reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0470 - Contents of the hearing record

Current through Register Vol. 24-14, July 15, 2024
(1) The administrative law judge must produce
				a complete official record of the proceedings.
(2) The official record must include, if
				applicable:
(a) Notice of all
				proceedings;
(b) Any prehearing
				orders;
(c) Any motions, pleadings,
				briefs, petitions, requests, and intermediate rulings;
(d) Evidence received or
				considered;
(e) A statement of
				matters officially noticed;
(f)
				Offers of proof, objections, and any resulting rulings;
(g) Proposed findings, requested orders, and
				exceptions;
(h) A complete audio
				recording of the entire hearing, together with any transcript of the
				hearing;
(i) All final orders,
				initial orders, and orders on reconsideration;
(j) Matters placed on the record after an ex
				parte communication; and
(k) Staff
				memoranda or data submitted to the presiding officer, not inconsistent with
				RCW
				  34.05.455.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0480 - Contents of the initial order

Current through Register Vol. 24-14, July 15, 2024
The ALJ's initial order must:
(1) Be correctly captioned, identifying DCYF,
				the name of the proceeding, and the docket number;
(2) List the names of all parties and
				representatives who participated in the proceeding;
(3) Contain numbered findings of fact based
				on the evidence in the record or officially noticed in the proceeding that the
				ALJ relied on in coming to a decision;
(4) Identify and explain findings based
				substantially on credibility of evidence or on demeanor of witnesses;
(5) Contain numbered conclusions of law and
				the reasons and basis for them, including citations of statutes and rules
				relied upon;
(6) Contain an order
				disposing of all contested issues, stating the result and remedy
				ordered;
(7) Contain a statement
				describing available procedures and time limits for requesting changes to the
				initial order or review by the BOA;
(8) State when the decision becomes final;
				and
(9) Include any other
				information required by law or DCYF program rules.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0490 - Finality of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1)
				Except as provided in subsection (3) of this section, the ALJ issues an initial
				order that becomes a final order:
(a)
				Twenty-one days after the date the initial order is mailed to the parties, when
				none of the parties has timely requested a review; or
(b) When a request for review is
				dismissed.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › HEARING PROCEDURES › Section 110-03-0500 - Correcting clerical errors in ALJ's orders

Current through Register Vol. 24-14, July 15, 2024
(1) A clerical error is a mistake that does
				not change the result or intent of the order. Some examples of clerical errors
				are missing or incorrect words, numbers, or dates.
(2) If a party disagrees with an ALJ's
				initial or final order because of a clerical error, the party may ask for a
				corrected order from the ALJ by making the request in writing and filing it
				with the OAH office that held the hearing. A copy of the request must be served
				on the other parties and their representatives at the same time.
(3) A request to correct a clerical error
				must be made within ten calendar days of the date the order was served on the
				parties by OAH.
(4) When asking for
				a corrected order, a party must clearly identify the clerical error.
(5) When a party requests a corrected order,
				the ALJ must either:
(a) Serve a corrected
				order on all parties within three business days of receipt of the party's
				request for correction; or
(b) Deny
				the request within three business days of receiving it.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0510 - Review of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				party who disagrees with or wants a change in an initial order, other than
				correcting a clerical error, may seek review of the initial order with the BOA
				as provided in WAC 110-03-0520 through 110-03-0560.
(2) If more than one party requests review,
				each request must meet the deadlines described in WAC 110-03-0520.
(3) The review judge will consider a written
				request for review, any response or reply, the initial order, and the record
				before deciding if the initial order should be affirmed, reversed, or remanded
				for further proceedings. In reviewing the findings of fact in the record, the
				review judge will give due regard to the ALJ's opportunity to observe
				witnesses. Oral argument may be allowed, if the review judge determines that it
				is necessary.
(4) Review judges may
				not review final orders entered by an ALJ.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0520 - Time for requesting review of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1) A written petition for review must be
				filed so the BOA receives it on or before the twenty-first calendar day after
				the initial order was served on the requesting party. A party may submit the
				review request by facsimile transmission (fax), but only if the party also
				mails a copy of the request on the same day.
(2) A review judge may extend the deadline
				for requesting review of an initial order if a party:
(a) Asks for more time orally or in writing
				before the deadline expires; and
(b) Shows good cause for requesting more
				time.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0530 - Requesting review of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1) A party may request review of their
				initial order by filing a written request, known as a petition for review. A
				petitioner must follow the instructions included with their initial order when
				petitioning for review.
(2) A
				petition for review should state the:
(a)
				Specific parts of the initial order with which the party disagrees;
(b) Reasons why they disagree; and
(c) The specific evidence in the record that
				supports their position.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0540 - Response and reply to petition for review of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1) Any party may
				respond to a petition for review.
(2) If a party responds, the response must be
				filed on or before the seventh business day after the date a copy of the
				petition for review was served on the parties.
(3) The responding party must serve a copy of
				the response on all other parties and their representatives at the same time
				the response is filed.
(4) If a
				response is filed, a nonresponding party may reply to the response.
(5) If a party replies, the reply must be
				filed on or before the seventh business day after the date a copy of the
				response was served on the parties.
(6) The replying party must serve a copy of
				the reply on all other parties and their representatives at the same time the
				reply is filed.
(7) If a party
				needs more time to respond or reply, the party must contact the BOA by the
				deadline in subsection (2) or (5) of this section and show good cause for an
				extension of time.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0550 - Board of appeals decision process

