WSR 26-08-090

PROPOSED RULES

DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

[Filed April 1, 2026, 9:07 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-19-029.

Title of Rule and Other Identifying Information: The licensing division (LD) is amending the following sections in chapter 110-148 WAC, Licensing requirements for foster homes:

PURPOSE, LEGAL BASIS, AND DEFINITIONS: WAC 110-148-1300 Purpose and legal basis for foster care, 110-148-1305 Definitions, 110-148-1310 Licensing requirements providing foster care to children and youth, 110-148-1315 Submitting foster home applications, 110-148-1320 Foster home licensing requirements, 110-148-1321 Requesting provisional expedited foster home licenses, 110-148-1325 Receiving and keeping a foster home license, 110-148-1330 Requesting and holding multiple licenses, certifications, or authorizations, 110-148-1335 Licensing and contract requirements, 110-148-1340 License renewal requirements, 110-148-1345 Access to foster homes, 110-148-1350 Becoming certified by a CPA to provide foster care, 110-148-1355 Licensing employees of the department or a CPA, and 110-148-1360 Foster homes licensed by a tribal authority.

QUALIFICATIONS: WAC 110-148-1365 General requirements for applicants and foster parents and those living on the premises, 110-148-1366 Licensing requirements to provide PTFC services, 110-148-1367 Income requirements to provide PTFC services, 110-148-1368 Terminating PTFC services, 110-148-1375 Preservice, first-aid, CPR, and bloodborne pathogens training requirements, and 110-148-1380 In-service training requirements.

LICENSE CAPACITY, ADMITTING, AND RETAINING CHILDREN AND YOUTH: WAC 110-148-1385 Determining license capacity, 110-148-1390 Overcapacity requests, and 110-148-1395 Refusal to admit or retain children and youth.

MANAGING RECORDS AND REPORTING: WAC 110-148-1405 Children's and youth's well-being files and records, 110-148-1410 Confidentiality of children's, youth's, and their families' information, 110-148-1415 Children's and youth's health information and histories, 110-148-1420 Reporting incidents, 110-148-1425 Reporting children and youth missing from care, and 110-148-1430 Reporting other circumstances.

TRAVEL REQUIREMENTS: WAC 110-148-1435 Travel with children or youth.

HEALTH AND SAFETY: WAC 110-148-1440 Home and property, 110-148-1445 Garbage, sewer, and water, 110-148-1450 Health and safety in the home, 110-148-1455 Swimming pools and bodies of water, 110-148-1460 Natural disaster and emergency preparation, 110-148-1465 Fire safety, 110-148-1470 Bedrooms and safe sleep practices, 110-148-1475 Shared bedrooms, 110-148-1480 Pets and animals, 110-148-1485 Alcohol, cannabis, and illegal drugs, 110-148-1495 Smoking and vaping around children and youth, 110-148-1500 Firearm, ammunition, and other weapons, 110-148-1505 Infection and communicable disease prevention, 110-148-1510 Transporting children and youth, and 110-148-1515 Serving meals, snacks, and milk.

SERVICES TO CHILDREN AND YOUTH: WAC 110-148-1520 Meeting the needs of children and youth, 110-148-1521 Additional requirements when caring for Indian children, 110-148-1525 Educational and vocational instructions for children and youth in care, 110-148-1530 Maintaining connections, visits, and participating in activities, 110-148-1531 Technology use, 110-148-1535 Extended foster care (EFC), 110-148-1540 Privacy, location tracking, and electronic monitoring of children and youth, 110-148-1545 Caring for children's and youth's personal belongings, 110-148-1550 Medical, dental, and vision care, 110-148-1555 Immunization requirements for children and youth in care, 110-148-1560 Medical care consent, 110-148-1565 Medication storage, 110-148-1575 Administering medication, 110-148-1580 Children and youth taking their own medications, 110-148-1595 Accepting prescription medication from children's or youth's families, 110-148-1600 Respite care, 110-148-1605 Supervision of children and youth when foster parents are away from home, and 110-148-1610 Supervising children and youth, including around bodies of water.

BEHAVIOR MANAGEMENT: WAC 110-148-1615 Behavior management, and 110-148-1620 Use of physical handling and restraints for behavior managements.

RULE VIOLATIONS AND CORRECTIVE ACTIONS: WAC 110-148-1625 Actions, notices, administrative hearing, and appeals, 110-148-1630 Exceptions to licensing requirements, 110-148-1635 Disqualification of household members or those living on the premises from access to children and youth, and 110-148-1655 Probationary licenses.

The following sections of chapter 110-148 WAC will be repealed: WAC 110-148-1370 What kinds of assessments are included in the licensing process?, 110-148-1400 What services must I provide for medically fragile children and children with intellectual and developmental disabilities?, 110-148-1490 May I have illegal drugs on my property?, 110-148-1570 Who may access stored medications?, 110-148-1585 Can I use medication for behavioral control?, 110-148-1585 Can I use prescribed medications, including psychotropic medications?, 110-148-1640 Are there any other reasons that might cause me to lose my license?, 110-148-1645 What may I do if I disagree with your decision to modify, deny, suspend, or revoke my license, or disqualify my background check?, and 110-148-1650 How do I appeal the decision of the office of administrative hearings' administrative law judge?

Hearing Location(s): On May 5, 2026, telephonic. Comments can be made by calling 360-972-5385 and leaving a voicemail that includes the comment, emailing the rules coordinator, or submitting comments to the online comment application linked below. All comments must be received by the date and time listed below.

Date of Intended Adoption: May 6, 2026.

Submit Written Comments to: Department of children, youth, and families (DCYF) rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, beginning April 15, 2026, at 8:00 a.m., by May 5, 2026, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, email dcyf.rulescoordinator@dcyf.wa.gov, relay users dial 711, by April 27, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: LD is updating chapter 110-148 WAC, Licensing requirements for foster homes, to align with the D.S. Settlement Agreement. This required amending these rules to make them more developmentally appropriate and flexible to meet the individual children's and youth's needs. This project worked with stakeholders to identify areas that needed clarification and make general housekeeping updates.

Reasons Supporting Proposal: LD engaged in negotiated rule making (NRM) to complete this rule-making project. The NRM process included foster parents, tribal nations through the office of tribal relations, DCYF employees that license foster homes, individuals with lived experience as children or youth served by DCYF, and several other community partners. LD worked to reach consensus on every section that was negotiated. When consensus could not be reached, LD attempted to make decisions to reach a compromise in an effort to improve the care for children and youth. LD believes these changes will empower licensed foster parents to provide high-quality care that supports the health, safety, and well-being of the children and youth they serve.

Statutory Authority for Adoption: Chapters 13.34, 74.13, and 74.15 RCW; and RCW 26.44.020.

Rule is necessary because of federal court decision, D.S. v. Washington State Department of Children, Youth, and Families, No. 2:21-cv-00113-BJR (W.D. Wash. 2021).

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Marjorie Trudnowski, Bremerton, 360-979-8293; Implementation and Enforcement: Statewide.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

Is exempt under RCW 19.85.025(4).

Scope of exemption for rule proposal:

Is fully exempt.

April 1, 2026

Brenda Villarreal

Rules Coordinator

RDS-7056.2

Chapter 110-148 WAC

LICENSING REQUIREMENTS FOR ((CHILD)) FOSTER HOMES

PURPOSE, LEGAL BASIS, AND DEFINITIONS

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1300((What is the purpose of this chapter?))Purpose and legal basis for foster care.

(1) This chapter contains licensing requirements for ((all)) foster homes licensed directly by the department or certified through a child placing agency (CPA). Unless noted otherwise, these requirements apply to ((you if you are licensed to provide foster care))individuals licensed to provide foster care.

(2) ((Licensing requirements are designed to ensure children who are in foster care are safe, healthy and protected from all forms of child abuse and neglect according to RCW 26.44.020(1) and chapter 110-30 WAC.))The legal basis for foster care, which authorizes the department to license and to provide foster care placement services, are:

(a) Chapter 13.34 RCW;

(b) Chapter 74.13 RCW; and

(3) Licensing requirements are designed to keep children and youth in foster care safe, healthy, and protected from child abuse and neglect as outlined in:

(a) RCW 26.44.020; and

(b) Chapter 110-30 WAC.

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-148-1305((What definitions do I need to know to understand this chapter?))Definitions.

The following definitions ((are for the purpose of this chapter and are important to understanding these requirements))apply to this chapter:

"Abuse or neglect" means the ((injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child))same as defined in RCW 26.44.020(1).

"Adults" means ((a person))individuals 18 years ((of age and))old or older, not in the care of the department.

"Agency" ((is))means the same as defined in RCW 74.15.020(1).

"Applicants" means individuals applying to receive a foster home license.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Capacity" means the age range and maximum number of children and youth 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 the private agency employee who coordinates the planning efforts of all the persons working on behalf of a child.

"Case plan" means a written document adhered to and followed by a foster child's parent or parents, foster parent or parents, the department, and all other caregivers. A case plan may include, but is not limited to:

(a) A description of the type of home or facility in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the department plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child;

(b) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate return of the child to their own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan;

(i) The names and addresses of the child's health and educational providers;

(ii) The child's grade level performance;

(iii) The child's school record;

(iv) A record of the child's immunizations;

(v) The child's known medical conditions;

(vi) The child's medications; and

(vii) Any other relevant health and education information concerning the child determined to be appropriate by the department;

(d) Relevant professional assessments of the child;

(e) Court orders concerning the child; and

(f) Any other relevant plan, assessment, knowledge, material, or information concerning the child determined to be appropriate by the department.))"Cardiopulmonary resuscitation (CPR)" means an emergency lifesaving procedure performed when an individual's breathing or heartbeat has stopped.

"Caseworkers" means the primary ((agency)) workers assigned to the ((child))children or youth through ((DCYF))the department or another government agency, including tribal governments.

"Certification" means ((either)):

(a) ((Our review of whether you))Kinship or foster homes supervised by a CPA that meet the licensing requirements((, even though you do not need to be licensed)); or

(b) ((A licensed child placing agency (CPA) representing that a foster home being supervised by that CPA meets licensing requirements. The final decision for licensing is the responsibility of DCYF))Individuals approved by the department as certified respite providers or certified kinship providers.

"Chapter" means chapter 110-148 WAC.

"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Child welfare (CW)" means the services or programs in the child welfare division within the department.

(("Child,")) "Children," or "youth" ((for this chapter,)) means ((a person))individuals in care who ((is))are one of the following:

(a) ((Under))Younger than 18 years of age;

(b) Kindergarten to 18 years of age residing in a residential private school;

(c) Up to ((21))22 years of age and enrolled in services through DDCS in the department of social and health services((, developmental disabilities administration (DDA))) the day prior to ((his or her))their 18th birthday and pursuing either a:

(i) High school or equivalency course of study (((GED/HSEC), or vocational program))concluding at the end of the school year in which the student turns 22 years of age; or

(ii) Vocational program concluding at the end of the school year in which the student turns 22 years of age;

(((c)))(d) Up to 21 years of age ((and participates)):

(i) When participating in the extended foster care program; or

(((d) Up to 21 years of age with intellectual and developmental disabilities;))(ii) With developmental disabilities; or

(e) Up to 25 years of age and ((under))in the custody of the juvenile rehabilitation division.

(("Child placing agency (CPA)" means an agency or tribe licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Child welfare" or "CW" means the division of child welfare within DCYF. CW provides case management to children and families involved in the child welfare system.))

"Compliance agreement" means a written improvement plan ((to address the changes needed)) to meet licensing requirements in this chapter.

"Controlled substances" means the same as in RCW 69.50.101.

"Department" means the Washington state department of children, youth, and families.

"Developmental capabilities" means the combined physical, cognitive, social, emotional, spiritual, and communication capabilities of children or youth that evolve over time.

"Developmental disability" means the same as defined in RCW 71A.10.020.

"((DDA))Developmental disabilities community services (DDCS)" means the developmental disabilities community services in the department of social and health services((, developmental disabilities administration)).

(("Department of children, youth, and families (DCYF)" or "department" means the Washington state department of children, youth, and families.

"Developmental disability" is a disability as defined in RCW 71A.10.020.

"FBI" means the Federal Bureau of Investigation.

"Foster home or foster family home" means a person(s) licensed to regularly provide 24-hour care in their home to children.))"Early periodic screening, diagnosis, and treatment (EPSDT)" means an early periodic screening, diagnosis, and treatment exam completed by a licensed health care provider. This is also referred to as a well child exam.

"Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children or youth to monitor their behavior.

"Emergency medication" means medication used to treat conditions that may carry a high risk of mortality or long-term negative impacts on individuals' daily functions or quality of life.

"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.

"Extended foster care (EFC)" means the same as defined in RCW 74.13.020.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender" or "gender identity" means an individual's inner sense of being a female, male, a blend of both or neither, or another gender. This may or may not correspond with an individual's sex assigned at birth.

"Gender expression" means individuals' outward communication of their gender through behavior or appearance. This may or may not conform to their sex assigned at birth or socially defined behaviors and characteristics typically associated with being either masculine or feminine.

(("Gender fluid" means individuals whose gender identities are flexible, not permanent.))

"Guardians" ((has the same meaning in this chapter))means the same as defined in RCW ((26.33.020(11)))13.34.030.

(("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.

"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.))"Inaccessible" means a method to prevent children and youth from reaching, entering, using, or getting to items, areas, or materials in the home.

"Indian children" means the same as defined in WAC 110-110-0010.

"Infants" means ((a child less than 12 months of age))children from birth to one year old.

(("Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.))

"Intersex" ((is))means an umbrella term used to describe a wide range of natural bodily variations when the body is born with a combination of chromosomes, internal organs, or external genitalia that do not develop as expected.

"Lesbians" means females or women who have an emotional or physical attraction for other females or women.

"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual. The "+" represents identities not specifically named in the LGBTQIA acronym, e.g., pansexual, gender nonbinary, and Two-Spirit.

"License" means a permit issued by ((us confirming that you and your home))the department when foster homes meet the licensing ((standards))requirements established in this chapter.

"Licensed health care providers" means ((a)) medical doctors(((MD))), doctors of osteopathy (((DO))), doctors of naturopathy (((ND))), physician's assistants(((PA))), or ((an)) advanced registered nurse practitioners(((ARNP))).

"Licensing division (LD)" means the division ((within DCYF that licenses and monitors foster homes, child placing agencies, and licensed group care facilities))in the department that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents and guardians.

"Licensors" means either:

(a) ((A)) LD employees who recommend((s)) approvals for, or monitor((s)) licenses or certifications for foster homes, licensed kinship homes, residential private schools, facilities, and agencies established under this chapter; or

(b) ((An employee of a)) CPA employees who ((certifies))certify or monitor((s)) foster homes or kinship homes supervised by the CPA.

(("Maternity services" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.))"Location tracking" means the process of monitoring the physical location of individuals using technology.

"Medically fragile" means the condition of a child or youth who requires the availability of 24-hour skilled care from a health care professional or specially trained family or foster family member. ((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))they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring.

"Missing ((child))children" means any child ((less than 18 years of age in licensed care)) or youth under the placement, care, ((custody,)) and authority of ((DCYF and the child's))the department whose whereabouts are unknown or ((the child))who has left care without the permission of ((the child's caregiver or DCYF))their foster parents, the department, or tribal government. This does not include children or youth in dependency guardianships.

(("Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.))

"Nonbinary" ((is))means a term of self-identification for individuals who do not identify within the limited and binary terms that have described gender identity, e.g., female and male. Nonbinary is also an umbrella term for many identities such as gender expansive, gender fluid, and genderqueer.

"Other weapons" means instruments other than firearms intentionally designed to cause bodily harm or physical damage. These include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, and archery equipment.

"Out-of-home ((placement))care" means ((a child's placement in a home or facility other than the home of a child's parent, guardian, or legal custodian))the same as defined in RCW 13.34.030.

"Over-the-counter medications" means drugs that can be obtained without a prescription and their use is not restricted by a licensed health care provider. For the purpose of this chapter this includes, but is not limited to, herbal supplements, vitamins, eye drops, ointments, and pain relievers.

"Parents" ((has the same meaning in this chapter))means the same as defined in RCW 26.26A.010(((15))).

"Probationary licenses" 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))the same as defined in RCW 74.15.020.

"Professional therapeutic foster care (PTFC)" means a foster home that is certified by a CPA to provide PTFC services.

"Property" or "premises" means ((your buildings and grounds adjacent to your residential property that are owned or managed by you))homes, buildings, and grounds, including those adjacent to the residential property, that are owned, rented, or managed by the applicant or licensee.

"Psychotropic medication" means a type of medicine prescribed to affect or alter thought processes, mood, sleep, or behavior. These include anti-psychotic, anti-depressant, and anti-anxiety medications.

"Queer" ((is))means a term used to express LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Relatives" means ((a person who is related to a child as defined in RCW 74.15.020))the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2), or caregivers of Indian children who are defined by tribal code or customs as relatives or extended family.

"Respite" means ((brief, temporary relief care provided by an in-home or out-of-home provider paid by the department. The respite provider fulfills some or all of the care provider responsibilities for a short time))the same as defined in RCW 74.13.270 including, but not limited to, appropriate, temporary, short-term care benefit provided to a licensed foster parent or licensed kinship caregiver paid by the department.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

(("SOGIE" is an acronym for sexual orientation, gender identity, and expression which are))"Sexual orientation, gender identity, and expression (SOGIE)" means distinct identifiers everyone has. LGBTQIA+ is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals.

"Transgender" ((is))means an umbrella term for individuals whose gender identity or expression is different from cultural expectations based on the sex they were assigned at birth. Gender-affirming medical care is not a prerequisite to identify as transgender. Being transgender does not imply any specific sexual orientation.

(("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.))

"Two-Spirit" means a modern((, pan-indigenous)) umbrella term used by some ((indigenous North Americans to describe Native people))Native Americans to describe Native American individuals in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being Two-Spirit does not imply any specific sexual orientation.

(("Washington state patrol fire protection bureau or WSP/FPB" means the state fire marshal.

"We, our, and us" refers to the department of children, youth, and families, including LD and CW staff.

"Young child" refers to a child age 12 months through eight years old.))"Well-being file" means a collection of children's or youth's records related to their specific needs and services while in care.

LICENSING PROCESS

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1310((Am I required to have a license to provide care to children?))Licensing requirements for providing foster care to children and youth.

