WSR 00-22-019

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

[ Filed October 20, 2000, 3:46 p.m. ]

Date of Adoption: October 20, 2000.

Purpose: To create new chapters within Title 388 WAC and amend cross references. Chapter 275-46 WAC will become chapter 388-730 WAC and chapter 275-47 WAC will become chapter 388-720 WAC. WAC 275-46-100 is repealed as it contains obsolete information.

Citation of Existing Rules Affected by this Order: Chapters 275-46 and 275-47 WAC; amending WAC 275-46-060, 275-46-070, 275-46-080, 275-46-090, 275-47-030, and 275-47-050 (text recodified into chapters 388-730 and 388-720 WAC respectively).

Statutory Authority for Adoption: Chapter 72.05 RCW (for chapter 275-46/388-730 WAC) and RCW 13.40.220 (for chapter 275-47/388-720 WAC).

Adopted under notice filed as WSR 00-17-187 on August 23, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

October 20, 2000

Edith M. Rice

for Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2812.2
AMENDATORY SECTION(Amending WSR 98-18-056, filed 8/31/98, effective 9/1/98)

WAC 275-46-060
Minimum security.

(1) The provisions of WAC ((275-46-050)) 388-730-0050 also apply to a juvenile classified as minimum security, except the juvenile must reside in a community facility or a community commitment program facility (CCP) rather than in an institution.

(2) Juveniles must not be placed in a community facility until:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.

(3) In addition to the provisions of WAC ((275-46-050 (3)(b)(iii))) 388-730-0050 (3)(b)(iii), minimum security juveniles may be permitted unescorted participation in treatment programs in the community that do not involve the family for up to twelve hours per day.

[Statutory Authority: RCW 72.05.400, [72.05.]405, [72.05.]410, [72.05.]415, [72.05.]425, [72.05.]430, [72.05.]435, [72.05.]440, 74.15.210, 13.40.460 and [13.40.]480. 98-18-056, 275-46-060, filed 8/31/98, effective 9/1/98. Statutory Authority: RCW 13.40.460. 96-18-041, 275-46-060, filed 8/29/96, effective 9/29/96.]


AMENDATORY SECTION(Amending WSR 98-18-056, filed 8/31/98, effective 9/1/98)

WAC 275-46-070
Residential disciplinary standards.

(1) Serious violations by a juvenile include:

(a) Escape or attempted escape;

(b) Violence toward others with intent to harm and/or resulting in significant bodily injury;

(c) Involvement in or conviction of a criminal offense under investigation by law enforcement or awaiting adjudication for behavior that occurred during current placement;

(d) Extortion or blackmail that threatens the safety or security of the facility or community;

(e) Setting or causing an unauthorized fire with intent to harm self, others, or property, or with reckless disregard for the safety of others;

(f) Possession or manufacture of weapons or explosives, or tools intended to assist in escape;

(g) Interfering with staff in performing duties relating to the security and/or safety of the facility or community;

(h) Intentional property damage in excess of one thousand five hundred dollars;

(i) Possession, use, or distribution of drugs or alcohol, or use of inhalants;

(j) Rioting or inciting others to riot;

(k) Refusal of urinalysis or search; or

(l) Other behaviors which threaten the safety or security of the facility, its staff, or residents or the community.

(2) Other violations by a juvenile placed in a community facility include:

(a) Unaccounted for time when a juvenile is away from the community facility;

(b) Violation of conditions of authorized leave;

(c) Intimidation or coercion against any person;

(d) Misuse of medication such as hoarding medication or taking another person's medication;

(e) Self-mutilation, self tattooing, body piercing, or assisting others to do the same;

(f) Intentional destruction of property valued at less than fifteen hundred dollars;

(g) Fighting;

(h) Unauthorized withdrawal of funds with intent to commit other violations;

(i) Suspensions or expulsions from school or work;

(j) Violations of school, employment or volunteer work agreements related to custody and security concerns;

(k) Escape talk;

(l) Sexual contact or any other behavior, not defined as a serious violation, resulting in a referral to the department of licensing, child protective services, or law enforcement; or

(m) Lewd or disruptive behavior in the community.

(3) Juveniles must be held accountable when there is reasonable cause to believe they have committed a violation.

