Wash. Rev. Code » Title 70 · Chapter 70.128
Revised Code of Washington

Wash. Rev. Code § 70.128.040 (2026)

✓ current as of May 2026
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(1) The department shall adopt rules and standards with respect to adult family homes and the operators thereof to be licensed under this chapter to carry out the purposes and requirements of this chapter. The rules and standards relating to applicants and operators shall address the differences between individual providers and providers that are partnerships, corporations, associations, or companies. The rules and standards shall also recognize and be appropriate to the different needs and capacities of the various populations served by adult family homes such as but not limited to persons who are developmentally disabled or elderly. In developing rules and standards the department shall recognize the residential family-like nature of adult family homes and not develop rules and standards which by their complexity serve as an overly restrictive barrier to the development of the adult family homes in the state. Procedures and forms established by the department shall be developed so they are easy to understand and comply with. Paper work requirements shall be minimal. Easy to understand materials shall be developed for applicants and providers explaining licensure requirements and procedures.
(2)(a) In developing the rules and standards, the department shall consult with all divisions and administrations within the department serving the various populations living in adult family homes, including the division of developmental disabilities and the aging and adult services administration. Involvement by the divisions and administration shall be for the purposes of assisting the department to develop rules and standards appropriate to the different needs and capacities of the various populations served by adult family homes. During the initial stages of development of proposed rules, the department shall provide notice of development of the rules to organizations representing adult family homes and their residents, and other groups that the department finds appropriate. The notice shall state the subject of the rules under consideration and solicit written recommendations regarding their form and content.
(b) In addition, the department shall engage in negotiated rule making pursuant to RCW 34.05.310(2)(a) with the exclusive representative of the adult family home licensees selected in accordance with RCW 70.128.043 and with other affected interests before adopting requirements that affect adult family home licensees.
(3) Except where provided otherwise, chapter 34.05 RCW shall govern all department rule-making and adjudicative activities under this chapter.
(4) The department shall establish a specialty license to include geriatric specialty certification for providers who have successfully completed the University of Washington school of nursing certified geriatric certification program and testing.
[ 2009 c 530 s 1; 2007 c 184 s 8; 1995 c 260 s 3; 1989 c 427 s 18.]

Notes:

Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.155.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2000–2021 · leading case: Conway v. Dep't of Soc. & Health Servs., 120 P.3d 130 (Wash. Ct. App. 2005).
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Conway v. Dep't of Soc. & Health Servs., 120 P.3d 130 (Wash. Ct. App. 2005). “¶13 As required by RCW 70.128.040, DSHS adopted regulations to implement standards for operating an AFH under chapter 388-76 WAC.”
Williams-Batchelder v. Quasim, 19 P.3d 421 (Wash. Ct. App. 2000). “060(5) provides that the Department shall not issue a license if the provider “has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.”
Certain Underwriters at Lloyd's London Subscribing to Policy No. WN144245 v. The Vision AFH LLC (W.D. Wash. 2021). “128, which include (1) encouraging the establishment and 3 maintenance of homes that provide a humane, safe, and residential home environment 4 for persons with functional limitations and (2) establish standards for regulating adult 5 family homes that adequately protect…”
Certain Underwriters at Lloyd's London Subscribing to Policy No. WN144245 v. The Vision AFH LLC (W.D. Wash. 2021). “According to RCW 70.128.040(1), the rules and standards for licensing 20 adult family homes “shall recognize the residential family-like nature of adult family 21 homes and not develop rules and standards which by their complexity serve as an 22 overly restrictive barrier to the…”
— Wash. Rev. Code § 70.128.040(1) — 2 cases
Williams-Batchelder v. Quasim, 19 P.3d 421 (Wash. Ct. App. 2000). “060(5) provides that the Department shall not issue a license if the provider “has a history of significant noncompliance with federal or state regulations, rules, or laws in providing care or services to vulnerable adults or to children.”
Certain Underwriters at Lloyd's London Subscribing to Policy No. WN144245 v. The Vision AFH LLC (W.D. Wash. 2021). “According to RCW 70.128.040(1), the rules and standards for licensing 20 adult family homes “shall recognize the residential family-like nature of adult family 21 homes and not develop rules and standards which by their complexity serve as an 22 overly restrictive barrier to the…”
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