WSR 15-03-070

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Operations Support and Services Division)

(Background Check Central Unit)

[Filed January 15, 2015, 2:51 p.m., effective February 15, 2015]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this coordinated rule making is to move children's administration (CA) background check requirements from chapter 388-06 WAC, WAC 388-06-0010 through 388-06-0260, to chapter 388-06A WAC. Under a separate CR-103, CA will create chapter 388-06A WAC and permanently adopt CA's background check rules. This rule making is intended to resolve confusion and misapplication of program-specific background check requirements that exist because CA programmatic background check requirements are contained in the rule chapter for department-wide background check requirements.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-06-0010, 388-06-0020, 388-06-0100, 388-06-0110, 388-06-0120, 388-06-0130, 388-06-0140, 388-06-0150, 388-06-0160, 388-06-0170, 388-06-0180, 388-06-0190, 388-06-0200, 388-06-0210, 388-06-0220, 388-06-0230, 388-06-240, 388-06-0250, and 388-06-0260.

Statutory Authority for Adoption: RCW 43.43.832.

Other Authority: RCW 74.15.030, 43.43.832, 43.43.837.

Adopted under notice filed as WSR 14-23-074 on November 18, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 19.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 19.

Date Adopted: January 14, 2015.

Katherine I. Vasquez

Rules Coordinator

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 388-06-0010	What is the purpose of this chapter?
WAC 388-06-0020	What definitions apply to WAC 388-06-0100 through 388-06-0260 of this chapter?
WAC 388-06-0100	Why are background checks done?
WAC 388-06-0110	Who must have background checks?
WAC 388-06-0120	Who is not affected by this chapter?
WAC 388-06-0130	Does the background check process apply to new and renewal licenses, certification, contracts, and authorizations to have unsupervised access to children?
WAC 388-06-0140	What happens if I don't comply with the background check requirement?
WAC 388-06-0150	What does the background check cover?
WAC 388-06-0160	Who pays for the background check?
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?
WAC 388-06-0180	Are there other criminal convictions that will prohibit me from working with children or individuals with a developmental disability?
WAC 388-06-0190	If I have a conviction, may I ever have unsupervised access to children?
WAC 388-06-0200	Will I be disqualified if there are pending criminal charges on my background check?
WAC 388-06-0210	Will you license, contract, or authorize me to have unsupervised access to children if my conviction has been expunged, or vacated from my record or I have been pardoned for a crime?
WAC 388-06-0220	How will I know if I have not been disqualified by the background check?
WAC 388-06-0230	How will I know if I have been disqualified by the background check?
WAC 388-06-0240	What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization based on the results of the background check?
WAC 388-06-0250	Is the background check information released to my employer or prospective employer?
WAC 388-06-0260	May I receive a copy of my criminal background check results?