((You must be licensed if you provide care on a twenty-four hour basis to a child who is not related to you. Exceptions to this rule are listed in RCW 74.15.020 or by order of the court under chapters 26.10 RCW or RCW 13.34.065.))Individuals:

(1) Must have a license from the department to provide care on a 24-hour basis to children or youth to whom they are not related to, except:

(a) As outlined in RCW 74.15.020; or

(b) By court order in RCW 13.34.065; and

(2) May receive a license from the department based on certification from a CPA that they meet the licensing requirements of this chapter.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1315((How is an application submitted?))Submitting foster home applications.

(((1) You must complete your licensing application packet with all LD required documents within 90 days of submitting the application and background authorization forms to the department.

(2) If you do not meet this 90-day deadline, your licensor may withdraw your application.))(1) Individuals requesting to be foster parents must apply for a license to provide foster care by:

(a) Submitting their application and completed background check authorization forms for all required household and property members to either the:

(i) Department; or

(ii) CPA; and

(b) Completing the application packet by submitting any supporting documents within 90 calendar days of starting the application process.

(2) The department may withdraw the application if foster parent applicants do not complete the application packet within the 90 calendar day deadline.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1320((When will the department grant me a foster family license?))Foster care licensing requirements.

(((1) We issue you a license when you and everyone in your household meet the licensing requirements contained in this chapter, and all required documents are in the licensing file. In addition, you must maintain all requirements in this chapter and provide verification to your licensor, if requested.

(2) You and other caregivers over the age of 18 must:

(a) Complete first aid and age-appropriate, adult or infant, cardiopulmonary resuscitation (CPR) training. Training must be department approved and accredited with nationally recognized standards; and

(b) Complete bloodborne pathogens training including infection control standards consistent with educational materials published by the department of health.

(3) You, your household members, individuals living on any part of your property, and anyone else having unsupervised contact with your foster children must pass a background check, as required by chapter 110-04 WAC:

(a) Anyone 16 years old or older must pass a background check;

(b) Anyone younger than 16 years old must pass a background check if the department determines one is warranted to ensure the safety of a child;

(c) Anyone 18 years old or older must pass an FBI fingerprint-based background check, unless the individual is unable to obtain fingerprints due to a mental or physical disability and can provide documentation of such disability to the department; and

(d) Anyone 18 years old or older must complete a child abuse and neglect registry check from each state they have lived in over the past five years indicating:

(i) No license denials or revocations from an agency that regulates the care of children or vulnerable adults, unless the department determines that you do not pose a risk to a child's health, safety, well-being and long-term stability; and

(ii) No finding or substantiation of abuse or neglect of a child or a vulnerable adult, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(4) You and your household members over the age of 18 must complete a tuberculosis (TB) screening. The department may require a medical evaluation or TB test that is a purified protein derivative skin test or a blood test, based on the results of the TB screening. If there is a positive evaluation or TB test, then the individual must submit a physician's statement identifying that there is no active TB or risk of contagion to children in care.

(5) For any children living in the household not receiving out-of-home care, you must have proof of current immunizations for all vaccine-preventable diseases detailed in WAC 246-105-030. For all children not receiving out-of-home care, we may grant a medical exception to this requirement if the immunization is contrary to the child's health as documented by a licensed health care provider on a certificate of exemption.

(6) You and all household members must have pertussis and influenza immunizations to serve foster children who are:

(a) Under the age of two; or

(b) Medically fragile as defined in WAC 110-148-1305.

(c) A medical exception may be granted if the immunization is contrary to your or the household member's health as documented by a licensed health care provider.

(7) Before granting or renewing a license, your licensor will assess your ability to provide a safe home and to provide the quality of care needed by children placed in your home. Your licensor will also determine that you meet training requirements.

(8) Foster children under the care and authority of the department living in your home do not need to obtain a criminal history check, FBI fingerprint check, or TB test.))Applicants and foster parents must complete the following to receive and keep a foster home license:

(1) Meet the licensing requirements in this chapter;

(2) Provide verification of meeting licensing requirements to their licensor upon request; and

(3) Obtain, verify, and retain all required documentation that:

(a) Training requirements outlined in WAC 110-148-1375 have been met;

(b) Household members, individuals living on the premises, and anyone else having unsupervised contact with children and youth have passed a background check, as required by chapter 110-04 WAC and as follows:

(i) Individuals 18 years old or older must:

(A) Pass a Federal Bureau of Investigation fingerprint-based background check, unless the individual has a documented mental or physical disability preventing them from obtaining fingerprints; and

(B) Complete a child abuse and neglect registry check from each state they have lived in over the past five years indicating they have none of the following, unless the department determines they do not pose a risk to children's or youth's health, safety, well-being, and long-term stability:

(I) Any license denials or revocations from an agency that regulates the care of children, youth, or vulnerable adults; or

(II) Any finding or substantiation of abuse or neglect of a child, youth, or a vulnerable adult;

(ii) Individuals 16 years old or older must pass a background check; and

(iii) Individuals younger than 16 years old must pass a background check only if the department determines one is needed for the safety of children or youth; and

(i) Complete the department's TB screening form;

(ii) Follow through with TB testing as required; and

(iii) Provide the licensor with all documentation required by the TB screening form:

(A) Prior to licensure; and

(B) For any known exposure or ongoing transmission; and

(d) Immunizations have been completed as follows:

(i) Children and youth not in care have completed immunizations following WAC 246-105-030, unless they have a medical exemption signed by the:

(A) Child's or youth's parents or guardians or the youth if they have the legal authority to consent for their own medical care; and

(B) Licensed health care provider; and

(ii) Household members have current pertussis and influenza vaccines if the foster home cares for children younger than two years old or medically fragile children or youth. The department may grant an exception to these requirements if foster parents provide documentation from a licensed health care provider that the immunization is contrary to the household member's health.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1321((May I request a provisional expedited foster family license?))Requesting provisional expedited foster home licenses.

(((1) You may request a provisional expedited foster family license if you meet all of the following requirements:

(a) You have been licensed to provide foster care within the previous five years;

(b) You have not had your foster care license closed due to a denial, revocation, or an agreement to relinquish;

(c) You reside in the same home in which you previously held a foster care license and no additional individuals have moved into your home;

(d) You are applying for an expedited license that will be supervised by the same agency that previously licensed or certified you and the agency agrees to supervise your home; and

(e) You and all household members age sixteen years old and older have passed the required background check for this provisional expedited foster family license.

(2) To initiate a provisional expedited license, you must submit a completed expedited license application and completed background check authorization forms for all household members who are sixteen years old and older to DLR or a licensed child-placing agency.

(3) In order for your full license to be processed you must submit your licensing application packet within fourteen days. Application packets are available from DLR and licensed child-placing agencies.

(4) You will be issued a provisional expedited foster family license if you have submitted the policy agreements and all of the required household members in your home have passed the required background check. The provisional expedited foster family license will be issued for ninety days and will close after ninety days.

(5) Your licensing or certifying agency will continue to work with you and make every effort to ensure that individuals qualified for and seeking a provisional expedited foster family license may become fully foster care licensed within forty days of the department's receipt of a complete application for a provisional expedited foster family license.

(6) You do not have the right to appeal the department's decision that you do not meet the criteria for a provisional expedited foster family license.))(1) Foster parent applicants:

(a) May request a provisional expedited foster home license if they have:

(i) Been licensed to provide foster care within the previous five years;

(ii) Not had a foster home license closed due to:

(A) A denial;

(B) A revocation; or

(iii) Live in the same home where they previously held a foster home license and no additional individuals have moved into the home; and

(iv) Requested an expedited license that will be supervised by the same agency that previously licensed or certified the home and that agency agrees to supervise the home;

(b) Must submit the following to the department or the CPA to begin a provisional expedited licensing process:

(i) A completed expedited license application; and

(ii) Completed background check authorization forms for all household members and individuals living on the premises as outlined in WAC 110-148-1320; and

(c) Do not have appeal rights if the department determines they do not meet the criteria for a provisional expedited foster home license as outlined in RCW 74.15.127.

(2) The department will:

(a) Issue a provisional expedited foster home license that is valid for 90 calendar days to applicants when:

(i) They have submitted an agreement to follow the requirements in this chapter; and

(ii) All of the required household members in the home and individuals living on the premises have passed the required background check including fingerprint background checks for household members age 18 years and older. The provisional expedited foster home license will be issued for 90 calendar days and will close after 90 calendar days.

(b) Make every effort to issue the provisional expedited license within 40 calendar days of receiving the application as long as the applicants complete the following in a timely manner:

(i) Submit all documents in (a) of this subsection; and

(ii) Meet all the requirements for a provisional expedited license, including a site visit.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1325((How is a license issued and where is it kept?))Receiving and keeping a foster home license.

(((1) We will issue a foster family license for the name and address shown on your application when requirements have been met. If you move, we must visit your new home to determine whether you continue to meet licensing requirements. Your license cannot be transferred to someone else.

(2) Your license is issued for a three-year period.

(3) You must keep your foster family license at your home available for viewing if requested.))The department will issue foster home licenses when all licensing requirements have been met and licenses:

(1) Are valid:

(a) Only for the names and addresses listed on the application; and

(b) For a three-year period;

(2) Cannot be transferred to someone else; and

(3) Are kept in the home and available for viewing upon request.

AMENDATORY SECTION(Amending WSR 24-17-063, filed 8/15/24, effective 9/15/24)

WAC 110-148-1330((May I receive more than one in-home family license and what are the requirements for))Requesting and holding multiple licenses, certifications, or authorizations((?)).

(1) The department may ((approve licensees' request to have more than one department license, certification, or authorization, e.g., child care license and foster care license.

(2) If providers hold both a child care license and a foster care license, the providers must comply with WAC 110-300-0300 and develop and follow a written individual care plan for every child in care with developmental, health, or behavioral needs.

(3) To offer overnight child care, licensees who hold both a child care early learning program license authorized under chapter 110-300 WAC, and a foster family home license authorized under this chapter, must comply with:

(a) WAC 110-300-0270; and

(b) All other applicable rules under this chapter and chapter 110-300 WAC.

(4) Applicants must submit a complete licensing application for each license they are seeking:

(a) The license application must be completed by the applicant pursuant to the laws and rules that govern each license; and

(b) For applicants who apply for more than one license, the department must conduct an individualized assessment of each complete license application prior to approving or denying an application for any license, certification, or authorization requested by the applicant.

(5) When requests are received for multiple licenses,))issue more than one department license, certification, or authorization to foster parents, including child care and foster home licenses.

(2) Applicants applying for more than one license must:

(a) Submit a complete licensing application for each license they are applying for;

(b) Meet the laws and rules for each license they are applying for; and

(c) Receive an individualized assessment by the department for each licensing application they submitted prior to being approved or denied.

(3) Foster parents who hold both a child care license and a foster home license must:

(a) Develop and follow written individual care plans for every child and youth with developmental, health, or behavioral needs in compliance with WAC 110-300-0300; and

(b) Comply with applicable rules under this chapter and chapter 110-300 WAC to offer overnight child care.

(4) The department will determine the capacity limits for each license based on the requirements in:

(a) Title 110 WAC; and

(b) The chapter within Title 110 WAC that authorizes the specific license type they have applied for.

(((6)))(5) If the department determines that licensees are not in compliance with all applicable requirements and regulations for any license, certification, or authorization:

(a) The department and licensees may mutually agree to amend one or more of the licenses, certifications, or authorizations;

(b) The licensees may voluntarily agree to surrender or relinquish one or more of the licenses, certifications, or authorizations to the department; or

(c) The department may issue fines or suspend, deny, modify, or revoke one or more of the licenses as outlined in RCW 43.216.325 and 74.15.130.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1335((What happens when licensing requirements differ from contract requirements?))Licensing and contract requirements.

((You may also hold a contract with the state to provide services. When contract or other statutory requirements differ from licensing, you must meet the highest standard.))Foster parents:

(1) May hold a contract with the state to provide services; and

(2) Must meet the most stringent requirements if the contract requirements differ from the licensing requirements in this chapter.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1340((What do I do to renew my license?))License renewal requirements.

(((1) As a courtesy, a renewal notice will be sent to you 90 days prior to your license expiration date. If you do not receive this renewal notice it is your responsibility to contact your licensor.

(2) You must send the application and background authorization form to renew your license prior to the expiration date of your current license. Your license may be closed if we do not receive your application))(1) Foster parents must:

(a) Submit the renewal application and all required background authorization forms prior to the expiration date of the current license; and

(b) Collaborate with the licensor to complete the license renewal process.

(2) The department may:

(a) Close a foster home license if an application is not received by the expiration date; and

(b) Send a renewal notice to the foster parent 90 calendar days prior to ((your))their license expiration date.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1345((Who must have access to my home?))Access to foster homes.

((The department (and, if you are supervised by a CPA, CPA representatives) must have access to your premises, foster children, and documents related to foster children in your care.))Foster parents must allow the department and their CPA, if applicable, access to the:

(1) Premises;

(2) Children and youth; and

(3) Documents related to the children and youth.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1350((What are the roles of the department and the CPA?))Becoming certified by a CPA to provide foster care.

(((1) We have the legal authority to license homes for the care of children in out-of-home placement. You may choose to be supervised by us, or by a CPA.

(2) We license CPAs, including tribal CPAs, to supervise foster homes. The CPA is authorized to certify to the department that you meet the licensing requirements contained in this chapter.

(3) A CPA has the discretion whether or not to certify you. If you disagree with a CPA's decision, you must abide by the CPA's grievance process to challenge the decision.

(4) A CPA may, at their discretion, have additional requirements for you to become and remain a licensed foster home under their supervision.

(5) The department has the final approval for licensing you, if you are certified by a CPA.))(1) Foster parents may choose to be supervised and certified for licensure by a department licensed CPA. Foster homes supervised and certified by CPAs must:

(a) Comply with any additional requirements the CPA may have for them to become and remain licensed; and

(b) Follow the CPA's grievance process if they want to challenge the CPA's decision not to certify the home.

(2) The department maintains the final approval for licensing foster homes that are certified by CPAs.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1355((Can I be licensed as a foster home if I also work for a CPA or DCYF?))Licensing employees of the department or a CPA.

(((1) If you or your relatives work for a CPA in the roles of administration, supervision, foster home certification, placement, payment authorization, or case management, you may not be certified by that CPA as a foster home.

(2) If you go to work for the agency that has already certified your home, and you serve in one of these roles, you must be recertified through another agency or become licensed directly by the department within six months of employment.

(3) You or your relatives may not have financial interest in an agency and be licensed or certified by that agency.

(4) If you or your relative works for DCYF, you must follow department policy regarding licensure.))Foster parents:

(1) Who work for or are related to an employee of the department must follow department policy regarding licensure.

(2) Must not be certified for foster care by a CPA if they or one of their household members:

(a) Work for the CPA in the role of:

(i) Administration;

(ii) Supervision;

(iii) Foster home certification;

(iv) Placement;

(v) Payment authorization; or

(vi) Caregiver support; or

(b) Have a financial interest in that CPA; and

(3) That begins employment, volunteering, an internship, or is contracted with the CPA that certified their foster home and they are in one of the roles in subsection (2)(a) of this section, must complete the following within six months of when they begin working with the CPA to remain licensed:

(a) Be recertified by another CPA; or

(b) Become licensed directly by the department.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1360((When may I be certified to provide care to children?))Foster homes licensed by a tribal authority.

(((1) When you meet the licensing requirements, you may apply to us for certification of your home, rather than a license, if the following conditions apply:

(a) You are exempt from needing a license (per chapter 74.15 RCW), and you wish to serve department-funded children; or

(b) You are licensed by authority of an Indian tribe within the state under RCW 74.15.190.))Foster homes may be licensed to provide foster care by the authority of an Indian tribe within Washington state as outlined in RCW 74.15.190.

QUALIFICATIONS

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-148-1365((What are the personal requirements for foster parents?))General requirements for applicants and foster parents and those living on the premises.

(((1) You must be at least 21 years old to apply for a license.

(2) You must demonstrate you have:

(a) The understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of children under your care;

(b) Sufficient regular income to maintain your own family, without foster care reimbursement unless you are an approved PTFC home as outlined in WAC 110-148-1366; and

(3) You must comply with the case plan for the children in your care.

(4) You must not use drugs or alcohol, whether legal or illegal, in a manner that affects your ability to provide safe care to children.

(5) You and everyone residing on your premises or who you allow to have unsupervised access to children must demonstrate they can provide children with a nurturing, respectful, and supportive environment.))(1) Foster parent applicants must complete the following to apply for a foster home license:

(a) Be at least 21 years old; and

(b) Demonstrate through the department's assessment process:

(i) They have the:

(A) Understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of children and youth;

(B) Financial means to meet the needs of the family without foster care reimbursement for the children and youth; and

(I) Children and youth;

(II) The department;

(III) Health care providers; and

(IV) Other service providers;

(ii) The condition of the home and property meet the health, safety, and well-being needs of children and youth; and

(iii) All members of the household:

(A) Agree to comply with the licensing requirements; and

(B) Have the physical and mental health to not interfere with the foster parent's ability to meet the health, safety, and well-being needs of children and youth.

(2) Foster parents must comply with the following upon and after placement of children and youth in their care:

(a) Follow all caseworker and CPA guidance and instructions;

(b) Not use:

(i) Illegal substances; or

(ii) Any of the following in the presence of or when caring for children or youth, or in a way that affects their ability to provide safe care:

(A) Legal drugs;

(B) Alcohol to the point of intoxication; and

(c) Verify that everyone residing on the premises who has unsupervised access to children and youth can provide an environment that is:

(i) Safe;

(ii) Nurturing;

(iii) Respectful; and

(iv) Supportive.

(3) The department may require the following when there is a concern about a child's or youth's health, safety, or well-being:

(a) Applicants and foster parents to provide additional information; or

(b) The following if the concern is not mitigated by additional information, an evaluation of the:

(i) Premises; or

(ii) Applicant, foster parents, or anyone living in the home or on the premises by an evaluator the department approves.

(4) Applicants and foster parents must complete the following when the department requires an evaluation:

(a) Pay any related costs for evaluations required by the department; and

(b) Give written permission for the evaluator to exchange information with the department prior to and throughout the evaluation process.

PTFC SERVICES

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-148-1366((What are the qualifications to provide PTFC services?))Licensing requirements to provide PTFC services.

(((1) You must be a licensed foster parent through a CPA; and

(2) You must))CPA licensed foster homes may provide PTFC services if they meet the requirements ((specified)) in the PTFC contract.

