Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-11-097.

     Title of Rule and Other Identifying Information: Amending WAC 388-06-0110, describing who must have background checks, 388-06-0150, describing what information must be reviewed by the department when performing a background check, and 388-06-0160, describing who pays for background checks.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on January 6, 2009, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than January 7, 2009.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by

5 p.m. on January 6, 2009.

     Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by December 23, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DSHS is proposing these rules to comply with chapter 387, Laws of 2007 (ESSB 5774), impacting background check requirements for certain child care providers and children returning to their home; and to comply with the federal Adam Walsh Act of 2006. These rules describe the requirements related to background checks for individuals who will have unsupervised access to children or to individuals with developmental disabilities in homes, facilities or operations licensed or contracted by the department to provide care.

     Reasons Supporting Proposal: Same as above.

     Statutory Authority for Adoption: RCW 74.15.030, 43.43.837, 13.34.138, 26.33.190, 26.44.030.

     Statute Being Implemented: RCW 43.43.837, 26.33.190.

     Rule is necessary because of federal law, P.L. 109-248 Adam Walsh Act.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cindy LaRose, P.O. Box 45025, Olympia, WA 98504-5025, (360) 902-8072.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt under RCW 19.85.025(3) because it adopts or incorporates without material change portions of chapter 387, Laws of 2007, and portions of the federal Adam Walsh Act.

     A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(iii) because it adopts or incorporates without material change portions of chapter 387, Laws of 2007, and portions of the federal Adam Walsh Act.

November 24, 2008

Stephanie E. Schiller

Rules Coordinator

     (1) A person licensed, certified, or contracted by us to care for children (chapter 74.15 RCW and RCW 43.43.832);

     (2) A prospective or current employee for a licensed care provider or a person or entity contracting with us;

     (3) A volunteer or intern with regular or unsupervised access to children who is in a home or facility that offers licensed care to children;

     (4) A person who is at least sixteen years old, is residing in a foster home, relative's home, or child care home and is not a foster child;

     (5) A person not related to the child who the court has approved placement as allowed in RCW 13.34.130;

     (6) A relative other than a parent who may be caring for a child or an individual with a developmental disability;

     (((6))) (7) A person who regularly has unsupervised access to a child or an individual with a developmental disability;

     (((7))) (8) A provider who has unsupervised access to a child or individual with a developmental disability in the home of the child or individual with a developmental disability; and

     (((8))) (9) Prospective adoptive parents ((as defined in RCW 26.33.020)).

[Statutory Authority: RCW 74.15.030. 01-18-025, § 388-06-0110, filed 8/27/01, effective 10/1/01.]

     (a) Criminal convictions and pending charges based on identifying information provided by you. However, if you have lived in Washington State for less than three years prior to the check, the department must conduct a fingerprint based background check for you to have unsupervised access to children or to individuals with developmental disabilities.

     (b) ((For children's administration, child protective service case file information (CAMIS) for founded reports of child abuse or neglect; and)) If the background check is being conducted for Children's Administration, it must also include:

     (i) A review of child protective services case files information or other applicable information system.

     (ii) Administrative hearing decisions related to any DSHS license that has been revoked, suspended, or denied.

     (c) ((For children's administration, administrative hearing decisions related to any DLR license that has been revoked, suspended or denied)) If the background check is being conducted by Children's Administration for placement of a child in out-of-home care, including foster homes, adoptive homes, relative placements, and placement with other suitable persons under chapter 13.34 RCW, the department must check the following in addition to the requirements above for each person over eighteen years of age residing in the home:

     (i) Child abuse and neglect registries in each state a person has lived in the five years prior to conducting the background check.

     (ii) Washington state patrol (WSP) and federal bureau of investigation (FBI) fingerprint based background checks regardless of how long you have resided in Washington.

     (2) The department may also review:

     (a) Any civil judgment, determination or disciplinary board final decisions of child abuse or neglect.

     (b) Law enforcement records of convictions and pending charges in other states or locations if:

     (i) You have lived in another state.

     (ii) Reports from other credible sources indicating a need to investigate another state's records.

     (((3) The department may review law enforcement records of convictions and pending charges in other states or locations if:

     (a) You have lived in another state; and

     (b) Reports from credible community sources indicate a need to investigate another state's records.

     (4) If you have lived in Washington state less than three years immediately prior to your application to have unsupervised access to children or to individuals with a developmental disability, the department requires that you be fingerprinted for a background check with the Washington state patrol (WSP) and the Federal Bureau of Investigation (FBI), as mandated by chapter 74.15 RCW.))

[Statutory Authority: RCW 74.15.030. 01-18-025, § 388-06-0150, filed 8/27/01, effective 10/1/01.]

     (2) Children's administration pays ((for fingerprinting expenses)) the WSP and FBI-fingerprint processing fees for ((those)) foster home applicants ((and relatives)), CA relative and other suitable caregivers, CA adoptive home applicants, and other adults in the home who require fingerprinting under chapter 13.34 RCW.

     (3) Children's administration does not pay ((for)) fingerprinting fees or expenses for employees, contractors, or volunteers associated with any other type of home or facility.

     (4) The division of developmental disabilities pays for background checks for individuals seeking authorization to provide services to their clients.

[Statutory Authority: RCW 74.15.030. 01-18-025, § 388-06-0160, filed 8/27/01, effective 10/1/01.]

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