wa-law.org > bill > 2025-26 > HB 2253 > Original Bill
The department may issue a probationary license to a licensee who has had a license but is temporarily unable to comply with a rule or has been the subject of multiple complaints or concerns about noncompliance if:
The noncompliance does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue; and
The licensee has a plan approved by the department to correct the area of noncompliance within the probationary period.
A probationary license may be issued for up to six months, and at the discretion of the department it may be extended for an additional six months. The department shall immediately terminate the probationary license, if at any time the noncompliance for which the probationary license was issued presents an immediate threat to the health or well-being of the children.
The department may, at any time, issue a probationary license for due cause that states the conditions of probation.
An existing license is invalidated when a probationary license is issued.
At the expiration of the probationary license, the department shall reinstate the original license for the remainder of its term, issue a new license, or revoke the original license.
A right to an adjudicative proceeding shall not accrue to the licensee whose license has been placed on probationary status unless the licensee does not agree with the placement on probationary status and the department then suspends, revokes, or modifies the license.
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The department may issue a child-specific license to:
A relative, as defined in RCW 13.36.020, or a suitable person, as defined in RCW 13.36.020, who opts to become licensed for placement of a specific child and that child's siblings or relatives in the department's care, custody, and control;
An Indian child's family or extended family member as defined in RCW 13.38.040 who opts to become licensed for placement of a specific Indian child and that child's siblings or relatives in the custody of an Indian tribe as defined in RCW 43.376.010 or the tribe's child placing agency; or
A relative, as defined in RCW 13.36.020, or close family friend for a placement of a specific child in the care and custody of another state and who is to be placed in Washington state through the interstate compact on placement of children, chapter 26.34 RCW.
Such individuals must meet all minimum licensing requirements for foster family homes established pursuant to RCW 74.15.030 and are subject to child-specific license criteria, which the department is authorized to establish by rule.
For purposes of federal funding, a child-specific license is considered a full license with all of the rights and responsibilities of a foster family home license, except that at the discretion of the department the licensee may only receive placement of specific children pursuant to (a) of this subsection.
A child-specific license does not confer upon the licensee a right to placement of a particular child, nor does it confer party status in any proceeding under chapter 13.34 RCW.
The department shall seek input from the following stakeholders during the development and adoption of rules necessary to implement this section: Representatives from the kinship care oversight committee, an organization that represents current and former foster youth, an organization that represents child placing agencies, and a statewide advisory group of foster youth and alumni of foster care. The department shall seek tribal input as outlined in the department's government-to-government policy, per RCW 43.376.020.
Upon any placement, the department shall inform each out-of-home care provider if the child to be placed in that provider's care is infected with a blood-borne pathogen, and shall identify the specific blood-borne pathogen for which the child was tested if known by the department.
All foster family homes and group care providers licensed by the department shall receive training related to blood-borne pathogens, including prevention, transmission, infection control, treatment, testing, and confidentiality.
Any disclosure of information related to HIV must be in accordance with RCW 70.02.220.
The department of health shall identify by rule the term "blood-borne pathogen" as used in this section.
The definitions in this section apply throughout this chapter and RCW 74.13.031 unless the context clearly requires otherwise.
"Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers, or persons with developmental disabilities for services rendered:
"Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;
"Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;
"Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 43.185C.295 through 43.185C.310;
"Emergency respite center" is an agency that may be commonly known as a crisis nursery, that provides emergency and crisis care for up to seventy-two hours to children who have been admitted by their parents or guardians to prevent abuse or neglect. Emergency respite centers may operate for up to twenty-four hours a day, and for up to seven days a week. Emergency respite centers may provide care for children ages birth through seventeen, and for persons eighteen through twenty with developmental disabilities who are admitted with a sibling or siblings through age seventeen. Emergency respite centers may not substitute for crisis residential centers or HOPE centers, or any other services defined under this section, and may not substitute for services which are required under chapter 13.32A or 13.34 RCW;
"Foster family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;
"Group-care facility" means an agency, other than a foster family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis. "Group care facility" includes but is not limited to:
Qualified residential treatment programs as defined in RCW 13.34.030;
Facilities specializing in providing prenatal, postpartum, or parenting supports for youth; and
Facilities providing high quality residential care and supportive services to children who are, or who are at risk of becoming, victims of sex trafficking;
"HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated. No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
"Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;
"Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor. Dependent minors ages fourteen and fifteen may be eligible if no other placement alternative is available and the department approves the placement;
"Service provider" means the entity that operates a community facility.
"Agency" shall not include the following:
Persons related to the child, expectant mother, or person with developmental disability in the following ways:
Any blood relative, including those of half-blood, and including first cousins, second cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
Stepfather, stepmother, stepbrother, and stepsister;
A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;
Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection (2), even after the marriage is terminated;
Relatives, as named in (a)(i), (ii), (iii), or (iv) of this subsection (2), of any half sibling of the child; or
Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;
Persons who care for a neighbor's or friend's child or children, with or without compensation, where the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;
A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;
A person, partnership, corporation, or other entity that provides placement or similar services to international children who have entered the country by obtaining visas that meet the criteria for medical care as established by the United States citizenship and immigration services, or persons who have the care of such an international child in their home;
Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;
Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and assisted living facilities licensed under chapter 18.20 RCW;
h.
