Washington Administrative Code

(1) Evidence includes documents, objects, and testimony offered during the hearing to help prove a party's position.(2) Evidence may include all or parts of original documents or copies of the originals.(3) If a witness cannot appear at the hearing, a statement signed by the witn…

(1) The ALJ may set a deadline before the hearing for the parties to provide proposed exhibits and names of witnesses to the ALJ and to all other parties. If the parties miss the deadline, the ALJ may refuse to admit the evidence unless the parties show:(a) They have good cause f…

(1) Although a party may offer any documents and testimony at the hearing to support the party's position, other parties may object to the evidence and may question the witnesses. For example, a party may object to the authenticity or admissibility of any exhibit or offer argumen…

(1) A stipulation is an agreement among two or more parties that certain facts or evidence are correct or authentic.(2) If an ALJ accepts a stipulation, the ALJ must enter the stipulation into the record.(3) A stipulation may be made before or during the hearing.(4) Any party bou…

(1) Exhibits are documents or other objects that a party wants the ALJ to consider as evidence. If the ALJ admits an exhibit into evidence, it will be considered by the ALJ in reaching a decision in the case.(2) The ALJ may require the parties to mark and number their proposed ex…

(1) Official notice is evidence that includes facts or standards that are generally recognized and accepted by judges, government agencies, or national associations, such as a calendar, building code, or standard of practice.(2) An ALJ may consider and admit evidence by taking of…

(1) A witness is any person who makes statements or gives testimony that becomes evidence in a hearing.(2) Witnesses may include:(a) A party: The appealing party or a DCYF representative; and(b) Anyone a party or the ALJ asks to be a witness. This can include a person who has kno…

(1) A party may require witnesses to testify or provide documents by issuing a subpoena. A subpoena is an order to appear at a certain time and place to give testimony or to provide books, documents, or other items.(2) ALJs, DCYF, and attorneys for the parties may prepare subpoen…

(1) Any person who is at least eighteen years old and not a party to the hearing may serve a subpoena.(2) Service of a subpoena is complete when the server:(a) Gives the witness a copy of the subpoena; or(b) Leaves a copy at the residence of the witness with a person at least eig…

(1) All testimony of witnesses, including parties, must be made under oath or affirmation.(2) Direct examination. All witnesses may be asked questions by the party who calls the witness to testify. Each witness:(a) May testify in person, or by telephone if approved by the ALJ;(b)…

(1) The party who has the burden of proof is the party who has the responsibility to provide evidence to persuade the ALJ that a position is correct under the standard of proof required.(2) Standard of proof refers to the amount of evidence needed to prove a party's position. Unl…

(1) Equitable estoppel is a legal doctrine defined in case law that may only be used as a defense to prevent DCYF from collecting an overpayment.(2) Equitable estoppel contains five elements, all of which must be proved by clear and convincing evidence:(a) DCYF made a statement o…

(1) The hearing record is closed:(a) At the end of the hearing if the ALJ does not allow more time to offer evidence or argument; or(b) After the deadline set by the ALJ for offering evidence or argument has passed.(2) Once the hearing record is closed, no more evidence may be ta…

(1) Except as provided in subsection (2) of this section, after the record is closed, the ALJ must write an initial order and serve the initial order in writing within ninety calendar days, unless this period is waived or extended for good cause shown.(2) The ALJ must issue an or…

(1) The administrative law judge must produce a complete official record of the proceedings.(2) The official record must include, if applicable:(a) Notice of all proceedings;(b) Any prehearing orders;(c) Any motions, pleadings, briefs, petitions, requests, and intermediate ruling…

The ALJ's initial order must:(1) Be correctly captioned, identifying DCYF, the name of the proceeding, and the docket number;(2) List the names of all parties and representatives who participated in the proceeding;(3) Contain numbered findings of fact based on the evidence in the…

(1) Except as provided in subsection (3) of this section, the ALJ issues an initial order that becomes a final order:(a) Twenty-one days after the date the initial order is mailed to the parties, when none of the parties has timely requested a review; or(b) When a request for rev…

(1) A clerical error is a mistake that does not change the result or intent of the order. Some examples of clerical errors are missing or incorrect words, numbers, or dates.(2) If a party disagrees with an ALJ's initial or final order because of a clerical error, the party may as…

(1) Any party who disagrees with or wants a change in an initial order, other than correcting a clerical error, may seek review of the initial order with the BOA as provided in WAC 110-03-0520 through 110-03-0560.(2) If more than one party requests review, each request must meet …

(1) A written petition for review must be filed so the BOA receives it on or before the twenty-first calendar day after the initial order was served on the requesting party. A party may submit the review request by facsimile transmission (fax), but only if the party also mails a …

(1) A party may request review of their initial order by filing a written request, known as a petition for review. A petitioner must follow the instructions included with their initial order when petitioning for review.(2) A petition for review should state the:(a) Specific parts…

(1) Any party may respond to a petition for review.(2) If a party responds, the response must be filed on or before the seventh business day after the date a copy of the petition for review was served on the parties.(3) The responding party must serve a copy of the response on al…

(1) After the deadlines required in WAC 110-03-0540, the record on review is closed unless, upon the motion of a party, a review judge finds good cause to keep it open or to reopen the record.(2) A review judge is assigned by the BOA to review the initial order after the record i…

(1) The review judge reviews initial orders and enters final orders. The review judge has the same decision-making authority as the ALJ. The review judge considers the entire record and decides the case de novo (anew). In reviewing the findings of fact, the review judge must give…

