reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-61A - Domestic violence victim services and prevention efforts › COMPLIANCE WITH STANDARDS › Section 388-61A-1225 - May the department waive any of the minimum standards of this chapter?

Current through Register Vol. 24-14, July 15, 2024
Under certain conditions we may waive some of the rules
					 contained in this chapter.
(1) To
				  request a waiver you must submit a written request that:
(a) Clearly describes the minimum
				  standards(s) for which the waiver is requested;
(b) Describes the reason(s) why your program
				  is unable to meet the requirements of this chapter without the
				  waiver;
(c) Identifies whether
				  there are other resources or services that can adequately compensate for the
				  minimum standard(s) for which the waiver is requested;
(d) Demonstrates that granting of the waiver
				  will not jeopardize the safety or health of clients; and
(e) Shows that the absence of granting the
				  waiver will have a detrimental effect on the provision of services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-091 - Foster care planning for Indian children-Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of WACs 388-70-091, 388-70-092, 388-70-093,
				  388-70-095, 388-70-450, and 388-70-600 through 388-70-640, the term "Indian
				  child" is defined as any unmarried and unemancipated Indian person who is under
				  age eighteen and is one of the following:
(1) A member of an Indian tribe; or
(2) Is eligible for membership in an Indian
				tribe and is the biological child of a member of an Indian tribe.
Order 1167, § 388-70-091, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-092 - Foster care for Indian children-Tribal sovereignty

Current through Register Vol. 24-14, July 15, 2024
The licensing of Indian foster homes and placement and
				  supervision of Indian children within the boundaries of an Indian reservation
				  must not in any way abridge the sovereignty of an Indian nation or tribe .
				  Compliance with these rules and regulations does not relinquish the sovereign
				  authority of an Indian nation or tribe or the state of
				  Washington.
Order 1167, § 388-70-092, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-093 - Foster care for Indian children- Services

Current through Register Vol. 24-14, July 15, 2024
Documented efforts must be made to avoid separating the
				  Indian child from his or her parents, relatives, tribe or cultural heritage.
				  Consequently:
(1) When a family
				identifies Indian ancestry under the federal and state Indian child welfare
				acts, the children's administration (CA) caseworker has fifteen calendar days,
				or ten business days, from the date of identification to complete a family
				ancestry chart and begin the membership inquiry process. A copy of the family
				ancestry chart will be retained in the child's most current case file
				volume.
(2) CA staff will contact
				all identified federally recognized tribes in the case of Indian children being
				placed in foster care by the department or for whom the department has
				supervisory responsibility.
(3) If
				requested by a federally recognized tribe, or if a federally recognized tribe
				is unavailable the local Indian child welfare advisory committees (LICWAC) as
				defined under WAC
				388-70-600 will serve as resource
				persons for the purposes of cooperative planning and aid in
				placement.
(4) The resources of the
				tribal government, the Indian community, and the department must be used to
				locate the child's parents and relatives to assist in locating possible
				placement resources, and to assist in the development of a plan to overcome the
				problem that brought the child to the attention of the authorities, or the
				department, or both the authorities and the department.
(5) In planning foster care placements for
				Indian children, CA will follow the federal and state Indian child welfare acts
				with regard to placement preference. The case record must document the reasons
				and circumstances of casework decisions and consideration in those
				regards.
(6) CA, in partnership
				with federally recognized tribes and CA contracted agencies, will develop
				training for staff and caregivers designed to meet the needs of Indian children
				and their families. CA may also partner with urban Indian organizations, CA
				LICWACs, national, state and local Indian child welfare organizations, and
				Native American/Alaskan Native consultants.
(7) The CA must make diligent and ongoing
				efforts to recruit facilities and/or homes particularly capable of meeting the
				needs of Indian children.
Order 1167, § 388-70-093, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-095 - Serious injury, death, abandonment, child abuse, neglect, incarceration of an Indian child

