Date of Adoption: November 27, 2000.

Purpose: Chapter 275-37 WAC, Juvenile rehabilitation administration -- Rules, practices and procedures, is being repealed and replaced by chapter 388-700 WAC, Juvenile rehabilitation administration -- Practices and procedures. The proposed rules are a result of DSHS/JRA reviewing and updating rules according to Executive Order 97-02. The rules have been written using a question and answer format. The rules update information on background checks and add new sections relating to sexual misconduct by JRA employees or contractors. The rules on sexual misconduct are being proposed to ensure the safety of juvenile offenders by prohibiting individuals who are employed or contracting with the department from having sexual intercourse or sexual contact with JRA youth. The rule describes the action the DSHS secretary must take when responding to situations of sexual misconduct by JRA employees or contractors. This rule also protects a person employed by the department or a contractor of the department from termination if they are forced against their will to have sexual intercourse or sexual contact with a JRA youth.

Citation of Existing Rules Affected by this Order: Chapter 275-37 WAC, repealing WAC 275-37-010, 275-37-020, and 275-37-030.

Statutory Authority for Adoption: RCW 13.40.570.

Adopted under notice filed as WSR 00-11-139 on May 23, 2000.

Changes Other than Editing from Proposed to Adopted Version: There were three changes made based on suggestions from the CR-102 process: Added language to WAC 388-700-0030 and 388-700-0040 to include reference to abuse and neglect reporting requirements to child protective services and law enforcement (chapter 26.44 RCW).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 10, Amended 0, Repealed 3.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 10, Amended 0, Repealed 3. Effective Date of Rule: Thirty-one days after filing.

November 27, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

     "Assistant secretary" means the assistant secretary of the juvenile rehabilitation administration.

     "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.

     "Contractor" means a department of social and health services (DSHS)/juvenile rehabilitation administration (JRA) contractor and all employees and all subcontractors of that contractor.

     "Department" means the department of social and health services.

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

     "JRA youth" or "juvenile" means a juvenile offender under the jurisdiction of JRA or a youthful offender under the jurisdiction of the department of corrections who is placed in a JRA facility.

     "Limited access" means supervised access to a juvenile(s) that is the result of the person's regularly scheduled activities or work duties.

     "Preponderance of the evidence" means a determination by the secretary that the alleged sexual misconduct more likely than not occurred, or an admission of sexual misconduct has been made.

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

     "Reasonable cause" means a reason that would motivate a person of ordinary intelligence under the circumstances to believe that an act of sexual misconduct may have occurred.

     "Regular access" means unsupervised access to a juvenile(s), for more than a nominal amount of time, that is the result of the person's regularly scheduled activities or work duties.

     "Secretary" means the secretary of the department of social and health services.

     "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

     "Sexual intercourse" has its ordinary meaning and:

     (1) Occurs upon any penetration, however slight; and

     (2) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and

     (3) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

     "Suspend" means to remove from unsupervised access to any JRA youth.

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     (1) Procedures must be established in order to investigate and determine suitability of a person in a position who will have regular access or limited access to juveniles.

     (2) Employees, volunteers or individual contracted service providers who are authorized for regular access do not require the presence of another person cleared through the designated background check process during the performance of their duties.

     (3) The presence of another person cleared through the designated background check process is required for people authorized to have limited access to juveniles.

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     (1) Any felony sex offense as defined in RCW 9.94A.030 and 9A.44.130;

     (2) Any crime specified in chapter 9A.44 RCW when the victim was a juvenile in the custody of or under the jurisdiction of JRA as stated in RCW 13.40.570; or

     (3) Any violent offense as defined in RCW 9.94A.030.

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     (1) Requirements of WAC 388-700-0010, 388-700-0015, and 388-700-0020 must be met by contracted service providers.

     (2) The contracted service provider or designee of an agency contracting with JRA for the provision of a community facility must ensure background check investigations are conducted according to department licensing requirements.

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     (2) A contract with a contractor who has had an employee who has been disqualified for employment based on a preponderance of evidence that he or she has had sexual intercourse or sexual contact with a JRA youth, must not be renewed until the secretary determines that significant progress has been made by the contractor to reduce the likelihood that any of its employees or subcontractors have sexual intercourse or sexual contact with a JRA youth.

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     The following sections of the Washington Administrative Code are repealed:

WAC 275-37-010	Definitions.
WAC 275-37-020	Rated bed capacity.
WAC 275-37-030	Background checks.

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