AN
ACT Relating to foreign children entering the United States for medical care;
and amending RCW 74.15.020.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.15.020 and 1999 c 267 s 11 are each amended to read as follows:
For
the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise
clearly indicated by the context thereof, the following terms shall mean:
(1)
"Agency" means any person, firm, partnership, association,
corporation, or facility which receives children, expectant mothers, or persons
with developmental disabilities for control, care, or maintenance outside their
own homes, or which places, arranges the placement of, or assists in the
placement of children, expectant mothers, or persons with developmental
disabilities for foster care or placement of children for adoption, and shall
include the following irrespective of whether there is compensation to the
agency or to the children, expectant mothers or persons with developmental
disabilities for services rendered:
(a)
"Child day-care center" means an agency which regularly provides care
for a group of children for periods of less than twenty-four hours;
(b)
"Child-placing agency" means an agency which places a child or
children for temporary care, continued care, or for adoption;
(c)
"Community facility" means a group care facility operated for the
care of juveniles committed to the department under RCW 13.40.185. A county detention
facility that houses juveniles committed to the department under RCW 13.40.185
pursuant to a contract with the department is not a community facility;
(d)
"Crisis residential center" means an agency which is a temporary
protective residential facility operated to perform the duties specified in
chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(e)
"Family day-care provider" means a child day-care provider who
regularly provides child day care for not more than twelve children in the
provider's home in the family living quarters;
(f)
"Foster-family home" means an agency which regularly provides care on
a twenty-four hour basis to one or more children, expectant mothers, or persons
with developmental disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant mother, or person
with a developmental disability is placed;
(g)
"Group-care facility" means an agency, other than a foster-family
home, which is maintained and operated for the care of a group of children on a
twenty-four hour basis;
(h)
"HOPE center" means an agency licensed by the secretary to provide
temporary residential placement and other services to street youth. A street
youth may remain in a HOPE center for thirty days while services are arranged
and permanent placement is coordinated. No street youth may stay longer than
thirty days unless approved by the department and any additional days approved
by the department must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her returned to home may
remain in a HOPE center until his or her parent arranges return of the youth,
not longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(i)
"Maternity service" means an agency which provides or arranges for
care or services to expectant mothers, before or during confinement, or which
provides care as needed to mothers and their infants after confinement;
(j)
"Responsible living skills program" means an agency licensed by the
secretary that provides residential and transitional living services to persons
ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have
been unable to live in his or her legally authorized residence and, as a
result, the minor lived outdoors or in another unsafe location not intended for
occupancy by the minor. Dependent minors ages fourteen and fifteen may be
eligible if no other placement alternative is available and the department
approves the placement;
(k)
"Service provider" means the entity that operates a community
facility.
(2)
"Agency" shall not include the following:
(a)
Persons related to the child, expectant mother, or person with developmental
disability in the following ways:
(i)
Any blood relative, including those of half-blood, and including first cousins,
nephews or nieces, and persons of preceding generations as denoted by prefixes
of grand, great, or great-great;
(ii)
Stepfather, stepmother, stepbrother, and stepsister;
(iii)
A person who legally adopts a child or the child's parent as well as the
natural and other legally adopted children of such persons, and other relatives
of the adoptive parents in accordance with state law;
(iv)
Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a),
even after the marriage is terminated; or
(v)
Extended family members, as defined by the law or custom of the Indian child's
tribe or, in the absence of such law or custom, a person who has reached the
age of eighteen and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
second cousin, or stepparent who provides care in the family abode on a
twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b)
Persons who are legal guardians of the child, expectant mother, or persons with
developmental disabilities;
(c)
Persons who care for a neighbor's or friend's child or children, with or
without compensation, where: (i) The person providing care for periods of less
than twenty-four hours does not conduct such activity on an ongoing, regularly
scheduled basis for the purpose of engaging in business, which includes, but is
not limited to, advertising such care; or (ii) the parent and person providing
care on a twenty-four-hour basis have agreed to the placement in writing and
the state is not providing any payment for the care;
(d)
Parents on a mutually cooperative basis exchange care of one another's
children;
(e)
A person, partnership, corporation, or other entity that provides placement or
similar services to exchange students or international student exchange
visitors or persons who have the care of an exchange student in their home;
(f)
A person, partnership, corporation, or other entity that provides placement
or similar services to international children who have entered the country by
obtaining visas that meet the criteria for medical care as established by the
United States immigration and naturalization service, or persons who have the
care of such an international child in their home;
(g)
Nursery schools or kindergartens which are engaged primarily in educational
work with preschool children and in which no child is enrolled on a regular
basis for more than four hours per day;
(((g)))
(h) Schools, including boarding schools, which are engaged primarily in
education, operate on a definite school year schedule, follow a stated academic
curriculum, accept only school-age children and do not accept custody of
children;
(((h)))
(i) Seasonal camps of three months' or less duration engaged primarily
in recreational or educational activities;
(((i)))
(j) Hospitals licensed pursuant to chapter 70.41 RCW when performing
functions defined in chapter 70.41 RCW, nursing homes licensed under chapter
18.51 RCW and boarding homes licensed under chapter 18.20 RCW;
(((j)))
(k) Licensed physicians or lawyers;
(((k)))
(l) Facilities providing care to children for periods of less than
twenty-four hours whose parents remain on the premises to participate in
activities other than employment;
(((l)))
(m) Facilities approved and certified under chapter 71A.22 RCW;
(((m)))
(n) Any agency having been in operation in this state ten years prior to
June 8, 1967, and not seeking or accepting moneys or assistance from any state
or federal agency, and is supported in part by an endowment or trust fund;
(((n)))
(o) Persons who have a child in their home for purposes of adoption, if
the child was placed in such home by a licensed child-placing agency, an
authorized public or tribal agency or court or if a replacement report has been
filed under chapter 26.33 RCW and the placement has been approved by the court;
(((o)))
(p) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(((p)))
(q) An agency located on a federal military reservation, except where
the military authorities request that such agency be subject to the licensing
requirements of this chapter.
(3)
"Department" means the state department of social and health
services.
(4)
"Juvenile" means a person under the age of twenty-one who has been
sentenced to a term of confinement under the supervision of the department
under RCW 13.40.185.
(5)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(6)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(7)
"Secretary" means the secretary of social and health services.
(8)
"Street youth" means a person under the age of eighteen who lives
outdoors or in another unsafe location not intended for occupancy by the minor
and who is not residing with his or her parent or at his or her legally
authorized residence.
(9)
"Transitional living services" means at a minimum, to the extent
funds are available, the following:
(a)
Educational services, including basic literacy and computational skills
training, either in local alternative or public high schools or in a high
school equivalency program that leads to obtaining a high school equivalency
degree;
(b)
Assistance and counseling related to obtaining vocational training or higher
education, job readiness, job search assistance, and placement programs;
(c)
Counseling and instruction in life skills such as money management, home
management, consumer skills, parenting, health care, access to community
resources, and transportation and housing options;
(d)
Individual and group counseling; and
(e)
Establishing networks with federal agencies and state and local organizations
such as the United States department of labor, employment and training
administration programs including the job training partnership act which
administers private industry councils and the job corps; vocational
rehabilitation; and volunteer programs.
