reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-170 - Can the department deny or revoke my certification or authorization status?

Current through Register Vol. 24-14, July 15, 2024
Except for current DSHS employees in designated bilingual
					 positions, the department may deny or revoke either your certification or
					 authorization status if it determines that you committed any of the following
					 acts:
(1) You have not been truthful
				  when dealing with the department; or
(2)You have violated any provision of the
				  department's code of professional conduct that is determined to be creating
				  major negative impacts on the department or the profession; or
(3)You have committed any act that
				  constitutes a felony or misdemeanor related to your language service
				  assignments; or
(4)You have
				  committed any fraud, dishonesty, or corruption related to your language service
				  assignments; or
(5)You continued to
				  violate any provision of the department's code of professional conduct after
				  receipt of notification to discontinue; or
(6) You continued to falsely or deceptively
				  advertise your language service after receipt of notification to discontinue;
				  or
(7)It is determined that you are
				  grossly incompetent as a language access provider.
In making this determination, the department will consider
					 the investigation findings by the authorized entity, or the entity that
					 contracts with you.
Alternatively, if the department determines that you
					 engaged in misconduct but that the misconduct is not one of the acts described
					 above, the department will alert you to your misconduct and notify you to
					 discontinue such misconduct.
Once you have been decertified/deauthorized due to any of
					 the proven acts listed above, you will be ineligible indefinitely for
					 recertification/reauthorization.
Reviser's note:
RCW
						 34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules. The rule published
						above varies from its predecessor in certain respects not indicated by the use
						of these markings.
Statutory Authority:
						RCW
						 2.43.010,
						74.04.025, and
						74.08.090. 00-06-014, §
						388-03-170, filed 2/22/00, effective
						3/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-171 - Can the department deny or revoke my certification or authorization status as a department bilingual employee?

Current through Register Vol. 24-14, July 15, 2024
The DSHS human resources division (HRD) will address
					 issues of bilingual employees through agency administrative policy or
					 applicable collective bargaining agreements.
Reviser's note:
The unnecessary underscoring
						and strikethrough in the above section occurred in the copy filed by the agency
						and appears in the Register pursuant to the requirements of
						RCW
						 34.08.040.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-172 - What procedures must the department follow if it denies or revokes my certification or authorization status?

Current through Register Vol. 24-14, July 15, 2024
Except for current DSHS employees in designated bilingual
					 positions, if it is alleged that you have committed any of the acts listed in
					 WAC 388-03-170, before denying or
					 revoking your certification or authorization status, the department
					 must:
(1)have received an official
				  request from the entity that contracts with you to have your
				  certification/authorization status revoked;
(2) Have received the findings of the
				  investigation conducted by the authorized entity or the entity that contracts
				  with you. You must be interviewed as part of the investigation process. The
				  findings of the investigation must include definite conclusions about the
				  alleged violation(s);
(3)Within
				  thirty days of receiving the official revocation request and investigation
				  findings, send you written notification regarding the final decision of your
				  certification or authorization status. The department's notification must be
				  sent to you by certified mail; and
(4)Remove your name from the department's
				  database and the published online searchable list of certified/authorized
				  interpreters/translators, if your certification/authorization status has been
				  revoked.
(5)If a revocation request
				  is made by a third party while the investigation of an allegation described in
				  subsection (2) of this section is not readily feasible, the department retains
				  the right and authority to preliminarily deny or revoke a certification or
				  authorization status pending completion of the investigation.
Statutory Authority:
						RCW
						 2.43.010,
						74.04.025, and
						74.08.090. 00-06-014, §
						388-03-172, filed 2/22/00, effective
						3/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-173 - What is the required time frame to file a revocation request?

Current through Register Vol. 24-14, July 15, 2024
Any request for revocation must be officially filed with
					 LTC within two years of the alleged occurrence of misconduct. Otherwise, the
					 request shall be dismissed as untimely.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-174 - Can I appeal the decision to deny or revoke my certification or authorization?

