Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-147 - Licensing requirements for child placing agency and adoption services › PURPOSE AND DEFINITIONS › Section 110-147-1305 - What definitions do I need to know to understand this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following words and terms are for the purpose of this
				  chapter and are important to understanding these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual
				  exploitation, negligent treatment or maltreatment of a child as defined in
				  RCW
				    26.44.020.
"Adult" means a person 18 years old or older, not in the care
				  of the department.
"Agency" is defined in
				  RCW
				    74.15.020(1).
"Asexual" means the lack of a sexual attraction or desire for
				  other individuals.
"Assessment" means the appraisal or evaluation of a child's
				  physical, mental, social or emotional condition.
"Bisexual" means individuals who have an emotional or
				  physical attraction to individuals of the same and different genders.
"Business hours" means hours during the day in which business
				  is commonly conducted. Typically, the hours between 9 a.m. and 5 p.m. on
				  weekdays are considered to be standard business hours.
"Capacity" means the age range and maximum number of children
				  on your current license.
"Care provider" means any person who is licensed or
				  authorized to provide care for children and cleared to have unsupervised access
				  to children under the authority of a license.
"Case manager" means the private agency employee who
				  coordinates the planning efforts of all the persons working on behalf of a
				  child.
"Case plan" means a written document adhered to and followed
				  by a foster child's parents or guardians, foster parent or parents, the
				  department, and all other caregivers. A case plan may include, but is not
				  limited to:
(a) A description of the type of home or facility in which a
				  child is to be placed, including a discussion of the safety and appropriateness
				  of the placement and how the department plans to carry out the voluntary
				  placement agreement entered into or judicial determination made with respect to
				  the child;
(b) A plan for assuring that the child receives safe and
				  proper care and that services are provided to the parents or guardians, child,
				  and foster parents in order to improve the conditions in the parents' or
				  guardians' home, facilitate return of the child to their own safe home or the
				  permanent placement of the child, and address the needs of the child while in
				  foster care, including a discussion of the appropriateness of the services that
				  have been provided under the plan;
(c) The health and education records of the child, including
				  the most recent information available regarding:
(i) The names and addresses of the child's health and
				  educational providers;
(ii) The child's grade level performance;
(iii) The child's school record;
(iv) A record of the child's immunizations;
(v) The child's known medical conditions;
(vi) The child's medications; and
(vii) Any other relevant health and education information
				  concerning the child determined to be appropriate by the department.
(d) Relevant professional assessments of the child;
(e) Court orders concerning the child; and
(f) Any other relevant plan, assessment, knowledge, material,
				  or information concerning the child determined to be appropriate by the
				  department.
"Caseworker" means the primary agency worker assigned to the
				  child through DCYF or other government agency.
"Certification" means a licensed child placing agency (CPA)
				  review that a foster home being supervised by that CPA meets licensing
				  regulations. The final decision for licensing is the responsibility of the
				  department of children, youth, and families.
"Chapter" means chapter 110-147 WAC.
"Child," "children," or "youth" for this chapter, means a
				  person who is one of the following:
(a) Under 18 years of age;
(b) Up to 21 years of age and enrolled in services through
				  the department of social and health services, developmental disabilities
				  administration (DDA) the day prior to his or her 18th birthday and pursuing
				  either a high school or equivalency course of study (GED/HSEC), or vocational
				  program;
(c) Up to 21 years of age and participates in the extended
				  foster care program;
(d) Up to 21 years of age with intellectual and developmental
				  disabilities;
(e) Up to 25 years of age and under the custody of the
				  juvenile rehabilitation system.
"Child placing agency (CPA)" means an agency licensed to
				  place children for foster care or adoption.
"Compliance agreement" means a written improvement plan to
				  address the changes needed to meet licensing requirements.
"DDA" means the department of social and health services,
				  developmental disabilities administration.
"Department " means the department of children, youth, and
				  families (DCYF).
"Developmental disability" is a disability as defined in
				  RCW
				    71A.10.020.
"FBI" means the Federal Bureau of Investigation.
"Foster home or foster family home" means a person(s)
				  licensed to regularly provide 24-hour care in their home to children.
"Gay" means a sexual orientation to describe individuals who
				  are emotionally or physically attracted to someone of the same gender. Gay is
				  sometimes an umbrella term for the LGBTQIA+ community.
"Gender" or "gender identity" means an individual's inner
				  sense of being a female, male, a blend of both or neither, or another gender.
				  This may or may not correspond with an individual's sex assigned at
				  birth.
"Gender expression" means individuals' outward communication
				  of their gender through behavior or appearance. This may or may not conform to
				  their sex assigned at birth or socially defined behaviors and characteristics
				  typically associated with being either masculine or feminine.
"Gender fluid" means individuals whose gender identities are
				  flexible.
"Guardian" has the same meaning in this chapter as defined in
				  RCW
				    26.33.020(11).
"Guns or weapons" means any device intended to shoot
				  projectiles under pressure or that can be used to attack. These include, but
				  are not limited to, BB guns, pellet guns, air rifles, stun guns, antique guns,
				  handguns, rifles, shotguns and archery equipment.
"Health care staff" means anyone providing qualified medical
				  consultation to your staff or medical care to the children in your care.
"Hearing" means the administrative review process conducted
				  by an administrative law judge.
"I," "my," "you," and "your" refer to an applicant for a
				  license issued under this chapter, and to any party holding a license under
				  this chapter.
"Infant" means a child less than 12 months of age.
"Intellectual and developmental disability" means children
				  with deficits in general mental abilities and impairment in everyday adaptive
				  functioning.
