reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-325 - What are the required skills and abilities for individuals and agencies contracted to provide community first choice services, medicaid personal care, respite care, or attendant care services? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-325, filed 1/6/10, effective 2/6/10. Statutory Authority: RCW 71A.12.30
						[71A.12.030] and Title 71A RCW. 07-23-062, § 388-825-325, filed 11/16/07,
						effective 12/17/07. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-325, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-330 - What is required for agencies to provide community first choice services, medicaid personal care, or respite services?

Current through Register Vol. 24-14, July 15, 2024
(1) To provide community first choice
				  services, medicaid personal care, or respite services a home care agency must
				  be:
(a) Contracted with DSHS to provide the
				  service; and
(b) Licensed as a home
				  care agency or home health agency through the department of health under
				  chapter 246-335 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-335 - Is a background check required of a long-term care worker employed by a home care agency licensed by the department of health?

Current through Register Vol. 24-14, July 15, 2024
(1) In order to be a long-term care worker
				  employed by a home care agency , a person must:
(a) Complete the required DSHS form
				  authorizing a background check.
(b)
				  Disclose any disqualifying criminal convictions and pending charges as listed
				  in chapter 388-113 WAC, and also disclose civil adjudication proceedings and
				  negative actions as those terms are defined in WAC
				  388-71-0512.
(c) Effective January 8, 2012, be screened
				  through Washington state's name and date of birth background check,
				  (Preliminary results may require a thumb print for identification purposes);
				  and
(d) Effective January 8, 2012,
				  be screened through the Washington state and national fingerprint-based
				  background check, as required by
				  RCW
				  74.39A.056.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-340 - Can a provider deliver respite services in the provider's home?

Current through Register Vol. 24-14, July 15, 2024
(1) A provider may
				  deliver respite services in the provider's home if the provider is related to
				  the client.
(2) If the provider is
				  not related to the client, respite services must be delivered in an
				  appropriately licensed home.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-340, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-340, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-345 - What "related" providers are exempt from licensing?

Current through Register Vol. 24-14, July 15, 2024
(1) Relatives of a
				  specified degree are exempt from the licensing requirement and may provide
				  out-of-home respite in their home.
(2) Relatives of specified degree include
				  parents, grandparents, brother, sister, stepparent, stepbrother, stepsister,
				  uncle, aunt, first cousin, niece or nephew.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-345, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-355 - What are the training requirements for individuals providing respite care, attendant care, community first choice, or personal care services?

Current through Register Vol. 24-14, July 15, 2024
The training and certification requirements for
					 individuals who provide personal care or community first choice services are
					 listed in chapter 388-71 WAC.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-355, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-355, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-360 - How does an individual terminate employment as a provider?

Current through Register Vol. 24-14, July 15, 2024
State law makes it a crime to abandon a vulnerable adult.
					 "Abandon" means leaving a person without the means or ability to obtain any of
					 the basic necessities of life.
(1) If
				  an individual wishes to "quit" or terminate employment as a provider, the
				  individual must:
(a) Give at least two weeks'
				  notice;
(b) Notify the client or
				  the client's representative in writing; and
(c) Notify the client's case
				  manager.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-365 - Are providers expected to report abuse, neglect, exploitation or financial exploitation?

Current through Register Vol. 24-14, July 15, 2024
Providers must report any abuse or suspected abuse
					 immediately to child protective services, adult protective services or local
					 law enforcement and make a follow-up call to the person's case
					 manager.
Statutory Authority:
						RCW
						71A.12.030 and
						71A.12.040. 10-02-101, §
						388-825-365, filed 1/6/10, effective 2/6/10. Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-365, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-370 - What are the responsibilities of an individual or home care agency when employed to provide respite care, attendant care, or personal care services to a client?

Current through Register Vol. 24-14, July 15, 2024
An individual or home care agency employed to provide
					 respite care, attendant care, or personal care services must:
(1) Understand the client's individual
				  service plan or plan of care that is signed by the client or legal
				  representative and social worker/case manager, and translated or interpreted,
				  as necessary, for the client and the provider;
(2) Provide the services as outlined on the
				  client's service plan, within the scope of practice in WAC 388-71-0215 and
				  388-71-0230;
(3) Accommodate
				  client's individual preferences and differences in providing care, within the
				  scope of the service plan;
(4)
				  Contact the client's representative and case manager when there are changes
				  which affect the personal care and other tasks listed on the service
				  plan;
(5) Observe the client for
				  change(s) in health, take appropriate action, and respond 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 if the client dies;
(8) Notify the department immediately when
				  unable to staff/serve the client; and
(9) Notify the department when the individual
				  or home care agency will no longer provide services. Notification to the
				  client/legal guardian must:
(a) Give at least
				  two weeks' notice, and
(b) Be in
				  writing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-375 - When will the department deny payment for services?

