WSR 21-03-016
[Filed January 8, 2021, 12:36 p.m., effective January 8, 2021, 12:36 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Clarify that the department does not regulate community-based quarantine and isolation facilities operated by or under contract with a local government.
Citation of Rules Affected by this Order: Amending WAC 110-145-1305.
Statutory Authority for Adoption: RCW 74.13.031 and 74.15.030.
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: Governor Jay Inslee issued Proclamation 20-05 declaring a State of Emergency in all counties in the state of Washington as a result of the outbreak of COVID-19. As of March 11, 2020, the World Health Organization has classified COVID-19 as a pandemic. WAC 110-145-1305 was adopted under WSR 20-19-052 and 20-11-014 on September 10 and May 12, 2020, respectively, to allow for the expedient delivery of life saving services to a highly vulnerable population in Washington state, homeless youth who have recently been diagnosed with, infected by, or who came into contact with COVID-19. Circumstances changed under Proclamations 20-25 through 20-25.9 "Safe Start - Stay Health[y]" county-by-county phased reopening, but conditions prompting the state of emergency declaration still exist and justify the need for WAC 110-145-1305 to remain in effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 8, 2021.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 20-05-024, filed 2/7/20, effective 3/9/20)
WAC 110-145-1305What definitions do I need to know to understand this chapter?
The following words and terms are for the purpose of this chapter and are important to understand these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child as defined in RCW 26.44.020.
"Adult" means a person eighteen years old or older, not in the care of the department.
"Agency" is defined in RCW 74.15.020(1).
"Assessment" means the appraisal or evaluation of a child's physical, mental, social and emotional condition.
"Business hours" means hours during the day in which state business is commonly conducted. Typically the hours between 9 a.m. and 5 p.m. on weekdays are considered to be standard hours of operation.
"Capacity" means the age range, gender, and maximum number of children on your current license.
"Care provider" means any person who is licensed or authorized to provide care for children and cleared to have unsupervised access to children under the authority of a license.
"Case manager" means a facility employee who coordinates the planning efforts of all the persons working on behalf of a child.
"Chapter" means chapter 110-145 WAC.
"Child," "children," or "youth" for this chapter, means a person who is one of the following:
(a) Under eighteen years old;
(b) Up to twenty-one years of age and enrolled in services through the department of social and health services developmental disabilities administration (DDA) the day prior to their eighteenth birthday and pursuing either a high school or equivalency course of study (GED/HSEC), or vocational program;
(c) Up to twenty-one years of age and participates in the extended foster care program;
(d) Up to twenty-one years of age with intellectual and developmental disabilities;
(e) Up to twenty-five years of age and under the custody of juvenile rehabilitation.
"Community-based COVID-19 isolation and quarantine facility" means any person, firm, partnership, association, corporation, or facility operated by or pursuant to a contract with a county in Washington state, and that provides temporary isolation and quarantine services to homeless youth who have been diagnosed with, infected with, or exposed to COVID-19. A community-based COVID-19 isolation and quarantine facility does not qualify as an "agency" under RCW 74.15.020(1). Such facilities are exempt from department licensing under RCW 74.15.020 (2)(l).
"Child placing agency" or "CPA" means an agency licensed to place children for temporary care, continued care, or adoption.
"Compliance agreement" means a written improvement plan to address the changes needed to meet licensing requirements.
"Crisis residential center (secure)" means a licensed facility open twenty-four-hours a day, seven days a week that provides temporary residential placement, assessment and services in a secure facility to prevent youth from leaving the facility without permission per RCW 13.32A.030(15).
"Crisis residential center (semi-secure)" means a licensed facility open twenty-four hours a day, seven days a week that provides temporary residential placement, assessment and services for runaway youth and youth in conflict with their family or in need of emergency placement.
"CW" means the division of child welfare within DCYF. CW provides case management to children and families involved in the child welfare system.
"Day treatment" is a specialized service that provides educational and therapeutic group experiences for emotionally disturbed children.
"DDA" means the developmental disabilities administration. DDA provides services and case management to children and adults who meet the eligibility criteria.
"Deescalation" means strategies used to defuse a volatile situation, to assist a child to regain behavior control, and to avoid a physical restraint or other behavioral intervention.
"Department" or "DCYF" means the department of children, youth, and families.
"Developmental disability" is a disability as defined in RCW 71A.10.020.
"Direct care" means direct, hands-on personal care and supervision to group care children and youth.
"DOH" means the department of health.
"Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children as a way to monitor their behavior.