Current through Register Vol. 24-14, July 15, 2024
(1) After the deadlines required in WAC
				110-03-0540, the record on review is closed unless, upon the motion of a party,
				a review judge finds good cause to keep it open or to reopen the
				record.
(2) A review judge is
				assigned by the BOA to review the initial order after the record is closed. The
				review judge only considers evidence considered by the ALJ, unless the review
				judge has reopened the record pursuant to subsection (1) of this
				section.
(3) The review judge will
				decide the appeal without oral argument, unless the review judge determines
				that oral argument is necessary for resolution of the appeal.
(4) The review judge enters a final order
				that affirms, changes, dismisses, or reverses the initial order, or remands
				(returns) the case to the administrative law judge for further specified
				action.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0560 - Authority of the review judge

Current through Register Vol. 24-14, July 15, 2024
(1) The
				review judge reviews initial orders and enters final orders. The review judge
				has the same decision-making authority as the ALJ. The review judge considers
				the entire record and decides the case de novo (anew). In reviewing the
				findings of fact, the review judge must give due regard to the ALJ's
				opportunity to observe witnesses.
(2) A review judge may remand (return) cases
				to OAH for further action and may authorize temporary relief if
				appropriate.
(3) A review judge's
				authority is limited to those powers granted by statute or rule. The review
				judge has no inherent or common law powers.
(4) The review judge's order is the DCYF
				final order in the case, and the review judge serves the final order on each
				party and the agency. If the review judge's final order upholds the
				department's action, the appealing party must comply with the final order
				unless the appealing party obtains a stay of the effectiveness of the final
				order from the superior court after filing a petition for judicial review in
				accordance with WAC 110-03-0590.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0570 - Reconsideration of the final order

