CHILDREN, YOUTH, AND FAMILIES

[Filed August 27, 2019, 9:31 a.m.]

Preproposal statement of inquiry was filed as WSR 19-08-040.

Title of Rule and Other Identifying Information: WAC 110-06-0040 Background clearance requirements and 110-06-0041 Requirements for early learning service providers.

Hearing Location(s): On October 8, 2019, at 2:00 p.m., at 1110 Jefferson Street S.E., Baker Conference Room, Olympia, WA.

Date of Intended Adoption: October 11, 2019.

Submit Written Comments to: Department of Children, Youth, and Families (DCYF) Rules Coordinator, P.O. Box 40975, Olympia, WA 98504, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by October 8, 2019.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, by October 4, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Concerning background checks for licensed early learning providers and their employees: Require any licensed early learning provider who has not completed a fingerprint-based background check to do so when applying for a license renewal. Beginning October 1, 2020, require new employees of licensed early learning providers to receive from the department a background check clearance authorization prior to the first date of employment. This is a change from the current requirement under which new hires complete background check applications within seven days of hire and then are allowed to work in an early learning program with supervised access to children pending receipt of the clearance authorization.

Reasons Supporting Proposal: New federal requirements took effect October 1, 2017, that allow employees to work in an early learning program only after completing a fingerprint-based background check and receiving clearance authorization from the department. The department requested and received an implementation extension until October 1, 2020, and must amend its rules accordingly. To reinforce that all licensed providers comply with federal fingerprint-based background check requirements, the department is amending its rules to require a license renewal application to include a fingerprint-based background check for any applicant who has not undergone a background check for previous license applications.

Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.

Statute Being Implemented: RCW 43.216.270.

Rule is necessary because of federal law, [no further information supplied by agency].

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Chris Parvin, Olympia, Washington, 360-407-5501; Implementation and Enforcement: DCYF, statewide.

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. DCYF is not among the agencies required to comply with RCW 34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of these rules.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 42 U.S.C. 9858, et seq. and 45 C.F.R. 98.43, which requires fingerprint-based background checks for all licensed early learning providers and their staff members.

AMENDATORY SECTION(Amending WSR 19-01-111, filed 12/18/18, effective 1/18/19)

WAC 110-06-0040Background clearance requirements.

This section applies to all subject individuals other than in-home/relative providers.

(1) Subject individuals associated with early learning services applying for a first-time background check must complete the DCYF background check application process ((through DCYF to include))including, but not limited to:

(a) Submitting a completed background check application;

(b) Completing the required fingerprint process; and

(2) All subject individuals ((who have been previously)) qualified by the department to have unsupervised access to children in care ((and))who are renewing their applications must:

(a) Submit the new background check application through DCYF;

(b) Submit payment of all required fees as provided in WAC 110-06-0044; and

(c) Complete the required fingerprint process if the subject individual lives or has lived outside of Washington state since the previous background check was completed, or has not previously completed the fingerprint process required by this section.

(3) Each subject individual completing the DCYF background check process must disclose whether they have:

(a) ((Whether he or she has))Been convicted of any crime;

(b) ((Whether he or she has))Any pending criminal charges; and

(4) ((A))Subject individuals must not have unsupervised access to children in care unless ((he or she has))they have obtained DCYF authorization under this chapter.

(5) A subject individual who has been disqualified by DCYF must not be present on the premises when early learning services are provided to children.

AMENDATORY SECTION(Amending WSR 19-01-111, filed 12/18/18, effective 1/18/19)

WAC 110-06-0041Requirements for early learning service providers.

(1) This section applies to all providers other than in-home/relative providers.

(2) Early learning services providers must require a subject individual to complete the DCYF background check application:

(a) Prior to the date of hire;

(b) By the date a subject individual age sixteen or older moves onto the premises; or

(3) Beginning October 1, 2020, a subject individual must receive from DCYF a background check clearance authorization prior to the first date of employment.