5130. Regional Licensing

Approval: Connie Lambert-Eckel, Assistant Secretary

Original Date: August 31, 2015

Revised Date: October 19, 2017

Sunset Review: October 1, 2020


Purpose

Regional licensing assesses, licenses and monitors services provided to children in out-of-home care by group care facilities (GCF) and private child placing agencies (CPA).

Scope

This policy applies to all Division of Licensed Resources (DLR) regional licensing staff.

Laws

RCW 43.20A.205 Denial, suspension, revocation, or modification of license

RCW 74.15 Care of children, expectant mothers, persons with developmental disabilities

Policy

  1. GCF, CPA and Adoption Services and Child Foster Homes must meet licensing requirements.
  2. Waivers to Washington Administrative Code (WAC) requirements must be approved by the DLR administrator or designee using the Licensing Waiver DSHS 15-411.
  3. Licensing application documents must be received within 90 days of receipt of application or it may be withdrawn. Regional licensors must work with the agency and notify them prior to withdrawing an application.
  4. GCF may have more than one type of license depending on the services offered.
  5. Foster homes certified by the CPA must meet minimum licensing requirements (MLR).
  6. Applicants for a provisional expedited license certified by the CPA must meet the following requirements:
    1. Held a foster care license in the last five years that was not closed due to a denial, revocation, or an agreement to relinquish.
    2. Resides in the same home in which the applicant was licensed and no additional individuals have moved into the home.
    3. Seeking a license from the same agency with which they were previously licensed and the agency agrees to supervise the home.
    4. Passed a new fingerprint-based background check for all household members age 16 years and older before the expedited license is issued.
  7. The regional licensor must complete the required number of CPA foster homes licenses per month per DLR Performance Goals located on the Children’s Administration (CA) intranet under DLR Programs.
  8. Foster parents must apply for a new license when there is a change in circumstance due to the absence or addition of an identified caregiver.
  9. A CPA may certify homes in more than one geographic region as long as the agency provides supervision and support to the home. The license must be issued from the region in which the family physically resides.
  10. The CPA license is approved by the regional licensor in the region where the license is issued.
  11. Licenses are issued for a maximum of three years.
  12. Licenses will be issued or denied in writing.