Current through Register Vol. 24-14, July 15, 2024
(1) Reconsideration is asking a judge to
				reexamine a final order because the party believes a mistake concerning a
				matter of law or fact was made.
(2)
				To request reconsideration of a final order, a party must file a petition for
				reconsideration with the office of OAH or the BOA that issued the final order.
				The petition for reconsideration must be filed within ten calendar days of the
				date the final order was served. The party requesting reconsideration must
				serve copies on all other parties and their representatives at the same time
				the petition is filed.
(3) Filing a
				petition for reconsideration does not stay the effectiveness of a final
				order.
(4) The petition for
				reconsideration must identify the parts of the final order with which the party
				disagrees and must identify the evidence in the hearing record that supports
				the party's position.
(5) Any
				nonrequesting party may, but is not required to respond to a request for
				reconsideration.
(6) If a
				nonrequesting party responds, the response must be filed so the ALJ or review
				judge receives it on or before the seventh business day after the date a copy
				of the petition for reconsideration was served on the parties.
(7) A responding party must serve a copy of
				the response on all other parties and their representatives at the same time
				the response is filed.
(8) If a
				response is filed, a nonresponding party may reply to the response.
(9) If a party replies, the reply must be
				filed so the office that issued the final order receives it on or before the
				seventh business day after the date a copy of the response was served on the
				parties.
(10) The replying party
				must serve a copy of the reply on all other parties and their representatives
				at the same time the reply is filed.
(11) If a party needs more time to respond or
				reply, the party must contact the office that issued the final order by the
				deadline in subsection (6) or (9) of this section and show good cause for an
				extension of time.
(12) If a party
				asks for reconsideration of the final order, the reconsideration process must
				be completed before requesting judicial review. However, a request for
				reconsideration of a final order is not required prior to requesting judicial
				review.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0580 - Ruling on request for reconsideration

Current through Register Vol. 24-14, July 15, 2024
(1) An ALJ or review judge must dispose of a
				reconsideration request within twenty calendar days from the date a petition
				for reconsideration is filed, unless the ALJ or review judge serves notice that
				additional time is required or an extension of time to file a response or reply
				is granted.
(2) The same ALJ or
				review judge who entered the decision will dispose of the petition for
				reconsideration, unless that judge is unavailable.
(3) The ALJ or review judge must prepare and
				serve on all parties a written order:
(a)
				Granting the petition and dissolving or modifying the final order;
(b) Granting the petition and setting the
				matter for further hearing; or
(c)
				Denying the petition.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0585 - Index of significant decisions

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department's index of significant decisions, prepared under RCW    42.56.070(5),
				contains BOA orders that include an analysis or decision of substantial
				importance to the department in carrying out its duties.
(2) A final order may be relied upon, used or
				cited as precedent by a party if the final order has been indexed in the
				department's index of significant decisions.
(3) The department selects the orders to be
				included in its "index of significant decisions" based on recommendations from
				staff and the public. Generally, a decision or order is considered
				"significant" only if it provides a legal analysis or interpretation not found
				in existing case law, or applies settled law to unusual facts. The index of
				significant decisions will include orders meeting the criteria in subsections
				(1) and (3) of this section, issued by the department.
(4) The index will, at a minimum, contain the
				case or document number; type of document; name of parties, if applicable,
				unless such names are exempt from public disclosure; brief description of
				subject and program; and pertinent legal citation.
(5) Any person may nominate a BOA order to be
				evaluated for indexing by submitting the request, reason why the person
				believes an order should be indexed, and a copy of the nominated order to the
				Board of Appeals, P.O. Box 40982, Olympia, WA 98504. The department will make a
				final decision as to whether to index the nominated order, and that decision is
				not appealable.
(6) The department
				will periodically update and review the index to verify that the indexed
				documents continue to meet the criteria in subsections (1) and (3) of this
				section. The department may, at any time, delete a document from an index.
				Under RCW    42.56.070(6), a public record may not be cited in a proceeding if it
				has not been indexed.
(7) The index
				is a public record and is available for public inspection at
https://dcyf.wa.gov/board-of-appeals
.
				The index of significant decisions is located at the Board of Appeals, 1310
				Jefferson St. S.E., Olympia, WA 98501.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-03 - Administrative hearings › POSTHEARING PROCESS › Section 110-03-0590 - Judicial review

