WSR 18-20-091
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed October 1, 2018, 3:31 p.m., effective October 1, 2018]
Effective Date of Rule: October 1, 2018.
Purpose: These rules will establish chapter 110-05 WAC, One hundred twenty-day provisional hires, for the department of children, youth, and families (DCYF). This chapter includes the requirements for one hundred twenty-day provisional hires which allows an employee in a group care facility to have unsupervised access to children in the care and custody of DCYF on a provisional basis pending the results of their Federal Bureau of Investigation [background check].
Citation of Rules Affected by this Order: New chapter 110-05 WAC.
Statutory Authority for Adoption: Chapter 43.216 RCW, RCW 74.15.030, Public Law 115-123.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: These rules were previously filed on [as] an emergency on June 27, 2018, WSR 18-14-035. At this time, they are being revised and being filed as an emergency in order to meet the requirements and deadline date recently enacted in Public Law 115-123, Family First Prevention Act. These changes go into effect October 1, 2018. These changes are needed in order for the department to continue receiving Title IV-E funding.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 7, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 1, 2018.
Brenda Villarreal
Rules Coordinator
Title 110 WAC
Chapter 110-05 WAC
ONE HUNDRED TWENTY-DAY PROVISIONAL HIRES
NEW SECTION
WAC 110-05-0010What is the purpose of this chapter?
WAC 388-06-0500 through 388-06-0540 defines when the one hundred twenty-day provisional hire is allowed by the department of children, youth, and families (DCYF).
NEW SECTION
WAC 110-05-0020What is the purpose of the one hundred twenty-day provisional hire?
The one hundred twenty-day provisional hire allows an employee to have unsupervised access to children, juveniles, and vulnerable adults on a provisional basis pending the results of their Federal Bureau of Investigation (FBI) background check.
NEW SECTION
WAC 110-05-0030What definitions apply to one hundred twenty-day provisional hires?
"Agency" means any private agency providing services to children, juveniles, and vulnerable adults.
"Employee" means an employee of an agency defined in RCW 74.15.020 that receives children for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children for foster care or placement of children for adoption; or an employee of a department contractor when that contractor provides for the care, supervision, case management, or treatment, of children who are receiving child protective services or child welfare services as defined in RCW 74.15.020.
"Entity" means, but is not limited to, a licensed facility, corporation, partnership, sole proprietorship, or a contracted or certified service provider.
"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a twenty-four-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care per RCW 74.15.020 (1)(f).
"Hire" means engagement by an entity to perform specific agreed duties as a paid employee or a contract employee.
"Individual" means an employee or a contract employee.
"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:
(a) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and
(b) Neither a qualified employee or contract employee of the agency nor a relative or guardian of the child, juvenile, or vulnerable adult is present.
NEW SECTION
WAC 110-05-0040Who is responsible for approving the one hundred twenty-day provisional hire?
The entity is responsible for approving individuals for the one hundred twenty-day provisional hire.
NEW SECTION
WAC 110-05-0050When are individuals eligible for the one hundred twenty-day provisional hire?
Individuals who have lived three consecutive years in Washington state before submitting their application, cleared the state background check process, and submitted fingerprints are eligible for the one hundred twenty-day provisional hire. The fingerprint process must be completed as required by the applicable DCYF program.
NEW SECTION
WAC 110-05-0060When does the one hundred twenty-day provisional hire begin?
The one hundred twenty-day provisional hire may begin when notified by DCYF when the conditions in WAC 388-06-0525 have been met.
NEW SECTION
WAC 110-05-0070Are there instances when the one hundred twenty-day provisional hire is not available?
The one hundred twenty-day provisional hire is not available to an entity requesting:
(1) An initial license;
(2) An initial contract;
(3) Approval as a family child day care home provider, child placing agency employee, foster parent, or adoptive parent (see 42 U.S.C. Sec. 671 (a)(20)).