WSR 01-10-064

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Office of the Secretary)

[ Filed April 27, 2001, 4:30 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-07-050.

Title of Rule: New WAC 388-06-0500 through 388-06-0540, one hundred and twenty-day provisional hire/pending FBI background check results.

Purpose: The rule is proposed to clarify when an entity, agency, or hiring individual can use the one hundred and twenty-day provisional hire.

Statutory Authority for Adoption: Chapter 43.20A RCW, RCW 72.05.440, and 74.15.030.

Statute Being Implemented: RCW 43.43.842(7).

Summary: This rule defines when the one hundred and twenty-day provisional hire is allowed by DSHS. It can be used by an entity, agency, or individual provider pending the results of a Federal Bureau of Investigation (FBI) background check. The FBI background check is done on individuals who will or may have unsupervised access to children, juveniles and vulnerable adults and have lived in Washington less than three years.

     The rule defines who approves the one hundred and twenty-day provisional hire and extensions. It also notes when the one hundred and twenty-day provisional hire is not available to an agency, entity, or individual provider to use.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jackie Beery, Policy Manager, 1115 Washington Street, Mailstop 45115, (360) 902-7814.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule defines when the one hundred and twenty-day provisional hire is allowed by DSHS. It can be used by an entity, agency, or individual provider pending the results of a Federal Bureau of Investigation (FBI) background check. The FBI background check is done on individuals who will or may have unsupervised access to children, juveniles and vulnerable adults and have lived in Washington less than three years.

     The rule defines who approves the one hundred and twenty-day provisional hire and extensions. It also notes when the one hundred and twenty-day provisional hire is not available to an agency, entity, or individual provider to use. This rule makes the application of the one hundred and twenty-day provisional hire consistent among an agency, entity, or an individual provider.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement has not been prepared because the rule does not impose costs on small businesses.

RCW 34.05.328 does not apply to this rule adoption. This rule is not considered a significant legislative rule. The rule clarifies agency policy relating to one hundred and twenty-day provisional hires pending the receipt of FBI background check results.

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on June 26, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by June 19, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@DSHS.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by June 26, 2001.

Date of Intended Adoption: No sooner than June 27, 2001.

April 27, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2940.1ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE -- PENDING FBI BACKGROUND CHECK RESULTS
NEW SECTION
WAC 388-06-0500   What 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 and vulnerable adults on a provisional basis pending the results of their Federal Bureau of Investigation (FBI) background check.

[]


NEW SECTION
WAC 388-06-0510   What definitions apply to one hundred twenty-day provisional hires?   "Agency" means any agency of the state or any private agency providing services to children, juveniles, and vulnerable adults.

     "Background check central unit (BCCU)" means the DSHS program responsible for conducting background checks for DSHS administrations.

     "Disqualified" means the results of an individual's background check disqualifies them from a position which will or may provide unsupervised access to children, juveniles, and vulnerable adults.

     "Entity" means, but is not limited to, a licensed facility, a corporation, a partnership, a sole proprietorship, or a contracted or certified service provider.

     "Hire" means engagement by an agency, entity or a hiring individual to perform specific agreed duties as a paid employee, a contract employee, a volunteer, or a student intern.

     "Hiring individual" means a DSHS client who is eligible to hire an individual to provide in-home service with state funding.

     "Individual" means an employee, a contract employee, a volunteer, or a student intern.

     "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:

     (1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and

     (2) Neither a qualified employee, contract employee, volunteer, or student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present.

[]


NEW SECTION
WAC 388-06-0520   Who is responsible for approving the one hundred twenty-day provisional hire?   The agency, entity or hiring individual is responsible for approving individuals for the one hundred twenty-day provisional hire.

[]


NEW SECTION
WAC 388-06-0525   When are individuals eligible for the one hundred twenty-day provisional hire?   Individuals are eligible for the one hundred twenty-day provisional hire immediately. The signed background check application and two FBI fingerprint cards must be sent to the BCCU within forty-eight hours by the agency, entity or hiring individual.

[]


NEW SECTION
WAC 388-06-0530   When does the one hundred twenty-day provisional hire begin?   The one hundred twenty-day provisional hire may begin from either:

     (1) The date of hire of an individual; or

     (2) After completion of a state background check on an individual.

     The agency, entity, or hiring individual makes this decision.

[]


NEW SECTION
WAC 388-06-0535   Who approves one hundred twenty-day provisional hire extensions?   The agency, entity or hiring individual approves one hundred twenty-day provisional hire extensions. An extension is approved when the agency, entity or hiring individual does not receive the FBI result within one hundred twenty days from:

     (1) The date of hire; or

     (2) Completion of the state background check.

[]


NEW SECTION
WAC 388-06-0540   Are 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 agency, entity, or hiring individual requesting:

     (1) An initial license;

     (2) An initial contract; or

     (3) Approval as a family child day care home provider, foster parent or adoptive parent (see 42 U.S.C. Sec 671 (a) (20)).

[]

© Washington State Code Reviser's Office