PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Office of the Secretary)
Date of Adoption: July 5, 2001.
Purpose: The rule is adopted 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.
Adopted under notice filed as WSR 01-10-064 on April 27, 2001.
Changes Other than Editing from Proposed to Adopted Version: Added the term juveniles to WAC 388-06-0500 for consistency.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 7, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 7,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
July 5, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2940.2ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE -- PENDING FBI BACKGROUND CHECK RESULTS
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"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.
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(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.
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(1) The date of hire; or
(2) Completion of the state background check.
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(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)).
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