AGING AND DISABILITY SERVICES ADMINISTRATION
June 28, 2002
AASA: BH #2002-015
SUBJECT: CRIMINAL MISTREATMENT IN THE 3RD AND 4TH DEGREES
Dear Boarding 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 a boarding 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 boarding 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 boarding 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.
WAC 388-78A-030 (4) states, “The department may deny, suspend, or revoke a boarding home license if…has a record of a criminal or civil conviction for…any crime or disciplinary board final decision specified in RCW 43.43.830… demonstrates cruelty, abuse, negligence, assault or indifference to the welfare and well-being of a resident.”
In summary, criminal mistreatment in the third and fourth degrees are disqualifying crimes for the purpose of employing individuals to work in boarding 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: BH #2002-009, 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
