DCYF licensing division

AN ACT Relating to updates to the licensing division of the 1
department of children, youth, and families; amending RCW 74.15.125, 2
74.13.289, 74.15.020, 74.15.100, 74.15.030, and 43.185C.295; 3
reenacting and amending RCW 74.15.020; repealing RCW 72.40.280; 4
providing an effective date; and providing an expiration date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 74.15.125 and 2023 c 127 s 1 are each amended to 7
read as follows: 8
(1) The department may issue a probationary license to a licensee 9
who has had a license but is temporarily unable to comply with a rule 10
or has been the subject of multiple complaints or concerns about 11
noncompliance if: 12
(a) The noncompliance does not present an immediate threat to the 13
health and well-being of the children but would be likely to do so if 14
allowed to continue; and 15
(b) The licensee has a plan approved by the department to correct 16
the area of noncompliance within the probationary period.17
(2) A probationary license may be issued for up to six months, 18
and at the discretion of the department it may be extended for an 19
additional six months. The department shall immediately terminate the 20
probationary license, if at any time the noncompliance for which the 21
Z-0424.2
HOUSE BILL 2253
State of Washington 69th Legislature 2026 Regular Session
By Representatives Bernbaum, Reed, Leavitt, Zahn, and Fosse; by
request of Department of Children, Youth, and Families
Prefiled 01/05/26. Read first time 01/12/26. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 2253
probationary license was issued presents an immediate threat to the 1
health or well-being of the children. 2
(3) The department may, at any time, issue a probationary license 3
for due cause that states the conditions of probation.4
(4) An existing license is invalidated when a probationary 5
license is issued. 6
(5) At the expiration of the probationary license, the department 7
shall reinstate the original license for the remainder of its term, 8
issue a new license, or revoke the original license.9
(6) A right to an adjudicative proceeding shall not accrue to the 10
licensee whose license has been placed on probationary status unless 11
the licensee does not agree with the placement on probationary status 12
and the department then suspends, revokes, or modifies the license.13
(7)(a) The department may issue a child-specific license to:14
(i) A relative, as defined in RCW 13.36.020, or a suitable 15
person, as defined in RCW 13.36.020, who opts to become licensed for 16
placement of a specific child and that child's siblings or relatives 17
in the department's care, custody, and control; ((or))18
(ii) An Indian child's family or extended family member as 19
defined in RCW 13.38.040 who opts to become licensed for placement of 20
a specific Indian child and that child's siblings or relatives in the 21
custody of an Indian tribe as defined in RCW 43.376.010 or the 22
tribe's child placing agency; or23
(iii) A relative, as defined in RCW 13.36.020, or close family 24
friend for a placement of a specific child in the care and custody of 25
another state and who is to be placed in Washington state through the 26
interstate compact on placement of children, chapter 26.34 RCW.27
(b) Such individuals must meet all minimum licensing requirements 28
for foster family homes established pursuant to RCW 74.15.030 and are 29
subject to child-specific license criteria, which the department is 30
authorized to establish by rule. 31
(c) For purposes of federal funding, a child-specific license is 32
considered a full license with all of the rights and responsibilities 33
of a foster family home license, except that at the discretion of the 34
department the licensee may only receive placement of specific 35
children pursuant to (a) of this subsection. 36
(d) A child-specific license does not confer upon the licensee a 37
right to placement of a particular child, nor does it confer party 38
status in any proceeding under chapter 13.34 RCW. 39
p. 2 HB 2253
(e) The department shall seek input from the following 1
stakeholders during the development and adoption of rules necessary 2
to implement this section: Representatives from the kinship care 3
oversight committee, an organization that represents current and 4
former foster youth, an organization that represents child placing 5
agencies, and a statewide advisory group of foster youth and alumni 6
of foster care. The department shall seek tribal input as outlined in 7
the department's government-to-government policy, per RCW 43.376.020.8
Sec. 2. RCW 74.13.289 and 2018 c 284 s 48 are each amended to 9
read as follows: 10
(1) Upon any placement, the department shall inform each out-of-11
home care provider if the child to be placed in that provider's care 12
is infected with a blood-borne pathogen, and shall identify the 13
specific blood-borne pathogen for which the child was tested if known 14
by the department. 15
(2) All ((out-of-home)) foster family homes and group care 16
providers licensed by the department shall receive training related 17
to blood-borne pathogens, including prevention, transmission, 18
infection control, treatment, testing, and confidentiality.19
(3) Any disclosure of information related to HIV must be in 20
accordance with RCW 70.02.220. 21
(4) The department of health shall identify by rule the term 22
"blood-borne pathogen" as used in this section. 23
Sec. 3. RCW 74.15.020 and 2023 c 408 s 3 are each amended to 24
read as follows: 25
The definitions in this section apply throughout this chapter and 26
RCW 74.13.031 unless the context clearly requires otherwise.27
(1) "Agency" means any person, firm, partnership, association, 28
corporation, or facility which receives children, expectant mothers, 29
or persons with developmental disabilities for control, care, or 30
maintenance outside their own homes, or which places, arranges the 31
placement of, or assists in the placement of children, expectant 32
mothers, or persons with developmental disabilities for foster care 33
or placement of children for adoption, and shall include the 34
following irrespective of whether there is compensation to the agency 35
or to the children, expectant mothers, or persons with developmental 36
disabilities for services rendered: 37
p. 3 HB 2253
