WSR 26-11-038

PROPOSED RULES

DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

[Filed May 18, 2026, 8:59 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 25-09-075.

Title of Rule and Other Identifying Information: Juvenile rehabilitation (JRD) is amending the chapter 110-730 WAC, Security classifications of young people in juvenile rehabilitation, to address the process for young people entering the secure facility and the security classification and behavior management system changes. WAC will also be retitled, reorganized, and redundancy removed to provide additional clarity on the program requirements.

New WAC 110-730-0005 Legal basis for security classifications, 110-730-0006 Purpose, and 110-730-0025 Intake security classification; and amending WAC 110-730-0010 Definitions, 110-730-0015 Assessments and security classification systems, 110-730-0020 Assigning security classifications, 110-730-0030 Maximum security, 110-730-0040 Medium security, 110-730-0050 Secure facility minimum security, 110-730-0060 Minimum security, 110-730-0065 Special placement restrictions or eligibility, 110-730-0070 Behavior management, and 110-730-0080 Documenting and reporting violations.

Hearing Location(s): June 23, 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: June 24, 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 8:00 a.m. on May 21, 2026, by 11:59 p.m. on June 23, 2026.

Assistance for Persons with Disabilities: DCYF rules coordinator, phone 360-522-3691, email dcyf.rulescoordinator@dcyf.wa.gov, relay 711, by June 10, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: JRD is amending chapter 110-730 WAC to update the process to assign security classifications to young people in JRD facilities. JRD is also updating and expanding the behavior management system used with young people and updating the types of security classifications to add clarity and increased safety for young people and employees and to reduce incidents.

Reasons Supporting Proposal: See purpose.

Statutory Authority for Adoption: Chapters 13.40 and 72.05 RCW; RCW 72.01.410, 72.01.412, and 74.15.210.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Indermark, 360-669-6353; Implementation and Enforcement: DCYF, 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.

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.

May 18, 2026

Brenda Villarreal

Rules Coordinator

RDS-7181.4

Chapter 110-730 WAC

((PLACEMENT OF JUVENILE OFFENDERS COMMITTED TO THE JUVENILE REHABILITATION ADMINISTRATION (JRA)))SECURITY CLASSIFICATIONS OF YOUNG PEOPLE IN JUVENILE REHABILITATION

LEGAL, BASIS, AND DEFINITIONS

NEW SECTION

WAC 110-730-0005Legal basis for security classifications.

The legal basis for security classifications are:

(1) Chapter 13.40 RCW;

(2) RCW 72.01.410;

(3) RCW 72.01.412;

(4) Chapter 72.05 RCW; and

(5) RCW 74.15.210.

NEW SECTION

WAC 110-730-0006Purpose.

(1) This chapter contains requirements for establishing security classifications and placement decisions for young people in the juvenile rehabilitation division (JRD) of the department.

(2) Security classification requirements are designed to keep young people, facilities, and the community safe.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0010Definitions.

((As used in this chapter:

"Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to an interagency agreement with the department is not a community facility.

"Community placement eligibility requirements" means requirements developed by JRA that must be met by a youth to demonstrate progress in treatment and low public safety risk, which justify an institutional minimum or minimum security classification for the youth.

"Initial security classification assessment" means a written instrument, developed by JRA and administered by diagnostic staff, to determine to what extent a juvenile is a threat to public safety for the purpose of determining the juvenile's security classification when the juvenile initially is committed to JRA.

"JRA" means juvenile rehabilitation administration, department of social and health services.

"Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

"Program administrator" means institution superintendent, regional administrator, or their designees.

"Residential treatment and care program" means a single family residence operated for the care of juveniles committed to the department under RCW 13.40.185.

"Separate living unit" means sleeping quarters and areas used for daily living activities not specific to treatment and education programs located in a building, wing, or on a different floor which separates resident groups.

"Service provider" means the entity that operates a community facility or is contracted to provide a residential treatment and care program.

"Specialized treatment program" means a program that addresses additional rehabilitation needs such as sex offender treatment, drug/alcohol treatment, mental health interventions, gang intervention, gender/age specific intervention and other programs meeting specific rehabilitation needs of juveniles.))The following definitions apply to this chapter:

"Behavior management" means a structured approach JRD uses with young people to promote safety, accountability, and positive behavior.

