Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-084.

Title of Rule: New WAC 388-160-0005 through 388-160-0665, overnight youth shelters and repealing WAC 388-160-010 through 388-160-560.

Purpose: Clarify the language of the licensing requirements for overnight youth shelters. The rules also meet the intent of the Governor's Executive Order 97-02. This notification is for a second hearing on the overnight youth shelter chapter. The language changes from the first hearing are the inclusion of RCW 74.15.125 allowing probationary licenses, the addition of two definitions (compliance agreement and full licensure), and an itemized list of first aide supplies. Additionally, several sections have been moved within the chapter.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of the FBI fingerprinting adds state statute and agency policy into WAC. The addition of the qualification for the lead counselor section consolidates those requirements in one section rather than sprinkled throughout the chapter.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992; and Enforcement: Division of Licensed Resources.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-160-0105, this rule adds qualifications of a lead counselor. This rule more clearly defines the lead counselor responsibilities and places this requirement in one section rather than in several as they are currently.

WAC 388-160-0115, this rule raises the minimum age of child care staff from eighteen to twenty-one. It allows eighteen to twenty year olds to work or volunteer if they are enrolled in an internship program.

WAC 388-160-0145, this rule adds FBI fingerprinting check for those individuals who have lived in the state less than three consecutive years prior to application. This complies with RCW 74.15.030.

WAC 388-160-0385, prohibits smoking in the facility and while transporting youth. Lessens the exposure of youth to second-hand smoke and its harmful effects.

WAC 388-160-0405, itemizes first-aid supplies required. This rule is more specific than current language that requires first-aid supplies on hand. Gives providers guidance and clarification on what they are expected to have on hand.

WAC 388-160-0635, expands forbidden disciplinary practices and refers licensees to Children's Administration behavior management policy.

WAC 388-160-0665, adds requirement to document incidents of physical restraint used on youth in care. This rule is added to comply with Children's Administration behavior management policy.

The anticipated effect will be rules that are easier to understand, consistent with current policy of Children's Administration, and overall clarification of the requirements of overnight youth shelters. The more clearly written question and answer format will be consistent with the changes being made in the licensing standards for other group facilities for children and youth. It is anticipated there will be greater compliance with the rules as a result of the changes.

Proposal Changes the Following Existing Rules: Codifies the state statute of FBI criminal history checks that has been in policy since 1995. Codifies two sections of the behavior management policy. The ban on smoking within the facility or while transporting youth eliminates the use of "smoking rooms" for staff and others eighteen years old and older. Itemizing the first-aid supplies while not changing the intent of the current WAC will add a specific list of minimum supplies needed by the facility.

This will provide clarity and ease of locating rules that apply to providers regulated by this chapter.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. Overnight youth shelters are nonprofit organizations/agencies. No small business economic impact statement is required.

RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-160 WAC, Overnight youth shelters, are "significant legislative rules" as defined in RCW 34.05.328 and therefore require a cost benefit analysis (CBA). A copy of the CBA may be requested by contacting Jean L. Croisant, Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710; (350) [(360)] 902-7992, or loje300@dshs.wa.gov.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 26, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by June 21, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 26, 2001.

Date of Intended Adoption: No sooner than June 27, 2001.

April 24, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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(2) The overnight youth shelter may be licensed to provide care for one of the following categories of youth:

(a) Youth from thirteen through seventeen years of age; or

(b) Youth sixteen through twenty years of age.

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"Capacity" means the maximum number of children a facility is licensed to care for at a given time.

"Children's administration" means a management section of the department of social and health services responsible for many services to children including but not limited to: child protective services, child welfare services, policy development, budget and fiscal operations.

"Compliance agreement" means a written plan of short duration with a specific ending date for completion of the plan. The agreement addresses the improvement or correction of specific issues to maintain or increase the safety and well-being of children in care.

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

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

"Full licensure" means the facility licensed or approved by the department of social and health services meets all applicable licensing standards.

"I" or "you" refers to anyone who operates an overnight youth shelter.

