WSR 18-08-066
(Aging and Long-Term Support Administration)
[Filed April 2, 2018, 3:29 p.m., effective May 3, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending the list of disqualifying crimes found in WAC 388-113-0020 related to the passage of HB [ESHB] 1153 and HB [E2SHB] 1163 in the 2017 legislative session.
Citation of Rules Affected by this Order: Amending WAC 388-113-0020.
Statutory Authority for Adoption: RCW 74.08.090, 43.43.842, 74.39A.056.
Adopted under notice filed as WSR 17-22-090 on October 30, 2017.
Changes Other than Editing from Proposed to Adopted Version: Reference to chapter 388-106 WAC was included in the question but inadvertently left out of the answer.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: April 2, 2018.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-14-025, filed 6/24/14, effective 7/25/14)
WAC 388-113-0020 Which criminal convictions and pending charges automatically disqualify an individual from having unsupervised access to adults or minors who are receiving services in a program under chapters 388-71, 388-101, 388-106, 388-76, 388-78A, 388-97, 388-825, and 388-107 WAC?
(1) Individuals who must satisfy background checks requirements under chapters 388-71, 388-101, 388-106, 388-76, 388-78A, 388-97, 388-825, and 388-107 WAC ((may)) must not work in a position that may involve unsupervised access to minors or vulnerable adults if ((he or she)) the individual has been convicted of or has a pending charge for ((one)) any of the following crimes:
(a) Abandonment of a child;
(b) Abandonment of a dependent person;
(c) Abuse or neglect of a child;
(d) Arson 1;
(e) Assault 1;
(f) Assault 2;
(g) Assault 3;
(h) Assault 4/simple assault (less than three years);
(i) Assault 4 domestic violence felony;
(j) Assault of a child;
(((j))) (k) Burglary 1;
(((k))) (l) Child buying or selling;
(((l))) (m) Child molestation;
(((m))) (n) Coercion (less than five years);
(((n))) (o) Commercial sexual abuse of a minor/patronizing a juvenile prostitute;
(((o))) (p) Communication with a minor for immoral purposes;
(((p))) (q) Controlled substance homicide;
(((q))) (r) Criminal mistreatment;
(((r))) (s) Custodial assault;
(((s))) (t) Custodial interference;
(((t))) (u) Custodial sexual misconduct;
(((u))) (v) Dealing in depictions of minor engaged in sexual explicit conduct;
(((v))) (w) Domestic violence (felonies only);
(((w))) (x) Drive-by shooting;
(((x))) (y) Drug crimes, if they involve one or more of the following:
(i) Manufacture of a drug;
(ii) Delivery of a drug; ((and))
(iii) Possession of a drug with the intent to manufacture or deliver.
(((y))) (z) Endangerment with a controlled substance;
(((z))) (aa) Extortion;
(((aa))) (bb) Forgery (less than five years);
(((bb))) (cc) Homicide by abuse, watercraft, vehicular homicide (negligent homicide);
(((cc))) (dd) Identity theft (less than five years);
(((dd))) (ee) Incendiary devices (possess, manufacture, dispose);
(((ee))) (ff) Incest;
(((ff))) (gg) Indecent exposure/public indecency (felony);
(((gg))) (hh) Indecent liberties;
(((hh))) (ii) Kidnapping;
(((ii))) (jj) Luring;
(((jj))) (kk) Malicious explosion 1;
(((kk))) (ll) Malicious explosion 2;
(((ll))) (mm) Malicious harassment;
(((mm))) (nn) Malicious placement of an explosive 1;
(((nn))) (oo) Malicious placement of an explosive 2 (less than five years);
(((oo))) (pp) Malicious placement of imitation device 1 (less than five years);
(((pp))) (qq) Manslaughter;
(((qq))) (rr) Murder/aggravated murder;
(((rr))) (ss) Possess depictions minor engaged in sexual conduct;
(((ss))) (tt) Promoting pornography;
(((tt))) (uu) Promoting prostitution 1;
(((uu))) (vv) Promoting suicide attempt (less than five years);
(((vv))) (ww) Prostitution (less than three years);
(((ww))) (xx) Rape;
(((xx))) (yy) Rape of child;
(((yy))) (zz) Residential burglary;
(((zz))) (aaa) Robbery;
(((aaa))) (bbb) Selling or distributing erotic material to a minor;
(((bbb))) (ccc) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct;
(((ccc))) (ddd) Sexual exploitation of minors;
(((ddd))) (eee) Sexual misconduct with a minor;
(((eee))) (fff) Sexually violating human remains;
(((fff))) (ggg) Stalking (less than five years);
(((ggg))) (hhh) Theft 1;
(iii) Theft from a vulnerable adult 1;
(jjj) Theft from a vulnerable adult 2 (less than ten years);
(((hhh))) (kkk) Theft 2 (less than five years);
(((iii))) (lll) Theft 3 (less than three years);
(((jjj))) (mmm) Unlawful imprisonment
(((kkk))) (nnn) Unlawful use of building for drug purposes (less than ((5)) five years);
(((lll))) (ooo) Use of machine gun in a felony;
(((mmm))) (ppp) Vehicular assault;
(((nnn))) (qqq) Violation of temporary restraining order or preliminary injunction involving sexual or physical abuse to a child;
(((ooo))) (rrr) Violation of a temporary or permanent vulnerable adult protection order (VAPO) that was based upon abandonment, abuse, financial exploitation, or neglect; and
(((ppp))) (sss) Voyeurism.
(2) If "(less than ten years)," "(less than five years)," or "(less than three years)" appears after a crime listed in subsection (1) ((above)) of this section, the individual is not automatically disqualified if the required number of years has passed since the date of the conviction. ((For example, if three or more years have passed since an individual was convicted of Theft in the 3rd degree that conviction would not be automatically disqualifying. If the required number of years has passed, the employer must conduct an overall assessment of the person's)) This will result in a letter from the background check central unit indicating a character, competence, and suitability review is required before allowing unsupervised access to children or vulnerable adults ((and minors)).
(3) When the department determines that a conviction or pending charge in federal court or in any other court, including state court is equivalent to a Washington state crime that is disqualifying under this section, the equivalent conviction or pending charge is also disqualifying.