Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0050 - Department action following completion of background inquiries

Current through Register Vol. 24-14, July 15, 2024
(1) As part of the
			 background check process the department will conduct the background check
			 investigation and evaluation described in this section to determine whether
			 subject individuals must be disqualified.
(2) Subject individuals must be disqualified
			 when their background information includes conviction information or pending
			 criminal charges described in WAC
			 110-06-0070(1) or conduct described in WAC
			 110-06-0070(4)
			 or (5).
(3) Subject to the requirements of WAC
			 110-06-0070(3) and after comparing subject individuals' background information with the
			 secretary's list to determine whether to disqualify under WAC
			 110-06-0070(1),
			 DCYF may conduct a character, suitability, and competence assessment of the
			 subject individuals.
(4) Subject to
			 the requirements of this chapter and after comparing subject individuals'
			 background information with the secretary's list to determine whether to
			 disqualify under WAC
			 110-06-0070(6),
			 the department must conduct a character, suitability, and competence assessment
			 of the subject individuals.
(5) For
			 purposes of DCYF's investigation, evaluation, and determination, the following
			 standards apply:
(a) A pending criminal
			 charge that has been filed in the appropriate court, a deferred prosecution, or
			 a deferred sentence must be given the same weight as a conviction.
(b) If the conviction or pending criminal
			 charge has been renamed it is given the same weight as the previous named
			 conviction or pending criminal charge.
(c) Convictions or pending criminal charges
			 whose titles include the word "attempted," "conspiracy," or "solicitation" are
			 given the same weight as those titles without the word "attempted,"
			 "conspiracy," or "solicitation."
(d) The term "conviction" may include
			 convictions or dispositions for crimes committed as either an adult or
			 juvenile.
(e) Convictions and
			 pending criminal charges from other states or jurisdictions will be treated the
			 same as a crime or pending criminal charge in Washington state. If the elements
			 of the crime from the foreign jurisdiction are not identical or not
			 substantially similar to its Washington equivalent, or if the foreign statute
			 is broader than the Washington definition of the particular crime, the subject
			 individuals' conduct, as evidenced by the indictment or information, will be
			 analyzed to determine whether the conduct would have violated the comparable
			 Washington statute.
(f) Crimes will
			 not be considered convictions if they have been the subject of an expungement,
			 pardon, annulment, certification of rehabilitation, vacated, or other
			 equivalent procedure based on a finding of the rehabilitation of the person
			 convicted, or the conviction has been vacated, the subject of a pardon,
			 annulment, or other equivalent procedure based on a finding of
			 innocence.
(g) If the subject
			 individuals' background information contains a CPI or CROP, DCYF must:
(i) Disqualify them if their background
			 information contains a conviction or pending criminal charge that is listed in
			 WAC
			 110-06-0120(2);
			 or
(ii) Assess their character,
			 suitability, and competence to determine whether they should be disqualified if
			 the CPI or CROP does not apply to a:
(A)
			 Pending criminal charge or conviction of a crime; or
(B) Negative action under WAC
			 110-06-0120(3) or
			 (4).
(h) A CROP does not apply to founded findings
			 of child abuse or neglect. A child abuse or neglect finding must be considered
			 by the department.
(i) A CROP and
			 CPI must be included as part of the criminal history record reports, qualifying
			 letters, assessments, or other reports.
(j) Subject individuals' background check
			 authorizations may be suspended if they are the subject of a child protective
			 services investigation. The length of the suspension may not exceed the
			 following time period:
(i) As defined in
			 RCW
			   26.44.020, the department makes an unfounded
			 determination; or
(ii) The date a
			 negative action determination is issued or the date a negative action becomes
			 final, whichever is longer.
(k) If the department suspends a subject
			 individual's background check authorization for the time period described in
			 (j)(ii) of this subsection, the department may disqualify them under the
			 requirements described in this chapter.
(l) Subject individuals who request a hearing
			 or appeals a department decision to disqualify will not be authorized to care
			 for or have unsupervised access to children receiving early learning services
			 during the time period the hearing request or appeal is pending.