Current through Register Vol. 24-14, July 15, 2024
When an Indian child in the care and custody of the
				  department dies, is seriously injured, abandoned or incarcerated, in addition
				  to other appropriate notifications, the department must notify the federally
				  recognized tribe or tribes within twenty-four hours.
Order 1255, § 388-70-095, filed 12/1/77; Order 1167,
					 § 388-70-095, filed 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-450 - Adoptive planning for Indian children by department staff

Current through Register Vol. 24-14, July 15, 2024
(1) In planning
				adoptive or pre-adoptive placements for Indian children under WAC
				388-70-091, CA will follow the
				federal and state Indian child welfare acts with regard to placement
				preference.
(2) An adoptive family
				must be considered Indian if one or both parents is:
(a) A member of a federally recognized tribe;
				or
(b) An Alaska Native and a
				member of a Regional Corporation as defined in
				Title
				43 U.S.C. Sec. 1606.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-600 - Local Indian child welfare advisory committee-Purpose

Current through Register Vol. 24-14, July 15, 2024
The intent of WAC
				  388-70-091,
				  388-70-092,
				  388-70-093,
				  388-70-095,
				  388-70-450, and
				  388-70-600 through
				  388-70-640 are to ensure
				  protection of the Indian identity of Indian children, their rights as Indian
				  children, and the maximum utilization of available Indian resources for Indian
				  children. To ensure the realization of this intent, information about each
				  current and future case involving Indian children for whom the department of
				  social and health services has a responsibility must be referred to a local
				  Indian child welfare advisory committee on an ongoing basis when a federally
				  recognized tribe has not responded, is unavailable, or requests LICWAC
				  involvement according to procedures which recognize the privacy rights of the
				  families.
The purposes of local Indian child welfare advisory
				  committees are:
(1) To promote social
				service planning for Indian children.
(2) To encourage the preservation of the
				Indian family, tribe, heritage, and identity of each Indian child served by the
				department of social and health services.
(3) To assist in obtaining participation by
				representatives of tribal governments and Indian organizations in departmental
				planning for Indian children for whom the department has a
				responsibility.
Order 1167, § 388-70-600, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-610 - Local Indian child welfare advisory committee-Membership

Current through Register Vol. 24-14, July 15, 2024
Local Indian child welfare advisory committees must be
				  established within each region. The number and locations of the local
				  committees must be mutually determined by the Indian tribal governments and
				  urban Indian organizations served by that region and the DSHS regional
				  administrator.
(1) The committee must
				consist of representatives designated by tribal government and urban Indian
				organizations. The regional administrator must appoint committee members from
				among those individuals designated by Indian authorities. These members should
				be familiar with and knowledgeable about the needs of children in general as
				well as the particular needs of Indian children residing in the service
				area.
(2) The committee may also
				include bureau of Indian affairs staff, Indian health service staff, and other
				community members.
(3) The CA
				regional administrator must appoint a member of his or her child welfare staff
				as a liaison member of the committee.
(4) The local Indian child welfare advisory
				committee is an ad hoc advisory committee not specifically authorized by
				statute. As such its members are not entitled to per diem and travel expenses
				for the performance of advisory committee functions.
Order 1167, § 388-70-610, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-620 - Local Indian child welfare advisory committee-Functions

Current through Register Vol. 24-14, July 15, 2024
The functions of the local Indian child welfare advisory
				  committee are to:
(1) Assist DSHS
				staff in cooperative planning for Indian children.
(2) Consult DSHS staff on behalf of Indian
				children, regarding the provision of the child's safety, well-being, and
				permanency on behalf of Indian children.
(3) Assist DSHS staff in providing culturally
				relevant services to Indian children; and
(4) Make requests to the CA administrator to
				initiate reviews of casework decisions that the committee believes to be
				detrimental to the best interests of Indian children.
Order 1167, § 388-70-620, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-630 - Local Indian child welfare advisory committee-Meetings

