October 10, 2017

Scheduled Hearing Dates: 
October 10, 2017 10:00am

Rule-Making Hearing Docket

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Select the WAC number to view or print a copy of the CR-102 form and the rule text. Send all comments on the rule to the Rules Coordinator. If you have questions about the rule send a message to the contact person.

Rule Title/Subject Contact Person Washington State Register Citations

Chapter 388-78A WAC

The department is amending these rules to conform to current department practice related to management agreements.  For example, the department is removing language indicating that the department approves all management agreements.

Jeanette Childress
360-725-2591
Preproposal notice filed as WSR 17-09-020
Proposed rules filed as WSR 17-18-113
Hearing Date: October 10, 2017

Chapters 388-825, 828, 845 WAC

The proposed amendments to these rules clarify language and correct outdated information, including removing prevocational services. Removing prevocational services from these rules is part of Washington’s Statewide Transition Plan and complies with ESSB 6052 and 42 C.F.R Section 441.301(c)(4)-(5). These amendments also distinguish Washington State’s minimum wage from other minimum wages, such as SEA-TAC’s regional minimum wage. This is not a change in the department’s interpretation of minimum wage, but a clarification in response to recent changes in the state that may allow for multiple interpretations as there are multiple minimum wages in Washington. These amendments are also needed for consistency with amendments to WAC 388-845-0603 filed under permanent rule adoption order WSR 17-08-102.

Chantelle Diaz
(360) 407-1589
Preproposal filed as WSR 17-07-091
Proposed rules filed as WSR 17-18-067
Hearing Date: October 10, 2017 (Olympia) and October 11, 2017 (Kennewick)

WAC 388-15-009

PL 114-22 amended the Child Abuse Prevention and Treatment Act (CAPTA), a federal law for state receipt of federal funds, to require that a child be considered a victim of “child abuse and neglect” and of “sexual abuse” if the child is a victim of sex trafficking.  To continue to qualify for federal funds, WAC 388-15-009 must be changed to incorporate sex trafficking, and this change must be implemented by May 29, 2017.  These changes also align with anticipated changes to the Washington State Criminal Code. In addition, the Washington State Court of Appeals has issued two published opinions related to RCW 26.44.020(1) and (16): Marcum v. Dep’t. of Soc. and Health Svcs., 172 Wn. App. 546, 290 P.3d 1045 (2012), and Brown v. Dep’t. of Soc. and Health Svcs., 190 Wn.App. 572, 360 P.3d 875 (2015). Therefore, additional changes are being made to WAC 388-15-009 to clarify the Department’s interpretation of RCW 26.44.020(1) and (16) in light of those published opinions. Additional changes are being made to strengthen and clarify the existing language.

Stephanie Frazier
(360) 902-7922
Preproposal filed as WSR 17-10-006
Proposed rules filed as WSR 17-18-062
Hearing Date: October 10, 2017

Chapter 388-145, 148 WAC

The intent of amending WAC 388-145-1555(5), WAC 388-145-1600(4), WAC 388-145-1665(4), WAC 388-145-1675(1,2) and WAC 388-148-1465(3,6) is to provide further instructions on fire safety and to align the Division of Licensed Resources (DLR) WACs with the current building code requirements. The intent of amending WAC 388-148-1470(14,15) and WAC 388-148-1515(9) is to include additional safety requirements regarding the use of weighted blankets and to clarify that neither formula nor breast milk can be warmed in the microwave oven. This WAC change is specific to infant and child safety and was recommended by the Children's Administration Regional Medical Consultants.

Kristina Wright
(360) 902-8349

Preproposal filed as WSR 17-14-018
Proposed rules filed as WSR 17-18-035
Hearing Date: October 10, 2017

Contact the DSHS Rules Coordinator to:

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Rules Coordinator

Rules and Policies Assistance Unit
PO Box 45850
Olympia, WA  98504-5850
Phone: (360) 664-6097
Fax: (360) 664-6185
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