wa-26-19-019: Children, Youth, and Families, Department of — WSR 26-19-019

WSR 26-19-019 (26-19)WSR 26-19-019PROPOSED RULESDEPARTMENT OFCHILDREN, YOUTH, AND FAMILIES[Filed September 4, 2026, 12:04 p.m.]Supplemental Notice to WSR 26-08-090.Preproposal statement of inquiry was filed as WSR 24-19-029.Title of Rule and Other Identifying Information: The licensing division (LD) is amending the following sections in chapter 110-148 WAC, Licensing requirements for foster homes: WAC 110-148-1305 Definitions, 110-148-1375 Preservice, first-aid, CPR, and bloodborne pathogens training requirements, 110-148-1475 Shared bedrooms, 110-148-1500 Firearms, ammunition, and other weapons, 110-148-1520 Meeting the needs of children and youth, and 110-148-1605 Supervision of children and youth when foster parents are away from home and not in respite care.Hearing Location(s): On October 27, 2026, telephonic. Comments can be made by calling 360-972-5385 and leaving a voicemail that includes the comment, emailing the rules coordinator, or submitting comments to the online comment application linked below. All comments must be received by the date and time listed below.Date of Intended Adoption: October 28, 2026.Submit Written Comments to: Department of children, youth, and families (DCYF) rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, beginning September 11, 2026, at 8:00 a.m., by October 27, 2026, at 11:59 p.m.Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, email dcyf.rulescoordinator@dcyf.wa.gov, relay 711, by October 20, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: LD is amending chapter 110-148 WAC, Licensing requirements for foster homes, to align with the D.S. Settlement Agreement and the DeGross permanent injunction. This required amending these rules to make them more developmentally appropriate and flexible to meet the individual children's and youth's needs. This project worked with stakeholders to identify areas that needed clarification and make general housekeeping updates. Reasons Supporting Proposal: LD engaged in negotiated rule making (NRM) to complete this rule-making project. The NRM process included foster parents, tribal nations through the office of tribal relations, DCYF employees, individuals with lived experience as children or youth served by DCYF, and several other community partners. LD worked to reach consensus on every section that was negotiated. When consensus could not be reached, LD attempted to make decisions to reach a compromise in an effort to improve the care for children and youth. LD believes these changes will empower licensed foster parents to provide high quality care that supports the health, safety, and well-being of the children and youth they serve.Statutory Authority for Adoption: Chapters 13.34, 74.13, and 74.15 RCW; and RCW 26.44.020.Rule is necessary because of federal court decision, D.S. v. Washington State Department of Children, Youth, and Families, No. 2:21-cv-00113-BJR (W.D. Wash. 2021); DeGross v. Senn, No. 3:24-cv-05225-DGE (W.D. Wash. 2026).Name of Proponent: DCYF, governmental.Name of Agency Personnel Responsible for Drafting: Marjorie Trudnowski, Bremerton, 360-979-8293; Implementation and Enforcement: Statewide.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.Is exempt under RCW 19.85.025(4).Scope of exemption for rule proposal:Is fully exempt.September 4, 2026Brenda VillarrealRules CoordinatorRDS-7313.5AMENDATORY SECTION(Amending WSR 24-18-052, filed 8/28/24, effective 9/28/24)WAC 110-148-1305((What definitions do I need to know to understand this chapter?))Definitions.The following definitions ((are for the purpose of this chapter and are important to understanding these requirements))apply to this chapter:"Abuse or neglect" means the ((injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child))same as defined in RCW 26.44.020."Adults" means ((a person))individuals 18 years ((of age and))old or older((,)) not in the care of the department."Agency" ((is))means the same as defined in RCW 74.15.020(((1)))."Applicants" means individuals applying to receive a foster home license."Asexual" means the lack of a sexual attraction or desire for other individuals."Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders."Capacity" means the age range and maximum number of children and youth on ((your))the current license.(("Care provider" means any person who is licensed or authorized to provide care for children, and cleared to have unsupervised access to children under the authority of a license."Case manager" means the private agency employee who coordinates the planning efforts of all the persons working on behalf of a child."Case plan" means a written document adhered to and followed by a foster child's parent or parents, foster parent or parents, the department, and all other caregivers. A case plan may include, but is not limited to:(a) A description of the type of home or facility in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the department plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child;(b) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate return of the child to their own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan;(c) The health and education records of the child, including the most recent information available regarding:(i) The names and addresses of the child's health and educational providers;(ii) The child's grade level performance;(iii) The child's school record;(iv) A record of the child's immunizations;(v) The child's known medical conditions;(vi) The child's medications; and(vii) Any other relevant health