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Chapter 388-06 WAC

Last Update: 1/15/15

BACKGROUND CHECKS

WAC Sections

ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE—PENDING FBI BACKGROUND CHECK RESULTS
What is the purpose of the one hundred twenty-day provisional hire?
What definitions apply to one hundred twenty-day provisional hires?
Who is responsible for approving the one hundred twenty-day provisional hire?
When are individuals eligible for the one hundred twenty-day provisional hire?
When does the one hundred twenty-day provisional hire begin?
Who approves one hundred twenty-day provisional hire extensions?
Are there instances when the one hundred twenty-day provisional hire is not available?
DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS
Must the DSHS secretary or designee conduct background checks on all employees in covered positions and applicants under consideration for a covered position?
What is a covered position?
Who are vulnerable adults, juveniles or children?
What is unsupervised access?
What information is considered in a background check conducted by DSHS and what are the results of the background check used for?
Must an employee and/or applicant authorize the secretary of the department of social and health services or designee to conduct a background check and what happens if the employee or applicant does not provide authorization?
What happens when a permanent DSHS employee is disqualified because of a background check or failure to authorize a background check?
What are the DSHS secretary's responsibilities in carrying out the requirements to conduct background checks?
Does a DSHS permanent employee who is disqualified from a covered position as a result of a background check have the right to request a review of the disqualification?
BACKGROUND CHECK CENTRAL UNIT
What definitions apply to WAC 388-06-0710 through 388-06-0720?
Who may submit a background check to the background check central unit?
Who receives the results of a background check conducted by the background check central unit?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
388-06-0010
What is the purpose of this chapter? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0010, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0010, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0010, filed 1/8/09, effective 2/8/09. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0010, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0020
What definitions apply to WAC 388-06-0100 through 388-06-0260 of this chapter? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0020, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0020, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0020, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0020, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0100
Why are background checks done? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0100, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0100, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0110
Who must have background checks? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0110, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0110, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0110, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 43.43.832, 26.33.190, 26.44.030, 74.15.030, 2007 c 387 and Adam Walsh Act of 2006. WSR 09-06-028, § 388-06-0110, filed 2/24/09, effective 3/6/09. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0110, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0115
What are the division of developmental disabilities background check requirements? [Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0115, filed 10/15/12, effective 12/25/12.] Repealed by WSR 14-14-026, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837.
388-06-0120
Who is not affected by this chapter? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0120, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0130
Does the background check process apply to new and renewal licenses, certification, contracts, and authorizations to have unsupervised access to children? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0130, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0130, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0130, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0130, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0140
What happens if I don't comply with the background check requirement? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0140, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0150
What does the background check cover? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0150, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0150, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0150, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 43.43.832, 26.33.190, 26.44.030, 74.15.030, 2007 c 387 and Adam Walsh Act of 2006. WSR 09-06-028, § 388-06-0150, filed 2/24/09, effective 3/6/09. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0150, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0160
Who pays for the background check? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0160, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0160, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 43.43.832, 26.33.190, 26.44.030, 74.15.030, 2007 c 387 and Adam Walsh Act of 2006. WSR 09-06-028, § 388-06-0160, filed 2/24/09, effective 3/6/09. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0160, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0170
Will a criminal conviction permanently prohibit me from being licensed, contracted, or authorized to have unsupervised access to children or to individuals with developmental disability? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0170, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0180
Are there other criminal convictions that will prohibit me from working with children or individuals with a developmental disability? [Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0180, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0180, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0190
If I have a conviction, may I ever have unsupervised access to children? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0190, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0190, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0200
Will I be disqualified if there are pending criminal charges on my background check? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0200, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0210
Will you license, contract, or authorize me to have unsupervised access to children if my conviction has been expunged, or vacated from my record or I have been pardoned for a crime? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0210, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0210, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0220
How will I know if I have not been disqualified by the background check? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0220, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0230
How will I know if I have been disqualified by the background check? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0230, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0240
What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization based on the results of the background check? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0240, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0240, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0250
Is the background check information released to my employer or prospective employer? [Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0250, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0250, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0250, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.
388-06-0260
May I receive a copy of my criminal background check results? [Statutory Authority: RCW 74.15.030. WSR 01-18-025, § 388-06-0260, filed 8/27/01, effective 10/1/01.] Repealed by WSR 15-03-070, filed 1/15/15, effective 2/15/15. Statutory Authority: RCW 43.43.832, 74.15.030, and 43.43.837.


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, juveniles and vulnerable adults on a provisional basis pending the results of their Federal Bureau of Investigation (FBI) background check.
[Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0500, filed 7/10/01, effective 8/10/01.]



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.
[Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0510, filed 7/10/01, effective 8/10/01.]



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.
[Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0520, filed 7/10/01, effective 8/10/01.]