Current through Register Vol. 24-14, July 15, 2024
Each committee and the CA local Indian child welfare
				  advisory committee staff liaison will mutually agree as to time, place and
				  frequency and conduct of official committee meetings.
Order 1167, § 388-70-630, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DOMESTIC VIOLENCE › Chapter 388-70 - Child welfare services - Foster care - Adoption services - Services to unmarried parents › Section 388-70-640 - Local Indian child welfare advisory committee-Confidentiality

Current through Register Vol. 24-14, July 15, 2024
The members of the local Indian child welfare advisory
				  committee must agree to abide by
				  RCW
				   74.04.060 and the rules of confidentiality
				  binding the DSHS staff.
Statutory Authority:
					 RCW
					  74.15.030. 89-05-063 (Order 2743), §
					 388-70-640, filed 2/15/89; Order 1167, § 388-70-640, filed
					 10/27/76.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Section 388-71-0100 - What are the statutory references for WAC 388-71-0100 through 388-71-01281?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
The typographical error in
						the above section occurred in the copy filed by the agency and appears in the
						Register pursuant to the requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						34.05.020,
						74.08.090, 74.39A.050,
						chapter
						74.34 RCW. 04-19-136,
						§ 388-71-0100, filed 9/21/04, effective 10/22/04. Statutory Authority:
						RCW
						74.08.090,
						74.34.165, and 74.39A.050(9).
						00-03-029, § 388-71-0100, filed 1/11/00, effective
						2/11/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Section 388-71-0105 - What definitions apply to adult protective services?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
RCW
						34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules, and deems ineffectual
						changes not filed by the agency in this manner. The bracketed material in the
						above section does not appear to conform to the statutory
						requirement.
Statutory Authority:
						RCW
						34.05.020,
						74.08.090, 74.39A.050,
						chapter
						74.34 RCW. 04-19-136,
						§ 388-71-0105, filed 9/21/04, effective 10/22/04. Statutory Authority:
						RCW
						74.08.090,
						74.34.165, and 74.39A.050(9).
						00-03-029, § 388-71-0105, filed 1/11/00, effective 2/11/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part A - PROGRAM DESCRIPTION › Section 388-71-0110 - What is the purpose of an adult protective services investigation?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-0110, filed 9/21/04, effective 10/22/04. Statutory Authority:
						  RCW
						  74.08.090,
						  74.34.165, and 74.39A.050(9).
						  00-03-029, § 388-71-0110, filed 1/11/00, effective
						  2/11/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part A - PROGRAM DESCRIPTION › Section 388-71-0115 - When is an investigation conducted?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
RCW
						  34.05.395 requires the use of underlining and
						  deletion marks to indicate amendments to existing rules, and deems ineffectual
						  changes not filed by the agency in this manner. The bracketed material in the
						  above section does not appear to conform to the statutory
						  requirement.
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-0115, filed 9/21/04, effective 10/22/04. Statutory Authority:
						  RCW
						  74.08.090,
						  74.34.165, and 74.39A.050(9).
						  00-03-029, § 388-71-0115, filed 1/11/00, effective 2/11/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part A - PROGRAM DESCRIPTION › Section 388-71-01201 - What state-only funded services may be offered to a vulnerable adult victim of abandonment, abuse, financial exploitation, neglect or self-neglect?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-0121 (codified as WAC
						  388-71-01201 ), filed 9/21/04,
						  effective 10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01202 - When does the department make a substantiated initial finding of an individual used by a nursing facility or skilled nursing facility to provide services to vulnerable adults?

