WSR 18-05-052
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed February 14, 2018, 3:23 p.m., effective February 15, 2018]
Effective Date of Rule: February 15, 2018.
Purpose: The department is amending WAC 388-06A-0110 Who must have background checks?, to align with changes in RCW 74.15.030 and 43.43.832 which allow 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. The department is currently in the permanent rule filing process and is therefore extending the current emergency WAC filed as WSR 17-21-109 on October 18, 2017, until the permanent WAC goes into effect.
Citation of Rules Affected by this Order: Amending WAC 388-06A-0110.
Statutory Authority for Adoption: RCW 74.15.030, 43.43.832.
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: Changes were made to RCW 74.15.030 and 43.43.832 by section 5, chapter 20, Laws of 2017, that went into effect on October 19, 2017. WAC 388-06A-0110 is being amended to align with these revised RCW.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: February 13, 2018.
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 RCW 74.15.030, 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 RCW 74.15.030, 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 provide care. The department requires background checks on 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 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; and
(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.
(3) Per RCW 13.34.138, prior to returning a dependent child home the department requires a background check on all adults residing in the home.