(a) "Child-placing agency" means an agency which places a child 1
or children for temporary care, continued care, or for adoption;2
(b) "Community facility" means a group care facility operated for 3
the care of juveniles committed to the department under RCW 4
13.40.185. A county detention facility that houses juveniles 5
committed to the department under RCW 13.40.185 pursuant to a 6
contract with the department is not a community facility;7
(c) "Crisis residential center" means an agency which is a 8
temporary protective residential facility operated to perform the 9
duties specified in chapter 13.32A RCW, in the manner provided in RCW 10
43.185C.295 through 43.185C.310; 11
(d) "Emergency respite center" is an agency that may be commonly 12
known as a crisis nursery, that provides emergency and crisis care 13
for up to seventy-two hours to children who have been admitted by 14
their parents or guardians to prevent abuse or neglect. Emergency 15
respite centers may operate for up to twenty-four hours a day, and 16
for up to seven days a week. Emergency respite centers may provide 17
care for children ages birth through seventeen, and for persons 18
eighteen through twenty with developmental disabilities who are 19
admitted with a sibling or siblings through age seventeen. Emergency 20
respite centers may not substitute for crisis residential centers or 21
HOPE centers, or any other services defined under this section, and 22
may not substitute for services which are required under chapter 23
13.32A or 13.34 RCW; 24
(e) "Foster family home" means an agency which regularly provides 25
care on a twenty-four hour basis to one or more children, expectant 26
mothers, or persons with developmental disabilities in the family 27
abode of the person or persons under whose direct care and 28
supervision the child, expectant mother, or person with a 29
developmental disability is placed; 30
(f) "Group-care facility" means an agency, other than a foster 31
family home, which is maintained and operated for the care of a group 32
of children on a twenty-four hour basis. "Group care facility" 33
includes but is not limited to: 34
(i) Qualified residential treatment programs as defined in RCW 35
13.34.030; 36
(ii) Facilities specializing in providing prenatal, postpartum, 37
or parenting supports for youth; and 38
p. 4 HB 2253
(iii) Facilities providing high quality residential care and 1
supportive services to children who are, or who are at risk of 2
becoming, victims of sex trafficking; 3
(g) "HOPE center" means an agency licensed by the secretary to 4
provide temporary residential placement and other services to street 5
youth. A street youth may remain in a HOPE center for thirty days 6
while services are arranged and permanent placement is coordinated. 7
No street youth may stay longer than thirty days unless approved by 8
the department and any additional days approved by the department 9
must be based on the unavailability of a long-term placement option. 10
A street youth whose parent wants him or her returned to home may 11
remain in a HOPE center until his or her parent arranges return of 12
the youth, not longer. All other street youth must have court 13
approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center 14
up to thirty days; 15
(h) "Maternity service" means an agency which provides or 16
arranges for care or services to expectant mothers, before or during 17
confinement, or which provides care as needed to mothers and their 18
infants after confinement; 19
(i) "Resource and assessment center" means an agency that 20
provides short-term emergency and crisis care for a period up to 21
seventy-two hours, excluding Saturdays, Sundays, and holidays to 22
children who have been removed from their parent's or guardian's care 23
by child protective services or law enforcement; 24
(j) "Responsible living skills program" means an agency licensed 25
by the secretary that provides residential and transitional living 26
services to persons ages sixteen to eighteen who are dependent under 27
chapter 13.34 RCW and who have been unable to live in his or her 28
legally authorized residence and, as a result, the minor lived 29
outdoors or in another unsafe location not intended for occupancy by 30
the minor. Dependent minors ages fourteen and fifteen may be eligible 31
if no other placement alternative is available and the department 32
approves the placement; 33
(k) "Service provider" means the entity that operates a community 34
facility. 35
(2) "Agency" shall not include the following: 36
(a) Persons related to the child, expectant mother, or person 37
with developmental disability in the following ways:38
(i) Any blood relative, including those of half-blood, and 39
including first cousins, second cousins, nephews or nieces, and 40
p. 5 HB 2253
persons of preceding generations as denoted by prefixes of grand, 1
great, or great-great; 2
(ii) Stepfather, stepmother, stepbrother, and stepsister;3
(iii) A person who legally adopts a child or the child's parent 4
as well as the natural and other legally adopted children of such 5
persons, and other relatives of the adoptive parents in accordance 6
with state law; 7
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of 8
this subsection (2), even after the marriage is terminated;9
(v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this 10
subsection (2), of any half sibling of the child; or11
(vi) Extended family members, as defined by the law or custom of 12
the Indian child's tribe or, in the absence of such law or custom, a 13
person who has reached the age of eighteen and who is the Indian 14
child's grandparent, aunt or uncle, brother or sister, brother-in-law 15
or sister-in-law, niece or nephew, first or second cousin, or 16
stepparent who provides care in the family abode on a twenty-four-17
hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);18
(b) Persons who are legal guardians of the child, expectant 19
mother, or persons with developmental disabilities;20
(c) Persons who care for a neighbor's or friend's child or 21
children, with or without compensation, where the parent and person 22
providing care on a twenty-four-hour basis have agreed to the 23
placement in writing and the state is not providing any payment for 24
the care; 25
(d) A person, partnership, corporation, or other entity that 26