(a) Whenever a juvenile placed in a community facility commits a serious violation, the juvenile must be returned to an institution. The JRA program administrator who receives a service provider report of a serious violation must make arrangements to transfer the juvenile to an institution as soon as possible. Juveniles may be placed in a secure JRA or contracted facility pending transportation to an institution.

(b) Sanctions for serious violations committed by juveniles in an institution, and additional sanctions for serious violations committed by juveniles returned to an institution, must include one or more of the following:

(i) Loss of privileges for up to thirty days;

(ii) Loss of program level; or

(iii) Room confinement up to seventy-two hours.

(c) Sanctions for serious violations may also include, but are not limited to, one or more of the following:

(i) Change in release date;

(ii) Referral for prosecution;

(iii) Transfer to an intensive management unit;

(iv) Increase in security classification;

(v) Reprimand and loss of points;

(vi) Restitution; or

(vii) Community service.

(d) Sanctions for violations listed in WAC ((275-46-070(2))) 388-730-0070(2) may include transfer to a higher security facility and must include one or more of the following:

(i) Loss or privileges;

(ii) Loss of program level;

(iii) Room confinement up to seventy-two hours;

(iv) Change in release date;

(v) Reprimand and/or loss of points;

(vi) Additional restitution; or

(vii) Community service.

(4) When a sanction is imposed, the juvenile must also receive a counseling intervention to address the violation.

(5) If the proposed sanctions for any violation includes extending the juvenile's established release date, the juvenile must be entitled to:

(a) Notice of an administrative review to consider extension of the release date and a written statement of the incident;

(b) An opportunity to be heard before a neutral review chairperson;

(c) Present oral or written statements, and call witnesses unless testimony of a witness would be irrelevant, repetitive, unnecessary, or would disrupt the orderly administration of the facility;

(d) Imposition of the sanction only if the administrative review chairperson finds by a preponderance of the evidence that the serious violation did occur; and

(e) A written decision, stating the reasons for the decision, by the administrative review chairperson.

(6) Each superintendent and service provider must clearly post the list of serious violations and possible sanctions in all living units.

(7) Each program administrator must adopt procedures for implementing the requirements of this section.

[Statutory Authority: RCW 72.05.400, [72.05.]405, [72.05.]410, [72.05.]415, [72.05.]425, [72.05.]430, [72.05.]435, [72.05.]440, 74.15.210, 13.40.460 and [13.40.]480. 98-18-056, 275-46-070, filed 8/31/98, effective 9/1/98. Statutory Authority: RCW 13.40.460. 96-18-041, 275-46-070, filed 8/29/96, effective 9/29/96.]


AMENDATORY SECTION(Amending WSR 98-18-056, filed 8/31/98, effective 9/1/98)

WAC 275-46-080
Documenting and reporting violations committed by juveniles in residential facilities.

(1) All serious violations and violations listed in WAC ((275-46-070(2))) 388-730-0070(2) must be documented in an incident report. The incident report must include:

(a) Circumstances leading up to the violation(s);

(b) A description of the violation;

(c) Response by staff;

(d) Response by the juvenile(s) involved in the incident; and

(e) Sanctions imposed or recommended for the violation(s).

(2) Service providers must:

(a) Forward all incident reports to the JRA program administrator no later than twenty-four hours after the behavior is discovered; and

(b) Verbally report serious violations to the JRA program administrator immediately.

[Statutory Authority: RCW 72.05.400, [72.05.]405, [72.05.]410, [72.05.]415, [72.05.]425, [72.05.]430, [72.05.]435, [72.05.]440, 74.15.210, 13.40.460 and [13.40.]480. 98-18-056, 275-46-080, filed 8/31/98, effective 9/1/98.]


AMENDATORY SECTION(Amending WSR 98-18-056, filed 8/31/98, effective 9/1/98)

WAC 275-46-090
Service provider penalty schedule.

(1) Whenever a service provider contracts with the JRA to operate a community facility, the contracted service provider must report any known violation as required in WAC ((275-46-080)) 388-730-0080.

(2) If the contracted service provider fails to report violations within the prescribed time frames, the JRA must impose one or more of the following remedies:

(a) Imposition of a corrective action plan to be completed as determined by the program administrator.