Current through Register Vol. 24-14, July 15, 2024
(1) The department will deny payment to the
				  consumer-directed employer under WAC
				  388-115-05415.
(2) The department will deny payment to a
				  home care agency provider under WAC
				  388-71-05415.
(3) Under
				  RCW
				  74.39A.326, the department will deny payment
				  for the services of a home care agency providing respite or personal care if
				  the provider is your family member unless:
(a) You are an enrolled member of a federally
				  recognized Indian tribe; or
(b) You
				  reside in the household of an enrolled member of a federally recognized Indian
				  tribe.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-380 - When may the department reject the client's choice of an individual respite care, attendant care or personal care provider?

Current through Register Vol. 24-14, July 15, 2024
The department may reject a client's request to have a
					 family member or other person serve as his or her individual respite care,
					 attendant care or personal care provider if the case manager has a reasonable,
					 good faith belief that the person will be unable to appropriately meet the
					 client's needs. Examples of circumstances indicating an inability to meet the
					 client's needs could include, without limitation:
(1) Evidence of alcohol or drug
				  abuse;
(2) Evidence of a
				  conviction, pending charge, or negative action described in WAC
				  388-825-0640.
(3) A reported
				  history of domestic violence, no-contact orders, or criminal conduct (whether
				  or not the conduct is automatically disqualifying under
				  RCW
				  43.43.830,
				  43.43.842 or chapter 388-113
				  WAC);
(4) A report from the
				  client's health care provider or other knowledgeable person that the requested
				  provider lacks the ability or willingness to provide adequate care;
(5) Other employment or responsibilities that
				  prevent or interfere with the provision of required services;
(6) Excessive commuting distance that would
				  make it impractical to provide services as they are needed and outlined in the
				  client's service plan.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-380, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-385 - When may the department terminate an individual respite care, attendant care, or personal care provider's contract?

Current through Register Vol. 24-14, July 15, 2024
The department may take action to terminate an individual
					 respite care, attendant care, or personal care provider's contract if the
					 provider's inadequate performance or inability to deliver quality care is
					 jeopardizing the client's health, safety, or well-being. Examples of
					 circumstances indicating jeopardy to the client include:
(1) Evidence of a conviction, pending
				  charges, or negative actions described in WAC
				  388-825-640;
(2) Using or being under the influence of
				  alcohol or illegal drugs during working hours;
(3) Other behavior directed toward the client
				  or other persons involved in the client's life that places the client at risk
				  of harm;
(4) A report from the
				  client's health care provider that the client's health is negatively affected
				  by inadequate care;
(5) A complaint
				  from the client or client's representative that the client is not receiving
				  adequate care;
(6) The absence of
				  essential interventions identified in the service plan, such as medications or
				  medical supplies; and
(7) Failure
				  to respond appropriately to emergencies.
(8) The department, AAA, or department
				  designee may also terminate an individual provider's contract for reasons
				  described under WAC
				  388-113-0050.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-385, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-385, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-390 - When can the department otherwise terminate an individual's contract to provide respite care, attendant care, or personal care?

Current through Register Vol. 24-14, July 15, 2024
The department may otherwise terminate the individual's
					 contract to provide respite care, attendant care, or personal care for default
					 or convenience in accordance with the terms of the contract and to the extent
					 that those terms are not inconsistent with these rules.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-390, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-390, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-395 - What are the client's rights if the department denies, terminates, or summarily suspends an individual's contract to provide respite care, attendant care, or personal care? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-395, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-395, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-396 - When does a home care agency have a right to an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
A home care agency has a right to an administrative
					 hearing under WAC
					 388-71-0562.
Statutory Authority: RCW 71A.12.30 [71A.12.030] and Title
						71A RCW. 07-23-062, § 388-825-396, filed 11/16/07, effective 12/17/07.
						Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-396, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-400 - Self-directed care - Who must direct self-directed care?