Procedures

  1. New Licenses for GCF and CPA
    The Regional Licensor must:
    1. Verify the Application for Child Care Agency License DSHS 10-408 and the application materials are complete.
    2. Contact and obtain references for a newly hired agency director or administrator using the DLR Agency Letter of Reference DSHS 16-211. A minimum of three references are required. Agency references may be accepted for the agency director or administrator if the agency has upper management to complete the references.
    3. Process the background check for licensing applicants, staff and volunteers in accordance with WAC 388-06A.
    4. Complete FamLink person search and CA file review on all licensing applicants, staff and volunteers.
    5. Determine if a person is disqualified and/or denied from association with a child care or private agency for not meeting MLR in RCW 74.15 and WAC 388-145, WAC 388-147, and WAC 388-148. (See 5160 Adverse Action on a Foster Care License)
    6. Evaluate the agency’s policy and procedures, physical setting, personnel files, child files and/or provider files using the designated checklist for the type of license. Review sample files for agencies currently pending licensure. (See CA intranet DLR Programs, DLR Forms) 
    7. Request an inspection from the Department of Health (DOH) and the Washington State Patrol’s (WSP) Fire Protection Bureau for all GCF with the exception of Staffed Residential Homes licensed for five or fewer children. Approved inspections must be documented prior to issuing the license. Additional inspections may be requested if concerns are noted.
    8. Confirm that all staff having unsupervised access to children are cleared through a background check.
    9. Confirm that an adequate number of staff are available to provide services. This may include review of the shift logs or a calendar to verify appropriate staffing levels.
    10. Confirm all WAC licensing requirements for the applicable license are met before a license is issued.
    11. Document the license start and expiration date in FamLink as three years minus one day.
    12. Submit the file for supervisory review.
  2. New Licenses for CPA Foster Homes
    The Regional Licensor must:
    1. Verify that a Family Home Study Application DSHS 10-354 has been received and that  background authorization forms and fingerprints are completed for all household members 16 years and older. Household members under the age of 16 years may be required to complete a background check to verify safety of a child placed in a licensed home. Requests for a background check on a household member under the age of 16 years old must be staffed with a supervisor. If the supervisor approves a background check on a youth under the age of 16, and the youth has lived:
      1. In Washington state for the previous three years, an in-state background check is required.
      2. Outside of Washington state in the previous three years, a national background check is required.
    2. Open a pending “Full” license in FamLink.
    3. Complete FamLink person search and CA file review on all persons, of any age, living in the home, or who are being cleared to provide substitute care for children.
    4. Require the applicant to provide additional information or complete an evaluation when concerns are identified during the interview or on the paperwork. Evaluations required are at the foster parent’s expense.
      1. Obtain a release signed by the applicant allowing information sharing before, during and after the evaluation.
      2. Provide all information to the evaluator related to the worker’s concern.
    5. Verify the home study meets the 5110 Home Study policy requirements.
    6. Verify the CPA foster home application materials are complete.
    7. Document the following in FamLink on the provider’s “General” tab in the “License Information” group box:
      1. Select “Full” license as the “Type”.
      2. The "Date Issued" is the date the foster home license is approved and the "Expiration Date” is three years’ minus one day from the “Date Issued”.
      3. Select the “Approve” radio button in the “License Recommendations” group box to obtain supervisor approval.
    8. Submit the file for supervisory review.
    9. Issue a license based on the CPA’s certification that a foster home meets the MLR.
    10. Provide a paper copy of the license DSHS 10-010 and Foster Parent Identification (ID) cards to the agency for the foster parent following supervisor approval.
    11. The regional licensor must verify the following information is in the regional licensing paper file:
      1. Certification for License of Foster Home DSHS 10-016
      2. Family Home Study Application DSHS 10-354
      3. Home Study File Checklist DSHS 10-182
      4. Foster Home Inspection Checklist DSHS 10-183
      5. Home Study
      6. Emergency Evacuation Plan DSHS 16-204
      7. Background Authorizations DSHS 09-653; and fingerprints for 16 years and older 
      8. Administrative Review’s collateral information for crimes and/or negative actions, if applicable
      9. Licensing and Safety Supervision Plan DSHS 10-419, if applicable
      10. Verification of required training
      11. Verification of Indian Status DSHS 15-128, if applicable
