WSR 16-01-084
EXPEDITED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed December 15, 2015, 9:27 a.m.]
Title of Rule and Other Identifying Information: Chapter 388-06 WAC, Background check requirements for children's administration, was changed on February 15, 2015, to chapter 388-06A WAC. This change needs to be reflected in the division of licensed resources (DLR) WAC. The following DLR WAC will replace references to chapter 388-06 WAC with chapter 388-06A WAC: WAC 388-145-1325(2) What is required to apply for a group care facility license?, 388-145-1400(1) Can employees, volunteers and subcontractors be disqualified from having access to the children in my facility?, 388-147-1325(2) What is required to apply for a child placing agency license?, 388-147-1420(1) Can employees, volunteers and subcontractors be disqualified from having access to the children in my agency?, and 388-148-1635(1) Can people living in my home be disqualified from having access to the children in my care?
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Department of Social and Health Services, P.O. Box 45850, Olympia, WA 98504-5850, or deliver to 1115 Washington, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, AND RECEIVED BY February 22, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to update the DLR WAC with the current background check chapter 388-06A WAC. There are no anticipated effects to this change.
Reasons Supporting Proposal: The DLR WAC need to cite the correct background check WAC which was changed on February 15, 2015, to chapter 388-06A WAC.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Drafting [Implementation], and Enforcement: Kristina Wright, OB2, Olympia, Washington, (360) 902-8349.
December 11, 2015
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-01-069, filed 12/11/14, effective 1/11/15)
WAC 388-145-1325 What is required to apply for a group care facility license?
(1) You, the person responsible for the license, must submit a completed application which is available from the division of licensed resources, children's administration.
(2) You must submit the following for your executive director, agency staff, consultants, interns, volunteers, and anyone who may have unsupervised access to children per chapter 388-06A WAC:
(a) Completed background authorization form; and
(b) FBI fingerprint check if the individual over eighteen years of age has lived out of state during any portion of the previous three years.
(3) You must ensure that no employee, volunteer or subcontractor has unsupervised access to children until a full and satisfactory background check is completed and returned to you, qualifying the individual for unsupervised access. If your employee requires FBI fingerprints, they are allowed to work while awaiting fingerprint results, under the provisions of WAC 388-06-0500 through 388-06-0540.
AMENDATORY SECTION (Amending WSR 15-01-069, filed 12/11/14, effective 1/11/15)
WAC 388-145-1400 Can employees, volunteers and subcontractors be disqualified from having access to the children in my facility?
(1) The department must disqualify employees, volunteers or subcontractors if they do not meet the regulations of chapter 388-145 WAC, or cannot have unsupervised access to children because of their background check as outlined in chapter 388-06A WAC.
(2) We will notify you if a person in your facility is disqualified from having unsupervised access to children. This could also lead to denial, suspension or revocation of your license.
AMENDATORY SECTION (Amending WSR 15-01-069, filed 12/11/14, effective 1/11/15)
WAC 388-147-1325 What is required to apply for a child placing agency license?
(1) You must submit a completed application which is available from the division of licensed resources; and
(2) You, your executive director, agency staff, consultants, interns, volunteers, and anyone who may have unsupervised access to children per chapter 388-06A WAC are required to:
(a) Submit a completed background authorization form;
(b) Complete an FBI fingerprint check if the individual over eighteen years of age has lived out of state during any portion of the previous three years; and
(c) Ensure that no employee, volunteer or subcontractor has unsupervised access to children until a full and satisfactory background check is completed and documentation qualifying the individual for unsupervised access, has been returned to you. Your employees are allowed to work while awaiting fingerprint results, under the provisions of WAC 388-06-0500 through 388-06-0540.
AMENDATORY SECTION (Amending WSR 15-01-069, filed 12/11/14, effective 1/11/15)
WAC 388-147-1420 Can employees, volunteers and subcontractors be disqualified from having access to the children in my agency?
(1) The department must disqualify employees, volunteers or subcontractors if they do not meet the regulations of chapter 388-147 WAC or cannot have unsupervised access to children because of their background check as outlined in chapter 388-06A WAC.
(2) We will notify you if a person in your agency is disqualified from having unsupervised access to children. This could also lead to denial, suspension or revocation of your license.
AMENDATORY SECTION (Amending WSR 15-01-069, filed 12/11/14, effective 1/11/15)
WAC 388-148-1635 Can people living in my home be disqualified from having access to the children in my care?
(1) The department must disqualify people living in your home if they do not meet the requirements of chapter 388-148 WAC, or cannot have unsupervised access to children because of their background check (chapter 388-06A WAC).
(2) We will notify you if a person in your home is disqualified from having unsupervised access to children. This could also lead to denial, suspension or revocation of your license.
