AGING AND DISABILITY SERVICES ADMINISTRATION

2005 CRS "Dear Provider/Administrator" Letters

November 18, 2005

ADSA:  CCRSS #2005-007
RESPONSIBILITIES REGARDING CRIMINAL BACKGROUND CHECKS

Dear Service Provider/Administrator:

The Department of Social and Health Services (DSHS) recently conducted an audit of supported living contractor criminal background check systems in two regions of the state.  Problems were identified for some of the contractors reviewed.  Some of the issues included:

• Failure to obtain the check in a timely manner;
• Failures to retain the background checks for six years; and
• Failures to renew the checks as required.

This letter is to remind you of the supported living contractor criminal background check requirements and your related responsibilities.  The requirements that are enclosed may also be found on the Internet at:

RCW 74.15.030
http://www.leg.wa.gov/RCW/index.cfm?section=74.15.030&fuseaction=section

WAC 388-101-1660
http://www.leg.wa.gov/WAC/index.cfm?section=388-101-1660&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 74.15.030  Powers and duties of secretary.  The secretary shall have the power and it shall be the secretary's duty:

3. To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

WAC 388-101-1660   Who needs background checks?

1. Service providers must obtain background checks from DSHS for all administrators, employees, volunteers and subcontractors showing that there are no disqualifying records to prevent individuals from working with clients.
2. Before administrators, employees, volunteers or subcontractors may have unsupervised access to clients, the service provider must have a background check report from DSHS. This report must indicate that the individual has no disqualifying records that prevent him or her from working with clients.
3. In certain situations, administrators, employees, volunteers, or subcontractors can only work with clients when they are directly observed by staff authorized to have unsupervised access to clients. These situations are:
   1. The service provider has not yet received a DSHS response for a background check request;
   2. DSHS has disqualified the individual based on background check information; or
   3. The individual is awaiting FBI clearance and does not have provisional clearance from their employer under WAC 388-06-0500 through 388-06-0540.
4. Background checks must be renewed at least every thirty-six months for each administrator, employee, volunteer or subcontractor of a contracted service provider.
   
5. Licensed boarding homes or licensed adult family homes must adhere to the current regulations set forth in this chapter and in the applicable licensing laws.
   
6. Service providers must follow the requirements of RCW 43.43.830 and 74.15.030.