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-148-1367((What happens if I am applying to provide PTFC services and I do not have sufficient income?))Income requirements to provide PTFC services.

((The department may issue you a license if you meet all other PTFC requirements but lack sufficient income to provide general foster care.))Foster homes providing PTFC services may be licensed for foster care if they lack the financial means required in WAC 110-148-1365 when they meet all other PTFC requirements.

AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)

WAC 110-148-1368((What happens if I stop providing PTFC services?))Terminating PTFC services.

((If you are approved as a PTFC home and stop providing PTFC services within the contracted time frame:

(1) You must inform the CPA and the department; and

(2) The department must:

(a) Place you in no referral status; and

(b) Not place any additional children in the home until you provide income verification that meets the requirements for general foster care in WAC 110-148-1365 (2)(b).))(1) Foster homes that are approved as a PTFC home and stop providing PTFC services within the contracted time frame must notify the CPA and the department.

(2) The department will complete the following when PTFC homes stop providing PTFC services within their contracted time frame:

(a) Place the home on no referral status upon receipt of the notification; and

(b) Not place any additional children or youth in their home for foster care until the foster parents demonstrate they meet the financial requirement in WAC 110-148-1365.

TRAINING REQUIREMENTS

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1375((What training am I required to have before I become licensed?))Preservice, first-aid, CPR, and bloodborne pathogens training requirements.

(((1) Before you are licensed for the first time, preservice training will be required for, at a minimum, the primary caregiver in your home.

(2) All members of the household over the age of 18 who provide care must have and maintain the following training:

(a) First aid;

(b) Age appropriate cardiopulmonary resuscitation (CPR); and

(c) Bloodborne pathogens and infection control standards consistent with educational materials published by the department of health.

(3) The department-approved first aid and CPR training must be accredited with nationally recognized standards. It also must include an in-person exercise demonstrating that you are capable of performing CPR.

(4) You must keep records in your home showing completed current first-aid and age appropriate CPR training for all care providers.

(5) Training for CPR is not required if you have a statement from a physician that the training is not advised for medical reasons. In that case, another person with current CPR training must be on the premises when children are present.

(6) Applicants with current and active medical licenses or certificates; nurses, physicians and EMS personnel, may submit their licenses or certificates to satisfy the first aid, CPR, and bloodborne pathogens requirement.))(1) Foster parents must:

(a) Complete preservice training before licensure, which includes:

(i) The mandatory reporting training; and

(ii) Foundational training in:

(A) Culturally responsive care;

(B) LGBTQIA+ affirming care; and

(b) Maintain records showing current first-aid, CPR, and bloodborne pathogens training for all foster parents and caregivers in the home.

(2) Foster parents and all household members 18 years old and older who provide care must complete and maintain the following department approved training:

(a) First aid;

(b) CPR for the ages of the children and youth they are licensed for that includes an in-person demonstration; and

(3) Foster parents and others providing care are not required to complete CPR training if the following requirements are met:

(a) They have a statement from a licensed health care provider advising them not to complete training for medical reasons; and

(b) Another individual with current CPR training is on the premises when children and youth are present.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1380((What training must I complete after I am licensed?))In-service training requirements.

(((1) You and your licensor must develop an individual in-service training plan pursuant to the department's foster home training policy. The training plan will be based on the type of children in your care and your previous training and experience.

(2) If you fail to complete your training requirements, we may take corrective action by:

(a) Delaying your foster care renewal license until the requirements are met;

(b) No longer placing children in your home; or

(3) We may modify training plans at any time and we may require specific training given the needs of the foster children placed in your home.))(1) Foster parents must develop their in-service training plan with the department or CPA based on:

(a) The department's foster home training policy;

(b) The needs of children and youth;

(d) Building on their preservice foundational training in:

(i) Culturally responsive care;

(ii) LGBTQIA+ affirming care; and

(iii) Trauma-informed care.

(2) The department:

(a) Must take one or more of the following actions if foster parents fail to complete the training requirements, including:

(i) Issuing a compliance agreement;

(ii) Delaying the foster care renewal license until the requirements are met;

(iii) No longer placing children or youth in the home; or

(iv) Taking one of the following licensing actions:

(A) Issuing a probationary license;

(B) Suspending the license; or

(b) May:

(i) Modify training plans at any time; or

(ii) Require specific training related to the needs of children and youth in their care.

LICENSE CAPACITY, ADMITTING, AND RETAINING CHILDREN AND YOUTH

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1385((How do you decide the capacity for my home?))Determining license capacity.

(((1) We will identify the maximum number, age range, and gender of children that may be placed with you. We will base this on your skills, the number of care providers, the physical accommodations in your home, and the needs of the children placed in your home.

(2) The maximum number of children in a licensed foster home is:

(a) Six children in a home licensed with two caregivers. This includes your own children under the age of 18, and children in foster or respite care;

(b) Four children, in a home licensed with one caregiver. This includes your own children under the age of 18, and children in foster or respite care;

(c) If you already have the maximum number of your own children as specified in (a) or (b) in this subsection, you may be licensed for one foster child at our discretion if you meet the other licensing requirements.

(3) If you reach maximum capacity during licensure because you give birth or adopt, your licensor will determine your home's suitability for one additional child.

(4) At any one time you may care for not more than:

(a) Two children less than two years of age or who are nonambulatory, including your own children; or

(b) Four children with intellectual and developmental disabilities as defined in RCW 71A.10.020; or

(c) Three medically fragile foster children who need semi-skilled maintenance or supportive services. You must have the qualified training and experience to provide proper care.

(5) You may have placement of a teen parent and their child. Both the teen parent and their child do not have to be in the custody of the department or a CPA, however, they will count towards your maximum capacity.))(1) The department:

(a) Will:

(i) Issue licenses that specify the licensed capacity, which is the maximum number, age range, and gender of children and youth that may be placed in a foster home;

(ii) Determine capacity based on the:

(A) Number of foster parents;

(B) Foster parents' skills;

(D) Needs of the children and youth placed in the home; and

(iii) Limit the number of children and youth in a foster home to the following, except as outlined in WAC 110-148-1390:

(A) Six children and youth in a home licensed with two foster parents;

(B) Four children and youth in a home licensed with one foster parent; and

(b) May allow foster homes to exceed the capacity limits in (a)(iii) of this subsection in the following cases:

(i) Applicants that have the maximum number of children and youth specified in (a)(iii) of this subsection living in the home may be licensed for one foster child or youth if the home meets all the other licensing requirements; and

(ii) When it has been determined that the home reached maximum capacity during licensure due to birth, guardianship, or adoption and the department has assessed the foster parent's suitability for one additional child or youth.

(2) Foster parents:

(a) Must not care for more than the following capacity except as outlined in (b) of this subsection:

(i) Two children younger than two years old or who are nonambulatory, which includes all children and youth living in the home; or

(ii) Three children or youth with:

(A) Developmental disabilities;

(B) Emotional conditions and an individual supervision plan developed by the department;

(D) Medical needs that meet the criteria for medically fragile children or youth who need semi-skilled maintenance or supportive services that the foster parents have the training and experience to care for; and

(b) May:

(i) Request an exception to (a) of this subsection if they develop a plan to demonstrate how they can provide for the safety, health, and well-being of additional children and youth;

(ii) Accept placement of a teen parent and their child even if they are not in the placement care and authority of the department, tribe, CPA, or another government agency. If this occurs, both the parent and the child will count towards the maximum capacity; and

(iii) Request a modification to expand the capacity on their license when they have been licensed for:

(A) Six or more months and have demonstrated the ability to care for children within their licensed capacity; or

(B) Less than six months and have approval from the LD administrator.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1390((Can I accept children outside the limitations of my license?))Overcapacity requests.

(((1) We have the discretion to allow you to temporarily exceed your capacity. The placement must be in the best interest of the child and may not affect the health and safety of other children in the home.

(2) If your home is licensed for six foster children, LD will not allow you to exceed your capacity, except to allow:

(a) Parenting youths in foster care to remain with their children;

(b) Siblings to remain together;

(d) A family with the necessary special training or skills to provide care to a child who has a severe disability.

(3) The approval must be in writing and we may require a written plan for additional supervision or other requirements before granting approval.))(1) The department:

(a) May allow foster parents to:

(i) Temporarily exceed their licensing capacity as long as the placement:

(A) Is in the best interest of the child or youth; and

(B) Does not affect the health, safety, and well-being of other children and youth in the home;

(ii) Exceed a capacity of six children and youth in a home with two foster parents or four children and youth in a home with one foster parent if one or more of the following conditions exists:

(A) It is an emergency placement;

(B) It allows:

(I) Parenting youth in foster care to remain with their children;

(II) Siblings to remain together;

(III) Children or youth who have an established, meaningful relationship with the foster parents to be placed or remain with them; or

(IV) Foster parents with the necessary special training or skills to provide care to children or youth who have a severe disability; and

(b) Must approve overcapacity approvals in writing.

(2) Foster parents must follow written plans from the department for additional supervision or other requirements including, but not limited to:

(a) Site-specific supervision plans; or

(b) Individual supervision plans.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1395((Do I have to admit or retain all children?))Refusal to admit or retain children and youth.

(((1) You have the right to decline, to admit, or keep a child in your home, unless your decision violates the Washington state law against discrimination, chapter 49.60 RCW. For example, a provider must not decline a child because of the child's actual or perceived race, ethnicity, religion, sexual orientation, gender identity, or SOGIE.

(2) Individual CPA programs may have contracts that specify a child cannot be denied admission.

(3) You do not have the authority to move a child to another home, either temporarily or permanently, without the consent of the child's DCYF caseworker or the CPA case manager. This does not include temporary visits under 72 hours. You must also comply with travel requirements in WAC 110-148-1435.))Foster parents:

(1) Have the right to refuse to admit or retain children or youth in their home, unless that decision:

(a) Is prohibited by their contract with a CPA; or

(b) Violates the Washington state law against discrimination, chapter 49.60 RCW, such as declining to admit children or youth because of their:

(i) Race;

(ii) Ethnicity;

(iii) Disability;

(iv) Religion; or

(v) SOGIE; and

(2) Must not move children or youth to another placement unless it is approved by the children's or youth's caseworker.

MANAGING RECORDS AND REPORTING

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1405((What are the requirements for keeping children's records?))Children's and youth's well-being files and records.

(((1) When a child is placed in your foster home, you must keep the child's records in your home. You should have the following information, if available:

(a) The child's name, birth date, and legal status;

(b) Name and telephone number of the DCYF caseworker or case manager for each child in care;

(d) Information on specific cultural needs of the child including a cultural plan for native children with input from the child's tribe, if appropriate;

(e) The child's medical history including any medical problems, name of doctor(s), type of medical coverage and provider;

(f) The child's mental health history and any current mental health, chemical dependency, and behavioral issues, including medical and psychological reports;

(g) The child's individualized family service plan;

(h) A written list of all prescription medications for the children in your care;

(i) Dental care provider;

(j) Immunizations records;

(k) Child's school records, report cards, school pictures, 504 plans, and individual education plans (IEP);

(l) Special instructions including supervision requirements and suggestions for managing problem behavior;

(m) Inventory of the child's personal belongings;

(n) The child's visitation plan;

(o) Written consent for providing medical care and emergency surgery, as authorized by a court order; and

(p) Names, addresses, and telephone numbers of persons authorized to take the child in care out of your home.

(2) Foster parents are encouraged to obtain a copy of the child's court order or voluntary placement agreement that gives approval to place the child, and the child's case plan from the child's DCYF caseworker.

(3) At the end of the child's placement, you must return reports and information about the child or the child's family to the child's DCYF caseworker or case manager, or the child's next placement at the discretion of the child's DCYF caseworker or case manager.))Foster parents must meet the following requirements for children's and youth's well-being files:

(1) Maintain a well-being file for each child or youth placed in their home that is accessible to authorized individuals;

(2) Retain and update the following information about children and youth in their well-being files, when provided:

(a) The child's or youth's:

(i) Name;

(ii) Birth date;

(iii) Caseworker's name and phone number; and

(iv) List of their personal inventory as outlined in WAC 110-148-1545;

(b) Written consent for providing medical care and emergency surgery when authorized by a court order;

(i) To be contacted in case of emergency; and

(ii) Related to their case who are authorized to have unsupervised access to children and youth;

(d) Name and phone number of their guardian ad litem, child advocate, or attorney;

(e) Special instructions, including supervision requirements and suggestions for therapeutically addressing the children's and youth's behavioral and emotional needs;

(f) Medical information, per WAC 110-148-1415;

(g) Medication records, per WAC 110-148-1575;

(h) Immunizations records, per WAC 110-148-1555;

(i) Their specific cultural needs and how they will be met, if applicable, including:

(i) Spiritual and religious beliefs and practices;

(ii) Race and ethnicity;

(iii) SOGIE; and

(iv) Tribal connection; and

(j) Their most current school and education records per WAC 110-148-1525;

(3) Provide copies of the records listed in this section to the caseworker and CPA as they are updated;

(4) Provide the children's and youth's well-being files at the end of placement to one of the following, their:

(a) Caseworker;

(b) CPA; or

(5) Support and collaborate with their caseworker to share information on how to meet the child's or youth's needs with their family of origin or potential placement; and

(6) Make at least one attempt to request the information from the caseworker or CPA if they do not receive the documents necessary for the health, safety, and well-being of children and youth.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1410((What information is confidential and what information can I share about a child or a child's family?))Confidentiality of children's, youth's, and their families' information.

(((1) Information about a child or the child's family is confidential and must only be shared with people directly involved in caring for a child on a need to know basis, or involved in the case plan for a child. You may discuss information about the child, the child's family and the case plan only with:

(a) Our representatives, including DCYF's LD and CW staff;

(b) Department of health, department of social and health services, office of the state fire marshal and the office of the family and children's ombuds;

(d) A child's tribal social services worker;

(e) Treatment and service providers identified in the child's case plan or with permission of the child's DCYF caseworker; and

(f) The child's guardian ad litem, court-appointed special advocate and attorney.

(2) You may check with your child's DCYF caseworker for guidance about sharing information with the child's parent or guardian, teacher, counselor, doctor and others involved in the child's case plan.

(3) Child placing agencies and the department must share information about the child and child's family related to the case plan with you so that you can meet the child's needs.))Foster parents:

(1) Must comply with the following when sharing information:

(a) Keep information about children and youth and their families confidential; and

(b) Only share children's and youth's information, including their well-being files, to the extent necessary to conduct one's official duties with:

(i) Representatives of:

(A) The department; and

(B) The office of the family and children's ombuds;

(ii) Their caseworker;

(iii) Their CPA, if applicable;

(iv) Their tribe, if applicable;

(v) Their treatment and service providers;

(vi) Their guardian ad litem;

(vii) Their attorney; and

(viii) Emergency services, including law enforcement, first responders, and emergency medical personnel; and

(2) May share information about children or youth with others not listed in subsection (1)(b) of this section when it is:

(a) In collaboration with the children and youth based on their developmental capabilities;

(b) For the children's or youth's benefit; and

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1415((Where can I get a child's health history?))Children's and youth's health information and histories.

(((1) You may get the health history and immunization record from the DCYF caseworker or CPA making the placement for all children placed in your home. The health history should include:

(a) The date of the child's last physical and dental examination;

(b) Allergies;

(d) A history of immunizations;

(e) Clinical and medical diagnoses and treatment plans; and

(f) All currently prescribed medications.

(2) When leaving the foster home, the health history of the child must go with the child to the next placement or be returned to the child's DCYF caseworker or CPA case manager.))Foster parents must:

(1) Obtain or make one attempt to obtain children's and youth's mental and physical health information and histories from the caseworker or CPA placing the children or youth in their home including, but not limited to:

(a) Any medical diagnoses and related treatment plans or reports;

(b) The name of all their licensed health care providers;

(d) The date of their last physical and dental examinations;

(e) Allergies;

(f) Special health issues;

(g) Their mental health history with age-appropriate consent, if applicable, including:

(i) Mental health diagnoses;

(ii) History of harming self or others;

(iii) Substance use, misuse, evaluation, or treatment with age-appropriate consent, if applicable;

(iv) Behavioral diagnoses, evaluation, or treatment with age-appropriate consent, if applicable;

(v) Psychological reports; and

(vi) Any related treatment plans;

(h) Their medical coverage; and

(i) Their provider one information; and

(2) Maintain the health information and histories in subsection (1) of this section in the children's or youth's well-being files, per WAC 110-148-1405.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1420((What incidents involving children must I report?))Reporting incidents.

(((1) You must report the following immediately and in no instance later than 48 hours after the incident to your local DCYF intake staff and the DCYF caseworker or CPA case manager and child's tribal Indian child welfare (ICW) case manager as applicable:

(a) Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care;

(b) Any time you suspect or a child discloses physical or sexual abuse, neglect, or exploitation of a child as required under chapter 26.44 RCW;

(d) Any disclosure by a child in care of sexual or physical abuse;

(e) Any child's suicide attempt that results in injury requiring medical treatment or hospitalization;

(f) Any use of physical restraint alleged to have been improperly applied or excessive;

(g) Physical assault between two or more children that results in injury requiring off-site medical attention or hospitalization;

(h) Physical assault of a foster parent, employee, volunteer, or others by a child in care that results in injury requiring off-site medical attention or hospitalization;

(i) Any medication given or consumed incorrectly that requires off-site medical attention; or

(j) Property damage that is a safety hazard and not immediately corrected or may affect the children's health and safety.

