WSR 20-20-086
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed October 5, 2020, 8:53 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-13-047.
Title of Rule and Other Identifying Information: The department is proposing amendments to WAC 388-454-0006 The department makes background checks on adults who are acting in place of a parent without court-ordered custody.
Hearing Location(s): On November 10, 2020, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington Street S.E., Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/office-of-the-secretary/driving-directions-office-bldg-2; or by Skype. Due to the COVID-19 pandemic, hearing may be held via Skype, see DSHS website for most up-to-date information.
Date of Intended Adoption: Not earlier than November 11, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 10, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by October 27, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments align rule language with changes in state law under 2SHB 1645 (chapter 270, Laws of 2020), effective January 1, 2021. The amendments reflect that founded findings of child abuse and neglect, and dependencies related to founded findings of child abuse and neglect, will not be considered when a background check is required and a certificate of parental improvement accompanies the finding. Cross references to disqualifying crimes lists that were recodified upon creation of the department of children, youth, and families are also updated.
Reasons Supporting Proposal: The proposed language supports implementation of policy changes as provided in 2SHB 1645 (chapter 270, Laws of 2020) and corrects obsolete WAC cross references.
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: Melissa Kenney, P.O. Box 45470, Olympia, WA 98504-5470, 360-764-3272.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This amendment is exempt as allowed under RCW
34.05.328 (5)(b)(vii) which states in part, "[t]his section does not apply to … rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents."
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS clients.
October 1, 2020
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 16-24-037, filed 11/30/16, effective 1/1/17)
WAC 388-454-0006The 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))110-04-0100 (1)(a) through (e); or
(b) You have been convicted of a crime listed in WAC ((388-06A-0180))110-04-0110 (1) through (3) within the last five years; or
(c) You have a pending criminal charge for a disqualifying crime listed in WAC 110-04-0130 (1)(a) through (b); or
(d) You are determined by the department to not have the character, suitability, and competence necessary to receive benefits for a child not related to you, as described in subsection (4) and (5) of this section.
(4) We review your background when you have been convicted of a crime listed in WAC ((388-06A-0180))110-04-0110 (1) through (3), 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))110-04-0100 (1)(a) through (e), or ((388-06A-0180))110-04-0110 (1) through (3) or have a founded finding of child abuse or neglect, as defined in WAC 110-03-0020, we review your background as described in subsection (4) of this section. If you have a founded finding of child abuse or neglect, or a dependency resulting from a finding of abuse or neglect, and have received a related certificate of parental improvement, as described in chapter 110-05 WAC, then that finding or dependency will not be considered in our determination.
(6) Expunged or sealed conviction records do not count against you.