Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD CARE AGENCIES/LICENSING REQUIREMENTS › Chapter 388-145 - Licensing requirements for group care facilities and services › PROGRAM ACTIVITIES AND TOYS › Purpose and Definitions › Section 388-145-1305 - What definitions do I need to know to understand this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following words and terms are for the purpose of
						this chapter and are important to understand these requirements:
"Abuse or neglect" means the injury, sexual abuse, sexual
						exploitation, negligent treatment or maltreatment of a child as defined in
						RCW
						26.44.020.
"Adult" means a person eighteen years old or older, not
						in the care of the department.
"Agency" is defined in
						RCW
						74.15.020(1).
"Assessment" means the appraisal or evaluation of a
						child's physical, mental, social and/or emotional condition.
"Business hours" means hours during the day in which
						state business is commonly conducted. Typically the hours between 9 a.m. and 5
						p.m. on weekdays are considered to be standard hours of operation.
"CA" means children's administration.
"Capacity" means the age range, gender 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/or cleared to have unsupervised
						access to children under the authority of a license.
"Case manager" means a facility employee who coordinates
						the planning efforts of all the persons working on behalf of a child.
"Chapter" means chapter 388-145 WAC.
"Child," "children," or "youth" for this chapter, means a
						person who is one of the following:
(1) Under eighteen years old;
(2) Up to twenty-one years of age and enrolled in
						services through the developmental disabilities administration (DDA) the day
						prior to his or her eighteenth birthday and pursuing either a high school or
						equivalency course of study (GED/HSEC), or vocational program;
(3) Up to twenty-one years of age and participates in the
						extended foster care program;
(4) Up to twenty-one years of age with intellectual and
						developmental disabilities;
(5) Up to twenty-one years of age and under the custody
						of the Washington state juvenile justice rehabilitation administration.
"Compliance agreement" means a written improvement plan
						to address the changes needed to meet licensing requirements.
"Crisis residential center (secure)" means a licensed
						facility open twenty-four-hours a day, seven days a week that provides
						temporary residential placement, assessment and services in a secure facility
						to prevent youth from leaving the facility without permission per
						RCW
						13.32A.030(15).
"Crisis residential center (semi-secure)" means a
						licensed facility open twenty-four hours a day, seven days a week that provides
						temporary residential placement, assessment and services for runaway youth and
						youth in conflict with their family and/or in need of emergency
						placement.
"Day treatment" is a specialized service that provides
						educational and therapeutic group experiences for emotionally disturbed
						children.
"DCFS" means the division of children and family services
						within children's administration. DCFS provides case management to children and
						families involved in the child welfare system.
"DDA" means the developmental disabilities
						administration. DDA provides services and case management to children and
						adults who meet the eligibility criteria.
"Deescalation" means strategies used to defuse a volatile
						situation, to assist a child to regain behavior control, and to avoid a
						physical restraint or other behavioral intervention.
"Department or DSHS" means the department of social and
						health services.
"Developmental disability" is a disability as defined in
						RCW
						71A.10.020.
"Direct care staff" means persons who provide daily
						supervision and direct care to group care children and youth.
"DLR" means the division of licensed resources within
						children's administration. DLR licenses and monitors foster homes, child
						placing agencies and licensed group care facilities.
"DOH" means the department of health.
"Electronic monitoring" means video or audio monitoring
						or recording used to watch or listen to children as a way to monitor their
						behavior.
"Emergency respite center (ERC)" means a licensed
						facility that may be commonly known as a crisis nursery, which provides
						emergency or crisis care for nondependent children birth through seventeen
						years for up to seventy-two hours to prevent child abuse and/or neglect per RCW
						74.15.-020(d). ERCs may choose to be open up to twenty-four hours a day, seven
						days a week. Facilities may also provide family assessment, family support
						services and referral to community services.
"FBI" means the Federal Bureau of Investigation.
"Group care" is a general term for a licensed facility
						that is maintained and operated for a group of children on a twenty-four-hour
						basis to provide a safe and healthy living environment that meets the
						developmental needs of the children in care per
						RCW
						74.15.020(1)(f).
"Group home" is a specific license for residential care
						that provides care and supervision for children or youth.