Current through Register Vol. 24-14, July 15, 2024
(1) Judicial
				review is the process of appealing final agency orders to a superior
				court.
(2) Any party, except DCYF,
				may appeal a final order by filing a written petition for judicial review in
				superior court pursuant to
				RCW
				  34.05.514 that meets the requirements of
				RCW
				  34.05.546. The petition must be properly
				filed and served, as required by
				RCW
				  34.05.542, within 30 calendar days of the
				date the review judge serves the final order in the case. However, as provided
				by
				RCW
				  34.05.470, if a petition for reconsideration
				has been properly filed, the 30 day period does not commence until the agency
				disposes of the petition for reconsideration. A copy of the petition must be
				served on DCYF, the office of the attorney general, and all other parties at
				the same time the petition is filed.
(3) To serve DCYF, a copy of the petition
				must be delivered to the DCYF secretary or the BOA. The petition must be either
				hand delivered, mailed with proof of receipt, or sent by secure email.
(a) The physical location of the secretary
				is:
DCYF Office of the Secretary
1500 Jefferson Street Southeast
Olympia, WA 98501
The mailing address of the secretary is:
DCYF Office of the Secretary
P.O. Box 40975
Olympia, WA 98504-0975
(b) The mailing address for the DCYF BOA is
				stated in WAC 110-03-0530.
(c) To
				serve by email, call the BOA at 360-902-0278 and request access to the secure
				email portal.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0010 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter establishes rules for background checks conducted
				by the department of children, youth, and families (DCYF) for child welfare
				purposes and does not apply to background checks conducted for child care or
				early learning purposes as they are addressed in chapter 110-06 WAC. The
				department does background checks on individuals who are licensed, certified,
				contracted, employed in a group care facility, or authorized to care for or
				have unsupervised access to children. Background checks are conducted to find
				and evaluate any history of criminal convictions or civil adjudication
				proceedings, including those involving abuse, abandonment, financial
				exploitation, or neglect of a child or vulnerable adult.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0010,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0030 - Why are background checks done?

Current through Register Vol. 24-14, July 15, 2024
DCYF does background checks to help safeguard the health,
				safety, and well-being of children in out of home care. By doing background
				checks, the department reduces the risk of harm to children from individuals
				who have been convicted of certain crimes. The department's regulations require
				the evaluation of your background to determine your character, suitability, and
				competence before you are issued a license, contract, certificate,
				authorization to be employed at a group care facility, or authorization to have
				unsupervised access to children.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0100,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0040 - Who must have background checks?

Current through Register Vol. 24-14, July 15, 2024
(1) Under
			 RCW
			   74.15.030, prior to authorizing unsupervised
			 access to children, the department requires background checks on all providers
			 who may have unsupervised access to children. This includes licensed,
			 certified, or contracted providers, their current or prospective employees and
			 prospective adoptive parents as defined in
			 RCW
			   26.33.020.
(2) Under
			 RCW
			   74.15.030, prior to authorizing unsupervised
			 access to children, the department also requires background checks on other
			 individuals who may have unsupervised access to children in department licensed
			 or contracted homes or facilities that provide care, except for a normal
			 childhood activity that lasts less than 72 hours, as stated in
			 RCW
			   74.13.710. The department requires background
			 checks on all of the following people:
(a) A
			 volunteer or intern with regular or unsupervised access to children.
(b) Any person who regularly has unsupervised
			 access to a child.
(c) A relative
			 other than a parent who may be caring for a child.
(d) A person who is at least 16 years old and
			 resides in a foster, relative, or other suitable person's home and is not a
			 foster child.
(e) A person who is
			 younger than 16 years old in situations where it may be warranted to promote
			 the safety of children in out-of-home care.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0050 - Who is not affected by this chapter?

Current through Register Vol. 24-14, July 15, 2024
This chapter does not apply to schools, hospitals, or other
				facilities where the primary focus is not custodial.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0120,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0060 - Does the background check process apply to new and renewal licenses, certification, contracts, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
For DCYF, these regulations apply to all applications for new
				and renewal licenses, contracts, certifications, authorizations to be employees
				at a group care facility, and authorizations to have unsupervised access to
				children that are processed by DCYF after the effective date of this
				chapter.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0130,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0070 - What happens if I do not comply with the background check requirement?