Current through Register Vol. 24-14, July 15, 2024
If your certification or authorization is denied or
					 revoked, you have the right to appeal the decision by using the adjudicative
					 proceeding process in
					 chapters
					 34.05 RCW and 388-02 WAC.
Reviser's note:
RCW
						 34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules. The rule published
						above varies from its predecessor in certain respects not indicated by the use
						of these markings.
Statutory Authority:
						RCW
						 2.43.010,
						74.04.025, and
						74.08.090. 00-06-014, §
						388-03-174, filed 2/22/00, effective
						3/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-03 - CERTIFICATION OF DSHS SPOKEN LANGUAGE INTERPRETERS, TRANSLATORS, EMPLOYEES, AND LICENSED AGENCY PERSONNEL (LAPL) › DECERTIFICATION/DEAUTHORIZATION OF INTERPRETERS AND TRANSLATORS › Section 388-03-176 - How do I request an adjudicative hearing?

Current through Register Vol. 24-14, July 15, 2024
To request an adjudicative hearing, you must:
(1)File a written application for hearing
				  with the department's board of appeals within twenty-one days of receiving the
				  department's decision to deny or revoke your certification or
				  authorization.
(2)Your written
				  application must include:
(a)A copy of the
				  decision that you are contesting; and
(b) A specific statement of the issue(s) and
				  the law involved; and
(c)Your
				  reasons for contesting the decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter shall be to establish rules
				  implementing the department's policy for the protection of departmental wards,
				  clients, and employees who serve as human subjects in research and related
				  activities. These rules do not supersede or limit the applicability of other
				  state and federal laws and regulations. For example, see Title 45, Part 46 of
				  the Code of Federal Regulations.
99-15-021, recodified as § 388-04-010, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-010, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Research"
				means a systematic investigation designed to develop or contribute to
				generalizable knowledge. Activities which meet this definition constitute
				"research" for purposes of these rules, whether or not they are supported or
				conducted under this label.
(2)
				"Related activities" means demonstration, service, development, and other
				projects that contain a research component.
(3) "Human subject" means a person about whom
				an investigator (whether professional or student) conducting research obtains
				data (a) through intervention or interaction with the person, (b) through
				observation of the person's behavior, or (c) from personal records and other
				private information sources.
99-15-021, recodified as § 388-04-020, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-020, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-030 - Statement of policy

Current through Register Vol. 24-14, July 15, 2024
(1) No service
				unit or administrative unit within the department's jurisdiction shall allow,
				or shall participate in, the conduct of research and related activities unless
				the plans or protocols for such activities have been reviewed and approved by
				the department of social and health services human research review board or
				have been specifically exempted from this review requirement by published
				departmental guidelines.
(2) It is
				the intent of the department's human subjects protection policy that review of
				research and related activities by the review board determine that the rights
				and welfare of clients, wards, and employees are adequately protected; that
				risks to individuals are minimized, are not unreasonable and are outweighed by
				the potential benefits to them or by the knowledge to be gained; and that the
				proposed project design and methods are adequate and appropriate in the light
				of stated project purposes.
99-15-021, recodified as § 388-04-030, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-030, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-040 - Implementation

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall maintain a human research review board which shall have primary
				responsibility for the ethical and technical review of the use of human
				subjects in research and related projects conducted within the department's
				jurisdiction. Unfavorable review dispositions by this review board, including
				disapproval of proposed research, research restrictions, or special approval
				conditions, cannot, by federal regulation (45 C.F.R. 46.112) be removed
				except by the review board. Favorable review decisions by the board shall be
				subject to review and concurrence by appropriate departmental
				officials.
(2) To assure continued
				protection of human subjects in on-going research at the activity site,
				departmental service units involved in a significant number of research and
				related activities shall establish their own research oversight committees.
				These local committees shall function as extensions of the human research
				review board. They shall be responsible for providing ethical and procedural
				oversight in accordance with the review board's directions.
(3) Review of proposals requiring
				professional competencies beyond those represented on the human research review
				board shall require prior and written review consultation with at least four
				research experts who are competent to judge the scientific merit, benefits, and
				risks of the proposed research.
99-15-021, recodified as § 388-04-040, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-040, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-050 - General applicability

