WSR 17-24-081 PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed December 5, 2017, 11:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-21-103.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-06A-0110 Who must have background checks?
Hearing Location(s): On January 9, 2018, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than January 10, 2018.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., January 9, 2018.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by December 26, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend WAC 388-06A-0110 Who must have background checks?, to align with changes to RCW 74.15.030 and 43.43.832, which allow[s] the department to complete background checks on individuals younger than sixteen years old when it is warranted to ensure the safety of children in foster care. Additional edits are being made to clarify the language.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting,Implementation, and Enforcement: Chris Parvin, P.O. Box 45710, Olympia, WA 98504, 360-407-55011 [360-407-5501].
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This amendment is exempt as allowed under RCW 34.05.328 (5)(b)(iii) which states in part "This section does not apply to … rules adopting or incorporating by reference without material change … Washington state statutes.["]
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
November 30, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-03-071, filed 1/15/15, effective 2/15/15)
WAC 388-06A-0110 Who must have background checks?
(1) ((Per)) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department requires background checks on all providers who may have unsupervised access to children. This includes licensed, certified, or contracted providers, their current or prospective employees and prospective adoptive parents as defined in RCW 26.33.020.
(2) ((Per)) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department also requires background checks on other individuals who may have unsupervised access to children in department licensed or contracted homes, or facilities ((which)) that provide care. The department requires background checks on all of the following people:
(a) A volunteer or intern with regular or unsupervised access to children((;)).
(b) Any person who regularly has unsupervised access to a child. However, a background check is not required when a caregiver approves the unsupervised access for a normal childhood activity that lasts less than seventy-two hours, ((per)) as stated in RCW 74.13.710((;)).
(c) A relative other than a parent who may be caring for a child((; and)).
(d) A person who is at least sixteen years old and resides in a foster, relative, or other suitable person's home and is not a foster child.
(e) A person who is younger than sixteen years old in situations where it may be warranted to ensure the safety of children in out-of-home care. The department may require a background check for persons younger than sixteen years old in situations where it may be warranted to ensure the safety of children in out-of-home care.
(3) ((Per)) Under RCW 13.34.138, prior to returning a dependent child home, the department requires a background check on all adults residing in the home.
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