        NOTE: Other required licensing documents not listed above are required to be completed and maintained in the CPA files (medical statement, marriage and divorce statements and documentation, financial statement, policy agreements, immunizations, etc.).
  3. Provisional Expedited License for CPA Foster Home
    When a provisional expedited license application is received, the regional licensor worker must:
    1. Verify the applicant meets the requirements to be eligible for a provisional expedited license.
    2. Verify that a Family Home Study Application DSHS 10-354 has been received and that Background Check Authorizations DSHS 09-653 and fingerprints were completed for all household members age 16 years and older. Household members under the age of 16 years may be required to complete a background check to verify safety of a child placed in a licensed home. Requests for a background check on a household member under the age of 16 years old must be staffed with a supervisor. If the supervisor approves a background check on a youth under the age of 16, and the youth has lived:
      1. In Washington state for the previous three years, an in-state background check is required.
      2. Outside of Washington state in the previous three years, a national background check is required.
    3. Verify the Provisional Expedited File Checklist DSHS 10-182B has been completed.
    4. Enter the capacity for the license in FamLink by verifying the following:
      1. The number of children cannot be more than the capacity they had when they were previously licensed.
      2. If a caregiver moved out of the home the capacity cannot be more than what is allowed by the minimum licensing requirements.
      3. If children who were previously in the home when licensed have since been adopted or are in a guardianship, reduce the number from their previous license capacity.
    5. Document the following in FamLink on the provider’s “General” tab in the “License Information” group box:
      1. Select “Initial” license as the “Type”.
      2. Select the “Approve” radio button in the “License Recommendation” group box to obtain supervisor approval.
      3. The “Date Issued” is the date the provisional expedited license is approved and the “Expiration Date” is three months minus one day from the “Date Issued”. If the foster home license is not completed within 90 days, staff with the supervisor whether or not to reissue a second expedited license.
      4. Open a new pending full license the day after the expedited license was approved.
    6. Upon supervisor approval, issue the paper copy of the Provisional Expedited Foster Home License DSHS 10-010A within five days of requirements being met.
    7. Notify the IV-E specialist that this home does not meet minimum licensing requirements. CA cannot claim IV-E funds until a full license is issued on the home.  
    8. The regional licensor must verify the following information is in the regional licensing paper file:
      1. Certification for License of Foster Home DSHS 10-016
      2. Family Home Study Application DSHS 10-354
      3. Provisional Expedited License File Checklist DSHS 10-182B
      4. Background Check Authorizations DSHS 09-653; and fingerprints for 16 years and older.
      5. Administrative Review’s collateral information for crimes and/or negative actions, if applicable.
      6. NOTE: The completed Policy Agreements DSHS 10-290 and Household Safety Inspection for Unlicensed Placements DSHS 10-453 or Foster Home Inspection Checklist DSHS 10-183 are required to be completed and maintained in the CPA files.
  4. After the Provisional Expedited License for CPA Foster Home is Issued the Regional Licensor must:
    1. Follow the New Foster Home License procedures section b.-k.
    2. Verify with the agency that all licensing application materials have been submitted by the applicant within 14 days of receipt of the application.
    3. Determine the expiration date of the full license in FamLink. The expiration date documented in FamLink is three years minus one day. The start date is the day after the provisional expedited license was closed.
    4. Provide a paper copy of the Foster Home License DSHS 10-010 and Foster Parent ID cards to the foster parent following supervisor approval.
    5. Notify the IV-E specialist that the home is now fully licensed.
  5. Renewal for GCF or CPA
    The Regional Licensor must:
    1. Send a courtesy renewal notice to the agency 120 days in advance of the license expiration date. For applications received prior to the expiration date, the license remains in effect until DLR completes the renewal.
    2. Verify the Application for Child Care Agency License DSHS 10-408 and renewal materials are complete.
    3. Document compliance with all applicable items on the designated checklist. Areas of non-compliance are documented on a Compliance Agreement DSHS 10-248.
    4. Complete c-l requirements in the New Licenses for GCF and CPA section.
  6. Renewals for CPA Foster Homes
    The Regional Licensor must:
    1. Send a courtesy email to the private agency if a renewal application has not been received within one month of the license expiring.
    2. Contact the agency if an application has not been received within one day of the license expiration date.
