Washington State Licensing Requirement Gap for Adult Family Homes

 I currently have several cases involving Adult Family Homes. In a recent meeting with a DSHS investigator in one of my cases, I learned of a startling fact. The licensing requirements don't apply to adult family homes where each caregiver cares for less than two people full time.

Under the Washington Administrative Code, an adult family home only requires a license if it provides care and services to more than one person. However, home is defined in such a way that one entity can own several single unit homes, place a full time live-in caregiver on site for each, and get away with staying under the radar of the licensing requirements. 

The way I have seen it work is such:

A person buys several condominiums, each one counting as a home. The person puts an unqualified or minimally qualified caregiver in each condo, and provides care to less than two people at a time. According to the DSHS investigator, this has been interpreted to be less than two people full time, and can include one person full time and one person half time. This is despite the fact that regulations say that it can't be more than one person. 

The owner then "supervises" the many unlicensed homes and usually the care is haphazard at best.

If you're debating a move to an adult family home, make sure you ask the right questions:

  • Is the facility licensed by DSHS?
  • Does the owner operate more than one adult family home?
  • Who is the caregiver that will be working with you?
  • Does the caregiver have the qualifications to manage your specific care needs?
  • Has their been any disciplinary actions or investigations by DSHS?
  • Where will the caregiver sleep (yes, I have seen caregivers that sleep on the couch in the living room of a one bedroom condo).

Go in with your eyes open, and you can avoid being placed in a facility that can't support your needs.

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