PROPOSED RULES
SOCIAL AND HEALTH SERVICES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-08-084.
Title of Rule: Chapter 388-148 WAC, Licensing requirements for child 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 exposure to second-hand smoke, 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Reasons Supporting Proposal: Overall clarity, elimination of duplicative and out-of-date regulations, and effectiveness of the rules affecting foster homes, group care facilities and child-placing agencies will be achieved.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, Department of Social and Health Services.
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.
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:
| Clarifying the use of psychotropic drugs. | |
| Aligning the chapter with federal laws under the Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions Act of 1996. | |
| Clarifying the difference between licensing and certification. | |
| 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. | |
| Addition of the "awake staff" in group care 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. | |
| Expansion of the behavior management policy to include requiring training prior to the use of any physical restraint. | |
| Prohibiting smoking in any home or facility caring for children and in motor vehicles while transporting children. | |
| Clarification of capacity for foster homes allowing licensing for up to six foster children with the approval of the department. | |
| Have the same qualifications for the director, on-site program manager, and child care staff for all group care programs. | |
| Raising the minimum age of the licensee from eighteen to twenty-one years old. | |
| Raising the age of child care staff from eighteen to twenty-one years old, unless the person is nineteen or twenty and participation in an internship program with an accredited college or university. | |
| 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 gathered information in the small businesses in each region. A telephone survey was completed on those identified regarding changes in the rules. It was determined from the survey results that their costs would be minor. Therefore, only minor 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 public hearing will be conducted through Department of Information Services videoconference, on August 9, 2001, at 10:00 a.m.; DIS - Interactive Technologies, Yesterday's Village, The 15 West Yakima Avenue Building, 15 West Yakima Avenue, Suite 220, Yakima, WA 98902, (509) 454-7878; at Educational Service District (ESD) 112, 2500 N.E. 65th Avenue, Vancouver, WA 98661, (360) 750-7500; at 1107 S.W. Grady Way, Suite 112, Renton, WA 98055, (425) 277-7290; at DIS Interactive Technologies, 710 Sleater Kinney Road S.E., Suite Q, Lacey, WA 98504-2445, (360) 407-9487; at 8551 West Gage Boulevard, Suite H, Kennewick, WA 99336, (509) 734-7180; and at 1101 North Argonne, Suite 109, Spokane, WA 99201, (509) 921-2371.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by August 2, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail myercme@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 August 9, 2001.
Date of Intended Adoption: No sooner than August 10, 2001.
May 30, 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 01-14 issue of the Register.