(2) You must report the following incidents related to a child in care as soon as possible or in no instance later than 48 hours after the incident, to the child's DCYF caseworker or CPA case manager and the child's tribal ICW case manager, as applicable:

(a) Suicidal or homicidal thoughts, gestures, or attempts that do not require professional medical treatment;

(b) Unexpected health problems outside the usual range of reactions caused by medications that do not require professional medical attention;

(d) Any treatment by a medical professional for emergency medical or emergency psychiatric care;

(e) Physical assault between two or more children that results in injury but does not require professional medical treatment;

(f) Physical assault of a foster parent, employee, volunteer, or others by a child that results in injury but does not require professional medical treatment;

(g) Drug or alcohol use by a foster child;

(h) Any inappropriate sexual behavior by or toward a foster child; or

(i) Use of prohibited physical restraints for behavior management.))Foster parents must report the following incidents involving children and youth in their care immediately, but no later than 48 hours after the occurrence, to the:

(1) Department intake and the children's or youth's caseworker:

(a) Death;

(b) Injuries or health conditions that carry high risk of mortality or long-term negative impacts on an individual's daily function or quality of life;

(c) Any treatment for medical or psychiatric emergencies that requires an emergency response or admission to the hospital;

(d) Suspected or disclosed physical or sexual abuse, neglect, or exploitation of a child or youth as required in chapter 26.44 RCW;

(e) Sexual contact between two or more children or youth outlined in RCW 9A.44.010, that is not:

(i) Consensual; and

(ii) Developmentally appropriate, including not between preschool or teenage peers;

(f) Suicidal or homicidal attempts or actions;

(g) Use of prohibited physical restraints for behavior management as outlined in WAC 110-148-1620;

(h) Physical assault of a child or youth that results in injury requiring off-site medical attention or hospitalization;

(i) Disclosure of suicidal or homicidal thoughts, gestures, or plans unless there is a plan in place that has been approved by the caseworker;

(j) The child's or youth's self-inflicted physical injury not intended as a suicide attempt that requires off-site medical treatment, unless a plan is in place that has been approved by the caseworker;

(k) Any medication given or consumed incorrectly that requires off-site medical attention; or

(l) Emergencies on the premises requiring activation of the emergency plan required in WAC 110-148-1460; and

(2) Child's or youth's caseworker and licensor:

(a) Disclosure of suicidal or homicidal thoughts or plans unless there is a plan in place that has been approved by the caseworker; 

(b) The child's or youth's self-inflicted physical injury was not intended as a suicide attempt, unless a plan is in place that has been approved by the caseworker;

(c) Health problems outside the usual range of reactions caused by medications that do not require professional medical attention;

(d) Any medication given or consumed incorrectly;

(e) Use of physical restraint alleged to have been excessive or improperly applied as outlined in WAC 110-148-1620;

(f) Physical assault by a child or youth of anyone that results in injury;

(g) Physical assault of a child or youth by a household member, anyone living on the premises, or adult that results in injury;

(h) Discovery of illegal property, drugs, or weapons on the premises;

(i) Discovery of drug or alcohol use or possession by a child or youth, unless a plan is in place that has been approved by the caseworker;

(j) Any inappropriate sexual behavior by or toward a child or youth;

(k) Arrest or detainment of the child or youth;

(l) Suspected or known gang recruitment of or gang activity by children or youth;

(m) Significant property damage on the licensed premises caused by children or youth; or

(n) Serious infection or outbreak of communicable disease that is a threat to children and youth.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1425((What are my reporting responsibilities when a child is missing from care?))Reporting children and youth missing from care.

(((1) As soon as you have reason to believe a child in your care is missing as defined in WAC 110-148-1305 or has refused to return to or remain in your care, or whose whereabouts are otherwise unknown, you are required to notify the following:

(a) The child's DCYF caseworker, as appropriate;

(b) DCYF intake, if the DCYF caseworker is not available or it is after normal business hours;

(2) You are required to contact local law enforcement within six hours if the child is missing from care. You must contact law enforcement immediately in any of the following circumstances:

(a) The child is believed to have been taken from placement. This means the child's whereabouts are unknown, and it is believed that the child has been concealed, detained, or removed by another person;

(b) The child is believed to have been lured from placement or has left placement under circumstances that indicate the child may be at risk of physical or sexual assault or exploitation;

(d) The child has one or more physical or mental health conditions that if not treated daily, will place the child at severe risk;

(e) The child is pregnant, or is parenting and the infant or child is believed to be with them;

(f) The child has severe emotional problems, e.g., suicidal thoughts, that if not treated, will place the child at severe risk;

(g) The child has an intellectual and developmental disability that impairs the child's ability to care for themself;

(h) The child has a serious alcohol or substance abuse problem; or

(i) The child is at risk due to circumstances unique to that child.

(3) After contacting local law enforcement, you must also contact the national center for missing and exploited children at 1 (800)843-5678 and report the child missing from care.

(4) If the child leaves school or has an unauthorized absence from school, you should consult with the child's DCYF caseworker to assess the situation and determine when you should call law enforcement. If any of the factors listed in subsection (2)(a) through (i) of this section are present, you and the child's DCYF caseworker may decide it is appropriate to delay notification to law enforcement for up to four hours after the end of the school day to give the child the opportunity to return.

(5) You must provide the following information to law enforcement and to the child's DCYF caseworker when making a missing child report, if available:

(a) When the child left;

(b) Location the child left;

(d) Any known behaviors or interactions that may have caused the child's departure;

(e) Possible places where the child may go;

(f) Special physical or mental health conditions or medications that affect the child's safety;

(g) Known companions who may be aware or involved in the child's absence;

(h) Other professionals, relatives, significant adults, or peers who may know where the child would go; and

(i) Recent photo of the child.

(6) You must ask law enforcement for the missing person report number and provide it to the child's DCYF caseworker or staff.

(7) At any time after making an initial report you learn of a missing child's whereabouts or the child returns to your home, you must report that information to the child's DCYF caseworker.))Foster parents must:

(1) Notify the following immediately, but not more than 24 hours from, when children or youth are missing from care as defined in WAC 110-148-1305:

(a) Law enforcement;

(b) The children's or youth's caseworker;

(d) The CPA if applicable; and

(e) The National Center for Missing and Exploited Children;

(2) Provide the National Center for Missing and Exploited Children and law enforcement the following information for the missing children or youth:

(a) A recent photo;

(b) Time they left or went missing;

(d) What they were wearing;

(e) Description of their physical features including:

(i) Height;

(ii) Weight;

(iii) Gender;

(iv) Ethnicity;

(v) Race;

(vi) Hair color; and

(vii) Eye color;

(f) Endangerment information, if applicable, including their:

(i) Pregnancy status;

(ii) Prescription medications;

(iii) Suicidal tendencies;

(iv) Vulnerability to being sex trafficked; and

(v) Other health or risk factors;

(g) Possible places they may go;

(h) Physical or mental health conditions or medications that affect their safety;

(i) Known companions who may be aware of or involved in their absence;

(3) Not provide the National Center for Missing and Exploited Children consent to release children's and youth's information under subsection (2)(f) of this section;

(4) Obtain the missing person report number when available;

(5) Notify the children's or youth's caseworker and CPA and provide any of the known information in subsection (2) of this section;

(6) Report the child's or youth's whereabouts if known at any time after making an initial report to all individuals previously contacted; and

(7) If the missing children or youth return home:

(a) Cancel the law enforcement run report; and

(b) Notify all individuals previously contacted.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1430((What are other reporting requirements?))Reporting other circumstances.

(((1) Pursuant to RCW 74.15.100, you must notify the department's licensor before moving to a new location. You may request a continuation of your current license at the new location any time before moving or within 30 days after moving.

(2) You must report to your licensor immediately if:

(a) Your address or telephone number changes;

(b) The structure of your home is damaged or you plan to make changes to the structure; or

(3) You must report to your licensor any significant changes regarding people in your home and your property including:

(a) A change in your marital status;

(b) A separation from your spouse or partner;

(d) The death of immediate family members living in your home;

(e) Anyone moving in or out of your home or on the property;

(f) Any serious physical or mental incapacity that may interfere with the care of children;

(g) Any changes in a medical condition, including changes in prescription drugs that impact your ability to care for children;

(h) A change in employment or significant decrease in income; and

(i) If you adopt a child.

(4) The above changes may require the department or CPA to complete a new assessment of your home. This assessment may or may not result in the issuance of a license.))(1) Foster parents must report the following circumstances to the licensor:

(a) When they are moving to a new address and must follow the notification requirements outlined in RCW 74.15.100. If:

(i) They have children or youth placed in their home, and the family remains intact, they must notify the licensor prior to the move and may request a continuation of their license for up to 30 calendar days; or

(ii) There are no children or youth placed in the home and the family remains intact, they must notify the licensor within 90 calendar days of the move;

(b) Immediately but no more than 72 hours after the occurrence:

(i) A change in foster parents' employment or significant decrease in financial means;

(ii) Guardianship, adoption, or birth;

(iii) Mailing address or phone number;

(iv) Structure of the home or property, whether planned or unplanned;

(v) Any significant changes regarding household members on the premises, including changes in the number of caregivers living in the home;

(vi) An arrest of anyone living on the premises or who has access to children and youth;

(vii) The death of immediate family members living in the home;

(viii) Anyone moving in or out of the premises;

(ix) Any serious physical or mental incapacity of any household member that may interfere with the care of children and youth; and

(x) Any changes in medical conditions, including changes in medications, that impact the foster parents' ability to care for children and youth.

(2) The department may require a new assessment of the home based on changes in subsection (1) of this section, which may result in the issuance of a new license.

TRAVEL REQUIREMENTS

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1435((What are the travel requirements for children in care?))Travel with children or youth.

((You must get written approval from the child's DCYF caseworker for children or youth in the care and custody of the department, prior to any travel over 72 hours, and any out-of-country travel.))When traveling with children or youth, foster parents must:

(1) Follow RCW 74.13.710 for travel for normal childhood activities;

(2) Obtain written approval from the children's or youth's caseworkers prior to them traveling for:

(a) More than 72 hours within the United States or border counties in British Columbia, Canada; or

(b) Any length of time out-of-country travel except as specified in (a) of this subsection; and

(3) Explain to children or youth based on their developmental capabilities the reason for any denial of travel opportunities with friends or activity groups allowed by RCW 74.13.710 if they have not consulted the caseworker.

HEALTH AND SAFETY

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1440((What are the requirements for my home and property?))Home and property.

(((1) Pursuant to RCW 74.15.100, your home must be located at the particular, fixed location stated on your license.

(2) Your home must have adequate indoor and outdoor space, ventilation, toilet and bathing facilities, light and heat to ensure the health and comfort of all members of the household.

(3) Your home must have a properly operating kitchen with a properly maintained and working:

(a) Sink;

(b) Refrigerator;

(d) Oven.

(4) You must keep your home, property, living areas, and furnishings:

(a) Safe and sanitary;

(b) Reasonably free from pests, such as rodents, flies, cockroaches, fleas, and other insects using the least toxic methods available; and

(5) You must keep all toxic materials out of the reach of children and separated from food items.

(6) You must provide adequate laundry and drying equipment, or make other arrangements for laundry on a regular basis.

(7) People must be able to easily open doors from the inside and outside in all areas of the home that are occupied. This includes closets, bathrooms, and bedrooms. You must also have easy access to the outside in case of an emergency.

(8) Your home must meet generally accepted health standards for the storage and preparation of food.

(9) You must develop a plan with your licensor to address hazardous conditions that are present in your home or on your property.

(10) You are responsible for following all local and state regulations such as zoning regulations, local building codes, and fire codes. The department may require you to provide proof that you are complying with local regulations.))(1) Foster homes must:

(a) Be located at the specified, fixed location, and address on the license as outlined in RCW 74.15.100;

(b) Have:

(i) Adequate indoor space and access to outdoor space to meet the needs of children and youth;

(ii) Ventilation;

(iii) Toilet and bathing facilities;

(iv) Light;

(v) Heat that maintains the health and comfort of all members of the household;

(vi) A kitchen with maintained and working equipment, including the following:

(A) Sink;

(B) Refrigerator;

(D) Oven;

(vii) Either:

(A) Adequate laundry and drying equipment; or

(B) Other arrangements for laundry on a regular basis; and

(viii) A phone that works at all times with reliable reception and backup power source while children and youth are present in the home that:

(A) Allows individuals calling the home to leave a message at all times. This includes giving children and youth their phone messages no later than 24 hours from when the message was left or when the child or youth returns to the home; and

(B) Children and youth are able to use privately, per WAC 110-148-1540;

(i) Emergency numbers for the:

(A) Suicide crisis hotlines; and

(B) Washington state poison center; and

(ii) Physical address of the home in a noticeable location unless the home meets an exception in WAC 110-148-1630;

(d) Use doors that are easy to open from the inside and outside in all areas of the home that are occupied, including closets, bathrooms, and bedrooms;

(e) Provide easy access to the outside in case of an emergency;

(f) Have a plan approved by LD that addresses any hazards on the premises, if applicable; and

(g) Follow all local and state regulations such as zoning regulations, local building codes, and fire codes.

(2) The department may require proof that the foster home and premises complies with local and state regulations.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1445((What are the requirements for water, garbage, and sewer in my home?))Garbage, sewer, and water.

(((1) You must maintain adequate sewage and garbage facilities. You must discharge sewage into a public system or into a functioning septic system or a Washington state department of health approved or tribal authority alternative system.

(2) You must have access to a public water supply unless you have a private water supply tested by the local health district or a private water-testing laboratory approved by the Washington state department of ecology or tribal government. Testing is required at the time of licensing, relicensing and at any time the department or CPA deems necessary.

(3) The temperature of running water must not exceed 120 degrees. If the provider does not have control over the main water temperature, the provider must prevent children from being burned or scalded by hot water.))Foster parents:

(1) Must:

(a) Dispose of garbage to maintain sanitary conditions on the premises, including having a system to remove garbage from the premises;

(b) Have adequate sewage facilities that are one of the following:

(i) Connected to a public sewage system;

(ii) A functioning septic system; or

(iii) An alternative system that is approved by DOH or the tribal authority;

(c) Maintain the temperature of running water at or below 120 degrees. If foster parents do not have control over the main water temperature, they must prevent children or youth from being burned or scalded by hot water; and

(d) Have access to either a:

(i) Public water supply; or

(ii) Private water supply that has been tested according to state and local testing guidelines including, but not limited to, testing for coliform and nitrates:

(A) By:

(I) The local health district; or

(II) A private water-testing laboratory approved by the Washington state department of ecology or tribal government; and

(B) At the following times:

(I) Licensing;

(II) License renewal; and

(III) Any time the department deems necessary; and

(2) May request an exception to the requirements in this section from the department if they can demonstrate:

(a) The request is in response to temporary and unexpected circumstances; and

(b) How they can provide for the health, safety, and well-being of children and youth.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1450((What are requirements for my household equipment and hardware?))Health and safety in the home.

(((1) You must disinfect diaper changing areas and toilet training equipment between each use or use a nonabsorbent, disposable covering that you discard after each use. All caregivers must wash hands before and after diapering each child.

(2) You must install electrical outlet covers in areas that are accessible to children who might be endangered by exposed outlets. This includes children under the age of six or children with intellectual and developmental delays.

(3) Caregivers must have access to a working telephone at all times while children are present in the home. You must post emergency numbers and the address of your home in an easily visible location. This must include the Washington state poison control number (1-800-222-1222).

(4) Infants/toddlers are not allowed to use wheeled baby walkers.))Foster parents must comply with the following to maintain the children's and youth's health and safety in the home:

(1) Keep the home, property, and furnishings in a condition that is safe and sanitary;

(2) Follow the appropriate DOH health standards for the storage and preparation of food;

(3) Follow the environmental protection agency standard of using the least toxic methods as appropriate to prevent and control pests, including rodents, flies, cockroaches, fleas, and other insects;

(4) Keep dangerous chemicals inaccessible to children and youth based on their age, developmental capabilities, or any guidance and instructions from the caseworker. This includes, but is not limited to:

(a) Cleaning supplies;

(b) Toxic or poisonous substances;

(d) Other items with warning labels;

(5) Clearly label containers when they are filled with toxic substances;

(6) Store toxic substances separately from food items;

(7) Provide tamper-proof or tamper-resistant electrical outlet covers or blank covers in areas that are accessible to children younger than six years old or who might be otherwise endangered by exposed outlets; and

(8) Use specialized equipment for infants and toddlers safely and follow the manufacturers' instructions, including not using equipment that is:

(a) Recalled; or

(b) Prohibited by the department.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1455((How must I keep children safe around bodies of water?))Swimming pools and bodies of water.

(((1) You must ensure children in your care are safe around bodies of water. You must:

(a) Keep all swimming pools and other bodies of water:

(i) Fenced with a locking gate; or

(ii) Another LD-approved safety device and a site-specific supervision plan.

(b) Lock hot tubs when not in use;

(d) Equip your swimming pool with a life saving device, such as a ring buoy; and

(e) Empty your swimming pool after each use. If your swimming pool cannot be emptied after each use, the pool must have a working pump and filtering system.

(2) All swimming pools and other bodies of water must comply with state and local regulations. You must work with your licensor to establish a plan for the bodies of water based on the development level and behaviors of the children in your home.

(3) You must observe the following when foster children are swimming in pools and outdoor bodies of water:

(a) Swim only in designated swimming areas; or

(b) Require all children age 13 and under to wear U.S. Coast Guard-approved personal floatation devices when swimming outside the supervision of a lifeguard.

(4) If you have any water-based recreation devices, you must use and maintain them according to manufacturer's recommendations. All children and youth who ride in a water-based recreation device must wear a U.S. Coast Guard-approved personal floatation device at all times.

(5) An adult with current age-appropriate first aid and CPR or a lifeguard must supervise children swimming under age 12, and must be able to see and hear the children at all times. Children under the age of five must be within touching distance of a supervising adult or the birth parent at all times.))Foster parents must:

(1) Keep children and youth safe around bodies of water that pose a risk to their health, safety, and well-being based on their developmental capabilities;

(2) Make the following inaccessible to children and youth when not in use:

(a) Hot tubs, using a lock;

(b) Swimming pools, using a locking barrier that has been approved by the department. If the barrier is a fence, it must be:

(i) Nonscalable; and

(ii) At least four feet high; and

(3) Empty swimming pools and wading pools after each use. Swimming pools that cannot be emptied must have a:

(a) Locking barrier; and

(b) Working pump and filtering system;

(4) Equip swimming pools with life-saving devices;

(5) Collaborate with the licensor to establish a site-specific supervision plan for the bodies of water based on the developmental capabilities and behaviors of the children and youth; and

(6) Comply with all state and local regulations for all bodies of water on the premises.

AMENDATORY SECTION(Amending WSR 20-03-095, filed 1/13/20, effective 2/1/20)

WAC 110-148-1460((How do I prepare for a natural disaster or emergency?))Natural disaster and emergency preparation.

(((1) You must develop an evacuation plan in case of a fire, natural disaster or other emergency. The plan must include:

(a) An evacuation floor plan, identifying exit doors and windows;

(b) Action to take for evacuating your home that ensures responsibility for the children;

(d) Your plan must be reviewed with the children and posted in a prominent place in the home.