"Emergency respite center (ERC)" means a licensed facility that may be commonly known as a crisis nursery, which provides emergency or crisis care for nondependent children birth through seventeen years for up to seventy-two hours to prevent child abuse or neglect per RCW 74.15.020(d). ERCs may choose to be open up to twenty-four hours a day, seven days a week. Facilities may also provide family assessment, family support services and referral to community services.
"FBI" means the Federal Bureau of Investigation.
"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a twenty-four-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care per RCW 74.15.020 (1)(f).
"Group home" is a specific license for residential care that provides care and supervision for children or youth.
"Group receiving center" means a licensed facility that provides the basic needs of food, shelter, and supervision for children placed by the department, generally for thirty or fewer days.
"Guns or weapons" means any device intended to shoot projectiles under pressure or that can be used to attack. These include but are not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns, and archery equipment.
"Health care staff" means anyone providing qualified medical consultation to your staff or medical care to the children and youth in your care.
"Hearing" means the administrative review process conducted by an administrative law judge.
"I, my, you, and your" refers to an applicant for a license issued under this chapter, and to any party holding a license under this chapter.
"Infant" means a child less than twelve months of age.
"Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.
"Interim facility" means an overnight youth shelter, emergency respite center or a resource and assessment center.
"LD" means the licensing division of DCYF. LD licenses and monitors foster homes, child placing agencies, and licensed group care facilities.
"License" means a permit issued by us that your facility meets the licensing standards established in this chapter.
"Licensed health care provider" means an MD (medical doctor), DO (doctor of osteopathy), ND (doctor of naturopathy), PA (physician's assistant), or an ARNP (advanced registered nurse practitioner).
"Local fire authority" means your local fire inspection authority having jurisdiction in the area where your facility is located.
"Maternity service" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.
"Medically fragile" means the condition of a child who requires the availability of twenty-four-hour skilled care from a health care professional or specially trained staff or volunteers in a group care setting. These conditions may be present all the time or frequently occurring. If the technology, support and services being received by the medically fragile children are interrupted or denied, the child may, without immediate health care intervention, experience death.
"Missing child" means any child less than eighteen years of age in licensed care or under the care, custody, and authority of DCYF and the child's whereabouts are unknown, the child has left care without the permission of the child's caregiver or DCYF, or both. This does not include children in a dependency guardianship.
"Multidisciplinary teams (MDT)" means groups formed to assist children who are considered at risk youth or children in need of services, and their parents.
"Negative action" means a court order, court judgment, or adverse action taken by an agency, in any state, federal, local, tribal, or foreign jurisdiction, that results in a finding against the applicant reasonably related to the individual's suitability, and competence to care for or have unsupervised access to children in out-of-home care. This may include, but is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse licensing action, including termination, revocation, or denial of a license or certification, or if there is a pending adverse action, the voluntary surrender of a license, certification, or contract in lieu of an adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
"Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.
"Out-of-home placement" means a child's placement in a home or facility other than the child's parent, guardian, or legal custodian.
"Overnight youth shelter" means a licensed nonprofit agency that provides overnight shelter to homeless or runaway youth in need of emergency sleeping arrangements.
"Probationary license" means a license issued as part of a corrective action to an individual or agency that has previously been issued a full license but is out of compliance with minimum licensing requirements and has entered into an agreement aimed at correcting deficiencies.
"Property or premises" means a facility's buildings and adjoining grounds that are managed by a person or agency in charge.
"Psychotropic medication" means a type of medicine that is prescribed to affect or alter thought processes, mood, sleep, or behavior. These include antipsychotic, antidepressant, and antianxiety medications.
"Relative" means a person who is related to a child per RCW 74.15.020.
"Resource and assessment center" means an agency that provides short-term emergency and crisis care for a period up to seventy-two hours, (excluding Saturdays, Sundays, and holidays) to children who have been removed from their parent's or guardian's care by child protective services or law enforcement.
"Staff" or "staff member" means a person who provides services for your facility and is paid by your facility. The definition of staff member includes paid interns.
"Staffed residential home" means a licensed facility that provides twenty-four-hour care to six or fewer children who require more supervision than can be provided in a foster home.
"Treatment plan" means individual plans that identify the service needs of the child, including the child's parent or guardian, and identifies the treatment goals and strategies for achieving those goals.
"Volunteer" means a person who provides services for your facility without compensation.
"Washington state patrol fire protection bureau" or "WSP/FPB" means the state fire marshal.
"We, our, and us" refers to DCYF and its staff.
"Young child" refers to a child age twelve months through eight years old.