AGING AND DISABILITY SERVICES ADMINISTRATION
June 28, 2002
AASA: AFH #2002-021
SUBJECT: CRIMINAL MISTREATMENT IN THE 3RD AND 4TH DEGREES
Dear Adult Family Home Provider:
First and second degree criminal mistreatment of children and vulnerable
adults have been crimes since 1986. In 2000, the legislature established
the crime of criminal mistreatment in the third degree. During the 2002
legislative session, Substitute House Bill 2382 created another crime, specifically,
criminal mistreatment in the fourth degree, which took effect on June 13,
2002. All four degrees of criminal mistreatment involve harm, or risk of
harm, to a child or vulnerable adult by someone who has a duty to care for
them. Under RCW 43.43.842, a conviction for first and second degree criminal
mistreatment automatically disqualifies individuals from employment in the
care of vulnerable adults because these crimes are included in the definition
of “crimes against children or other persons.”
The purpose of this letter is to explain that the employment of an individual in an adult family home who has been convicted of third or fourth degree criminal mistreatment is also prohibited and to advise you that the Department will consider convictions for these crimes when it makes adult family home licensing decisions.
An individual will be convicted of criminal mistreatment in the fourth degree, if the person is found to have been entrusted with the physical custody of a child or dependent person or have been employed to provide the basic necessities of life to a child or dependent person, and with criminal negligence, the individual creates an imminent and substantial risk of bodily injury or causes bodily injury or extreme emotional distress
The laws and regulations described below require the department to consider a conviction for criminal mistreatment in the third or fourth degree to be a crime that disqualifies an individual from employment in adult family homes.
According to RCW 74.39A.050 (8), no provider or staff shall be employed in the care of and have unsupervised access to vulnerable adults if they have been found guilty of “abuse, neglect, exploitation or abandonment of a minor or a vulnerable adult as defined in Chapter RCW 74.34.” A conviction for criminal mistreatment in the third or fourth degree will constitute either neglect or abuse.
In Washington Administrative Code 388-76-560 (12) (c), “…the
department may deny, suspend, or revoke a license if…convicted of
a felony or a crime against a person if the conviction reasonably relates
to the competency of the person to own or operate an adult family home.
“
In summary, criminal mistreatment in the third and fourth degrees are disqualifying
crimes for the purpose of employing individuals to work in adult family
homes and will be considered by the Department for licensing decisions.
Enclosed is a current list of disqualifying crimes.
On June 1, 2002, the DSHS Background Check Central Unit (BCCU) began sending
letters notifying providers of those applicants who have disqualifying crimes,
including the third and fourth degree convictions. For detailed information,
please reference AASA: AFH #2002-011, Background Inquiry Application Form
and “Disqualify” Letter Changes, or call the BCCU at
(360) 902-0299.
If you have any questions, please contact your Residential Care Services (RCS) Field Manager.
Sincerely,
Patricia K. Lashway, Director
Residential Care Services
Enclosure
cc: RCS Regional Administrators