provides placement or similar services to exchange students or 27
international student exchange visitors or persons who have the care 28
of an exchange student in their home; 29
(e) A person, partnership, corporation, or other entity that 30
provides placement or similar services to international children who 31
have entered the country by obtaining visas that meet the criteria 32
for medical care as established by the United States citizenship and 33
immigration services, or persons who have the care of such an 34
international child in their home; 35
(f) Schools, including boarding schools, which are engaged 36
primarily in education, operate on a definite school year schedule, 37
follow a stated academic curriculum, accept only school-age children 38
and do not accept custody of children; 39
p. 6 HB 2253
(g) Hospitals licensed pursuant to chapter 70.41 RCW when 1
performing functions defined in chapter 70.41 RCW, nursing homes 2
licensed under chapter 18.51 RCW and assisted living facilities 3
licensed under chapter 18.20 RCW; 4
(h) ((Licensed physicians or lawyers;5
(i))) Facilities approved and certified under chapter 71A.22 RCW;6
(((j))) (i) Any agency having been in operation in this state ten 7
years prior to June 8, 1967, and not seeking or accepting moneys or 8
assistance from any state or federal agency, and is supported in part 9
by an endowment or trust fund; 10
(((k))) (j) Persons who have a child in their home for purposes 11
of adoption, if the child was placed in such home by a licensed 12
child-placing agency, an authorized public or tribal agency or court 13
or if a replacement report has been filed under chapter 26.33 RCW and 14
the placement has been approved by the court; 15
(((l))) (k) An agency operated by any unit of local, state, or 16
federal government or an agency licensed by an Indian tribe pursuant 17
to RCW 74.15.190; 18
(((m))) (l) A maximum or medium security program for juvenile 19
offenders operated by or under contract with the department;20
(((n))) (m) An agency located on a federal military reservation, 21
except where the military authorities request that such agency be 22
subject to the licensing requirements of this chapter;23
(((o))) (n)(i) A host home program, and host home, operated by a 24
tax exempt organization for youth not in the care of or receiving 25
services from the department except as provided in ((subsection 26
(2)(o)(iii) of this section [ (o)(iii) of this subsection] )) (n)(iii) 27
of this subsection , if that program: (A) Recruits and screens 28
potential homes in the program, including performing background 29
checks on individuals over the age of eighteen residing in the home 30
through the Washington state patrol or equivalent law enforcement 31
agency and performing physical inspections of the home; (B) screens 32
and provides case management services to youth in the program; (C) 33
obtains a notarized permission slip or limited power of attorney from 34
the parent or legal guardian of the youth authorizing the youth to 35
participate in the program and the authorization is updated every six 36
months when a youth remains in a host home longer than six months, 37
unless there is a compelling reason to not contact the parent or 38
guardian; (D) obtains insurance for the program through an insurance 39
provider authorized under Title 48 RCW; (E) provides mandatory 40
p. 7 HB 2253
reporter and confidentiality training; and (F) registers with the 1
secretary of state under RCW 74.15.315. 2
(ii) If a host home program serves a child without parental 3
authorization who is seeking or receiving protected health care 4
services, the host home program must: 5
(A) Report to the department within 72 hours of the youth's 6
participation in the program and following this report the department 7
shall make a good faith attempt to notify the parent of this report 8
and offer services designed to resolve the conflict and accomplish a 9
reunification of the family; 10
(B) Report to the department the youth's participation in the 11
host home program at least once every month when the youth remains in 12
the host home longer than one month; and 13
(C) Provide case management outside of the host home and away 14
from any individuals residing in the home at least once per month.15
(iii) A host home program and host home that meets the other 16
requirements of ((subsection (2)(o) of this section [this subsection 17
(2)(o)])) this subsection (2)(n) may provide care for a youth who is 18
receiving services from the department if the youth is:19
(A) Not subject to a dependency proceeding under chapter 13.34 20
RCW; and 21
(B) Seeking or receiving protected health care services.22
(iv) For purposes of this section, the following definitions 23
apply: 24
(A) "Host home" means a private home that volunteers to host 25
youth in need of temporary placement that is associated with a host 26
home program. 27
(B) "Host home program" is a program that provides support to 28
individual host homes and meets the requirements of (((o))) (n)(i) of 29
this subsection. 30
(C) "Compelling reason" means the youth is in the host home or 31
seeking placement in a host home while seeking or receiving protected 32
health care services. 33
(D) "Protected health care services" means gender-affirming 34
treatment as defined in RCW 74.09.675 and reproductive health care 35
services as defined in RCW 74.09.875. 36
(v) Any host home program that receives local, state, or 37
government funding shall report the following information to the 38
office of homeless youth prevention and protection programs annually 39
by December 1st of each year: The number of children the program 40
p. 8 HB 2253
served, why the child was placed with a host home, and where the 1
child went after leaving the host home, including but not limited to 2
returning to the parents, running away, reaching the age of majority, 3
or becoming a dependent of the state; 4
(((p))) (o) Receiving centers as defined in RCW 7.68.380.5
(3) "Department" means the department of children, youth, and 6
families. 7
(4) "Juvenile" means a person under the age of twenty-one who has 8
been sentenced to a term of confinement under the supervision of the 9
department under RCW 13.40.185. 10
(5) "Performance-based contracts" or "contracting" means the 11
