WSR 05-15-145

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed July 19, 2005, 4:16 p.m. ]

Subject of Possible Rule Making: The Administrative Services Division is amending, consolidating and colocating existing department background check rules in chapter 388-06 WAC and related sections. These changes will establish consistent and standard department-wide background check requirements.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.830 through 43.43.845 as amended by chapter 421, Laws of 2005 (SSB 5899).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is responsible to license, contract, certify, authorize client payments and authorize unsupervised access to vulnerable adults, juveniles and children receiving services through the department and through community-based entities and individuals. The department must establish standard background check rules which are applied to both DSHS employees and community service providers to protect vulnerable individuals from the potential risk of harm. Current DSHS background check requirements are located in multiple rules. Colocating existing background check rules and establishing department-wide background check requirements will reduce confusion and inconsistent department background check requirements.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department is coordinating with the federal Health and Human Services (HHS) to ensure background check requirements are consistent with the federal Child Abuse Prevention and Treatment Act. The department is coordinating with the Washington State Patrol (WSP) to ensure DSHS rules meet WSP requirements. The department is also coordinating with the Department of Personnel to make these rules consistent with requirements for state employees.

Process for Developing New Rule: DSHS welcomes the public to take part in developing rules. Anyone interested in participating should contact the staff person indicated below. After the rule is drafted DSHS will file a copy with the Office of Code Reviser with a notice of proposed rule making and send a copy to everyone currently on the mailing list and anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jackie Beery, Policy Manager, Department of Social and Health Services, Background Check Central Unit, Administrative Services Division, P.O. Box 45025, Olympia, WA 98504-5025, phone (360) 902-7823, fax (360) 902-7954, e-mail beeryja@dshs.wa.gov.

July 15, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office