WSR 18-12-101 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Children's Administration) [Filed June 5, 2018, 2:55 p.m., effective July 6, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 388-06A-0110 Who must have background checks?, to align with changes to RCW 74.15.030 and 43.43.832, which allow the department to complete background checks on individuals younger than sixteen years of age when it is warranted to ensure the safety of children in foster care. Additional edits are being made in order to clarify the language. Citation of Rules Affected by this Order: Amending WAC 388-06A-0110. Adopted under notice filed as WSR 17-24-081 on December 5, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Date Adopted: June 4, 2018. Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-03-071, filed 1/15/15, effective 2/15/15)
WAC 388-06A-0110 Who must have background checks?
(1) ((Per)) 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) ((Per)) 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 ((which)) that provide care. 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, ((per)) as stated in RCW 74.13.710((;)).
(c) A relative other than a parent who may be caring for a child((; and)).
(d) A person who is at least sixteen 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 years old in situations where it may be warranted to ensure 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) ((Per)) 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.
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