"Overnight youth shelter" or "OYS" means a licensed facility operated by a nonprofit agency that provides overnight shelter to homeless or runaway youth. Overnight youth shelters do not provide residential care during daytime hours.

"We" refers to the department, including DLR licensors.

"Youth" means an individual who is under twenty-one years old. The term "child" or "children" may also be used in some sections.

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(a) A client identification and intake assessment including:

(i) Emergency contacts (phone numbers);

(ii) Areas of possible problems, such as school status, medical problems, family situation and suicide evaluation;

(iii) History of assaultive or predatory behavior; and

(iv) Drug and/or alcohol involvement.

(b) Individual crisis intervention;

(c) Assistance in accessing emergency resources, including child protective services (CPS) and emergency medical services; and

(d) Resource information.

(2) An overnight youth shelter must provide (as needed by the youth) information about:

(a) Educational or vocational services;

(b) Housing;

(c) Medical care or services;

(d) Substance abuse services;

(e) Mental health services;

(f) Other treatment agencies;

(g) Food programs;

(h) Disability services; and

(i) Other DSHS services.

(3) If the overnight youth shelter cannot directly provide these services, staff must have information for referrals to programs or organizations that would provide these services to clients.

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(a) Determine whether the parents are aware of the whereabouts of the youth;

(b) Determine whether an adult contact exists; and

(c) Notify the police or children's administration intake (either the local CPS number or toll-free 1-886-ENDHARM) of any youth twelve years of age or younger who is unaccompanied by an adult and is requesting service.

(2) As part of the initial assessment, you must also assess the youth's:

(a) Recent history;

(b) Outstanding warrants;

(c) Physical and medical needs, including medication;

(d) School status;

(e) Immediate needs for counseling; and

(f) Options for the near future.

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(a) Physical accommodations in your overnight youth shelter;

(b) The number of staff and volunteers available for providing care;

(c) The skills of your staff and volunteers; and

(d) The ages and characteristics of the people you are serving.

(2) Based on our evaluation, we may license you for the care of fewer persons than you would normally serve in your category.

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(1) Have a history of founded child abuse or neglect.

(2) Be disqualified by our background check (see chapter 388-06 WAC).

(3) The department may require additional information from you, your staff, interns, or volunteers. We may request this information at any time and it may include, but is not limited to any of the following evaluations and/or documentation of completed treatment:

(a) Substance and alcohol abuse evaluations;

(b) Psychiatric evaluations;

(c) Psycho-sexual evaluations; and

(d) Medical evaluations or reports.

(4) Any evaluation or information requested by the department must be supplied at the expense of the applicant or licensee.

(5) The department must approve the evaluator providing the above services and you must give the licensor permission to speak with the evaluator before and after the evaluation.

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(2) At least one fully trained lead counselor must be on the premises at all times when youth are present.

(3) A qualified program supervisor must be on call at all times when the shelter is open or youth are present (see WAC 388-160-0095 for qualifications). The program supervisor may be on-staff, on contract or available by written agreement.

(4) Staff must represent both genders to reflect the population of youth in care.

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(1) Master's degree in social work or a related field and one year of experience working with adolescents; or

(2) Bachelor's degree and three years of experience working with adolescents.

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(1) Be at least twenty-one years of age;

(2) Have at least one year of experience working with adolescents;

(3) Have completed HIV/AIDS/Blood-borne pathogen training;

(4) Have completed first aid and CPR; and

(5) Have completed a tuberculin test (as required under WAC 388-160-0565).

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(2) Child care staff, interns, and volunteers also must have successfully completed:

(a) A background check (see chapter 388-06 WAC);

(b) A tuberculin test (as required under WAC 388-160-0565);

(c) Current first aid and cardio-pulmonary resuscitation (CPR) training; and

(d) HIV/AIDS/Blood-borne pathogen training consistent with the department of health approved curriculum prior to beginning work with youth. If the training is not readily available, it must be completed within sixty days of beginning work.

