Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-113 - Disqualifying crimes and negative actions › Section 388-113-0020 - Which criminal convictions and pending charges automatically disqualify an individual from having unsupervised access to adults or minors who are receiving services in a program under chapters 388-71, 388-101, 388-106, 388-76, 388-78A, 388-97, 388-825, 388-115, and 388-107 WAC?

Current through Register Vol. 24-14, July 15, 2024
(1) Individuals who must satisfy background
				checks requirements under chapters 388-71, 388-101, 388-106, 388-76, 388-78A,
				388-97, 388-825, 388-115, and 388-107 WAC must not work in a position that may
				involve unsupervised access to minors or vulnerable adults if the individual
				has been convicted of or has a pending charge for any of the following crimes:
(a) Abandonment of a child;
(b) Abandonment of a dependent
				person;
(c) Abuse or neglect of a
				child;
(d) Arson 1;
(e) Assault 1;
(f) Assault 2 (less than five
				years);
(g) Assault 3 (less than
				five years);
(h) Assault 4/simple
				assault (less than three years);
(i) Assault 4 domestic violence
				felony;
(j) Assault of a
				child;
(k) Burglary 1;
(l) Child buying or selling;
(m) Child molestation;
(n) Coercion (less than five
				years);
(o) Commercial sexual abuse
				of a minor/patronizing a juvenile prostitute;
(p) Communication with a minor for immoral
				purposes;
(q) Controlled substance
				homicide;
(r) Criminal
				mistreatment;
(s) Custodial
				assault;
(t) Custodial
				interference;
(u) Custodial sexual
				misconduct;
(v) Dealing in
				depictions of minor engaged in sexually explicit conduct;
(w) Drive-by shooting;
(x) Drug crimes involving one or more of the
				following:
(i) Manufacturing or possession
				with the intent to manufacture a drug;
(ii) Delivery or possession with the intent
				to deliver a drug other than marijuana;
(iii) Delivery of marijuana (less than three
				years).
(y) Endangerment
				with a controlled substance;
(z)
				Extortion 1;
(aa) Extortion 2 (less
				than five years);
(bb) Forgery
				(less than five years);
(cc)
				Homicide by abuse, watercraft, vehicular homicide (negligent
				homicide);
(dd) Identity theft
				(less than five years);
(ee)
				Incendiary devices (possess, manufacture, dispose);
(ff) Incest;
(gg) Indecent exposure/public indecency
				(felony);
(hh) Indecent
				liberties;
(ii)
				Kidnapping;
(jj) Luring;
(kk) Malicious explosion 1;
(II) Malicious explosion 2; (mm) Malicious
				harassment;
(nn) Malicious
				placement of an explosive 1;
(oo)
				Malicious placement of an explosive 2 (less than five years);
(pp) Malicious placement of imitation device
				1 (less than five years);
(qq)
				Manslaughter;
(rr)
				Murder/aggravated murder;
(ss)
				Possess depictions minor engaged in sexual conduct;
(tt) Promoting pornography;
(uu) Promoting prostitution 1;
(vv) Promoting suicide attempt (less than
				five years);
(ww) Prostitution
				(less than three years);
(xx)
				Rape;
(yy) Rape of child;
(zz) Residential burglary;
(aaa) Robbery 1;
(bbb) Robbery 2 (less than five
				years);
(ccc) Selling or
				distributing erotic material to a minor;
(ddd) Sending or bringing into the state
				depictions of a minor engaged in sexually explicit conduct;
(eee) Sexual exploitation of
				minors;
(fff) Sexual misconduct
				with a minor;
(ggg) Sexually
				violating human remains;
(hhh)
				Stalking (less than five years);
(iii) Theft 1 (less than 10 years);
(jjj) Theft from a vulnerable adult
				1;
(kkk) Theft 2 (less than five
				years);
(III) Theft from a
				vulnerable adult 2 (less than 10 years);
(mmm) Theft 3 (less than three
				years);
(nnn) Unlawful
				imprisonment;
(ooo) Unlawful use of
				building for drug purposes (less than five years);
(ppp) Use of machine gun in a
				felony;
(qqq) Vehicular
				assault;
(rrr) Violation of
				temporary restraining order or preliminary injunction involving sexual or
				physical abuse to a child;
(sss)
				Violation of a temporary or permanent vulnerable adult protection order (VAPO)
				that was based upon abandonment, abuse, financial exploitation, or neglect;
				and
(ttt) Voyeurism.