structuring of all aspects of the procurement of services around the 12
purpose of the work to be performed and the desired results with the 13
contract requirements set forth in clear, specific, and objective 14
terms with measurable outcomes. Contracts may also include provisions 15
that link the performance of the contractor to the level and timing 16
of the reimbursement. 17
(6) "Probationary license" means a license issued as a 18
disciplinary measure to an agency that has previously been issued a 19
full license but is out of compliance with licensing standards.20
(7) "Requirement" means any rule, regulation, or standard of care 21
to be maintained by an agency. 22
(8) "Secretary" means the secretary of the department.23
(9) "Street youth" means a person under the age of eighteen who 24
lives outdoors or in another unsafe location not intended for 25
occupancy by the minor and who is not residing with his or her parent 26
or at his or her legally authorized residence. 27
(10) "Transitional living services" means at a minimum, to the 28
extent funds are available, the following: 29
(a) Educational services, including basic literacy and 30
computational skills training, either in local alternative or public 31
high schools or in a high school equivalency program that leads to 32
obtaining a high school equivalency degree; 33
(b) Assistance and counseling related to obtaining vocational 34
training or higher education, job readiness, job search assistance, 35
and placement programs; 36
(c) Counseling and instruction in life skills such as money 37
management, home management, consumer skills, parenting, health care, 38
access to community resources, and transportation and housing 39
options; 40
p. 9 HB 2253
(d) Individual and group counseling; and 1
(e) Establishing networks with federal agencies and state and 2
local organizations such as the United States department of labor, 3
employment and training administration programs including the 4
workforce innovation and opportunity act which administers private 5
industry councils and the job corps; vocational rehabilitation; and 6
volunteer programs. 7
Sec. 4. RCW 74.15.020 and 2023 c 441 s 4 and 2023 c 408 s 3 are 8
each reenacted and amended to read as follows: 9
The definitions in this section apply throughout this chapter and 10
RCW 74.13.031 unless the context clearly requires otherwise.11
(1) "Agency" means any person, firm, partnership, association, 12
corporation, facility, or residential private school which receives 13
children, expectant mothers, or persons with developmental 14
disabilities for control, care, or maintenance outside their own 15
homes, or which places, arranges the placement of, or assists in the 16
placement of children, expectant mothers, or persons with 17
developmental disabilities for foster care or placement of children 18
for adoption, and shall include the following irrespective of whether 19
there is compensation to the agency or to the children, expectant 20
mothers, or persons with developmental disabilities for services 21
rendered: 22
(a) "Child-placing agency" means an agency which places a child 23
or children for temporary care, continued care, or for adoption;24
(b) "Community facility" means a group care facility operated for 25
the care of juveniles committed to the department under RCW 26
13.40.185. A county detention facility that houses juveniles 27
committed to the department under RCW 13.40.185 pursuant to a 28
contract with the department is not a community facility;29
(c) "Crisis residential center" means an agency which is a 30
temporary protective residential facility operated to perform the 31
duties specified in chapter 13.32A RCW, in the manner provided in RCW 32
43.185C.295 through 43.185C.310; 33
(d) "Emergency respite center" is an agency that may be commonly 34
known as a crisis nursery, that provides emergency and crisis care 35
for up to seventy-two hours to children who have been admitted by 36
their parents or guardians to prevent abuse or neglect. Emergency 37
respite centers may operate for up to twenty-four hours a day, and 38
for up to seven days a week. Emergency respite centers may provide 39
p. 10 HB 2253
care for children ages birth through seventeen, and for persons 1
eighteen through twenty with developmental disabilities who are 2
admitted with a sibling or siblings through age seventeen. Emergency 3
respite centers may not substitute for crisis residential centers or 4
HOPE centers, or any other services defined under this section, and 5
may not substitute for services which are required under chapter 6
13.32A or 13.34 RCW; 7
(e) "Foster family home" means an agency which regularly provides 8
care on a twenty-four hour basis to one or more children, expectant 9
mothers, or persons with developmental disabilities in the family 10
abode of the person or persons under whose direct care and 11
supervision the child, expectant mother, or person with a 12
developmental disability is placed; 13
(f) "Group-care facility" means an agency, other than a foster 14
family home, which is maintained and operated for the care of a group 15
of children on a twenty-four hour basis. "Group care facility" 16
includes but is not limited to: 17
(i) Qualified residential treatment programs as defined in RCW 18
13.34.030; 19
(ii) Facilities specializing in providing prenatal, postpartum, 20
or parenting supports for youth; and 21
(iii) Facilities providing high quality residential care and 22
supportive services to children who are, or who are at risk of 23
becoming, victims of sex trafficking; 24
(g) "HOPE center" means an agency licensed by the secretary to 25
provide temporary residential placement and other services to street 26
youth. A street youth may remain in a HOPE center for thirty days 27
while services are arranged and permanent placement is coordinated. 28
No street youth may stay longer than thirty days unless approved by 29
the department and any additional days approved by the department 30
must be based on the unavailability of a long-term placement option. 31
A street youth whose parent wants him or her returned to home may 32
remain in a HOPE center until his or her parent arranges return of 33
the youth, not longer. All other street youth must have court 34
approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center 35
