WSR 09-04-088



(Aging and Disability Services Administration)

[ Filed February 3, 2009, 2:57 p.m. ]

Subject of Possible Rule Making: The department is considering amending or adding new rules to the following licensing or certification chapters:

Adult family home minimum licensing requirements chapter: WAC 388-76-1000 Definitions, 388-76-10135 Qualifications -- Caregiver, 388-76-10155 Unsupervised access to vulnerable adults -- Prohibited, 388-76-10160 Criminal history background check -- Required, 388-76-10174 Background checks -- Disclosure of information sharing of criminal background information by health care facilities, 388-76-10175 Employment conditional -- Pending results, and 388-76-10195 Adult family home -- Staff -- Generally.

Boarding home licensing rules chapter: WAC 388-78A-2020 Definitions, 388-78A-2450 Staff, 388-78A-2470 Criminal history disclosure and background checks, 388-78A-2490 Specialized training for developmental disabilities, 388-78A-2500 Specialized training for mental illness, 388-78A-2510 Specialized training for dementia, 388-78A-2600 Policies and procedures, 388-78A-3170 Circumstances resulting in enforcement remedies.

Certified community residential services and supports chapter: WAC 388-101-3000 Definitions, 388-101-3200 Staffing requirements, 388-101-3230 Group home, 388-101-3240 Policies and procedures, 388-101-3250 Background checks, 388-101-3260 Staff training, 388-101-3270 Staff training before working alone with clients, 388-101-3280 Staff training, within four weeks of employment, 388-101-3290 Staff training within six months of employment, 388-101-3300 Staff training to be current, and 388-101-4000 Community protection -- Staff training.

Other related rules as appropriate.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.128.040, 18.20.090, 71A.12.080, Initiative Measure No. 1029 (I-1029).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is amending these rules and adding new sections to implement I-1029.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of health, home care quality authority, and Washington state patrol will be included in the rule development process and will have the opportunity to review and comment on the WACs before they are finalized.

Process for Developing New Rule: Negotiated rule making. DSHS welcomes the public to take part in developing the rules. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barbara Hanneman, Lead for WAC Coordination, Home & Community Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2540, fax (360) 725-2646, e-mail; or Lisa Yanagida, Program Manager, Residential Care Services, P.O. Box 45600, Olympia, WA 98504-5600, phone (360) 725-2589, fax (360) 438-7903, e-mail

Stakeholder meetings with home and community services division will be held on March 9, 2009, in Everett; March 11, 2009 in Lacey; March 18, 2009, in Yakima; and March 19, 2009, in Spokane. To get information on the time and locations of these stakeholder meetings and/or more information on the rule development for the implementation of I-1029, please visit the aging and disability services administration web at

February 2, 2009

Stephanie E. Schiller

DSHS Rules Coordinator

Washington State Code Reviser's Office