Current through Register Vol. 24-14, July 15, 2024
The department will deny, suspend, or revoke your license,
				contract, or certification, or disqualify you to care for children if you or
				someone on the premises of your home or facility having unsupervised access, or
				an employee at a group care facility does not comply with the department's
				requirement for a background check.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0140,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0080 - What does the background check cover?

Current through Register Vol. 24-14, July 15, 2024
(1) The department must review criminal
			 convictions and pending criminal charges based on identifying information
			 provided by you. The background check may include, but is not limited to, the
			 following information sources:
(a) Washington
			 state patrol.
(b) Washington
			 courts.
(c) Department of
			 corrections.
(d) Department of
			 health.
(e) Civil adjudication
			 proceedings.
(f) Applicant's
			 self-disclosure.
(g) Out-of-state
			 law enforcement and court records.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0090 - Who pays for the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) DCYF pays the DSHS general administrative
			 costs and WSP and FBI fingerprint processing fees for foster home applicants,
			 DCYF relative and other suitable caregivers, DCYF adoptive home applicants, and
			 other adults associated with the home requiring clearances under chapter 13.34
			 RCW.
(2) DCYF does not pay WSP and
			 FBI fingerprint processing fees or expenses for:
(a) Non-DCYF employees, contractors, or
			 volunteers associated with facilities other than foster homes; or
(b) Adoptive, foster, relative, or other
			 suitable caregiver homes that are not proposed by DCYF.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0100 - Will a criminal conviction permanently prohibit me from being licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0170,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0110 - Are there other criminal convictions that will prohibit me from being licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children or from working with children?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0180,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0120 - If I have a pending criminal charge, conviction, or negative action may I ever be authorized to be licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 DCYF must disqualify a person with pending criminal charges or convictions on
			 the DCYF secretary's list that are:
(a)
			 Permanently disqualifying; or
(b)
			 Five-year disqualifying if less than five years have passed since the date of
			 conviction.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0130 - Will I be disqualified if there are pending criminal charges on my background check?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0200,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0140 - Will you license, contract, authorize my employment at a group care facility, or authorize me to have unsupervised access to children if my conviction has been expunged, vacated from my record, I have been pardoned for a crime, or I have obtained a CPI or CROP?