Current through Register Vol. 24-14, July 15, 2024
Self-directed care under chapter 74.39 RCW must be directed
					 by an adult client for whom the health-related tasks are provided. The adult
					 client is responsible to train the individual provider in the health-related
					 tasks which the client self-directs.
Statutory Authority:
						RCW
						71A.12.030,
						71A.12.120. 05-17-135, §
						388-825-400, filed 8/19/05, effective
						9/19/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-605 - What background check requirements apply to providers?

Current through Register Vol. 24-14, July 15, 2024
(1) All
				  DDA-contracted providers must follow background check requirements under
				  chapter 388-113 and 388-825 WAC and applicable, program-specific
				  rules.
(2) Alternative living
				  providers must follow background check requirements under chapters 388-113,
				  388-825, and 388-829A WAC.
(3)
				  Companion home providers must follow background check requirements under
				  chapters 388-113, 388-825, and 388-829C WAC.
(4) Group home providers licensed as adult
				  family homes must follow background check requirements under chapters 388-76,
				  388-113, and 388-825 WAC.
(5) Group
				  home providers licensed as assisted living facilities must follow background
				  check requirements under chapters 388-78A, 388-113, and 388-825 WAC.
(6) Individual providers must follow
				  background check requirements under chapter 388-115 WAC.
(7) Home care agency providers must follow
				  background check requirements under chapter 388-71 WAC.
(8) Licensed staffed residential service
				  providers must follow background check requirements under chapters 110-04,
				  388-113, and 388-825 WAC.
(9)
				  Overnight planned respite service providers must follow background check
				  requirements under chapters 388-113, 388-825, and 388-829R WAC.
(10) Supported living and group training home
				  providers must follow background check requirements under chapters 388-101D,
				  388-113, and 388-825 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-610 - Who must have a background check and a background check renewal?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA requires
				  background checks under WAC
				  388-825-615 and background check
				  renewals under WAC
				  388-825-320 for all contracted
				  providers, agency employees, owner-operators, administrators, subcontractors,
				  and volunteers who may have:
(a) Unsupervised
				  access to a DDA client; or
(b)
				  Access to a DDA client's personal information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-615 - What type of background check is required?

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning January 7, 2012, long-term care
				  workers, including parents and individual providers, undergoing a background
				  check for initial hire or initial contract, must be screened through a
				  Washington state name and date of birth check and a national fingerprint-based
				  background check.
(2) Beginning
				  January 1, 2016, a newly hired long-term care worker employed by a community
				  residential service business must be screened through a Washington state name
				  and date of birth check and a national fingerprint-based background check.
(a) For a renewal, a person who has
				  continuously resided in Washington state for the past three consecutive years
				  must be screened through a Washington state name and date of birth
				  check.
(b) For a renewal, a person
				  who has resided outside of Washington state in the past three years must be
				  screened through a Washington state name and date of birth check and a national
				  fingerprint-based background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-620 - How often must a background check be renewed?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA requires a background check at least
				  every three years, or more frequently if required by program rule.
(2) A background check renewal will be
				  conducted as follows:
(a) Individuals who
				  have continuously resided in Washington state for the past three consecutive
				  years will be screened through a state name and date of birth background
				  check.
(b) Individuals who have
				  lived outside of Washington state within the past three years will be screened
				  through a state name and date of birth check and a national fingerprint-based
				  background check.
(c) Individuals
				  who live outside of Washington state and provide services in Washington state
				  will be screened through a Washington state name and date of birth check and a
				  national fingerprint-based background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-621 - May a DDA-contracted agency applicant or employee have access to clients before the completion of the Washington state name and date of birth background checks?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  DDA-contracted agency may allow an employee to have access to clients before
				  completion of the Washington state name and date of birth background check if:
(a) The background check application has been
				  submitted;
(b) The employee is
				  directly supervised while around clients and their personal information;
				  and
(c) The agency has a
				  supervision plan in place for the employee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-625 - What happens if an individual receives a disqualifying background check result?

Current through Register Vol. 24-14, July 15, 2024
(1) If an
				  individual has a disqualifying background check result:
(a) The individual must not have access to
				  clients or their personal information; and
(b) The department must not pay for services
				  provided by the individual.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-630 - What does the background check cover?