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01205 - When does APS notify the alleged perpetrator of a substantiated initial finding?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01205, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01210 - How may APS give the alleged perpetrator notice of the substantiated initial finding?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01210, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01215 - When is notice to the alleged perpetrator complete?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01215, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01220 - What proves that APS provided notice of the substantiated initial finding to the alleged perpetrator?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01220, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01225 - What information must not be in the APS finding notice to the alleged perpetrator?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01225, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01230 - Will APS notify anyone other than the alleged perpetrator of the substantiated initial finding of abandonment, abuse, financial exploitation or neglect?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01230, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01235 - Can an alleged perpetrator challenge a substantiated initial finding of abandonment, abuse, financial exploitation or neglect?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01235, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01240 - How does an alleged perpetrator request an administrative hearing to challenge a substantiated initial finding of abandonment, abuse, financial exploitation or neglect?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01240, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01245 - What laws and rules will control the administrative hearings held regarding substantiated initial findings?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01245, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01247 - What additional rules apply to administrative hearings held regarding substantiated initial findings made against a nursing assistant employed in a nursing facility or skilled nursing facility?

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01250 - How is confidential information protected in the appeal process?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
The typographical error in
						  the above section occurred in the copy filed by the agency and appears in the
						  Register pursuant to the requirements of
						  RCW
						  34.08.040.
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01250, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01255 - How does the administrative law judge make a decision regarding the substantiated initial finding?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01255, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01260 - When is the alleged perpetrator notified of the administrative law judge's decision?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01260, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01265 - What if the alleged perpetrator or the department disagrees with the decision?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01265, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01270 - What happens if the administrative law judge rules against the department?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01270, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01275 - When does the APS substantiated initial finding become a final finding?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01275, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01280 - Does the department disclose information about final findings of abuse, abandonment, neglect and financial exploitation?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						  RCW
						  34.05.020,
						  74.08.090, 74.39A.050,
						  chapter
						  74.34 RCW. 04-19-136,
						  § 388-71-01280, filed 9/21/04, effective
						  10/22/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT PROTECTIVE SERVICES › Part B - NOTIFICATION AND ADMINISTRATIVE APPEAL OF A SUBSTANTIATED FINDING › Section 388-71-01281 - To whom does the department report a final substantiated finding against a nursing assistant employed in a nursing facility or skilled nursing facility?

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0500 - What is the purpose of this section of the chapter?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0500, filed 12/20/12, effective 1/20/13; 05-11-082, § 388-71-0500,
						filed 5/17/05, effective 6/17/05. Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and
						74.39A.090. 02-21-098, §
						388-71-0500, filed 10/21/02, effective 11/21/02. Statutory Authority: Chapter
						74.39A RCW and 2000 c 121. 02-10-117, § 388-71-0500, filed 4/30/02,
						effective 5/31/02. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0500, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0500, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0503 - What definitions apply to WAC 388-71-0500 through WAC 388-71-05640?

Current through Register Vol. 24-14, July 15, 2024
"Agency provider"
means a long-term care
					 worker who works for a home care agency.
"Area agencies on aging (AAA)"
means a
					 contracted entity that aging and long-term support administration (ALTSA)
					 grants funds to in order to carry out the functions of the Older Americans Act,
					 general-fund state programs and to provide case management services and
					 supports to individuals 18 and older who receive medicaid-funded LTC in their
					 own homes.
"Applicant"
means a person who is in the
					 process of becoming an in-home long-term care worker.
"Background check"
means a name and date of
					 birth check, or a fingerprint-based background check, or both.
"Background check result"
is defined in WAC
					 388-113-0010.
"Background check central unit (BCCU)"
means
					 the DSHS entity responsible for conducting background checks for the
					 department.
"Character, competence, and suitability determination
					 (CC&S)"
is defined in WAC 388-113-0050.
"Client"
means an individual receiving
					 medicaid-funded in-home long term services from the department.
"Department"
means the department of social
					 and health services or its designees.
"Family member"
includes, but is not limited
					 to a parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandparent,
					 grandchild, grandniece, grandnephew, or such relatives when related by
					 marriage.
"Fingerprint-based background check"
means a
					 search of in-state criminal history records through the Washington state patrol
					 and national criminal history records through the Federal Bureau of
					 Investigation.
"Home care agency (HCA)"
means an entity that
					 is licensed by the department of health to provide home care services through a
					 contract arrangement with the department to clients in places of permanent or
					 temporary residence.
"Home care agency long-term care worker"
means
					 a long-term care worker who works for a home care agency.
"Long-term care worker"
means direct care
					 workers employed by home care agencies.
"Name and date of birth check"
is a search
					 conducted by the background check central unit (BCCU) of Washington state
					 criminal history and negative action records using the applicant's name and
					 date of birth.
"Negative actions"
are listed in WAC
					 388-113-0030.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0505 - Who hires and supervises an individual provider?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0505, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0505, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0505, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0510 - What are the qualifications of a LTC worker under this chapter?

