Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-145 - Licensing requirements for group care facilities › PURPOSE AND DEFINITIONS › Section 110-145-1305 - What definitions do I need to know to understand this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following words and terms are for the purpose of this
				  chapter and are important to understand these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual
				  exploitation, negligent treatment or maltreatment of a child as defined in
				  RCW
				    26.44.020.
"Adult" means a person 18 years old or older, not in the care
				  of the department.
"Agency" is defined in
				  RCW
				    74.15.020(1).
"Asexual" means the lack of a sexual attraction or desire for
				  other individuals.
"Assessment" means the appraisal or evaluation of a child's
				  physical, mental, social and emotional condition.
"Bisexual" means individuals who have an emotional or
				  physical attraction to individuals of the same and different genders.
"Business hours" means hours during the day in which state
				  business is commonly conducted. Typically, the hours between 9 a.m. and 5 p.m.
				  on weekdays are considered to be standard hours of operation.
"Capacity" means the age range and maximum number of children
				  on your current license.
"Care provider" means any person who is licensed or
				  authorized to provide care for children and cleared to have unsupervised access
				  to children under the authority of a license.
"Case manager" means a facility employee who coordinates the
				  planning efforts of all the persons working on behalf of a child.
"Case plan" means a written document adhered to and followed
				  by a foster child's parents, foster parents, the department, and all other
				  caregivers. A case plan may include, but is not limited to:
(a) A description of the type of home or facility in which a
				  child is to be placed, including a discussion of the safety and appropriateness
				  of the placement and how the department plans to carry out the voluntary
				  placement agreement entered into or judicial determination made with respect to
				  the child;
(b) A plan for assuring that the child receives safe and
				  proper care and that services are provided to the child, parents or guardians,
				  and foster parents in order to improve the conditions in the parents' home,
				  facilitate returning the child to their own home or the permanent placement of
				  the child, and address the needs of the child while in foster care, including a
				  discussion of the appropriateness of the services that have been provided to
				  the child under the plan;
(c) The health and education records of the child, including
				  the most recent information available regarding:
(i) The names and addresses of the child's health and
				  educational providers;
(ii) The child's grade level performance;
(iii) The child's school records;
(iv) A record of the child's immunizations;
(v) The child's known medical conditions;
(vi) The child's medications; and
(vii) Any other relevant health and education information
				  concerning the child determined to be appropriate by the department;
(d) Relevant professional assessments of the child;
(e) Court orders concerning the child; and
(f) Any other relevant plan, assessment, knowledge, material,
				  or information concerning the child determined to be appropriate by the
				  department.
"Chapter" means chapter 110-145 WAC.
"Child," "children," or "youth" for this chapter, means a
				  person who is one of the following:
(a) Under 18 years old;
(b) Up to 21 years of age and enrolled in services through
				  the department of social and health services developmental disabilities
				  administration (DDA) the day prior to their 18th birthday and pursuing either a
				  high school or equivalency course of study, such as a GED or HSEC, or
				  vocational program;
(c) Up to 21 years of age and participates in the extended
				  foster care program;
(d) Up to 21 years of age with intellectual and developmental
				  disabilities;
(e) Up to 25 years of age and under the custody of juvenile
				  rehabilitation.
"Child placing agency (CPA)" means an agency licensed to
				  place children for temporary care, continued care, or adoption.
"Compliance agreement" means a written improvement plan to
				  address the changes needed to meet licensing requirements.
"CW" means the division of child welfare within DCYF. CW
				  provides case management to children and families involved in the child welfare
				  system.
"Day treatment" is a specialized service that provides
				  educational and therapeutic group experiences for emotionally disturbed
				  children.
"DDA" means the developmental disabilities administration in
				  the department of social and health services. DDA provides services and case
				  management to children and adults who meet the eligibility criteria.
"Deescalation" means strategies used to defuse a volatile
				  situation, to assist a child to regain behavior control, and to avoid a
				  physical restraint or other behavioral intervention.
"Department" means the department of children, youth, and
				  families (DCYF).
"Developmental disability" is a disability as defined in
				  RCW
				    71A.10.020.
"Direct care" means direct, hands-on personal care and
				  supervision to group care children.
"DOH" means the department of health.
"Electronic monitoring" means video or audio monitoring or
				  recording used to watch or listen to children as a way to monitor their
				  behavior.
"Emergency respite center (ERC)" means a licensed facility
				  that may be commonly known as a crisis nursery, which provides emergency or
				  crisis care for nondependent children birth through 17 years for up to 72 hours
				  to prevent child abuse or neglect per
				  RCW
				    74.15.020(d). ERCs may
				  choose to be open up to 24 hours a day, seven days a week. Facilities may also
				  provide family assessment, family support services, and referrals to community
				  services.
"FBI" means the Federal Bureau of Investigation.