(2) You must share this plan with your licensor and update the plan when circumstances in your home change. The emergency plan will be based on the type of children in your care, and the conditions of your home and property. Evacuation plans may change based on the developmental level and behaviors of children living in your home.

(3) Your required plan for natural disasters should include supplies of food, water, medications, and other necessary supplies.

(4) Emergency evacuation drills must be practiced at least quarterly with children in your home. You must review evacuation procedures with every child when they are placed in your home.))Foster parents must:

(1) Develop and follow a written emergency plan that includes:

(a) At a minimum, responses to the following types of emergencies:

(i) Fires;

(ii) Natural disasters; and

(iii) Other emergencies;

(b) A written evacuation plan that:

(i) Reflects the developmental capabilities of the children and youth; and

(ii) Includes:

(A) Action to be taken:

(I) By the individuals discovering the emergency while waiting for the emergency responders; and

(II) Following the emergency;

(B) Evacuation of the building in a manner that is safe for children, youth, and other household members; and

(I) Exit doors and windows;

(II) Fire extinguishers; and

(III) Smoke and carbon monoxide detectors, unless the home has an integrated fire suppression system that includes both smoke and carbon monoxide detectors;

(c) An emergency contact plan regarding the whereabouts and well-being of the children and youth following the evacuation; and

(d) For natural disasters, how the home will maintain necessary supplies including, but not limited to:

(i) Food;

(ii) Water; and

(iii) Medications;

(2) Share this plan with the licensor, including any updates to the plan as circumstances in the home change;

(3) Post a copy of the evacuation floor plan in a noticeable place;

(4) Keep the other emergency plans available and accessible in the home;

(5) Practice the emergency response plans upon placement and at least quarterly with the children and youth appropriate to their developmental capabilities and document the dates they were completed;

(6) Teach children and youth emergency response actions they can take that are appropriate to their developmental capabilities;

(7) Review the evacuation plans with children and youth; and

(8) Notify the caseworker and CPA regarding the whereabouts and well-being of children and youth following an emergency.

AMENDATORY SECTION(Amending WSR 20-03-095, filed 1/13/20, effective 2/1/20)

WAC 110-148-1465((What other emergency fire and safety requirements must I follow to become licensed?))Fire safety.

(((1) You must observe all state and local fire codes (WAC 212-12-005). We will determine that reasonable fire safety standards exist in your home based on the children placed in your home.

(2) Children must be able to escape from every floor in your home. In most cases, this includes a functional fire ladder available from upper stories.

(3) Windows must open to the outside and be large enough for a rescue person to enter and exit wearing rescue gear, unless the building or structure was previously approved by the local fire marshal or building official with jurisdiction.

(4) You must have easy access to all rooms in your home in case of emergency.

(5) We may require you to have an inspection by WSP/FPB or the local fire authority if we have questions about fire safety, or if local ordinances or WSP/FPB require these inspections.

(6) Your home must have smoke detectors in operating condition both inside and outside of all sleeping areas. Smoke detectors must also be installed on each story of the home, in all play areas, and in the basement. You must install and maintain smoke detectors according to manufacturer's specifications.

(7) You must have at least one carbon monoxide detector on each level of occupancy in the home and at least one near each sleeping area.

(8) You must have at least one approved 2A10BC-rated five pound or larger all-purpose fire extinguisher readily available at all times. You must maintain and service fire extinguishers according to manufacturer's specifications.

(9) Barriers are required for fireplaces, wood stoves, and other heating systems if you are licensed for children less than six years of age. You must not leave open-flame devices unattended or use them incorrectly.

(10) Emergency vehicles must be able to access your home. Your address must be clearly visible on your home or mailbox so that emergency personnel can easily find your home.))(1) The department may require an inspection of the home by the local building official or the local fire authority:

(a) If there are any concerns identified about fire safety; or

(b) When required by local ordinances.

(2) Foster parents must demonstrate how they will protect children and youth from fire by complying with the following fire safety requirements:

(a) Meet all local building and fire codes;

(b) Have:

(i) A plan that is approved by the department that allows children and youth to escape from every floor in the home as outlined in WAC 110-148-1460, including having a functional and safe method of escape from upper stories;

(ii) Easy access to all rooms in the home in case of emergency;

(iii) Windows that open to the outside that are large enough for a rescue worker to enter and exit wearing rescue gear, unless the building or structure was previously approved by the local fire marshal or building official with jurisdiction;

(iv) Smoke detectors in working condition installed and maintained following the manufacturer's specifications that:

(A) Are in these locations:

(I) Both inside and outside of every sleeping area;

(II) On each story of the home, including the basement; and

(III) In all play areas;

(B) Have accessibility features that meet the needs of the children and youth, if applicable; and

(v) Carbon monoxide detectors that:

(A) Are in these locations:

(I) On each level of occupancy in the home; and

(II) Outside and within hearing distance of every sleeping area;

(B) Have accessibility features that meet the needs of the children and youth, if applicable;

(vi) At least one approved 2A10BC-rated five pound or larger all-purpose fire extinguisher that is readily available, maintained, and serviced following the manufacturer's specifications at all times;

(vii) Barriers that are in place at any heating system that gets hot enough to burn or reaches 110 degrees if the home is licensed for children younger than six years old; and

(viii) The premises are clearly labeled with the address or unit number to allow emergency personnel to easily locate the home;

(d) Not leave open-flame devices unattended or use them incorrectly.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1470((What are the general requirements for bedrooms?))Bedrooms and safe sleep practices.

(((1) Each child must have a bedroom, approved by the licensor, with privacy and space that is appropriate and adequate to meet the child's developmental needs. Children may share bedrooms, in compliance with WAC 110-148-1475.

(2) Each bedroom must have unrestricted direct access to outdoors, as well as, one direct access to common use areas such as hallways, corridors, living rooms, day rooms, or other such common use areas.

(3) You must not use hallways, kitchens, living rooms, dining rooms, unfinished basements, or other common areas as bedrooms.

(4) Children must not be required to pass through private bedroom space in order to access common areas of the home.

(5) An adult must be on the same floor or within easy hearing distance and access to where children under six years of age are sleeping.

(6) You must provide an appropriately sized separate bed for each child with clean bedding and a mattress in good condition.

(7) Some children may soil the bed, and you may need to plan accordingly. You must provide waterproof mattress covers or moisture-resistant mattresses if needed. Each child's pillow must be covered with waterproof material or be washable.

(8) You must assure that children have access to clean clothing that is appropriate for their age. You must provide safe storage of children's clothing and personal possessions.

(9) You must provide an infant with a crib that ensures the safety of the infant, and complies with chapter 70.111 RCW and the current ASTM or consumer products safety commission (CPSC) guidelines, specifically 16 C.F.R. 1219 or 1220. Among other things, these requirements include:

(a) A maximum of 2 3/8" between vertical slats of the crib; and

(b) Cribs, infant beds, bassinets, and playpens must be made of wood, metal, or approved plastic, with secure latching devices and clean, firm, snug-fitting mattresses covered with waterproof material that can easily be disinfected.

(10) You must not cosleep or bed share on any sleeping surface, such as a bed, sofa, or chair with children in care.

(11) You must place infants on their backs for sleeping, unless advised differently by the child's licensed health care provider.

(12) You must not have loose blankets, pillows, crib bumpers, or stuffed toys with a sleeping infant.

(13) You may swaddle infants using one lightweight blanket upon the advice and training of a licensed health care provider. You must keep the blanket loose around the hips and legs when swaddling in order to avoid hip dysplasia. You may swaddle infants under two months of age unless a licensed health care provider directs otherwise. You must not dress a swaddled infant in a manner that allows them to overheat.

(14) You must not use wedges and positioners with a sleeping infant unless advised differently by the infant's licensed health care provider.

(15) You must not use weighted blankets for children under three years of age or for children of any age with mobility limitations.

(16) You may use a weighted blanket upon the advice and training from a licensed health care provider for children over the age of three years who do not have mobility limitations. You must meet the following requirements:

(a) The weight of the blanket must not exceed 10 percent of the child's body weight;

(b) Metal beads are choking hazards and must not be used in a weighted blanket;

(d) The weighted blanket must not hinder a child's movement; and

(e) The weighted blanket must not be used as a restraint.

(17) You must not allow children to use the loft style beds or upper bunks if the child is vulnerable due to age, development, or condition, such as preschool children, expectant mothers, and children with a disability.))Foster parents must:

(1) Provide:

(a) A bedroom for each child or youth that meets the following requirements:

(i) Provides appropriate and adequate privacy and space to meet children's or youth's developmental needs;

(ii) Meets the requirements outlined in WAC 110-148-1475 if it is a shared bedroom;

(iii) Has unrestricted direct access to outdoors;

(iv) Has at least one direct access to common use areas such as hallways, corridors, living rooms, or day rooms that does not require children and youth to pass through another private space;

(v) Is used only as the child's or youth's bedroom while they are placed in the home and not also a:

(A) Common room or other common area;

(B) Guest bedroom when the child or youth is not home without their approval; or

(C) A room that is used by a household member for another purpose other than as a bedroom when a child or youth is placed in the room, except bedrooms used for short-term stays; and

(vi) For children younger than six years old, the bedroom must be on the same floor as the adult's or within easy hearing distance or monitored as required in WAC 110-148-1540 by an adult with access to their bedroom; and

(b) An appropriately sized separate bed for each child and youth that meets their individual needs with:

(i) Clean bedding;

(ii) A bed frame, unless the bed frame is not needed because of the child's or youth's preference or medical or cultural needs; and

(iii) Pillows that are washable or covered with waterproof material;

(i) Free from bugs and other pests;

(ii) Kept clean;

(iii) In good condition; and

(iv) Either:

(A) Moisture-resistant; or

(B) Covered with a waterproof mattress cover that may be removed if requested by the child or youth; and

(d) Safe storage for clothing and personal possessions;

(2) Not cosleep or share any sleeping surface with children and youth;

(3) Follow the manufacturer's instructions and consider the child's or youth's developmental capabilities when determining whether children and youth may use loft-style beds or upper bunks;

(4) For infants:

(a) Use safe cribs, bassinets, or play yards that:

(i) Comply with chapter 70.111 RCW; and

(ii) Have a certificate of compliance, sticker, or documentation stating the crib meets 16 C.F.R. Part 1219, 1220, or 1221 and are approved by ASTM International or consumer products safety commission; and

(b) Follow:

(i) WAC 110-148-1521 when caring for Indian children; and

(ii) Recommendations from the American Academy of Pediatrics, unless ordered differently by a licensed health care provider for:

(A) Safe sleep practices for sudden infant death syndrome or sudden unexpected infant death syndrome risk reduction when infants are napping or sleeping; and

(B) Swaddling infants:

(I) Until they show signs of trying to roll over;

(II) Younger than two months old; or

(III) Over two months old following consultation and recommendation from a licensed health care provider; and

(5) When using weighted blankets:

(a) Use is prohibited for children younger than three;

(b) Consult a licensed health care provider or occupational therapist to evaluate the use of weighted blankets and any safety concerns when used by:

(i) A child age three through 12 years old; or

(ii) A youth older than 12 years old if determined by their developmental capabilities;

(c) Obtain documentation of the result of any consultations required in (b) of this subsection and keep it in the child's or youth's well-being file; and

(d) Only use under the following conditions:

(i) They are advised by a licensed health care provider or occupational therapist; and

(ii) When they do not:

(A) Exceed 10 percent of the child's or youth's body weight;

(B) Contain beads; or

(iii) Do not place over children's or youth's heads or above the middle of their chests;

(iv) Do not use weighted blankets as restraints; and

(v) If children or youth age three through 12 years old enter care with a weighted blanket without documentation of a consultation from a licensed health care provider or occupational therapist, foster parents:

(A) Must:

(I) Initiate consultation with a licensed health care provider or occupational therapist within 30 calendar days to continue using the weighted blanket; and

(II) Notify the child's or youth's caseworker and CPA of the date of the scheduled consultation if an appointment with a licensed health care provider or occupational therapist is not available within the 30 calendar days of placement; and

(B) May use the weighted blanket as outlined in (d)(i) through (iv) of this subsection until they have consulted with the licensed health care provider or occupational therapist.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1475((What are the requirements for sharing bedrooms?))Shared bedrooms.

(((1) A provider must consider what bedroom placement is in the best interest of a foster child in consultation with the child's DCYF caseworker and all other children in the household.

(2) Shared bedrooms must provide enough floor space for the safety and comfort of children.

(3) Foster teen parents may sleep in the same room with their children. When a teen parent and their children sleep in the same room, the room must contain at least 80 square feet of usable floor space. Only one parent and their children may occupy a bedroom.

(4) No more than four children may sleep in the same room. This includes foster children and any other children.

(5) Children under the age of two may share a bedroom with an adult, if it is in the best interest of the child and approved by the caseworker.

(6) An individual in the extended foster care program may share a bedroom with a younger child of the same gender. If the younger child is unrelated to the individual in the extended foster care program, the younger child must be at least 10 years of age. A provider may place a child who identifies as transgender or gender fluid in a bedroom with a child of the same or similar gender identity.

(7) Foster children may not share the same bedroom with a child of another gender identity unless all children are under age six. In circumstances of transgender or gender fluidity, a provider may place a child in a bedroom with another child of the same or similar gender identity.

(8) An exception may be granted to subsections (3) through (6) of this section with an administrative approval if it is supported by the licensor and the child(ren)'s DCYF caseworker, and is in the best interest of the child.))(1) Foster parents allowing children and youth to share bedrooms:

(a) Must:

(i) Place children and youth in a bedroom with another child or youth of the same or similar gender identity, except if everyone sharing the bedroom is:

(A) Younger than six; or

(B) Related to each other;

(ii) Consider which bedroom placement best meets the health, safety, and well-being needs of children and youth based on input from the:

(A) Caseworker; and

(B) Children and youth that will be sharing bedrooms based on their developmental capabilities;

(iii) Assess children's or youth's requests to move to a different bedroom and accommodate when able, unless it puts the health, safety, and well-being of any child or youth in the home at risk;

(iv) Provide enough floor space for the safety and comfort of children and youth sharing bedrooms and a minimum of 50 square feet per child or youth in the bedroom; and

(v) Not allow:

(A) More than four children younger than 12 to share one bedroom, except more than four related children may share a bedroom;

(B) More than two youth 12 years old and older to share one bedroom, except more than two related youth may share a bedroom; and

(C) Children or youth that are currently identified as sexually aggressive or physically assaultive or aggressive in a shared bedroom with other children and youth; and

(b) May allow:

(i) Parenting foster youth to sleep in the same room with their children as long as:

(A) The room measures at least 80 square feet of usable floor space; and

(B) Only one parent and their children may occupy a bedroom;

(ii) Children younger than two years old to share a bedroom with an adult if it is in the best interest of the child; and

(iii) Youth in the EFC program to share a bedroom with a younger child or youth of the same gender or similar gender identity if the younger child or youth is:

(A) Related to the individual in the EFC program; or

(B) At least 10 years of age.

(2) The department may grant an exception to subsection (1)(a)(i), (iv), and (v)(A) and (B) and (b) of this section with an administrative approval if it is:

(a) In the best interest of the child or youth; and

(b) Supported by the caseworker.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1480((What are the requirements for animals?))Pets and animals.

(((1) All animals on your property must be safe and properly cared for in a sanitary manner.

(2) Pursuant to WAC 246-100-197(3), your dog, cat, or ferret must be vaccinated and revaccinated against rabies following veterinary and USDA licensed rabies vaccine manufacturer instructions, unless a licensed veterinarian states in writing that such vaccinations may be contrary to your pet's health.

(3) You must not have an animal in your home or on your premises that is dangerous to children in care.

(4) We have the discretion to limit the type and number of household pets and animals if we determine that there are risks to the children in your care.

(5) All pet medications must be kept in a locked container.))(1) Foster parents must:

(a) Keep children and youth safe around animals on the premises;

(b) Care for all animals housed on the premises in a safe and sanitary manner; and

(c) Follow the requirements from DOH regarding rabies vaccinations for pets as outlined in WAC 246-100-197, unless a licensed veterinarian states in writing that rabies vaccinations are contrary to the animal's health.

(2) The licensors must:

(a) Assess the pets and animals housed on the property for any risk to the health, safety, and well-being of children and youth; and

(b) Inform the foster parents:

(i) Of any identified risks; and

(ii) Steps they may take to mitigate the risks, which may include:

(A) Following a supervision plan approved by the department that demonstrates how they will maintain children's and youth's health, safety, and well-being; or

(B) Limiting the type and number of household pets and animals.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1485((Under what conditions may I have alcoholic beverages or marijuana on my property?))Alcohol, cannabis, and illegal drugs.

((You may have alcoholic beverages or marijuana on your property as long as they are not accessible to people under the age of twenty-one.))Foster parents:

(1) Must:

(a) Not have illegal drugs on the premises of their home or in their possession off-site; and

(b) Complete the following if they become aware that illegal drugs are on the premises:

(i) Immediately make them inaccessible to children and youth;

(ii) Contact one of the following agencies and follow their recommendations for drug disposal:

(A) Law enforcement; or

(B) The local health jurisdiction; and

(iii) Report to the department as outlined in WAC 110-148-1420; and

(2) May have the following on the premises as long as they are inaccessible to individuals age birth through 20 years old:

(a) Alcohol;

(b) Cannabis; and

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1495((What are the requirements for smoking around children?))Smoking and vaping around children and youth.

(((1) You must not allow smoking in your home. You must not smoke in motor vehicles used to transport children.

(2) You may permit adults to smoke outdoors away from children in accordance with RCW 70.160.075.

(((3) These requirements do not apply to traditional or spiritual Native Alaskan/))

(1) Foster parents:

(a) Must:

(i) Not allow smoking or vaping inside the licensed foster home or in a motor vehicle used to transport children or youth; and

(ii) Keep smoking and vaping supplies and equipment inaccessible to individuals younger than 21 years old; and

(b) May allow adults 21 years old or older to smoke or vape on the premises outdoors away from children as outlined in RCW 70.160.075.

(2) This section does not apply to traditional or spiritual Native American or religious ceremonies involving the use of tobacco.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1500((Under what conditions may I have guns and weapons on my property?))Firearms, ammunition, and other weapons.

(((1) You must notify your licensor if you or someone else in your home has a gun or weapon on the property. This includes but is not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.

(2) You must always keep guns and ammunition out of reach of children. When at home, you must keep guns and ammunition in locked containers out of reach of children. You must store guns separate from the ammunition unless stored in a locked gun safe.