and education information concerning the child determined to be appropriate by the department;(d) Relevant professional assessments of the child;(e) Court orders concerning the child; and(f) Any other relevant plan, assessment, knowledge, material, or information concerning the child determined to be appropriate by the department.))"Cardiopulmonary resuscitation (CPR)" means an emergency lifesaving procedure performed when an individual's breathing or heartbeat has stopped."Caseworkers" means the ((primary)) agency workers assigned to the ((child))children or youth through ((DCYF))the department or another government agency including tribal governments."Certification" means ((either)):(a) ((Our review of whether you))Kinship or foster homes supervised by a CPA that meet the licensing requirements((, even though you do not need to be licensed)); or(b) ((A licensed child placing agency (CPA) representing that a foster home being supervised by that CPA meets licensing requirements. The final decision for licensing is the responsibility of DCYF))Individuals approved by the department as certified respite providers or certified kinship respite providers."Chapter" means chapter 110-148 WAC."Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services."Child welfare (CW)" means the services or programs in the child welfare division within the department.(("Child,")) "Children," or "youth" ((for this chapter,)) means ((a person))individuals in care who ((is))are one of the following:(a) ((Under))Younger than 18 years ((of age))old;(b) Up to ((21))22 years ((of age))old and enrolled in services through ((department of social and health services, developmental disabilities administration (DDA)))DDA the day prior to ((his or her))their 18th birthday and pursuing either a:(i) High school or equivalency course of study (((GED/HSEC), or vocational program))concluding at the end of the school year in which the student turns 22 years old; or(ii) Vocational program concluding at the end of the school year in which the student turns 22 years old; or(c) Up to 21 years ((of age and participates))old:(i) When participating in the ((extended foster care))EFC program; or(((d) Up to 21 years of age with intellectual and))(ii) With developmental disabilities((;(e) Up to 25 years of age and under the custody of juvenile rehabilitation."Child placing agency (CPA)" means an agency or tribe licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services."Child welfare" or "CW" means the division of child welfare within DCYF. CW provides case management to children and families involved in the child welfare system))."Compliance agreement" means a written improvement plan ((to address the changes needed)) to meet licensing requirements in this chapter.(("DDA" means the department of social and health services, developmental disabilities administration."Department of children, youth, and families (DCYF)" or "department" means the Washington state department of children, youth, and families."Developmental disability" is a disability as defined in RCW 71A.10.020."FBI" means the Federal Bureau of Investigation."Foster home or foster family home" means a person(s) licensed to regularly provide 24-hour care in their home to children.))"Controlled substances" means the same as in RCW 69.50.101."Department" means the Washington state department of children, youth, and families."Developmental capabilities" means the combined physical, cognitive, social, emotional, spiritual, and communication capabilities of children or youth that evolve over time."Developmental disabilities administration (DDA)" means the developmental disabilities administration in the department of social and health services."Developmental disability" means the same as defined in RCW 71A.10.020."Early periodic screening, diagnosis, and treatment (EPSDT)" means an early periodic screening, diagnosis, and treatment exam completed by a licensed health care provider."Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children or youth to monitor their behavior."Emergency medication" means medication used to treat conditions that may carry a high risk of mortality or long-term negative impacts on individuals' daily functions or quality of life."Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency."Extended foster care (EFC)" means the same as defined in RCW 74.13.020."Firearms" means a weapon or device designed to cause bodily harm or physical damage from which projectiles may be fired by an explosive such as gunpowder. These include, but are not limited to, handguns, rifles, and shotguns."Foster homes" or "foster parents" means individuals licensed through this chapter to provide 24-hour substitute care in their homes to children or youth."Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community."Gender" or "gender identity" means an individual's inner sense of being a female, male, a blend of both or neither, or another gender. This may or may not correspond with an individual's sex assigned at birth."Gender expression" means individuals' outward communication of their gender through behavior or appearance. This may or may not conform to their sex assigned at birth or socially defined behaviors and characteristics typically associated with being either masculine or feminine.(("Gender fluid" means individuals whose gender identities are flexible, not permanent.))"Guardians" ((has the same meaning in this chapter))means the same as defined in RCW ((26.33.020(11)))13.34.030.(("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."