"Community facility" means the same as defined in RCW 72.05.020.

"Community facility placement eligibility requirements" means the JRD requirements young people must meet to demonstrate measurable progress in treatment and evidence indicating a likelihood of reduced risk to the community, sufficient to support a secure facility minimum security classification for placement in a community facility.

"Community transition services (CTS)" means the same as defined in RCW 13.40.205.

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

"Juvenile rehabilitation division (JRD)" means the juvenile rehabilitation division within the department.

"Multidisciplinary review committee" means a group of JRD employees from at least three different disciplines working together to review eligible young people for placement in a community facility or CTS.

"Residential review board (RRB)" means a formal board that conducts RRB hearings to determine if a recommendation should be made to the JRD assistant secretary to transfer young people to the department of corrections.

"Restorative interventions" means responses to rule violations intended to repair harm, rebuild trust, and restore relationships among young people, employees, and the facility community.

"Rule violation response (RVR) hearings" means an administrative process before an impartial officer where young people have the opportunity to be heard for the purpose of determining whether alleged JRD rule violations occurred.

"Secure facility" means a unit or facility with capabilities to care for young people committed to the department who are assigned one or more of the following security classifications:

(a) Intake;

(b) Maximum;

(d) Secure facility minimum.

"Security classifications" means the level of risk a young person presents to their residential community and the public.

"Serious rule violations" means infractions or violations committed by young people that threaten the safety and security of the facilities, employees, or other individuals and require a RVR hearing.

"Specialized program" means a program that addresses young people's unique needs related to:

(a) Sex offenses;

(b) Substance use;

(d) Gang involvement;

(e) Gender;

(f) Age;

(g) Disability; or

(h) Other needs.

"Therapeutic interventions" means clinically informed responses to rule violations that address mental health or substance use needs.

"Young people" means individuals serving a term of confinement with department supervision as:

(a) A juvenile as outlined in chapter 13.40 RCW; or

(b) An adult as outlined in RCW 72.01.410.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0015((Assessment.))Security classification system and assessments.

(((1) Risk assessment and treatment needs must be the basis of placement decisions involving juveniles.

(2) JRA must ensure juveniles are assessed to determine appropriate placement and treatment programming. Ongoing risk and needs assessment must occur during a juvenile's commitment to JRA.

(3) Risk assessment must include:

(a) Risk to public safety;

(b) Risk for sexually aggressive behavior; and

(4) JRA must use a security classification system to assist in placement decisions.

(5) Student records and information as described in RCW 72.05.425 are required for juvenile offender risk assessment, security classification assignment, and JRA community placement decisions. Designated school officials must ensure student records are provided to the identified juvenile court or JRA representative as required in RCW 28A.600.475 and 13.40.480.))The department will develop and maintain a security classification system that:

(1) Uses assessments to assist the department in facility placement decisions. The assessments will include information about young people's:

(a) Risk to facility and public safety;

(b) Sexually aggressive behavior; and

(2) Considers rehabilitative resources.

ASSIGNMENT AND SECURITY CLASSIFICATION TYPES

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0020Assigning security classifications.

(((1) There are four JRA security classifications:

(a) Maximum;

(b) Medium;

(d) Minimum.

(2) A juvenile's initial security classification is determined using the initial security classification assessment. A juvenile's security classification may be changed at any time, and be reviewed at regular intervals as determined by JRA policy.))The department:

(1) Will:

(a) Assign young people a security classification when they enter JRD;

(b) Determine young people's security classification during their initial intake and placement assessment;

(i) Maximum;

(ii) Medium;

(iii) Secure facility minimum; or

(iv) Minimum; and

(d) Review young people's security classifications at regular intervals; and

(2) May:

(a) Change young people's security classifications at any time based on their behaviors or results from the regular interval reviews;

(b) Override the security classifications with approval from the JRD assistant secretary or designee; or

(c) Allow an exception to participate in work crews or other programs outside of a secure perimeter with approval from the JRD assistant secretary or designee.

NEW SECTION

WAC 110-730-0025Intake security classification.