Current through Register Vol. 24-14, July 15, 2024
In order to be qualified as a long-term care worker, an
					 applicant must:
(1) Not have a
				  disqualifying crime or negative action under chapter 388-113 WAC based on a
				  completed background check;
(2) Not
				  be disqualified based on a character, competence, and suitability
				  determination;
(3) Complete
				  training and certification requirements listed in WAC
				  388-71-0520
				  and WAC
				  388-71-0523;
				  and
(4) If required, have an active
				  home care aide certification or other qualifying credential by the department
				  of health.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0510, filed 12/20/12, effective 1/20/13. Statutory Authority: 2004 c 276
						§ 206(6)(b) and Townsend vs. DSHS, U.S. District Court, Western District
						of Washington, No. C 00-0944Z. 04-16-029, § 388-71-0510, filed 7/26/04,
						effective 8/26/04. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0510, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0510, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0511 - When is a background check required of an agency provider?

Current through Register Vol. 24-14, July 15, 2024
(1) Agency
				  providers are required to complete and pass a name and date of birth background
				  check prior to working with a client.
(2) Agency provider workers are required to
				  complete and pass a name and date of birth background check:
(a) Every two years; and
(b) Any time the home care agency employer
				  requests a new check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0512 - What is included in Washington state's name and date of birth background check and the Washington state and national fingerprint-based background check? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0512, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0513 - How does an agency provider complete a background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The agency provider must:
(a) Complete the background check
				  authorization form;
(b) Answer all
				  questions on the background check authorization form truthfully;
(c) Obtain a fingerprint-based background
				  check result;
(d) Not have any
				  automatically disqualifying conviction(s), pending charge(s), or negative
				  action(s) as described in chapter 388-113 WAC;
(e) Review the background check results and
				  if necessary provide documents or other information to BCCU to correct the
				  background check results; and
(f)
				  When requested by BCCU, provide additional information in order to complete a
				  background check as mandated by statute.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0514 - Can an individual provider or licensed home care agency long-term care worker work pending the outcome of the national fingerprint-based background check? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0514, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0515 - What are the responsibilities of an individual provider when providing services to a client?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
The typographical error in
						the above section occurred in the copy filed by the agency and appears in the
						Register pursuant to the requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0515, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						2009 c
						571 , and Washington state 2009-11 budget, section
						206(17). 10-06-112, § 388-71-0515, filed 3/3/10, effective 4/3/10.
						Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0515, filed 5/17/05, effective 6/17/05. Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and
						74.39A.090. 02-21-098, §
						388-71-0515, filed 10/21/02, effective 11/21/02. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0515, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0515, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0516 - What are the responsibilities of home care agency when providing care to a client?

