follow when I transport children?
388-145-1755
388-147-1625
388-148-1510
WAC 388-148-0215
May I use wheeled baby walkers?
388-145-1555(14)
NA
388-148-1450(4)
WAC 388-148-0220
What fire safety requirements must I follow to qualify for a license?
388-145-1665
388-147-1580
388-148-1465
WAC 388-148-0225
What fire safety requirements are there for exits?
388-145-1665
388-145-1600(3)
388-145-1555(5)
NA
388-148-1465(2)
WAC 388-148-0230
Are there other fire safety requirements for inside a foster home or staffed residential home licensed for five or fewer children?
388-145-1600
NA
NA
WAC 388-148-0235
What are the requirements for smoke detectors for foster homes and staffed residential homes licensed for five or fewer children?
388-145-1675(1)
388-147-1580 (1)(b)
388-148-1465(6)
WAC 388-148-0240
What are the requirements for fire extinguishers in homes and facilities?
388-145-1690
388-147-1580(2)
388-148-1465(7)
WAC 388-148-0245
What fire escape measures must be taken for multilevel homes and facilities?
388-145-1665 (1), (4)(d)
NA
388-148-1465(2)
WAC 388-148-0250
What fire safety instructions must I give to children residing in a home or staffed residential home licensed for five or fewer children?
388-145-1665(2)
NA
388-148-1460(4)
WAC 388-148-0255
What are the requirements for a fire evacuation plan?
388-145-1670
388-145-1685
388-147-1585
388-148-1460
WAC 388-148-0260
What are the general requirements for bedrooms?
388-145-1600
388-145-2105
NA
388-148-1470
WAC 388-148-0265
What are additional requirements for bedrooms for more than one person?
388-145-1605
NA
388-148-1475
WAC 388-148-0270
What are the requirements for beds?
388-145-1610
388-145-2105
NA
388-148-1470
WAC 388-148-0275
Do I need a telephone at my home or facility?
388-145-1335 (2)(b)
388-145-1555(10)
388-147-1335 (2)(b)
388-147-1555(1)
388-148-1450(3)
WAC 388-148-0280
What are the lighting requirements for my home or facility?
388-145-1555 (2)(6)
388-147-1555(1)
388-148-1440(1)
WAC 388-148-0290
What does the room temperature for my home or facility need to be?
388-145-1555(2)
388-145-1595 (1)(e)
388-147-1555(1)
388-148-1440(1)
WAC 388-148-0300
How must I ventilate my home or facility?
388-145-1615 (1)(e)
388-145-1555(2)
388-147-1555(1)
388-148-1440(1)
WAC 388-148-0305
What are the requirements for laundry facilities?
388-145-1615
388-147-1555(1)
388-148-1440(4)
WAC 388-148-0310
What are the requirements for washing clothes?
388-145-1615 (3)(f)
388-147-1555(1)
388-148-1440(4)
WAC 388-148-0315
What are the requirements for toilets, sinks, and bathing facilities?
388-145-1560
388-145-1565
388-147-1555(1)
388-148-1440(1)
WAC 388-148-0320
What are the requirements about drinking water?
388-145-1585
388-147-1555(1)
388-148-1445(2)
388-148-1520(9)
WAC 388-148-0325
What are the requirements for sewage and liquid wastes?
388-145-1585
388-147-1555(1)
388-148-1445(1)
WAC 388-148-0330
Am I required to obtain a child's health history?
388-145-1835
388-145-1520 (3)(e)
388-147-1525
388-147-1630
388-148-1415
WAC 388-148-0335
When must I get an EPSDT exam for a child under my care?
388-145-1840
388-147-1640
388-148-1550(3)
WAC 388-148-0340
What are the requirements for immunizations for children?
388-145-1885
388-147-1525 (4)(e) and (f)
388-148-1555
WAC 388-148-0345
What must I do to prevent the spread of infections and communicable diseases?
388-145-1635
388-147-1560
388-148-1505
WAC 388-148-0350
What are the requirements for obtaining consent for medical care for children under my care?
388-145-1845
388-147-1645
388-148-1560
WAC 388-148-0352
What are the requirements for the management of medication for children in my care?
388-145-1855
388-145-1860
388-145-1865
388-145-1870
388-147-1635 (1)(b)
388-148-1565
388-148-1570
388-148-1575
388-148-1585
388-148-1590
WAC 388-148-0355
May I accept medicine from a child's parent or guardian?
388-145-1875
388-147-1650
388-148-1595
WAC 388-148-0365
When may children take their own medicine?
388-145-1880
NA
388-148-1580
WAC 388-148-0370
What food and meal guidelines must I follow?
388-145-1790
NA
388-148-1515
WAC 388-148-0375
How often must I feed children?
388-145-1795
NA
388-148-1515(1)
WAC 388-148-0380
How do I handle a child's special diet?
388-145-1800
388-145-2075
NA
388-148-1515(4)
WAC 388-148-0385
Are there special requirements for serving milk?
388-145-1805
NA
388-148-1515 (5) - (7)
WAC 388-148-0390
What home-canned foods may I use?
388-145-1790(3)
NA
388-148-1515(3)
WAC 388-148-0395
What requirements must I meet for feeding babies?
388-145-1805 (3), (4), (5)
NA
388-148-1520(3)
WAC 388-148-0400
What are the requirements for diapers and diaper-changing areas?
388-145-1620
NA
388-148-1415(1)
WAC 388-148-0405
Do I have responsibility for a child's clothing?
388-145-1615
NA
388-148-1470
388-148-1520(9)
WAC 388-148-0410
May a child take personal belongings after being discharged from a home or facility?
388-145-1775
NA
388-148-1545
WAC 388-148-0415
Do I have responsibility for a child's personal hygiene?
388-145-1780
NA
388-148-1520(9)
WAC 388-148-0420
What are the requirements for protecting a child under my care from abuse and neglect?
388-145-1300(1)
388-145-2010
388-147-1300(1)
388-148-1300(1)
388-148-1520(1)
WAC 388-148-0422
What are the requirements for privacy for children in out-of-home placements?
388-145-1785
388-145-1600
388-145-1790(7)
NA
388-148-1540
WAC 388-148-0425
What are the requirements about nondiscrimination?
388-145-1710
388-147-1595
388-148-1520(6)
WAC 388-148-0430
May I take a foster child to church services, temple, mosque or synagogue?
388-145-1705
NA
388-148-1520(8)
WAC 388-148-0435
Do I have to admit or retain all children?
388-145-1370
388-147-1395
388-148-1395
WAC 388-148-0440
What must I consider in assigning work to children in my home or facility?
388-145-1765
NA
388-148-1530(4)
WAC 388-148-0445
What toys and activities must I provide to children?
388-145-1735
NA
388-148-1520 (2)(d) and (9)
WAC 388-148-0455
Do I need permission to travel on an overnight trip or out-of-state with my foster child?
388-145-1760
NA
388-148-1435
WAC 388-148-0460
What requirements do you have for supervising children?
388-145-1750
388-147-1620
388-148-1610
WAC 388-148-0465
What requirements must I follow when disciplining children?
388-145-1815
NA
388-148-1615
WAC 388-148-0470
What types of disciplinary practices are forbidden?
388-145-1815 (7), (8), (9)
NA
388-148-1615(4)
WAC 388-148-0475
Do you require a written statement describing my discipline methods?
388-145-1815(1)
NA
388-148-1615(7)
WAC 388-148-0480
When may a child be restrained?
388-145-1820
NA
388-148-1620
WAC 388-148-0485
What types of physical restraint are not acceptable for children?
388-145-1820(3)
NA
388-148-1620(2)
WAC 388-148-0487
Are there requirements for time-out or quiet rooms?
388-145-1830
NA
388-148-1615 (4)(d)
WAC 388-148-0488
Are time-delay mechanisms allowed on windows and doors of a facility or staffed residential home licensed for six?
388-145-1630
NA
NA
WAC 388-148-0490
What must I do following an incident that involved using physical restraint?
388-145-1825
NA
388-148-1620(3)
WAC 388-148-0505
What services must a foster parent be able to provide?
NA
NA
388-148-1520
WAC 388-148-0510
What educational support must I provide to children under my care?
388-145-1730
NA
388-148-1525
WAC 388-148-0515
What is the minimum age to be a foster parent?
NA
NA
388-148-1365(1)
WAC 388-148-0520
What are the training requirements for foster parents and prospective foster parents?
NA
NA
388-148-1375
388-148-1380
WAC 388-148-0525
How many children may my foster home serve?
NA
NA
388-148-1385
WAC 388-148-0530
May I be employed if I am a foster parent?
NA
NA
388-148-1365(2)
388-148-1370 (1)(d)
WAC 388-148-0535
Do I need to have income separate from foster care payments?
NA
NA
388-148-1365(2)
WAC 388-148-0540
When may I use respite care?
NA
NA
388-148-1600(2)
WAC 388-148-0541
Excluding respite care, who may provide care to a foster child in the foster home when the foster parent is away from the home?
NA
NA
388-148-1605
WAC 388-148-0542
May a foster child be supervised by someone under eighteen in the foster home?
NA
NA
388-148-1605(5)
WAC 388-148-0545
May I place my foster child with another family temporarily?
NA
388-147-1400
388-148-1395(2)
WAC 388-148-0550
May my foster children participate in routine activities without a licensed provider supervising the activity?
NA
NA
388-148-1530
WAC 388-148-0555
Do I need a social summary for children under my care?
388-145-1720
388-147-1600
NA
WAC 388-148-0560
Do I need a treatment plan for children under my care?
388-145-1725
388-147-1605
388-148-1400(1)
WAC 388-148-0565
Do you need to approve the program that I offer for children under my care?
388-145-1335
388-147-1330(7)
388-147-1335
NA
WAC 388-148-0570
What education and vocational instruction must I provide to the children under my care?
388-145-1730
NA
388-148-1525
WAC 388-148-0575
What medical policies and procedures must I have?
388-145-1635
NA
NA
WAC 388-148-0580
What nursing services must I provide?
388-145-2065
NA
NA
WAC 388-148-0585
What social service staff do I need?
388-145-1440
388-147-1455
NA
WAC 388-148-0590
What clerical, accounting and administrative services do I need for my home or facility?
388-145-1465
388-147-1480
NA
WAC 388-148-0595
What support and maintenance staff do I need for my home or facility?
388-145-1465
388-147-1480
NA
WAC 388-148-0600
Do I need professional consultants for my program?
388-145-1460
388-147-1470
NA
WAC 388-148-0605
Is in-service training required?
388-145-1495
388-147-1505
NA
WAC 388-148-0610
What are the required ratios of social service staff to children under care?
388-145-1480
388-145-1470
388-145-2090
388-145-2140
388-145-2160
388-145-2195
388-147-1495
NA
WAC 388-148-0620
What safety features do I need for hazardous areas?
388-145-1335(3)
388-145-1675(3)
388-147-1555
NA
WAC 388-148-0625
What other requirements must I follow for smoke detectors?
388-145-1675(2)
NA
NA
WAC 388-148-0640
What fire safety procedures do staff of a group care facility and a staffed residential home licensed for six children need to know?
388-145-1665
NA
NA
WAC 388-148-0645
What are the requirements for fire drills and testing smoke detectors?
388-145-1685
388-147-1580
NA
WAC 388-148-0655
Are there different construction and fire safety requirements for facilities that have multiple licenses in the same building?
388-145-1695
388-147-1375
NA
WAC 388-148-0660
Do mealtimes need to be established?
388-145-1790
NA
NA
WAC 388-148-0665
Do you have general menu requirements?
388-145-1395
NA
NA
WAC 388-148-0670
What types of group care programs are licensed to provide care to children?
388-145-1300
NA
NA
WAC 388-148-0680
What basic elements must a group care program include?
388-145-1745
NA
NA
WAC 388-148-0685
Who may a group care program provider serve?
388-145-1360
NA
NA
WAC 388-148-0690
What services must I provide if I have a group care license?
388-145-1300(2)
NA
NA
WAC 388-148-0695
Must I give a child an allowance?
388-145-1770
NA
NA
WAC 388-148-0700
What are the qualifications for an executive director for a group care program or child-placing agency?
388-145-1425
388-147-1445
NA
WAC 388-148-0705
Do I need an on-site program manager or social service staff at each group care facility?
388-145-1430(1)
388-147-1450
NA
WAC 388-148-0710
What are the responsibilities of the on-site program manager or social service staff for a group care facility?
388-145-1430(1)
388-145-1435
388-147-1450(1)
NA
WAC 388-148-0715
What qualifications must the on-site program manager, or social service staff for a group care program or a CPA program manager have?
388-145-1430 (2) - (6)
388-145-1470
388-147-1450 (2) - (6)
388-147-1485
NA
WAC 388-148-0718
What are the responsibilities for child care staff at a group care program?
388-145-1445
NA
NA
WAC 388-148-0720
What are the qualifications for child care staff and case aides?
388-145-1445
388-147-1460
NA
WAC 388-148-0722
What are the qualifications for health care staff for a group care program or a child-placing agency caring for medically fragile children?
388-145-1455
388-147-1465
NA
WAC 388-148-0725
What is the ratio of child care staff to children in group care facilities?
388-145-1480
388-147-1495
NA
WAC 388-148-0730
Are there room requirements for group care facilities?
388-145-1595
388-145-1570(4)
388-145-2145
388-147-1335(2)
NA
WAC 388-148-0740
What are the kitchen requirements?
388-145-1555 (1)(d)
388-145-1600(5)
388-145-1615 (1)(d)
NA
NA
WAC 388-148-0745
Who may provide maternity services?
388-145-1300(2)
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0750
What maternity services must I provide?
388-145-2120
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0755
How are maternity services delivered?
388-145-2125
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0760
Do you need to approve daily activities that I offer to expectant or new mothers?
388-145-2125(1)
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0765
What types of health education must I offer expectant and new mothers?
388-145-2130
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0770
Is a group care program required to provide child care?
388-145-2120 (3)(n), (5)
NA
NA
WAC 388-148-0775
Do expectant and new mothers need to be under a physician's care?
388-145-2120 (1)(d)
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0780
What are my responsibilities if a specialist is required?
388-145-2120 (1)(f)
388-147-1315(3)
388-148-1505(4)
WAC 388-148-0785
What is the proper ratio of staff to children in home or group care facilities offering maternity services?
388-145-2140
NA
NA
WAC 388-148-0790
Do you have room requirements for facilities offering maternity services?
388-145-2135
388-145-1595
388-145-2145
NA
388-148-1475(2)
WAC 388-148-0795
How is capacity determined for a maternity services facility?
388-145-2135(1)
NA
388-148-1385(5)
WAC 388-148-0800
What is the purpose of day treatment programs?
388-145-1305
NA
NA
WAC 388-148-0805
What staff must my day treatment program have?
388-145-1995
NA
NA
WAC 388-148-0810
What consultants must my day treatment program have?
388-145-1995(1)
NA
NA
WAC 388-148-0815
What is the ratio of counselor and teaching staff to children in a day treatment program?
388-145-1990
NA
NA
WAC 388-148-0820
What type of care is offered for medically fragile children and children with severe developmental disabilities?
388-145-2065
388-147-1315(3)
388-148-1400
388-148-1505(4)
WAC 388-148-0825
Who provides services for medically fragile children and children with severe developmental disabilities?
388-145-2065(2)
388-147-1315
388-148-1400
WAC 388-148-0830
What services must be provided for medically fragile children and children with severe developmental disabilities?
388-145-2065(2)
388-147-1315
388-147-1655
388-148-1400
WAC 388-148-0835
Do I need to have a multidisciplinary care plan for medically fragile children and children with severe developmental disabilities?
388-145-2065(2)
NA
NA
WAC 388-148-0840
What must the multidisciplinary care plan for a medically fragile child or a child with severe developmental disabilities include?
388-145-2065
NA
NA
WAC 388-148-0845
What are the requirements for nurses in programs who care for medically fragile children or children with severe developmental disabilities?
388-145-2065
 
