AFH: Discharge Notice, Background Checks and Windows

The Department of Social and Health Services (DSHS) (department) is considering amending sections of Chapter 388-76 WAC, Adult Family Home Minimum Licensing Requirements. These changes are needed to:  

• Remove the background check requirement for spouses and domestic partners of entity representatives with no ownership interest in the business who do not live in the home.
• Clarify the background check requirements in WAC 388-76-10161 for household members.
• Update WAC 388-76-10616 for alignment with statute, as requested by petition.
• Update WAC 388-76-10795 related to resident bedroom windows and emergency escape access in new AFHs.

These changes will reduce barriers to licensure, clarify existing requirements, align WAC with statute, and protect resident safety.

The status of this rulemaking project is Active- CR 101 Filed

June 17, 2026

DSHS is conducting rulemaking which may amend the following WAC chapters:

• 388-76-10161
• 388-76-10616
• 388-76-10795

Other sections may be updated as needed as required and to improve clarity, update policy or better align rule language with state and federal law or regulations.

This rulemaking project will address the following subjects:

• Background checks
• Transfer and discharge notice
• Window requirements for resident bedrooms- new AFHs only

Overview

Meeting Information