BACKGROUND CHECK REQUIREMENTS ((FOR CHILDREN'S ADMINISTRATION))—CHILD WELFARE

The following definitions apply to ((WAC 110-04-0030 through 110-04-0180 of)) this chapter:

"Authorized" or "authorization" means not disqualified by the department to work in a group care facility or have unsupervised access to children. This includes persons who are certified, contracted, allowed to receive payments from department funded programs, or volunteer.

"Certification" means department or child placing agency (CPA) approval of a person, foster home, or facility that is exempt from licensing but meets the licensing requirements.

"Child," "children," or "youth" means a person who is one of the following:

(a) Under ((eighteen))18 years ((old))of age;

(b) Up to ((twenty-one))21 years of age and enrolled in services through the department of social and health services (DSHS) developmental disabilities administration (DDA) the day prior to their 18th birthday and pursuing either a high school or equivalency course of study (GED/HSEC) or vocational program;

(c) ((Up to twenty-one years of age and))Participating in the extended foster care program; ((or))

(d) Up to 21 years of age with intellectual and developmental disabilities; or

(e) Up to ((twenty-five))25 years of age and under the custody of DCYF in juvenile rehabilitation.

"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.

"Department" or "DCYF" means the department of children, youth, and families.

"I" and "you" refers to anyone who has unsupervised access to children in a home, facility, or program. This includes, but is not limited to, persons seeking employment, a volunteer opportunity, an internship, a contract, certification, or a license for a home or facility.

"Licensing division" or "LD" means the licensing division within DCYF. LD licenses and monitors foster homes, child placing agencies, and licensed group care facilities.

"Licensor" means either:

(a) An LD employee who recommends approvals for, or monitors licenses or certifications for facilities and agencies that provide or certify foster family homes or group care facilities under chapters 110-145, 110-147, and 110-148 WAC; or

(b) An employee of a ((child-placing))child placing agency who certifies or monitors foster homes supervised by the ((child-placing))child placing agency.

"Unsupervised" means will not or may not be in the presence of:

(a) The licensee, another employee, or volunteer from the same business or organization as the applicant who has not been disqualified by the background check; or

(b) Another individual who has been previously approved by DCYF.

"We" refers to the department, including licensors and caseworkers.

"WSP" refers to the Washington state patrol.

(1) 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) 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 that provide care, except for a normal childhood activity that lasts less than 72 hours, as stated in RCW 74.13.710. 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, as stated in RCW 74.13.710.))

(c) A relative other than a parent who may be caring for a child.

(d) A person who is at least ((sixteen))16 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))16 years old in situations where it may be warranted to ((ensure))promote 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) Any person employed at a group care facility, including those not directly working with children.

(4) 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, including the parents.

(1) The department must review criminal convictions and pending criminal charges based on identifying information provided by you. The background check may include, but is not limited to, the following information sources:

(a) Washington state patrol.

(b) Washington courts.

(c) Department of corrections.

(d) Department of health.

(e) Civil adjudication proceedings.

(f) Applicant's self-disclosure.

(g) Out-of-state law enforcement and court records.

(2) Background checks conducted for DCYF also includes:

(a) A review of child protective services case files information or other applicable information system.

(b) Administrative hearing decisions related to any DSHS or DCYF license that has been revoked, suspended, or denied.

(3) In addition to the requirements in subsections (1) and (2) of this section, background checks conducted by DCYF for placement of a child in out-of-home care, including foster homes, group care facilities, adoptive homes, relative placements, and placement with other suitable persons under chapter 13.34 RCW, include the following for each person over ((eighteen))18 years of age residing in the home, all staff working in a group care facility, including those not directly working with children, and group care volunteers who provide direct care:

(a) Child abuse ((and))or neglect registries in each state in which a person has lived ((in,)) in the five years prior to conducting the background check.

(b) Washington state patrol (WSP) and Federal Bureau of Investigation (FBI) fingerprint-based background checks regardless of how long you have resided in Washington state.

(4) Except as required in subsection (3)(b) of this section, DCYF will conduct a fingerprint-based background check on any individual who has resided in the state less than three consecutive years before application.

(1) ((Children's administration (CA)))DCYF pays the DSHS general administrative costs ((for background checks for))and WSP and FBI fingerprint processing fees for foster home applicants, ((CA))DCYF relative and other suitable caregivers, ((and CA))DCYF adoptive home applicants, and other adults associated with the home requiring clearances under chapter 13.34 RCW.