"Group receiving center" means a licensed facility that
						provides the basic needs of food, shelter, and supervision for children placed
						by the department, generally for thirty or fewer days.
"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 and youth in
						your care.
"Hearing" means the administrative review process
						conducted by an administrative law judge.
"I, my, you, and your" refers to an applicant for a
						license issued under this chapter, and to any party holding a license under
						this chapter.
"Infant" means a child less than twelve months of
						age.
"Intellectual and developmental disability" means
						children with deficits in general mental abilities and impairment in everyday
						adaptive functioning.
"Interim facility" means an overnight youth shelter,
						emergency respite center or a resource and assessment center.
"License" means a permit issued by us that your facility
						meets the licensing standards established in this chapter.
"Licensed health care provider" means an MD (medical
						doctor), DO (doctor of osteopathy), ND (doctor of naturopathy), PA (physician's
						assistant), or an ARNP (advanced registered nurse practitioner).
"Local fire authority" means your local fire inspection
						authority having jurisdiction in the area where your facility is
						located.
"Maternity service" as defined in
						RCW
						74.15.020. These are also referred to as
						pregnant and parenting youth programs.
"Medically fragile" means the condition of a child who
						requires the availability of twenty-four-hour skilled care from a health care
						professional or specially trained staff or volunteers in a group care setting.
						These conditions may be present all the time or frequently occurring. If the
						technology, support and services being received by the medically fragile
						children are interrupted or denied, the child may, without immediate health
						care intervention, experience death.
"Missing child" means any child less than eighteen years
						of age in licensed care or under the care, custody, and authority of CA and the
						child's whereabouts are unknown and/or the child has left care without the
						permission of the child's care-giver or CA. This does not include children in
						dependency guardianship.
"Multidisciplinary teams (MDT)" means groups formed to
						assist children who are considered at risk youth or children in need of
						services, and their parents.
"Negative action" means a court order, court judgment, or
						adverse action taken by an agency, in any state, federal, local, tribal, or
						foreign jurisdiction, that results in a finding against the applicant
						reasonably related to the individual's suitability, and competence to care for
						or have unsupervised access to children in out-of-home care. This may include,
						but is not limited to:
(1) A decision issued by an administrative law
						judge;
(2) A final determination, decision, or finding made by
						an agency following an investigation;
(3) An adverse licensing action, including termination,
						revocation, or denial of a license or certification, or if there is a pending
						adverse action, the voluntary surrender of a license, certification, or
						contract in lieu of an adverse action;
(4) A revocation, denial, or restriction placed on any
						professional license; or
(5) A final decision of a disciplinary board.
"Nonambulatory" means not able to walk or exit to safety
						without the physical assistance of another individual.
"Out-of-home placement" means a child's placement in a
						home or facility other than the child's parent, guardian, or legal
						custodian.
"Overnight youth shelter" means a licensed nonprofit
						agency that provides overnight shelter to homeless or runaway youth in need of
						emergency sleeping arrangements.
"Probationary license" means a license issued as part of
						a corrective action to an individual or agency that has previously been issued
						a full license but is out of compliance with minimum licensing requirements and
						has entered into an agreement aimed at correcting deficiencies.
"Property or premises" means a facility's buildings and
						adjoining grounds that are managed by a person or agency in charge.
"Psychotropic medication" means a type of medicine that
						is prescribed to affect or alter thought processes, mood, sleep, or behavior.
						These include antipsychotic, antidepressant and antianxiety medications.
"Relative" means a person who is related to a child per
						RCW
						74.15.020.
"Resource and assessment center" means an agency that
						provides short-term emergency and crisis care for a period up to seventy-two
						hours, (excluding Saturdays, Sundays, and holidays) to children who have been
						removed from their parent's or guardian's care by child protective services or
						law enforcement.
"Staffed residential home" means a licensed facility that
						provides twenty-four-hour care to six or fewer children who require more
						supervision than can be provided in a foster home.
"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.
"Washington state patrol fire protection bureau" or
						"WSP/FPB" means the state fire marshal.
"Volunteer" means a person who provides direct care
						services without compensation, for your facility.
"We, our, and us" refers to the department of social and
						health services, including DLR and DCFS staff.
"Young child" refers to a child age twelve months through
						eight years old.