WSR 16-24-037 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed November 30, 2016, 3:36 p.m., effective January 1, 2017] Effective Date of Rule: January 1, 2017.
Purpose: The department is amending WAC 388-454-0006 The department makes background checks on adults who are acting in place of a parent without court-ordered custody, the rule is being amended to update WAC references made within WAC 388-454-0006 and align them with the current children [children's] administration (CA) rules on criminal background checks. No policy changes are made by this amendment.
Citation of Existing Rules Affected by this Order: Amending WAC 388-454-0006.
Adopted under notice filed as WSR 16-19-067 on September 19, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 30, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-01-011, filed 12/7/01, effective 1/7/02)
WAC 388-454-0006 The department makes background checks on adults who are acting in place of a parent without court-ordered custody.
(1) We check your background when you ask for temporary assistance for needy families (TANF) or state family assistance (SFA) benefits for a child who:
(a) Is not related to you; and
(b) Lives with you but you do not have a court order that gives you legal custody of the child.
(2) A child who is not related to you cannot receive TANF/SFA benefits while living with you until we have completed a background check and the results of the background check meet the criteria in subsection (3) through (5) of this section.
(3) A child who is not related to you cannot receive benefits while living with you if:
(a) You have been convicted of a crime listed in WAC 388-06A-0170; or
(b) You have been convicted of a crime listed in WAC 388-06A-0180 within the last five years.
(4) We review your background when you have been convicted of a crime listed in WAC 388-06A-0180 more than five years ago to determine your character, suitability, and competence to receive benefits for a child not related to you. We consider the following factors:
(a) The amount of time that has passed since you were convicted;
(b) The seriousness of the crime that led to the conviction;
(c) The number and types of convictions in your background; and
(d) Your age at the time of the conviction.
(5) When you have a conviction for a crime other than those listed in WAC 388-06A-0170 or 388-06A-0180 we review your background as described in subsection (4) ((above)) of this section.
(6) Expunged or sealed conviction records do not count against you.
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