3.20.90 Adverse Actions on Foster Home Licenses, Kinship Licenses, and Group Care Licenses

Applies to:  This policy applies to Licensing Division (LD) workers. 

Chapter Number & Title:  3.20 Foster Care      

Policy Number & Title:  3.20.90 Adverse Actions on Foster Home Licenses, Kinship Licenses, and Group Care Licenses 

Effective Date: October 15, 2024 

Purpose 

The purpose of this policy is to provide guidance to LD workers when licensing violations occur in licensed foster or kinship homes or group care facilities that affect the health, safety, and well-being of children and youth placed in their care.

Authority

RCW 43.20A.205  Denial, suspension, revocation, or modification of license
RCW 74.14A.020  Services for emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict
RCW 74.15.010  Declaration of purpose
RCW 74.15.130  Denial, suspension, revocation, modification-procedures-adjudicative proceedings-penalties
WAC 110-145-1390  Will you license or continue to license me if I violate licensing regulations
WAC 110-145-1395  Are there exceptions made if I do not meet the licensing requirements
WAC 110-145-1400  Must prospective and current staff and volunteers be disqualified from having access to the children in my facility
WAC 110-145-1405  What may I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check.
WAC 110-145-1410  How do I appeal the decision of the office of administrative hearing’ administrative law judge
WAC 110-145-1415  Can I be issued a probationary license
WAC 110-148-1625  Will you license or continue to license me if I violate licensing requirements 
WAC 110-148-1635  Can people living in my home be disqualified from having access to the children in my care
WAC 110-148-1640  Are there any other reasons that might cause me to lose my license.
WAC 110-148-1645  What may I do if I disagree with your decision to modify, deny, suspend, or revoke my license, or to disqualify my background check
WAC 110-148-1650  How do I appeal the decision of the office of administrative hearings' administrative law judge

Policy

 LD workers: 

  1. Must complete the following when a licensing violation occurs in a licensed foster or kinship home or group care facility that affects the health safety and well-being of children or youth placed in their care: 
    1. Review LD jurisdiction on:
      1. Foster and Kinship licenses, and licensing applications follow WAC 110-148-1625.
      2.  Group Care follow WAC 110-145-1390.
    2. Maintain jurisdiction on foster or kinship licenses, group care facility licenses, and licensing applications, even if individuals:
      1. Request to withdraw their licensing application.
      2. Surrender their license.
      3. Fail to renew their license.
    3. Take an adverse action on the license, e.g., deny, suspend, or revoke a license when it has been determined that a licensee cannot provide care for children or youth in a manner that meets their safety, health, and well-being, per:
      1. WAC 110-148-1625 for foster and kinship licenses. 
      2. WAC 110-145-1390 for group care facility licenses. 
    4. Deny individuals from having unsupervised contact with children and youth in out-of-home care if they do not meet requirements in both:
      1. RCW 74.15.010
      2. Chapter 110-148 WAC for foster and kinship licenses or Chapter 110-145 WAC for group are facility licenses. 
  2. Send a certified letter when a decision is made to modify, deny, suspend, or revoke a license.
  3. May complete the following when a violation has occurred in a licensed foster or kinship home or group care facility:
    1. Limit or restrict a license or require the licensee to enter into a compliance agreement to verify the safety, health, and well-being of children and youth in their care.
    2. Suspend or revoke a license if a foster or kinship home or group care facility has one or more of the following without prior LD worker approval:
      1. More foster children or youth than allowed on their license.
      2. Foster children or youth of different ages or genders than the license allows.    

Original Date:  September 27, 1974   

Revised Date:  October 15, 2024

Review Date:  October 31, 2028          

Approved by:  Ruben Reeves, Assistant Secretary of Licensing Division