(2) ((Children's administration pays the WSP and FBI fingerprint processing fees for foster home applicants, CA relative and other suitable caregivers, CA adoptive home applicants, and other adults associated with the home requiring background clearances under chapter 13.34 RCW.

(3) Children's administration))DCYF does not pay WSP and FBI fingerprint processing fees or expenses for:

(a) Non-DCYF employees, contractors, or volunteers associated with facilities other than foster homes((,)); or

(b) Adoptive ((homes proposed by the children's administration, or)), foster, relative, or other suitable caregiver homes that are not proposed by DCYF.

(1) ((In two situations, DCYF may find))DCYF must disqualify a person with pending criminal charges or convictions ((able to be authorized to be employed at a group care facility or have unsupervised access to children))on the DCYF secretary's list that are:

(a) ((If the conviction for any crime listed in WAC 110-04-0110 occurred more than five years ago))Permanently disqualifying; or

(b) ((If the conviction was for a crime other than those listed in WAC 110-04-0100 or 110-04-0110))Five-year disqualifying if less than five years have passed since the date of conviction.

(2) ((In both of these situations))DCYF may authorize a person with pending criminal charges, convictions, or negative actions on the DCYF secretary's list that are not listed in subsection (1) of this section. In this situation, DCYF must review your background ((to determine))information and assess your character, suitability, and competence to have unsupervised access to children. In this ((review))assessment, DCYF ((must))will consider the following factors, among others, related to your background information:

(a) The amount of time that has passed since ((you were convicted))the pending criminal charge, conviction information, or negative action;

(b) The seriousness of the crime or incident that led to the pending criminal charge, conviction, or negative action;

(c) The number ((and)), types, and age of other pending criminal charges, convictions, or negative actions in your background;

(d) Your age at the time of pending criminal charge, conviction, or negative action;

(e) ((Documentation indicating you have successfully completed all court-ordered programs and restitution))Completion of services or other evidence of rehabilitation since the pending criminal charge, conviction, or negative action; and

(f) Your ((behavior since the conviction; and

(g) The vulnerability of those that would be under your care))role or purpose of the background check.

(1) If you receive a pardon or a court of law acts to expunge or vacate a conviction on your record, the crime will not be considered a conviction for the purposes of licensing, contracting, certification, authorization for employment at a group care facility, or authorization for unsupervised access to children.

(1) If you are seeking a license((,)) or employment with a home or facility licensed by ((the children's administration))DCYF, you may ((request))appeal the department's decision by requesting an administrative hearing to dispute a denial of authorization for unsupervised access to children (((chapter 34.05 RCW))). You cannot contest the pending criminal charge, conviction, or negative action in the administrative hearing.

(2) Prospective volunteers or interns, contractors or their employees, or those seeking certification do not have the right to appeal the department's decision to deny authorization for unsupervised access to children.

(3) The employer or prospective employer cannot ((contest))appeal the department's decision on your behalf.

(4) The administrative hearings((will take place before an))are conducted by administrative law judges employed by the office of administrative hearings (((chapter 34.05 RCW))), pursuant to chapters 34.05 RCW and 110-03 WAC.

(1) ((Children's administration))DCYF will share with employers or approved care providers only that:

(a) You are disqualified; or

(b) You have not been disqualified by the background check.

(2) The department will follow laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW) and public disclosure (chapter ((42.17))42.56 RCW) when releasing any information.

((DEL)) BACKGROUND CHECKS—EARLY LEARNING PROGRAMS

(1) The purpose of this chapter is to establish rules for background checks conducted by the department of children, youth, and families (DCYF).

(2) The department conducts background checks on subject individuals who ((are authorized to)):

(3) A background clearance authorizes subject individuals to:

(a) Work at a child care agency;

(b) Care for ((or))children receiving early learning services;

(c) Have unsupervised access to children receiving early learning services;

(d) Reside on the premises of a child care agency or certified facility; or

(((b)))(e) Care for children in the child's or provider's home. These providers, also known as family, friends, and neighbors (FFN) or in-home/relative care providers are exempt from licensing and receive ((working connections child care ())WCCC(())) subsidies.