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(a) Job responsibilities, including the mandatory reporting requirements for licensee and their staff;

(b) Facility administration;

(c) Supervision of youth;

(d) Behavior management training in accordance with department behavior management guidelines;

(e) Fire safety procedures;

(f) Handling of emergency situations; and

(g) Current first aid and cardiopulmonary resuscitation (CPR) training.

(2) HIV/AIDS/Blood-borne pathogen training consistent with the department of health approved curriculum must be completed prior to beginning work with youth. If the training is not readily available, it must be completed within sixty days of beginning work.

(3) An overnight youth shelter must provide on-going training to all staff, interns, and volunteers.

(a) The training must cover qualifications for each position, including supervisory skills, adolescent development and problems, and the needs of youth.

(b) The shelter's training must also include, at a minimum, classes addressing:

(i) Sexual abuse;

(ii) Predatory behavior;

(iii) Substance abuse;

(iv) Depression;

(v) Mental health;

(vi) Teen suicide;

(vii) Injurious behavior towards one's self or others; and

(viii) Cultural sensitivity.

(3) New overnight youth shelter staff, interns, and volunteers must work shifts with fully trained staff until the new person has completed all required training.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-160-0135   What is the required ratio of staff to youth in a shelter?   (1) A shelter licensed for youth who are thirteen through seventeen years old must have one staff person to every eight youth.

(2) A shelter licensed for youth who are sixteen through twenty years old must have one staff person to every six youth.

(3) A shelter must maintain the staffing ratio while youth are asleep.

(4) At least one staff person must remain awake while youth are asleep. Other staff persons may be asleep, but must be available in the shelter in case of emergency.

(5) Whenever only one staff person is required to be on duty, a second staff person must be on call.

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(a) The application form;

Note: If you are applying for a license renewal, you must send the application form to the department licensor ninety days prior to the expiration of your current license.

(b) A completed and signed criminal history and background inquiry form from each applicant, staff person, intern, board member and volunteer who:

(i) Is at least sixteen years old;

(ii) Is not a foster child or shelter youth; and

(iii) Has unsupervised access to youth.

(c) Written verification of:

(i) A tuberculosis test unless you have religious beliefs which prohibit the test;

(ii) First-Aid and cardiopulmonary resuscitation (CPR) training; and

(iii) HIV-AIDS/Blood-borne pathogens training.

(2) If a person required to have a background check has lived in Washington state less than three years immediately prior to their application, a completed FBI fingerprint form must be provided to us for that person.

(3) We may require additional information from you including, but not limited to:

(a) Substance and alcohol abuse evaluations;

(b) Psychiatric evaluations;

(c) Psycho-sexual evaluations; and

(d) Medical evaluations.

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(2) If you make it clear to us that care for one kind of client does not interfere with the care for another kind of client an exception to WAC 388-160-0155(1) may be granted. (See WAC 388-160-0175 for exceptions.)

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(2) Exceptions are approved for nonsafety requirements only.

(3) The safety and well-being of the youth receiving care must not be compromised.

(4) You must request an exception to the licensing requirements in writing.

(5) You must keep a copy of the approved exception to the licensing requirements for your files.

(6) Along with an exception to the licensing requirements, the department may require you to enter into a compliance agreement to ensure the safety and well-being of the youth in your care.

(7) You do not have appeal rights if the department denies your request for an exception to our requirements.

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(2) The department must base its decision as to whether a probationary license will be issued on the following:

(a) Intentional or negligent noncompliance with the licensing rules;

(b) A history of noncompliance with the rules;

(c) Current noncompliance with the rules;

(d) Evidence of 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 its discretion, the department may extend the probationary license for an additional six months.

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(2) The department must disqualify you for any of the reasons that follow.

(a) You have failed your background check (see chapter 388-06 WAC).

(b) You have been found to have committed child abuse or neglect or you treat, permit or assist in treating children in your care with cruelty, indifference, abuse, neglect, or exploitation.

(c) You or anyone on the premises had a license denied or revoked from an agency that provided care to children or vulnerable adults.

(d) You attempt to get a license by deceitful means, such as making false statements or leaving out important information on the application.

(e) You commit, permit or assist in an illegal act on the premises of a home or facility providing care to children.