Current through Register Vol. 24-14, July 15, 2024
(1) The department must review criminal
				  convictions and pending charges based on identifying information provided by
				  you. The background check may include but is not limited to the following
				  information sources:
(a) Washington state
				  patrol.
(b) Washington
				  courts.
(c) Department of
				  corrections.
(d) Department of
				  health.
(e) Civil adjudication
				  proceedings.
(f) Applicant's
				  self-disclosure.
(g) Out-of-state
				  law enforcement and court records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-635 - Who pays for the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA pays for background checks for
				  individuals seeking to provide services to clients of DDA, if processed through
				  the DSHS background check central unit (BCCU).
(2) DDA pays for fingerprint services if the
				  fingerprinting entity is contracted with BCCU.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-640 - What criminal convictions, pending crimes or negative actions will prohibit me from being contracted or authorized to work in a capacity that may involve unsupervised access to individuals with a developmental disability?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Criminal convictions and pending charges that are disqualifying are listed in
				  chapter 388-113 WAC.
(2) The
				  following negative actions will automatically disqualify an individual from
				  having unsupervised access to individuals with a developmental disability:
(a) A final finding of abuse, neglect,
				  financial exploitation or abandonment of a vulnerable adult, unless the finding
				  was made by Adult Protective Services prior to October 2003.
(b) A final finding of abuse or neglect by
				  child protective services, unless the finding was made prior to October 1,
				  1998.
(c) A court ordered permanent
				  restraining order/order of protection, either active or expired, against the
				  individual that was based upon abuse, neglect, financial exploitation, or
				  mistreatment of a child or vulnerable adult.
(d) Registered sex offender status.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-645 - May an individual work in an unsupervised capacity with individuals with developmental disabilities when his or her background check reveals a conviction, pending charge or negative action that is not considered disqualifying per chapter 388-113 WAC or WAC 388-825-0640?

Current through Register Vol. 24-14, July 15, 2024
An individual with convictions, pending charges or
					 negative actions that are not disqualifying per chapter 388-113 WAC or WAC
					 388-825-640 may work in an
					 unsupervised capacity with individuals with developmental disabilities only
					 after a character, competence and suitability review has been conducted as
					 required by WAC 388-825-065.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-650 - What does a character, competence, and suitability review include?

Current through Register Vol. 24-14, July 15, 2024
The contractor, entity, or hiring authority must review an
					 individual's background to determine character, competence, and suitability to
					 have unsupervised access to individuals with a developmental disability. In
					 this review, the contractor, entity, or hiring authority must consider the
					 following factors:
(1) The amount of
				  time that has passed since a person was convicted or subject to a negative
				  action;
(2) The seriousness of the
				  crime or action that led to the conviction or finding;
(3) The number and types of other convictions
				  in the person's background;
(4) The
				  person's age at the time of conviction;
(5) Documentation indicating the person has
				  successfully completed all court-ordered programs and restitution;
(6) The person's behavior since the
				  conviction; and
(7) The
				  vulnerability of those that would be under the person's care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-655 - How will someone know if they have been disqualified by the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  will notify the person, and the care provider, the employer, or the licensor if
				  the person has been disqualified by the background check. The notice will be in
				  writing and will include any laws and rules that require
				  disqualification.
(2) If the
				  department sends the person a notice of disqualification, the person will not
				  receive a license, contract, certification, or be authorized to have
				  unsupervised access to individuals with a developmental disability.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-660 - May a provider appeal DDA's decision to deny a contract or payment based on the results of the background check?

Current through Register Vol. 24-14, July 15, 2024
A provider or prospective provider does not have the right
					 to appeal DDA's decision to deny a contract or payment based on the results of
					 a background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-665 - Is the background check information released to my employer or prospective employer?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department will release the source of the disqualifying crime or negative
				  action and WSP rap sheet to authorized requesters as allowed by state law. The
				  department will follow laws related to the release of criminal history records
				  (chapters
				  10.97 and
				  43.43 RCW) and public disclosure
				  (chapter
				  42.56 RCW) when releasing
				  any information.
(2) National
				  fingerprint-based rap sheets may not be released to third parties outside of
				  DSHS and must be requested directly from BCCU by the
				  applicant/employee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-670 - May a person receive a copy of their criminal background check results?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department will provide a person a copy of their criminal background check
				  results if the person:
(a) Submits a written
				  request to the department; and
(b)
				  Offers proof of identity, such as picture identification.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-675 - What is the purpose of the one hundred twenty-day provisional hire?

