AGING AND DISABILITY SERVICES ADMINISTRATION
2006 AFH "Dear Provider" Letters
September 7, 2006
ADSA: AFH #2006-009
Criminal History Background Checks
Dear Adult Family Home Provider:
There have been questions recently about criminal history background checks; in particular, those for children in adult family homes (AFH). As you know, the AFH statute and rule require background checks for persons living in the home who have unsupervised access to residents. Revised Code of Washington 70.128.130(8) and Washington Administrative Code (WAC) 388-76-685 require the AFH s to make sure that criminal history background checks are conducted on household members who may have unsupervised access to residents.
The statute and rules do not specify the age at which children in the home must have a background check. However, the department has long interpreted the law to mean anyone over eleven (11) years of age.
I hope that the following information will assist and remind you of the requirements related to criminal background checks. The adult family home must:
- Make sure that criminal history background checks are completed for all persons living in the home who are eleven (11) years old and older and who may have unsupervised access to residents.
- Make sure that the required criminal history background checks for persons living in the home are completed:
- At the time of application for an AFH license;
- Within thirty (30) days after a child’s eleventh birthday; and
- At least every two years afterward.
- Complete a criminal history background check on a child under eleven years old who may have unsupervised access to residents in the adult family home if the provider has reason to believe the child may have been convicted of a crime.
- Must comply with the provisions of WAC 388-76-685.
The statute and rule covering criminal background checks is enclosed for your convenience. Please contact your RCS Field Manager if you have further questions.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services
