Updates to Ch 388-76 WAC Rulemaking for Adult Family Home Regulations
DSHS has announced the start of rulemaking for Chapter 388-76 WAC. The proposed rulemaking is intended to reduce barriers to licensure, clarify existing requirements, align Washington Administrative Code (WAC) language with state law, and strengthen resident safety.
Proposed Rule Changes
The proposed amendments include:
- Removing the background check requirement for spouses and domestic partners of Adult Family Home entity representatives who have no ownership interest in the business and do not live in the home.
- Clarifying the age at which household members are required to complete background checks.
- Updating resident transfer and discharge notice requirements to align with current state law.
- Requiring newly licensed Adult Family Homes to maintain a minimum 36-inch clear space in front of at least one resident bedroom window to improve emergency escape and rescue access.
DSHS may also make additional revisions to improve clarity, update policy language, and ensure consistency with state and federal laws and regulations.
Opportunities to Provide Feedback
DSHS will use a collaborative rulemaking process that includes feedback from Adult Family Home providers, stakeholders, and other interested parties before proposed rules are finalized.
To support this effort, DSHS has scheduled two virtual stakeholder meetings to review the proposed changes and gather public input:
- Thursday, July 9, 2026 | 9:00 a.m. – 10:30 a.m.
AFH Rulemaking Interested Parties Meeting #1 – Discharge Notices, Background Checks, and Emergency Escape Windows
- Tuesday, July 28, 2026 | 9:00 a.m. – 10:30 a.m.
AFH Rulemaking Interested Parties Meeting #2 – Discharge Notices, Background Checks, and Emergency Escape Windows
Recommended Steps for AFH Providers
Adult Family Home providers are encouraged to:
- Review the proposed rule changes and consider how they may affect their operations.
- Participate in one of the upcoming stakeholder meetings to learn more and provide feedback.
- Monitor future communications from DSHS regarding the formal rulemaking process and proposed rule language.
- Share comments or questions with the RCS Policy Unit as additional draft language becomes available.
This rulemaking process is in its early stages, and no rule changes have been adopted at this time. DSHS will continue working with providers and stakeholders before filing proposed and final rules.
Not a Member Yet?
Membership fees enable the Council to cover legal expenses and fund staff to advocate with the state and regulatory agencies. The participation of every adult family home is vital to ensuring fair regulations and rates that accurately reflect the costs of caring for our vulnerable adults. Consider becoming a member of the Council to help us continue improving conditions for all adult family homes in Washington State.