(1) The department will:

(a) Assign young people an initial or intake security classification when they enter JRD;

(b) Complete an initial intake assessment process; and

(2) Young people during the initial intake and assessment process must:

(a) Reside in a secure facility with:

(i) Security windows;

(ii) Locked exterior doors;

(iii) Lockable rooms without a roommate; and

(iv) A security fence;

(b) Be allowed to move between secured buildings if escorted by department employees;

(i) Court appearances; or

(ii) Emergencies or medical purposes as outlined in RCW 13.40.205; and

(d) Be escorted in restraints and a secure vehicle if they exit the facility.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0030Maximum security.

(((1) A maximum security classification must be assigned to a juvenile if:

(a) Indicated by the initial security classification assessment; or

(b) Following the initial security classification, it is determined the juvenile:

(i) Does not meet the community placement eligibility requirements for minimum security; and

(ii) Requires maximum security restrictions to protect public safety, encourage the juvenile to participate in treatment and follow facility rules, or enhance the safe and orderly operation of the facility.

(2) A juvenile classified as maximum security must:

(a) Reside in an institution with the capability of:

(i) Security windows;

(ii) Locked exterior doors;

(iii) Lockable single-person rooms; and

(iv) A security fence.

(b) Be permitted movement between secured buildings only if accompanied by a close staff escort;

(c) Be confined to facility grounds, except for court appearances or emergencies, in which case a staff escort, and transportation in restraints and in a security vehicle, are required; and

(d) Be allowed authorized leave only for emergency and medical purposes pursuant to RCW 13.40.205.))(1) The department will assign young people to the maximum security classification if:

(a) Determined by their intake security classification assessment; or

(b) It is later determined they require maximum security restrictions in order:

(i) To protect public safety;

(ii) For young people to participate more effectively in treatment;

(iii) For young people to follow secure facility rules; or

(iv) To increase safety in the facility.

(2) Young people assigned to maximum security classification must:

(a) Reside in a secure facility with:

(i) Security windows;

(ii) Locked exterior doors;

(iii) Lockable rooms without a roommate; and

(iv) A security fence;

(b) Be allowed to move between secured buildings if escorted by department employees;

(i) Court appearances; or

(ii) Emergencies or medical purposes as outlined in RCW 13.40.205; and

(d) Be escorted in restraints and a secure vehicle if they exit the facility.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0040Medium security.

(((1) A medium security classification must be assigned to a juvenile if:

(a) Indicated by the initial security classification assessment; or

(b) Following the initial security classification, it is determined the juvenile:

(i) Does not meet the community placement eligibility requirements for minimum security; and

(ii) Requires medium security restrictions to protect public safety, encourage the juvenile to participate in treatment and follow facility rules, or enhance the safe and orderly operation of the facility.

(2) A juvenile classified as medium security must:

(a) Reside in an institution with the capability of at least:

(i) Lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows without egress.

(b) Receive during movement a staff escort, continuous visual surveillance, or telephone/radio staff verification of departures and arrivals, unless the program administrator determines such measures are unnecessary;

(i) Participation in work crews or other programs outside the facility that require a close staff escort; and

(ii) Court appearances or emergencies, in which case a staff escort, and transportation in a security vehicle and/or in restraints, are required.

(d) Be allowed authorized leave only for emergency or medical purposes pursuant to RCW 13.40.205.))(1) The department will assign young people to the medium security classification if:

(a) Determined by their intake security classification assessment; or

(b) It is later determined they:

(i) Do not meet the community facility placement eligibility requirements for minimum security; and

(ii) Require medium security restrictions in order:

(A) To protect public safety;

(B) For young people to participate more effectively in treatment;

(D) To increase safety in the facility.

(2) Young people assigned to medium security must:

(a) Reside in a secure facility with:

(i) Lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows that do not allow an exit without being unlocked by the department;

(b) Move within the secure facility with:

(i) Department employee escorts; or

(ii) Continuous visual surveillance;

(i) Court appearances; or

(ii) Emergencies or medical purposes as outlined in RCW 13.40.205; and

(d) Be escorted in restraints and in a secure vehicle when they exit the facility.

AMENDATORY SECTION(Amending WSR 20-01-031, filed 12/6/19, effective 1/6/20)

WAC 110-730-0050Secure facility institutional minimum security.

