WSR 17-19-073 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Financial Services Administration) [Filed September 15, 2017, 10:13 a.m., effective October 16, 2017] Effective Date of Rule: Thirty-one days after filing. Purpose: RCW 9.97.020 (4)(a) mandates rule making by the department regarding the inclusion of certificates of restoration of opportunity (CROP) as part of reports, letters, or other assessments, and the application of a CROP to the state abuse and neglect registries. The rules add language to explain when a CROP will be a part of such assessments and when they are not required, and clarify and update the definitions related to the background check central unit of the department and its processes. Citation of Rules Affected by this Order: New WAC 388-06-0800 and 388-06-0810; and amending WAC 388-06-0700. Statutory Authority for Adoption: RCW 9.97.020. Adopted under notice filed as WSR 17-15-037 on July 11, 2017. Changes Other than Editing from Proposed to Adopted Version: WAC 388-06-0700, added definition of "data sources" to clarify which sources are used, and where more information may be found. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0. Date Adopted: September 12, 2017. Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-16-083, filed 7/30/10, effective 8/30/10)
WAC 388-06-0700 What definitions apply to WAC ((388-06-0710)) 388-06-0700 through ((388-06-0720)) 388-06-0810?
The following definitions apply to WAC 388-06-0700 through 388-06-0810:
"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, the developmentally disabled, juveniles, or children; or
(2) Is designated by the department as having access to sensitive information.
"Authorized entity" means a department ((of social and health services)), administration, division, program, unit, service provider, licensee, contractor, or other public or private ((agency)) entity that has permission from the department to ((conduct)) submit and receive background checks through ((the background check central unit)) BCCU.
(("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" or "BCCU" is the program responsible for conducting background checks for the department ((of social and health services)).
(1) ((The background check central unit)) BCCU is responsible for:
(a) Compiling background check information from external and internal data sources; ((and))
(b) Determining whether an applicant's background check information matches to the appropriate department list of disqualifying crimes and negative actions; and
(c) Providing information to the authorized entity who requested the background check.
(2) ((The background check central unit)) BCCU 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; or
(c) Determine what crimes and negative actions are disqualifying under the respective department lists.
"Background check result" means a written notification that provides information on the results of the background check process conducted for an applicant. The following are all background check results:
(1) "Disqualify result" means that BCCU has determined that the applicant's background check information has one or more items requiring automatic disqualification.
(2) "No record result" means that BCCU has determined that no background information has been reported requiring automatic disqualification or review.
(3) "Review required result" means that BCCU has determined that the applicant has one or more items of background check information, none of which require automatic disqualification.
"Certificate of restoration of opportunity" or "CROP" means a certificate obtained under chapter 9.97 RCW.
"Data sources" may include state and federal law enforcement records, state court records, agency databases, or other sources depending on the type of check conducted. More detailed information may be available on the BCCU page of the department's website or by calling the department.
"Department" means the department of social and health services.
NEW SECTION
WAC 388-06-0800 When must BCCU include a statement about a certificate of restoration of opportunity?
(1) Except as provided for in subsections (2) through (4) of this section, BCCU must include a statement about any existing CROP in background check results for all applicants that the department is authorized to disqualify for:
(a) A license;
(b) A certificate of authority;
(c) Qualification to engage in the practice of a profession or business; or
(d) Admission to an examination to qualify for such a license or certificate.
(2) BCCU is not required to include a statement about any existing CROP for an applicant who is exempt under chapter 9.97 RCW.
(3) BCCU is not required to include a statement about any existing CROP when BCCU issues any interim communications, including when:
(a) Requesting additional information;
(b) Notifying about an error;
(c) Rejecting a form;
(d) Requesting a thumbprint; or
(e) Any other communication that does not assess the final results of a processed background check.
(4) BCCU is not required to include a statement about any existing CROP in any no record result.
NEW SECTION
WAC 388-06-0810 Does a certificate of restoration of opportunity apply to any state abuse and neglect registry?
A CROP does not apply to any state abuse and neglect registry. No finding of abuse, neglect, or misappropriation of property may be removed from such registry based solely on a CROP.
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