Facilities approved and certified under chapter 71A.22 RCW;
i. Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;
j. Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;
k. An agency operated by any unit of local, state, or federal government or an agency licensed by an Indian tribe pursuant to RCW 74.15.190;
l. A maximum or medium security program for juvenile offenders operated by or under contract with the department;
m. An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter;
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i. A host home program, and host home, operated by a tax exempt organization for youth not in the care of or receiving services from the department except as provided in (n)(iii) of this subsection, if that program: (A) Recruits and screens potential homes in the program, including performing background checks on individuals over the age of eighteen residing in the home through the Washington state patrol or equivalent law enforcement agency and performing physical inspections of the home; (B) screens and provides case management services to youth in the program; (C) obtains a notarized permission slip or limited power of attorney from the parent or legal guardian of the youth authorizing the youth to participate in the program and the authorization is updated every six months when a youth remains in a host home longer than six months, unless there is a compelling reason to not contact the parent or guardian; (D) obtains insurance for the program through an insurance provider authorized under Title 48 RCW; (E) provides mandatory reporter and confidentiality training; and (F) registers with the secretary of state under RCW 74.15.315.
ii. If a host home program serves a child without parental authorization who is seeking or receiving protected health care services, the host home program must:
(A) Report to the department within 72 hours of the youth's participation in the program and following this report the department shall make a good faith attempt to notify the parent of this report and offer services designed to resolve the conflict and accomplish a reunification of the family;
(B) Report to the department the youth's participation in the host home program at least once every month when the youth remains in the host home longer than one month; and
(C) Provide case management outside of the host home and away from any individuals residing in the home at least once per month.
iii. A host home program and host home that meets the other requirements of this subsection (2)(n) may provide care for a youth who is receiving services from the department if the youth is:
(A) Not subject to a dependency proceeding under chapter 13.34 RCW; and
(B) Seeking or receiving protected health care services.
iv. For purposes of this section, the following definitions apply:
(A) "Host home" means a private home that volunteers to host youth in need of temporary placement that is associated with a host home program.
(B) "Host home program" is a program that provides support to individual host homes and meets the requirements of (n)(i) of this subsection.
(C) "Compelling reason" means the youth is in the host home or seeking placement in a host home while seeking or receiving protected health care services.
(D) "Protected health care services" means gender-affirming treatment as defined in RCW 74.09.675 and reproductive health care services as defined in RCW 74.09.875.
v. Any host home program that receives local, state, or government funding shall report the following information to the office of homeless youth prevention and protection programs annually by December 1st of each year: The number of children the program served, why the child was placed with a host home, and where the child went after leaving the host home, including but not limited to returning to the parents, running away, reaching the age of majority, or becoming a dependent of the state;
o. Receiving centers as defined in RCW 7.68.380.
"Department" means the department of children, youth, and families.
"Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.
"Performance-based contracts" or "contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts may also include provisions that link the performance of the contractor to the level and timing of the reimbursement.
"Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.
"Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
"Secretary" means the secretary of the department.
"Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.
"Transitional living services" means at a minimum, to the extent funds are available, the following:
Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;
Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;
Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;
Individual and group counseling; and
Establishing networks with federal agencies and state and local organizations such as the United States department of labor, employment and training administration programs including the workforce innovation and opportunity act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs.
The definitions in this section apply throughout this chapter and RCW 74.13.031 unless the context clearly requires otherwise.
Each agency shall make application for a license or renewal of license to the department on forms prescribed by the department. A licensed agency having foster family homes under its supervision may make application for a license on behalf of any such foster family home. Such a foster home license shall cease to be valid when the home is no longer under the supervision of that agency. Upon receipt of such application, the department shall either grant or deny a license within ninety days unless the application is for licensure as a foster family home, in which case RCW 74.15.040 shall govern. A license shall be granted if the agency meets the minimum requirements set forth in this chapter and RCW 74.13.031 and the departmental requirements consistent herewith, except that an initial license may be issued as provided in RCW 74.15.120. Licenses provided for in this chapter and RCW 74.13.031 shall be issued for a period of three years, unless the license has been inactive. The licensee, however, shall advise the secretary of any material change in circumstances which might constitute grounds for reclassification of license as to category. The license issued under this chapter is not transferable and applies only to the licensee. The license shall be limited to a particular location which shall be stated on the license. For licensed foster family homes having an acceptable history of child care, the license may remain in effect for thirty days after a move, except that this will apply only if the family remains intact and children are placed in their care. Licensees must notify their licensor before moving to a new location and may request a continuation of the license at the new location. The department shall conduct a home inspection following notification that a foster family home has moved to a new location. Provided the new location and licensees meet minimum licensing standards, the licensor shall amend the license to reflect the new location. Licensees whose family remains intact and have no children placed in their care at the time of a move to a new location shall notify their licensor within ninety days of moving. If the licensee is in good standing at the time of the move, the licensor shall place the home on no-referral status and complete a home inspection within thirty days of notification. Such licensees shall remain on no-referral status and no new placements may be made in their home until the inspection is complete and the licensor determines that the new location meets minimum licensing standards.
