PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: November 28, 2001.
Purpose: Requiring background checks of adults caring for minor children in loco parentis without formal court-ordered custody or guardianship and notification to parents of the child's whereabouts.
Citation of Existing Rules Affected by this Order: Amending WAC 388-454-0025 The department notifies a child's parent when we approve assistance and the child is living with someone other than their parent.
Statutory Authority for Adoption: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460.
Adopted under notice filed as WSR 01-20-049 on September 26, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.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Repealed 0;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Repealed 0;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 1,
Amended 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 28, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2915.6(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).
(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 388-06-0170; or
(b) You have been convicted of a crime listed in WAC 388-06-0180 within the last five years.
(4) We review your background when you have been convicted of a crime listed in WAC 388-06-0180 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 388-06-0170 or 388-06-0180 we review your background as described in subsection (4) above.
(6) Expunged or sealed conviction records do not count against you.
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2985.1 (a) Within seven days of the date we approve assistance
((has been authorized)) for the child;
(b) How to ask for family reconciliation services ((may be
requested)) from the department; and
(c) ((The parent has the right)) How to request the child's
address and location as allowed under WAC 388-428-0010.
(2) ((The parent will be notified within seven calendar days
of assistance authorization.
(3) The parent will not be notified if there is a substantiated)) We do not notify the parent when there is evidence to support a claim that the parent has abused or neglected the child.
(((4) Release of the child's address and location will be
subject to the requirements of chapter 388-428 WAC.))
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-454-0025, filed 7/31/98, effective 9/1/98.]