"Full-time" as used throughout this chapter when describing
				  work experience means a minimum of 1,664 work hours in a calendar year or the
				  equivalent of 32 work hours per week.
"Gay" means a sexual orientation to describe individuals who
				  are emotionally or physically attracted to someone of the same gender. Gay is
				  sometimes an umbrella term for the LGBTQIA+ community.
"Gender" or "gender identity" means an individual's inner
				  sense of being a female, male, a blend of both or neither, or another gender.
				  This may or may not correspond with an individual's sex assigned at
				  birth.
"Gender expression" means individuals' outward communication
				  of their gender through behavior or appearance. This may or may not conform to
				  their sex assigned at birth or socially defined behaviors and characteristics
				  typically associated with being either masculine or feminine.
"Gender fluid" means individuals whose gender identities are
				  flexible, not permanent.
"Group care" is a general term for a licensed facility that
				  is maintained and operated for a group of children on a 24-hour basis to
				  provide a safe and healthy living environment that meets the developmental
				  needs of the children in care, per
				  RCW
				    74.15.020(1)(f).
"Group home" is a specific license for residential care that
				  provides care and supervision for children.
"Group receiving center" means a licensed facility that
				  provides the basic needs of food, shelter, and supervision for children placed
				  by the department, generally for 30 or fewer days.
"Guardian" has the same meaning in this chapter as defined in
				  RCW
				    26.33.020(11).
"Guns or weapons" means any device intended to shoot
				  projectiles under pressure or that can be used to attack. These include, but
				  are not limited to, BB guns, pellet guns, air rifles, stun guns, antique guns,
				  handguns, rifles, shotguns, and archery equipment.
"Health care staff" means anyone providing qualified medical
				  consultation to your staff or medical care to the children in your care.
"Hearing" means the administrative review process conducted
				  by an administrative law judge.
"I, my, you, and your" refers to an applicant for a license
				  issued under this chapter, and to any party holding a license under this
				  chapter.
"Infant" means a child less than 12 months of age.
"Intellectual and developmental disability" means children
				  with deficits in general mental abilities and impairment in everyday adaptive
				  functioning.
"Interim facility" means an overnight youth shelter,
				  emergency respite center or a resource and assessment center.
"Intersex" is an umbrella term used to describe a wide range
				  of natural bodily variations when the body is born with a combination of
				  chromosomes, internal organs, or external genitalia that do not develop as
				  expected.
"Lesbian" means females or women who have an emotional or
				  physical attraction for other females or women.
"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer
				  or questioning, intersex, and asexual. The "+" represents identities not
				  specifically named in the LGBTQIA acronym, e.g., pansexual, gender nonbinary,
				  and Two-Spirit.
"License" means a permit issued by us that your facility
				  meets the licensing standards established in this chapter.
"Licensed health care provider" means an MD (medical doctor),
				  DO (doctor of osteopathy), ND (doctor of naturopathy), PA (physician's
				  assistant), or an ARNP (advanced registered nurse practitioner).
"Licensing division (LD)" means the division within DCYF that
				  licenses and monitors foster homes, child placing agencies, and licensed group
				  care facilities.
"Licensing provider portal" means the internet connected
				  provider application system used by the department and agencies to securely
				  store digital employment and licensing documents and data.
"Local fire authority" means your local fire inspection
				  authority having jurisdiction in the area where your facility is
				  located.
"Maternity service" as defined in
				  RCW
				    74.15.020. These are also referred to as
				  pregnant and parenting youth programs.
"Medically fragile" means the condition of a child who
				  requires the availability of 24-hour skilled care from a health care
				  professional or specially trained staff or volunteers in a group care setting.
				  These conditions may be present all the time or frequently occurring. If the
				  technology, support, and services being received by the medically fragile
				  children are interrupted or denied, the child may, without immediate health
				  care intervention, experience death.
"Missing child" means any child less than 18 years of age in
				  licensed care or under the care, custody, and authority of DCYF and the child's
				  whereabouts are unknown, the child has left care without the permission of the
				  child's caregiver or DCYF, or both. This does not include children in a
				  dependency guardianship.
"Multidisciplinary teams (MDT)" means groups formed to assist
				  children who are considered at-risk children in need of services, and their
				  parents.
"Negative action" means a court order, court judgment, or
				  adverse action taken by an agency, in any state, federal, local, tribal, or
				  foreign jurisdiction, that results in a finding against the applicant
				  reasonably related to the individual's suitability, and competence to care for
				  or have unsupervised access to children in out-of-home care. This may include,
				  but is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an
				  agency following an investigation;
(c) An adverse licensing action, including termination,
				  revocation, or denial of a license or certification, or if there is a pending
				  adverse action, the voluntary surrender of a license, certification, or
				  contract in lieu of an adverse action;
(d) A revocation, denial, or restriction placed on any
				  professional license; or
(e) A final decision of a disciplinary board. "Nonambulatory"
				  means not able to walk or exit to safety without the physical assistance of
				  another individual.
