WSR 14-09-011 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed April 4, 2014, 10:06 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-11-088.
Title of Rule and Other Identifying Information: WAC 170-06-0120 Director's list, removing "carnal knowledge" from the director's list of crimes that permanently disqualify an individual from authorization to care for or have unsupervised access to children.
Hearing Location(s): Department of Early Learning (DEL), Olympia Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on June 2, 2014, at 12 p.m.
Date of Intended Adoption: Not earlier than June 2, 2014.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 586-0533, by June 2, 2014.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by May 19, 2014, (360) 407-1962.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To align DEL's director's list of crimes that permanently disqualify an individual from authorization to care for or have unsupervised access to children with department of social and health services (DSHS) secretary's list of crimes and negative actions for which a person is denied unsupervised access to vulnerable adults, juveniles, and children.
Reasons Supporting Proposal: Effective February 25, 2014, the crime of carnal knowledge was removed from the DSHS secretary's list of crimes and negative actions list that applies to all programs except aging and long-term support administration (ALTSA) home and community services and ALTSA residential care services. The crime of carnal knowledge was repealed in 1975 and replaced by the current sex crimes that are listed on the secretary's list of crimes and negative actions. This rule making is a housekeeping change intended to align DEL's director's list with DSHS' list and does not affect the crimes that are considered disqualifying under Washington statute and program rule. When a repealed crime is reported, an equivalency review is conducted to determine if the crime is equivalent to a current crime listed on the director's list.
Statute Being Implemented: Chapter 43.215 RCW.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Administration, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
April 4, 2014
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 12-12-040, filed 5/30/12, effective 7/1/12)
WAC 170-06-0120 Director's list.
(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 in child care.
(2) A subject individual's conviction for any crime listed in column (b) in the table below will disqualify him or her from authorization to care for or have unsupervised access to children in child care for a period of five years from the date of conviction.
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