Current through Register Vol. 24-14, July 15, 2024
The department's human research review rules shall apply to
				  all organizational units of the department. They shall apply to all research
				  and related activities that involve departmental clients, wards, or employees
				  as human subjects or that require disclosure of their personal records,
				  regardless of funding source, and regardless of whether the research is
				  conducted by a departmental employee or by a nondepartmental investigator. The
				  rules shall apply to all research and related activities subcontracted by the
				  department under state and federal grants and contracts to nondepartmental
				  organizations and individuals, regardless of whether the research or related
				  activity involves departmental clients or a nondepartmental subject
				  population.
99-15-021, recodified as § 388-04-050, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-050, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-060 - Documentation of research proposals and review dispositions

Current through Register Vol. 24-14, July 15, 2024
(1) All research and related activity
				proposals subject to review under WAC 388-10-050 shall be submitted in writing
				and such proposals shall conform to the format and content guidelines published
				by the department.
(2) The director
				of the departmental unit responsible for human research review policy
				administration shall document in writing all review dispositions affecting
				research and related activity proposals submitted to the department. In the
				case of unfavorable dispositions, such documentation shall contain a statement
				of the reasons for the negative disposition.
99-15-021, recodified as § 388-04-060, filed 7/12/99,
					 effective 7/12/99. Statutory Authority:
					 RCW
					 43.20A.550. 81-17-022 (Order 1687), §
					 388-10-060, filed 8/12/81.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-04 - Protection of human research subjects › Section 388-04-070 - Human research review guidelines

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall develop and publish
				a comprehensive set of procedural guidelines for the protection of human
				research subjects within its jurisdiction. These guidelines shall be at least
				as restrictive as the minimum requirements set forth in Title 45, Part 46 of
				the Code of Federal Regulations, but may be more restrictive if necessary to
				satisfy the protective purposes of the department's human subjects protection
				policy.
(2) The published
				guidelines shall speak at least to the following topics:
(a) Applicability;
(b) Responsibility for policy and rule
				implementation;
(c) Basic
				definitions;
(d) Proposal format
				and content;
(e) Review and
				certification requirements;
(f)
				Activities exempt from review requirements;
(g) Approval and disapproval authority;
				appeals;
(h) Qualification
				requirements for investigators;
(i)
				Review board composition and functions;
(j) Review of ongoing research
				projects;
(k) Informed consent
				requirements;
(l) Disclosure of
				personal records for research purposes;
(m) Publication conditions;
(n) Provisions for adapting guidelines to the
				changing requirements of state and federal laws and regulations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-05 - Contractor billing requirements - General › Section 388-05-0001 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish general
				  procedures for contractors to follow when submitting claims for payment to the
				  department of social and health services. Additional requirements may also
				  apply.
Statutory Authority:
					 RCW
					 43.17.060. 01-12-071, § 388-05-0001,
					 filed 6/4/01, effective 7/5/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-05 - Contractor billing requirements - General › Section 388-05-0005 - What contracts does this chapter apply to?

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to all contracts for personal or client
				  services as defined in chapter 39.29 RCW and to all interlocal agreements
				  governed by
				  chapter
				  39.34 RCW. This chapter
				  does not supersede WAC 388-502-0150 titled Time limits for providers to bill
				  medical assistance administration (MAA).
Statutory Authority:
					 RCW
					 43.17.060. 01-12-071, § 388-05-0005,
					 filed 6/4/01, effective 7/5/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-05 - Contractor billing requirements - General › Section 388-05-0010 - How soon does a contractor have to submit claims for payment to the department after the services are rendered?

