WSR 07-05-006

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Management Services Administration)

[ Filed February 8, 2007, 3:42 p.m. ]

Subject of Possible Rule Making: The administrative services division is amending, consolidating and colocating existing department background check rules in chapter 388-06 WAC and related sections. These changes will establish consistent and standard department-wide background check requirements for service providers and DSHS employees in covered positions.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.43.830 through 43.43.845 as amended by chapter 421, Laws of 2005 (SSB 5899).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This preproposal statement is in anticipation of the passage of department of social and health services (DSHS) request legislation that establishes a single background check statute under the authority of the secretary of DSHS. The legislation consolidates and revises existing background check statutes and provides more effective and consistent protection for vulnerable citizens receiving services regulated by DSHS. The proposed chapter under chapter 43.20 RCW directs the department to develop rules to implement the requirements of the legislation. The department must establish standard background check rules which are applied to both DSHS employees and community service providers to protect vulnerable individuals from the potential risk of harm.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department is coordinating with the federal Health and Human Services (HHS) to ensure background check requirements are consistent with the federal Child Abuse Prevention and Treatment Act and the Adam Walsh Act of 2006. The department is coordinating with the Washington state patrol (WSP) to ensure DSHS rules meet WSP requirements and coordinating with the department of personnel to make these rules consistent with requirements for state employees.

Process for Developing New Rule: DSHS welcomes the public to take part in developing rules. Anyone interested in participating should contact the staff person indicated below. After the rule is drafted DSHS will file a copy with the office of code reviser with a notice of proposed rule making and send a copy to everyone currently on the mailing list and anyone else who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jackie Beery, Policy Manager, DSHS/Background Check Central Unit, Administrative Services Division, P.O. Box 45025, Olympia, WA 98504-5025, phone (360) 902-7823, fax (360) 902-7954, e-mail beeryja@dshs.wa.gov.

February 8, 2007

Jim Schnellman, Chief

Office of Administrative Resources

Washington State Code Reviser's Office