WSR 14-13-064 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Operations Support and Services Division) [Filed June 12, 2014, 3:20 p.m., effective June 12, 2014, 3:20 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The background check central unit is amending WAC 388-06-0620 related to DSHS employee background check requirements. This rule making is being filed on behalf of human resources division to comply with sections 1 and 2, chapter 88, Laws of 2014 (SSB 6095).
Citation of Existing Rules Affected by this Order: Amending WAC 388-06-0620.
Statutory Authority for Adoption: Chapter 88, Laws of 2014; RCW 43.43.832.
Other Authority: RCW 43.20A.710.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: During the 2014 legislative session, chapter 88, Laws of 2014 (SSB 6095) was signed into law. Emergency revisions are necessary to implement sections 1 and 2 of SSB 6095 which amends RCW 43.43.842 and 43.20A.710 to prohibit the department and its providers from automatically disqualifying an applicant if the department reviewed the individual's otherwise disqualifying criminal history through the 2002 background assessment review team process and determined that the individual could remain in a department-covered position. The provisions of this rule allow continued services.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 12, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-03-003, filed 1/8/09, effective 2/8/09)
WAC 388-06-0620 What information is considered in a background check conducted by DSHS and what are the results of the background check used for?
(1) The background check information considered by the DSHS secretary will include but is not limited to conviction records, pending charges, and civil adjudications as defined in RCW 43.43.830.
(2) The background information must be used by DSHS to determine the character, competence, and suitability of the applicant and/or employee to have unsupervised access to vulnerable adults, juveniles and children.
(3) If the applicant or employee's criminal history was reviewed in 2002 by DSHS through its background assessment review team (BART) process, and if DSHS determined the employee could remain in a covered position, the applicant or employee will not be disqualified based upon criminal history, including his or her conviction record, that was known and considered during the BART process.
(4) Background information that was the subject of a pardon, annulment, or other equivalent procedure will not disqualify an applicant and/or employee from having unsupervised access to vulnerable adults, juveniles and children.
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