WSR 03-08-026

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed March 26, 2003, 4:45 p.m. ]

     Date of Adoption: March 21, 2003.

     Purpose: This new chapter 388-145 WAC establishes licensing rules for emergency respite centers (ERCs), also known as crisis nurseries. The legislature passed chapter 230, Laws of 2001 that included an amendment to RCW 74.15.020 defining center-based ERCs and adding RCW 74.15.280 authorizing the department to adopt licensing rules. Emergency respite centers for facilities licensed to provide respite care for children to parents or legal guardians to prevent child abuse or neglect. The permanent rules will replace and supersede the emergency rules filed under WSR 03-06-091 (emergency WAC 388-148-1205 through 388-148-1300).

     Statutory Authority for Adoption: RCW 74.15.280, 74.15.020 and chapter 230, Laws of 2001.

      Adopted under notice filed as WSR 03-01-117 on December 18, 2002.

     Changes Other than Editing from Proposed to Adopted Version: 1. WAC 388-145-0020 Definitions.

     a. References to "home or foster home" have been removed. These terms unintentionally appear in several of the chapter definitions. Emergency respite centers are facility-based not home-based.

     b. The office of the state fire marshal indicated that their official name is the Washington State Patrol Fire Protection Bureau. Their name has been changed in the text of chapter 388-145 WAC, where "the state fire marshal" was referenced.

     2. WAC 388-145-0180. The rule caption has been changed to "May a facility have more than one type of license?" instead of "May an agency have more than one type of license?" If a facility meets the requirements for both an ERC and a child care center they could be licensed for both. The intent is not to preclude an agency from providing other services such as those of a child-placing agency. The change will be made to clarify the intent of WAC 388-145-0180.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 122, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 122, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

March 21, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-10 issue of the Register.

Legislature Code Reviser 

Register

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