WSR 07-11-097



(Management Services Administration)

[ Filed May 16, 2007, 10:21 a.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 other DSHS rules related to background checks impacted by the 2007 legislative session. These changes will establish consistent and standard department-wide background check requirements.

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); and chapter 43.43 RCW as amended by the 2007 legislature under ESSB 5774.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department is responsible to license, contract, certify, authorize client payments and authorize unsupervised access to vulnerable adults, juveniles and children receiving services through the department and through community-based entities and individuals. The department must collect and pay fees to the Washington state patrol and the Federal Bureau of Investigation associated with fingerprint-based background checks. Current DSHS background check requirements are located in multiple rules. The department must establish centrally located background check rules and procedures which are applied to DSHS employees and community service providers to reduce confusion about department background check requirements. These rules will include requirements of ESSB 5774 passed by the 2007 legislature related to background checks.

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. The department is coordinating with the Federal Bureau of Investigation (FBI) to ensure DSHS rules meet FBI requirements relating to national background checks under the Adam Walsh Act.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone 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) 902-7814, fax (360) 902-7954, e-mail

May 14, 2007

Stephanie E. Schiller

Rules Coordinator

Washington State Code Reviser's Office