Current through Register Vol. 24-14, July 15, 2024
The one hundred twenty-day provisional hire allows an
					 employee or contractor to have unsupervised access to individuals with a
					 developmental disability on a provisional basis pending the results of his or
					 her national fingerprint based background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-680 - Who is responsible for approving the one hundred twenty-day provisional hire?

Current through Register Vol. 24-14, July 15, 2024
The agency, entity or hiring individual is responsible for
					 approving individuals for the one hundred twenty-day provisional
					 hire.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-685 - When are individuals eligible for the one hundred twenty-day provisional hire?

Current through Register Vol. 24-14, July 15, 2024
All DDA service providers working in an unsupervised
					 capacity, including long-term care workers as defined in chapter 74.39A RCW,
					 are eligible for the one hundred twenty-day provisional hire, pending the
					 outcome of the fingerprint-based background check, as long as the worker is not
					 disqualified as a result of the initial name and date of birth background
					 check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-825 - Developmental disabilities administration service rules › INDIVIDUAL PROVIDER AND AGENCY PROVIDER QUALIFICATIONS › Section 388-825-690 - When does the one hundred twenty-day provisional hire begin?

Current through Register Vol. 24-14, July 15, 2024
The one hundred twenty-day provisional hire may begin from
					 either:
(1) The date of hire of an
				  individual; or
(2) After completion
				  of a state background check on an individual.
The agency, entity, or hiring individual makes this
					 decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0001 - What are out-of-home services?

Current through Register Vol. 24-14, July 15, 2024
Out-of-home services are administered by the developmental
				  disabilities administration (DDA) through a person-centered service plan to
				  provide residential habilitation services for a child in a qualified setting
				  outside of the child's home that is agreed to by the child's parent or legal
				  guardian. Out-of-home services do not include educational services or care that
				  is provided by other paid supports.
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0001,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0010 - Who is eligible for out-of-home services?

Current through Register Vol. 24-14, July 15, 2024
A client is eligible for Out-of-home services if:
(1) The client:
(a) Is eligible for DDA services under
				chapter 388-823 WAC;
(b) Is eligible
				for the core waiver under chapter 388-845 WAC, or roads to community living
				under WAC
				182-513-1235;
(c) Has received medically necessary
				inpatient treatment-when recommended by the client's treating professional-for
				conditions related to behavioral health or autism;
(d) Will begin receiving out-of-home services
				before turning eighteen;
(e) Does
				not have a treatment recommendation for a locked or secure facility;
				and
(f) Is not:
(i) In the custody of the department of
				children, youth, and families under
				RCW
				13.34.050 or
				26.44.050;
(ii) In shelter care under
				RCW
				13.34.060; or
(iii) A dependent in foster care under
				RCW
				13.34.130;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0015 - Who else may be eligible to participate in the voluntary placement program? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0015,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0016 - Where may a client receive out-of-home services?

Current through Register Vol. 24-14, July 15, 2024
(1) A client may receive Out-of-home services
				from the following provider types:
(a) A
				children's state-operated living alternative certified under this chapter;
				or
(b) A home contracted with the
				developmental disabilities administration and licensed under chapter 74.15 RCW
				as a:
(i) Child foster home;
(ii) Staffed residential home; or
(iii) Group care facility for medically
				fragile children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0018 - Does approval of out-of-home services affect a client's parental or custodial rights and responsibilities?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Enrollment in out-of-home services does not affect the legal rights and
				responsibilities of a client's parent or legal guardian.
(2) When a client enrolls in out-of-home
				services neither DSHS nor DDA takes custodial responsibility of the
				client.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0019 - When must out-of-home services be terminated?

Current through Register Vol. 24-14, July 15, 2024
(1) Out-of-home services may be terminated if
				the client is receiving services in a hospital, nursing facility, intermediate
				care facility for individuals with intellectual disabilities, or other
				institution for thirty consecutive days or longer.
(2) Out-of-home services must be terminated
				if:
(a) The client's parent or legal guardian
				terminates services; or
(b) The
				client is over eighteen and terminates services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0020 - How does the family, whose child is a client of DDD request access to the VPP? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0020,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0025 - What is the process for a child or youth who transfers from children's administration to get into the VPP? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0025,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0030 - How is a decision made for out-of-home placement? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0030,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0035 - How is a decision made regarding participation in the voluntary placement program? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0035,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0040 - What is the out-of-home services acknowledgment?