up to thirty days; 36
(h) "Maternity service" means an agency which provides or 37
arranges for care or services to expectant mothers, before or during 38
confinement, or which provides care as needed to mothers and their 39
infants after confinement; 40
p. 11 HB 2253
(i) "Residential private school" means a nonpublic school or 1
nonpublic school district subject to approval by the state board of 2
education pursuant to RCW 28A.305.130 and chapter 28A.195 RCW that 3
provides sleeping and living facilities or residential accommodations 4
for enrolled students; 5
(j) "Resource and assessment center" means an agency that 6
provides short-term emergency and crisis care for a period up to 7
seventy-two hours, excluding Saturdays, Sundays, and holidays to 8
children who have been removed from their parent's or guardian's care 9
by child protective services or law enforcement; 10
(k) "Responsible living skills program" means an agency licensed 11
by the secretary that provides residential and transitional living 12
services to persons ages sixteen to eighteen who are dependent under 13
chapter 13.34 RCW and who have been unable to live in his or her 14
legally authorized residence and, as a result, the minor lived 15
outdoors or in another unsafe location not intended for occupancy by 16
the minor. Dependent minors ages fourteen and fifteen may be eligible 17
if no other placement alternative is available and the department 18
approves the placement; 19
(l) "Service provider" means the entity that operates a community 20
facility. 21
(2) "Agency" shall not include the following: 22
(a) Persons related to the child, expectant mother, or person 23
with developmental disability in the following ways:24
(i) Any blood relative, including those of half-blood, and 25
including first cousins, second cousins, nephews or nieces, and 26
persons of preceding generations as denoted by prefixes of grand, 27
great, or great-great; 28
(ii) Stepfather, stepmother, stepbrother, and stepsister;29
(iii) A person who legally adopts a child or the child's parent 30
as well as the natural and other legally adopted children of such 31
persons, and other relatives of the adoptive parents in accordance 32
with state law; 33
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of 34
this subsection (2), even after the marriage is terminated;35
(v) Relatives, as named in (a)(i), (ii), (iii), or (iv) of this 36
subsection (2), of any half sibling of the child; or37
(vi) Extended family members, as defined by the law or custom of 38
the Indian child's tribe or, in the absence of such law or custom, a 39
person who has reached the age of eighteen and who is the Indian 40
p. 12 HB 2253
child's grandparent, aunt or uncle, brother or sister, brother-in-law 1
or sister-in-law, niece or nephew, first or second cousin, or 2
stepparent who provides care in the family abode on a twenty-four-3
hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);4
(b) Persons who are legal guardians of the child, expectant 5
mother, or persons with developmental disabilities;6
(c) Persons who care for a neighbor's or friend's child or 7
children, with or without compensation, where the parent and person 8
providing care on a twenty-four-hour basis have agreed to the 9
placement in writing and the state is not providing any payment for 10
the care; 11
(d) A person, partnership, corporation, or other entity that 12
provides placement or similar services to exchange students or 13
international student exchange visitors or persons who have the care 14
of an exchange student in their home; 15
(e) A person, partnership, corporation, or other entity that 16
provides placement or similar services to international children who 17
have entered the country by obtaining visas that meet the criteria 18
for medical care as established by the United States citizenship and 19
immigration services, or persons who have the care of such an 20
international child in their home; 21
(f) Nonresidential schools, which are engaged primarily in 22
education, operate on a definite school year schedule, follow a 23
stated academic curriculum, accept only school-age children and do 24
not accept custody of children; 25
(g) Hospitals licensed pursuant to chapter 70.41 RCW when 26
performing functions defined in chapter 70.41 RCW, nursing homes 27
licensed under chapter 18.51 RCW and assisted living facilities 28
licensed under chapter 18.20 RCW; 29
(h) ((Licensed physicians or lawyers;30
(i))) Facilities approved and certified under chapter 71A.22 RCW;31
(((j))) (i) Any agency having been in operation in this state ten 32
years prior to June 8, 1967, and not seeking or accepting moneys or 33
assistance from any state or federal agency, and is supported in part 34
by an endowment or trust fund; 35
(((k))) (j) Persons who have a child in their home for purposes 36
of adoption, if the child was placed in such home by a licensed 37
child-placing agency, an authorized public or tribal agency or court 38
or if a replacement report has been filed under chapter 26.33 RCW and 39
the placement has been approved by the court; 40
p. 13 HB 2253
(((l))) (k) An agency operated by any unit of local, state, or 1
federal government or an agency licensed by an Indian tribe pursuant 2
to RCW 74.15.190; 3
(((m))) (l) A maximum or medium security program for juvenile 4
offenders operated by or under contract with the department;5
(((n))) (m) An agency located on a federal military reservation, 6
except where the military authorities request that such agency be 7
subject to the licensing requirements of this chapter;8
(((o))) (n)(i) A host home program, and host home, operated by a 9
tax exempt organization for youth not in the care of or receiving 10
services from the department except as provided in ((subsection 11
(2)(o)(iii) of this section [ (o)(iii) of this subsection] )) (n)(iii) 12
of this subsection , if that program: (A) Recruits and screens 13
potential homes in the program, including performing background 14
checks on individuals over the age of eighteen residing in the home 15
through the Washington state patrol or equivalent law enforcement 16
agency and performing physical inspections of the home; (B) screens 17
and provides case management services to youth in the program; (C) 18
obtains a notarized permission slip or limited power of attorney from 19
