WSR 14-13-002
PERMANENT RULES
DEPARTMENT OF
EARLY LEARNING
[Filed June 4, 2014, 2:40 p.m., effective July 5, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To align the department of early learning's director's list of crimes that permanently disqualify an individual from authorization to care for or have unsupervised access to children with department of social and health services' secretary's list of crimes and negative actions for which a person is denied unsupervised access to vulnerable adults, juveniles, and children by removing "carnal knowledge" from the director's list.
Citation of Existing Rules Affected by this Order: Amending WAC 170-06-0120.
Statutory Authority for Adoption: RCW
43.215.060 and 43.215.070; chapter
43.215 RCW.
Adopted under notice filed as WSR 14-09-011 on April 4, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 4, 2014.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 12-12-040, filed 5/30/12, effective 7/1/12)
WAC 170-06-0120 Director's list.
(1) A subject individual's conviction for any crimes listed in column (a) in the table below will permanently disqualify him or her from authorization to care for or have unsupervised access to children in child care.
(2) A subject individual's conviction for any crime listed in column (b) in the table below will disqualify him or her from authorization to care for or have unsupervised access to children in child care for a period of five years from the date of conviction.
| |
(a) Crimes that permanently disqualify a subject individual |
(b) Crimes that disqualify a subject individual for five years from date of conviction |
Abandonment of a child |
Abandonment of a dependent person not against child |
Arson |
Assault 3 not domestic violence |
Assault 1 |
Assault 4/simple assault |
Assault 2 |
Burglary |
Assault 3 domestic violence |
Coercion |
Assault of a child |
Custodial assault |
Bail jumping |
Custodial sexual misconduct |
((Carnal knowledge)) |
Extortion 2 |
Child buying or selling |
Forgery |
Child molestation |
Harassment |
Commercial sexual abuse of a minor |
|
Communication with a minor for immoral purposes |
Identity theft |
Controlled substance homicide |
Leading organized crime |
Criminal mistreatment |
Malicious explosion 3 |
Custodial interference |
Malicious mischief |
Dealing in depictions of minor engaged in sexually explicit conduct |
Malicious placement of an explosive 2 |
Domestic violence (felonies only) |
Malicious placement of an explosive 3 |
Drive-by shooting |
Malicious placement of imitation device 1 |
Extortion 1 |
Patronizing a prostitute |
Harassment domestic violence |
Possess explosive device |
Homicide by abuse |
Promoting pornography |
Homicide by watercraft |
Promoting prostitution 1 |
Incendiary devices (possess, manufacture, dispose) |
Promoting prostitution 2 |
Incest |
Promoting suicide attempt |
Indecent exposure/public indecency (felonies only) |
Prostitution |
Indecent liberties |
Reckless endangerment |
Kidnapping |
Residential burglary |
Luring |
Stalking |
Malicious explosion 1 |
Theft |
Malicious explosion 2 |
Theft-welfare |
Malicious harassment |
Unlawful imprisonment |
Malicious mischief domestic violence |
Unlawful use of a building for drug purposes |
Malicious placement of an explosive 1 |
Violation of the Imitation Controlled Substances Act (manufacture/deliver/intent) |
Manslaughter |
Violation of the Uniform Controlled Substances Act (manufacture/deliver/intent) |
Murder/aggravated murder |
Violation of the Uniform Legend Drug Act (manufacture/deliver/intent) |
|
Violation of the Uniform Precursor Drug Act (manufacture/deliver/intent) |
Possess depictions minor engaged in sexual conduct |
|
Rape |
|
Rape of child |
|
Robbery |
|
Selling or distributing erotic material to a minor |
|
Sending or bringing into the state depictions of a minor |
|
Sexual exploitation of minors |
|
Sexual misconduct with a minor |
|
Sexually violating human remains |
|
Use of machine gun in felony |
|
Vehicular assault |
|
Vehicular homicide (negligent homicide) |
|
Violation of child abuse restraining order |
|
Violation of civil anti-harassment protection order |
|
Violation of protection/contact/restraining order |
|
Voyeurism |
|