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.))"Inaccessible" means a method to prevent children and youth from reaching, entering, using, or getting to items, areas, or materials in the home."Indian children" means the same as defined in WAC 110-110-0010."Infants" means ((a child less than 12 months of age))children from birth to one year old.(("Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.))"Intersex" ((is))means an umbrella term used to describe a wide range of natural bodily variations when the body is born with a combination of chromosomes, internal organs, or external genitalia that do not develop as expected."Lesbians" means females or women who have an emotional or physical attraction for other females or women."LGBTQIA+" means lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual. The "+" represents identities not specifically named in the LGBTQIA acronym, ((e.g.))including, pansexual, gender nonbinary, and Two-Spirit."License" means a permit issued by ((us confirming that you and your home))the department when foster homes meet the licensing ((standards))requirements established in this chapter."Licensed health care providers" means ((a)) medical doctors(((MD))), doctors of osteopathy (((DO))), doctors of naturopathy (((ND))), physician's assistants(((PA))), or ((an)) advanced registered nurse practitioners(((ARNP)))."Licensing division (LD)" means the division ((within DCYF that licenses and monitors foster homes, child placing agencies, and licensed group care facilities))in the department that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians."Licensors" means either:(a) ((A)) LD employees who recommend((s)) approvals for((,)) or monitor((s)) licenses or certifications for foster homes, licensed kinship homes, residential private schools, facilities, and agencies established under this chapter; or(b) ((An employee of a)) CPA employees who ((certifies))certify or monitor((s)) foster homes or kinship homes supervised by the CPA.(("Maternity services" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.))"Location tracking" means the process of monitoring the physical location of individuals using technology."Medically fragile" means the condition of ((a child))children or youth who require((s)) the availability of 24-hour skilled care from a health care professional or specially trained family or foster family member. ((These conditions may be present all the time or frequently occurring.)) If the technology, support, and services being received by the medically fragile children or youth are interrupted or denied, ((the child))they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring."Missing ((child))children" means any child ((less than 18 years of age in licensed care)) or youth under the placement, care, ((custody,)) and authority of ((DCYF and the child's))the department whose whereabouts are unknown or ((the child))who has left care without the permission of ((the child's caregiver or DCYF))their foster parents, the department, or tribal government. This does not include children or youth in dependency guardianships.(("Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.))"Nonbinary" ((is))means a term of self-identification for individuals who do not identify within the limited and binary terms that have described gender identity, e.g., female and male. Nonbinary is also an umbrella term for many identities such as gender expansive, gender fluid, and genderqueer."Other weapons" means instruments other than firearms intentionally designed to cause bodily harm or physical damage. These include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, and archery equipment."Out-of-home ((placement))care" means ((a child's placement in a home or facility other than the home of a child's parent, guardian, or legal custodian))the same as defined in RCW 13.34.030."Over-the-counter medications" means drugs that can be obtained without a prescription and their use is not restricted by a licensed health care provider. For the purpose of this chapter this includes, but is not limited to, herbal supplements, vitamins, eye drops, ointments, and pain relievers."Parents" ((has the same meaning in this chapter))means the same as defined in RCW 26.26A.010(((15)))."Probationary licenses" 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))the same as defined in RCW 74.15.020."Professional therapeutic foster care (PTFC)" means ((a)) foster homes((that is)) certified by a CPA to provide PTFC services."Property" or "premises" means ((your buildings and grounds adjacent to your residential property that are owned or managed by you))homes, buildings, and grounds, including those adjacent to the residential property, that are owned, rented, or managed by the applicants or licensees."Psychotropic medication" means a type of medicine prescribed to affect or alter thought processes, mood, sleep, or behavior. These include anti-psychotic, anti-depressant, and anti-anxiety medications."Queer" ((is a term used to express))means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals."Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age."Relatives" means ((a person who is related to a child as defined in RCW 74.15.020))the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2), or caregivers of Indian children who are defined by tribal code or customs as relatives or extended family."Respite" means ((brief, temporary relief care provided by an in-home or out-of-home provider paid by the department. The respite provider fulfills some or all of the care provider responsibilities for a short time))the same as defined in RCW 74.13.270 including, but not limited to, appropriate, temporary, short-term care provided to a licensed foster parent or licensed kinship caregiver paid by the department."Sexual orientation" means an individual's emotional or physical attraction to other individuals.