(((3)))(4) The department conducts background checks to reduce the risk of harm to children from subject individuals who have been convicted of certain crimes or who pose a risk to children.

(((4) The department's rules and))(5) State law requires the evaluation of background information to determine the character, suitability, ((or))and competence of persons who will work at an agency, or care for or have unsupervised access to children receiving early learning services or other agency authorized services.

(((5)))(6) Subject to federal law, if any provision of this chapter conflicts with any substantive provision in any ((chapter containing a substantive)) rule relating to background checks and qualifications of ((persons))individuals who are authorized to care for or have unsupervised access to children receiving early learning services, the provisions in this chapter ((shall))will govern.

(((6) These rules))(7) This chapter implements chapters 43.216 and 43.43 RCW((,)) including, but not limited to, DCYF responsibilities in RCW 43.216.260, 43.216.270 through 43.216.273, and 43.43.830 through 43.43.832.

(((7) These rules are amended))(8) This chapter is intended to allow for the increased and continued portability of background check clearances for subject individuals who are authorized to care for or may have unsupervised access to children receiving early learning services.

The following definitions apply to this chapter:

(("Agency" has the same meaning as "agency" in RCW 43.216.010.

(b) A continuation of a nonexpiring license or renewal of a certificate, or renewal of DCYF's authorization to care for or have unsupervised access to children receiving early learning services, with respect to an individual who is a currently licensed or certified child care provider.))

"Authorized" or "authorization" means approval by DCYF to work at a child care agency, care for ((or have unsupervised access to)) children receiving early learning services from an agency, have unsupervised access to children receiving early learning services, or to ((work in or)) reside on the premises of a child care agency or certified facility.

"Certification" or "certified by DCYF" means an agency that is legally exempt from licensing that has been certified by DCYF as meeting minimum licensing requirements.

"Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject individual.

(("DCYF"))"Department of children, youth, and families (DCYF)" or "department" means the Washington state department of children, youth, and families.

"Disqualified"or "disqualify" means a DCYF ((has determined that a person's))determination or finding was issued to a subject individual that because of their background information ((prevents that person from being authorized by DCYF to care for or have))history, they are prohibited from:

(a) Caring for or having unsupervised access to children receiving early learning services;

(c) Residing at the premises of a child care agency or certified facility.

"Early learning ((service(s)))services"((for purposes of this chapter)) means programs and services including, but not limited to, the early childhood education and assistance program (ECEAP), head start, licensed child care, and license-exempt child care services.

"In-home/relative provider" or "family, friends, and neighbors provider" or "FFN provider" means an individual who is exempt from child care licensing standards, meets the requirements of chapter 110-16 WAC, and is approved for working connections child care (WCCC) payments under WAC 110-15-0125.

"Licensee" means the individual, person, organization, or legal entity named on the child care license issued by DCYF and responsible for operating the child care facility or agency.

"Negative action"((means))has the same meaning as "negative action" in RCW 43.216.010. A negative action includes a court order((,))or court judgment ((or an adverse action taken by an agency, in any state, federal, tribal or foreign jurisdiction, which results in a finding against the subject individual reasonably related to the subject individual's character, suitability and competence to care for or have unsupervised access to children receiving early learning services. This may include, but is not limited to:

(e) A final decision of a disciplinary board))that finds the subject individual's child dependent and the basis for such finding is RCW 13.34.030(6) or other equivalent state or federal statute.

"Nonconviction information"((means arrest, pending charges, founded allegations of child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action adverse to the subject individual))has the same meaning as "nonconviction information" in RCW 43.216.010.

"Nonexpiring license" or "nonexpiring full license" means a license authorized under RCW 43.216.305 that is issued to a licensee following the initial licensing period((, as provided in chapter 110-300 WAC, as appropriate)).

"Secretary's list" means ((a list of crimes, the commission of which disqualifies a subject individual from being authorized by DCYF to care for or have unsupervised access to children receiving early learning services,))the conduct and crimes described in WAC 110-06-0120 and the federal disqualifying crimes and conduct described in 42 U.S.C. Sec. 9858f and C.F.R. Sec. 98.43.

"Subject individual"means:

(a) ((Means))An individual who is 16 years of age or older and is seeking:

(i) ((Is seeking))A background check authorization ((or upon whom the department may conduct a background check authorization;

(iv) Will care for or))to have unsupervised access to children receiving early learning services; ((and

(xii) In-home/relative providers and their household members who are sixteen years of age or older.))