Current through Register Vol. 24-14, July 15, 2024
(1) If you receive a pardon or a court of law
			 acts to expunge or vacate a conviction on your record, the crime will not be
			 considered a conviction for the purposes of licensing, contracting,
			 certification, authorization for employment at a group care facility, or
			 authorization for unsupervised access to children.
(2) When you have obtained a CPI or CROP,
			 DCYF must:
(a) Disqualify if your background
			 information contains a pending criminal charge or conviction of a crime under
			 WAC
			 110-04-0120(1);
			 or
(b) Assess character,
			 suitability, and competence under WAC
			 110-04-0120,
			 if the CPI or CROP does not apply to a pending criminal charge, conviction of a
			 crime, or negative action under WAC
			 110-04-0120(2).
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0150 - How will I know the status of the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) If you have been approved by the
			 background check:
(a) The department will
			 notify you and your prospective employer or supervisor if you have requested a
			 contract, authorization to be employed at a group care facility, or approval
			 for unsupervised access to children.
(b) The department will not directly notify
			 you, and will instead continue the process for approving your application if
			 you have requested a license or certification to care for children.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0160 - What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization to have unsupervised access based on the results of the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) If you are seeking a license or
			 employment with a home or facility licensed by DCYF, you may appeal the
			 department's decision by requesting an administrative hearing to dispute a
			 denial of authorization for unsupervised access to children. You cannot contest
			 the pending criminal charge, conviction, or negative action in the
			 administrative hearing.
(2)
			 Prospective volunteers or interns, contractors or their employees, or those
			 seeking certification do not have the right to appeal the department's decision
			 to deny authorization for unsupervised access to children.
(3) The employer or prospective employer
			 cannot appeal the department's decision on your behalf.
(4) The administrative hearings are conducted
			 by administrative law judges employed by the office of administrative hearings,
			 pursuant to chapters 34.05 RCW and 110-03 WAC.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0230,
				  filed 1/15/15, effective 2/15/15.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0170 - Is the background check information released to my employer or prospective employer?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 DCYF will share with employers or approved care providers only that:
(a) You are disqualified; or
(b) You have not been disqualified by the
			 background check.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0180 - May I request a copy of my criminal background check results?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 will provide you a copy of your criminal background check results if you:
(a) Make the request in writing to the
			 department; and
(b) Offer proof of
			 identity, such as picture identification.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0001 - Scope and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Chapter
			 26.44 RCW authorizes the department to investigate allegations of child abuse
			 or neglect (CA/N) and to determine if allegations are founded or unfounded as
			 defined in
			 RCW
			   26.44.020. Prior to the creation of the
			 department, these determinations were made by the department of social and
			 health services, children's administration.
(2)RCW
			   74.13.720 directs the department to establish
			 a process that allows the secretary to issue a certificate of parental
			 improvement to an individual who is the subject of a founded finding of CA/N or
			 a court determination that the individual's child was dependent as a result of
			 a finding that the individual abused or neglected their child.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this chapter
				unless the context clearly requires otherwise.
"Abuse or neglect" has the same meaning as "abuse or neglect"
				in
				RCW
				  26.44.020.
"CA/N" means child abuse or neglect as defined in chapter 26.44
				RCW.
"Certificate of parental improvement (CPI)" has the same
				meaning as "certificate of parental improvement" in
				RCW
				  74.13.020(2).
"Department" means the department of children, youth, and
				families.
"Dependency finding" means a court determination that an
				individual's child was found dependent as a result of a finding the individual
				abused or neglected their child, pursuant to
				RCW
				  13.34.030(6)(b).
"Founded" has the same meaning as "founded" in
				RCW
				  26.44.020.
"Individual" means a person who has or is seeking a CPI.
"Negligent treatment or maltreatment" has the same meaning as
				"negligent treatment or maltreatment" in
				RCW
				  26.44.020.
"Physical abuse" has the same meaning as "physical abuse" in
				WAC
				110-30-0030.
"Secretary" means the secretary of the department.
"Washington office of administrative hearings (OAH)" means the
				Washington state office of administrative hearings.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0010 - Procedures for requesting a CPI and department consideration

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting a CPI
The request for a CPI must contain the following
				information:
(a) The individual's
			 current name, mailing address, telephone number, and email address if
			 available;
(b) The individual's
			 name at the time the founded finding or dependency finding was
			 issued;
(c) A description of the
			 changed circumstances, from the date after the founded finding or dependency
			 finding, that justify the issuance of a CPI to the individual; and
(d) The information described in subsection
			 (5) of this section.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0015 - CPI-Exclusions