Current through Register Vol. 24-14, July 15, 2024
Each contractor who is rendering authorized services to the
				  department or its clients shall submit claims for payment, as agreed upon
				  between the department and the contractor, no later than twelve months after
				  the date of service. If the claims for payment are not presented within the
				  twelve-month period there shall not be a charge against the state. The
				  twelve-month period may be shortened by contract or regulation. The
				  twelve-month period may be extended by contract or regulation, but only if
				  required by applicable state or federal law or regulation. The department may
				  grant exceptions to the twelve-month period for initial claims when billing
				  delays are caused by either of the following:
(a) The department's certification or
				authorization of services for a client for a retroactive period; or
(b) The provider proves to the department's
				satisfaction that there are other extenuating circumstances.
This provision shall apply to all claims for payment
				  submitted on or after the effective date.
Statutory Authority:
					 RCW
					 43.17.060. 01-12-071, § 388-05-0010,
					 filed 6/4/01, effective 7/5/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0030 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
				  388-06-500 through
				  388-06-0550 define when an
				  applicant, long-term care worker, or service provider may have unsupervised
				  access to vulnerable adults and children pending the results of a
				  fingerprint-based background check required by
				  RCW
				   74.39A.056 or
				  RCW
				   43.43.837.
(2) WAC
				  388-06-0700 through
				  388-06-0720 describe the
				  responsibilities of the background check central unit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0500 - What is the purpose of the 120-day provisional period?

Current through Register Vol. 24-14, July 15, 2024
The 120-day provisional period allows applicants, long-term
					 care workers, and service providers to have unsupervised access to vulnerable
					 adults and children pending the results of a fingerprint-based background
					 check.
Reviser's note:
RCW
						 34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules. The rule published
						above varies from its predecessor in certain respects not indicated by the use
						of these markings.
Statutory Authority:
						Chapter
						43.20A RCW,
						RCW
						 72.05.440 and
						74.15.030. 01-15-019, §
						388-06-0500, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0510 - What definitions apply to 120-day provisional period rules?

Current through Register Vol. 24-14, July 15, 2024
"
Applicant
" has the same meaning as defined
					 in RCW
					  43.43.830.
"
Completed fingerprint check
" means the
					 applicant has a final fingerprint notification from the background check
					 central unit that is not disqualifying.
"
Long-term care worker
" has the same meaning
					 as defined in
					 RCW
					  74.39A.009.
"
Service provider
" means entities, facilities,
					 agencies, businesses, or individuals who are licensed, certified, authorized,
					 or regulated by, receive payment from, or have contracts or agreements with,
					 the department of social and health services or its designee, to provide
					 services to vulnerable adults or children.
Statutory Authority:
						Chapter
						43.20A RCW,
						RCW
						 72.05.440 and
						74.15.030. 01-15-019, §
						388-06-0510, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0520 - Who is responsible for approving the one hundred twenty-day provisional hire?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapter
						43.20A RCW,
						RCW
						 72.05.440 and
						74.15.030. 01-15-019, §
						388-06-0520, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0525 - When are applicants, long-term care workers, and service providers eligible for the 120-day provisional period?

Current through Register Vol. 24-14, July 15, 2024
Applicants, long-term care workers, and service providers
					 are eligible for the 120-day provisional period once they have passed a state
					 name and date of birth background check and have scheduled their appointment to
					 have their fingerprints taken for the fingerprint-based background
					 check.
Statutory Authority:
						RCW
						 43.43.832 and
						74.39A.056 as amended by
						2012 c
						164 and   2012 c  1. 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. 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. 01-15-019, §
						388-06-0525, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0530 - When does the 120-day provisional period begin?