Current through Register Vol. 24-14, July 15, 2024
In providing care to a client, a home care agency
					 must:
(1) Ensure that the assigned
				  home care agency long-term care worker(s) understands the client's plan of care
				  that is signed by the client or legal representative, and which may be
				  translated or interpreted, as necessary for the client;
(2) Provide tasks from services outlined in a
				  client's plan of care, as described in WAC
				  388-106-0010;
(3) Accommodate the client's individual
				  preferences and unique needs in providing care;
(4) Contact the client, client's
				  representative and case manager when there are changes observed by the assigned
				  home care agency long-term care worker that affect the personal care and other
				  tasks listed on the plan of care;
(5) Ensure that the assigned home care agency
				  long-term care worker(s) observes the client for and consults with the client
				  or representative, regarding change(s) in health, takes appropriate action, and
				  responds to emergencies;
(6) Notify
				  the case manager immediately when the client enters a hospital, or moves to
				  another setting;
(7) Notify the
				  case manager immediately in the event of the client's death;
(8) Notify the department or AAA immediately
				  when unable to staff/serve the client;
(9) Notify the department or AAA when the
				  home care agency will no longer provide services and the home care agency must:
(a) Give at least two weeks' notice;
				  and
(b) Notify the client or the
				  client's representative in writing; and
(c) Notify the case manager.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0517 - What are the responsibilities of a home care agency when the home care agency long-term care worker is a family member of the client and the client is receiving in-home medicaid-funded personal care or respite services?

Current through Register Vol. 24-14, July 15, 2024
A home care agency must not bill the department for in-home
					 medicaid-funded personal care or respite services when the agency employee
					 providing care is a family member of the client served, unless approved to do
					 so by the department or exempt as provided in
					 RCW
					 74.39A.326.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0517, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0520 - What are the training requirements for a home care agency long-term care worker?

Current through Register Vol. 24-14, July 15, 2024
A home care agency long-term care worker, hired on or
					 after January 7, 2012, must meet the training requirements described in WAC
					 388-71-0836
					 through
					 388-71-1006.
					 These training requirements also apply to home care agency long-term care
					 workers who were hired before January 7, 2012, if they did not complete prior
					 training requirements within 120 days of hire and they want to be reinstated to
					 work as a long term care worker. These training requirements and certification,
					 if required, must be met prior to reinstating these individuals to work as a
					 long term care worker.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0520, filed 12/20/12, effective 1/20/13. Statutory Authority: 2008 c
						146, RCW
						18.20.090,
						74.08.090, chapter 70.128 RCW.
						09-03-066, § 388-71-0520, filed 1/14/09, effective 2/14/09. Statutory
						Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0520, filed 5/17/05, effective 6/17/05. Statutory Authority: RCW
						74.39A.050, 2003 c 140, chapters 18.79, 18.88A RCW. 04-02-001, §
						388-71-0520, filed 12/24/03, effective 1/24/04. Statutory Authority: Chapter
						74.39A RCW and 2000 c 121. 02-10-117, § 388-71-0520, filed 4/30/02,
						effective 5/31/02. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0520, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0540 - When will the department reject your choice of individual provider?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
RCW
						34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules. The rule published
						above varies from its predecessor in certain respects not indicated by the use
						of these markings.
The typographical error in the above section occurred in
						the copy filed by the agency and appears in the Register pursuant to the
						requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0540, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						2009 c
						571 , and Washington state 2009-11 budget, section
						206(17). 10-06-112, § 388-71-0540, filed 3/3/10, effective 4/3/10.
						Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 07-24-026, §
						388-71-0540, filed 11/28/07, effective 1/1/08. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-71-0540, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0540, filed 5/17/05, effective 6/17/05. Statutory Authority: Chapter
						74.39A RCW and 2000 c 121. 02-10-117, § 388-71-0540, filed 4/30/02,
						effective 5/31/02. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0540, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0540, filed 1/13/00, effective 2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-05415 - When will the department deny payment to the home care agency?

Current through Register Vol. 24-14, July 15, 2024
The department will deny payment to the home care agency
					 for services provided to a department client by an agency provider that it
					 employs who:
(1) Does not meet the
				  qualifications in WAC
				  388-71-0510;
				  or
(2) Is a family member of the
				  client served, except as provided by 74.39A.326.