Current through Register Vol. 24-14, July 15, 2024
The department may not issue a CPI if:
(1) Fewer than five years have elapsed since
			 the date the investigative assessment was issued that resulted in the
			 individual's last founded finding of CA/N;
(2) Fewer than two years have passed since
			 the department denied the individual's request for a CPI;
(3) The individual has a founded finding for
			 sexual abuse or sexual exploitation or has a founded finding for physical abuse
			 and the conduct that was the basis for the physical abuse finding involved
			 cutting, burning, interfering with a child's breathing, shaking a child under
			 three, or threatening a child with a deadly weapon;
(4) The individual was convicted of or is the
			 subject of a pending criminal investigation for:
(a) Any felony offense involving the physical
			 neglect of a child under chapter 9A.42 RCW;
(b) Any felony offense under chapter 9A.32 or
			 9A.36 RCW involving a physical injury or death of a child;
(c) Any felony domestic violence offense
			 committed against a family or household member as defined in chapter 10.99
			 RCW;
(d) A felony offense against a
			 child under chapter 9.68A RCW; or
(e) Any of the following felony offenses:
(i) Defined under any law as a class A felony
			 or an attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal
			 conspiracy to commit a class A felony;
(iii) Manslaughter in the first or second
			 degree;
(iv) Indecent
			 liberties;
(v) Kidnapping in the
			 second degree;
(vi) Arson in the
			 second degree;
(vii) Extortion in
			 the first degree;
(viii) Robbery in
			 the second degree;
(ix) Drive-by
			 shooting; and
(x) Vehicular
			 homicide; or
(f) Any
			 out-of-state, federal, or state conviction for a felony offense that is
			 comparable to an offense listed in subsection (4) of this section; or
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0020 - Determination-Notice

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 will issue a written decision that states whether a CPI is granted or
			 denied.
(2) The written decision to
			 grant a CPI must be sent by first-class mail to the individual's last known
			 address and to their email address, when available.
(3) If the department denies a CPI, the
			 written decision must be sent certified mail, return-receipt requested,
			 first-class mail, and email, when available, and include the following
			 information:
(a) The reasons for the denial,
			 including identifying any information relied upon that was not provided by the
			 applicant;
(b) Copies of any
			 information relied upon that was not provided by the applicant or directions on
			 how to obtain copies of the information;
(c) Notice that the individual has a right to
			 request a review of the denial and instructions for requesting a review;
			 and
(d) A statement that the
			 individual must wait two years from the date of the denial to request a CPI
			 again, if the denial is not successfully appealed.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0025 - Procedures for requesting review of a denied CPI and the secretary's review

Current through Register Vol. 24-14, July 15, 2024
(1)
Requesting a review.
An individual whose request for a CPI is
			 denied may request that the secretary or designee review the denial. The
			 request for review must:
(a) Be in
			 writing;
(b) Clearly state why the
			 individual disagrees with the denial;
(c) Include any relevant supporting
			 information and documentation; and
(d) Be received by the department within
			 forty-five calendar days of when the decision described in WAC 110-050020 was
			 mailed to the individual's last known address.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0030 - Procedures for requesting an administrative hearing

Current through Register Vol. 24-14, July 15, 2024
(1) An individual who is denied a CPI under
			 WAC 110-05-0025 has the right to request an administrative hearing under
			 chapters 34.05 RCW and 11003 WAC.
(2) A request for hearing under chapter 34.05
			 RCW must be filed with the OAH, as defined in WAC
			 110-03-0020, within
			 forty-five calendar days of the date the department placed the agency review
			 determination in the mail addressed to the individual.
(3) The failure to timely request an
			 administrative hearing results in the loss of any right to a hearing or further
			 challenges to the CPI denial.
(4)
			 The request for administrative hearing filed with the OAH must include a copy
			 of the review determination notice. OAH will conduct an administrative hearing
			 and issue an initial order.
(5) An
			 individual who disagrees with the initial order issued by OAH may appeal it to
			 the DCYF board of appeals as provided in WAC
			 110-03-0520
			 through
			 110-03-0580.
			 If an appeal is not filed on or before the twenty-first calendar day after the
			 initial order is served on the individual, the initial order issued by OAH
			 becomes the final order.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-05 - Background Checks-Certificates of Parental Improvement › Section 110-05-0035 - Confidentiality

Current through Register Vol. 24-14, July 15, 2024
Reviews and hearings conducted under this chapter are
				confidential and are not open to the public. Information about reports,
				reviews, and hearings may be disclosed only in accordance with federal and
				state laws pertaining to child welfare records and child protective services
				reports.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this chapter is to establish rules for background checks conducted by the
			 department of children, youth, and families (DCYF).
(2) The department conducts background checks
			 on subject individuals who:
(a) Currently have
			 a background clearance and are seeking to renew the authorization;
			 and
(b) Are seeking a background
			 check authorization for the first time.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0040 - Background clearance requirements