"Intersex" is an umbrella term used to describe a wide range
				  of natural bodily variations when the body is born with a combination of
				  chromosomes, internal organs, or external genitalia that do not develop as
				  expected.
"Lesbian" means females or women who have an emotional or
				  physical attraction for other females or women.
"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer
				  or questioning, intersex, and asexual. The "+" represents identities not
				  specifically named in the LGBTQIA acronym, e.g., pansexual, gender nonbinary,
				  and Two-Spirit.
"License" means a permit issued by us confirming that your
				  agency meets the licensing standards established in this chapter.
"Licensed health care provider" means a medical doc-tor (MD),
				  doctor of osteopathy (DO), doctor of naturopathy (ND), physician's assistant
				  (PA), or an advanced registered nurse practitioner (ARNP).
"Licensing division (LD)" means the division within DCYF that
				  licenses and monitors foster homes, child placing agencies, and licensed group
				  care facilities.
"Licensing provider portal" means the internet-connected
				  provider application system used by the department and agencies to securely
				  store digital employment and licensing documents and data.
"Licensor" means either:
(a) An LD employee who recommends approvals for, or monitors
				  licenses or certifications for facilities and agencies established under this
				  chapter; or
(b) An employee of a CPA who certifies or monitors foster
				  homes supervised by the CPA.
"Maternity service" as defined in
				  RCW
				    74.15.020. These are also referred to as
				  pregnant and parenting youth programs.
"Medically fragile" means the condition of a child who
				  requires the availability of 24-hour skilled care from a health care
				  professional or specially trained family or foster family member. These
				  conditions may be present all the time or frequently occurring. If the
				  technology, support, and services being received by the medically fragile
				  children are interrupted or denied, the child may, without immediate health
				  care intervention, experience death.
"Missing child" means any child less than 18 years of age in
				  licensed care or under the care, custody, and authority of DCYF and the child's
				  whereabouts are unknown or the child has left care without the permission of
				  the child's caregiver or DCYF. This does not include children in dependency
				  guardianship.
"Nonambulatory" means not able to walk or exit to safety
				  without the physical assistance of another individual.
"Nonbinary" is a term of self-identification for individuals
				  who do not identify within the limited and binary terms that have described
				  gender identity, e.g., female and male. Nonbinary is also an umbrella term for
				  many identities such as gender expansive, gender fluid, and genderqueer.
"Out-of-home placement" means a child's placement in a home
				  or facility other than the child's parent, guardian, or legal custodian.
"Parent" has the same meaning in this chapter as defined in
				  RCW
				    26.26A.010(15).
"Probationary license" means a license issued as part of a
				  corrective action to an individual or agency that has previously been issued a
				  full license but is out of compliance with minimum licensing requirements and
				  has entered into an agreement aimed at correcting deficiencies.
"Property or premises" means a facility's buildings and
				  adjoining grounds that are managed by a person or agency in charge.
"Queer" is a term used to express LGBTQIA+ identities and
				  orientations. The term is sometimes used as an umbrella term for all LGBTQIA+
				  individuals.
"Questioning" means individuals who are exploring their
				  sexual orientation, gender identity, or gender expression at any age.
"Relative" means a person who is related to a child as
				  defined in
				  RCW
				    74.15.020.
"Respite" means brief, temporary relief care provided by an
				  in-home or out-of-home provider paid by the department. The respite provider
				  fulfills some or all of the care provider responsibilities for a short
				  time.
"Sexual orientation" means an individual's emotional or
				  physical attraction to other individuals.
"SOGIE" is an acronym for sexual orientation, gender
				  identity, and expression which are distinct identifiers everyone has. LGBTQIA+
				  is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as
				  well as heterosexual, cisgender, and nonquestioning individuals.
"Transgender" is an umbrella term for individuals whose
				  gender identity or expression is different from cultural expectations based on
				  the sex they were assigned at birth. Gender-affirming medical care is not a
				  prerequisite to identify as transgender. Being transgender does not imply any
				  specific sexual orientation.
"Treatment plan" means individual plans that identify the
				  service needs of the child, including the child's parent or guardian, and
				  identifies the treatment goals and strategies for achieving those goals.
"Two-Spirit" means a modern, pan-indigenous, umbrella term
				  used by some indigenous North Americans to describe Native people in their
				  communities who fulfill a traditional third-gender or other gender- variant,
				  ceremonial, and social role in their cultures. Being Two-Spirit does not imply
				  any specific sexual orientation.
"Volunteer" means a person who provides services without
				  compensation, for your agency.
"Washington state patrol fire protection bureau (WSP/FPB)"
				  means the state fire marshal.
"We," "our," and "us" refer to DCYF, including LD and child
				  welfare staff.
"Young child" refers to a child age 12 months through eight
				  years old.
Statutory Authority:
					 RCW
					   74.15.010,
					 74.15.030,
					 74.15.040,
					 74.15.090,
					 74.13.031,
					 74.39A.056,
					 43.43.832.
					 WSR 18-11-138, §
											388-147-1305,
					 filed 5/23/18, effective 6/23/18. Statutory Authority:
					 RCW
					   74.15.010,
					 74.15.030,
					 74.15.040,
					 74.15.090,
					 74.13.031,
					 and P.L.
					 113-183. WSR 16-17-101, §
											388-147-1305,
					 filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13
					 RCW,
					 RCW
					   74.15.030(2),
					 74.15.311(2),
					 74.13.032,
					 13.04.011,
					 74.13.020,
					 13.34.030,
					 74.13.031,
					 13.34.145,
					 74.15.311,
					 74.15.030,
					 and 2013 c 105. WSR 15-01-069, §
											388-147-1305,
					 filed 12/11/14, effective 1/11/15.