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: New WAC 388-160-0005 through 388-160-0665, overnight youth shelters and repealing WAC 388-160-010 through 388-160-560.
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. This notification is for a second hearing on the overnight youth shelter chapter. The language changes from the first hearing are the inclusion of RCW 74.15.125 allowing probationary licenses, the addition of two definitions (compliance agreement and full licensure), and an itemized list of first aide supplies. Additionally, several sections have been moved within the chapter.
Statutory Authority for Adoption: RCW 74.15.030.
Statute Being Implemented: RCW 74.15.030.
Summary: The clear language and format change will lead to overall clarification of the chapter. The addition of the FBI fingerprinting adds state statute and agency policy into WAC. The addition of the qualification for the lead counselor section consolidates those requirements in one section rather than sprinkled throughout the chapter.
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, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 388-160-0105, 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 388-160-0115, this rule raises the minimum age of child care staff from eighteen to twenty-one. It allows eighteen to twenty year olds to work or volunteer if they are enrolled in an internship program.
WAC 388-160-0145, this rule adds FBI fingerprinting check for those individuals who have lived in the state less than three consecutive years prior to application. This complies with RCW 74.15.030.
WAC 388-160-0385, prohibits smoking in the facility and while transporting youth. Lessens the exposure of youth to second-hand smoke and its harmful effects.
WAC 388-160-0405, itemizes first-aid supplies required. This rule is more specific than current language that requires first-aid supplies on hand. Gives providers guidance and clarification on what they are expected to have on hand.
WAC 388-160-0635, expands forbidden disciplinary practices and refers licensees to Children's Administration behavior management policy.
WAC 388-160-0665, adds requirement to document incidents of physical restraint used on youth in care. This rule is added to comply with Children's Administration behavior management policy.
The anticipated effect will be rules that are easier to understand, consistent with current policy of Children's Administration, and 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 standards for other group facilities for children and youth. It is anticipated there will be greater compliance with the rules as a result of the changes.
Proposal Changes the Following Existing Rules: Codifies the state statute of FBI criminal history checks that has been in policy since 1995. Codifies two sections of the behavior management policy. The ban on smoking within the facility or while transporting youth eliminates the use of "smoking rooms" for staff and others eighteen years old and older. Itemizing the first-aid supplies while not changing the intent of the current WAC will add a specific list of minimum supplies needed by the facility.
This will provide clarity and ease of 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, Children's Administration, P.O. Box 45710, Olympia, WA 98504-5710; (350) [(360)] 902-7992, or loje300@dshs.wa.gov.
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 26, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by June 21, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail 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 June 26, 2001.
Date of Intended Adoption: No sooner than June 27, 2001.
April 24, 2001
Brian H. Lindgren, 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 01-11 issue of the Register.