State Rep. Ruth Kagi, D-Lake Forest Park, wants an opinion from the state attorney general’s office regarding a cluster of foster homes in Lake Forest Park.
Kagi contacted the attorney general’s office on Tuesday, May 31, requesting a determination on the legal authority of the state Department of Licensing and the ability to halt placements at Fodor Homes LLC.
It may take up to 90 days for an opinion to be completed.
Fodor Homes LLC, which has six operating foster homes in the vicinity of 40th Avenue NE, caters to autistic children. The homes have become a source of controversy because of recent expansion, which some residents say impacts both the neighborhood and school district.
The topic will likely be addressed in the 2006 Legislature, said Kagi, who heads the House Children and Family Services Committee. In the meantime, Kagi is assessing methods for dealing with the issues raised, such as mandating that dispersion be established as a criterion when granting a license.
Looking at existing laws, Kagi does not believe the state has the authority to deny a license based solely on concentration.
“We need a very clear understanding of how much authority currently exists in law and what the process is,” Kagi said. “I want to understand this so I can fashion legislation for the next session to include concentration as criteria for granting a license.”
Kagi previously met with Robin Arnold-Williams, secretary of the state Department of Social and Health Services (DSHS), and Liz Dunbar, DSHS deputy secretary, to discuss Fodor Homes LLC. Due to the nature of the service provided by Fodor Homes LLC, Kagi said it is difficult to regulate.
“Fodor Homes is providing very high quality services to high-need children, there aren’t many services across the state for children,” Kagi said. “It is a particularly difficult situation.”
Dunbar said DSHS staff is still exploring what can be done policy-wise, and said staff has sought legal advice from the attorney general’s office.
“We are trying to address concerns and will continue to work on whether there are any policy changes we can work on here,” Dunbar said.
There are strict federal regulations regarding restricting homes for developmentally disabled individuals, Kagi said, including the Fair Housing Act and Americans with Disabilities Act.
“I am trying to find out how much authority at the state level we would have to add criteria for licensing without running afoul of federal law,” Kagi said.
Kagi favors addressing the issue of concentration of special-needs children being served in a particular district, as she says a high concentration of homes impacts the school district, neighbors and the children.
“I think it ends up not benefiting children when there is such a concentration in a neighborhood,” Kagi said. “The Legislature needs to look at the whole issue.”
A moratorium can not be considered, Kagi said, because it is essentially a stop-placement order and licensees have legal rights.
Sharon Porter, regional licenser for King County, said Fodor Homes is licensed as staffed residential homes. Each home must be licensed individually and each can be occupied by no more than six children.
Porter said Susan Fodor, owner of Fodor Homes LLC, has a total of seven licenses, one for each home including her own, which she uses for temporary emergency placements. Porter said there is no limit to how many houses can be licensed by a provider.
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