"Unsupervised access" means((:

(b)))not in the presence of a subject individual who is an employee of a child care agency and is authorized by DCYF to be alone with children receiving early learning services from the same agency. For purposes of this definition, unsupervised access includes, but is not limited to, access to ((a child))children receiving early learning services ((that is))who are not within constant visual or auditory range of the individual authorized by DCYF to be alone with children receiving early learning services.

This section applies to all subject individuals ((other than)), except for 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 ((including))on or before the dates described in WAC 110-06-0041, 110-06-0045, and at least once every three years thereafter. The background check process includes, but is not limited to:

(a) Submitting a completed background check application with the DCYF background check unit;

(b) Completing the required fingerprint process; ((and))

(c) Completing the required interstate background check process for each state the subject individual has lived outside of Washington state in the five years preceding the background check application; and

(d) Paying all required fees as provided in WAC 110-06-0044.

(2) All subject individuals ((qualified by the department to have unsupervised access to children in care)) who are ((renewing their applications))seeking renewals of their DCYF authorizations must:

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

(b) Submit payment of all required fees ((as provided))described 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; and

(d) Complete the required interstate background check process for each state the subject individual has lived outside of Washington state in the five years preceding the background check application.

(3) ((Each))All subject individuals((completing the DCYF))who submit background check ((process))applications and are seeking background check authorizations or reauthorizations must disclose whether they have:

(a) Been convicted of any crime;

(b) Any pending criminal charges; and

(c) Been or are the subject to any negative action((, as defined by WAC 110-06-0020)).

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

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

(1) The department will investigate and conduct ((a)) redeterminations of ((the)) background clearances of ((a)) subject individuals if the department receives a complaint or information that causes the department to conclude a background check clearance redetermination is necessary to verify that a subject individual has the appropriate character, suitability, and competence to have unsupervised access to children receiving early learning services. The complaint or information may be received from individuals, ((a)) law enforcement ((agency))agencies, or other federal, state, or local government ((agency))agencies.

(2) Subject to the requirements in RCW 43.216.270, and based on a determination that an individual lacks the appropriate character, suitability, or competence to be approved for a background check authorization, the department may ((immediately)):

(b) Suspend ((or)), modify ((the subject individual's background clearance)), or revoke any child care license issued by DCYF.

(((3) Subject to the requirements in RCW 43.216.300 and 43.216.305, and based on a determination that a subject individual lacks the appropriate character, suitability, or competence to provide early learning services to children, the department may disqualify the subject individual from having any unsupervised access to children.))

(1) ((The))Early learning services providers must report to the department within ((twenty-four))24 hours ((if he or she has knowledge of the following with respect to))of learning that a subject individual associated with their services((,)) who ((has a background check clearance authorization with the department:

(a) Any nonconviction and))is authorized to have unsupervised access to children, has a background that includes any conviction information ((for a crime listed in WAC 110-06-0120;

(c) Any negative action as defined in WAC 110-06-0020)), pending criminal charge, or negative action.

(2) ((A))Subject individuals who ((has))have been issued ((a)) background check ((clearance)) authorizations((pursuant to WAC 110-06-0040))under this chapter must report ((nonconviction and))to the department within 24 hours after becoming aware that they are the subject of conviction information ((to the department involving a disqualifying crime under WAC 110-06-0120 against that subject individual within twenty-four hours after he or she becomes aware of the event constituting the nonconviction or conviction information)), pending criminal charge, or negative action they have not reported to the department.

(3) ((A subject individual who))Individuals' background check authorizations may be disqualified if they intentionally or knowingly fail((s)) to report to the department as ((provided in))required under subsection (1) or (2) of this section ((may have his or her background check clearance suspended)). This ((penalty))disqualification will be in addition to any other ((penalty))agency action that may be imposed as a result of a violation of this chapter ((or of the)), applicable provisions ((of any chapter of))within Title 110 WAC ((that implement the authority and requirements of)), or chapter 43.216 RCW.

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

(1) Subject individuals ((associated with early learning services)) must pay for the cost of the background check process. The fees include:

(a) Fingerprint process fees as defined by ((the Washington state patrol, Federal Bureau of Investigation))WSP, FBI, DSHS, and the DCYF fingerprint contractor; and

(b) The DCYF administrative fee of((:

(ii) Twenty-four dollars for a paper submission))$12.00.