(("SOGIE" is an acronym for sexual orientation, gender identity, and expression which are))"Sexual orientation, gender identity, and expression (SOGIE)" means distinct identifiers everyone has. LGBTQIA+ is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals."Transgender" ((is))means an umbrella term for individuals whose gender identity or expression is different from cultural expectations based on the sex they were assigned at birth. Gender-affirming medical care is not a prerequisite to identify as transgender. Being transgender does not imply any specific sexual orientation.(("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.))"Tuberculosis (TB)" means a contagious infection caused by the Mycobacterium tuberculosis bacteria."Two-Spirit" means a modern((, pan-indigenous)) umbrella term used by some ((indigenous North Americans to describe Native people))Native Americans to describe Native American individuals in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being Two-Spirit does not imply any specific sexual orientation.(("Washington state patrol fire protection bureau or WSP/FPB" means the state fire marshal."We, our, and us" refers to the department of children, youth, and families, including LD and CW staff."Young child" refers to a child age 12 months through eight years old.))"Well-being file" means a collection of children's or youth's records related to their care and services while in the licensee's care.AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)WAC 110-148-1375((What training am I required to have before I become licensed?))Preservice, first-aid, CPR, and bloodborne pathogens training requirements.(((1) Before you are licensed for the first time, preservice training will be required for, at a minimum, the primary caregiver in your home.(2) All members of the household over the age of 18 who provide care must have and maintain the following training:(a) First aid;(b) Age appropriate cardiopulmonary resuscitation (CPR); and(c) Bloodborne pathogens and infection control standards consistent with educational materials published by the department of health.(3) The department-approved first aid and CPR training must be accredited with nationally recognized standards. It also must include an in-person exercise demonstrating that you are capable of performing CPR. (4) You must keep records in your home showing completed current first-aid and age appropriate CPR training for all care providers.(5) Training for CPR is not required if you have a statement from a physician that the training is not advised for medical reasons. In that case, another person with current CPR training must be on the premises when children are present.(6) Applicants with current and active medical licenses or certificates; nurses, physicians and EMS personnel, may submit their licenses or certificates to satisfy the first aid, CPR, and bloodborne pathogens requirement.))(1) Foster parents must:(a) Complete preservice training before licensure, which includes:(i) The mandatory reporting training;(ii) Medication management; and(iii) Foundational training in:(A) Culturally responsive care;(B) LGBTQIA+ affirming care; and(C) Trauma-informed care; and(b) Maintain records showing current first-aid, CPR, and bloodborne pathogens training for foster parents and caregivers in the home.(2) Foster parents and household members 18 years old and older who provide care must complete and maintain the following department approved training:(a) First aid;(b) CPR for the ages of the children and youth they are licensed for that includes an in-person demonstration; and(c) Bloodborne pathogens and infection control standards consistent with educational materials published by DOH.(3) Foster parents and others providing care are not required to complete CPR training if the following requirements are met:(a) They have a statement from a licensed health care provider advising them not to complete training for medical reasons; and(b) Another individual with current CPR training is on the premises when children and youth are present.AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)WAC 110-148-1475((What are the requirements for sharing bedrooms?))Shared bedrooms.(((1) A provider must consider what bedroom placement is in the best interest of a foster child in consultation with the child's DCYF caseworker and all other children in the household.(2) Shared bedrooms must provide enough floor space for the safety and comfort of children.(3) Foster teen parents may sleep in the same room with their children. When a teen parent and their children sleep in the same room, the room must contain at least 80 square feet of usable floor space. Only one parent and their children may occupy a bedroom.(4) No more than four children may sleep in the same room. This includes foster children and any other children.(5) Children under the age of two may share a bedroom with an adult, if it is in the best interest of the child and approved by the caseworker.(6) An individual in the extended foster care program may share a bedroom with a younger child of the same gender. If the younger child is unrelated to the individual in the extended foster care program, the younger child must be at least 10 years of age. A provider may place a child who identifies as transgender or gender fluid in a bedroom with a child of the same or similar gender identity.