(3) You must keep bows and arrows and other weapons in locked containers out of reach of children.

(4) If you store guns in a container that may be easily breakable, you must secure them with a locked cable or chain placed through the trigger guards.

(5) Whenever possible, we encourage you to equip guns with a trigger guard lock.

(6) You must keep keys to the locked storage area of weapons secure from children.

(7) Children may use a gun only if the child's DCYF caseworker approves and the youth and supervising adult has completed an approved gun or hunter safety course.))Foster parents:

(1) Must follow these requirements for firearms, ammunition, and weapons on the property:

(a) Notify the licensor if firearms or other weapons:

(i) Are stored on the premises; or

(ii) Will be used on the property;

(b) Store firearms, ammunition, and weapons as follows:

(i) In locked storage inaccessible to children and youth;

(ii) Keeping firearms separate from ammunition unless stored in a locked gun safe;

(iii) Secure firearms with a locked cable or chain placed through the trigger guards if they are stored in a container that is easily breakable; and

(iv) Keep keys or security codes to the locked storage inaccessible to children and youth; and

(i) Only allow adults to remove firearms, ammunition, and other weapons from locked storage;

(ii) Keep firearms, ammunition, and other weapons inaccessible to children and youth at all times; and

(iii) Keep firearms unloaded and in locked storage or secured with a locked cable or chain placed through the trigger guards when transporting firearms in a vehicle with children and youth; and

(d) Meet requirements in this subsection and follow WAC 110-148-1521 if caring for Indian children;

(2) May:

(a) Allow children and youth to use firearms if they meet the following requirements:

(i) Their caseworker approves;

(ii) An adult approved by the caseworker is supervising; and

(iii) Both the supervising adult and the child or youth have completed or are currently in an approved gun or hunter safety course;

(b) Only carry a loaded weapon on their person if they are required to by their profession and they are on duty; and

(i) Have approval from their caseworker; and

(ii) Agree to follow the storage, access, and transportation requirements in:

(A) Subsection (1) of this section; and

(B) Chapter 9.41 RCW.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1505((What must I do to prevent the spread of infections and communicable diseases?))Infection and communicable disease prevention.

(((1) You must notify your licensor if you or any adults living in your home have been exposed to someone with tuberculosis or if a health care provider recommends testing.

(2) Retesting for license renewals is not required unless the above conditions apply.

(3) You must promote personal hygiene to help prevent the spread of germs in your home such as washing hands after smoking, changing diapers, using the toilet, touching animals, playing outside or before preparing food or eating.

(4) If you care for medically fragile children, you may use in-home nursing services to consult on additional infection control procedures.))(1) Foster parents must follow these requirements for preventing infection and communicable diseases:

(a) Notify the licensors if any household members require TB testing based on exposure or a licensed health care provider's recommendation;

(b) Notify the following if a serious infection or communicable disease threatens the health, safety, and well-being of children and youth:

(i) Their caseworker; and

(ii) Their licensor;

(i) Educating household members on personal hygiene; and

(ii) Requiring household members to follow DOH guidelines for washing hands:

(A) Before:

(I) Preparing food;

(II) Eating; and

(III) Changing diapers; and

(B) After:

(I) Smoking;

(II) Changing diapers;

(III) Using the toilet;

(IV) Touching animals; and

(V) Playing outside;

(d) If caring for medically fragile children and youth, consult with in-home nursing services on additional infection control procedures; and

(e) When caring for children or youth who use diapers or incontinence supplies, either:

(i) Disinfect diaper-changing areas and specialized toilet equipment between each use; or

(ii) Use a nonabsorbent, disposable covering that is discarded after each use.

(2) The department may remove children and youth from the home when the threat of a serious infection or communicable disease creates a risk to their health, safety, and well-being.

AMENDATORY SECTION(Amending WSR 20-03-095, filed 1/13/20, effective 2/1/20)

WAC 110-148-1510((What requirements do I need to follow when I transport children?))Transporting children and youth.

((When you transport children in your care you must follow these requirements:

(1) The vehicle must be kept in a safe operating condition;

(2) The driver must have a valid driver's license;

(3) The driver or owner of the vehicle must be covered under an automobile liability insurance policy and have proof of registration;

(4) The vehicle must be equipped with seat belts, car seats and booster seats, and other appropriate safety devices for all passengers required by law;

(5) The number of passengers must not exceed the vehicle's seat belts; and

(6) Each person in the vehicle must use an individual seat belt or approved child passenger restraint system whenever the vehicle is in motion, and follow the law regarding placement of children in vehicles.))Foster parents must follow these requirements when they or their household members transport children and youth:

(1) Keep the vehicle in a safe working condition;

(2) The driver must:

(a) Have a valid driver's license; and

(b) Follow laws for operating a motor vehicle;

(3) The vehicle must be equipped with seat belts, car seats, booster seats, and other appropriate safety devices for all passengers required by law;

(4) The number of passengers must not exceed the vehicle's seat belts; and

(5) Individuals in the vehicle must use an individual seat belt, an approved child passenger restraint system, and be properly restrained as outlined in RCW 46.61.687.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1515((What are the requirements regarding food?))Serving meals, snacks, and milk.

(((1) Food served to children in your care must meet their nutritional and developmental needs, with a variety of options for adequate nutrition and meal enjoyment.

(2) Children's cultural needs should also be considered when planning meals.

(3) All home-canned foods must be preserved following published procedures and you must be able to provide the printed published procedures that you followed.

(4) Before you modify a child's diet, you must obtain written authorization from a licensed health care provider for children under the age of 10 years.

(5) The milk or milk products you serve must be pasteurized. Children between the ages of 12 and 24 months must receive whole milk unless you have written authorization from a licensed health care provider not to serve whole milk.

(6) Children under the age of 12 months must receive formula or breast milk unless the child's licensed health care provider authorizes a different diet.

(7) Before serving a child breast milk you must have approval of the child's DCYF caseworker, licensed health care provider, and parent or guardian. If breast milk is provided by anyone other than a baby's biological mother, it must be obtained through a licensed breast milk bank.

(8) When you are using bottles to feed infants, you must sterilize and use them according to product standards and commonly acceptable practices. You must refrigerate filled bottles if you do not use them immediately, and you must empty the bottle if not used within 24 hours.

(9) To prevent burns, formula or breast milk must not be warmed in a microwave oven.))Foster parents must complete the following when providing meals, snacks, and milk for children and youth:

(1) Serve a variety of foods that balance children's and youth's nutritional, cultural, and developmental needs with foods they enjoy;

(2) When serving home-canned foods, follow proper food canning processes, per the guidelines on canning and food preparation from the United States Department of Agriculture;

(3) Obtain written authorization from a licensed health care provider before requiring or modifying children's or youth's specialized diet; and

(4) When serving milk:

(a) Only serve milk or milk products that have been pasteurized;

(b) Serve children age 12 to 24 months old whole milk, unless a licensed health care provider gives written authorization allowing them not to be served whole milk;

(c) Serve infants formula or breast milk, unless a licensed health care provider gives written authorization for a different liquid;

(d) Receive approval from the caseworker before serving breast milk to an infant;

(e) If using breast milk provided by anyone other than the infant's biological mother, it must be obtained:

(i) Through a licensed breast milk bank; or

(ii) From a donor approved by the caseworker;

(f) When bottles are used to feed infants or children, the bottles must be:

(i) Washed and used according to product standards and commonly acceptable practices;

(ii) Refrigerated if the filled bottle is not used immediately; and

(iii) Emptied if not used within 24 hours; and

(g) Not use a microwave oven to warm formula or breast milk to prevent burns.

SERVICES TO CHILDREN AND YOUTH

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1520((What services am I expected to provide for children in my care?))Meeting the needs of children and youth.

(((1) You must make all reasonable efforts to ensure that children are not abused or neglected, per RCW 26.44.020(1) and chapter 110-30 WAC.

(2) You must provide and arrange for care that is appropriate for the child's age, SOGIE, and development including:

(a) Emotional support;

(b) Nurturing and affection;

(d) Activities that promote the development of each child. This includes cultural and educational activities in your home and the community.

(3) In caring for infants and young children you must:

(a) Hold infants, under the age of six months, for all bottle feedings;

(b) Hold infants at other times for the purposes of comfort and attention; and

(4) In caring for youth enrolled and participating in the extended foster care program you must:

(a) Provide a youth opportunity and support for achieving independence; and

(b) Allow a youth responsibility for their actions.

(5) Before making significant changes in a child's appearance, you must consult with the child's DCYF caseworker. These significant changes include, but are not limited to, body piercing, tattoos, and major changes in hairstyle or color.

(6) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care. You must support and engage with foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.

(7) You must connect a foster child with resources that supports and affirms their needs regarding race, religion, culture, and SOGIE. These resources include emotional and developmental support for a child's ethnic identity and SOGIE, educational needs, and spiritual activities in your home and community to include tribal activities within the child's tribal community or extended tribal family. Your licensor or the child's DCYF caseworker, CPA case manager, or child's tribal ICW case manager can assist you with identifying these resources.

(8) You must support a child's religion or spiritual practices by providing adequate opportunities for religious or spiritual training and allowing a child meaningful participation appropriate to the child's spiritual beliefs. You may not require any child to participate in practices against their beliefs.

(9) You must support a foster child's SOGIE by using their pronouns and chosen name, and respecting the child's right to privacy concerning their SOGIE.

(10) You must provide for the child's physical needs. This includes adequate hygiene, nutritional meals and snacks, and readily available drinking water. This also includes a balanced schedule of rest, active play, and indoor and outdoor activity appropriate to the age of the child in care.

(11) You must guide the child to develop daily living skills according to the child's abilities and development. This may include assigning daily chores to children.

(12) The department will identify a suitable case plan including permanency for children in its care and custody. You must not interfere with this plan. You may attend appropriate shared planning meetings to participate in the decision making process and provide input on the child. You may submit information about the child's permanent plan and other issues through the caregiver's report to the court.))Foster parents:

(1) Must meet children's and youth's needs by providing care and arranging services as follows:

(a) Make all reasonable efforts to prevent abuse and neglect of children and youth, as outlined in chapter 110-30 WAC;

(b) Follow all state and federal laws regarding nondiscrimination while providing services to children and youth in care;

(c) Consult with and follow any guidance and instructions from the caseworker for the care and services for children and youth including, but not limited to:

(i) Service plans;

(ii) Permanency plans;

(iii) Site-specific supervision plans;

(iv) Children's or youth's individual supervision plans;

(v) Receiving prior approval before making significant changes to children's and youth's appearance including, but not limited to:

(A) Piercings;

(B) Tattoos; and

(vi) When they identify changes needed to plans from the caseworker to better meet children's and youth's needs;

(d) Meet children's and youth's physical needs, including:

(i) Adequate hygiene;

(ii) Nutritious meals and snacks as outlined in WAC 110-148-1515;

(iii) Readily available drinking water;

(iv) A balanced schedule of rest, active play, and indoor and outdoor activities appropriate to the developmental capabilities and individual needs of the children or youth; and

(v) Clean clothing that meets children's and youth's comfort and identity needs;

(e) Coach children and youth on how to advocate for their needs across settings;

(f) Treat all children and youth in the home:

(i) Equitably, based on their developmental capabilities; and

(ii) With dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE;

(g) Provide and arrange for care that is appropriate for children's and youth's age, race, religion, culture, ethnic identity, SOGIE, developmental capabilities, and individual needs and preferences including, but not limited to:

(i) Giving:

(A) Emotional support;

(B) Nurturing and affection;

(D) Activities that promote each child's and youth's development, including cultural and educational activities in the home and the community;

(ii) Connecting them with resources that support and affirm their needs, including emotional and developmental support through their:

(A) Education;

(B) Spiritual activities in the home and community including, but not limited to:

(I) Providing opportunities to participate in their spiritual beliefs and religious or spiritual education; and

(II) Not requiring them to participate in practices against their beliefs; and

(iii) Supporting their SOGIE by:

(A) Using their pronouns and chosen name; and

(B) Respecting their right to privacy concerning their SOGIE;

(h) Guide children and youth to develop daily living skills based on their developmental capabilities. This may include assigning them daily chores as long as the chores:

(i) Provide appropriate teaching and opportunities to learn basic life skills; and

(ii) Are directly related to the essential upkeep of children's and youth's individual and shared household spaces;

(i) When caring for infants and young children:

(i) Hold infants age birth through five months for all bottle feedings;

(ii) Hold infants at other times for the purposes of comfort and attention; and

(iii) Allow children plenty of free time outside of a swing, crib, or playpen; and

(j) When caring for youth in EFC, follow the requirements in WAC 110-148-1535 and chapter 110-90 WAC; and

(2) May:

(a) Attend shared planning meetings with the department to participate in the decision-making process and provide information on the children or youth;

(b) Submit information about the children's or youth's permanency plan and other issues through the caregiver's report to the court; and

(c) Request assistance from the department with identifying resources to support and affirm children's and youth's needs regarding race, religion, culture, and SOGIE.

NEW SECTION

WAC 110-148-1521Additional requirements when caring for Indian children.

Foster parents caring for Indian children must:

(1) Provide culturally appropriate services to them;

(2) Collaborate with their tribes when repairing, replacing, or providing culturally significant items;

(3) Obtain approval from their tribal caseworkers prior to making any changes to their appearance including, but not limited to:

(a) Hair dying;

(b) Haircuts and trims;

(d) Tattoos;

(4) Collaborate with their tribal caseworkers to develop a plan that is kept in their well-being file that includes, but is not limited to:

(a) Managing tribally funded payments, including per capita, general welfare, settlement funds, if applicable;

(b) Possessing and using Native American traditional medicines including, but not limited to:

(i) Sage;

(ii) Cedar; and

(iii) Sweet grass;

(d) Providing a plant-based or lactose-free alternative to cow's milk, if applicable; and

(e) Granting an exception in writing to allow Indian children, when developmentally appropriate to:

(i) Be present when firearms are being used for traditional events or activities; and

(ii) Swim in bodies of water on tribal lands without wearing a U.S. Coast Guard-approved personal floatation device or being supervised if they are determined safe to do so; and

(iii) Babysit siblings, including providing overnight care;

(5) Allow them to attend tribal schools, cultural events, and activities;

(6) Not use discipline methods that interfere with their cultural needs, including cutting their hair or taking away any religiously or culturally significant items or events; and

(7) Consult with tribes regarding out-of-state or out-of-country travel requirements when they are in the care and custody of the tribal court.

NEW SECTION

WAC 110-148-1522Medical services for children and youth who are medically fragile or have developmental disabilities.

Foster parents caring for children and youth who are medically fragile or have developmental disabilities must:

(1) Arrange for medical services prescribed by or referred to by a licensed health care provider or certified specialists related to their diagnosis; and

(2) Follow any treatment plans from their licensed health care providers or certified specialists to meet their unique health, safety, and well-being needs.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1525((What are the educational and vocational instruction requirements for children in care?))Educational and vocational instructions for children and youth in care.

((You must meet the following requirements for providing education and vocational instruction to the children under your care. For each child you must:

(1) Follow the educational plan approved by the child's DCYF caseworker;

(2) Home schooling, private schooling, and alternative learning experience instruction are prohibited for all children in the care and custody of the department, unless approved by a court ruling;

(3) Support the child in regular school attendance. If a child is absent from school you must follow the school's reporting requirements. Notify the child's DCYF caseworker if the child is absent from school more than three consecutive school days;

(4) Receive approval from the child's DCYF caseworker prior to making any changes to a child's educational plan;

(5) Support the child's educational plan by providing each child with necessary school supplies and a suitable place to study;

(6) Develop a transportation plan with the child's DCYF caseworker to ensure school attendance; and

(7) Encourage older youth to pursue a post-secondary education when appropriate.))Foster parents must support children and youth in their care in accessing education and vocational instruction by:

(1) Following all guidance and instructions regarding children's and youth's education from their caseworker or CPA including, but not limited to:

(a) Enrolling them in their school of origin, when possible;

(b) Supporting their transportation plans;

(d) Monitoring education plans addressing their individual needs, including 504 plans and individualized education programs;

(2) Not using any of the following unless approved by the caseworkers or a court order, as applicable:

(a) Home schooling;

(b) Private schooling; or

(3) Following the school's reporting requirements when they are absent from school;

(4) Notifying the caseworker and CPA if:

(a) They are absent from school for more than three consecutive school days; or

(b) There are any:

(i) Concerns for their safety at school; or

(ii) Disruptions of educational services;

(5) Supporting their education by:

(a) Assisting them with regular school attendance;

(b) Providing them with necessary school supplies and a suitable place to study in the home; and

(6) Collaborating with youth to explore how to meet their educational and vocational goals during and after high school.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1530((May children participate in everyday activities under my care?))Maintaining connections, visits, and participating in activities.

(((1) You may decide what family or community activities are appropriate for foster children. These activities must be appropriately supervised and may not interfere with visitation with the child's parents or guardians.

(2) Children may participate in family, community or friend social activities, organized sports activities, or field trips. Overnight stays over 72 hours requires DCYF caseworker approval. Any activities requiring travel must comply with WAC 110-148-1435.

(3) All high-risk activities, including the use of power driven machines or other hazardous equipment, must be properly supervised by an adult. When participating in high-risk activities, children must:

(a) Be instructed on, and required to use appropriate safety equipment, such as helmets and life vests; and

(b) Be in continuous visual or auditory range at all times, unless approved by the child's DCYF caseworker.

(4) It may be appropriate for some children to obtain employment when:

(a) Laws regarding minors working are followed; and

(b) The child's work does not interfere with school.