(f) You are using illegal drugs, or excessively using alcohol and/or prescription drugs.

(g) You knowingly allowed employees or volunteers who made false statements on their applications to work at your agency.

(h) You repeatedly lack qualified or an adequate number of staff to care for the number and types of children under your care.

(i) You have refused to allow our authorized staff and inspectors to have requested information or access to your facility, child and program files, and/or your staff and clients.

(j) You are unable to manage the property, fiscal responsibilities, or staff in your agency.

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Note: The governing authority is RCW 43.20A.205 and 74.20A.320.

(2) The suspension of your license for noncompliance of a support order would be effective the date you receive a notice that we received the certificate of noncompliance from the division of child support.

(3) Your license would remain suspended until you provide proof that you are in compliance with the child support order.

(4) You would not have a right to an administrative hearing based on a suspension of your license due to noncompliance of a child support order.

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(1) Having more youth than the license allows;

(2) Having youth with ages different than the license allows;

(3) Failing to provide a safe and healthy environment for youth in your care; or

(4) Failing to comply with any other licensing requirements.

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(1) You may request an administrative hearing if you disagree with our decision to modify, suspend, revoke or deny your license.

(2) You must request an administrative hearing within twenty-eight days of receiving a certified letter with our decision (chapter 34.05 RCW).

(3) You must send a letter to the Office of Administrative Hearings, PO Box 42489, Olympia, WA 98504-2489, 1-800-583-8271 requesting an administrative hearing. The letter must have the following attachments:

(a) A specific statement of your reasons for disagreeing with the decision and any laws that relate to your reasons; and

(b) A copy of the certified letter from the department containing the decision that you are disputing.

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(a) Any alleged incidents of child abuse or neglect;

(b) Any violations of the licensing requirements;

(c) Death of a child;

(d) Any youth's suicide attempt that results in injury requiring medical attention or hospitalization;

(e) Any emergent medical care to any youth in care;

(f) Any use of physical restraint that is alleged improper or excessive;

(g) Sexual contact between two or more youth;

(h) Physical assaults between two or more youth that result in injury requiring off-site medical attention or hospitalization;

(i) Unexpected health problems that require off-site medical attention;

(j) Any medication given incorrectly that required off-site medical attention;

(k) Serious property damage that is a safety hazard and is not immediately corrected.

(2) In addition to WAC 388-160-0245 (1)(a) through (k), you or your staff must report any of the following incidents to the youth's DSHS social worker, if the youth is a client of DSHS;

(a) Suicidal/homicidal ideas, gestures or attempts that do not require professional medical attention;

(b) Unexpected health problems that do not require professional medical attention;

(c) Any incident of medication incorrectly administered;

(d) Physical assaults between two or more children resulting in injury that does not require professional medical attention;

(e) Runaways; and

(f) Use of physical restraints for routine discipline.

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(a) The parent;

(b) The law enforcement agency having jurisdiction in the shelter's area; or

(c) The department.

(2) The shelter staff must:

(a) Make the report by telephone or other reasonable means; and

(b) Document the report in writing in the youth's file.

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(a) Changes in your location;

(b) Change in the designated space, or phone number;

(c) Changes in the maximum number, age ranges, and gender of persons you wish to serve;

(d) Changes in the structure of your facility or premises due to events causing damage such as a fire, or caused by remodeling; or

(e) Additions of any new staff person, intern, employee or volunteer, who might have contact with the youth in care.

(2) A license is valid only for the person or organization named on the license.

(3) You must also report the following changes to your licensor:

(a) A change of your facility's chief executive;

(b) The death, retirement, or incapacity of the person who holds the license;

(c) A change in name of a licensed corporation, or name by which your facility is commonly known; or

(d) Changes in the agency's articles of incorporation and bylaws.

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(a) The child's name and birthdate;

(b) Daily attendance logs and referrals;

(c) Names, address and home and business telephone numbers of parents or persons to be contacted in case of emergency;

(d) Dates and kinds of illnesses, accidents, medications and treatments given at the shelter;

(e) An incident log documenting the use of physical restraint; and

(f) Other information determined relevant by the department.