388-148-1505(4)
WAC 388-148-0850
When do I use a nurse?
388-145-2065(2)
 
388-148-1505(4)
WAC 388-148-0855
Do I need to provide a therapy room for children with severe developmental disabilities?
388-145-1570(3)
NA
NA
WAC 388-148-0860
Are there room requirements for group care facilities for medically fragile children less than age six?
388-145-1570(4)
388-145-1595
NA
NA
WAC 388-148-0865
What food requirements exist for medically fragile children and children with severe developmental disabilities?
388-145-2075
NA
388-148-1400
WAC 388-148-0870
What additional recordkeeping requirements exist for medically fragile children and children with severe developmental disabilities?
388-145-2070
NA
388-148-1400
WAC 388-148-0875
What types of crisis residential centers may be licensed?
388-145-1890
NA
NA
WAC 388-148-0880
What levels of secure CRCs exist?
388-145-1890
NA
NA
WAC 388-148-0885
What are the requirements for a level-one secure CRC?
388-145-1915
388-145-1920 (removed levels for secure CRCs)
NA
NA
WAC 388-148-0890
What are the requirements for a level-two secure CRC?
388-145-1915
388-145-1920 (removed levels for secure CRCs)
NA
NA
WAC 388-148-0892
What are the requirements for a level three secure CRC?
388-145-1915
388-145-1920 (removed levels for secure CRCs)
NA
NA
WAC 388-148-0895
May a juvenile detention center operate as a separate secure CRC program?
388-145-1925
NA
NA
WAC 388-148-0900
What youth may a CRC serve?
388-145-1900
388-145-1905
NA
NA
WAC 388-148-0905
Can law enforcement officers place youth in secure CRCs?
388-145-1905 (1)(b)
NA
NA
WAC 388-148-0910
What hours do CRCs have to be open?
388-145-1985
NA
NA
WAC 388-148-0915
What steps must be taken after a youth is admitted into a CRC?
388-145-1930
NA
NA
WAC 388-148-0920
What if a youth seems unlikely to remain in a regular CRC?
388-145-1930(3)
NA
NA
WAC 388-148-0925
What happens when no space exists at a secure CRC?
388-145-1945
NA
NA
WAC 388-148-0930
How is a youth transferred from one type of CRC to another?
388-145-1940(3)
388-145-1950
NA
NA
WAC 388-148-0940
What does a youth's orientation to a CRC need to include?
388-145-1700
NA
NA
WAC 388-148-0945
What intervention services must be provided or arranged for by the CRC?
388-145-1955
NA
NA
WAC 388-148-0950
What behavior management practices are required for a CRC?
388-145-1490 (1)(k)
388-145-1495
388-145-1820
NA
NA
WAC 388-148-0955
What is the purpose of a multidisciplinary team in a CRC?
388-145-1965
NA
NA
WAC 388-148-0960
When may a multidisciplinary team be requested?
388-145-1970
NA
NA
WAC 388-148-0965
How is a multidisciplinary team convened?
388-145-1975
NA
NA
WAC 388-148-0970
May a parent disband the multidisciplinary team?
388-145-1980
NA
NA
WAC 388-148-0975
What qualifications must a crisis residential center executive director have?
388-145-1425
NA
NA
WAC 388-148-0980
Do I need a program manager on-site at each facility?
388-145-1430
NA
NA
WAC 388-148-0985
What qualifications must the on-site program manager for a crisis residential program have?
388-145-1430(3)
NA
NA
WAC 388-148-0990
What additional qualifications must the crisis residential center youth care staff have?
388-145-1450
NA
NA
WAC 388-148-0995
What are the ratio requirements of youth care staff to youth in crisis residential centers?
388-145-1910
NA
NA
WAC 388-148-1000
What training must staff at a crisis residential center have?
388-145-1490
388-145-1495
388-145-1500
388-145-1505
388-147-1500
388-147-1505
388-147-1510
388-147-1515
NA
WAC 388-148-1005
What recordkeeping is required for crisis residential centers?
388-145-1515
NA
NA
WAC 388-148-1010
What additional recordkeeping requirements exist for secure crisis residential centers?
388-145-1960
NA
NA
WAC 388-148-1015
What is the purpose of a staffed residential home?
388-145-1305
NA
NA
WAC 388-148-1025
What must be included in a written program description for a staffed residential home?
388-145-1335
NA
NA
WAC 388-148-1030
What services must a staffed residential home provide?
388-145-1755
388-145-1750
388-145-1570
388-145-1575
NA
NA
WAC 388-148-1035
Who must be on the premises when children are under care at a staffed residential home?
388-145-1480
388-145-2195
NA
NA
WAC 388-148-1040
What are the qualifications for staff at a staffed residential home?
388-145-1420
388-145-1425
388-145-1430
388-145-1445
NA
NA
WAC 388-148-1045
What is the ratio of child care staff to children in staffed residential homes?
388-145-1480
388-145-2195
NA
NA
WAC 388-148-1050
How many children may I serve in my staffed residential home?
388-145-2190
NA
NA
WAC 388-148-1055
Are there room requirements for staffed residential homes?
388-145-1555
388-145-1570
388-145-1595
NA
NA
WAC 388-148-1060
What services may a child-placing agency provide?
NA
388-147-1315 (2) and (3)
388-147-1590
388-147-1655
NA
WAC 388-148-1066
What written information is needed before a child is accepted for care by a child-placing agency?
NA
388-147-1400
NA
WAC 388-148-1070
What health histories need to be provided to foster or adoptive parents?
NA
388-147-1670(3)
NA
WAC 388-148-1075
When may child-placing agencies from outside the state place children in this state?
NA
Eliminated, already covered in ICPC agreements
NA
WAC 388-148-1076
What are the qualifications for an executive director, a program manager/social service staff, and a consultant for a child-placing agency?
NA
388-147-1445
NA
WAC 388-148-1077
What are the qualifications for a case aide for a child-placing agency program?
NA
388-147-1460
NA
WAC 388-148-1078
What are the qualifications for health care staff hired or contracted by a child-placing agency to provide services to children in care?
NA
388-147-1465
NA
WAC 388-148-1079
What are the qualifications for the foster home licensor for a child-placing agency?
NA
388-147-1475
NA
WAC 388-148-1080
Are child-placing agencies required to have office space?
NA
388-147-1335(2)
NA
WAC 388-148-1085
How may my child-placing agency certify a foster home for licensing by the department?
NA
388-145-1350
NA
WAC 388-148-1090
What children may child-placing agency foster homes accept?
NA
388-145-1385
NA
WAC 388-148-1095
May different child-placing agencies share eligible foster parents for placement?
NA
388-147-1385
NA
WAC 388-148-1100
What do I need to consider in making foster care placements?
NA
388-147-1400
NA
WAC 388-148-1105
May I share information about the child with the foster parents?
NA
388-147-1405
NA
WAC 388-148-1110
How often should the case manager contact the foster child and family?
NA
388-147-1610
NA
WAC 388-148-1115
What are the requirements for providing adoptive services?
NA
388-147-1670
NA
WAC 388-148-1120
What is the process for adoptions?
NA
388-147-1700
NA
WAC 388-148-1125
What requirements exist for specialized adoptive services?
NA
388-147-1705
NA
WAC 388-148-1130
Must my child-placing agency retain the records of adopted children?
NA
388-147-1720
NA
WAC 388-148-1135
What happens to the adopted children's records if my agency closes?
NA
388-147-1720
NA
WAC 388-148-1205
What is a group receiving center?
388-145-1305
NA
NA
WAC 388-148-1210
What age children may a center serve?
388-145-2040
NA
NA
WAC 388-148-1215
What hours must a center be open?
388-145-2050
NA
NA
WAC 388-148-1220
What services are provided or arranged for by a group receiving center?
388-145-2055
NA
NA
WAC 388-148-1225
Is a center required to provide an orientation for a child placed?
388-145-1700
NA
NA
WAC 388-148-1230
Does each child need space for personal items at the center?
388-145-1615(2)
NA
NA
WAC 388-148-1235
What staff training is required?
388-145-1490
388-145-1495
NA
NA
WAC 388-148-1240
What is the ratio of child care staff to children at a center?
388-145-2045
NA
NA
WAC 388-148-1245
What are the requirements for supervision of children at a center?
388-145-2060
NA
NA
WAC 388-148-1250
Who must be on the premises while children are in care at a center?
388-145-2045 (1)(a)
NA
NA
WAC 388-148-1255
What are the requirements for an activity program?
388-145-1575(2)
NA
NA
WAC 388-148-1260
What activities must I provide to children?
388-145-1735
NA
NA
WAC 388-148-1265
What are the requirements for indoor recreation areas?
388-145-1570
NA
NA
WAC 388-148-1270
What are the requirements for an outdoor recreation area?
388-145-1575
NA
NA
WAC 388-148-1275
What are the size requirements for an outdoor recreation area?
388-145-1575(2)
NA
NA
WAC 388-148-1280
What are the requirements for playground equipment?
388-145-1555(1)
NA
NA
Chapter 388-160 WAC
 