the parent or legal guardian of the youth authorizing the youth to 20
participate in the program and the authorization is updated every six 21
months when a youth remains in a host home longer than six months, 22
unless there is a compelling reason to not contact the parent or 23
guardian; (D) obtains insurance for the program through an insurance 24
provider authorized under Title 48 RCW; (E) provides mandatory 25
reporter and confidentiality training; and (F) registers with the 26
secretary of state under RCW 74.15.315. 27
(ii) If a host home program serves a child without parental 28
authorization who is seeking or receiving protected health care 29
services, the host home program must: 30
(A) Report to the department within 72 hours of the youth's 31
participation in the program and following this report the department 32
shall make a good faith attempt to notify the parent of this report 33
and offer services designed to resolve the conflict and accomplish a 34
reunification of the family; 35
(B) Report to the department the youth's participation in the 36
host home program at least once every month when the youth remains in 37
the host home longer than one month; and 38
(C) Provide case management outside of the host home and away 39
from any individuals residing in the home at least once per month.40
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(iii) A host home program and host home that meets the other 1
requirements of ((subsection (2)(o) of this section [this subsection 2
(2)(o)])) this subsection (2)(n) may provide care for a youth who is 3
receiving services from the department if the youth is:4
(A) Not subject to a dependency proceeding under chapter 13.34 5
RCW; and 6
(B) Seeking or receiving protected health care services.7
(iv) For purposes of this section, the following definitions 8
apply: 9
(A) "Host home" means a private home that volunteers to host 10
youth in need of temporary placement that is associated with a host 11
home program. 12
(B) "Host home program" is a program that provides support to 13
individual host homes and meets the requirements of (((o))) (n)(i) of 14
this subsection. 15
(C) "Compelling reason" means the youth is in the host home or 16
seeking placement in a host home while seeking or receiving protected 17
health care services. 18
(D) "Protected health care services" means gender-affirming 19
treatment as defined in RCW 74.09.675 and reproductive health care 20
services as defined in RCW 74.09.875. 21
(v) Any host home program that receives local, state, or 22
government funding shall report the following information to the 23
office of homeless youth prevention and protection programs annually 24
by December 1st of each year: The number of children the program 25
served, why the child was placed with a host home, and where the 26
child went after leaving the host home, including but not limited to 27
returning to the parents, running away, reaching the age of majority, 28
or becoming a dependent of the state; 29
(((p))) (o) Receiving centers as defined in RCW 7.68.380.30
(3) "Department" means the department of children, youth, and 31
families. 32
(4) "Juvenile" means a person under the age of twenty-one who has 33
been sentenced to a term of confinement under the supervision of the 34
department under RCW 13.40.185. 35
(5) "Performance-based contracts" or "contracting" means the 36
structuring of all aspects of the procurement of services around the 37
purpose of the work to be performed and the desired results with the 38
contract requirements set forth in clear, specific, and objective 39
terms with measurable outcomes. Contracts may also include provisions 40
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that link the performance of the contractor to the level and timing 1
of the reimbursement. 2
(6) "Probationary license" means a license issued as a 3
disciplinary measure to an agency that has previously been issued a 4
full license but is out of compliance with licensing standards.5
(7) "Requirement" means any rule, regulation, or standard of care 6
to be maintained by an agency. 7
(8) "Secretary" means the secretary of the department.8
(9) "Street youth" means a person under the age of eighteen who 9
lives outdoors or in another unsafe location not intended for 10
occupancy by the minor and who is not residing with his or her parent 11
or at his or her legally authorized residence. 12
(10) "Transitional living services" means at a minimum, to the 13
extent funds are available, the following: 14
(a) Educational services, including basic literacy and 15
computational skills training, either in local alternative or public 16
high schools or in a high school equivalency program that leads to 17
obtaining a high school equivalency degree; 18
(b) Assistance and counseling related to obtaining vocational 19
training or higher education, job readiness, job search assistance, 20
and placement programs; 21
(c) Counseling and instruction in life skills such as money 22
management, home management, consumer skills, parenting, health care, 23
access to community resources, and transportation and housing 24
options; 25
(d) Individual and group counseling; and 26
(e) Establishing networks with federal agencies and state and 27
local organizations such as the United States department of labor, 28
employment and training administration programs including the 29
workforce innovation and opportunity act which administers private 30
industry councils and the job corps; vocational rehabilitation; and 31
volunteer programs. 32
Sec. 5. RCW 74.15.100 and 2020 c 73 s 2 are each amended to read 33
as follows: 34
(1) Each agency shall make application for a license or renewal 35
of license to the department on forms prescribed by the department. A 36
licensed agency having foster family homes under its supervision may 37
make application for a license on behalf of any such foster family 38
home. Such a foster home license shall cease to be valid when the 39
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home is no longer under the supervision of that agency. Upon receipt 1
of such application, the department shall either grant or deny a 2
license within ninety days unless the application is for licensure as 3
a foster family home, in which case RCW 74.15.040 shall govern. A 4
