WSR 14-14-116
(Children's Administration)
[Filed July 2, 2014, 7:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-107.
Title of Rule and Other Identifying Information: WAC 388-160-0265 Do I need to report runaway youth who stay at the shelter?
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at, on August 5, 2014, at 10:00 a.m.
Date of Intended Adoption: Not earlier than August 6, 2014.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail, fax (360) 664-6185, by 5 p.m. on August 5, 2014.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by July 22, 2014, TTY (360) 664-6178 or (360) 664-6094 or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 388-160-0265 establishes notification requirements for licensed shelters and organizations for the safety of youth served. RCW 13.32A.082 was changed requiring staff to contact parents within seventy-two hours of a youth coming to a shelter without parental permission, unless there are compelling reasons. If compelling reasons exist, the department must be contacted. The law also requires staff to check information that is publicly available at Washington state patrol every eight hours to see if a youth is listed as a runaway.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 13.32A.082.
Statute Being Implemented: RCW 13.32A.082.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mireya Beltre, DSHS Headquarters, 1115 Washington, Olympia, WA 98504, (360) 902-0270.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules are adopted without material change and ensure the WAC is consistent with RCW 13.32A.082. If the rule is not adopted, it would be out of compliance with state law. There is no cost to small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required under RCW 34.05.328 (5)(b). Rules adopted by reference without material change to ensure the WAC is consistent with RCW 13.32A.082. The rule content is dictated by statute.
June 26, 2014
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-15-001, filed 7/5/01, effective 8/5/01)
WAC 388-160-0265 ((Do)) When do I need to report runaway youth who stay at ((the)) a shelter?
(1) Within ((eight)) seventy-two hours (preferably within twenty-four hours) of learning that a youth staying at a licensed shelter or licensed organization does not have parental permission to be there, ((shelter)) staff must ((report the location of the youth to:
(a) The parent;
(b) The law enforcement agency having jurisdiction in the shelter's area; or
(c) The department)) notify the parent unless compelling reasons exist.
(2) The licensed shelter licensed organization staff must:
(a) Make the report by telephone or other reasonable means; ((and))
(b) Document the report in writing in the youth's file;
(c) Provide the youth's whereabouts;
(d) Provide a description of the youth's physical and emotional condition; and
(e) Report the circumstances surrounding the youth's contact with the shelter or licensed organization.
(3) If a compelling reason exists, the licensed shelter or licensed organization must notify the department. Compelling reasons include, but are not limited to, circumstances that indicate notifying the parent will subject the minor to abuse or neglect as defined in RCW 26.44.020.
(4) Licensed shelter or licensed organization staff must review the information that Washington state patrol makes publicly available under RCW 43.43.510(2) at least once every eight hours for youth who meet this criteria, while the youth is present at the shelter. If a youth in the shelter or organization is publicly listed as missing, staff must immediately notify the department of it's contact with the missing youth and report on items in subsection (2)(a) through (e) of this section.