 
 
 
WAC 388-160-0005
Authority.
388-145-1300
NA
NA
WAC 388-160-0015
What is the purpose of overnight youth shelters?
388-145-2080 and defined in 388-145-1305
NA
NA
WAC 388-160-0025
What definitions apply to this chapter?
388-145-1305
NA
NA
WAC 388-160-0035
What services must be offered at a shelter?
388-145-2100
NA
NA
WAC 388-160-0045
What must I include in the assessment when a youth first enters a shelter?
388-145-2095
NA
NA
WAC 388-160-0055
How does the department decide how many youth I may serve in my overnight youth shelter?
388-145-1365(2)
NA
NA
WAC 388-160-0065
How old do I have to be to apply for a shelter license?
388-145-1320
NA
NA
WAC 388-160-0075
What qualifications does a person need to care for youth at an overnight youth shelter?
388-145-1330
NA
NA
WAC 388-160-0085
Who must be on the premises when youth are present at an overnight youth shelter?
388-145-1430(1)
388-145-1435
388-145-2090
NA
NA
WAC 388-160-0095
What qualifications must a program supervisor have in order to work in a shelter?
388-145-1430 (now called program manager)
NA
NA
WAC 388-160-0105
What qualifications must a lead counselor have in order to work in a shelter?
388-145-1445 (now called direct care staff)
NA
NA
WAC 388-160-0115
What minimum qualifications must child care staff, lead counselors, interns, and volunteers have in order to work in a shelter?
388-145-1445 (direct care staff)
388-145-1475 (volunteers and interns)
NA
NA
WAC 388-160-0125
What training is required for overnight youth shelter staff, lead counselors, interns and volunteers?
388-145-1490 (pre-service)
388-145-1495 (in-service)
388-145-1500 (first aid/CPR)
388-145-1505 (HIV/AIDS)
NA
NA
WAC 388-160-0135
What is the required ratio of staff to youth in a shelter?
388-145-2040
NA
NA
WAC 388-160-0145
How do I apply or reapply for a license?
388-145-1325
NA
NA
WAC 388-160-0155
May I receive more than one type of group care license at the same physical location?
388-145-1380
NA
NA
WAC 388-160-0165
Does the department put limitations or conditions on a person who is licensed?
Eliminated, covered by 388-145-1365
NA
NA
WAC 388-160-0175
Does the department allow exceptions to the licensing requirements?
388-145-1395
NA
NA
WAC 388-160-0185
Does the department issue probationary licenses?
388-145-1415
NA
NA
WAC 388-160-0195
When must the department deny, suspend or revoke a license?
388-145-1390(1)
NA
NA
WAC 388-160-0205
Are there other reasons the department must suspend my overnight youth shelter license?
Eliminated, in consultation with the AGO. We would just cite the statute.
NA
NA
WAC 388-160-0215
When may the department suspend or revoke my overnight youth shelter license?
388-145-1390(2)
NA
NA
WAC 388-160-0225
How does the department notify me if my license is modified, denied, suspended or revoked?
388-145-1390(3)
NA
NA
WAC 388-160-0235
What may I do if I disagree with the department's decision to modify, deny, suspend or revoke my license?
388-145-1405
NA
NA
WAC 388-160-0245
What incidents involving youth must I report?
388-145-1535
NA
NA
WAC 388-160-0255
Are there other reporting requirements?
388-145-1635
288-145-1885(3)
NA
NA
WAC 388-160-0265
Do I need to report runaway youth who stay at the shelter?
388-145-2095
NA
NA
WAC 388-160-0275
What changes to my overnight youth shelter must I report to my licensor?
388-145-1550
NA
NA
WAC 388-160-0285
What are the department's requirements for keeping client records?
388-145-1520
NA
NA
WAC 388-160-0295
Do I need a citizens' board for my overnight youth shelter?
388-145-2115
NA
NA
WAC 388-160-0305
What personnel policies must I have?
388-145-1420 (1)(d)
388-145-1510 (1)(m)
NA
NA
WAC 388-160-0315
What personnel records must I keep?
388-145-1510
NA
NA
WAC 388-160-0325
Where must I post my license?
388-145-1345
NA
NA
WAC 388-160-0335
What other information must I keep readily available?
388-145-1430(2)
388-145-1515(2)
NA
NA
WAC 388-160-0345
Are local ordinances part of our licensing requirements?
388-145-1355
NA
NA
WAC 388-160-0355
What fire safety requirements must I follow to qualify for a license?
388-148-1665
NA
NA
WAC 388-160-0365
Where may my shelter be located?
388-145-1555(9)
NA
NA
WAC 388-160-0375
May I have firearms in my overnight youth shelter?
388-145-1660
NA
NA
WAC 388-160-0385
What substances are prohibited at overnight youth shelters?
388-145-1655
388-145-1650
NA
NA
WAC 388-160-0395
What are your requirements for storing dangerous items?
388-145-1580
NA
NA
WAC 388-160-0405
Do I need to have first-aid supplies?
388-145-1640
NA
NA
WAC 388-160-0415
What structural safety requirements must my facility meet?
388-145-1555
NA
NA
WAC 388-160-0425
What measures must I take for pest control?
388-145-1555(4)
NA
NA
WAC 388-160-0435
What are your requirements for kitchens?
388-145-1555(3)
NA
NA
WAC 388-160-0445
What are the requirements for bedrooms in shelters?
388-145-2105
NA
NA
WAC 388-160-0455
What are your requirements for bedding?
388-145-2110
NA
NA
WAC 388-160-0465
What telephone requirements must I follow?
388-145-1555(10)
NA
NA
WAC 388-160-0475
What are the lighting requirements for my overnight youth shelter?
388-145-1555(2)
NA
NA
WAC 388-160-0485
What are the requirements about drinking water?
388-145-1585(3)
NA
NA
WAC 388-160-0495
What are your requirements for laundry facilities?
388-145-1615
NA
NA
WAC 388-160-0505
What are the requirements for washing clothes?
388-145-1615 (3)(f)
NA
NA
WAC 388-160-0515
What are the requirements for toilets, sinks, and bathing facilities in shelters?
388-145-1560
NA
NA
WAC 388-160-0525
Do overnight youth shelters require a housekeeping sink?
388-145-1560(3)
NA
NA
WAC 388-160-0535
What are the requirements for sewage and liquid wastes?
388-145-1585 (1) and (2)
NA
NA
WAC 388-160-0545
What health and emergency policies and procedures must I have?
388-145-1635(5)
NA
NA
WAC 388-160-0555
How must I manage medications for youth at my shelter?
388-145-1855
NA
NA
WAC 388-160-0565
What must I do to prevent the spread of infections and communicable diseases?
388-145-1635
NA
NA
WAC 388-160-0575
What nutritional guidelines must I follow?
388-145-1790(1)
NA
NA
WAC 388-160-0585
What are your requirements for protecting a youth under my care from child abuse and neglect?
388-145-1390 (1)(g)
NA
NA
WAC 388-160-0595
What are the requirements about nondiscrimination?
388-145-1710
NA
NA
WAC 388-160-0605
What religious activities are allowed in overnight youth shelters?
388-145-1705
NA
NA
WAC 388-160-0615
How much supervision is required for child care staff and volunteers?
388-145-1460
NA
NA
WAC 388-160-0625
What requirements must I follow when disciplining youth?
388-145-1815
NA
NA
WAC 388-160-0635
What types of disciplinary practices are forbidden?
388-145-1815 (8) and (9)
NA
NA
WAC 388-160-0645
What types of physical restraint are acceptable for youth in overnight youth shelters?
388-145-1820 (1) and (2)
NA
NA
WAC 388-160-0655
What types of physical restraint are not acceptable in overnight youth shelters?
388-145-1820(3)
NA
NA
WAC 388-160-0665
Do I need to document instances when physical restraint is used?
388-145-1825
NA
NA
NEW PROPOSED WAC CONTENT - NOT IN CURRENT WAC
388-145
388-147
388-148
When will the department grant me a license?
388-145-1315
 
 
What happens when licensing requirements differ from contract requirements?
388-145-1375
388-147-1370
388-148-1335
When may I be certified to provide care to children?
388-145-1385
 
 
What are the requirements for volunteers working directly with children/youth at my facility?
388-145-1475
388-147-1490
 
What are the requirements for volunteers working directly with children/youth?
 
388-147-1490
 
What are my reporting requirements in my licensed facility serving runaway or homeless youth?
388-145-1545
 
 
What are the requirements for the use of electronic monitors to monitor children?
388-145-1625
 
 
What requirements must be followed for carbon monoxide detectors?
388-145-1680
 
 
What are additional considerations in service to Native American children?
388-145-1715
 
 
Can children in my care receive services through the extended foster care program?
388-145-1740
388-147-1615
388-148-1535
What is the purpose of the resource and assessment center?
388-145-2150
 
 
What must I demonstrate to be licensed for an RAC?
388-145-2155
 
 
What is the ratio of direct care staff/volunteers to children at an RAC?
388-145-2160
 
 
Who are the residents at my RAC?
388-145-2165
 
 
How long can a child stay at an RAC?
388-145-2170
 
 
When am I required to be available for services?
388-145-2175
 
 
Who may place children at an RAC?
388-145-2180
 
 
What services are provided or arranged for at an RAC?
388-145-2185
 
 
How long is my license valid?
 
388-147-1355
 
Who shall have access to my agency?
 
388-147-1360
 
What must be included in a home study completed by my agency?
 
388-147-1380
 
What is the preservice training requirement for staff and volunteers having direct care responsibility to children/youth?
388-145-1490
388-147-1500
 
What is the in-service training requirement for staff and volunteers having responsibility to provide care to children/youth?
388-145-1495
 
 
What is the requirement for staff in-service training?
 
388-147-1505
 
What qualifications must adoption services staff meet?
 