(((1) An institutional minimum classification must be assigned to a juvenile if:

(a) Indicated by the initial security classification assessment;

(b) Indicated by the community placement eligibility requirements unless a recent incident indicates the juvenile no longer meets these requirements; or

(2) Even if eligible under subsection (1) of this section, a juvenile must not receive an institutional minimum security classification if:

(a) The assistant secretary for JR, or designee, signs an administrative override disapproving institutional minimum classification and assigning the juvenile a higher security classification; or

(b) The juvenile is a sex offender who meets the requirements for civil commitment referral under chapter 71.09 RCW or is classified as a risk level III under RCW 13.40.217.

(3) A juvenile classified as institutional minimum security:

(a) Must reside in an institution with the capability of at least:

(i) Lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows without egress.

(b) May be permitted:

(i) Unescorted movement on facility grounds;

(ii) Participation in work crews or other programs outside the facility with a close staff escort;

(iii) Unescorted participation in community work, educational and community service programs, and family treatment or other activities to strengthen family ties, for up to sixteen hours per day; and

(iv) Authorized leave pursuant to RCW 13.40.205.

(4) A juvenile on institutional minimum security must be transferred to minimum security upon the availability of an appropriate community placement if:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.))(1) The department will:

(a) Assign young people to the secure facility minimum security classification if determined by:

(i) Their intake security classification assessment; or

(ii) Meeting all community facility placement eligibility requirements; and

(b) Not assign young people to the secure facility minimum security classification if they are eligible in (a) of this subsection when they are convicted of a sex offense and:

(i) Meet the requirements for civil commitment referral as outlined in chapter 71.09 RCW; or

(ii) Are classified as a risk level III as outlined in RCW 13.40.217.

(2) Young people assigned to secure facility minimum security:

(a) Must:

(i) Reside in a secure facility with:

(A) Lockable exterior doors or fire exit doors fitted with alarms; and

(B) A security fence or windows that do not allow them to exit without being unlocked by the department; and

(ii) Be reviewed by a multidisciplinary review committee for eligibility and suitability to be transferred to minimum security when there is a community facility placement that is available and appropriate if:

(A) They have served at least 10 percent of their sentence and a minimum 30 calendar days in a secure facility; and

(B) All placement assessment requirements are met; and

(b) May be allowed to participate in:

(i) Work crews or other programs outside the secure facility with department employee escorts; and

(ii) The following activities without department escorts:

(A) Moving in the secure facility; and

(B) Authorized leave as outlined in RCW 13.40.205.

AMENDATORY SECTION(Amending WSR 20-01-031, filed 12/6/19, effective 1/6/20)

WAC 110-730-0060Minimum security.

(((1) The provisions of WAC 110-730-0050 also apply to a juvenile classified as minimum security, except the juvenile must reside in a community facility, residential treatment and care program, or a community commitment program facility (CCP) rather than in an institution.

(2) Juveniles must not be placed in a community facility or residential treatment and care program until:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.

(3) In addition to the provisions of WAC 110-730-0050 (3)(b)(iii), minimum security juveniles may be permitted unescorted participation in treatment programs in the community that do not involve the family for up to sixteen hours per day.))The department:

(1) Will:

(a) Assign young people to the minimum security classification when they have resided in a community facility and:

(i) Meet the criteria in WAC 110-730-0050; and

(ii) Are approved by a multidisciplinary review committee;

(b) Consider young people for partial confinement to reside in an approved placement through the CTS program when they:

(i) Meet the criteria and are not excluded by the requirements in RCW 72.01.412 and 13.40.205;

(ii) Have served at least 60 percent of their sentence and at least 15 weeks of their total confinement, including time spent in detention prior to placement in a JRD facility;

(iii) Are in the last 18 months of their sentence;

(iv) Are recommended for a multidisciplinary review; and

(v) Are approved by an appointing authority that:

(A) Takes their behavior and disciplinary needs into consideration while in the JRD facility; and

(B) Determines community transition services placement is in the best interest of the young person and the community; and

(i) Independent living in an approved placement;

(ii) Treatment, programs, and services;

(iii) Employment and education;

(iv) Connections with family, natural supports, and community; and

(v) Authorized leave as outlined in RCW 13.40.205; and

(2) May allow young people in a community facility unescorted or unmonitored participation in:

(a) Community work;

(b) Educational and community service programs;

(d) Authorized leave as outlined in RCW 13.40.205.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0065Special placement restrictions or eligibility.