Current through Register Vol. 24-14, July 15, 2024
The 120-day provisional period begins on the date an
					 applicant, long-term care worker, or service provider begins providing care to
					 a vulnerable adult or child.
Statutory Authority:
						Chapter
						43.20A RCW,
						RCW
						 72.05.440 and
						74.15.030. 01-15-019, §
						388-06-0530, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0535 - Who approves one hundred twenty-day provisional hire extensions?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						Chapter
						43.20A RCW,
						RCW
						 72.05.440 and
						74.15.030. 01-15-019, §
						388-06-0535, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0540 - Are there instances when the one hundred twenty-day provisional hire is not available?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832 and
						74.39A.056 as amended by
						2012 c
						164 and   2012 c  1. 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. 01-15-019, §
						388-06-0540, filed 7/10/01, effective
						8/10/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › ONE HUNDRED AND TWENTY-DAY PROVISIONAL HIRE - PENDING FBI BACKGROUND CHECK RESULTS › Section 388-06-0550 - How does the state of emergency declared in response to the COVID-19 pandemic affect the provisional period for applicants, long-term care workers, and service providers?

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding WAC
					 388-06-0530, applicants,
					 long-term care workers, and service providers who began providing care to
					 vulnerable adults between November 1, 2019, and April 30, 2022, will have until
					 August 28, 2022, to complete the fingerprint background check. Providers who
					 begin providing care on or after May 1, 2022, are subject to the rules set
					 forth in WAC
					 388-06-0525 and WAC
					 388-06-0530.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 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? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0600, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 388-06-0605 - What is a covered position? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0605, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 388-06-0610 - Who are vulnerable adults, juveniles or children? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0610, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 388-06-0615 - What is unsupervised access? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0615, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 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? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0620, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 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? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0625, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 388-06-0630 - What happens when a permanent DSHS employee is disqualified because of a background check or failure to authorize a background check? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0630, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 388-06-0635 - What are the DSHS secretary's responsibilities in carrying out the requirements to conduct background checks? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0635, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › DEPARTMENT OF SOCIAL AND HEALTH SERVICES EMPLOYEE BACKGROUND CHECKS › Section 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? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 43.43.832,
						43.20A.710, and 2007 c 387.
						09-03-003, § 388-06-0640, filed 1/8/09, effective
						2/8/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › BACKGROUND CHECK CENTRAL UNIT › Section 388-06-0710 - Who may submit a background check to the background check central unit?

Current through Register Vol. 24-14, July 15, 2024
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. 10-16-083, §
						388-06-0710, filed 7/30/10, effective
						8/30/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › BACKGROUND CHECK CENTRAL UNIT › Section 388-06-0720 - Who receives the results of a background check conducted by the background check central unit?

Current through Register Vol. 24-14, July 15, 2024
(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. 10-16-083, §
						388-06-0720, filed 7/30/10, effective
						8/30/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › BACKGROUND CHECK CENTRAL UNIT › Section 388-06-0800 - When must BCCU include a statement about a certificate of restoration of opportunity?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06 - Background checks › BACKGROUND CHECK CENTRAL UNIT › Section 388-06-0810 - Does a certificate of restoration of opportunity apply to any state abuse and neglect registry?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-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 children's administration (CA) at the department of social and
				  health services (DSHS). The department does background checks on individuals
				  who are licensed, certified, contracted, 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0100 - Why are background checks done?

Current through Register Vol. 24-14, July 15, 2024
The children's administration 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 that 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, or authorized to have unsupervised access to
				  children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0110 - 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. 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. However, a background check is not required when a caregiver
				approves the unsupervised access for a normal childhood activity that lasts
				less than seventy-two hours, as stated in
				RCW
				 74.13.710.
(c) A relative other than a parent who may be
				caring for a child.
(d) A person
				who is at least sixteen 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 sixteen
				years old in situations where it may be warranted to ensure the safety of
				children in out-of-home care. The department may require a background check for
				persons younger than sixteen years old in situations where it may be warranted
				to ensure the safety of children in out-of-home care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0130 - Does the background check process apply to new and renewal licenses, certification, contracts, and authorizations to have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
For children's administration, these regulations apply to
				  all applications for new and renewal licenses, contracts, certifications, and
				  authorizations to have unsupervised access to children that are processed by
				  the children's administration after the effective date of this
				  chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0140 - What happens if I don't 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, certification, or disqualify you to care for children if you or
				  someone on the premises of your home or facility having unsupervised access
				  does not comply with the department's requirement for a background
				  check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0150 - What does the background check cover?

