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PDFWAC 388-454-0006

The department makes background checks on adults who are acting in place of a parent without court-ordered custody.

(1) We check your background when you ask for temporary assistance for needy families (TANF) or state family assistance (SFA) benefits for a child who:
(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) of this section.
(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 110-04-0100 (1)(a) through (e); or
(b) You have been convicted of a crime listed in WAC 110-04-0110 (1) through (3) within the last five years; or
(c) You have a pending criminal charge for a disqualifying crime listed in WAC 110-04-0130 (1)(a) through (b); or
(d) You are determined by the department to not have the character, suitability, and competence necessary to receive benefits for a child not related to you, as described in subsection (4) and (5) of this section.
(4) We review your background when you have been convicted of a crime listed in WAC 110-04-0110 (1) through (3), 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 110-04-0100 (1)(a) through (e), or 110-04-0110 (1) through (3) or have a founded finding of child abuse or neglect, as defined in WAC 110-03-0020, we review your background as described in subsection (4) of this section.
(6) If you disclose to us that you have received a certificate of parental improvement, as described in WAC 110-05-0001, and we verify it, then the related founded finding of child abuse or neglect, or dependency finding will not be considered in our determination under this section.
(7) Expunged, pardoned, sealed, or vacated conviction records, or those convictions for which you received a certificate of rehabilitation, do not count against you.
[Statutory Authority: RCW 43.43.832, 74.04.050, 74.04.055, 74.04.057, 74.08.090, and 74.12.290. WSR 21-23-020, § 388-454-0006, filed 11/8/21, effective 12/9/21. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.770, and 74.08.090. WSR 16-24-037, § 388-454-0006, filed 11/30/16, effective 1/1/17. Statutory Authority: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460. WSR 02-01-011, § 388-454-0006, filed 12/7/01, effective 1/7/02.]
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