The department shall develop rules in collaboration with impacted groups, which will include a definition of "inactive," a process to assess, and exceptions.
Closure due to inactivity is not considered an enforcement action as outlined in RCW 74.15.130 and defined in RCW 74.15.300 and is not subject to appeal.
The secretary shall have the power and it shall be the secretary's duty:
In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;
In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.
The minimum requirements shall be limited to:
a. The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;
b. Obtaining background information and any out-of-state equivalent, to determine whether the applicant or service provider is disqualified and to determine the character, competence, and suitability of an agency, the agency's employees, volunteers, and other persons associated with an agency;
c. Conducting background checks for those who will or may have unsupervised access to children or expectant mothers; however, a background check is not required if a caregiver approves an activity pursuant to the prudent parent standard contained in RCW 74.13.710;
d. Obtaining child protective services information or records maintained in the department case management information system. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter;
e. Submitting a fingerprint-based background check through the Washington state patrol under chapter 10.97 RCW and through the federal bureau of investigation for:
i. Agencies and their staff, volunteers, students, and interns when the agency is seeking license or relicense;
ii. Foster care and adoption placements; and
iii. Any adult living in a home where a child may be placed;
f. If any adult living in the home has not resided in the state of Washington for the preceding five years, the department shall review any child abuse and neglect registries maintained by any state where the adult has resided over the preceding five years;
g. The cost of fingerprint background check fees will be paid as required in RCW 43.43.837;
h. The capacity to roll, print, or scan fingerprints in the department's early learning and child welfare offices for the purposes of Washington state patrol and federal bureau of investigation fingerprint-based background checks as provided in RCW 43.216.270(5);
i. National and state background information must be used solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children or expectant mothers;
j. The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;
k. The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children or expectant mothers;
l. The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;
m. The financial ability of an agency to comply with minimum requirements established pursuant to this chapter and RCW 74.13.031; and
n. The maintenance of records pertaining to the admission, progress, health and discharge of persons served;
To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children or expectant mothers prior to authorizing that person to care for children or expectant mothers. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;
On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including agencies or facilities operated by the department of social and health services that receive children for care outside their own homes, child day-care centers, and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;
To issue, revoke, or deny licenses to agencies pursuant to this chapter and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages and number of persons to be served;
To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and RCW 74.13.031 and to require regular reports from each licensee;
To inspect agencies periodically to determine whether or not there is compliance with this chapter and RCW 74.13.031 and the requirements adopted hereunder;
To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and
To consult with public and private agencies in order to help them improve their methods and facilities for the care of children or expectant mothers.
The department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with semi-secure facilities. These facilities shall be structured group care facilities licensed under rules adopted by the department of social and health services and shall have an average of at least one staff member to every four children during working hours and one staff member to every six children during sleeping hours.
Crisis residential centers must record client information into a homeless management information system specified by the department.
Within available funds appropriated for this purpose, the department shall establish, through performance-based contracts with private or public vendors, regional crisis residential centers with secure facilities. These facilities shall be facilities licensed under rules adopted by the department of social and health services. These centers may also include semi-secure facilities and to such extent shall be subject to subsection (1) of this section.
The department shall, in addition to the facilities established under subsections (1) and (2) of this section, establish additional crisis residential centers pursuant to performance-based contracts with licensed private group care facilities.
The department is authorized to allow contracting entities to include a combination of secure or semi-secure crisis residential centers as defined in RCW 13.32A.030 and/or HOPE centers pursuant to RCW 43.185C.315 in the same building or structure. The department of social and health services shall permit the colocation of these centers only if the entity operating the facility agrees to designate a particular number of beds to each type of center that is located within the building or structure.
The staff at the facilities established under this section shall be trained so that they may effectively counsel juveniles admitted to the centers, provide treatment, supervision, and structure to the juveniles that recognize the need for support and the varying circumstances that cause children to leave their families, and carry out the responsibilities stated in RCW 43.185C.280.
The secure facilities located within crisis residential centers shall be operated to conform with the definition in RCW 13.32A.030. The facilities shall have an average of no less than one adult staff member to every ten children. The staffing ratio shall continue to ensure the safety of the children.
If a secure crisis residential center is located in or adjacent to a secure juvenile detention facility, the center shall be operated in a manner that prevents in-person contact between the residents of the center and the persons held in such facility.
Section 3 of this act expires July 1, 2026.
Section 4 of this act takes effect July 1, 2026.