WSR 17-22-090
(Aging and Long-Term Support Administration)
[Filed October 30, 2017, 9:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-157.
Title of Rule and Other Identifying Information: The department is proposing to amend WAC 388-113-0020 Which criminal convictions and pending charges automatically disqualify an individual from having unsupervised access to adults or minors who are receiving services in a program under chapters 388-71, 388-101, 388-76, 388-78A, 388-97, 388-825, and 388-107 WAC?, to update the list of qualifying crimes and to remove the example for time limited convictions in WAC 388-113-0020(2).
Hearing Location(s): On December 5, 2017, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at
Date of Intended Adoption: Not earlier than December 6, 2017.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., December 5, 2017.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by November 21, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 388-113-0020 as a result of the passage of HB [ESHB] 1153 and HB [E2SHB] 1163 during the 2017 legislative session, and to simplify the WAC by removing the example of time limited convictions in WAC 388-113-0020(2).
Reasons Supporting Proposal: See purpose statement above.
Statutory Authority for Adoption: RCW 74.08.090, 43.43.842, 74.39A.056.
Statute Being Implemented: RCW 74.39A.056, 43.43.842.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Stacy Graff, P.O. Box 45600, Olympia, WA 98504-5600, 360-725-2533.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are exempt per RCW 34.05.328 (5)(b)(v), rules the content of which is explicitly and specifically dictated by statute.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
October 24, 2017
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-14-025, filed 6/24/14, effective 7/25/14)
WAC 388-113-0020 Which criminal convictions and pending charges automatically disqualify an individual from having unsupervised access to adults or minors who are receiving services in a program under chapters 388-71, 388-101, 388-106, 388-76, 388-78A, 388-97, 388-825, and 388-107 WAC?
(1) Individuals who must satisfy background checks requirements under chapters 388-71, 388-101, 388-76, 388-78A, 388-97, 388-825, and 388-107 WAC ((may)) must not work in a position that may involve unsupervised access to minors or vulnerable adults if ((he or she)) the individual has been convicted of or has a pending charge for ((one)) any of the following crimes:
(a) Abandonment of a child;
(b) Abandonment of a dependent person;
(c) Abuse or neglect of a child;
(d) Arson 1;
(e) Assault 1;
(f) Assault 2;
(g) Assault 3;
(h) Assault 4/simple assault (less than three years);
(i) Assault 4 domestic violence felony;
(j) Assault of a child;
(((j))) (k) Burglary 1;
(((k))) (l) Child buying or selling;
(((l))) (m) Child molestation;
(((m))) (n) Coercion (less than five years);
(((n))) (o) Commercial sexual abuse of a minor/patronizing a juvenile prostitute;
(((o))) (p) Communication with a minor for immoral purposes;
(((p))) (q) Controlled substance homicide;
(((q))) (r) Criminal mistreatment;
(((r))) (s) Custodial assault;
(((s))) (t) Custodial interference;
(((t))) (u) Custodial sexual misconduct;
(((u))) (v) Dealing in depictions of minor engaged in sexual explicit conduct;
(((v))) (w) Domestic violence (felonies only);
(((w))) (x) Drive-by shooting;
(((x))) (y) Drug crimes, if they involve one or more of the following:
(i) Manufacture of a drug;
(ii) Delivery of a drug; ((and))
(iii) Possession of a drug with the intent to manufacture or deliver.
(((y))) (z) Endangerment with a controlled substance;
(((z))) (aa) Extortion;
(((aa))) (bb) Forgery (less than five years);
(((bb))) (cc) Homicide by abuse, watercraft, vehicular homicide (negligent homicide);
(((cc))) (dd) Identity theft (less than five years);
(((dd))) (ee) Incendiary devices (possess, manufacture, dispose);
(((ee))) (ff) Incest;
(((ff))) (gg) Indecent exposure/public indecency (felony);
(((gg))) (hh) Indecent liberties;
(((hh))) (ii) Kidnapping;
(((ii))) (jj) Luring;
(((jj))) (kk) Malicious explosion 1;
(((kk))) (ll) Malicious explosion 2;
(((ll))) (mm) Malicious harassment;
(((mm))) (nn) Malicious placement of an explosive 1;
(((nn))) (oo) Malicious placement of an explosive 2 (less than five years);
(((oo))) (pp) Malicious placement of imitation device 1 (less than five years);
(((pp))) (qq) Manslaughter;
(((qq))) (rr) Murder/aggravated murder;
(((rr))) (ss) Possess depictions minor engaged in sexual conduct;
(((ss))) (tt) Promoting pornography;
(((tt))) (uu) Promoting prostitution 1;
(((uu))) (vv) Promoting suicide attempt (less than five years);
(((vv))) (ww) Prostitution (less than three years);
(((ww))) (xx) Rape;
(((xx))) (yy) Rape of child;
(((yy))) (zz) Residential burglary;
(((zz))) (aaa) Robbery;
(((aaa))) (bbb) Selling or distributing erotic material to a minor;
(((bbb))) (ccc) Sending or bringing into the state depictions of a minor engaged in sexually explicit conduct;
(((ccc))) (ddd) Sexual exploitation of minors;
(((ddd))) (eee) Sexual misconduct with a minor;
(((eee))) (fff) Sexually violating human remains;
(((fff))) (ggg) Stalking (less than five years);
(((ggg))) (hhh) Theft 1;
(iii) Theft from a vulnerable adult1;
(jjj) Theft from a vulnerable adult 2 (less than ten years);
(((hhh))) (kkk) Theft 2 (less than five years);
(((iii))) (lll) Theft 3 (less than three years);
(((jjj))) (mmm) Unlawful imprisonment
(((kkk))) (nnn) Unlawful use of building for drug purposes (less than ((5)) five years);
(((lll))) (ooo) Use of machine gun in a felony;
(((mmm))) (ppp) Vehicular assault;
(((nnn))) (qqq) Violation of temporary restraining order or preliminary injunction involving sexual or physical abuse to a child;
(((ooo))) (rrr) Violation of a temporary or permanent vulnerable adult protection order (VAPO) that was based upon abandonment, abuse, financial exploitation, or neglect; and
(((ppp))) (sss) Voyeurism.
(2) If "(less than ten years)," "(less than five years)," or "(less than three years)" appears after a crime listed in subsection (1) ((above)) of this section, the individual is not automatically disqualified if the required number of years has passed since the date of the conviction. ((For example, if three or more years have passed since an individual was convicted of Theft in the 3rd degree that conviction would not be automatically disqualifying. If the required number of years has passed, the employer must conduct an overall assessment of the person's)) This will result in a letter from the background check central unit indicating a character, competence, and suitability review is required before allowing unsupervised access to children or vulnerable adults ((and minors)).
(3) When the department determines that a conviction or pending charge in federal court or in any other court, including state court is equivalent to a Washington state crime that is disqualifying under this section, the equivalent conviction or pending charge is also disqualifying.