    3. Close the license if a signed application is not received by the license expiration date. If there are children in placement, the regional licensor must notify the placement worker that the license has been closed.
    4. Verify that a Family Home Study Application DSHS 10-354 has been received and that a background authorization form and fingerprints are completed for all household members 16 years and older.
    5. Complete FamLink person search and CA file review on all persons, of any age, living in the home, or who are being cleared to provide substitute care for children.
    6. Review the renewal materials provided by the private agency.
    7. Submit the file for supervisory review.
    8. Issue a license based on the CPA’s certification of a foster home meeting MLR.
    9. Provide a paper copy of the license and Foster Parent ID cards to the agency for the foster parent following supervisor approval.
    10. The regional licensor must verify the following information is in the CPA Foster Home paper file for a renewal: :
      1. Certification for License of Foster Home DSHS 10-016 
      2. Family Home Study Application DSHS 10-354
      3. Home Study File Checklist DSHS 10-182
      4. Foster Home Inspection Checklist DSHS 10-183
      5. Home Study
      6. Emergency Evacuation Plan DSHS 16-204
      7. Background Authorizations DSHS 09-653; 16 years and older and
      8. Fingerprints; 16 years and older 
      9. Administrative Review’s collateral information for crimes and/or negative actions, if applicable
      10. Verification of required trainings
      11. Licensing and Safety Supervision Plan DSHS 10-419, if applicable
  7. Moves for GCF
    Regional Licensors must:
    1. Verify the Application for Child Care Agency License or Certification DSHS 10-408 is complete.
    2. Review the agency floor plan and evacuation procedures for compliance with the MLR.
    3. Verify that all agency staff have a background check completed following the 6800 Background Check policy.
    4. Complete a physical inspection of the agency using the designated checklist.
    5. Request an inspection from the DOH and the WSPs Fire Protection Bureau for all GCF with the exception of Staffed Residential Homes licensed for five or fewer children. Approved inspections must be documented prior to license issuance. Additional inspections may be requested if concerns are noted.
    6. Document compliance with all applicable items on the designated checklist. Areas of non-compliance are documented on a Compliance Agreement DSHS 10-248.
    7. The new facility must be licensed and operating prior to children being moved.
    8. The regional licensor may issue a new three-year license in lieu of amending the license if the license expires within six months of the move. The renewal paperwork is required to complete this license.
    9. Provide a paper copy of the license to the agency following supervisory approval.
  8. Moves for CPA
    Regional Licensors must:
    1. Verify the Application for Child Care Agency License or Certification DSHS 10-408 is complete.
    2. Verify that all agency staff have a background check completed following the 6800 Background Check policy.
    3. Complete a physical inspection of the agency.
    4. Document compliance with all applicable items on the designated checklist. Areas of non-compliance are documented on a Compliance Agreement DSHS 10-248.
    5. The regional licensor may issue a new three-year license in lieu of amending the license if the license expires within six months of the move. The renewal paperwork is required to complete this license.
    6. Provide a paper copy of the license to the agency following supervisory approval.
  9. Moves for Child Placing Agency Foster Homes
    See Foster Home Family Moves located in the 5120. Licensing State Foster Homes policy.
  10. CPA Foster Home Change in Circumstances
    The Regional Licensors must:
    1. Review the private agency’s assessment of the foster home that had a change in circumstance affecting their parenting.
    2. Require the agency to complete the Foster Home Re-Assessment DSHS 10-405 or update the home study.
    3. Staff the change in circumstance with the DLR supervisor and private agency licensor to determine the appropriate licensing action (Foster Home Re-assessment, license modification, or new three-year license).
    4. The regional licensor may modify the license depending on the circumstances, evaluation of the regional licensor and CPA Licensor, or by request of the licensee.
  11. Health and Safety Monitoring
    1. The regional licensors must complete six-month health and safety reviews on all contracted Behavioral Rehabilitative Services (BRS) CPA and GCF.
    2. For GCF and CPA contracted with BRS, regional licensors must:
      1. Complete a site inspection using the designated checklist for the type of license.
      2. The six-month health and safety reviews are not required for a BRS provider for the review period following completion of a Comprehensive Review or renewal.
      3. Document the six-month health and safety reviews in a FamLink provider note with the activity “Regional Licensing Health and Safety.”
      4. Review other documents and conduct interviews as necessary. 
