WSR 13-23-090 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed November 20, 2013, 8:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-07-051.
Title of Rule and Other Identifying Information: WAC 170-290-0143 In-home/relative providers—Background checks—Required persons and 170-290-0160 In-home/relative providers—Background checks—Disqualified providers.
Hearing Location(s): Department of Early Learning (DEL), Olympia Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on December 30, 2013, at 12 p.m.
Date of Intended Adoption: Not earlier than December 30, 2013.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 586-0533.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by December 23, 2013, (360) 407-1962.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify under what circumstances a background check must be completed for an individual sixteen years of age or older residing with an in-home/relative child care provider. To clarify under what circumstances an in-home/relative provider will be permanently disqualified for giving incorrect or misleading information or withholding information as to whether an individual sixteen years of age or over living with the provider is a registered sex offender.
Reasons Supporting Proposal: Streamlining WAC 170-290-0143 is necessary to resolve potential ambiguity as to whether background checks are required for individuals sixteen years of age or older living with an in-home/relative provider when the child receiving care also lives with the provider. Streamlining WAC 170-290-0160 is necessary to resolve potential ambiguity as to whether a provider will be permanently disqualified as an in-home/relative provider for giving incorrect or misleading information or withholding information as to whether an individual sixteen years of age or over living with the provider is a registered sex offender when care takes place in the child's home. In both sections, the ambiguity is resolved in a manner consistent with privacy and association interests and the interest of effective measures to ensure the safety of children in care.
Statute Being Implemented: Chapter 43.215 RCW.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Admin., DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
November 20, 2013
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)
WAC 170-290-0143 In-home/relative providers—Background checks—Required persons.
(1) Background checks for eligible licensed and certified providers are covered under chapter 170-06 WAC. (2) A background check must be completed for: (a) All in-home/relative providers who apply to care for a WCCC consumer's child; and (b) Any individual sixteen years of age or older who is residing with a provider when the provider cares for the child in the provider's own home where the child does not reside. (3) A background check must be completed for individuals listed in subsection (2)(a) and (b) of this section at least every two years. (4) Additional background checks must be completed for individuals listed in subsection (2)(a) and (b) of this section when: (a) Any individual sixteen years of age or older is newly residing with a provider when the provider cares for the child in the provider's own home where the child does not reside; (b) DSHS has a valid reason to check more frequently; (c) An in-home/relative provider applies to provide care for a family, such as when: (i) A break in service occurs to the current consumer; (ii) There is a break in consumer eligibility; or (iii) A provider is currently providing care and there are no prior background results for this provider. (5) DSHS does not need to request a new background check for an individual in subsection (2)(a) or (b) if: (a) DSHS has results that were received no more than ninety days prior to the current requested start date of care; and (b) The results indicate there is no record.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0160 In-home/relative providers—Background checks—Disqualified providers.
(1) DSHS permanently disqualifies the person as an in-home/relative provider for WCCC if: (a) ((A consumer's)) The provider or an individual listed in WAC 170-290-0143(2) has a background containing a permanently disqualifying conviction for crimes on the DEL director's list in WAC 170-06-0120(1); or (b) Care takes place in the provider's home where the child does not reside and the ((in-home/relative)) provider ((intentionally or)) knowingly gives DSHS incorrect or misleading information or withholds information as to whether an individual sixteen years of age or over living with the provider is a registered sex offender. (2) If the conditions in WAC 170-290-0167 (1)(a) and (b) are met, the disqualifying background of an individual sixteen years of age or over living with the provider may not permanently disqualify the provider. This subsection does not apply to subsection (1)(b) of this section.
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