(2) DCYF administrative fee payments may be paid by:

(a) ((By))Debit or credit card;

(b) ((In the form of))Mailing a personal check, cashier's check, or money order((, which shall be sent by mail))to:

Olympia, WA 98504-0971; or

(c) ((By))Electronic funds transfer that does not involve a debit or credit card. ((As used in))For purposes of this section, "electronic funds transfer" means ((any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account))an online system that allows for the secure transfer of money from one bank account to an account designated by DCYF.

(3) The department will not issue ((a)) background check ((clearance)) authorizations to ((a)) subject individuals((:

(a)))who fail((s)) to pay the required fees in subsection (1) of this section((; or

An additional)).

(4) A processing fee of ((twenty-five dollars))$25 will be charged by ((the department))DCYF for any check, money order, or electronic funds transfer that is reported as not having sufficient funds.

(1) ((When applicable within chapter 110-300 WAC, an agency, licensee, or certified facility must have subject individuals complete the required DCYF minor individual background check application process for subject individuals))All agencies, licensees, and certified facilities must possess a copy of background check authorizations for minor subject individuals who work or reside at the licensed or certified agency. The requirements described in this subsection apply to minor subject individuals who are:

(a) Fourteen ((to sixteen))through 15 years of age, ((prior to))before the date ((of hire by))they begin working for a licensed or certified child care((.)); or

(b) Thirteen ((to sixteen))through 15 years of age ((residing))on or before the date they begin or continue to reside in a licensed or certified family home child care. (((c) Thirteen to sixteen))Subject individuals who are 13 through 15 years of age((,))and who begin to reside in a licensed or certified facility after their 13th birthday, must complete the required DCYF minor individual background check application process within seven days after moving into the licensed family home child care.

(2) ((A))Subject individuals identified in subsection (1)(a)((,))or (b) ((or (c))) of this section must not have unsupervised access to children ((in child care))receiving early learning services.

(3) ((When conducting a))Background check applications for minor subject individuals((background check, the department:

(a) Requires the minor's))must be signed by them and their parent or guardian ((to sign the noncriminal background check application;

(c) Does not immediately disqualify an individual for a conviction under WAC 110-06-0070 (1) and (2), unless the conviction was the result of prosecution of the juvenile as an adult)).

(1) This section applies to license-exempt in-home/relative providers. The background check process must be completed for individuals described in (a) through (c) of this subsection before they have unsupervised access to children and at least once every three years thereafter:

(a) All license-exempt in-home/relative providers who apply to care for a ((WCCC)) consumer's child who is eligible to receive WCCC benefits; ((and))

(b) ((Any))Subject individuals((sixteen))16 years of age or older who ((is))are residing with a license-exempt in-home/relative provider ((when))if the provider cares for the child eligible to receive WCCC benefits in the provider's ((own)) home, and the home is not where the child ((does not reside.

(2) Additional background checks must be completed for individuals listed in subsection (1)(a) and (b) of this section when an individual sixteen years of age or older is newly residing))resides; and

(c) Subject individuals 16 years of age or older who begin to reside with a license-exempt in-home/relative provider ((when the provider))after the date the provider begins to care((s)) for the child eligible to receive WCCC benefits in the provider's ((own)) home, and the home is not where the child ((does not)) resides.

(((3) The background check process for license-exempt in-home/relative providers requires:))(2) Subject individuals who are seeking background check authorizations must complete the background check application process by:

(a) Submitting a completed background check application; ((and))

(b) Completing the required fingerprint process; and

(c) Completing the required interstate background check process for each state they have lived outside of Washington state in the five years preceding the background check application.

(((4) Each))(3) Subject individuals 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

(c) ((Whether he or she has))Been or are the subject ((to))of any negative actions((, as defined by WAC 110-06-0020)).

(((5) A))(4) Subject individuals must not have unsupervised access to children in care ((unless he or she has obtained))before obtaining a DCYF background check ((clearance)) authorization under this chapter.

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

(((7)))(6) DCYF ((pays for))will pay the cost of the background check process. The fees include:

(a) Fingerprint process fees as defined by ((the Washington state patrol, Federal Bureau of Investigation))WSP, FBI, DSHS, and the DCYF fingerprint contractor; and

(b) The DCYF administrative fee.