(2) Identifying and personal information about the youth must be kept confidential.

(3) You must keep information about the youth and their families in a secure place.

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(2) The shelter director must keep the following on file:

(a) A list of all members of the current citizens' board; and

(b) A copy of the articles of incorporation filed with the secretary of state verifying nonprofit status.

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(1) Employees, interns, or volunteers with unsupervised access to youth are not allowed to have unsupervised access to youth until the department approves their background checks.

(2) If you have five or more staff, you must have written policies describing duties and qualifications of staff, and staff benefits.

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(1) An employment application, including work and education history;

(2) Documentation of completed criminal history and background check form;

(3) A record of a negative Mantoux, tuberculin skin tests results, X-ray, or an exemption to the skin test or X-ray;

(4) A record of participation in HIV/AIDS education and training, including blood borne pathogens training;

(5) A record of participation in staff development training;

(6) A record of participation in the program's orientation;

(7) Documentation of a valid food handler permit, when applicable; and

(8) A record of participation in the current first-aid/CPR/Blood-borne pathogens training.

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(2) The department may require you to provide proof that you have met local ordinances.

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(2) You must discuss with the licensor any potential hazardous conditions, considering the youth's ages and behaviors. Some examples of hazards are natural or man-made water hazards such as lakes or streams, steep banks, ravines, and busy streets.

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(2) Firearms and weapons that are confiscated from youth must be locked up and given to law enforcement officers as soon as possible.

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(2) You must prohibit smoking in:

(a) Your facility while caring for youth; and

(b) Any motor vehicles transporting youth.

(3) You may permit adults to smoke outdoors away from youth.

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(a) Cleaning supplies,

(b) Toxic substances,

(c) Poisons,

(d) Aerosols,

(e) Items with warning labels.

(2) You must label containers filled from a stock supply. The labels must identify all contents.

(3) Toxic substances must be stored separately from food items.

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(2) The following first aid supplies must be kept on hand:

(a) Barrier gloves and one-way resuscitation mask;

(b) Ace bandage and band-aids;

(c) Scissors and tweezers;

(d) Gauze; and

(e) Thermometer.

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(1) Maintain your buildings, premises, and equipment in a clean and sanitary condition, free of hazards and in good repair;

(2) Provide handrails for steps if the department decides handrails are necessary for safety;

(3) Have emergency lighting devices available and in operating condition;

(4) Refinish all flaking or deteriorating lead-based paint with lead-free paint or other nontoxic material for exterior and interior wall surfaces and equipment;

(5) Have washable, water-resistant floors in the facility's toilet rooms, kitchen, and other rooms exposed to moisture;

Exception: We may approve washable, short-pile carpeting that is kept clean and sanitary for your facility's kitchen.

(6) Have easy access to rooms occupied by youth in case an emergency arises.

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(1) The proper storage, preparation, and service of food to meet the needs of the youth; and

(2) Provide the facilities and implement practices as required by the rules and regulations of the department of health that govern food service sanitation (see chapter 246-215 WAC).

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(1) Provide sleeping areas at least fifty square feet per occupant of unobstructed floor area with a ceiling height of at least seven feet, six inches;

(2) Not use hallways and kitchens as sleeping rooms;

(3) Maintain a space that is at least thirty inches between sleeping youths;

(4) Provide sleeping areas separated by a visual barrier five feet high or more for gender; and

(5) Separate youth under eighteen years old from youth who are eighteen through twenty years old by having a staff or volunteer supervise open space or have a physical barrier to prevent contact.

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(2) The shelter must accept the use of sleeping and bedding equipment that is personally provided by the youth if it is not a health or safety risk.

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(1) You must have at least one telephone on the premises for incoming and outgoing calls. The telephone must be accessible for emergency use at all times.

(2) You must post emergency phone numbers next to the phone.

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(1) A public water supply or a private water supply approved by the local health authority prior to the time of licensing or relicensing; and

(2) Disposable paper cups, individual drinking cups or glasses, or inclined-jet type drinking fountains.