388-147-1660
 
What staff training must I provide?
 
388-147-1665
 
Do I need to provide potential adoptive families with a program description?
 
388-147-1675
 
What information regarding fees must I share with my applicants?
 
388-147-1680
 
What are the requirements regarding contacts with each adoptive placement prior to adoption?
 
388-147-1685
 
What steps must I take prior to entering into a contract with an adoptive applicant?
 
388-147-1690
 
What must I include in an adoption home study?
 
388-147-1695
 
How will the department process a complaint against my agency?
 
388-147-1710
 
Are there additional requirements for international adoptions?
 
388-147-1715
 
What training must I provide prospective adoptive parents?
 
388-147-1725
 
What must I include in a post placement report?
 
388-147-1730
 
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html), on October 21, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than October 22, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., October 21, 2014.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by October 7, 2014, TTY (360) 664-6178 or (360) 664-6092 or by e-mail Kildaja@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New legislation regarding crisis residential centers, resource and assessment centers, prudent parent legislation, extended foster care and recommendations from the committee on the severe abuse of adopted children, require new rules for licensed foster homes, child-placing agencies, adoption centers and group care facilities. Improvements to the rules include: Plaintalk format to improve content and accessibility, a restructured sequence of specific rules to provide a logical flow to content, and a division of specific license types to improve clarity of rules for each license category. Licensed foster parents, child-placing agencies, adoption centers, and group care facilities may be impacted by these requirements. Group care facilities include semi-secure and secure crisis residential centers, emergency respite centers, group homes, group receiving centers, overnight youth shelters, resource and assessment centers, and staffed residential homes. Services provided by these license types include services to medically fragile and intellectual and developmental disabilities (formerly severe developmental disabilities), pregnant and parenting youth and maternity services, and day treatment services.
Reasons Supporting Proposal: Foster home requirements are currently combined with other types of licensing requirements, such as requirements for child-placing agencies, adoption centers and group care facilities. New chapters are specific to license type, providing foster parents a stand-alone chapter specific to foster home licensing. Single clearly-defined chapters for foster homes, child-placing agencies and adoption centers, and group care facilities will assist stakeholders with accessing requirements specific to their license type.
Statutory Authority for Adoption: Chapters 13.34, 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), Severe Abuse of Adopted Children Committee Report Recommendations (9/2012).
Statute Being Implemented: RCW 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030.
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 and Implementation: Randy Roberts, OB2, Olympia, Washington, (360) 902-7872; and Enforcement: Darcey Hancock, OB2, Olympia, Washington, (360) 902-0288.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: The department of social and health services' children's administration is proposing changes to chapters 388-145, 388-147, 388-148, and 388-160 WAC, licensing requirement for child foster homes, staffed residential homes, group residential facilities, child-placing agencies, and overnight youth shelters. This rule making repeals all sections in chapters 388-145, 388-147, 388-148, and 388-160 WAC, and creates new sections to replace and update existing requirements.
The purpose of these chapters are to provide foster parents, child-placing agencies and group care facilities with clearly defined chapters and easy to understand rules written in plain-talk language. Constituents who are attempting to locate critical licensing regulations have expressed concern that current WAC is not user-friendly. Chapter divisions are confusing, requiring foster parents and agency staff to search for information throughout the entire document. This change has been requested within the group care community, by foster parents themselves, and by the licensors who assist parents and agencies in interpreting these rules. Division of licensed resources licensing requirements were last amended in 2004.
The proposed changes to these chapters include:
Three separate chapters to address foster family homes, child-placing agencies and agencies with adoption services, and group care (residential) facilities and the services they provide.
New legislative statutes including prudent parent, extended foster care, secure and semi-secure crisis residential centers, overnight youth shelters and resource and assessment centers.
Minimum overnight youth shelter requirements moved from chapter 388-160 WAC to the new sections in chapter 388-145 WAC.
Updated adoption requirements to meet Hague Convention federal requirements.
Recommendations based upon critical incidents or fatality or near-fatality workgroup recommendations.
Elimination of unnecessary rules.
SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS)—DETERMINATION OF NEED: 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 business entities that employ fifty or fewer people and are independently owned and operated.
These proposed rules impact child-placing agencies, adoption facilities and group care (residential) facilities. These businesses fall under the child group foster homes designation by the North American Industry Classification System (NAICS) codes #623990.
Preparation of an 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.
The children's administration (CA) has analyzed the proposed rule changes and has determined that small businesses will be impacted by these changes.
INDUSTRY ANALYSIS: DLR, CA, is responsible for the development and regulatory oversight of all licensing requirements for group residential facilities per chapter 74.15 RCW. As part of their monitoring, DLR keeps a current internal database that identifies all affected small businesses.
Most of the facilities and child-placing agencies with whom CA contracts are considered to be small businesses employing fewer than fifty staff. These proposed rules impact group homes, semi-secure and secure crisis residential centers, group receiving centers, emergency respite centers, overnight youth shelters, resource and assessment centers, staffed residential homes, child-placing agencies and adoption agencies.
INVOLVEMENT OF SMALL BUSINESSES: DLR has involved child-placing agency licensing staff, tribes and group residential care stakeholders, including recommendations for the Washington Association for Children and Families. Additionally, two stakeholder meetings were conducted to assess fiscal impact of the proposed rules, one in Tumwater on July 9, 2014, and one in Spokane on July 11, 2014. A variety of providers were invited by DLR program staff from these representative local areas. These stakeholders included child-placing agencies (including tribal child-placing agencies), adoption agencies, and group residential providers that serve children in out-of-home care. Most of the attendees were in a management or supervisory role with the private agencies. Rules with potential financial impacts were identified and discussed, with both the existing and proposed rule identified, requesting that the attendees rate the fiscal impact on a Likert scale of little to no fiscal impact (rating 1), to significant fiscal impact (rating 4). Feedback was also solicited that resulted in some language changes to the proposed rules.
COST OF COMPLIANCE: Under chapter 19.85 RCW, CA has considered annual costs to small businesses that are fifty dollars or more per child served annually.
GENERAL COSTS: DLR analysis revealed that there are minimal costs imposed by the proposed amendments. Any items rated at "2" or above (some fiscal impact) are discussed below. It is important to note that these ratings were determined prior to decisions made to change the rules reflective of the small business feedback.
USE OF VOLUNTEERS: Previous rules were silent on requirements and qualifications of volunteers having unsupervised access to vulnerable children in out-of-home care. DLR is clarifying the requirements for volunteers working unsupervised in a child-placing agency or a group care facility with children and youth. Volunteers under the age of twenty-one who are enrolled in a social service internship or practicum program with an accredited college or university may provide direct care for a child only under the direct supervision of a qualified staff person. DLR did not anticipate this to have a significant fiscal impact on group care facilities or child-placing agencies. Volunteers who fall into the specific category can still work in the facility and be counted in the staffing ratio as long as they have direct supervision of a qualified staff person. The stakeholder focus groups revealed that most providers were not impacted by this rule at all. However, two of the providers identified this as moderately or significantly impacting them. Because of this feedback, the proposed rule was changed to allow another designated volunteer to supervise volunteer staff if they met the qualifications of a paid program manager. Because the facility can rely on experienced volunteer staff, it was felt that this significantly reduced the fiscal impact of this rule, and does not compromise the safety of children in out-of-home care.
TRAINING AND DEVELOPMENT: DLR is requiring that all staff working in child-placing agencies and group care facilities have a minimum of sixteen hours of preservice training prior to working with children/youth unsupervised. This is a new requirement for some types of facilities, but other existing facilities currently require certain training in rule. The proposed rule provides consistency for all types of facilities, ensuring that staff are prepared to meet the needs of children in out-of-home care. New staff and volunteers must work shifts with fully trained staff until the new staff have completed all required preservice training. Previous stakeholder feedback identified concern about these untrained staff not counting in the staffing ratio. DLR amended the rule to reflect that they can be counted in the ratio. Although most agencies require some type of preservice training, there were no minimum training hours, except for group receiving centers and crisis residential centers. In the focus groups, the child-placing agencies rated this requirement as a "2" (some fiscal impact) and group care facility staff identified the impact as 1.72. DLR has agreed to identify online resources to assist the agencies in providing this training, but support the rule as an important component of an effective program to provide safety and support to vulnerable children. The Severe Abuse of Adopted Children Committee made training requirements (both in-service and preservice) a strong recommendation to prevent abuse of children.
DLR is also requiring that all staff have a minimum of twelve annual hours of in-service for staff working in child-placing agencies, fifteen hours for staff in adoption agencies and twenty-four hours training in group care (residential) facilities. Current WAC requires facilities to provide in-service training but does not specify a specific number of hours, with the exception of crisis residential centers who currently require twenty-four hours of ongoing education and in-service training annually. Child-placing agencies rated the impact as 1.57, and 1.56 for group care facilities in the focus groups. Most providers indicated they provide this training currently. DLR again agreed to develop a list of resources for agencies to use to supplement their training. DLR also offers training opportunities to private agency staff.
WATER SAFETY: DLR has recently facilitated a workgroup related to water safety issues in light of drowning incidents of children in care. This workgroup included a drowning prevention expert from Seattle Children's Hospital, and rules were developed in response to workgroup recommendations.
Existing rule requires group care facilities to have a person with current life-saving certification on duty when children are swimming in any swimming pool on-site. The new rule expands this to any body of water. Children under the age of five years must be within close touching distance of a supervising adult at all times. Very few programs are licensed to care for very small children affected by this rule. However, an issue brought forward by a maternity service program was that they are serving infants and their mothers, and it is the teen mothers who would be supervising their small children. Because of this feedback, the rule was changed to reflect that the small child must be within the very close proximity of a supervising adult or their birth parent. DLR does not anticipate this new requirement will have a significant impact on group care facilities.
FIRE SAFETY: The office of the state fire marshal complete[s] fire safety inspections for all group care facilities, except certain staffed residential facilities. Group care programs must obtain a certificate of compliance from the fire marshal in order to become licensed. Carbon monoxide detectors are now required for new construction and private residential facilities transferring ownership in the state of Washington. The fire marshal is now requiring carbon monoxide detectors in group care. DLR will require all group care facilities to have carbon monoxide alarms installed outside of each separate sleeping area in the immediate vicinity of bedrooms. Some providers reported already having installed these detectors. Other facilities will be required to purchase them, but these facilities will not exceed the expense of fifty dollars per client annually. Group care programs rated the fiscal impact of this item as 2.2 (some fiscal impact). The provider focus group did identify an issue that was an error in the rule writing, requiring carbon monoxide detectors both inside and outside the bedrooms. This was corrected, and rule now allows for a detector either in [inside] or outside the bedroom. This change will then reduce the fiscal impact.
IMMUNIZATIONS FOR STAFF: Staff working in facilities licensed for children younger than age two are being asked in rule to obtain immunizations for pertussis and influenza. This is important in that the state of Washington recently experienced a whooping cough epidemic, and both the department of health and the Centers for Disease Control recommend these immunizations. This has been department policy in foster care for some time, and the requirement is now being applied to group care as well. However, very few facilities are licensed for children under the age of two; most group care facilities serve older children. There is nothing in rule that would require the private agency to pay for these immunizations; however, some agencies do anticipate covering this cost, as they cover the existing cost of tuberculosis tests for staff. This would not affect small businesses disproportionally [disproportionately], as it is a per-staff cost. Businesses can mitigate this cost by requiring their staff to purchase immunizations or obtain them through an existing medical insurance program. Although the focus groups rated this item as the highest fiscal impact (2.64), this rule would be required for very few group residential facilities, and is important for the health of infants and toddlers who have not yet developed immunity, even though they may be immunized against these diseases.