(1) As part of the background check process the department will conduct ((a character, suitability or competence assessment as follows:

(1) Compare the background information with the DCYF secretary's list, WAC 110-06-0120, to determine whether the subject individual must be disqualified under WAC 110-06-0070 (1) and (2). In doing this comparison, the department will use the following rules))the background check investigation and evaluation described in this section to determine whether subject individuals must be disqualified.

(5) For purposes of DCYF's investigation, evaluation, and determination, the following standards apply:

(a) A pending criminal charge ((for a crime or))that has been filed in the appropriate court, a deferred prosecution ((is)), or a deferred sentence must be given the same weight as a conviction.

(b) If the conviction or pending criminal charge has been renamed it is given the same weight as the previous named conviction or pending criminal charge.

(c) Convictions or pending criminal charges whose titles ((are preceded with))include the word "attempted," "conspiracy," or "solicitation" are given the same weight as those titles without the word "attempted," "conspiracy," or "solicitation."

(d) The term "conviction" ((has the same meaning as the term "conviction record" as defined in RCW 10.97.030 and)) may include convictions or dispositions for crimes committed as either an adult or juvenile. ((It may also include convictions or dispositions for offenses for which the person received a deferred or suspended sentence, unless the record has been expunged according to law.))

(e) Convictions and pending criminal charges from other states or jurisdictions will be treated the same as a crime or pending criminal charge in Washington state. If the elements of the crime from the foreign jurisdiction are not identical or not substantially similar to its Washington equivalent, or if the foreign statute is broader than the Washington definition of the particular crime, the ((defendant's))subject individuals' conduct, as evidenced by the indictment or information, will be analyzed to determine whether the conduct would have violated the comparable Washington statute.

(f) ((The))Crimes will not be considered ((a)) convictions((for the purposes of the department when the conviction has))if they have been the subject of an expungement, pardon, annulment, certification of rehabilitation, vacated, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or the conviction has been vacated, the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(((2) Evaluate any negative action information to determine whether the subject individual has any negative actions requiring disqualification under WAC 110-06-0070(3).

(3) Evaluate any negative action information and any other pertinent background information, including nondisqualifying criminal convictions, to determine whether disqualification is warranted under WAC 110-06-0070 (5), (6), or (7)))(g) If the subject individuals' background information contains a CPI or CROP, DCYF must:

(l) Subject individuals who request a hearing or appeals a department decision to disqualify will not be authorized to care for or have unsupervised access to children receiving early learning services during the time period the hearing request or appeal is pending.

(((4)))(6) If DCYF has reason to believe that additional information ((is))or reports are needed to determine whether subject individuals have the character, suitability ((or)), and competence ((of the subject individual)) to care for or have unsupervised access to children receiving early learning services, DCYF may request that they provide such reports or additional information ((will be requested. The)). Subject individuals((must))who do not provide ((to the department any additional reports or))the requested information ((that it requests))may be disqualified.

(1) ((A))Subject individuals((who has a background containing any of the permanent convictions on the secretary's list, WAC 110-06-0120(1), will be permanently disqualified from caring for children or having unsupervised access to children receiving early learning services.

(e) The subject individual had a license or certification for the care of children or vulnerable adults terminated, revoked, suspended or denied))must be permanently disqualified if they have a background that includes a pending criminal charge or conviction information of a crime listed in WAC 110-06-0120(2).

(6) DCYF issues decisions within 45 days of completed background application submission dates, notwithstanding delays incurred by applicants or other entities required to provide background information.

(1) ((The department))DCYF will ((notify the))send written notice to subject individuals((in writing if he or she is))who are disqualified by the background check.

(2) If ((the department))DCYF sends a notice of disqualification, ((the)) subject individuals will not be authorized to:

(a) Care for or have unsupervised access to children receiving early learning services((, or to)); or

(b) Be present on the early learning service's premises during the hours ((for which))when child care is provided.

(3) Any decision by ((the department))DCYF to disqualify ((a)) subject individuals under this chapter ((is))are effective immediately upon receipt of written notice from the department to the subject individual.

