WASHINGTON STATE REGISTER

WSR 00-17-133

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed August 21, 2000, 10:28 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-084.

Title of Rule: Chapter 388-148 WAC, Licensing requirements for foster homes, group care programs/facilities and agencies.

Purpose: Clarify the language of the licensing requirements for foster homes, group care programs/facilities and child-placing agencies licensed by Children's Administration, DSHS. The chapter incorporates changes in state and federal law, Children's Administration policy and current practice.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: Change in the format and organization adds to clarity. The major changes have to do with strengthening health and safety requirements regarding smoking, water hazards, psychotropic medications, securing a child's belongings, increasing staffing during sleeping hours in group care facilities, raising the age of child care staff, changing language to comply with changes in federal legislation.

Reasons Supporting Proposal: Overall clarity, elimination of duplicative and out-of-date regulations, and effectiveness of the rules affecting foster homes, group care facilities and child-placing agencies will be achieved.

Name of Agency Personnel Responsible for Drafting and Implementation: Jean L. Croisant, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992; and Enforcement: Division of Licensed Resources, Office of Foster Care Licensing, Children's Administration, DSHS.

Name of Proponent: Department of Social and Health Services, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the chapter is to define the minimum general and specific licensing requirements for foster homes, staffed residential homes, group facilities and child-placing agencies. Foster homes and group care facilities must be regulated to ensure that children experience safe and healthy care while in out-of-home placement.

аааа The anticipated effect will be the overall clarification of the requirements licensing foster homes, group care facilities and child-placing agencies. The more clearly written question and answer format will improve understanding of the rules and consistency of interpretation of the WAC chapter. It is anticipated there will be greater compliance with the rules, more effective monitoring, and fewer corrective action plans needed as a result of the changes.

Proposal Changes the Following Existing Rules: Some of the changes are as follows:

Х Clarifying the use of psychotropic drugs.

Х Aligning the chapter with federal laws under the Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions Act of 1996.

Х Clarifying the difference between licensing and certification.

Х Requiring a child's belongings to be secured for up to thirty days when a child leaves a home or facility, which allows time for the child's personal belongings to be moved to the new placement.

Х Addition of the "awake staff" in settings where there are more than six children in care; or the focus of the program is behavioral in nature rather than transitional living or when the child's behavior is a risk.

Х Expansion of the behavior management policy to include requiring training prior to the use of any physical restraint.

Х Prohibiting smoking in any home or facility caring for children and in motor vehicles while transporting children.

Х Clarification of capacity for foster homes allowing licensing for up to six foster children with the approval of the department.

Х Have the same qualifications for the director, on-site program manager, and child care staff for all group care programs.

Х Raising the minimum age of the licensee from eighteen to twenty-one years old.

Х Raising the age of child care staff from eighteen to twenty-one years old, unless the person is nineteen or twenty and participating in an internship program with an accredited college or university.

Х Reducing the capacity for respite care to comply with the general foster home licensed capacity.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Children's Administration only licenses one small business, Shamrock Acres, which is a group home. In a discussion with this small business, it has observed that Shamrock Acres already more than meets the requirements of the proposed changes of this chapter. Therefore, no new costs will be imposed on small businesses affected by these changes. The preparation of a comprehensive small business economic impact statement is not required.

RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-148 WAC, Licensing requirements for foster homes, group care programs/facilities and agencies, are "significant legislative rules" as defined in RCW 34.05.325 and therefore require a cost benefit analysis (CBA). A copy of the CBA may be requested by contacting Jean L. Croisant, at the Division of Program and Policy Development, Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710, (360) 902-7992 or loje300@dshs.wa.gov.

Hearing Location: The hearing will be conducted using Washington Interactive Technologies' videoconferencing service. There will be four sites available for simultaneous hearing: SPOKANE, 1101 North Argonne, Suite 109, Spokane, WA 99201, (509) 921-2371; RENTON, 1107 S.W. Grady Way, Suite 112, Renton, WA 98055, (425) 277-7290; TRICITIES, 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336, (509) 734-7180; and LACEY, DIS Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98504, (360) 407-9487; on October 26, 2000, at 1:30 p.m. Please contact Kelly Cooper, DSHS Rules Coordinator, at (360) 664-6094 for directions.

Assistance for Persons with Disabilities: Contact DSHS Rules Coordinator by October 19, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@dshs.wa.gov [coopekd@dshs.wa.gov].

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 26, 2000.

Date of Intended Adoption: No sooner than October 27, 2000.

August 18, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-19 issue of the Register.

Х	Clarifying the use of psychotropic drugs.
Х	Aligning the chapter with federal laws under the Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions Act of 1996.
Х	Clarifying the difference between licensing and certification.
Х	Requiring a child's belongings to be secured for up to thirty days when a child leaves a home or facility, which allows time for the child's personal belongings to be moved to the new placement.
Х	Addition of the "awake staff" in settings where there are more than six children in care; or the focus of the program is behavioral in nature rather than transitional living or when the child's behavior is a risk.
Х	Expansion of the behavior management policy to include requiring training prior to the use of any physical restraint.
Х	Prohibiting smoking in any home or facility caring for children and in motor vehicles while transporting children.
Х	Clarification of capacity for foster homes allowing licensing for up to six foster children with the approval of the department.
Х	Have the same qualifications for the director, on-site program manager, and child care staff for all group care programs.
Х	Raising the minimum age of the licensee from eighteen to twenty-one years old.
Х	Raising the age of child care staff from eighteen to twenty-one years old, unless the person is nineteen or twenty and participating in an internship program with an accredited college or university.
Х	Reducing the capacity for respite care to comply with the general foster home licensed capacity.

й Washington State Code Reviser's Office