Current through Register Vol. 24-14, July 15, 2024
(1) The out-of-home services acknowledgment
				is a document signed by the client's parent or legal guardian acknowledging
				their custodial responsibility and decision making authority while the client
				is receiving services from a qualified provider.
(2) An out-of-home services acknowledgment
				must state:
(a) DSHS and DDA are offering
				services through medicaid or roads to community living;
(b) The client is not a dependent of the
				state by enrolling in out-of-home services;
(c) Enrollment in out-of-home services does
				not affect the legal rights and responsibilities of the parent or legal
				guardian;
(d) The client's parent
				or legal guardian retains the authority to authorize medical care for the
				client;
(e) The client's parent or
				legal guardian retains the authority to make all legal decisions for the
				client;
(f) The client's parent or
				legal guardian continues to be legally responsible for caring for the
				client;
(g) The client's parent or
				legal guardian continues to be legally responsible for the client if
				out-of-home services are disrupted; and
(h) The client's parent or legal guardian
				continues to be legally responsible for the cost of the client's care,
				including room and board and basic expenses that are not covered by private
				insurance, medicare, the medicaid state plan, or other funding
				sources.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0041 - What is a child and family engagement plan?

Current through Register Vol. 24-14, July 15, 2024
(1) A child and family engagement plan is a
				written agreement between the client's parent or legal guardian and the
				provider.
(2) A child and family
				engagement plan must:
(a) Outline the parent
				or legal guardian's role while their child is receiving out-of-home services,
				including:
(i) A visitation schedule for both
				the licensed or certified setting and family home;
(ii) Assistance in maintaining significant
				relationships to the child, such as transportation assistance and coordination;
				and
(iii) Participation in
				attending medical and dental appointments, school meetings, and community
				inclusion activities;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0042 - What is an individual financial plan?

Current through Register Vol. 24-14, July 15, 2024
(1) An individual financial plan is a written
				agreement that delineates support needed in managing any portion of a client's
				funds by the provider.
(2) An
				individual financial plan is required when the child and family engagement plan
				indicates support is needed for the client to acquire money management
				skills.
(3) The provider must
				obtain signatures from the client's parent or legal guardian on the individual
				financial plan.
(4) The provider
				must include the following in the client's individual financial plan:
(a) Client funds and income managed by the
				provider;
(b) Client funds and
				income managed by the client;
(c)
				Client funds and income managed by the representative payee;
(d) The type of accounts containing client
				funds; and
(e) Money management
				instruction or support provided to the client.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0043 - When must an individual instruction and support plan be developed or revised?

Current through Register Vol. 24-14, July 15, 2024
(1) If a client
				is receiving out-of-home services in a staffed residential home or children's
				SOLA, the provider must develop and implement an individual instruction and
				support plan for each client they support.
(2) The provider must develop and implement a
				client's instruction and support plan no more than 30 days after the client
				begins receiving out-of-home services.
(3) The provider must revise a client's
				individual instruction and support plan:
(a)
				As goals are achieved or as the client's assessed needs change;
(b) At least semiannually; and
(c) If requested by the client or the
				client's parent or legal guardian.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0044 - What requirements must the individual instruction and support plan meet?

Current through Register Vol. 24-14, July 15, 2024
The individual instruction and support plan must:
(1) Describe habilitation goals that the
				provider and client will work on together while the provider supports the
				client;
(2) List the instruction
				and support activities the provider will provide to the client and explain how
				those activities meet the assessed needs identified in the client's
				person-centered service plan; and
(3) Describe other relevant support and
				service information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0045 - What happens after a voluntary placement agreement is signed, what are the legal issues and who is responsible? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0045,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0050 - What are the judicial requirements for a child receiving voluntary placement services? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0050,
					 filed 10/31/02, effective 12/1/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-826 - Voluntary placement program › Section 388-826-0055 - What basic services may a child receive from the voluntary placement program? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 74.13.350. 02-22-057, § 388-826-0055,
					 filed 10/31/02, effective 12/1/02.