((Certain placement restrictions apply to community facilities and residential treatment and care programs that are commonly used by and under the jurisdiction of both JRA and the children's administration.

(1) When juveniles under commitment to JRA are assessed as a high to moderate risk for sexually aggressive behavior, they may not be placed in a community facility or residential treatment and care program with youths under the jurisdiction of children's administration unless:

(a) They are placed in a separate living unit solely for juveniles currently under the jurisdiction of JRA; or

(b) They are placed in a program that contracts specifically for the provision of services to sexually aggressive youth.

(2) Juveniles under commitment to JRA for a class A felony may not be placed in these community facilities unless:

(a) They are housed in a separate living unit solely for juveniles currently under the jurisdiction of JRA;

(b) They are placed in a community facility or residential treatment and care program that is a specialized treatment program and the juvenile is not assessed as sexually aggressive under RCW 13.40.470; or

(c) They are placed in a community facility or residential treatment and care program that is a specialized treatment program housing one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.))The department:

(1) Will:

(a) Not place young people who are assessed as having moderate or high risk of sexually aggressive behaviors in sleeping quarters with young people who are assessed as vulnerable to sexual aggression, unless they are regularly monitored by visual surveillance or employee checks; and

(b) Minimize situations in which sexually vulnerable young people share sleeping quarters or have unsupervised contact with young people who have exhibited sexually aggressive behaviors to the extent funding allows in RCW 13.40.470; and

(2) May:

(a) Apply additional placement restrictions for community facilities to:

(i) Address community safety; and

(ii) Meet the young people's needs; and

(b) Consider eligibility of young people serving adult sentences for community facility placement if they:

(i) Are eligible for partial confinement through the CTS program, including if they have:

(A) Been assigned in minimum security;

(B) Served at least 10 percent of their sentence; and

(ii) Are eligible for review six months prior to their 25th birthday and:

(A) Meet eligibility in RCW 72.01.412; and

(B) Are approved by a multidisciplinary review committee.

AMENDATORY SECTION(Amending WSR 20-01-029, filed 12/6/19, effective 1/6/20)

WAC 110-730-0070((Residential disciplinary standards.))Behavior management.

(((1) Serious violations by a juvenile include:

(a) Escape or attempted escape;

(b) Violence toward others with intent to harm and/or resulting in significant bodily injury;

(c) Involvement in or conviction of a criminal offense under investigation by law enforcement or awaiting adjudication for behavior that occurred during current placement;

(d) Extortion or blackmail that threatens the safety or security of the facility or community;

(e) Setting or causing an unauthorized fire with intent to harm self, others, or property, or with reckless disregard for the safety of others;

(f) Possession or manufacture of weapons or explosives, or tools intended to assist in escape;

(g) Interfering with staff or service providers in performing duties relating to the security, safety, or both, of the facility or community;

(h) Intentional property damage in excess of one thousand five hundred dollars;

(i) Rioting or inciting others to riot;

(j) Refusal of urinalysis or search; or

(k) Other behaviors which threaten the safety or security of the facility, its staff, or residents or the community.

(2) Other violations by a juvenile placed in a community facility or residential treatment and care program include:

(a) Unaccounted for time when a juvenile is away from the community facility or residential treatment and care program;

(b) Violation of conditions of authorized leave;

(d) Misuse of medication such as hoarding medication or taking another person's medication;

(e) Self-mutilation, self tattooing, body piercing, or assisting others to do the same;

(f) Intentional destruction of property valued at less than fifteen hundred dollars;

(g) Fighting;

(h) Unauthorized withdrawal of funds with intent to commit other violations;

(i) Suspensions or expulsions from school or work;

(j) Violations of school, employment or volunteer work agreements related to custody and security concerns;

(k) Escape talk;

(l) Sexual contact or any other behavior, not defined as a serious violation, resulting in a referral to child protective services or law enforcement;

(m) Lewd or disruptive behavior in the community; or

(n) Possession, use, or distribution of drugs or alcohol, or use of inhalants.

(3) Juveniles must be held accountable when there is reasonable cause to believe they have committed a violation.

