WSR 02-01-011

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 7, 2001, 8:04 a.m. ]

Date of Adoption: November 28, 2001.

Purpose: Requiring background checks of adults caring for minor children in loco parentis without formal court-ordered custody or guardianship and notification to parents of the child's whereabouts.

Citation of Existing Rules Affected by this Order: Amending WAC 388-454-0025 The department notifies a child's parent when we approve assistance and the child is living with someone other than their parent.

Statutory Authority for Adoption: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460.

Adopted under notice filed as WSR 01-20-049 on September 26, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

November 28, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2915.6
NEW SECTION
WAC 388-454-0006   The department makes background checks on adults who are acting in place of a parent without court-ordered custody.   (1) We check your background when you ask for TANF or SFA benefits for a child who:

(a) Is not related to you; and

(b) Lives with you but you do not have a court order that gives you legal custody of the child.

(2) A child who is not related to you cannot receive TANF/SFA benefits while living with you until we have completed a background check and the results of the background check meet the criteria in subsection (3) through (5).

(3) A child who is not related to you cannot receive benefits while living with you if:

(a) You have been convicted of a crime listed in WAC 388-06-0170; or

(b) You have been convicted of a crime listed in WAC 388-06-0180 within the last five years.

(4) We review your background when you have been convicted of a crime listed in WAC 388-06-0180 more than five years ago to determine your character, suitability, and competence to receive benefits for a child not related to you. We consider the following factors:

(a) The amount of time that has passed since you were convicted;

(b) The seriousness of the crime that led to the conviction;

(c) The number and types of convictions in your background; and

(d) Your age at the time of the conviction.

(5) When you have a conviction for a crime other than those listed in WAC 388-06-0170 or 388-06-0180 we review your background as described in subsection (4) above.

(6) Expunged or sealed conviction records do not count against you.

[]

2985.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-454-0025   ((Notice to)) The department notifies a child's parent when we approve assistance and the child ((lives)) is living with ((nonparental relative)) someone other than their parent.   (1) ((When TANF/SFA has been approved for a child who is living with a nonparental caretaker relative,)) The department ((will make)) makes a reasonable effort((s)) to ((notify)) contact the parent with whom the child ((most recently)) last lived ((that)) when we find out that a child applying for assistance lives with someone other than the child's parent. We tell the parent:

(a) Within seven days of the date we approve assistance ((has been authorized)) for the child;

(b) How to ask for family reconciliation services ((may be requested)) from the department; and

(c) ((The parent has the right)) How to request the child's address and location as allowed under WAC 388-428-0010.

(2) ((The parent will be notified within seven calendar days of assistance authorization.

(3) The parent will not be notified if there is a substantiated)) We do not notify the parent when there is evidence to support a claim that the parent has abused or neglected the child.

(((4) Release of the child's address and location will be subject to the requirements of chapter 388-428 WAC.))

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-454-0025, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office