Disproportionate Economic Impact Analysis: Through the work outlined with private providers in the focus groups, in other stakeholder meetings, and in work completed internally, DLR did not assess that these rules would have more than a minor impact on small businesses. DLR has also removed other requirements in this large rule rewrite that would actually create cost savings for some facilities. Some of these eliminated items are requirements for particular first-aid supplies, and requirements for an on-site program manager when children are not present.
Mitigating Costs: These are outlined in individual items in other parts of the document.
BENEFITS FOR PROPOSED RULES: There are significant benefits that will result from the adoption of the proposed amendments. These benefits are related to the health, safety and well-being of children entrusted in the department's care. These include:
Adequately trained staff who have the skill sets needed to respond to children's needs.
Ongoing training providing staff with current training materials.
Rules were written to enhance safety of children, with the anticipated benefit of fewer critical incidents affecting child safety and posing liability for the department.
Carbon monoxide alarms will provide a warning system for safety of occupants.
Creation of an additional facility type to serve the needs of children entering care.
Rules are clearer, better organized and more easily understood. Usability tests reflect that the rules are easier to use, and were very positively received by the foster parent users that were invited to test them.
Standardized rules as much as possible, across different types of group care facilities, making interpretation easier for providers
Enacted administrative rules reflective of new or modified statutes.
JOBS CREATED OR LOST: We do not anticipate that jobs will be lost or created as a result of these rules.
CONCLUSION: DLR, CA, has given careful consideration to the impact of proposed rules in chapters 388-145 and 388-147 WAC, licensing requirements for child-placing agencies and adoption facilities, and licensing requirements for group care facilities and services on small businesses. To comply with the Regulatory Fairness Act, chapter 19.85 RCW, DLR has analyzed impacts on small businesses and proposed ways to mitigate costs considered more than minor and disproportionate.
Please contact Randy Roberts at (360) 902-7872 if you have questions.
A copy of the statement may be obtained by contacting Randy Roberts, 1115 Washington Street, Olympia, WA 98504-5710, phone (360) 902-7872, fax (360) 902-7903, e-mail roberrm@dshs.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Randy Roberts, 1115 Washington Street, Olympia, WA 98504-5710, phone (360) 902-7872, fax (360) 902-7903, e-mail roberrm@dshs.wa.gov.
August 19, 2014
Katherine I. Vasquez
Rules Coordinator
Chapter  388-145  WAC
((EMERGENCY RESPITE CENTERS)) LICENSING REQUIREMENTS FOR GROUP CARE FACILITIES AND SERVICES
Purpose and Definitions
NEW SECTION
WAC 388-145-1300 What is the purpose of this chapter?
1) This chapter contains licensing requirements for generalized group care facilities, group homes, crisis residential centers, emergency respite centers, group receiving centers, overnight youth shelters, staffed residential homes, and resource and assessment centers. These licensing regulations are designed to ensure children in group care facilities are safe, healthy and protected from all forms of child abuse and neglect according to RCW 26.44.020(1) and chapter 388-15 WAC.
2) These separately licensed programs may provide specialized services such as day treatment services, services to pregnant and parenting youth (maternity services), HOPE beds, responsible living skills programs and services to medically fragile children and children with intellectual and developmental disabilities. You must hold a group care license to provide the specialized services outlined in this chapter. These services can be provided through your own program or by using community resources.
NEW SECTION
WAC 388-145-1305 What definitions do I need to know to understand this chapter?
The following words and terms are for the purpose of this chapter and are important to understand these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child as defined in RCW 26.44.020.
"Adult" means a person eighteen years old or older, not in the care of the department.
"Agency" is defined in RCW 74.15.020(1).
"Assessment" means the appraisal or evaluation of a child's physical, mental, social and/or emotional condition.
"Business hours" means hours during the day in which state business is commonly conducted. Typically the hours between 9 a.m. and 5 p.m. on weekdays are considered to be standard hours of operation.
"CA" means children's administration.
"Capacity" means the age range, gender and maximum number of children on your current license.
"Care provider" means any person who is licensed or authorized to provide care for children and/or cleared to have unsupervised access to children under the authority of a license.
"Case manager" means a facility employee who coordinates the planning efforts of all the persons working on behalf of a child.
"Chapter" means chapter 388-145 WAC.
"Child", "children" or "youth" for this chapter, means a person who is one of the following:
(1) Under eighteen years old;
(2) Up to twenty-one years of age and pursuing a high school or equivalency course of study (GED/HSEC), or vocational program;
(3) Up to twenty-one years of age and participating in the extended foster care program;
(4) Up to twenty-one years of age with intellectual and developmental disabilities;
(5) Up to twenty-one years of age and under the custody of the Washington state juvenile rehabilitation administration.
"Compliance agreement" means a written improvement plan to address the changes needed to meet licensing requirements.
"Crisis residential center (secure)" means a licensed facility open twenty-four hours a day, seven days a week that provides temporary residential placement, assessment and services in a secure facility to prevent youth from leaving the facility without permission per RCW 13.32A.030(15).
"Crisis residential center (semi-secure)" means a licensed facility open twenty-four hours a day, seven days a week that provides temporary residential placement, assessment and services for runaway youth and youth in conflict with their family and/or in need of emergency placement.
"Day treatment" is a specialized service that provides educational and therapeutic group experiences for emotionally disturbed children.
"DCFS" means the division of children and family services within children's administration. DCFS provides case management to children and families involved in the child welfare system.
"DDA" means the developmental disabilities administration. DDA provides services and case management to children and adults who meet the eligibility criteria.
"De-escalation" means strategies used to defuse a volatile situation, to assist a child to regain behavior control, and to avoid a physical restraint or other behavioral intervention.
"Department or DSHS" means the department of social and health services.
"Developmental disability" is a disability as defined in RCW 71A.10.020.
"Direct care staff" means persons who provide daily supervision and direct care to group care children and youth.
"DLR" means the division of licensed resources within children's administration. DLR licenses and monitors foster homes, child placing agencies and licensed group care facilities.
"DOH" means the department of health.
"Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children as a way to monitor their behavior.
"Emergency respite center" means a licensed facility that may be commonly known as a crisis nursery, which provides emergency or crisis care for nondependent children birth through seventeen years for up to seventy-two hours to prevent child abuse and/or neglect per RCW 74.15.020(d). ERCs may choose to be open up to twenty-hour hours a day, seven days a week. Facilities may also provide family assessment, family support services and referral to community services.
"FBI" means the Federal Bureau of Investigation.
"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a twenty-four hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care per RCW 74.15.020(f).
"Group home" is a specific license for residential care that provides care and supervision for children or youth.
"Group receiving center" means a licensed facility that provides the basic needs of food, shelter, and supervision for children placed by the department, generally for thirty or fewer days.
"Guns or weapons" means any device intended to shoot projectiles under pressure or that can be used to attack. These include but are not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.
"Health care staff" means anyone providing qualified medical consultation to your staff or medical care to the children and youth in your care.
"Hearing" means the administrative review process conducted by an administrative law judge.
"I, my, you, and your" refers to an applicant for a license issued under this chapter, and to any party holding a license under this chapter.
"Infant" means a child less than twelve months of age.
"Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.
"Interim facility" means an Overnight Youth Shelter, Emergency Respite Center or a Resource and Assessment Center.
"License" means a permit issued by us that your facility meets the licensing standards established in this chapter.
"Licensed health care provider" means an MD (medical doctor), DO (doctor of osteopathy), ND (doctor of naturopathy), PA (physician's assistant), or an ARNP (advanced registered nurse practitioner).
"Local fire authority" means your local fire inspection authority having jurisdiction in the area where your facility is located.
"Maternity service" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.
"Medically fragile" means the condition of a child who requires the availability of twenty-four hour skilled care from a health care professional or specially trained staff or volunteers in a group care setting. These conditions may be present all the time or frequently occurring. If the technology, support and services being received by the medically fragile children are interrupted or denied, the child may, without immediate health care intervention, experience death.
"Missing child" means any child less than eighteen years of age in licensed care and the child's whereabouts are unknown and/or the child has left care without the permission of the child's caregiver or assigned DSHS worker. This does not include children in dependency guardianship.
"Multidisciplinary teams (MDT)" means groups formed to assist children who are considered at-risk youth or children in need of services, and their parents.
"Non-ambulatory" means not able to walk or exit to safety without the physical assistance of another individual.
"Out-of-home placement" means a child's placement in a home or facility other than the child's parent, guardian, or legal custodian.
"Overnight youth shelter" means a licensed nonprofit agency that provides overnight shelter to homeless or runaway youth in need of emergency sleeping arrangements.
"Probationary license" means a license issued as part of a corrective action to an individual or agency that has previously been issued a full license but is out of compliance with minimum licensing requirements and has entered into an agreement aimed at correcting deficiencies.
"Property or premises" means a facility's buildings and adjoining grounds that are managed by a person or agency in charge.
"Psychotropic medication" means a type of medicine that is prescribed to affect or alter thought processes, mood, sleep, or behavior. These include anti-psychotic, anti-depressant and anti-anxiety medications.
"Relative" means a person who is related to a child per RCW 74.15.020.
"Resource and assessment center" means an agency that provides short-term emergency and crisis care for a period up to seventy-two hours, (excluding Saturdays, Sundays, and holidays) to children who have been removed from their parent's or guardian's care by child protective services or law enforcement.
"Staffed residential home" means a licensed facility that provides twenty-four hour care to six or fewer children who require more supervision than can be provided in a foster home.
"Treatment plan" means individual plans that identify the service needs of the child, including the child's parent or guardian, and identifies the treatment goals and strategies for achieving those goals.
"Washington state patrol fire protection bureau" or "WSP/FPB" means the state fire marshal.
"Volunteer" means a person who provides direct care services without compensation, for your facility.
"We, our, and us" refers to the department of social and health services, including DLR and DCFS staff.
"Young child" refers to a child age twelve months through eight years old.
Licensing Process
NEW SECTION
WAC 388-145-1310 Am I required to have a license to provide care to children?
You must be licensed if you provide care on a twenty-four hour basis to a child who is not related to you. Exceptions to this rule are listed in RCW 74.15.020 or by order of the court under chapter 26.10 RCW or RCW 13.34.065.
NEW SECTION
WAC 388-145-1315 When will the department grant me a license?
(1) We issue you a group care license to care for children on a twenty-four hour basis when you, your staff and volunteers, property and premises meet the licensing regulations contained in this chapter, and all required documents are in the licensing file.
(2) Additional requirements specific to your program can be found in WAC 388-145-1890 to 388-145-2200.
NEW SECTION
WAC 388-145-1320 How old do I have to be to apply for a license to provide care to children?
You must be at least twenty-one years old to apply for a license to provide care to children.
NEW SECTION
WAC 388-145-1325 What is required to apply for a group care facility license?
(1) You, the person responsible for the license, must submit a completed application which is available from the division of licensed resources, children's administration.
(2) You must submit the following for your executive director, agency staff, consultants, interns, volunteers, and anyone who may have unsupervised access to children per chapter 388-06 WAC:
(a) Completed background authorization form; and
(b) FBI fingerprint check if the individual over eighteen years of age has lived out of state during any portion of the previous three years.