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 fingerprinting process must be completed as required by the applicable DSHS program.
[Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0525, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0525, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0525, filed 7/30/10, effective 8/30/10. Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0525, filed 7/10/01, effective 8/10/01.]



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.
[Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0530, filed 7/10/01, effective 8/10/01.]



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.
[Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0535, filed 7/10/01, effective 8/10/01.]



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;
(3) Approval as a family child day care home provider, foster parent or adoptive parent (see 42 U.S.C. Sec 671 (a)(20)).
[Statutory Authority: RCW 43.43.832, 74.15.030 and 43.43.837. WSR 14-14-026, § 388-06-0540, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW 43.43.832 and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0540, filed 10/15/12, effective 12/25/12. Statutory Authority: Chapter 43.20A RCW, RCW 72.05.440 and 74.15.030. WSR 01-15-019, § 388-06-0540, filed 7/10/01, effective 8/10/01.]



388-06-0600
Must the DSHS secretary or designee conduct background checks on all employees in covered positions and applicants under consideration for a covered position?

(1) The secretary of the department of social and health services (DSHS) or designee must conduct a background check, which may include fingerprinting as authorized by statute, on all employees in covered positions and applicants under final consideration for a covered position.
(2) The requirement to conduct a background check must include the following:
(a) Any employee seeking a covered position because of a layoff, reallocation, transfer, promotion or demotion or otherwise requesting a move to a covered position.
(3) Applicant means any person who has applied for work or serves in a covered position, including current employees requesting transfer, promotion, demotion, or otherwise requesting a move to a covered position.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0600, filed 1/8/09, effective 2/8/09.]



388-06-0605
What is a covered position?

A covered position is one in which a person will or may have unsupervised access to vulnerable adults, juveniles or children.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0605, filed 1/8/09, effective 2/8/09.]



388-06-0610
Who are vulnerable adults, juveniles or children?

(1) Vulnerable adult means a person who is a client of DSHS and/or is:
(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself;
(c) Developmental disabled as defined under RCW 71A.10.020;
(d) Admitted to any facility that is operated by DSHS;
(e) Receiving services from a DSHS contracted, authorized, certified, licensed or individual provider, including those certified under chapter 70.96A RCW;
(f) Receiving services through home health, hospice, or home care agencies required to be licensed under chapter 70.127 RCW; or
(g) Admitted to detoxification in a certified chemical dependency treatment facility in accordance with chapter 70.96A RCW.
(2) Juvenile means a person under the age of twenty-one under the juvenile rehabilitation administration's (JRA) jurisdiction, or under the department of corrections' jurisdiction while placed in a JRA facility.
(3) Child or children means any person under eighteen years of age.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0610, filed 1/8/09, effective 2/8/09.]



388-06-0615
What is unsupervised access?

Unsupervised access means a DSHS employee, volunteer or student intern who:
(1) Works or serves in a setting, such as an institution, that provides residential services to vulnerable adults, juveniles and children;
(2) Works or serves in a position where, during the course of his or her employment, the employee may transport, or visit the residence of, a vulnerable adult, juvenile or child; or
(3) Works or serves in a position, other than one described in (1) and (2) above, where the employee may be left alone with a vulnerable adult, juvenile or child. "Left alone" does not include the possibility of a public encounter, or public interaction.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0615, filed 1/8/09, effective 2/8/09.]



388-06-0620
What information is considered in a background check conducted by DSHS and what are the results of the background check used for?

(2) The background information must be used by DSHS to determine the character, competence, and suitability of the applicant and/or employee to have unsupervised access to vulnerable adults, juveniles and children.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0620, filed 1/8/09, effective 2/8/09.]



388-06-0625
Must an employee and/or applicant authorize the secretary of the department of social and health services or designee to conduct a background check and what happens if the employee or applicant does not provide authorization?

(1) An employee and/or applicant applying for or being considered for retention in a covered position must authorize the secretary of DSHS or designee to conduct a background check which may include fingerprinting.
(2) Failure to authorize the DSHS secretary or designee to conduct a background check disqualifies an employee or applicant from consideration for any covered position including their current covered position.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0625, filed 1/8/09, effective 2/8/09.]



388-06-0630
What happens when a permanent DSHS employee is disqualified because of a background check or failure to authorize a background check?