(1) ((Any))Subject individuals((has))have a right to contest ((the department's))a disqualification decision under WAC 110-06-0070 ((and)). Subject individuals must request a hearing within ((twenty-eight))28 days of receipt of the written disqualification decision((, regardless of whether the subject individual requests a department reconsideration of the disqualification under WAC 110-06-0115)).

(2) ((A))Requests for ((a)) hearings must meet the requirements of chapter 110-03 WAC.

(3) Any decision by the department to disqualify ((a)) subject individuals under this chapter will remain in effect pending the outcome of the administrative hearing or review under chapter 110-03 WAC, notwithstanding any provision of chapter 110-03 WAC to the contrary.

(1) ((If the disqualification is based on a))Pending criminal charges or criminal convictions((, the subject individual cannot contest the conviction in the administrative hearing.));

(2) ((If the disqualification is based on a))Findings of child abuse or neglect as defined in chapter 26.44 RCW, or ((a)) findings of abandonment, abuse, neglect, exploitation, or financial exploitation of a vulnerable adult as defined in chapter 74.34 RCW, ((the subject individual cannot contest the finding)) if the subject individuals:

(a) ((The subject individual was notified of))Failed to request a hearing to contest the finding after receiving notice of the finding ((by the department of social and health services (DSHS) and failed to request a hearing to contest the finding))from DCYF; or

(b) ((The subject individual was))Were notified of the finding ((by DSHS)) and requested a hearing to contest the finding, but the finding was upheld by final administrative order or superior court order((.));

(3) ((If the disqualification is based on a))Court orders finding ((the subject individual's child))subject individuals' children to be dependent as defined in chapter 13.34 RCW((, the subject individual cannot contest the finding of dependency in the administrative hearing.)); or

(4) ((If the disqualification is based on a))Negative actions((as defined in WAC 110-06-0020 the subject individual cannot contest the underlying negative action in the administrative hearing if the subject individual was)), if the subject individuals were previously given the right of review or hearing right and ((a)) final decisions or findings((has))have been issued.

(1) Subject to the requirements contained in this chapter ((110-06 WAC)), the department may not reconsider ((an))whether earlier decisions to disqualify ((a)) subject individuals will be vacated unless the department determines a change has occurred in the circumstances of a subject individual between the date of disqualification and the date the request to vacate the disqualification is made. Subject to the requirements contained in this chapter, to receive a background check authorization under this section, the department must review the subject individual's background and assess their character, suitability, and competence to determine whether the change in circumstances demonstrates the subject individual should receive an authorization.

(2) ((For a disqualification based on WAC 110-06-0070 (5) or (7)(a), (c), or (e), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would prevent the subject individual from caring for or having unsupervised access to children receiving early learning services. For purposes of subsection (2) of this section a disqualification based on a "negative action," WAC 110-06-0070 (5) or (7)(c) or (e) does not include a decision, final determination, or finding made by an agency or administrative law judge that relates to:

(b) The commission of abuse or neglect of a vulnerable adult as defined in chapter 74.34 RCW.))To determine whether there has been a change in circumstances, the department must consider the factors described in subsection (3) of this section. A change in circumstances includes, but is not limited to, the following:

(3) ((For a disqualification based on any of the circumstances described in WAC 110-06-0070 (3) and (7)(b) or (d), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would constitute a danger to a child's welfare if the individual is allowed to care for or have unsupervised access to children in care.))Before subject individuals are issued a background check authorization under this section, the department must review their background and assess their character, suitability, and competence. In this assessment, the department considers the following factors related to the subject individual's background:

(4) ((The department will not reconsider qualifying a subject individual that was disqualified under WAC 110-06-0120(1).))If a CROP or CPI has been issued for a crime or negative action described in the secretary's list in WAC 110-06-0120 (3) or (4) that was the sole basis for a disqualification, the department must vacate the disqualification. If a disqualification is vacated for any reason under this section, the department must conduct a new background check investigation and evaluation as described in this chapter.

(5) ((The department will not reconsider qualifying a subject individual that was disqualified under WAC 110-06-0120(2) for a period of five years from the date of the disqualifying conviction.))As part of the background check process under this section, the department will conduct the background check investigation, evaluation, and assessment as described in this chapter.

(((1) A subject individual's conviction for any crimes listed in column (a) in the table below will permanently disqualify him or her from authorization to care for or have unsupervised access to children receiving early learning services.