(3) You must ensure that no employee, volunteer or subcontractor has unsupervised access to children until a full and satisfactory background check is completed and returned to you, qualifying the individual for unsupervised access. If your employee requires FBI fingerprints, they are allowed to work while awaiting fingerprint results, under the provisions of WAC 388-06-0500 through 388-06-0540.
NEW SECTION
WAC 388-145-1330 How does the department determine my suitability to become a licensed provider?
(1) The department determines your suitability as a licensed provider after receiving your application, background authorization(s) for those listed in WAC 388-145-1325(2), and all required documentation outlined in this chapter.
(2) You, your employees and volunteers must not have had a license or contract denied or revoked from an agency that regulates the care of children or vulnerable adults, unless the department determines that you do not pose a risk to a child's safety, well-being and long-term stability.
(3) You, your employees and volunteers must not have been found to have committed abuse or neglect of a child or vulnerable adult, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.
(4) You must demonstrate that you, your employees and volunteers have:
(a) The understanding, ability, physical health, emotional stability and personality suited to meet the physical, mental, emotional, cultural, and social needs of the children under your care; and
(b) The ability to furnish children with a nurturing, respectful, and supportive environment.
(5) At any time, we may require you or your employees and volunteers to give us additional information. We may also require an evaluation of your facility or property, or of a staff person working for your facility or agency, by an evaluator we recommend. Any evaluation requested by the department will be at your expense. The evaluator must be given written permission to share information with us prior to and throughout the evaluation process.
(6) Any employee, intern, or volunteer who is found to have misrepresented or provided fraudulent information may be disqualified.
(7) Before granting or renewing a license, your licensor will assess your ability to provide a safe environment for children and to provide the quality of care needed by children placed in your care. Your licensor will also determine that you meet training requirements.
NEW SECTION
WAC 388-145-1335 What additional steps must I complete prior to licensing?
(1) You must submit to your licensor a detailed written program description for DLR approval. In the description you must outline:
(a) Your mission and goals;
(b) A description of the services you will provide to children and their families;
(c) Your written policies covering qualifications, duties and on-going training for developing and upgrading staff skills; and
(d) A description of your agency's policies and procedures.
(e) For staffed residential facilities in family homes, you must provide a written plan to the child's DSHS worker for the supervision of children in your care if you work outside of your staffed residential home.
(2) You must have a site inspection by your DLR licensor or someone designated by DLR who can verify that your premises have:
(a) Adequate storage for staff and client files;
(b) A land-line working telephone;
(c) Adequate space for privacy when interviewing parents and children;
(d) Room or area used for administrative purposes;
(e) Adequate space for visitation;
(f) Appropriate furnishings for the children in your facility; and
(g) Your license clearly posted (if inspection is for a renewal license).
(3) All facilities described in this chapter, (except for staffed residential homes for five or fewer children), are required to meet the health requirements to receive a certificate of compliance from the Washington state department of health (DOH) and the fire safety requirements from the Washington state patrol fire protection bureau (WSP/FPB).
(4) You, your employees and volunteers are required to submit a negative tuberculosis test or an X-ray.
(a) We may grant an exception to this requirement, in consultation with a licensed health care provider.
(b) This exception would require a statement from a licensed health care provider (MD, DO, ND, PA or ARNP) indicating that a valid medical reason exists for not having a TB test.
(5) If you are being licensed to care for children under the age of two, you, your employees and volunteers are required to provide documentation verifying you have current pertussis and influenza vaccinations. We recommend (but do not require) these immunizations for you, your employees and volunteers when you serve children age two and older.
NEW SECTION
WAC 388-145-1340 How long do I have to complete the licensing application process?
(1) You must complete your licensing application and submit all DLR required documents within ninety days of submitting the application and background authorization forms to the department.
(2) If you do not meet this ninety-day deadline, your licensor may withdraw your application.
(3) As a courtesy, a renewal notification and renewal materials will be sent one hundred and twenty days prior to your license expiration date. If you do not receive this renewal notice it is your responsibility to contact your licensor.
(4) You must send the renewal application and all required background authorization forms to your licensor at least ninety days prior to the expiration of your current license.
NEW SECTION
WAC 388-145-1345 How long is my license valid?
(1) Your license is issued for a three-year period.
(2) Your license is valid only for the person or organization named on the license and only for the specific address listed on the license.
(3) Your license must be posted where the public can easily view it.
NEW SECTION
WAC 388-145-1350 Who shall have access to my facility?
The department must have access to your facility, staff, and the children in your care at any time. You must allow us to meet privately with staff or children in your care, at our request. We must also have access to the documents related to your program.
NEW SECTION
WAC 388-145-1355 Am I required to comply with local ordinances?
You are responsible for following all local and state regulations such as zoning regulations, community covenants, local building codes and fire codes. The department may require you to provide proof that you are complying with local regulations.
NEW SECTION
WAC 388-145-1360 What children may I serve in my group care program?
(1) You may serve children who are at least six years of age and meet one of the following conditions:
(a) Have behaviors that cannot be safely or effectively managed in foster care;
(b) Need temporary placement awaiting a more permanent placement;
(c) Need emergency placement during a temporary disruption of a current placement;
(d) Have emotional, physical, or mental disabilities;
(e) Need a transitional living setting;
(f) Need respite care from a licensed provider; or
(g) Are age sixteen or older and need to acquire independent living skills.
(2) Your program may serve children younger than six years of age if it meets the following criteria:
(a) Provides services to children with intellectual and developmental disabilities;
(b) Provides services to medically fragile children;
(c) Provides services to expectant mothers or parenting youth;
(d) Is licensed as a group receiving center;
(e) Is licensed as an emergency respite center;
(f) Is licensed as a resource and assessment center; or
(g) Is a facility approved and certified under chapter RCW 74.15.020 (2)(m).
NEW SECTION
WAC 388-145-1365 How does the department decide which children will be placed in my care?
(1) The department is responsible for the safety and well-being of the children placed in its custody by the parents or the courts, and we will place children according to their best interest.
(2) We evaluate your ability to care for children. We specify the maximum number, age range, and gender of children on your license. We may base this on the skills and number of caretakers, the physical accommodations of your facility, and the children placed in your facility.
(3) Based on the evaluation, we may license you for the care of fewer children than you normally would serve in your category of care.
(4) Except for a staffed residential home for five or fewer children, the certification of occupancy from the Washington state department of health will be considered in deciding the number of children you may serve.
NEW SECTION
WAC 388-145-1370 Do I have to admit or retain all children?
(1) You have the right to refuse to admit or retain a child in a program. The exceptions to this requirement are the individual programs that have contracts that specify a child cannot be denied admission.
(2) A joint decision may be made by the provider, the agency placing the child, and us to serve the child elsewhere, for the health and safety of the child or others.
NEW SECTION
WAC 388-145-1375 What happens when licensing requirements differ from contract requirements?
You may hold a contract with the state to provide services. If you provide services as a group care facility you must also meet the licensing requirements outlined in this chapter. When contract or other statutory requirements differ from licensing, you must meet the highest standard.
NEW SECTION
WAC 388-145-1380 May a group care facility be issued more than one type of license?
(1) A group care facility may not be licensed by DLR for more than one type of license in the same building (A group care facility and a CPA for example), unless the department determines that care of one type of client does not interfere with the care of another type of client, and you have approval from the DLR administrator. We may require separation of resident populations between the programs. You must meet the requirements for both licenses.
(2) If you have multiple licenses from different agencies in the same location, you must obtain approval from DLR prior to providing services and accepting placements.
NEW SECTION
WAC 388-145-1385 When may I be certified to provide care to children?
(1) When you meet the licensing requirements, you may apply to us for certification of your facility, rather than a license, if the following conditions apply:
(a) You are exempt from needing a license (per chapter 74.15 RCW), and you wish to serve department-funded children; or
(b) You are licensed by authority of an Indian tribe within the state under RCW 74.15.190.
Rule Violations and Corrective Actions
NEW SECTION
WAC 388-145-1390 Will you license or continue to license me if I violate licensing regulations?
(1) We may modify, deny, suspend or revoke your license when you, your employees or volunteers:
(a) Do not meet the licensing regulations in this chapter; or
(b) Have not met the background check requirements; or
(c) Have been determined by us to have abused or neglected a child; or
(d) Are unable to manage your property and financial responsibilities; or
(e) Tried to get a license by deceitful means, such as making false statements or omitting critical information on the application; or
(f) Knowingly allowed employees or volunteers who made false statements or omitted critical information on their applications to work at your agency; or
(g) Cannot provide for the safety, health and well-being of the child(ren) in your care.
(2) We may suspend or revoke your license if you have children in your facility for whom you are not licensed, without approval by your DLR licensor. This includes having more children, or children of different ages or gender than the license allows.
(3) We will send you a certified letter informing you of the decision to modify, deny, suspend or revoke your license. In the letter, we will also tell you what you need to do if you disagree with the decision.
(4) The department has jurisdiction over all licenses issued by DLR and over all holders of and applicants for licenses as provided in RCW 74.15.030(5). Such jurisdiction is retained even if an applicant requests to withdraw the application, or you surrender or fail to renew your license.
NEW SECTION
WAC 388-145-1395 Are there exceptions made if I do not meet the licensing regulations?
(1) We may make exceptions and license or continue to license you if you do not meet the minimum licensing regulations. We may allow this if you can demonstrate that you can provide for the safety, health and well-being of children in your care.
(2) In addition, we may limit or restrict your license and/or require you to enter into a compliance agreement to ensure the safety and well-being of the children in your care.
(3) You must keep a copy of the approved exception to the licensing regulations in your files.
(4) You do not have appeal rights if the department denies your request for an exception to the licensing regulations.
NEW SECTION
WAC 388-145-1400 Can employees, volunteers and subcontractors be disqualified from having access to the children in my facility?
(1) The department must disqualify employees, volunteers or subcontractors if they do not meet the regulations of chapter 388-145 WAC, or cannot have unsupervised access to children because of their background check as outlined in chapter 388-06 WAC.
(2) We will notify you if a person in your facility is disqualified from having unsupervised access to children. This could also lead to denial, suspension or revocation of your license.
NEW SECTION
WAC 388-145-1405 What can I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check?
(1) You have the right to request an administrative hearing if you disagree with any of these actions. You must request this hearing within twenty-eight calendar days of receiving a certified letter with our decision (see chapter 34.05 RCW). To request a hearing you must send a letter to the office of administrative hearings, P.O. Box 42489, Olympia, Washington 98504-2456, 1-800-583-8271. The letter must have the following:
(a) A specific statement indicating why you disagree with our decision and any laws you believe are related to your claim; and
(b) A copy of the certified letter we sent to modify, revoke, suspend, or deny your license or to disqualify your background check.
NEW SECTION
WAC 388-145-1410 How do I appeal the decision of the office of administrative hearings' administrative law judge?
(1) The decision of the administrative law judge is the final decision of the department unless you or the department files a petition for review with DSHS board of appeals within twenty-one calendar days after the administrative law judge's decision is mailed to the parties.
(2) The procedure for requesting or responding to a petition for review with the board of appeals is described in WAC 388-02-0560 through WAC 388-02-0635.
(3) We will not appeal decisions made by the board of appeals.
(4) If you disagree with the board of appeals, you may file a petition in superior court and ask for further review (RCW 34.05.510 to 34.05.598).
NEW SECTION
WAC 388-145-1415 Can I be issued a probationary license?
(1) We may issue a probationary license in order to correct a deficiency.
(2) We will consider the following when deciding whether a probationary license will be issued:
(a) An intentional or negligent violation of licensing regulations;
(b) A history of violation of licensing regulations;
(c) A current violation of licensing regulations;
(d) Whether you are making a good faith effort to comply; and