(1) A DSHS employee who fails to authorize a background check or who is disqualified based on a background check and character, competence, and suitability assessment will be denied unsupervised access to vulnerable adults, juveniles and children.
(2) A permanent employee with a background check disqualification or who fails to authorize a background check may be subject to any of the following actions in no specific order:
(a) Denial of a transfer, promotion, demotion, or elevation;
(b) Job restructuring;
(c) Job reassignment or transfer to a noncovered position;
(d) Nondisciplinary separation;
(e) Disciplinary action;
(f) Voluntary demotion to a noncovered position;
(g) Voluntary resignation from employment.
(3) An appointing authority may use the following interim measures or any combination while deciding which action to take. Use of these interim measures will generally not exceed thirty calendar days except in the case of ongoing investigations or pending charges:
(a) Voluntary use of accrued vacation, exchange, and/or compensatory time;
(b) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave; or
(c) Reassignment to another work location to prevent unsupervised access.
(d) When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.
(4) Before an appointing authority implements the nondisciplinary separation of a permanent employee, a search for a noncovered position that is vacant, funded and for which the employee meets the skills and abilities will occur for a period of thirty calendar days. The search will be conducted in accordance with the layoff requirements listed in applicable collective bargaining agreements and DSHS administrative policies.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0630, filed 1/8/09, effective 2/8/09.]



388-06-0635
What are the DSHS secretary's responsibilities in carrying out the requirements to conduct background checks?

(1) The DSHS secretary or designee will:
(a) Notify employees and applicants that a background check is required for covered positions;
(b) Develop procedures specifying when employees and applicants may be hired on a conditional basis pending the results of a background check; and
(c) Develop policies and procedures pertaining to background checks.
(d) Use information contained in a background check for the purpose of determining the character, competence, and suitability of the applicant and/or employee to have unsupervised access to vulnerable adults, juveniles and children.
(2) The DSHS secretary or designee will not further disseminate background check information unless authorized or required by law to do so. In addition, results of a background check may be discoverable pursuant to the rules of civil discovery, or subject to disclosure pursuant to a public records request.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0635, filed 1/8/09, effective 2/8/09.]



388-06-0640
Does a DSHS permanent employee who is disqualified from a covered position as a result of a background check have the right to request a review of the disqualification?

A DSHS permanent employee who is disqualified from a covered position as a result of a background check has the right to present the DSHS secretary or designee evidence that may mitigate the disqualifying background information identified by the department. The permanent employee may present additional information for consideration that includes, but is not limited to:
(1) The employee's background check authorization and disclosure form;
(2) The employee's age at the time of conviction, charge, or disciplinary board final decision;
(3) The nature and severity of the conviction, charge, or disciplinary board final decision;
(4) The length of time since the conviction, charge, or disciplinary board final decision;
(5) The nature and number of previous offenses;
(6) Vulnerability of the child, vulnerable adult, or individual with mental illness or developmental disabilities to which the employee will or may have unsupervised access; and
(7) The relationship between the potentially disqualifying event and the duties of the employee.
[Statutory Authority: RCW 43.43.832, 43.20A.710, and 2007 c 387. WSR 09-03-003, § 388-06-0640, filed 1/8/09, effective 2/8/09.]



388-06-0700
What definitions apply to WAC
388-06-0710 through 388-06-0720?

"Authorized entity" means a department of social and health services program, service provider, licensee, contractor, or other public or private agency that has permission from the department to conduct background checks through the background check central unit.
"Background check applicant" means an employee, volunteer, student, intern, licensee, service provider, contractor or other individual who is the subject of the background check and who will work in a position that:
(1) May have unsupervised access to vulnerable adults, juveniles or children as described in WAC 388-06-0610; or
(2) Is designated by the department as a sensitive position.
"Background check central unit" is the program responsible for conducting background checks for the department of social and health services.
(1) The background check central unit is responsible for:
(a) Compiling background check information from external and internal data sources; and
(b) Providing information to the authorized entity who requested the background check.
(2) The background check central unit does not:
(a) Make the final hiring, contracting, placement, or licensing decision for the department or authorized entity; or
(b) Determine what program, service provider, licensee, contractor, or other public or private agency qualifies as an authorized entity.
"Department" means the department of social and health services.
[Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0700, filed 7/30/10, effective 8/30/10.]



388-06-0710
Who may submit a background check to the background check central unit?

An authorized entity may request a background check through the background check central unit when the authorized entity has:
(1) A valid background check central unit account number;
(2) A current department background authorization form filled out and signed by the applicant; and
(3) Submitted the background check request under the applicable program requirements.
[Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0710, filed 7/30/10, effective 8/30/10.]



388-06-0720
Who receives the results of a background check conducted by the background check central unit?

(1) The background check central unit follows laws related to the release of criminal history records (chapter 10.97 and 43.43 RCW), public disclosure (chapter 42.56 RCW); and other applicable laws when releasing background information.
(2) The authorized entity who submits a background check request receives a copy of the background check results.
(3) The background check applicant may request a copy of his or her background check results.
(4) As required in RCW 74.39A.055(2), the department will share the results of state and national background checks with the Washington department of health to satisfy its certification responsibilities under chapter 18.88B RCW.
[Statutory Authority: RCW 43.43.832, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0720, filed 7/30/10, effective 8/30/10.]