(b) Imposition of the following monetary penalties:

(i) The first time fines are imposed on a service provider, the penalty must be at the rate of fifty dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

(ii) Subsequent fines imposed on the service provider during the same calendar year must be at the rate of seventy-five dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

(c) Order to stop placement until a corrective action plan is submitted, approved by the program administrator, and implemented.

(d) Termination of the contract for convenience if it is determined such termination is in the best interests of the department.

[Statutory Authority: RCW 72.05.400, [72.05.]405, [72.05.]410, [72.05.]415, [72.05.]425, [72.05.]430, [72.05.]435, [72.05.]440, 74.15.210, 13.40.460 and [13.40.]480. 98-18-056, 275-46-090, filed 8/31/98, effective 9/1/98.]


NEW SECTION

The following section of the Washington Administrative Code, as amended, is recodified as follows:

Old WAC Number New WAC Number
275-46-060 388-730-0060
275-46-070 388-730-0070
275-46-080 388-730-0080
275-46-090 388-730-0090

NEW SECTION

The following section of the Washington Administrative Code, as amended, is recodified as follows:

Old WAC Number New WAC Number
275-46-010 388-730-0010
275-46-015 388-730-0015
275-46-020 388-730-0020
275-46-030 388-730-0030
275-46-040 388-730-0040
275-46-050 388-730-0050
275-46-065 388-730-0065

REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 275-46-100 Adjudicative proceedings.
2811.1
AMENDATORY SECTION(Amending Order 3752, filed 7/8/94, effective 8/8/94)

WAC 275-47-030
Hearing.

A parent may request a hearing under RCW 13.40.220(5) to contest a notice and finding of financial responsibility issued by the department. The department shall ensure the hearing is governed by chapter 34.05 RCW and chapter ((388-08)) 388-02 WAC. The sole issues at the hearing include whether the:

(1) Person receiving the notice and finding of financial responsibility is a parent of the juvenile; and

(2) Department correctly:

(a) Determined the parent's gross income and the number of parents and dependents; and

(b) Calculated the reimbursement obligation in accordance with the reimbursement schedule as described under WAC ((275-47-020)) 388-720-0020.

[Statutory Authority: RCW 13.40.220. 94-15-009 (Order 3752), 275-47-030, filed 7/8/94, effective 8/8/94.]


AMENDATORY SECTION(Amending WSR 96-24-075, filed 12/2/96, effective 1/2/97)

WAC 275-47-050
Powers of the administrative law judge.

The administrative law judge in the initial decision rendered after the hearing conducted in accordance with WAC ((275-47-030)) 388-720-0030 shall include the name and age of the juvenile in that decision. The administrative law judge shall also indicate the parent's or other legally obligated person's monthly liability amount for the period of the juvenile's confinement beginning with the date the child enters the custody of the department. The administrative law judge shall not establish in the decision any amount constituting a repayment figure of any accrued obligation of the parent but shall indicate in the decision that any accrued obligation shall be paid by the parent to the department's office of financial recovery (OFR) and that OFR will be responsible for determining the method of repayment of the parent's accrued obligation.

The administrative law judge shall also include a statement in the decision that the parent's financial obligation is collectible by OFR and that should the parent fail to comply with any payment plan entered into by OFR and the parent, or the parent fails to pay the amount set out in the decision, OFR shall be authorized to take legal collection action to recover the amounts due from the parent. Legal collection action can include, but is not limited to:

(1) The filing of liens against the real and personal property of the parent; or

(2) The issuance of a garnishment order against the wages, bank accounts, or other property of the responsible persons.

[Statutory Authority: RCW 13.40.220. 96-24-075, 275-47-050, filed 12/2/96, effective 1/2/97.]


NEW SECTION

The following section of the Washington Administrative Code, as amended, is recodified as follows:

Old WAC Number New WAC Number
275-47-030 388-720-0030
275-47-050 388-720-0050

NEW SECTION

The following sections of the Washington Administrative Code are recodified as follows:

Old WAC Number New WAC Number
275-47-010 388-720-0010
275-47-020 388-720-0020
275-47-040 388-720-0040

Washington State Code Reviser's Office