      5. Complete a review of a minimum of three child files during at least one of the six-month health and safety monitoring visits.
      6. Complete a review of a minimum of three personnel files during at least one of the six-month health and safety monitoring visits.
      7. For GCF, regional licensors must also:
        1. Complete a review of storage, administration, and documentation related to medication.
        2. Complete 10% percent of the six-month health and safety monitoring visits unannounced.
    3. For all facilities serving homeless youth, the regional licensors must complete a health and safety review every three years beginning at or around 18 months after entering into a new license or during each renewal (mid-licensing) period. These facilities include overnight youth shelters and facilities that have a contract through the Department of Commerce for HOPE beds.
    4. For GCF serving homeless youth, regional licensors must:
      1. Complete a review of a minimum of three personnel files using the appropriate checklist during the mid-licensing health and safety monitoring visits.
      2. Complete a review of storage, administration and documentation related to medication.
      3. Document the mid-licensing health and safety reviews in a FamLink provider note with the activity “Regional Licensing Health and Safety.”
      4. Review other documents and conduct interviews as necessary. 
      5. Complete a review of a minimum of three child files using the appropriate checklists during the mid-licensing health and safety monitoring visits.
      6. Complete 10% percent of the mid-licensing health and safety monitoring visits unannounced.
  12. Comprehensive Review
    The regional licensor must participate in comprehensive reviews for contracted BRS providers or contracted and/or licensed providers. See 5140. Comprehensive Reviews.
  13. Overcapacity/Age/Gender Administrative Approvals
    The regional licensor must review the Overcapacity Administrative Approval DSHS 15-349 form in FamLink to approve or deny placements outside the license capacity for private agency foster homes. Overcapacities for respite will be completed on the form DSHS 15-349. Once approved the regional licensor will send the agency a copy of the DSHS 15-349.
    NOTE: Overcapacities for GCF require a waiver approved by the DLR administrator or designee.
  14. No Referral Process
    The Regional Licensor must:
    1. Create a “no referral” when an agency or licensee requests no additional placements be made in a CPA foster home.
    2. Staff with the DLR supervisor if the agency is not in agreement with the “no referral” and if there is a safety, health or well-being concern to determine whether to recommend a “no referral.”
    3. When recommending a “no referral” on a CPA foster home:
      1. Notify Division of Children and Family Services (DCFS), and other involved agencies.
      2. If approved, inform all involved CPA, DCFS, Developmental Disabilities Administration (DDA) staff, and tribes when a decision is made not to place.
      3. Complete a letter to the foster parents notifying them that no more placements will be made in their home and send to the DCFS regional administrator (RA) or designee for approval. If approved, the DCFS RA or designee must send the letter to the foster parent and notify the DLR worker.
      4. Create a “no referral” in FamLink.
    4. When lifting a “no referral” on a CPA foster home that was previously approved by DCFS:
      1. Notify the DLR administrator or designee and DCFS RA or designee for approval. If approved, the DLR worker will remove the "no referral" in FamLink.
      2. Notify the foster parent.
      3. Notify the placement desk
    5. When recommending a “no referral” on a GCF:
      1. Staff with the DLR administrator or designee.
      2. If approved, inform all involved DCFS, DDA staff, and tribes when a decision is made not to place.
      3. Complete a letter to the GCF notifying them that no more placements will be made in the facility and send to the DCFS RA or designee for approval. If approved, the DCFS RA or designee must send the letter to the agency and notify the DLR worker.
      4. Notify DCFS, and other involved agencies.
      5. Create a “no referral” in FamLink.
    6. When lifting a “no referral” on a GCF that was previously approved by DCFS:
      1. Notify the DLR administrator or designee and DCFS RA or designee for approval. If approved, the DLR worker will remove the “no referral” in FamLink.
      2. Notify the foster parent.
      3. Notify the placement desk.
    7. For facilities that do not accept placement of children in care and custody of the department, staff with DLR supervisor and assistant attorney general for possible summary legal action if health and safety of children is at risk.

Forms

NOTE: Forms that are not linked are on the CA intranet under DLR Programs, DLR Forms.

Resources

  • DLR Performance Goals located on the CA intranet under DLR Programs.
  • THERE IS NO CURRENT CHECKLIST FOR GROUP RECEIVING CENTER OR DAYTREATMENT SERVICES*
  • WAC 388-145 Group Care Facilities minimum licensing requirements
  • WAC 388-147 Child-placing agencies and adoption centers minimum licensing requirements
  • WAC 388-148 Child foster homes minimum licensing requirements