(7) Foster children may not share the same bedroom with a child of another gender identity unless all children are under age six. In circumstances of transgender or gender fluidity, a provider may place a child in a bedroom with another child of the same or similar gender identity.(8) An exception may be granted to subsections (3) through (6) of this section with an administrative approval if it is supported by the licensor and the child(ren)'s DCYF caseworker, and is in the best interest of the child.))(1) Foster parents allowing children and youth to share bedrooms:(a) Must:(i) Place children and youth in a bedroom with another child or youth of the same or similar gender identity, except if everyone sharing the bedroom is:(A) Younger than six; or(B) Related to each other;(ii) Consider which bedroom placement best meets the health, safety, and well-being needs of children and youth based on input from the:(A) Caseworkers; and(B) Children and youth that will be sharing bedrooms based on their developmental capabilities;(iii) Assess children's or youth's requests to move to a different bedroom and accommodate when able, unless it puts the health, safety, and well-being of any child or youth in the home at risk;(iv) Provide enough floor space for the safety and comfort of children and youth sharing bedrooms; and(v) Not allow:(A) More than four children younger than 12 years old to share one bedroom, unless they are related;(B) More than two youth 12 years old and older to share one bedroom, unless they are related; and(C) Children or youth that are currently identified as sexually aggressive or physically assaultive or aggressive in a shared bedroom with other children and youth; and(b) May allow:(i) Parenting foster youth to sleep in the same room with their children as long as:(A) The room measures at least 80 square feet of usable floor space; and(B) Only one parent and their children may occupy a bedroom;(ii) Children younger than two years old to share a bedroom with an adult if it is in the best interest of the child;(iii) Youth that turn 18 years old that were residing with another youth in the home to remain sharing rooms; and (iv) Youth in the EFC program to share a bedroom with a younger child or youth of the same gender or similar gender identity if the younger child or youth is:(A) Related to the EFC youth; or(B) At least 10 years old.(2) The department may grant an exception to subsection (1)(a)(i) and (v)(A) and (B) and (b) of this section with an administrative approval if it is:(a) In the best interest of the child or youth; and(b) Supported by the caseworker.AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)WAC 110-148-1500((Under what conditions may I have guns and weapons on my property?))Firearms, ammunition, and other weapons.(((1) You must notify your licensor if you or someone else in your home has a gun or weapon on the property. This includes but is not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.(2) You must always keep guns and ammunition out of reach of children. When at home, you must keep guns and ammunition in locked containers out of reach of children. You must store guns separate from the ammunition unless stored in a locked gun safe.(3) You must keep bows and arrows and other weapons in locked containers out of reach of children.(4) If you store guns in a container that may be easily breakable, you must secure them with a locked cable or chain placed through the trigger guards.(5) Whenever possible, we encourage you to equip guns with a trigger guard lock.(6) You must keep keys to the locked storage area of weapons secure from children.(7) Children may use a gun only if the child's DCYF caseworker approves and the youth and supervising adult has completed an approved gun or hunter safety course.))Foster parents:(1) Must follow these requirements for firearms, ammunition, and weapons in the home:(a) Notify the licensor if firearms or other weapons:(i) Are stored on the premises; or(ii) Will be used on the property;(b) Store firearms, ammunition, and weapons on the premises as follows:(i) In locked storage inaccessible to children and youth;(ii) Keeping firearms separate from ammunition unless stored in a locked gun safe;(iii) Secure firearms with a locked cable or chain placed through the trigger guards if they are stored in a container that is easily breakable; and(iv) Keep keys or security codes to the locked storage inaccessible to children and youth; and(c) When transporting firearms, ammunition, and other weapons:(i) Only allow adults to remove firearms, ammunition, and other weapons from locked storage;(ii) Keep firearms, ammunition, and other weapons inaccessible to children and youth; and(iii) Keep firearms unloaded and in locked storage or secured with a locked cable or chain placed through the trigger guards when transporting firearms in a vehicle with children and youth; and(d) Meet requirements in this subsection and follow WAC 110-148-1521 if caring for Indian children; and(2) May:(a) Allow children and youth to use firearms if they meet the following requirements:(i) Their caseworker approves;(ii) An adult approved by the caseworker is supervising; and(iii) Both the supervising adult and the child or youth have completed or are currently in an approved gun or hunter safety course;(b) Only carry a loaded weapon on their person in their home if they are required to by their profession and they are on duty; and(c) Allow EFC youth to access their firearms, ammunition, and other weapons that they legally own when they:(i) Have approval from their caseworker; and(ii) Agree to follow the storage, access, and transportation requirements in:(A) Subsection (1) of this section; and(B) Chapter 9.41 RCW.AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)WAC 110-148-1520((What services am I expected to provide for children in my care?))Meeting the needs of children and youth.