WSR 14-23-088
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Financial Services Administration)
[Filed November 19, 2014, 10:07 a.m., effective November 21, 2014]
Effective Date of Rule: November 21, 2014.
Purpose: The background check central unit is amending three sections of chapter 388-06 WAC related to what crimes and pending charges may be considered disqualifying by children's administration when licensing or approving an individual to have unsupervised access to children. This rule making is being filed on behalf of children's administration to comply with section 4, chapter 88, Laws of 2014 (SSB 6095).
Citation of Existing Rules Affected by this Order: Amending WAC 388-06-0170, 388-06-0180, and 388-06-0200.
Statutory Authority for Adoption: Chapter 88, Laws of 2014; RCW 43.43.832.
Other Authority: P.L. 105-89; RCW 74.15.030.
Under RCW 34.05.350 the agency for good cause finds 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: Emergency revisions are necessary to implement chapter 88, Laws of 2014 (SSB 6095) which limits the background information that children's administration may consider disqualifying.
Children's administration has just completed the required draft review and submitted their proposal documents for filing with the office of the code reviser by November 19, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: November 12, 2014.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 01-18-025, filed 8/27/01, effective 10/1/01)
WAC 388-06-0170 Will a criminal conviction permanently prohibit me from being licensed, contracted, or authorized to have unsupervised access to children or to individuals with developmental disability?
(1) There are convictions for certain crimes that will permanently prohibit you from being licensed, contracted, certified or authorized to have unsupervised access to children or to individuals with developmental disability. Those felony convictions are as follows:
(a) Child abuse and/or neglect;
(b) Spousal abuse;
(c) A crime against a child (including child pornography);
(d) A crime involving violence (including rape, sexual assault, or homicide but not including other physical assault or battery); or
(e) Any federal or out-of-state conviction for an offense that under the laws of this state would disqualify you from having unsupervised access to children or individuals with developmental disabilities in any home or facility.
(2) If you are convicted of one of the crimes listed in WAC 388-06-0170 (1)(a) through (e) you will not be able to:
(a) Receive a license to provide care to children;
(b) Be approved for adoption of a child;
(c) Be a contractor;
(d) Be employed by a licensed agency or contractor, if you will have unsupervised access to children or to individuals with a developmental disability;
(e) Volunteer or participate as an intern in a home or facility that offers care to children or to individuals with a developmental disability; or
(f) Provide any type of care to children or to individuals with a developmental disability, if the care is funded by the state.
AMENDATORY SECTION (Amending WSR 10-16-083, filed 7/30/10, effective 8/30/10)
WAC 388-06-0180 Are there other criminal convictions that will prohibit me from being licensed, contracted, or authorized to have unsupervised access to children or from working with children or individuals with a developmental disability?
The department must disqualify you from licensing, contracting, certification, or from having unsupervised access to children or to individuals with a developmental disability if it has been less than five years from a conviction for the following crimes:
(1) Any felony physical assault or battery offense not included in WAC 388-06-0170;
(2) ((Any sex offense not included in WAC 388-06-0170;
(3) Any felony conviction not included in WAC 388-06-0170; or
(4))) Felony violation of the following drug-related crimes:
(a) The Imitation Controlled Substances Act (for substances that are falsely represented as controlled substances (see chapter 69.52 RCW));
(b) The Legend Drug Act (prescription drugs, see chapter 69.41 RCW);
(c) The Precursor Drug Act (substances used in making controlled substances, see chapter 69.43 RCW);
(d) The Uniform Controlled Substances Act (illegal drugs or substances, see chapter 69.50 RCW); or
(e) Unlawfully manufacturing, delivering or possessing a controlled substance with intent to deliver, or unlawfully using a building for drug purposes.
(5) Any federal or out-of-state conviction for an offense that under the laws of Washington state would disqualify you for no less than five years from having unsupervised access to children or individuals with a developmental disability.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 01-18-025, filed 8/27/01, effective 10/1/01)
WAC 388-06-0200 Will I be disqualified if there are pending criminal charges on my background check?
(1) The department will not license, contract, certify, or authorize a person to have unsupervised access to children or individuals with a developmental disability who have a criminal charge pending for a disqualifying crime described in the adoption and safe families act of 1997, or a criminal charge pending for a disqualifying crime that relates directly to child safety, permanence, or well-being.
(2) You may reapply for a license, contract, certification, or approval to have unsupervised access to children or to individuals with a developmental disability by providing proof to the department that the charge against you has been dropped or that you were acquitted.