Date of Adoption: March 4, 2003.

     Purpose: The purpose of the proposed emergency rule adoption for emergency respite centers (ERC) (WAC 388-148-1205 through 388-148-1300) is to establish licensing standards immediately for programs providing out-of-home placement to children at risk of child abuse/neglect. Licensing standards do not currently exist for ERC. The emergency rules would provide protection to the children placed by their parents or legal guardians with ERC.

     Statutory Authority for Adoption: RCW 74.15.020, as amended by chapter 230, Laws of 2001, RCW 74.15.280.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: There are emergency respite centers sometimes called crisis nurseries in operation across the state. Several agencies have built new facilities that have not received certificates of compliance from the Department of Health or Office of State Fire Marshal. Children's Administration is proposing the emergency WACs to provide for the safety of any child placed in an emergency respite center while permanent rules are developed. Progress has been made on the development of permanent rules. Proposed rules were filed as WSR 03-01-117, and a public hearing was held on February 25, 2003. When permanent rules are filed and effective, they will replace and supersede these emergency rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 20, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 20, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

March 4, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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     (1) An intake assessment and referral; and

     (2) The provision of direct child care.

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     (2) There is one situation when an emergency respite centers may provide care for a person eighteen through twenty years of age. That situation is when an eighteen through twenty-year old person is developmentally disabled and admitted by their parent or legal guardian with a sibling who is under eighteen.

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     (1) Permission from the child's parent or guardian authorizing the placement of their child in an emergency respite center;

     (2) Permission to seek emergency medical care on behalf of their child;

     (3) Basic family information, including address, telephone numbers, and emergency contact; and

     (4) Basic medical information, including current medication, known allergies, and at-risk behaviors of the child.

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     (a) The training, experience, knowledge and demonstrated skills in each area that he or she will be supervising;

     (b) The ability to ensure your staff develop their skills and understanding needed to effectively manage their cases;

     (c) Knowledge of mandatory child abuse and neglect reporting requirements; and

     (d) Training and experience in early childhood education.

     (2) Consultants may be hired as staff or operate under a contract with an emergency respite center.

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     (a) At least two staff on duty when children are present;

     (b) One child care staff providing visual or auditory supervision;

     (c) One staff for every two children when children are birth through two years old;

     (d) One staff for every three children when children are three through five years old;

     (e) One staff for every eight children when children are six through seventeen years old.

     (2) You must have relief staff so that all staff can have the equivalent of two days off a week.

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     (2) Emergency respite centers must supervise children who help with food preparation in the kitchen, based on their age and skills.

     (3) Preschool children and children with severe developmental disabilities must not be left unattended in a bathtub or shower.

     (4) Staff, volunteers, and others caring for children at an emergency respite center must provide the children with appropriate adult supervision, emotional support, personal attention, and structured daily routines and living experiences.

     (5) In emergency respite centers, children must be within visual or auditory range at all times.

     (6) When a child exhibits behavior that poses a safety risk to other children in care, the child must not share a bedroom with other children.

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     (a) WAC 388-148-0005 through 388-148-0215;

     (b) WAC 388-148-0260 through 388-148-0330;

     (c) WAC 388-148-0345 through 388-148-0450;

     (d) WAC 388-148-0465 through 388-148-0490;

     (e) WAC 388-148-0565;

     (f) WAC 388-148-0575 through 388-148-0605;

     (g) WAC 388-148-0660 through 388-148-0690;

     (h) WAC 388-148-0700 through 388-148-0720; and

     (i) WAC 388-148-0730 through 388-148-0740.

     (2) To be licensed as an emergency respite center you must comply with the specific section of chapter 388-148 WAC that applies to emergency respite centers WAC 388-148-1205 through 388-148-1300, in addition of the subsection (1) above.

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