"Nonbinary" is a term of self-identification for individuals
				  who do not identify within the limited and binary terms that have described
				  gender identity, e.g., female and male. Nonbinary is also an umbrella term for
				  many identities such as gender expansive, gender fluid, and genderqueer.
" Out-of-home placement" means a child's placement in a home
				  or facility other than the child's parent, guardian, or legal custodian.
"Overnight youth shelter" means a licensed nonprofit agency
				  that provides overnight shelter to homeless or runaway youth in need of
				  emergency sleeping arrangements.
"Parent" has the same meaning in this chapter as defined in
				  RCW
				    26.26A.010(15).
"Probationary license" means a license issued as part of a
				  corrective action to an individual or agency that has previously been issued a
				  full license but is out of compliance with minimum licensing requirements and
				  has entered into an agreement aimed at correcting deficiencies.
"Property or premises" means a facility's buildings and
				  adjoining grounds that are managed by a person or agency in charge.
"Psychotropic medication" means a type of medicine that is
				  prescribed to affect or alter thought processes, mood, sleep, or behavior.
				  These include antipsychotic, antidepressant, and antianxiety
				  medications.
"Queer" is a term used to express LGBTQIA+ identities and
				  orientations. The term is sometimes used as an umbrella term for all LGBTQIA+
				  individuals.
"Questioning" means individuals who are exploring their
				  sexual orientation, gender identity, or gender expression at any age.
"Relative" means a person who is related to a child under
				  RCW
				    74.15.020.
"Resource and assessment center" means an agency that
				  provides short-term emergency and crisis care for a period up to 72 hours,
				  (excluding Saturdays, Sundays, and holidays) to children who have been removed
				  from their parent's or guardian's care by child protective services or law
				  enforcement.
"Secure crisis residential center" means a licensed facility
				  open 24 hours a day, seven days a week that provides temporary residential
				  placement, assessment and services in a secure facility to prevent youth from
				  leaving the facility without permission, per
				  RCW
				    13.32A.030(15).
"Semi-secure crisis residential center" means a licensed
				  facility open 24 hours a day, seven days a week that provides temporary
				  residential placement, assessment and services for runaway youth and youth in
				  conflict with their family or in need of emergency placement.
"Sexual orientation" means an individual's emotional or
				  physical attraction to other individuals.
"SOGIE" is an acronym for sexual orientation, gender
				  identity, and expression which are distinct identifiers everyone has. LGBTQIA+
				  is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as
				  well as heterosexual, cisgender, and nonquestioning individuals.
"Staff" or "staff member" means a person who provides
				  services for your facility and is paid by your facility. The definition of
				  staff member includes paid interns.
"Staffed residential home" means a licensed facility that
				  provides 24-hour care to six or fewer children who require more supervision
				  than can be provided in a foster home.
"Transgender" is an umbrella term for individuals whose
				  gender identity or expression is different from cultural expectations based on
				  the sex they were assigned at birth. Gender-affirming medical care is not a
				  prerequisite to identify as transgender. Being transgender does not imply any
				  specific sexual orientation.
"Treatment plan" means individual plans that identify the
				  service needs of the child, including the child's parent or guardian, and
				  identifies the treatment goals and strategies for achieving those goals.
"Two-Spirit" means a modern, pan-indigenous, umbrella term
				  used by some indigenous North Americans to describe Native people in their
				  communities who fulfill a traditional third-gender or other gender-variant,
				  ceremonial, and social role in their cultures. Being Two-Spirit does not imply
				  any specific sexual orientation.
"Volunteer" means a person who provides services for your
				  facility without compensation.
"Washington state patrol fire protection bureau(WSP/ FPB)"
				  means the state fire marshal.
"We, our, and us" refers to DCYF and its staff.
"Young child" refers to a child age 12 months through eight
				  years old.
Statutory Authority:
					 RCW
					   74.15.010,
					 74.15.030,
					 74.15.040,
					 74.15.090,
					 74.13.031,
					 74.39A.056,
					 43.43.832.
					 WSR 18-11-138, §
											388-145-1305,
					 filed 5/23/18, effective 6/23/18. Statutory Authority:
					 RCW
					   74.15.010,
					 74.15.030,
					 74.15.040,
					 74.15.090,
					 74.13.031,
					 and P.L.
					 113-183. WSR 16-17-101, §
											388-145-1305,
					 filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13
					 RCW,
					 RCW
					   74.15.030(2),
					 74.15.311(2),
					 74.13.032,
					 13.04.011,
					 74.13.020,
					 13.34.030,
					 74.13.031,
					 13.34.145,
					 74.15.311,
					 74.15.030,
					 and 2013 c 105. WSR 15-01-069, §
											388-145-1305,
					 filed 12/11/14, effective 1/11/15.