WSR 01-15-019

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Office of the Secretary)

[ Filed July 10, 2001, 3:04 p.m. ]

Date of Adoption: July 5, 2001.

Purpose: The rule is adopted to clarify when an entity, agency, or hiring individual can use the one hundred and twenty-day provisional hire.

Statutory Authority for Adoption: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030.

Adopted under notice filed as WSR 01-10-064 on April 27, 2001.

Changes Other than Editing from Proposed to Adopted Version: Added the term juveniles to WAC 388-06-0500 for consistency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 7, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

July 5, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2940.2ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE -- PENDING FBI BACKGROUND CHECK RESULTS
NEW SECTION
WAC 388-06-0500   What is the purpose of the one hundred twenty-day provisional hire?   The one hundred twenty day provisional hire allows an employee to have unsupervised access to children, juveniles and vulnerable adults on a provisional basis pending the results of their Federal Bureau of Investigation (FBI) background check.

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NEW SECTION
WAC 388-06-0510   What definitions apply to one hundred twenty-day provisional hires?   "Agency" means any agency of the state or any private agency providing services to children, juveniles, and vulnerable adults.

"Background check central unit (BCCU)" means the DSHS program responsible for conducting background checks for DSHS administrations.

"Disqualified" means the results of an individual's background check disqualifies them from a position which will or may provide unsupervised access to children, juveniles, and vulnerable adults.

"Entity" means, but is not limited to, a licensed facility, a corporation, a partnership, a sole proprietorship, or a contracted or certified service provider.

"Hire" means engagement by an agency, entity or a hiring individual to perform specific agreed duties as a paid employee, a contract employee, a volunteer, or a student intern.

"Hiring individual" means a DSHS client who is eligible to hire an individual to provide in-home service with state funding.

"Individual" means an employee, a contract employee, a volunteer, or a student intern.

"Qualified" means an individual can be hired into a position that includes unsupervised access to children, juveniles, and vulnerable adults because the results of their background check are not disqualifying.

"Unsupervised access" means that:

(1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and

(2) Neither a qualified employee, contract employee, volunteer, or student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present.

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NEW SECTION
WAC 388-06-0520   Who is responsible for approving the one hundred twenty-day provisional hire?   The agency, entity or hiring individual is responsible for approving individuals for the one hundred twenty-day provisional hire.

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NEW SECTION
WAC 388-06-0525   When are individuals eligible for the one hundred twenty-day provisional hire?   Individuals are eligible for the one hundred twenty-day provisional hire immediately. The signed background check application and two FBI fingerprint cards must be sent to the BCCU within forty-eight hours by the agency, entity or hiring individual.

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NEW SECTION
WAC 388-06-0530   When does the one hundred twenty-day provisional hire begin?   The one hundred twenty-day provisional hire may begin from either:

(1) The date of hire of an individual; or

(2) After completion of a state background check on an individual.

The agency, entity, or hiring individual makes this decision.

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NEW SECTION
WAC 388-06-0535   Who approves one hundred twenty-day provisional hire extensions?   The agency, entity or hiring individual approves one hundred twenty-day provisional hire extensions. An extension is approved when the agency, entity or hiring individual does not receive the FBI result within one hundred twenty days from:

(1) The date of hire; or

(2) Completion of the state background check.

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NEW SECTION
WAC 388-06-0540   Are there instances when the one hundred twenty-day provisional hire is not available?   The one hundred twenty-day provisional hire is not available to an agency, entity, or hiring individual requesting:

(1) An initial license;

(2) An initial contract; or

(3) Approval as a family child day care home provider, foster parent or adoptive parent (see 42 U.S.C. Sec 671 (a)(20)).

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Washington State Code Reviser's Office