license shall be granted if the agency meets the minimum requirements 5
set forth in this chapter and RCW 74.13.031 and the departmental 6
requirements consistent herewith, except that an initial license may 7
be issued as provided in RCW 74.15.120. Licenses provided for in this 8
chapter and RCW 74.13.031 shall be issued for a period of three 9
years, unless the license has been inactive . The licensee, however, 10
shall advise the secretary of any material change in circumstances 11
which might constitute grounds for reclassification of license as to 12
category. The license issued under this chapter is not transferable 13
and applies only to the licensee. The license shall be limited to a 14
particular location which shall be stated on the license. For 15
licensed foster family homes having an acceptable history of child 16
care, the license may remain in effect for thirty days after a move, 17
except that this will apply only if the family remains intact and 18
children are placed in their care. Licensees must notify their 19
licensor before moving to a new location and may request a 20
continuation of the license at the new location. The department shall 21
conduct a home inspection following notification that a foster family 22
home has moved to a new location. Provided the new location and 23
licensees meet minimum licensing standards, the licensor shall amend 24
the license to reflect the new location. Licensees whose family 25
remains intact and have no children placed in their care at the time 26
of a move to a new location shall notify their licensor within ninety 27
days of moving. If the licensee is in good standing at the time of 28
the move, the licensor shall place the home on no-referral status and 29
complete a home inspection within thirty days of notification. Such 30
licensees shall remain on no-referral status and no new placements 31
may be made in their home until the inspection is complete and the 32
licensor determines that the new location meets minimum licensing 33
standards. 34
(2) The department shall develop rules in collaboration with 35
impacted groups, which will include a definition of "inactive," a 36
process to assess, and exceptions.37
(3) Closure due to inactivity is not considered an enforcement 38
action as outlined in RCW 74.15.130 and defined in RCW 74.15.300 and 39
is not subject to appeal.40
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Sec. 6. RCW 74.15.030 and 2024 c 300 s 3 are each amended to 1
read as follows: 2
The secretary shall have the power and it shall be the 3
secretary's duty: 4
(1) In consultation with the children's services advisory 5
committee, and with the advice and assistance of persons 6
representative of the various type agencies to be licensed, to 7
designate categories of facilities for which separate or different 8
requirements shall be developed as may be appropriate whether because 9
of variations in the ages, sex and other characteristics of persons 10
served, variations in the purposes and services offered or size or 11
structure of the agencies to be licensed hereunder, or because of any 12
other factor relevant thereto; 13
(2) In consultation with the children's services advisory 14
committee, and with the advice and assistance of persons 15
representative of the various type agencies to be licensed, to adopt 16
and publish minimum requirements for licensing applicable to each of 17
the various categories of agencies to be licensed.18
The minimum requirements shall be limited to: 19
(a) The size and suitability of a facility and the plan of 20
operation for carrying out the purpose for which an applicant seeks a 21
license; 22
(b) Obtaining background information and any out-of-state 23
equivalent, to determine whether the applicant or service provider is 24
disqualified and to determine the character, competence, and 25
suitability of an agency, the agency's employees, volunteers, and 26
other persons associated with an agency; 27
(c) Conducting background checks for those who will or may have 28
unsupervised access to children or expectant mothers; however, a 29
background check is not required if a caregiver approves an activity 30
pursuant to the prudent parent standard contained in RCW 74.13.710;31
(d) Obtaining child protective services information or records 32
maintained in the department case management information system. No 33
unfounded allegation of child abuse or neglect as defined in RCW 34
26.44.020 may be disclosed to a child-placing agency, private 35
adoption agency, or any other provider licensed under this chapter;36
(e) Submitting a fingerprint-based background check through the 37
Washington state patrol under chapter 10.97 RCW and through the 38
federal bureau of investigation for: 39
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(i) Agencies and their staff, volunteers, students, and interns 1
when the agency is seeking license or relicense; 2
(ii) Foster care and adoption placements; and 3
(iii) Any adult living in a home where a child may be placed;4
(f) If any adult living in the home has not resided in the state 5
of Washington for the preceding five years, the department shall 6
review any child abuse and neglect registries maintained by any state 7
where the adult has resided over the preceding five years;8
(g) The cost of fingerprint background check fees will be paid as 9
required in RCW 43.43.837; 10
(h) The capacity to roll, print, or scan fingerprints in the 11
department's early learning and child welfare offices for the 12
purposes of Washington state patrol and federal bureau of 13
investigation fingerprint-based background checks as provided in RCW 14
43.216.270(5); 15
(i) National and state background information must be used solely 16
for the purpose of determining eligibility for a license and for 17
determining the character, suitability, and competence of those 18
persons or agencies, excluding parents, not required to be licensed 19
who are authorized to care for children or expectant mothers;20
(j) The number of qualified persons required to render the type 21
of care and treatment for which an agency seeks a license;22
(k) The safety, cleanliness, and general adequacy of the premises 23
to provide for the comfort, care and well-being of children or 24
expectant mothers; 25
(l) The provision of necessary care, including food, clothing, 26