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(1) Have separate and adequate facilities for storing soiled and clean linen;

(2) Provide adequate laundry and drying equipment or make other arrangements for getting laundry done on a regular basis; and

(3) Locate laundry equipment in an area separate from the kitchen.

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(1) Two or more indoor flush-type toilets close to handwashing sinks with hot and cold running water;

(2) One toilet and sink for the first eight youth, with a second toilet and sink when four more youth are on the premises;

(3) Privacy for persons of the opposite sex at toilets and any bathing facilities;

(4) Hot and cold running water not exceeding one hundred twenty degrees Fahrenheit at handwashing sinks, and bathing facilities;

(5) A conveniently located grab bar or nonslip floor surfaces in any bathing facilities;

(6) Urinals instead of toilets as long as only urinals do not replace more than one-third of the total required number of toilets; and

(7) Dispenser soap and individual towels, disposable towels, or other approved single-use hand drying devices, at handwashing sinks, and any bathing facilities.

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(a) First aid;

(b) Infection control;

(c) Care of minor illnesses; and

(d) General health practices and actions to be taken in event of medical and other emergencies.

(2) Health policies and procedures must be readily available for staff orientation and implementation.

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(1) Place any medication brought into the shelter by a youth in locked storage so it is unavailable to other youth in care;

(2) Supervise youth who take their own medication according to the prescription or manufacturer's instructions; and

(3) Properly dispose of medications that are no longer being taken.

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(2) Staff with a reportable communicable disease, as defined by the department of health, in an infectious stage must not be on duty until the staff has a physician's approval for returning to work.

(3) Those persons who have been approved for unsupervised access to children in an overnight youth shelter facility must have a tuberculin (TB) skin test by the Mantoux method of testing. They must have this skin test prior to being employed, volunteering, or being licensed unless:

(a) The person has evidence of testing within the previous twelve months;

(b) The person has evidence that they have a negative chest x-ray since a previously positive skin test;

(c) The person has evidence of having completed adequate preventive therapy or adequate therapy for active tuberculosis; or

(d) A physician indicates that the test is medically unadvisable.

(4) Persons whose tuberculosis skin test is positive must have a chest x-ray within thirty days following the skin test.

(5) The department does not require retesting unless a person believes they have been exposed to someone with tuberculosis or if testing is recommended by their health care provider.

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(2) Youth have the right to practice their own faith.

(3) Youth have the right not to practice another person's or any faith.

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(2) You must write down your disciplinary practices and include these with your application for a license.

(3) Discipline must be:

(a) Based on an understanding of the individual's needs and stage of development;

(b) Designed to help the youth under your care to develop inner control, acceptable behavior and respect for the rights of others; and

(c) Fair, reasonable, consistent, and related to the individual's behavior.

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(a) Spanking the youth with a hand or object;

(b) Biting, jerking, kicking, or shaking the youth;

(c) Pulling the youth's hair;

(d) Throwing the youth;

(e) Purposely inflicting pain as a punishment;

(f) Name calling, using derogatory comments, or abusing the youth verbally; and

(g) Threatening the youth with physical harm.

(2) You must not use methods that interfere with a youth's basic needs, including but not limited to:

(a) Depriving the youth of sleep;

(b) Depriving the youth of adequate food, clothing or shelter; or

(c) Interfering with a youth's ability to take care of their own hygiene and toilet needs.

(3) You must not use methods that deprive a youth of necessary services, including:

(a) Access to the youth's legal representative;

(b) DSHS social worker, if one is assigned; or

(c) Emergency medical or dental care.

(4) You must not use medication in an amount or frequency other than that prescribed by a physician or psychiatrist.

(5) You must not use medications for a youth that have been prescribed for someone else.

(6) You must not physically lock doors or windows in a way that prohibits a youth from exiting.

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(2) You must use other efforts to redirect or de-escalate the situation before using a physical restraint.

(3) If a youth's behavior poses an immediate risk to physical safety you may use physical restraint that is reasonable and necessary to:

(a) Protect youth on the premises from harming themselves or others; or

(b) Protect property from serious damage.