(e) Any other factors relevant to the specific situation.
(3) A probationary license may be issued for up to six months. At our discretion, we may extend the probationary license for an additional six months. You may not appeal our decision to not issue a probationary license.
Staff Qualifications and Requirements
NEW SECTION
WAC 388-145-1420 Who must I employ at my facility?
(1) You must employ sufficient numbers of qualified staff to meet the physical, safety, health, and emotional needs of the children placed in your care, appropriate for their age and developmental level. Employers and caregivers must:
(a) Demonstrate competency, good judgment, and self-control in the presence of children and when performing duties;
(b) Report suspected abuse, neglect, and exploitation to the children's administration intake and to the designated administrator or supervisor;
(c) Know and comply with rules established in this chapter as well as all other applicable laws; and
(d) Comply with federal and state anti-discrimination laws related to personnel policies and procedures.
(2) Staff, volunteers, and others caring for children at your facility must provide children with:
(a) Appropriate adult supervision;
(b) Emotional support;
(c) Personal attention; and
(d) Structured daily routines and living experiences.
NEW SECTION
WAC 388-145-1425 What are the qualifications of an executive director or administrator?
(1) You must have an executive director or administrator who is available telephonically during business hours and meets the qualifications to:
(a) Manage the financial and administrative operations of the program;
(b) Ensure that the program complies with the licensing rules contained in this chapter;
(c) Effectively communicate to the department the roles, expectations, and purposes of the program;
(d) Assume responsibility for safety of children in your facility; and
(e) Work with representatives of other agencies.
(2) An executive director or administrator must have:
(a) Appropriate education relevant to the specific program; and
(b) Four years of successful experience with similar duties and responsibilities for the administrative oversight, program and fiscal management of an agency.
NEW SECTION
WAC 388-145-1430 What are the requirements of an on-site program manager?
(1) On days your facility is operational, you must have an on-site program manager at your facility during business hours when youth are present. Staffed residential facilities licensed for five or fewer are required to have an on-site program manager during business hours when youth are present if the focus of the program is behavioral and a child's behavior poses a risk. The on-site program manager must meet the qualifications to:
(a) Coordinate the day-to-day operations of the program;
(b) Supervise the case management and direct care staff; and
(c) Have the responsibility to ensure the completion of each child's plan of care and treatment.
(2) When youth are not present and the program manager is not on-site, s/he must be available by telephone.
(3) An on-site program manager must have:
(a) A master's degree in social services or a closely related field from an accredited school and one year of experience working with children or youth; or
(b) A bachelor's degree in social services or a closely related field from an accredited school and two years of experience working with children or youth; or
(c) Five years of successful full-time experience in a relevant field; and
(i) Supervisory abilities that promote effective staff performance; and
(ii) Relevant experience, training and demonstrated skills in each area that s/he will be managing or supervising.
(4) An on-site program manager must not provide clinical oversight to case management staff unless they meet the supervision requirements in WAC 388-145-1440 (3).
(5) A case management staff or person with equivalent training and experience of an on-site program manager may satisfy this requirement.
(6) For overnight youth shelters, the required prior experience must be in working with adolescents.
NEW SECTION
WAC 388-145-1435 What if my on-site program manager must be off-site temporarily when youth are present?
The on-site program manager must leave a competent designated staff person in charge who meets the on-site program manager qualifications, if the manager must be temporarily absent.
NEW SECTION
WAC 388-145-1440 What are the requirements of case management staff?
(1) Case management staff will provide individualized case management and coordination of services.
(2) Case management staff must have a master's or bachelor's degree in social services or a closely related field from an accredited school.
(3) Case management staff who has only a bachelor's degree must consult with a person with a master's degree in social services or closely related field. One hour of consultation must occur every twenty hours the employee works.
(4) Case managers must maintain:
(a) Training, experience, knowledge, and demonstrated skills in each area s/he will be supervising;
(b) Skills and understanding needed to effectively manage cases; and
(c) The ability to monitor staff development and training.
(5) You may use case management staff provided by another agency if these staff meet the educational qualifications and you have a written agreement with the agency describing the scope of services to be provided.
NEW SECTION
WAC 388-145-1445 What are the qualifications of direct care staff?
(1) Each direct care staff must:
(a) Be at least twenty-one years of age, unless they meet the requirements in subsection (2) of this section;
(b) Have a high school diploma or high school or equivalency course of study (GED/HSEC);
(c) Have one year of experience working directly with children. Two years of social services education may be substituted for the required experience;
(d) Have the skills and ability to work successfully with the special needs of children in care; and
(e) Have effective communication and problem-solving skills.
(2) Direct care staff may be between eighteen and twenty-one years of age if enrolled in an internship or practicum program with an accredited college or university and can provide sufficient documentation.
(3) Direct care staff under twenty-one years of age must be supervised by staff at least twenty-one years of age.
(4) You must maintain sufficient direct care staff who meet the education and training requirements defined in this chapter.
(5) Case aides must meet the requirements for direct care staff.
NEW SECTION
WAC 388-145-1450 What additional qualifications must the crisis residential center direct care staff have?
(1) At least 50 percent of the direct care staff at a CRC must have completed:
(a) A bachelor's degree; or
(b) At least two years of college and one year of work in a group residential program for adolescents; and
(c) Direct care staff at a CRC may substitute experience for education on a year-for-year basis.
(2) The remaining direct care staff at a CRC must have a minimum of a high school diploma or high school equivalency course of study (GED/HSEC) and one of the following:
(a) One year of successful experience working with youth in a group setting; or
(b) One year of successful experience as a foster parent; and
(c) Two years of college may be substituted for the required experience.
(3) The primary duties of the direct care staff at a crisis residential center are the care, supervision, and behavioral management of youth.
NEW SECTION
WAC 388-145-1455 If I have health care staff, what qualifications are required?
(1) If your program requires health care staff, they must:
(a) Meet the full professional competency requirements in their respective field; and
(b) Maintain their certification or licensure as required.
(2) Applicants with current and active medical licenses or certificates (nurses, physicians and EMS personnel) may submit their licenses or certificates to satisfy the first aid requirement.
NEW SECTION
WAC 388-145-1460 Do I need to employ consultants at my facility?
(1) You must have case management consultants available as needed to work with your staff, the children you serve, and the children's families. Other consultants may be used for program support.
(2) A case management consultant is responsible to:
(a) Review treatment, case plans, or adoption home studies as appropriate;
(b) Provide one hour of consultation/supervision to case management staff for every twenty hours a person works. Staff consultations shall be documented and available to staff on an as-needed basis; and
(c) Monitor staff's skill development in order to effectively manage their cases.
(3) Each case management consultant must have:
(a) A master's degree in social services or a closely related field from an accredited school;
(b) The training, experience, knowledge and demonstrated skills for each area in which s/he will be supervising or advising;
(c) The ability to ensure staff develop their skills, are adequately trained and have the understanding needed to effectively manage cases; and
(d) Knowledge of mandatory child abuse and neglect reporting requirements.
(4) Consultants may be hired as staff or operate under a contract and must meet the full professional competency requirements and academic training in their respective fields.
(5) If you have consultants working in emergency respite centers, they must also have training and experience in early childhood education.
NEW SECTION
WAC 388-145-1465 What additional supports do I need for my group care facility?
(1) You must have sufficient clerical, accounting and administrative services to maintain proper records and carry out your program.
(2) You must have sufficient support and maintenance services to maintain and repair your facility, and to prepare and serve meals.
NEW SECTION
WAC 388-145-1470 Can one staff person have different responsibilities?
(1) The same person may have multiple staff roles and responsibilities as long as they meet the staff qualifications for each position and you maintain the required staffing ratios.
(2) The executive director/administrator may:
(a) Serve as the program manager when qualified for both positions; and
(b) Serve as direct care staff when the role does not interfere with the director's management and supervisory responsibilities.
NEW SECTION
WAC 388-145-1475 What are the requirements for volunteers working directly with children/youth at my facility?
(1) These volunteers must meet the licensing requirements listed in this chapter, including meeting the qualifications for direct care staff and must:
(a) Be at least twenty-one years of age unless they are between eighteen and twenty-one years of age in an internship or practicum program as per WAC 388-145-1445;
(b) Be supervised at all times by at least one paid staff member or designated volunteer meeting the qualifications of a program manager, working on-site. (This designated volunteer meeting program manager qualifications may provide direct care unsupervised.); and
(c) Receive the facility's pre-service training that addresses the needs of the population of children in care.
NEW SECTION
WAC 388-145-1480 What are the general ratios of staff to children under care?
(1) You must have at least one case manager providing case management services for every twenty-five children in care.
(2) If you provide care as a group receiving center, emergency respite center, or a resource and assessment center, you must have at least one case manager for every fifteen children in care.
(3) If you provide care as a secure, semi-secure and regular crisis residential center, you must have one case manager at a minimum, and must maintain a ratio of one case manager for every 6 children in care.
(4) Staffing ratios specific to your program are outlined in WAC 388-145-1890 through 388-145-2200.
(5) If you have both a license and a contract for services, you must adhere to the most stringent staffing ratios.
(6) To keep the proper ratio of staff to children, the executive director, health care staff, on-site program manager, support staff and maintenance staff may serve temporarily as direct care staff if they meet all other direct care staff qualifications and training.
(7) You must have relief staff so that all staff can have the equivalent of two days off a week. This is not required for family members if you have a staffed residential facility in a family residence.
(8) Children must be supervised during sleeping hours by at least one awake staff when:
(a) There are more than six children in care; and
(b) The major focus of the program is behavioral rather than the development of independent living skills such as a teen parent program or responsible living skills program; or
(c) The behavior of at least one of the youth poses a risk to self or others.
(9) Staffing ratios may be higher than the minimum listed if necessary for the health and safety of children and/or staff, or per contract requirement.
(10) You must have one back-up or on-call person available at all times to report to the facility as soon as possible but no later than thirty minutes.
NEW SECTION
WAC 388-145-1485 May I have more than one licensed program at my facility?
If you have more than one program in a building you must submit a plan to your licensor detailing how you plan to manage each of the programs.
Training and Professional Development
NEW SECTION
WAC 388-145-1490 What is the pre-service training requirement for staff and volunteers having direct care responsibility to children/youth?
(1) Prior to having unsupervised contact with children, staff and volunteers must have a minimum of sixteen hours of pre-service training, including policies and procedures, job responsibilities and facility administration. This requirement is in addition to required first aid and cardiopulmonary training (CPR) in WAC 388-145-1500 and required HIV/AIDS/blood borne pathogen training in WAC 388-145-1505. Pre-service training should include the following:
(a) Child abuse and neglect identification and reporting requirements;
(b) Incident reporting;
(c) Accessing community resources;
(d) Client confidentiality;
(e) Family dynamics and family intervention techniques;
(f) Licensing regulations specific to your facility;
(g) Child development;
(h) Grief and loss;
(i) Cultural needs of children in care;
(j) Sexually exploited youth;
(k) Behavior management and crisis intervention techniques;
(l) Conflict resolution or problem solving skills;
(m) Substance abuse;
(n) Sexually aggressive and physically aggressive/assaultive training;
(o) Effects of trauma on children;
(p) Youth supervision requirements; and
(q) Fire safety and emergency planning.
(2) New staff and volunteers must work shifts with fully trained staff until the new staff and volunteers have completed all required training.
NEW SECTION
WAC 388-145-1495 What is the in-service training requirement for staff and volunteers having responsibility to provide care to children/youth?
(1) If you have employees in your agency, you must offer in-service training programs for developing and upgrading staff skills. If you have five or more employees or volunteers, your training plan must be in writing.
(2) Staff must complete a minimum of twenty-four hours of on-going education and in-service training annually. Training must include:
(a) Crisis intervention techniques, including verbal de-escalation, positive behavior support, and physical response/restraint training as approved by the department;
(b) Behavior management techniques;
(c) Substance abuse;
(d) Suicide prevention, assessment and intervention;
(e) Family intervention techniques;
(f) Indian child welfare and working with Native American children
(g) Cultural diversity;
(h) Mental health issues and interventions;
(i) Mediation skills;
(j) Conflict management/problem-solving skills;
(k) Child abuse and neglect;
(l) Characteristics and management of sexually aggressive or otherwise predatory behavior and physically assaultive behavior;
(m) Emergency procedures;
(n) HIV/AIDS/Blood Borne Pathogens; and
(o) Fire safety and emergency planning.
(3) You must discuss with your staff updated policies and procedures as well as the rules contained in this chapter.
(4) Your training on behavioral management must be approved by DLR and must include nonphysical, age-appropriate methods of redirecting and controlling behavior.
(5) You must document all training including a description of the training provided and the date of the training. This information must be kept in each employee's file or in a separate training file.
NEW SECTION
WAC 388-145-1500 What first aid and cardiopulmonary resuscitation (CPR) training is required?
(1) You or any of your staff who provide supervision or direct care to children, must have basic standard first aid and age-appropriate cardiopulmonary resuscitation (CPR) training.
(a) The CPR training is not required for staff/volunteers with a statement from their physician that the training is not advised for medical reasons as long as another on-site staff person meets this training requirement.
(b) Training must be department-approved and be accredited according to nationally recognized standards.
NEW SECTION
WAC 388-145-1505 What HIV/AIDS and blood borne pathogens training is required?
(1) You or any of your staff who provide supervision or direct care to children, must have training on HIV/AIDS, and blood borne pathogens, including infection control standards.
(2) You must use infection control requirements and educational material consistent with the current approved curriculum published by the department of health, office on HIV/AIDS.
(3) Staff providing direct care to children must use universal precautions when coming in contact with the bodily fluids of a child.
Managing Records and Reporting
NEW SECTION
WAC 388-145-1510 What personnel records must I keep at my facility?
(1) You must keep personnel records on file for each staff person who is employed or volunteers at your facility. You must keep the following:
(a) An employment or volunteer application, including work and education history;
(b) Education documentation;
(c) Job description of the position at your facility;
(d) Signed confidentiality statement;
(e) Signed mandated reporter statement;
(f) A record of participation in the program's orientation and/or pre-service training and in-service training;
(g) Behavior management training documentation;
(h) First aid/CPR/HIV/AIDS/blood borne pathogens training documentation;
(i) A copy of a food handlers permit, if applicable;
(j) A copy of a valid driver's license for staff transporting clients or employees;
(k) A copy of a government issued photo ID;
(l) A copy of current auto insurance (if using private vehicle to transport);
(m) A log with background check information, containing dates of request and completion of the checks on all staff, interns, volunteers, and service contractors;
(n) A record of a negative Mantoux, tuberculin skin tests results, X-ray, or a medical exemption to the skin test or X-ray; and
(o) A record of required staff immunizations.
(2) You must maintain a written record of case consultation by a master's level consultant as defined in WAC 388-145-1460 for case managers with a bachelor's degree.
NEW SECTION
WAC 388-145-1515 What are the requirements for information kept in facility shift logs for group care facilities?
(1) You must document the following information during each shift:
(a) Any serious child health or safety issues;
(b) Any dates and illnesses or accidents while in care;
(c) Any medications and treatments given with the child's name; and
(d) Names of staff or volunteers with direct care responsibility during the shift.
(2) You must also have telephone numbers of the after-hours supervisor, on-call and relief staff clearly identified and available for staff personnel during each shift.
(3) In addition, you must keep the following information current at all times:
(a) Incident logs, including a copy of any suspected child abuse and/or neglect referrals made to children's administration and all incident reports;
(b) Any identified child-specific supervision needs;
(c) Daily or shift logs;
(d) Written documentation or staff briefings between shifts regarding the whereabouts of any child or youth currently off-site; and
(e) Verification of weekly inspections of any security and/or safety devices, such as door and window alarms.
NEW SECTION
WAC 388-145-1520 What are the requirements for children's records?
(1) Any identifying and personal information about a child and the child's family must be kept confidential as required by chapter 26.33 RCW. These records must be kept in a secure place inaccessible to clients, unauthorized staff and the public.
(2) During a child's placement, the child's record must be kept secure at the site and contain, at a minimum, the following:
(a) The child's name, birth date, and legal status;
(b) Name and telephone number of the child's DSHS worker and/or case manager for each child in care, if appropriate;
(c) Written consent, if any, for providing medical care and emergency surgery (unless that care is authorized by a court order);
(d) Names, addresses, and telephone numbers of persons authorized to take the child in care out of the facility;
(e) Copies of the current legal authority to place;
(f) Current case plans;
(g) Social summary;
(h) Documentation of a child's treatment provided by your staff with the signature of the person making the entry to the progress notes;
(i) Information related to suspected child abuse and/or neglect referrals made to children's administration, including the concern, date and person taking the report;
(j) Intake procedures completed including an assessment of the youth's likelihood to stay in your facility;
(k) Date and time of Orientation;
(l) A log and written report that identifies all incidents requiring physical restraints for a child;
(m) Any incident reports involving youth; and
(n) A copy of any discharge summaries and family assessments in the child's case record.
(3) In addition, your records must contain the following information if available:
(a) Names, address and telephone numbers of parents or persons to be contacted in case of emergency;
(b) Information on specific cultural needs of the child;
(c) Medical history including any medical problems, name of doctor, type of medical coverage and provider, date of any illnesses or accidents while at the facility;
(d) Mental health history and any current mental health, chemical dependency, and behavioral issues, including medical and psychological reports when available;
(e) Other pertinent information related to the child's health, including basic medical information, such as current prescription medications, immunizations, allergies, dental records and/or eye exams;
(f) Child's school records, report cards, school pictures, and Individual Education Plans (IEP);
(g) Special instructions including supervision requirements and suggestions for managing problem behavior;
(h) Inventory of the child's personal belongings at the time of placement;
(i) Approved list of individuals the child may have contact with;
(j) The child's visitation plan; and
(k) For pregnant and parenting youth, information on the mother/father of the youth's child, if available.
(4) If a child's placement extends beyond seventy-two hours, you must obtain the child's immunization records. If the child is not current with immunizations, they must be updated as soon as medically possible. Immunization records are not required to be current for children placed in:
(a) Interim facilities;
(b) Group receiving centers; or
(c) Crisis residential centers.
(5) If you are unable to obtain this information from the department you must document your attempt to obtain the requested information in the child's file.
NEW SECTION
WAC 388-145-1525 How long should my facility keep the child records?
(1) If you have client files with information not returned to the department, you must keep them for six years following the termination or expiration of any license or contract you have with the department.
(2) If your facility closes then you must return all client file information to the department for each child(ren) who are/were in the custody of the department and whose records were not previously destroyed according to subsection (1) above.
(3) You must inform DLR and your regional licensor about the closure of your facility and where the files will be kept.
NEW SECTION
WAC 388-145-1530 What information can be shared about a child or a child's family?
(1) Information about a child or the child's family is confidential and must only be shared with people directly involved in the case plan for a child.
(2) You may discuss information about the child, the child's family and the case plan only with:
(a) A representative of the department, including staff from DCFS, DLR and DDA;
(b) A representative of the department of health and the office of the state fire marshal;
(c) A group residential program staff;
(d) The child's attorney;
(e) The child's assigned guardian ad litem or court-appointed special advocate; and/or
(f) Others designated by the child's DSHS worker.
(3) You may check with your child's DSHS worker for guidance about sharing information with the child's teacher, counselor, doctor, respite care provider, any other professional, or others involved in the case plan.
NEW SECTION
WAC 388-145-1535 What incidents involving children must I report?
(1) You must report the following incidents immediately and in no instance later than forty-eight hours to your local children's administration intake staff and the child's DSHS worker:
(a) Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care;
(b) Any time you suspect physical or sexual abuse, neglect, or exploitation of a child as required under chapter 26.44 RCW;
(c) Sexual contact between two or more children that is not considered typical play between preschool age children;
(d) Any disclosure of sexual or physical abuse by a child in care;
(e) Any child's suicide attempt that results in injury requiring medical treatment or hospitalization;
(f) Any use of physical restraint that is alleged to have been improperly applied or excessive;
(g) Physical assault between two or more children that result in injury requiring off-site medical attention or hospitalization;
(h) Physical assault of an employee, volunteer or others by children in care that results in injury requiring off-site medical attention or hospitalization;
(i) Any medication that is given or consumed incorrectly and requires off-site medical attention; or
(j) Property damage that is a safety hazard and is not immediately corrected or may affect the health and safety of children.
(2) You must report the following incidents related to a child in care as soon as possible or in no instance later than forty-eight hours, to the child's DSHS worker:
(a) Suicidal/homicidal thoughts, gestures, or attempts that do not require professional medical treatment;
(b) Unexpected health problems outside the usual range of reactions caused by medications, that do not require professional medical attention;
(c) Any incident of medication incorrectly administered or consumed;
(d) Physical assault between two or more children that results in injury but did not require professional medical treatment;
(e) Physical assault of a foster parent, employee, volunteer or others by children that results in injury but did not require professional medical treatment;
(f) Drug and/or alcohol use by a child in your care;
(g) Any inappropriate sexual behavior by or toward a child; or
(h) Use of prohibited physical restraints for behavior management.
(3) You must maintain a written record of these notifications with the date, time and staff person making the report.
(4) Programs providing care to medically fragile children who have nursing care staff on duty may document the incidents described in subsection (2)(b) and (c) in this section in the facility daily logs, rather than contacting the DSHS worker or case manager, if agreed to in the child's case plan.
NEW SECTION
WAC 388-145-1540 What are my reporting responsibilities when a child is missing from care?
(1) As soon as you or your staff have reason to believe a child in your care is missing as defined in WAC 388-145-1305 or has refused to return to or remain in your care, or whose whereabouts are otherwise unknown, you are required to notify the following:
(a) The child's assigned DSHS worker, as appropriate;
(b) CA intake, if the DSHS worker is not available or it is after normal business hours.
(2) You are required to contact local law enforcement within six hours if the child is missing. However, if one or more of the following factors present, you must contact law enforcement immediately:
(a) The child is believed to have been taken from placement. This means the child's whereabouts are unknown, and it is believed that the child has been concealed, detained or removed by another person;
(b) The child is believed to have been lured from placement or has left placement under circumstances that indicate the child may be at risk of physical or sexual assault or exploitation;
(c) The child is age thirteen or younger;
(d) The child has one or more physical or mental health conditions that if not treated daily will place the child at severe risk;
(e) The child is pregnant or parenting and the infant/child is believed to be with him or her;
(f) The child has severe emotional problems (e.g., suicidal thoughts) that if not treated will place the child at severe risk;
(g) The child has an intellectual and developmental disability that impairs the child's ability to care for him/herself;
(h) The child has a serious alcohol and/or substance abuse problem; or
(i) The child is at risk due to circumstances unique to that child.
(3) After contacting local law enforcement, you must also contact the Washington state patrol's (WSP) missing children clearinghouse to report that the child is missing from care. The telephone number for the clearinghouse is 1-800-543-5678.
(4) If the child leaves school or has an unauthorized absence from school, you should consult with the child's DSHS worker to assess the situation and determine when you should call law enforcement. If any of the factors listed in subsections (2)(a) through (i) of this section are present, you and the child's DSHS worker may decide it is appropriate to delay notification to law enforcement for up to four hours after the end of the school day to give the child the opportunity to return on their own.
(5) You must provide the following information to law enforcement and to the child's DSHS worker when making a missing child report, if available:
(a) When the child left;
(