supervision and discipline; physical, mental and social well-being; 27
and educational, recreational and spiritual opportunities for those 28
served; 29
(m) The financial ability of an agency to comply with minimum 30
requirements established pursuant to this chapter and RCW 74.13.031; 31
and 32
(n) The maintenance of records pertaining to the admission, 33
progress, health and discharge of persons served; 34
(3) To investigate any person, including relatives by blood or 35
marriage except for parents, for character, suitability, and 36
competence in the care and treatment of children or expectant mothers 37
prior to authorizing that person to care for children or expectant 38
mothers. However, if a child is placed with a relative under RCW 39
13.34.065 or 13.34.130, and if such relative appears otherwise 40
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suitable and competent to provide care and treatment the criminal 1
history background check required by this section need not be 2
completed before placement, but shall be completed as soon as 3
possible after placement; 4
(4) On reports of alleged child abuse and neglect, to investigate 5
agencies in accordance with chapter 26.44 RCW, including agencies or 6
facilities operated by the department of social and health services 7
that receive children for care outside their own homes, child day-8
care centers, and family day-care homes, to determine whether the 9
alleged abuse or neglect has occurred, and whether child protective 10
services or referral to a law enforcement agency is appropriate;11
(5) To issue, revoke, or deny licenses to agencies pursuant to 12
this chapter and RCW 74.13.031. Licenses shall specify the category 13
of care which an agency is authorized to render and the ages ((, sex)) 14
and number of persons to be served; 15
(6) To prescribe the procedures and the form and contents of 16
reports necessary for the administration of this chapter and RCW 17
74.13.031 and to require regular reports from each licensee;18
(7) To inspect agencies periodically to determine whether or not 19
there is compliance with this chapter and RCW 74.13.031 and the 20
requirements adopted hereunder; 21
(8) To review requirements adopted hereunder at least every two 22
years and to adopt appropriate changes after consultation with 23
affected groups for child day-care requirements and with the 24
children's services advisory committee for requirements for other 25
agencies; and 26
(9) To consult with public and private agencies in order to help 27
them improve their methods and facilities for the care of children or 28
expectant mothers. 29
Sec. 7. RCW 43.185C.295 and 2017 c 277 s 6 are each amended to 30
read as follows: 31
(1) The department shall establish, through performance-based 32
contracts with private or public vendors, regional crisis residential 33
centers with semi-secure facilities. These facilities shall be 34
structured group care facilities licensed under rules adopted by the 35
department of social and health services and shall have an average of 36
at least ((four adult staff members and in no event less than three 37
adult staff members to every eight children )) one staff member to 38
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every four children during working hours and one staff member to 1
every six children during sleeping hours. 2
(2) Crisis residential centers must record client information 3
into a homeless management information system specified by the 4
department. 5
(3) Within available funds appropriated for this purpose, the 6
department shall establish, through performance-based contracts with 7
private or public vendors, regional crisis residential centers with 8
secure facilities. These facilities shall be facilities licensed 9
under rules adopted by the department of social and health services. 10
These centers may also include semi-secure facilities and to such 11
extent shall be subject to subsection (1) of this section.12
(4) The department shall, in addition to the facilities 13
established under subsections (1) and (2) of this section, establish 14
additional crisis residential centers pursuant to performance-based 15
contracts with licensed private group care facilities.16
(5) The department is authorized to allow contracting entities to 17
include a combination of secure or semi-secure crisis residential 18
centers as defined in RCW 13.32A.030 and/or HOPE centers pursuant to 19
RCW 43.185C.315 in the same building or structure. The department of 20
social and health services shall permit the colocation of these 21
centers only if the entity operating the facility agrees to designate 22
a particular number of beds to each type of center that is located 23
within the building or structure. 24
(6) The staff at the facilities established under this section 25
shall be trained so that they may effectively counsel juveniles 26
admitted to the centers, provide treatment, supervision, and 27
structure to the juveniles that recognize the need for support and 28
the varying circumstances that cause children to leave their 29
families, and carry out the responsibilities stated in RCW 30
43.185C.280. 31
(7) The secure facilities located within crisis residential 32
centers shall be operated to conform with the definition in RCW 33
13.32A.030. The facilities shall have an average of no less than one 34
adult staff member to every ten children. The staffing ratio shall 35
continue to ensure the safety of the children. 36
(8) If a secure crisis residential center is located in or 37
adjacent to a secure juvenile detention facility, the center shall be 38
operated in a manner that prevents in-person contact between the 39
residents of the center and the persons held in such facility.40
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NEW SECTION. Sec. 8. RCW 72.40.280 (Monitoring of residential 1
program by department of social and health services — Recommendations— 2
Comprehensive child health and safety reviews — Access to records and 3
documents— Safety standards) and 2009 c 381 s 21 & 2002 c 208 s 2 are 4
each repealed.5
NEW SECTION. Sec. 9. Section 3 of this act expires July 1, 6
2026.7
NEW SECTION. Sec. 10. Section 4 of this act takes effect July 8
1, 2026.9
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