(1) In two situations, DSHS may find a person with convictions able to have unsupervised access to children:

(a) If the conviction for any crime listed in WAC 388-06A-0180 occurred more than five years ago; or

(b) If the conviction was for a crime other than those listed in WAC 388-06A-0170 or 388-06A-0180.

(2) In both of these situations, DSHS must review your background to determine your character, suitability, and competence to have unsupervised access to children. In this review, DSHS must consider the following factors:

(a) The amount of time that has passed since you were convicted;

(b) The seriousness of the crime that led to the conviction;

(c) The number and types of other convictions in your background;

(d) Your age at the time of conviction;

(e) Documentation indicating you has successfully completed all court-ordered programs and restitution;

(f) Your behavior since the conviction; and

(g) The vulnerability of those that would be under your care.