AGING AND DISABILITY SERVICES ADMINISTRATION

2005 AFH "Dear Provider" Letters

November 18, 2005

ADSA:  AFH #2005-019
RESPONSIBILITIES REGARDING CRIMINAL BACKGROUND CHECKS

Dear Adult Family Home Provider:

The Department of Social and Health Services recently conducted an audit of criminal background check systems in adult family homes in two regions of the state.  Problems were identified in some of the homes visited.  Some of the problems identified included:

• Failure to find some background checks possibly due to misfiling or other reasons;
• Failure to do checks on children living in the home who had unsupervised access to the vulnerable adults living there; and
• Some clearances missing because they had not been done when they were due.

This letter is to remind you of the adult family home criminal background check requirements and your related responsibilities.  The requirements include a disclosure statement and background inquiry for:

• Any employee, volunteer, student or household member who has unsupervised access to residents.

Please remember that household members who have unsupervised access to residents are included.  Also remember that background checks must be kept in the home and are only good for two years then a new check has to be done.  The requirements that are enclosed may also be found on the Internet at:

RCW 70.128.130
http://www.leg.wa.gov/RCW/index.cfm?section=70.128.130&fuseaction=section

WAC 388-76-685
http://www.leg.wa.gov/WAC/index.cfm?section=388-76-685&fuseaction=section

Please take the time to review these requirements and make sure that you are following them as required by law.  Thank you for your continued commitment to the vulnerable population in Washington.

Sincerely,

Joyce Pashley Stockwell, Director
Residential Care Services

Enclosure

RCW 70.128.130
Adult family homes -- Requirements.

8. A provider will ensure that any volunteer, student, employee, or person residing within the adult family home who will have unsupervised access to any resident shall not have been convicted of a crime listed under RCW 43.43.830 or 43.43.842 . Except that a person may be conditionally employed pending the completion of a criminal conviction background inquiry.

WAC 388-76-685   Criminal history disclosure and background inquiries.

1. Before the adult family home employs, directly or by contract, a resident manager, entity representative or caregiver, or accepts as a caregiver any volunteer or student, or allows a household member unsupervised access to residents, the home shall:
   1. Require the person to complete the residential care services background inquiry form which includes:
      1. A disclosure statement; and
      2. A statement authorizing the adult family home, the department, and the Washington state patrol to conduct a background inquiry;
   2. Verbally inform the person:
      1. That he or she may request a copy of the background inquiry result; and
      2. Of the inquiry result within ten days of receipt; and
   3. Notify the appropriate licensing or certification agency of any person resigning or terminated as a result of having a conviction record.
2. The adult family home provider shall not employ any person, directly or by contract, or accept as a volunteer or student any person who may have unsupervised access to residents, or allow a household member unsupervised access to residents if the person or background inquiry discloses that the person was:
   1. Convicted of a crime against persons as defined under RCW 43.43.830;
   2. Convicted of a crime related to financial exploitation as defined under RCW 43.43.830;
   3. Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
   4. Subject to an order of protection under chapter 74.34 RCW for abuse, neglect, abandonment or financial exploitation of a vulnerable adult;
   5. Found in a final decision issued by a disciplinary board to have:
      1. Sexually or physically abused or exploited any minor or developmentally disabled person; or
      2. Abused, neglected, abandoned or financially exploited any vulnerable adult; or
   6. Found in any dependency action under RCW 13.34.050(1) to have engaged in circumstances of sexual abuse or exploited any minor or to have physically abused any minor.
3. The adult family home may choose to employ a person with a conviction of a crime only if the conviction is one of the crimes listed in RCW 43.43.842 and the required number of years has passed.
4. An adult family home may conditionally employ a person pending the result of a background inquiry, provided the home requests the inquiry within seventy-two hours of the conditional employment.
5. A background inquiry result is valid for two years from the date it is conducted, at which point a new background inquiry application must be submitted.
6. The adult family home shall establish procedures ensuring:
   1. All disclosure statements and background inquiry applications and responses and all copies are maintained in a confidential and secure manner;
   2. All background inquiry results and disclosure statements are used for employment purposes only;
   3. Background inquiry results and disclosure statements are not disclosed to any person except:
      1. The person about whom the adult family home made the disclosure or background inquiry;
      2. Authorized state and federal employees; and
      3. The Washington state patrol auditor.
7. A record of inquiry results shall be retained by the adult family home for eighteen months beyond the date of employment termination.
8. The provider shall secure and submit any additional documentation and information as requested by the department to satisfy the requirements of this section.