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(2) You must not use mechanical restraints, such as handcuffs and belt restraints.

(3) You must not use locked time-out rooms.

(4) You must not use physical restraint techniques that restrict breathing, inflict pain as a strategy for behavior control or might injure a youth. These include, but are not limited to:

(a) An adult sitting on or straddling a youth;

(b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

(c) Arm twisting;

(d) Hair holds;

(e) Youth being thrown against walls, furniture, or other large immobile objects;

(f) Choking or putting arms around a throat;

(g) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs; or

(h) Chemical restraints, except prescribed medication, including but not limited to pepper spray.

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(a) The youth's name and age;

(b) The date of the use of the restraint;

(c) The time in and out of the restraint;

(d) The events preceding the behavior that lead to using the restraint;

(e) The de-escalation methods that were used;

(f) Names of those involved in the restraint and any observers;

(g) A description of the type of restraint used;

(h) A description of injuries to the youth, or others, including caregivers;

(i) An analysis of how the restraint might have been avoided; and

(j) The signature of the person making the report.

(2) Additional information on behavior management and the use of physical restraints can be obtained from the department.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-160-010	Authority.
WAC 388-160-020	Definitions.
WAC 388-160-030	Exceptions to rules.
WAC 388-160-040	Effect of local ordinances.
WAC 388-160-050	Fire standards.
WAC 388-160-060	Certification of exempt agency.
WAC 388-160-070	Application or reapplication for license or certification -- Investigation.
WAC 388-160-080	Limitations on licenses and dual licensure.
WAC 388-160-090	General qualifications of licensee, applicant, and persons on the premises.
WAC 388-160-100	Age of licensee.
WAC 388-160-110	Posting of license.
WAC 388-160-120	Licensure -- Denial, suspension, or revocation.
WAC 388-160-130	Licensed capacity.
WAC 388-160-140	Discrimination prohibited.
WAC 388-160-150	Religious activities.
WAC 388-160-160	Discipline.
WAC 388-160-170	Corporal punishment.
WAC 388-160-180	Abuse, neglect, or exploitation.
WAC 388-160-190	Site and telephone.
WAC 388-160-200	Equipment, safety, and maintenance.
WAC 388-160-210	Firearms and other weapons.
WAC 388-160-220	Prohibited substances.
WAC 388-160-230	Storage.
WAC 388-160-240	Bedrooms and sleeping areas.
WAC 388-160-250	Kitchen facilities.
WAC 388-160-260	Housekeeping sink.
WAC 388-160-270	Laundry.
WAC 388-160-280	Toilets, handwashing sinks, and bathing facilities.
WAC 388-160-290	Lighting.
WAC 388-160-300	Pest control.
WAC 388-160-310	Sewage and liquid wastes.
WAC 388-160-320	Water supply.
WAC 388-160-340	Health and emergency policies and procedures.
WAC 388-160-350	First aid.
WAC 388-160-360	Medication management.
WAC 388-160-370	Staff health.
WAC 388-160-380	HIV/AIDS education and training.
WAC 388-160-390	Nutrition.
WAC 388-160-400	Bedding.
WAC 388-160-410	Overnight youth shelters--Purpose and limitations.
WAC 388-160-420	Governing body/citizens board for overnight youth shelters.
WAC 388-160-430	Intake.
WAC 388-160-440	Groupings.
WAC 388-160-460	Staffing.
WAC 388-160-470	Supervision of youth.
WAC 388-160-480	Child care workers--Qualifications.
WAC 388-160-490	Program supervision.
WAC 388-160-500	Training.
WAC 388-160-510	Services.
WAC 388-160-520	Client records and information--Overnight youth shelters.
WAC 388-160-530	Personnel policies and records--Overnight youth shelters.
WAC 388-160-540	Reporting of death, injury, illness, epidemic, or child abuse.
WAC 388-160-550	Reporting runaway youth.
WAC 388-160-560	Reporting circumstantial changes.

Washington State Code Reviser's Office