(5) Youth may obtain a driver's license if you agree to act as the "parent or guardian" for the purposes of the Intermediate Driver's License Law. If you act in this capacity for a youth in out-of-home care who is placed in your home, you will also be responsible for the youth's insurance until the youth leaves your home or ages out of care, or if you choose to cancel the youth's insurance. If you choose to cancel the youth's insurance, you must notify the youth's DCYF caseworker at least five days before the cancellation becomes effective.))Foster parents:

(1) Must:

(a) Support children and youth in maintaining relationships with family and supportive individuals by:

(i) Following the guidance and instructions from the child's or youth's caseworker for individuals authorized to have contact with or take them out of the home, including the individual's:

(A) Name; and

(B) Contact information; and

(ii) Supporting scheduled visits and connections by:

(A) Verifying they are ready on time and have what they need for the visits;

(B) Assisting them with any technology needs outlined in WAC 110-148-1531; and

(b) Determine which foster family or community activities, inside and outside of the home, are appropriate for them when they:

(i) Collaborate with them to consider their individual needs and preferences based on their developmental capabilities;

(ii) Address their community and cultural connection needs;

(iii) Follow the prudent parenting standards in RCW 74.13.710; and

(iv) Do not prevent court-ordered visits with their siblings, parents, or guardians; and

(2) May allow youth to obtain:

(a) Employment if the employment:

(i) Complies with laws regarding minors working; and

(ii) Does not interfere with school; and

(b) A driver's license if foster parents:

(i) Agree to act as the "parent or guardian" for their intermediate license, per RCW 46.20.075;

(ii) Take responsibility for paying their insurance until they leave the home, age out of care, or they choose to cancel the youth's insurance; and

(iii) Notify the youth and their caseworker at least five days before the cancellation becomes effective if they choose to cancel the youth's insurance.

NEW SECTION

WAC 110-148-1531Technology use.

Foster parents must meet the following requirements regarding children's and youth's use of technology:

(1) Provide them with the ability to access technology that is:

(a) Appropriate to their age and developmental capabilities;

(b) Meeting their individualized supervision plan and any other restriction requirements from the caseworker, if applicable; and

(2) Provide teaching, guiding, and monitoring on the safe use of technology and the internet as allowed in subsection (1) of this section following the guidelines from the American Academy of Pediatrics;

(3) Sharing any rules and expectations for technology use, if applicable:

(a) At the time of placement with the:

(i) Caseworker; and

(ii) Children and youth based on their developmental capabilities both:

(A) Verbally; and

(B) In writing; and

(b) When changes are made or reminders are needed; and

(4) If technology use is restricted due to the children's or youth's ability to use it safely:

(a) For up to 72 hours:

(i) Identify the unsafe use and how to regain access to technology use; and

(ii) Communicate (a)(i) of this subsection with the children or youth; and

(b) For more than 72 hours:

(i) Collaborate with the child or youth and their caseworker to develop a written plan on technology access; and

(ii) Provide a copy of the plan to the child or youth and their caseworker.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1535((Can I provide care to youth enrolled in the extended foster care (EFC) program?))Extended foster care (EFC).

((You can serve youth enrolled in the EFC program if you meet the requirements in WAC 110-90-0010 through 110-90-0200. The youth enrolled and participating in the EFC program are considered children only for the purposes of the dependency. Otherwise the youth has the legal status and legal rights of an adult. The youth is responsible for their actions, including:

(1) Purchases;

(2) Driving;

(3) Traveling; or

(4) Financial obligations.))(1) Foster parents must do the following when they have EFC youth placed in their home:

(a) Follow:

(i) Chapter 110-90 WAC;

(ii) All requirements of this chapter, unless an exception is stated in the youth's person-centered case plan; and

(iii) The person-centered case plan from the caseworker to provide opportunities and support for achieving independence based on their developmental capabilities, including developing:

(A) Life skills;

(B) Financial literacy;

(D) Employment skills;

(b) Allow youth to take responsibility for their own actions, including:

(i) Purchases;

(ii) Driving;

(iii) Traveling; and

(iv) Financial obligations more than their basic care needs; and

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1540((What privacy must I provide for children in my care?))Privacy, location tracking, and electronic monitoring of children and youth.

(((1) You must assure the right to privacy of personal mail, electronic mail, and phone calls unless:

(a) We ask you to provide monitoring; or

(b) The court approves implementation of the monitoring as part of the child's case plan.

(2) DCYF prohibits the use of video and audio monitoring of children in care in the interior of foster homes unless all of the following are met:

(a) The LD senior administrator grants approval for the use of an electronic monitoring device in your facility following a request by the child's DCYF caseworker;

(b) The court approves implementation of the monitoring as part of the child's case plan; and

(3) The prohibition of audio or visual monitoring does not include monitoring of the following:

(a) Infants or children through four years of age;

(b) Medically fragile or sick children;

(d) Video recording for special events such as birthday parties or vacations; or

(e) The use of))Foster parents:

(1) Must:

(a) Protect children's and youth's right to privacy based on their age and developmental capabilities, except as stated in (b) of this subsection;

(b) Monitor children's and youth's communication and behavior as follows:

(i) Using careful and thoughtful parenting decisions to allow children and youth privacy when using technology for communication in ways that maintain their health, safety, and well-being while encouraging their emotional growth and development; and

(ii) As required by:

(A) The department or tribe; or

(B) Court order;

(c) Consult with the caseworker if they are concerned they are unable to maintain children's or youth's privacy as required in (b)(ii) of this subsection; and

(d) Not use:

(i) Location tracking for children or youth, except when:

(A) The court approved; and

(B) They maintain a copy of the approval; or

(ii) Electronic monitoring of children or youth inside the home, except as allowed in subsection (2) of this section or if:

(A) The use of the electronic monitoring inside the home approved by CW and LD;

(B) The court approved; and

(2) May use electronic monitoring for the following without meeting the requirements in subsection (1)(d)(ii) of this section:

(a) For infants or children birth through four years of age;

(b) For medically fragile or sick children or youth;

(c) To document actions of a child or youth as directed in writing by the child's or youth's licensed health care providers;

(d) For special events such as birthday parties or vacations; or

(e) When using door or window alarms or motion detectors.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1545((What belongings will foster children take when they leave my home?))Caring for children's and youth's personal belongings.

(((1) You must permit a child who leaves your home to take their personal belongings with them. This includes belongings the child brought with them and acquired in your care, such as clothing, mementos, bicycles, gifts, and any saved money.

(2) If it is not possible for the child to take their belongings at the time they leave, you are required to secure them for up to 30 days and cooperate with the child's DCYF caseworker to transfer them to the child, as soon as possible.))Foster parents must meet the following requirements for children's and youth's personal belongings:

(1) Handle and store their belongings with care and respect at all times;

(2) Complete the following steps when tracking their personal belongings:

(a) Meet with them based on their developmental capabilities to document the personal items they brought into the home that they want tracked in their personal inventory;

(b) Update their personal inventory in (a) of this subsection:

(i) At least quarterly; and

(ii) When leaving placement;

(d) When they move to a new placement:

(i) Verify they have all of their personal belongings;

(ii) Provide them:

(A) A copy of their personal inventory; and

(B) Luggage or a sturdy container for their belongings; and

(iii) Allow them to take a meaningful comfort item agreed upon by the foster parents with them when they leave;

(3) Collaborate with the caseworker to transfer their belongings to them as soon as possible if they are not able to take them when they leave; and

(4) Securely store their belongings for up to 21 calendar days after they have left placement in the home until:

(a) They are able to take their belongings; or

(b) Their belongings are transferred to their:

(i) Caseworker; or

(ii) Next placement.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1550((What medical and dental care must I provide to children?))Medical, dental, and vision care.

(((1) You must ensure that children receive appropriate medical and dental care.

(2) You must make sure children have routine medical, dental, and vision care, and receive transportation to and from these scheduled appointments.

(3) You must arrange for an early and periodic screening, diagnosis and treatment (EPSDT) exam, also referred to as the well child exam (WCE), for children who are in your care for more than 30 days, if that child has not had an EPSDT exam in the 30 days prior to entering out-of-home care, except for children placed by DDA through a voluntary placement agreement. For children placed by DDA, follow the direction of DDA regarding the need for an EPSDT exam after placement. In addition, you must ensure that each child in your care completes regular EPSDT exams according to the EPSDT examination periodicity schedule: First exam by one month of age, then at two, four, six, nine, 12, 15, 18, and 24 months. Exams must be scheduled annually after 24 months of age.

(4) You must obtain and follow instructions from the child's medical provider if you give medication or treatment and use medications as prescribed per the medication label. Prescription or over-the-counter medications must be clearly labeled.

(5) You must make plans to respond to illness and emergencies, including serious injuries and contact with toxic or poisonous substances.

(6) You must immediately call 911 in a life-threatening emergency and notify:

(a) The child's DCYF caseworker or CPA case manager and child's tribal ICW case manager; and

(b) Your licensor.

(7) You must have first-aid supplies available in your home including:

(a) Protective nonlatex gloves:

(b) Bandages;

(d) Ace bandage;

(e) Gauze; and

(f) Nonbreakable and mercury free thermometer.

(8) One-way resuscitation masks are recommended but not required.))Foster parents must:

(1) Provide or arrange children and youth with appropriate health and mental health care, including:

(a) Care for their immediate physical or mental health, dental, or vision needs as necessary;

(b) Routine medical, dental, and vision care appointments with their licensed health care providers they had prior to entering care, if possible;

(c) Following the schedule recommended by the licensed health care provider, unless the care is refused by a youth who is able to provide informed consent legally based on their age; and

(d) Transportation to and from appointments;

(2) Verify children or youth placed in their home complete regular EPSDT exams:

(a) Except for children and youth who:

(i) Are in care for less than 30 calendar days;

(ii) Have had an EPSDT exam in the first 30 calendar days prior to entering out-of-home care; or

(iii) Are younger than 18 years old receiving residential habilitation services through DDCS. In this case, foster parents must follow the direction of DDCS regarding the need for an EPSDT exam after placement; and

(b) On the following timelines:

(i) Within the first 30 calendar days of initial placement; and

(ii) As required by the EPSDT examination schedule;

(3) Obtain and follow instructions from their licensed health care providers when treating medical conditions;

(4) Take necessary actions to respond to their health concerns, illness, injuries, contact with toxic or poisonous substances, and emergencies;

(5) Call 911 immediately in life-threatening emergencies prior to transporting them to a medical facility, even if they refuse care;

(6) Collaborate with the caseworker for assistance if children or youth refuse routine or nonemergent medical care; and

(7) Keep first-aid supplies available in the home including:

(a) Protective nonlatex gloves;

(b) Bandages;

(d) Elastic bandages;

(e) Gauze; and

(f) Mercury free thermometer.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1555((What are the immunization requirements?))Immunization requirements for children and youth in care.

(((1) Children placed in your home by the department are required to be immunized according to the Advisory Committee on Immunization Practices of the Centers for Disease Control (ACIP/CDC) as established in the Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2012 and as amended each subsequent year, except for rotavirus and human papillomavirus.

(2) If a child who has not received all recommended immunizations is placed in your care, you must take the child to a health care provider as soon as medically possible for catch-up immunizations according to the ACIP/CDC catch-up schedule.

(3) You must contact each child's DCYF caseworker and your licensor if a serious infection or a communicable disease is a threat to the children in your care. The department may remove a foster child from your home when the threat of a serious infection or communicable disease creates a risk to the health of any child placed in your home.))Foster parents must:

(1) Follow caseworker or CPA instructions for completing immunizations for children and youth in care;

(2) Keep a copy of the following documents for children and youth in care:

(a) Proof of current immunizations for all vaccine-preventable diseases, per WAC 246-105-030; or

(b) Any medical exemptions to required immunizations signed by their:

(i) Parents or guardians, or youth if they have the legal authority, to consent for their own medical care; and

(ii) Licensed health care provider; and

(3) Complete any current or missed immunizations for children and youth on the recommended schedule from the licensed health care provider if no exemptions are in place.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1560((What are the requirements for obtaining consent for emergent and routine medical care?))Medical care consent.

(1) The department ((is the legal custodian for children it places in care. We have the authority to consent to emergency and routine medical services on behalf of a child under the age of 18. Youth in care over the age of 18 must consent to their own medical care or have an identified person who has been granted the legal authority to consent on their behalf. We delegate some of the authority to providers. You must contact the child's DCYF caseworker or intake for specific information for each child.

(2) If you care for children in the custody of another agency, tribal court or other court, you must follow the direction of that agency or court regarding permission to provide consent for medical care.

(3) In case of medical emergency, contact the child's DCYF caseworker or DCYF intake as soon as possible.

(4) It is your responsibility to ensure that a child receives the necessary medical attention if injured or harmed. In the event of a life-threatening medical emergency, you must contact 911 prior to transporting the child to a medical facility.)), tribe, or another government agency is the legal custodian for children and youth they place in out-of-home care and have the authority to consent to emergency and routine medical care on behalf of children and youth when they are younger than 18 years old.

(2) Foster parents:

(a) Must follow:

(i) State laws regarding children's or youth's ability to access and consent to medical care including, but not limited to:

(A) Mental health care;

(B) Protected health care;

(D) Sexually transmitted diseases; and

(E) Substance use treatment; and

(ii) The direction of another agency, tribal court, or other court when they are caring for children that are in the custody of another agency;

(b) May only consent to emergency or routine medical services for children and youth placed by the department when the department has delegated the authority to them.

(3) Youth in out-of-home care ages 18 to 21 years old must:

(a) Give consent for their own medical care; or

(b) Have an identified individual who has been granted legal authority to give consent on their behalf.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1565((How must medications be stored?))Medication storage.

(((1) Prescription and over the counter medications must be kept in a locked container.

(2) Life-saving medications must be accessible in an emergency.))Foster parents must store medication that they have obtained as follows, keep:

(1) Prescription and over-the-counter medications, except for over-the-counter ointments and eye drops, in locked storage that can only be unlocked by:

(a) Foster parents or other individuals authorized to provide care; or

(b) Children and youth that are able to take their own medication as outlined in WAC 110-148-1580;

(2) Emergency medications easily accessible; and

(3) Animal medications in locked storage that are separate from human medications.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1575((What are other requirements for medications?))Administering medication.

(((1) You must keep a written record of all prescription medications and the dates given for the children in care. This list must go with the child when they leave your home.

(2) You must notify the child's DCYF caseworker of changes in prescribed medications.

(3) You must give prescription and over the counter medications as specified on the medication label or as prescribed by persons legally authorized to prescribe medication. This includes herbal supplements and remedies, vitamins, or minerals.

(4) You must give children nonprescription medication according to product instructions and seek medical advice regarding possible interactions with a child's other prescription and nonprescription medications.))Foster parents administering medication to children or youth must:

(1) Keep a written record in the child's or youth's well-being file that:

(a) Lists:

(i) All prescription medications; and

(ii) Over-the-counter medications:

(A) Ordered by a licensed health care provider; or

(B) Administered for more than three consecutive days;

(b) Includes:

(i) The dates, dosage, and reason given; and

(ii) Any medication refusals;

(d) Is submitted to the caseworker quarterly;

(2) Notify children's and youth's caseworkers in writing if:

(a) There are changes in prescribed medications, except for changes to psychotropic medications, follow subsection (6) of this section; or

(b) A child comes into placement without a medication record;

(3) Give prescription medications only to the individual named on the prescription and as directed by the:

(a) Individual legally authorized to prescribe medication; or

(b) Medication label;

(4) Give over-the-counter medications:

(a) As directed by the medication label; and

(b) In consultation with children and youth appropriate to their developmental capabilities; and

(5) Not start or stop giving children or youth prescription medications without approval from their licensed health care provider;

(6) Coordinate starting or stopping a child's or youth's psychotropic medication with their licensed health care provider and obtain consent from:

(a) Youth 13 years old or older who are developmentally capable to provide consent; or

(b) The caseworker for:

(i) Youth 13 years old or older who are unable to provide consent; or

(ii) Children under 13 years old; and

(7) Consult with the following if children or youth miss or refuse prescribed medication for two consecutive days and there is not a medication plan in place with instructions:

(a) Licensed health care provider; and

(b) Caseworker.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1580((Can children take their own medications?))Children and youth taking their own medications.

(((1) You may permit children under your care to take their own medicine as long as:

(a) They are physically and mentally capable of properly taking the medication; and

(b) You obtain and keep written approval by the child's health care provider and DCYF caseworker in your records.

(2) When a child is taking their own medication, the medication and medical supplies must be kept locked or inaccessible to unauthorized persons.))Foster parents must:

(1) Assess children and youth in care who want to take their own medications based on their developmental capability to follow medication instructions in collaboration with:

(a) The child or youth;

(b) Their caseworker; and

(2) Develop and follow a plan approved by the caseworker based on the assessment in subsection (1) of this section that includes:

(a) Which medications they may take on their own;

(b) How their medication use will be monitored;

(d) How the medications will be stored to allow identified children or youth access;

(3) Demonstrate to children and youth how to safely store and take their medications as needed;

(4) If they find an unsecured medication that the child or youth has legally obtained and brought into the home without their knowledge, follow the:

(a) Storage requirements in WAC 110-148-1565; and

(b) Procedure outlined in subsections (1), (2), and (3) of this section; and

(5) Not allow children and youth to take controlled substances on their own, unless instructed otherwise by the caseworker, including through the case plan for EFC youth, per WAC 110-148-1535.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1595((Can I accept prescription medication from a child's parent or guardian?))Accepting prescription medication from children's or youth's families.

(((1) The only medication you may accept from the child's parent, guardian, or responsible relative is medicine in the original container labeled with:

(a) The child's first and last name;

(b) The date the prescription was filled;

(d) Readable instructions for administration, either the manufacturer's instructions or instructions printed on the prescription label, of the medication.

(2) You must notify the child's DCYF caseworker when you receive a new prescription from a child's parent or guardian before giving it to the child.))Foster parents must:

(1) Complete the following when accepting prescription medications from children's or youth's parents, guardians, or other adults approved by the department or tribe:

(a) Verify the medication is in the original container that is labeled with the:

(i) Child's or youth's first and last name;

(ii) Date the prescription was filled;

(iii) Date the medication will expire; and

(iv) Readable instructions for administration from the prescription label or manufacturer; and

(2) Notify the caseworker if they receive a:

(a) New prescription from the child's or youth's parents, guardians, or other adult approved by the department or tribes prior to giving it to the child or youth; or

(b) Prescription from an individual not approved by the department or tribe and verify the medication can be given to the child or youth.

SUPERVISION

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1600((What is))Respite care((?)).

(((1) Respite care is provided by someone who is approved by LD and is paid to care for the foster children or provide relief for the foster parents. If the person provides care in their own home, they must be foster licensed. A nonlicensed respite care provider caring for children in your home must follow the requirements to become a LD certified respite provider.

