PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-08-084.
Title of Rule: Chapter 388-160 WAC, Overnight youth shelters.
Purpose: Clarify the language of the licensing requirements for overnight youth shelters. The rules also meet the intent of the Governor's Executive Order 97-02.
Statutory Authority for Adoption: RCW 74.15.030.
Statute Being Implemented: Chapter 74.15 RCW.
Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of the FBI fingerprinting places state statute and agency policy into WAC. The addition of the qualifications for the lead counselor section consolidates those requirements in one section rather [than] sprinkled throughout the chapter.
Reasons Supporting Proposal: Overall clarity, efficiency and effectiveness of the overnight youth shelter regulations 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.
Name of Proponent: Department of Social and Health Services, Children's Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-160-0125, this rule adds qualifications of a lead counselor. This rule more clearly defines the lead counselor responsibilities and places this requirement in one section rather [than] in several as they are currently.
WAC 388-160-0175, this rule adds FBI criminal history check for those individuals who have lived in the state less than three consecutive years prior to application.
The anticipated effect will be the overall clarification of the requirements of overnight youth shelters. The more clearly written question and answer format will be consistent with the changes being made in the licensing requirements for other group facilities for children and youth. It is anticipated there will be greater compliance with the rules and fewer corrective action plans needed as a result of the changes.
Proposal Changes the Following Existing Rules: The FBI criminal history check has been state statute and agency policy since 1995 and is now being codified. This will provide clarity and ease in locating rules that apply to providers regulated by this chapter.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not have an economic impact on small businesses. Overnight youth shelters are nonprofit organizations/agencies. No small business economic impact statement is required.
RCW 34.05.328 applies to this rule adoption. The proposed rule changes for chapter 388-160 WAC, Overnight youth shelters, are "significant legislative rules" as defined in RCW 34.05.328 and therefore require a cost benefit analysis (CBA). A copy of the CBA may be requested by contacting Jean L. Croisant at 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. Please contact Kelly Cooper, DSHS Rules Coordinator, at (360) 664-6094 for directions.
Assistance for Persons with Disabilities: Contact Kelly Cooper, 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 00-18 issue of the Register.