(((1) You must make all reasonable efforts to ensure that children are not abused or neglected, per RCW 26.44.020(1) and chapter 110-30 WAC.(2) You must provide and arrange for care that is appropriate for the child's age, SOGIE, and development including:(a) Emotional support;(b) Nurturing and affection;(c) Structured daily routines and living experiences; and(d) Activities that promote the development of each child. This includes cultural and educational activities in your home and the community.(3) In caring for infants and young children you must:(a) Hold infants, under the age of six months, for all bottle feedings;(b) Hold infants at other times for the purposes of comfort and attention; and(c) Allow children plenty of free time outside of a swing, crib or playpen.(4) In caring for youth enrolled and participating in the extended foster care program you must:(a) Provide a youth opportunity and support for achieving independence; and(b) Allow a youth responsibility for their actions.(5) Before making significant changes in a child's appearance, you must consult with the child's DCYF caseworker. These significant changes include, but are not limited to, body piercing, tattoos, and major changes in hairstyle or color.(6) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care. You must support and engage with foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.(7) You must connect a foster child with resources that supports and affirms their needs regarding race, religion, culture, and SOGIE. These resources include emotional and developmental support for a child's ethnic identity and SOGIE, educational needs, and spiritual activities in your home and community to include tribal activities within the child's tribal community or extended tribal family. Your licensor or the child's DCYF caseworker, CPA case manager, or child's tribal ICW case manager can assist you with identifying these resources.(8) You must support a child's religion or spiritual practices by providing adequate opportunities for religious or spiritual training and allowing a child meaningful participation appropriate to the child's spiritual beliefs. You may not require any child to participate in practices against their beliefs.(9) You must support a foster child's SOGIE by using their pronouns and chosen name, and respecting the child's right to privacy concerning their SOGIE.(10) You must provide for the child's physical needs. This includes adequate hygiene, nutritional meals and snacks, and readily available drinking water. This also includes a balanced schedule of rest, active play, and indoor and outdoor activity appropriate to the age of the child in care.(11) You must guide the child to develop daily living skills according to the child's abilities and development. This may include assigning daily chores to children.(12) The department will identify a suitable case plan including permanency for children in its care and custody. You must not interfere with this plan. You may attend appropriate shared planning meetings to participate in the decision making process and provide input on the child. You may submit information about the child's permanent plan and other issues through the caregiver's report to the court.))Foster parents:(1) Must meet children's and youth's needs by providing care and arranging services as follows:(a) Make reasonable efforts to prevent abuse and neglect of children and youth, as outlined in chapter 110-30 WAC;(b) Follow state and federal laws regarding nondiscrimination while providing services to children and youth in care;(c) Consult with and follow any guidance and instructions from the caseworkers for the care and services for children and youth including, but not limited to:(i) Service plans;(ii) Permanency plans;(iii) Site-specific supervision plans;(iv) Children's or youth's individual supervision plans;(v) Receiving prior approval before making significant changes to children's and youth's appearance including, but not limited to:(A) Piercings;(B) Tattoos; and(C) Major changes in hairstyle or color; or(vi) When they identify changes needed to plans from the caseworkers to better meet children's and youth's needs;(d) Meet children's and youth's physical needs, including:(i) Adequate hygiene;(ii) Nutritious meals and snacks as outlined in WAC 110-148-1515;(iii) Readily available drinking water;(iv) A balanced schedule of rest, active play, and indoor and outdoor activities appropriate to the developmental capabilities and individual needs of the children or youth; and(v) Clean clothing that meets children's and youth's comfort and identity needs;(e) Coach children and youth on how to advocate for their needs across settings;(f) Treat children and youth in the home:(i) Equitably, based on their developmental capabilities; and(ii) With dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE;(g) Provide and arrange for care that is appropriate for children's and youth's age, race, religion, culture, ethnic identity, SOGIE, developmental capabilities, and individual needs and preferences including, but not limited to:(i) Giving them:(A) Emotional support;(B) Nurturing and affection;(C) Structured daily routines and living experiences; and(D) Activities that promote their development, including cultural and educational