(a) Whenever a juvenile placed in a community facility or residential treatment and care program commits a serious violation, the juvenile must be returned to an institution. The JRA program administrator who receives a service provider report of a serious violation must make arrangements to transfer the juvenile to an institution as soon as possible. Juveniles may be placed in a secure JRA or contracted facility pending transportation to an institution.

(b) Sanctions for serious violations committed by juveniles in an institution, and additional sanctions for serious violations committed by juveniles returned to an institution, must include one or more of the following:

(i) Loss of privileges for up to thirty days;

(ii) Loss of program level; or

(iii) Room confinement up to seventy-two hours.

(i) Change in release date;

(ii) Referral for prosecution;

(iii) Transfer to an intensive management unit;

(iv) Increase in security classification;

(v) Reprimand and loss of points;

(vi) Restitution; or

(vii) Community service.

(d) Sanctions for violations listed in WAC 388-730-0070(2) may include transfer to a higher security facility and must include one or more of the following:

(i) Loss or privileges;

(ii) Loss of program level;

(iii) Room confinement up to seventy-two hours;

(iv) Change in release date;

(v) Reprimand;

(vi) Loss of points;

(vii) Additional restitution; or

(viii) Community service.

(e) Sanctions for possession, use, or distribution of drugs or alcohol, or use of inhalants may include any listed in (d) of this subsection and the following:

(i) Review substance use screening tool;

(ii) Review current substance use assessment or refer for a new assessment; and

(iii) Consultation for appropriate level of intervention, treatment, and community safety.

(4) When a sanction is imposed, the juvenile must also receive a counseling intervention to address the violation.

(5) If the proposed sanctions for any violation includes extending the juvenile's established release date, the juvenile must be entitled to:

(a) A notice of an administrative review to consider extension of the release date and a written statement of the incident;

(b) An opportunity to be heard before a neutral review chairperson;

(c) Present oral or written statements, and call witnesses unless testimony of a witness would be irrelevant, repetitive, unnecessary, or would disrupt the orderly administration of the facility;

(d) Imposition of the sanction only if the administrative review chairperson finds by a preponderance of the evidence that the serious violation did occur; and

(e) A written decision, stating the reasons for the decision, by the administrative review chairperson.

(6) Each superintendent, regional administrator and service provider must clearly post, or make readily available, the list of serious violations and possible sanctions in all living units.

(7) Each program administrator must adopt procedures for implementing the requirements of this section.))The department:

(1) Will:

(a) Establish and maintain a behavior management system for young people for rule violations that include the following three tiered approach:

(i) Serious;

(ii) General; and

(iii) Low-level;

(b) Provide young people with one or more of the following interventions when they commit a rule violation in (a) of this subsection:

(i) Temporary loss of privileges;

(ii) Loss of program level and loss of points;

(iii) Reprimands, verbal, or written warnings;

(iv) Restorative interventions;

(v) Rehabilitative and therapeutic interventions;

(vi) Changes in security classification; or

(vii) Placement changes, including transferring to a different unit, JRD facility, or contracted facility;

(d) Refer young people to RVR hearings when serious rule violations are identified; and

(2) May:

(a) Conduct RVR hearings when young people have:

(i) Violated low-level or general rules; and

(ii) Aggravating factors are identified;

(b) Refer young people when they have committed general or serious rule violations to:

(i) Law enforcement;

(ii) Department of corrections for an infraction hearing; or

(iii) RRB hearings:

(A) When they meet the requirements outlined in:

(I) RCW 13.40.280; or

(II) RCW 72.01.410; or

(B) At their request; and

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0080Documenting ((and reporting))rule violations ((committed by juveniles in residential facilities)).

(((1) All serious violations and violations listed in WAC 388-730-0070(2) must be documented in an incident report. The incident report must include:

(a) Circumstances leading up to the violation(s);

(b) A description of the violation;

(d) Response by the juvenile(s) involved in the incident; and

(e) Sanctions imposed or recommended for the violation(s).

(2) Service providers must:

(a) Forward all incident reports to the JRA program administrator no later than twenty-four hours after the behavior is discovered; and

(b) Verbally report serious violations to the JRA program administrator immediately.))(1) The department will document all rule violations in WAC 388-730-0070 in an incident report or rule violation module.

(2) Contractors must document all serious rule violations and send to a JRD administrator.