SOCIAL AND HEALTH SERVICES
(Office of the Secretary)
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 7, Amended 0, Repealed 0.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:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
July 5, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit2940.2ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE -- PENDING FBI BACKGROUND CHECK RESULTS
"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.
(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.
(1) The date of hire; or
(2) Completion of the state background check.
(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)).