(1) Reconsideration is asking a judge to reexamine a final order because the party believes a mistake concerning a matter of law or fact was made.(2) To request reconsideration of a final order, a party must file a petition for reconsideration with the office of OAH or the BOA th…

(1) An ALJ or review judge must dispose of a reconsideration request within twenty calendar days from the date a petition for reconsideration is filed, unless the ALJ or review judge serves notice that additional time is required or an extension of time to file a response or repl…

(1) The department's index of significant decisions, prepared under RCW 42.56.070, contains BOA orders that include an analysis or decision of substantial importance to the department in carrying out its duties.(2) A final order may be relied upon, used or cited as precedent by a…

(1) Judicial review is the process of appealing final agency orders to a superior court.(2) Any party, except DCYF, may appeal a final order by filing a written petition for judicial review in superior court pursuant to RCW 34.05.514 that meets the requirements of RCW 34.05.546. …

This chapter establishes rules for background checks conducted by the department of children, youth, and families (DCYF) for child welfare purposes and does not apply to background checks conducted for child care or early learning purposes as they are addressed in chapter 110-06 …

The following definitions apply to this chapter:"Authorized" or "authorization" means not disqualified by the department to work in a group care facility or have unsupervised access to children. This includes persons who are certified, contracted, allowed to receive payments from…

DCYF does background checks to help safeguard the health, safety, and well-being of children in out of home care. By doing background checks, the department reduces the risk of harm to children from individuals who have been convicted of certain crimes. The department's regulatio…

(1) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department requires background checks on all providers who may have unsupervised access to children. This includes licensed, certified, or contracted providers, their current or prospective employe…

This chapter does not apply to schools, hospitals, or other facilities where the primary focus is not custodial.[WSR 18-14-078, recodified as § 110-04-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0120, filed 1/15/15, effectiv…

For DCYF, these regulations apply to all applications for new and renewal licenses, contracts, certifications, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children that are processed by DCYF after the effective date o…

The department will deny, suspend, or revoke your license, contract, or certification, or disqualify you to care for children if you or someone on the premises of your home or facility having unsupervised access, or an employee at a group care facility does not comply with the de…

(1) The department must review criminal convictions and pending criminal charges based on identifying information provided by you. The background check may include, but is not limited to, the following information sources:(a) Washington state patrol.(b) Washington courts.(c) Depa…

(1) DCYF pays the DSHS general administrative costs and WSP and FBI fingerprint processing fees for foster home applicants, DCYF relative and other suitable caregivers, DCYF adoptive home applicants, and other adults associated with the home requiring clearances under chapter 13.…

(1) DCYF must disqualify a person with pending criminal charges or convictions on the DCYF secretary's list that are:(a) Permanently disqualifying; or(b) Five-year disqualifying if less than five years have passed since the date of conviction.(2) DCYF may authorize a person with …

(1) If you receive a pardon or a court of law acts to expunge or vacate a conviction on your record, the crime will not be considered a conviction for the purposes of licensing, contracting, certification, authorization for employment at a group care facility, or authorization fo…

(1) If you have been approved by the background check:(a) The department will notify you and your prospective employer or supervisor if you have requested a contract, authorization to be employed at a group care facility, or approval for unsupervised access to children.(b) The de…

(1) If you are seeking a license or employment with a home or facility licensed by DCYF, you may appeal the department's decision by requesting an administrative hearing to dispute a denial of authorization for unsupervised access to children. You cannot contest the pending crimi…

(1) DCYF will share with employers or approved care providers only that:(a) You are disqualified; or(b) You have not been disqualified by the background check.(2) The department will follow laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW) and…

(1) The department will provide you a copy of your criminal background check results if you:(a) Make the request in writing to the department; and(b) Offer proof of identity, such as picture identification.(2) A copy of your WSP criminal background check results may also be obtai…

(1) Chapter 26.44 RCW authorizes the department to investigate allegations of child abuse or neglect (CA/N) and to determine if allegations are founded or unfounded as defined in RCW 26.44.020. Prior to the creation of the department, these determinations were made by the departm…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise."Abuse or neglect" has the same meaning as "abuse or neglect" in RCW 26.44.020."CA/N" means child abuse or neglect as defined in chapter 26.44 RCW."Certificate of parental …

(1) Requesting a CPI. The request for a CPI must contain the following information:(a) The individual's current name, mailing address, telephone number, and email address if available;(b) The individual's name at the time the founded finding or dependency finding was issued;(c) A…

The department may not issue a CPI if:(1) Fewer than five years have elapsed since the date the investigative assessment was issued that resulted in the individual's last founded finding of CA/N;(2) Fewer than two years have passed since the department denied the individual's req…

(1) The department will issue a written decision that states whether a CPI is granted or denied.(2) The written decision to grant a CPI must be sent by first-class mail to the individual's last known address and to their email address, when available.(3) If the department denies …

(1) Requesting a review. An individual whose request for a CPI is denied may request that the secretary or designee review the denial. The request for review must:(a) Be in writing;(b) Clearly state why the individual disagrees with the denial;(c) Include any relevant supporting …

(1) An individual who is denied a CPI under WAC 110-05-0025 has the right to request an administrative hearing under chapters 34.05 RCW and 110-03 WAC.(2) A request for hearing under chapter 34.05 RCW must be filed with the OAH, as defined in WAC 110-03-0020, within forty-five ca…