(2) You may arrange respite care to provide substitute care in your absence, or to support you as part of a child's case plan. If you use a respite care provider, you should seek prior approval from the child's DCYF caseworker or CPA case manager, and, if applicable, the child's tribal ICW case manager.))(1) Foster parents:

(a) May request or arrange for the following:

(i) Respite care if they are absent or require support; or

(ii) Certified kinship respite care to maintain connections for the children or youth if the certified kinship respite care provider meets the requirements in WAC 110-149-0090;

(b) Must:

(i) Notify the children's or youth's caseworkers or CPA prior to beginning respite or certified kinship respite care, if possible; and

(ii) Verify the care is provided either by:

(A) Another licensed foster parent;

(B) LD certified kinship respite care provider; or

(c) Provide their contact information to the respite care providers in case of an emergency and any of the following that apply:

(i) Special care instructions;

(ii) Medication logs; and

(iii) Expectations regarding supervision and behavior management of children and youth.

(2) Individuals must apply with the department or CPA to become:

(a) LD certified respite providers to provide respite care in licensed foster homes and they must:

(i) Be 18 years old or older;

(ii) Pass a background check as outlined in chapter 110-04 WAC;

(iii) Submit the following with their application:

(A) All required agreements; and

(B) Documentation showing they have completed:

(I) The training and TB screening requirements in WAC 110-148-1320; and

(II) Infant safety training; and

(iv) Complete an interview with the licensor; and

(b) LD certified kinship respite providers and must meet the requirements in WAC 110-149-0090.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1605((Who can watch my foster child when I am away from home?))Supervision of children and youth when foster parents are away from home.

(((1) You may use a respite provider as defined in WAC 110-148-1600 to watch your foster child when you are away from home.

(2) You may also use a friend or relative as a substitute care provider for foster children when you are away from home without arranging for a background check. Substitute care provided on an occasional basis for less than 72 hours will be at your own expense. You may use a substitute care provider only when you have no reason to suspect that the provider would be a risk to children and has no founded child abuse or neglect history or criminal history that would disqualify him or her from caring for children. You must also:

(a) Be familiar and comfortable with the substitute care provider who will be caring for the child;

(b) Meet the substitute care provider and review the expectations regarding supervision and discipline of the foster children;

(d) Tell the substitute care provider how to contact you in case of an emergency.

(3) If care by the substitute care provider is a regular arrangement, you must have written approval from the child's DCYF caseworker. The substitute care provider must provide evidence of a cleared Washington state patrol background check and meet additional requirements for members of the household as defined in WAC 110-148-1320 (2) and (4).

(4) Based on the special needs of a child, the DCYF caseworker may require the substitute care provider to have additional skills or training.

(5) Teenagers, age sixteen and seventeen, who meet all requirements stated in this section, may supervise no more than three foster children.

(6) Foster children may provide short-term babysitting for children not in foster care. Sexually aggressive and physically assaultive youth must not babysit children.))Foster parents:

(1) May allow:

(a) Individuals to supervise children and youth in their absence, not including respite, when:

(i) The purpose is for normal childhood activities, per RCW 74.13.710; or

(ii) The supervising individual has completed:

(A) A background check, per chapter 110-04 WAC; and

(B) Any training needed identified by the caseworker to meet the specialized care needs of any children or youth being supervised;

(b) Youth in care who are 14 years old or older to babysit children and youth not in care if they agree, except:

(i) If they have a supervision plan that does not allow babysitting; or

(ii) When allowed in WAC 110-148-1521; and

(c) Youth who are 16 or 17 years old not in care to babysit three or fewer children or youth, including children and youth in care and the household; and

(2) Must meet with the individual supervising children or youth to give them:

(a) Any special care instructions, including expectations regarding supervision and discipline;

(b) Location of the emergency plan and first-aid kit; and

((BEHAVIOR MANAGEMENT))

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1610((What are the requirements for supervising children in my care?))Supervising children and youth, including around bodies of water.

(((1) You must provide and arrange for adult supervision that is appropriate for the child's age and development.

(2) For each child in your care you must:

(a) Provide personal attention to the child(ren), and additional supervision as needed and required by us; and

(b) Advise the child's DCYF caseworker about your plan for supervision of children in your care if you work outside the home. You will also provide a general plan to your licensor during the licensing process.

(3) When supervising children, you must not:

(a) Leave children under five years of age and children with intellectual and developmental disabilities unattended in a bathtub or shower; or

(b) Use cribs, bassinets, cradles, playpens and swings as a substitute for supervising or one-on-one play with infants and young children.

(4) You are encouraged to obtain and follow a written supervision plan for every child in your care from the child's DCYF caseworker or CPA case manager and tribal ICW case manager.))Foster parents must provide and arrange for supervision, per WAC 110-148-1605, that is appropriate for the age and developmental capabilities of children and youth, including:

(1) For each child and youth:

(a) Providing personal attention to meet their health, safety, and well-being needs;

(b) Mitigating unsafe or unhealthy events or actions and intervening as soon as possible when necessary; and

(i) Follow the plan; and

(ii) Keep a copy of the plan in the child's or youth's well-being file as outlined in WAC 110-148-1405;

(2) When supervising young children, the supervising individual must not:

(a) Leave children or youth unattended in a bathtub or shower if they are younger than five years old or it is unsafe due to their developmental capabilities; or

(b) Use devices that can fasten or are enclosed as a substitute for supervision including, but not limited to:

(i) Cribs;

(ii) Playpens;

(iii) Car seats; or

(iv) Swings;

(3) Complying with all laws and using appropriate safety gear when using motorized vehicles;

(4) Following WAC 110-148-1521 for Indian children or youth;

(5) Using their knowledge of children's and youth's swimming abilities to keep them safe around bodies of water by:

(a) Staying within touching distance when they are in a body of water or near enough to present a danger, except during swimming lessons with a certified instructor, of:

(i) Children younger than six years old; and

(ii) Any other children or youth who are at a higher risk;

(b) Having available and offering the use of appropriately sized U.S. Coast Guard approved floatation devices when they are swimming and are not required to wear one under (d) of this subsection;

(c) Requiring them to wear U.S. Coast Guard approved personal floatation devices when boating using recreational vessels, except that they may follow the requirements of the operator when on a commercially operated recreational vessel;

(d) Requiring children and youth swimming in open water where a lifeguard is not on duty to:

(i) Be supervised if they are younger than 15; and

(ii) Wear U.S. Coast Guard approved personal floatation devices if they are younger than 12; and

(e) Determining if supervision or U.S. Coast Guard approved personal floatation devices are needed and require them when:

(i) Children or youth swim in a designated swimming area or in open water where a lifeguard is on duty; and

(ii) Youth are older than the ages required in (c) of this subsection and swimming in any location; and

(6) If children or youth are swimming in an area where there is no lifeguard on duty and supervision is required under subsection (4) of this section, there must be at least one individual 16 years old or older present who has current age-appropriate first aid and CPR training and either:

(a) Has completed an LD approved water safety training and is following the recommendations of the training; or

(b) Who knows how to swim, how to use rescue equipment, and has it with them.

BEHAVIOR MANAGEMENT

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1615((What are the requirements for disciplining children?))Behavior management.

(((1) You must use discipline that is appropriate to the child's age and level of development.

(2) You must establish limits and use positive methods of guidance that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation.

(3) Positive methods include:

(a) Directing children to another activity;

(b) Giving choices when appropriate;

(d) Planning in order to prevent problems; and

(e) Using positive reinforcement and encouraging children to express their feelings and ideas.

(4) You must not use physical punishment or verbally abusive, neglectful, humiliating, or frightening punishment which includes, but is not limited to:

(a) Spanking;

(b) Cursing;

(d) Locked time-out rooms or methods that interfere with a child's basic needs, including withholding of food.

(5) You and authorized care providers are responsible for discipline; you must not give that responsibility to a child.

(6) You must allow a child needed services, including contact with the child's DCYF caseworker, legal representatives, parents or guardians, or other family members.

(7) You will develop a written plan for disciplining children with your licensor and you must follow that plan.))For children and youth in care, foster parents:

(1) Must:

(a) Apply the following behavior management strategies, consistent with the children's and youth's age and developmental capabilities:

(i) Use trauma-informed behavior guidance methods; and

(ii) Effectively communicate with children and youth to:

(A) Build a positive connection through shared activities;

(B) Provide clear expectations for behavior; and

(b) Collaborate with the children's and youth's caseworker and their therapist, if applicable, if individualized coping mechanisms for the children or youth are needed;

(c) Maintain responsibility for behavior management, except when other individuals are approved to supervise children or youth as outlined in WAC 110-148-1605;

(2) Must not use any of the following as disciplinary methods to correct children's or youth's behavior including, but not limited to:

(a) Any physical discipline;

(b) Withholding:

(i) Food and water;

(ii) Approved contact with their relatives, kin, or tribal community;

(iii) Their ability to attend religious or cultural events; or

(iv) Other approved activities, except in collaboration with their caseworker; and

(d) Administering medication other than as prescribed or recommended by the manufacturer; or

(e) Any behavior management methods that:

(i) Are:

(A) Verbally abusive;

(B) Neglectful;

(D) Frightening; or

(E) Intended to cause any kind of discomfort;

(ii) Interfere with their basic needs; or

(iii) Prevent access to needed services, including contact with their:

(A) Caseworker;

(B) Attorney; and

(3) May:

(a) Only:

(i) Use physical labor as a disciplinary method with children or youth if they damage something, in collaboration with their caseworker, to have them:

(A) Repair it; or

(B) Perform labor for compensation to cover the cost of replacing it;

(ii) Delegate behavior management responsibilities to children or youth, when approved in WAC 110-148-1605;

(iii) Request training on how to use positive methods of guidance for children and youth that promote self-control, responsibility, direction, esteem, and cooperation.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1620((When may a child be restrained?))Use of physical handling and restraints for behavior managements.

(((1) You may use physical restraint when a child's behavior poses an immediate risk to physical safety. The restraint must be reasonable and necessary to:

(a) Prevent a child from harming self or others; or

(b) Protect property from serious damage.

(2) You must not use physical restraint as a form of punishment or discipline. You must not use mechanical restraints such as handcuffs and belt restraints unless ordered by the child's physician. You must not use physical restraint that restricts breathing, inflicts pain to manage behavior, or is likely to cause injury that is more than temporary. This includes, but is not limited to:

(a) Restriction of movement by placing pressure on joints, chest, heart, or vital organs;

(b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

(d) Hair holds;

(e) Choking or putting arms around the throat; or

(f) Chemical restraints, such as pepper spray.

(3) You must document your use of physical restraint and send a copy to the child's DCYF caseworker and LD licensor within 48 hours. If you are supervised by a CPA, you must contact the case manager and keep a copy of the documentation on the premises.

(4) When you have to use physical restraints on a regular basis, you must get prior written approval from the child's DCYF caseworker as well as verbal or written approval by LD.))Foster parents:

(1) May use:

(a) Physical handling of children or youth appropriate to their developmental capabilities to:

(i) Hold them for comfort;

(ii) Pick them up or carry them without restricting their limbs for transport or redirection; or

(iii) Hold their hand to escort them; or

(b) Mechanical restraints only when ordered by a licensed health care provider;

(2) Must:

(a) Not use physical restraints:

(i) To redirect or deescalate a situation, unless the children's or youth's behaviors pose an immediate risk to the physical safety of themselves, another individual, or serious property damage. If restraint is necessary, it must be:

(A) Appropriate to the situation based on their developmental capabilities;

(B) Discontinued as soon as the danger is no longer present;

(ii) As a form of punishment or discipline;

(b) Never use the following including, but not limited to:

(i) Physical restraints:

(A) On a child or youth when they are lying face down;

(B) That restrict breathing;

(ii) Restriction of movement by placing pressure on joints, chest, or vital organs;

(iii) Arm twisting;

(iv) Hair holds;

(v) Choking, sleeper holds, or putting arms around the throat; or

(vi) Restriction of movement within a physical location, such as a locked room;

(i) Document the use, including which least-restrictive methods were tried prior to use;

(ii) Send a copy of the documentation to the child's or youth's caseworker and licensor within 48 hours as outlined in WAC 110-148-1420; and

(iii) Keep a copy of the documentation in their well-being file; and

(d) Not use physical restraint of a child or youth on a regular basis without:

(i) A caseworker approved supervision plan;

(ii) Receiving behavior management training prior to use that has been approved by the:

(A) Department; or

(B) Child's or youth's tribal caseworker, if applicable.

RULE VIOLATIONS AND CORRECTIVE ACTIONS

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1625((Will you license or continue to license me if I violate licensing requirements?))Actions, notices, administrative hearing, and appeals.

(((1) We may modify, deny, suspend, or revoke your license when:

(a) You do not meet the licensing requirements in this chapter;

(b) You or others in your home may not have unsupervised access to children;

(d) You commit, permit, or assist in an illegal act on the premises of a home or facility providing care to children;

(e) You knowingly provide false information to us;

(f) You are unable to manage your property and financial responsibilities; or

(g) You cannot provide for the safety, health, and well-being of the children in your care; or

(h) You cannot or will not support a child's cultural needs including needs based on the child's race, ethnicity, religion, or SOGIE.

(2) We will send you a certified letter telling you of the decision to modify, deny, suspend, or revoke your license. In the letter, we will also tell you what you need to do if you disagree with the decision.

(3) The department has jurisdiction over all foster home licenses and over all holders of and applicants for licenses as provided in RCW 74.15.030(5). This jurisdiction is retained even if you request to withdraw the application, or you surrender or fail to renew your license.))The department:

(1) May take a licensing action against a foster home license:

(a) Including:

(i) Modification;

(ii) Denial;

(iii) Suspension; or

(iv) Revocation; and

(b) When foster parents:

(i) Do not meet the licensing requirements in this chapter;

(ii) Have household members or individuals living on the premises that are prohibited from having unsupervised access to children and youth;

(iii) Continue to allow individuals disqualified by the department access to children or youth;

(iv) Have been determined by the department to have abused or neglected a child or youth;

(v) Have committed, permitted, or assisted in an illegal act on the premises of a home or facility providing care to children or youth;

(vi) Knowingly provide false information to the department;

(vii) Are unable to manage the premises and financial responsibilities;

(viii) Cannot provide for the health, safety, and well-being of the children and youth;

(ix) Cannot or will not support a children's or youth's cultural needs including needs based on their race, ethnicity, religion, or SOGIE;

(x) Is overcapacity without department approval;

(xi) Does not provide a safe, healthy, and nurturing environment for the children or youth; or

(xii) Does not meet the health and safety requirements of DOH or the state fire marshal; and

(2) Will send foster homes a certified letter informing them of:

(a) The decision to take action against the licensee; and

(b) Their appeal and administrative hearing rights as outlined in chapter 110-03 WAC; and

(3) Retains jurisdiction over all foster home licenses and over all holders of and applicants for licenses as outlined in RCW 74.15.030, even if:

(a) An applicant requests to withdraw the application; or

(b) A licensee surrenders or fails to renew their license.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1630((Are there exceptions made if I do not meet the licensing requirements?))Exceptions to licensing requirements.

(((1) We may make exceptions and license or continue to license you if you do not meet the minimum licensing requirements if we find that you can provide for the safety, health and well-being of children in your care.

(2) In addition, we may limit or restrict your license and/or require you to enter into a compliance agreement to ensure the safety and well-being of the children in your care.

(3) You must keep a copy of the approved exception to the licensing requirements for your files.

(4) You do not have appeal rights if the department denies your request for an exception to the licensing requirements.))(1) Foster parents:

(a) May request exceptions to licensing requirements. To be considered, the requests must:

(i) Be submitted in writing to the licensor;

(ii) Be related to the specific need of a foster home or child or youth;

(iii) Not violate any state or federal laws;

(iv) Not conflict with other WAC;

(v) Have a specific time frame; and

(vi) Demonstrate how they will continue to provide for the health, safety, and well-being of children and youth;

(b) Do not have appeal rights if the department denies a request for an exception to the licensing requirements or revokes an approved exception.

(2) The department may:

(a) Revoke an exception at any time if the:

(i) Need for the exception changes;

(ii) Licensing requirement being excepted changes; or

(ii) Foster parents do not meet the requirements of the exception; and

(b) Limit or restrict foster home licenses or require foster parents to enter into a compliance agreement when necessary for the health, safety, and well-being of children and youth.

AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)

WAC 110-148-1635((Can people living in my home be disqualified from having access to the children in my care?))Disqualification of household members or those living on the premises from access to children and youth.

(((1) The department must disqualify people living in your home if they do not meet the requirements of this chapter, or cannot have unsupervised access to children because of their background check (chapter 110-04 WAC).

(2) We will notify you if a person in your home is disqualified from having unsupervised access to children. This could also lead to denial, suspension, or revocation of your license.))The department must:

(1) Disqualify household members or those living on the premises from having access to children and youth if they do not pass a background check, per chapter 110-04 WAC; and

(2) Notify foster parents if a household member or individual living on the premises is disqualified from having access to children and youth. This may lead to denial, suspension, or revocation of their license.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-148-1655((Can I be issued a probationary license?))Probationary licenses.

(((1) We may issue a probationary license as part of a corrective action plan with you.

(2) We will consider the following when deciding whether a probationary license will be issued:

(a) An intentional or negligent violation of licensing requirements;

(b) A history of violation of licensing requirements;

(d) Whether you are making a good faith effort to comply; and

(e) Any other factors relevant to the specific situation.

(3) A probationary license may be issued for up to six months. At our discretion, we may extend the probationary license for an additional six months. You may not appeal our decision not to issue a probationary license.))(1) The department:

(a) May issue a probationary license as part of a corrective action plan as outlined in RCW 74.15.125; and

(b) Will consider the following when deciding whether to issue a probationary license:

(i) Intentional or negligent violations of licensing requirements;

(ii) History of violations of licensing requirements;

(iii) Current violations of licensing requirements;

(iv) Whether foster parents are making a good faith effort to comply with (a) of this subsection; and

(v) Other factors relevant to the specific situation.

(2) Foster parents do not have appeal rights if the department decides not to issue a probationary license.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 110-148-1370	What kinds of assessments are included in the licensing process?
WAC 110-148-1400	What services must I provide for medically fragile children and children with intellectual and developmental disabilities?
WAC 110-148-1490	May I have illegal drugs on my property?
WAC 110-148-1570	Who may access stored medications?
WAC 110-148-1585	Can I use medication for behavior control?
WAC 110-148-1590	Can I choose to give prescribed medications, including psychotropic medication?
WAC 110-148-1640	Are there any other reasons that might cause me to lose my license?
WAC 110-148-1645	What may I do if I disagree with your decision to modify, deny, suspend, or revoke my license, or to disqualify my background check?
WAC 110-148-1650	How do I appeal the decision of the office of administrative hearings' administrative law judge?