Current through Register Vol. 24-14, July 15, 2024
(1) The department must review criminal
				convictions and pending 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 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0160 - Who pays for the background check?

Current through Register Vol. 24-14, July 15, 2024
(1) Children's administration (CA) pays the
				DSHS general administrative costs for background checks for foster home
				applicants, CA relative and other suitable caregivers, and CA adoptive home
				applicants.
(2) Children's
				administration pays the WSP and FBI fingerprint processing fees for foster home
				applicants, CA relative and other suitable caregivers, CA adoptive home
				applicants, and other adults associated with the home requiring background
				clearances under
				chapter
				13.34 RCW.
(3) Children's administration does not pay
				WSP and FBI fingerprint processing fees or expenses for employees, contractors,
				or volunteers associated with facilities other than foster homes, adoptive
				homes proposed by the children's administration, or relative or other suitable
				caregiver homes.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0170 - Will a criminal conviction permanently prohibit me from being licensed, contracted, certified, or authorized to have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
(1) There are
				convictions for certain crimes that will permanently prohibit you from being
				licensed, contracted, certified or authorized to have unsupervised access to
				children. Those felony convictions are as follows:
(a) Child abuse and/or neglect;
(b) Spousal abuse;
(c) A crime against a child (including child
				pornography);
(d) A crime involving
				violence (including rape, sexual assault, or homicide but not including other
				physical assault or battery); or
(e) Any federal or out-of-state conviction
				for an offense that under the laws of this state would disqualify you from
				having unsupervised access to children in any home or facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0180 - Are there other criminal convictions that will prohibit me from being licensed, contracted, certified, or authorized to have unsupervised access to children or from working with children?

Current through Register Vol. 24-14, July 15, 2024
The department must disqualify you from licensing,
				  contracting, certification, or from having unsupervised access to children if
				  it has been less than five years from a conviction for the following
				  crimes:
(1) Any felony physical
				assault or battery offense not included in WAC
				388-06A-0170;
(2) Any felony violation of the following
				drug-related crimes:
(a) The Imitation
				Controlled Substances Act (for substances that are falsely represented as
				controlled substances (see
				chapter
				69.52 RCW);
(b) The Legend Drug Act (prescription drugs,
				see chapter 69.41
				RCW);
(c) The Precursor Drug Act
				(substances used in making controlled substances, see chapter 69.43
				RCW);
(d) The Uniform Controlled
				Substances Act (illegal drugs or substances, see
				chapter
				69.50 RCW); or
(e) Unlawfully manufacturing, delivering or
				possessing a controlled substance with intent to deliver, or unlawfully using a
				building for drug purposes.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0190 - If I have a conviction, may I ever have unsupervised access to children?

Current through Register Vol. 24-14, July 15, 2024
(1) In two
				situations, DSHS may find a person with convictions able to have unsupervised
				access to children:
(a) If the conviction for
				any crime listed in WAC
				388-06A-0180 occurred more than
				five years ago; or
(b) If the
				conviction was for a crime other than those listed in WAC
				388-06A-0170 or
				388-06A-0180.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0200 - Will I be disqualified if there are pending criminal charges on my background check?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will not license, contract, certify, or authorize a person to have unsupervised
				access to children who have a criminal charge pending for a disqualifying crime
				described in the adoption and safe families act of 1997, or a criminal charge
				pending for a disqualifying crime that relates directly to child safety,
				permanence, or well-being.
(2) You
				may reapply for a license, contract, certification, or approval to have
				unsupervised access to children by providing proof to the department that the
				charge against you has been dropped or that you were acquitted.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06A - Background check requirements for children's administration › Section 388-06A-0210 - Will you license, contract or authorize me to have unsupervised access to children if my conviction has been expunged, vacated from my record, or I have been pardoned for a crime?

Current through Register Vol. 24-14, July 15, 2024
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, or
				  authorization for unsupervised access to children.