activities in the home and the community;(ii) Connecting them with resources that support and affirm their needs, including emotional and developmental support through their:(A) Education;(B) Spiritual activities in the home and community including, but not limited to:(I) Providing opportunities to participate in their spiritual beliefs and religious or spiritual education; and(II) Not requiring them to participate in practices against their beliefs; and(C) Tribal activities within their tribal community or extended tribal family; and(iii) Supporting their SOGIE by respecting their right to privacy;(h) If the requirements in (g) of this subsection interfere with foster parents' sincerely held religious beliefs pertaining to marriage, gender, or sexual relationships, they must provide or arrange for care that is appropriate for the children and youth by:(i) Connecting them with resources and supports in the home and community;(ii) Refraining from impeding the department, tribes, or other support persons from facilitating their connection to and engagement with resources and supports; or(iii) A combination of (i) and (ii);(i) Guide children and youth to develop daily living skills based on their developmental capabilities. This may include assigning them daily chores as long as the chores:(i) Provide appropriate teaching and opportunities to learn basic life skills; and(ii) Are directly related to the essential upkeep of children's and youth's individual and shared household spaces;(j) When caring for infants and young children:(i) Hold infants age birth through five months for bottle feedings;(ii) Hold infants at other times for the purposes of comfort and attention; and(iii) Allow children plenty of free time outside of a swing, crib, or playpen; and(k) When caring for youth in EFC, follow the requirements in WAC 110-148-1535; and(2) May:(a) Attend meetings with the department to participate in the decision-making process and provide information on the children or youth;(b) Submit information about the children's or youth's permanency plan and other issues through the caregivers' reports to the court; and(c) Request assistance from caseworkers with identifying resources to support and affirm children's and youth's needs regarding race, religion, culture, and SOGIE.AMENDATORY SECTION(Amending WSR 22-11-091, filed 5/18/22, effective 6/18/22)WAC 110-148-1605((Who can watch my foster child when I am away from home?))Supervision of children and youth when foster parents are away from home and not in respite care.(((1) You may use a respite provider as defined in WAC 110-148-1600 to watch your foster child when you are away from home.(2) You may also use a friend or relative as a substitute care provider for foster children when you are away from home without arranging for a background check. Substitute care provided on an occasional basis for less than 72 hours will be at your own expense. You may use a substitute care provider only when you have no reason to suspect that the provider would be a risk to children and has no founded child abuse or neglect history or criminal history that would disqualify him or her from caring for children. You must also:(a) Be familiar and comfortable with the substitute care provider who will be caring for the child;(b) Meet the substitute care provider and review the expectations regarding supervision and discipline of the foster children;(c) Provide the substitute care provider any special care instructions; and(d) Tell the substitute care provider how to contact you in case of an emergency.(3) If care by the substitute care provider is a regular arrangement, you must have written approval from the child's DCYF caseworker. The substitute care provider must provide evidence of a cleared Washington state patrol background check and meet additional requirements for members of the household as defined in WAC 110-148-1320 (2) and (4).(4) Based on the special needs of a child, the DCYF caseworker may require the substitute care provider to have additional skills or training.(5) Teenagers, age sixteen and seventeen, who meet all requirements stated in this section, may supervise no more than three foster children.(6) Foster children may provide short-term babysitting for children not in foster care. Sexually aggressive and physically assaultive youth must not babysit children.))When foster parents are away from home and not using respite care, they:(1) May allow:(a) Individuals who are not respite providers to supervise children and youth in their absence if they:(i) Meet the prudent parenting standard for normal childhood activities as outlined in RCW 74.13.710; or(ii) Do not meet the prudent parenting standard outlined in RCW 74.13.710 and they complete the following:(A) A background check, per chapter 110-04 WAC; and(B) Any training needed identified by the caseworkers to meet the specialized care needs of any children or youth being supervised;(b) Youth in care who are 14 years old or older to babysit children and youth not in care if they agree, except:(i) If they have a supervision plan that does not allow babysitting; or(ii) When allowed in WAC 110-148-1521; and(c) Youth who are 16 or 17 years old not in care to babysit three or fewer children or youth, including children and youth in care and the household; and(2) Must meet with the individuals supervising children or youth who are not respite providers to give them:(a) Any special care instructions, including expectations regarding supervision and discipline;(b) Location of the emergency plan and first-aid kit; and(c) Their contact information.