WAC 388-76-10180   Background check--Employment--Disqualifying information.  Unless hired conditionally as specified in WAC 388-76-10175, the adult family home must not use or employ anyone, directly or by contract, who is listed in WAC 388-76-10161 if the individual has:

     (1) Any of the convictions, history, or findings, described below:

     (a) Has a history of significant noncompliance with federal or state laws or regulations in the provision of care or services to children or vulnerable adults;

     (b) Has been convicted of a crime in federal court or in any other state, and the department determines that the crime is equivalent to a crime under subsections (c), (d), (e), (f), or (g) below;

     (c) Has been convicted of a "crime against children or other persons" as defined in RCW 43.43.830, unless the crime is simple assault, assault in the fourth degree, or prostitution and more than three years has passed since conviction;

     (d) Has been convicted of "crimes relating to financial exploitation" as defined in RCW 43.43.830, unless the crime is theft in third degree and more than three years have passed since conviction, or unless the crime is forgery or theft in the second degree and more than five years has passed since conviction;

     (e) Has been convicted of:

     (i) Violation of the Imitation Controlled Substances Act (VICSA);

     (ii) Violation of the Uniform Controlled Substances Act (VUCSA);

     (iii) Violation of the Uniform Legend Drug Act (VULDA); or

     (iv) Violation of the Uniform Precursor Drug Act (VUPDA).

     (f) Has been convicted of sending or bringing into the state depictions of a minor engaged in sexually explicit conduct;

     (g) Has been convicted of criminal mistreatment;

     (h) Has been found to have abused, neglected, financially exploited, or abandoned a minor or vulnerable adult by court of law or a disciplining authority, including the department of health. Examples of legal proceedings in which such findings could be made include juvenile court proceedings under chapter 13.34 RCW, domestic relations proceeding under Title 26, RCW, and vulnerable adult protection proceedings under chapter 74.34 RCW;

     (i) Has a finding of abuse or neglect of a child that is:

     (i) Listed on the department's background check central unit (BCCU) report; or

     (ii) Disclosed by the individual, except for findings made before December, 1998.

     (j) Has a finding of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult that is:

     (i) Listed on any registry, including the department's registry;

     (ii) Listed on the department's background check central unit (BCCU) report; or

     (iii) Disclosed by the individual, except for adult protective services findings made before October, 2003.

     (2) Nothing in this section should be interpreted as requiring the employment of any person against the better judgment of the adult family home.



[Statutory Authority: RCW 70.128.040, chapter 74.39A RCW. 10-16-082, § 388-76-10180, filed 7/30/10, effective 1/1/11. Statutory Authority: RCW 70.128.040. 10-03-064, § 388-76-10180, filed 1/15/10, effective 2/15/10. Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. 07-21-080, § 388-76-10180, filed 10/16/07, effective 1/1/08.]