Current through Register Vol. 24-14, July 15, 2024
This section applies to all subject individuals, except for
				in-home/ relative providers.
(1)
			 Subject individuals must complete the DCYF background check application process
			 on or before the dates described in WAC
			 110-06-0041,
			 110-06-0045,
			 and at least once every three years thereafter. The background check process
			 includes, but is not limited to:
(a)
			 Submitting a completed background check application with the DCYF background
			 check unit;
(b) Completing the
			 required fingerprint process;
(c)
			 Completing the required interstate background check process for each state the
			 subject individual has lived outside of Washington state in the five years
			 preceding the background check application; and
(d) Paying all required fees as provided in
			 WAC
			 110-06-0044.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0041 - Requirements for early learning service providers

Current through Register Vol. 24-14, July 15, 2024
(1) This section applies to all providers
			 other than in-home/relative providers.
(2) Early learning services providers must
			 require a subject individual to complete the DCYF background check application:
(a) Prior to the date of hire;
(b) By the date a subject individual age
			 sixteen or older moves onto the premises; or
(c) By the date a subject individual who
			 lives on the premises turns sixteen years old.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0042 - Departmental investigation and redetermination

Current through Register Vol. 24-14, July 15, 2024
(1) The department will investigate and
			 conduct redeterminations of background clearances of subject individuals if the
			 department receives a complaint or information that causes the department to
			 conclude a background check clearance redetermination is necessary to verify
			 that a subject individual has the appropriate character, suitability, and
			 competence to have unsupervised access to children receiving early learning
			 services. The complaint or information may be received from individuals, law
			 enforcement agencies, or other federal, state, or local government
			 agencies.
(2) Subject to the
			 requirements in
			 RCW
			   43.216.270, and based on a determination that
			 an individual lacks the appropriate character, suitability, or competence to be
			 approved for a background check authorization, the department may:
(a) Invalidate their background check
			 authorization; or
(b) Suspend,
			 modify, or revoke any child care license issued by DCYF.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0043 - Early learning providers' duty to report conviction information, negative actions, or pending criminal charges

Current through Register Vol. 24-14, July 15, 2024
(1) Early learning services providers must
			 report to the department within 24 hours of learning that a subject individual
			 associated with their services who is authorized to have unsupervised access to
			 children, has a background that includes any conviction information, pending
			 criminal charge, or negative action.
(2) Subject individuals who have been issued
			 background check authorizations under this chapter must report to the
			 department within 24 hours after becoming aware that they are the subject of
			 conviction information, pending criminal charge, or negative action they have
			 not reported to the department.
(3)
			 Individuals' background check authorizations may be disqualified if they
			 intentionally or knowingly fail to report to the department as required under
			 subsection (1) or (2) of this section. This disqualification will be in
			 addition to any other agency action that may be imposed as a result of a
			 violation of this chapter, applicable provisions within Title 110 WAC, or
			 chapter 43.216 RCW.
Statutory Authority: RCW   43.215.070 and chapter 43.215 RCW.
				  WSR 15-24-040, §
										170-06-0043,
				  filed 11/20/15, effective 1/1/16. Statutory Authority: RCW   43.215.200,
				  43.215.205, 43.215.215 through 43.215.218,
				  43.43.830,
				  43.43.832,
				  chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, §
										170-06-0043,
				  filed 5/30/12, effective 7/1/12.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0044 - Background check fees

Current through Register Vol. 24-14, July 15, 2024
This section applies to all subject individuals other than
				in-home/relative providers.
(1)
			 Subject individuals must pay for the cost of the background check process. The
			 fees include:
(a) Fingerprint process fees as
			 defined by WSP, FBI, DSHS, and the DCYF fingerprint contractor; and
(b) The DCYF administrative fee of
			 $12.00.