WSR 19-21-064
PERMANENT RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed October 11, 2019, 1:50 p.m., effective November 11, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Concerning background checks for licensed early learning providers and their employees: WAC 110-06-0040 is amended to ensure that any current licensed provider who has not undergone a fingerprint-based background check for previous license applications does so at renewal. WAC 110-15-0041 is amended to ensure that all new employees undergo fingerprint-based background checks and receive preemployment clearance authorizations beginning October 2020. Rule changes comply with the reauthorized Child Care and Development Block Grant Act (CCDF) prohibiting employees from working in an early learning program until a fingerprint-based background check is conducted and the department of children, youth, and families issues clearance authorization. Compliance with CCDF is necessary for continued receipt of grant moneys.
Citation of Rules Affected by this Order: Amending WAC 110-06-0040 and 110-06-0041.
Other Authority: 42 U.S.C. 9858, et seq. and 45 C.F.R. 98.43.
Adopted under notice filed as WSR 19-18-015 on August 27, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 11, 2019.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-01-111, filed 12/18/18, effective 1/18/19)
WAC 110-06-0040Background clearance requirements.
This section applies to all subject individuals other than in-home/relative providers.
(1) Subject individuals associated with early learning services applying for a first-time background check must complete the DCYF background check application process ((through DCYF to include))including, but not limited to:
(a) Submitting a completed background check application;
(b) Completing the required fingerprint process; and
(c) Paying all required fees as provided in WAC 110-06-0044.
(2) All subject individuals ((who have been previously)) qualified by the department to have unsupervised access to children in care ((and))who are renewing their applications must:
(a) Submit the new background check application through DCYF;
(b) Submit payment of all required fees as provided in WAC 110-06-0044; and
(c) Complete the required fingerprint process if the subject individual lives or has lived outside of Washington state since the previous background check was completed, or has not previously completed the fingerprint process required by this section.
(3) Each subject individual completing the DCYF background check process must disclose whether they have:
(a) ((Whether he or she has))Been convicted of any crime;
(b) ((Whether he or she has))Any pending criminal charges; and
(c) ((Whether he or she has))Been subject to any negative action, as defined by WAC 110-06-0020.
(4) ((A))Subject individuals must not have unsupervised access to children in care unless ((he or she has))they have obtained DCYF authorization under this chapter.
(5) A subject individual who has been disqualified by DCYF must not be present on the premises when early learning services are provided to children.
AMENDATORY SECTION(Amending WSR 19-01-111, filed 12/18/18, effective 1/18/19)
WAC 110-06-0041Requirements for early learning service providers.
(1) This section applies to all providers other than in-home/relative providers.
(2) Early learning services providers must require a subject individual to complete the DCYF background check application:
(a) Prior to the date of hire;
(b) By the date a subject individual age sixteen or older moves onto the premises; or
(c) By the date a subject individual who lives on the premises turns sixteen years old.
(3) Beginning October 1, 2020, a subject individual must receive from DCYF a background check clearance authorization prior to the first date of employment.