Washington Administrative Code

Reviews and hearings conducted under this chapter are confidential and are not open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services re…

(1) The purpose of this chapter is to establish rules for background checks conducted by the department of children, youth, and families (DCYF).(2) The department conducts background checks on subject individuals who:(a) Currently have a background clearance and are seeking to re…

The following definitions apply to this chapter:"Authorized" or "authorization" means approval by DCYF to work at a child care agency, care for children receiving early learning services from an agency, have unsupervised access to children receiving early learning services, or to…

This section applies to all subject individuals, except for in-home/relative providers.(1) Subject individuals must complete the DCYF background check application process on or before the dates described in WAC 110-06-0041, 110-06-0045, and at least once every three years thereaf…

(1) This section applies to all providers other than in-home/relative providers.(2) Early learning services providers must require a subject individual to complete the DCYF background check application:(a) Prior to the date of hire;(b) By the date a subject individual age sixteen…

(1) The department will investigate and conduct redeterminations of background clearances of subject individuals if the department receives a complaint or information that causes the department to conclude a background check clearance redetermination is necessary to verify that a…

(1) Early learning services providers must report to the department within 24 hours of learning that a subject individual associated with their services who is authorized to have unsupervised access to children, has a background that includes any conviction information, pending c…

This section applies to all subject individuals other than in-home/relative providers.(1) Subject individuals must pay for the cost of the background check process. The fees include:(a) Fingerprint process fees as defined by WSP, FBI, DSHS, and the DCYF fingerprint contractor; an…

(1) All agencies, licensees, and certified facilities must possess a copy of background check authorizations for minor subject individuals who work or reside at the licensed or certified agency. The requirements described in this subsection apply to minor subject individuals who …

(1) This section applies to license-exempt in-home/relative providers. The background check process must be completed for individuals described in (a) through (c) of this subsection before they have unsupervised access to children and at least once every three years thereafter:(a…

(1) As part of the background check process the department will conduct the background check investigation and evaluation described in this section to determine whether subject individuals must be disqualified.(2) Subject individuals must be disqualified when their background inf…

Background information that may or must disqualify subject individuals.(1) Subject individuals must be permanently disqualified if they have a background that includes a pending criminal charge or conviction information of a crime listed in WAC 110-06-0120(2).(2) If subject indiv…

(1) DCYF will send written notice to subject individuals who are disqualified by the background check.(2) If DCYF sends a notice of disqualification, subject individuals will not be authorized to:(a) Care for or have unsupervised access to children receiving early learning servic…

(1) A subject individual may request an administrative hearing to contest the department's disqualification decision under WAC 110-06-0070.(2) The early learning services provider cannot contest the department's decision on behalf of any other person, including a prospective empl…

(1) Subject individuals have a right to contest a disqualification decision under WAC 110-06-0070. Subject individuals must request a hearing within 28 days of receipt of the written disqualification decision.(2) Requests for hearings must meet the requirements of chapter 110-03 …

Administrative hearings requested to challenge background check disqualifications may not be used to adjudicate the basis for disqualification, including:(1) Pending criminal charges or criminal convictions;(2) Findings of child abuse or neglect as defined in chapter 26.44 RCW, o…

(1) Subject to the requirements contained in this chapter, the department may not reconsider whether earlier decisions to disqualify subject individuals will be vacated unless the department determines a change has occurred in the circumstances of a subject individual between the…

(1) The crimes and conduct described in this section constitute the secretary's list.(2) Subject to the requirements described in this chapter, the department must permanently disqualify subject individuals who have a pending criminal charge or conviction for any of the crimes li…

"Complaints office" or "constituent relations" means the office within the department responsible for handling complaints regarding child welfare services."Department" means the department of children, youth, and families."LD" means the licensing division, a division of DCYF resp…

The constituent relations staff assists clients, foster parents, and other affected individuals in resolving complaints and grievances regarding department policies and procedures, or the application of a policy or procedure related to the department's programs. Under RCW 74.13.0…

(1) After making a reasonable effort to resolve a complaint with a caseworker or licensor, a client, foster parent, or community member may contact the constituent relations office to request assistance.(2) The constituent relations staff will assist the complainant in reviewing …

(1) The complaint resolution process does not apply to complaints for which the complainant has the right to seek resolution through judicial review or an adjudicative proceeding under Title 13, 26, or 74 RCW.(2) The process also does not apply to contract rate setting, contested…

Participation in the complaint resolution process does not affect the right of any person to seek other remedies.[WSR 18-14-078, recodified as § 110-09-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-050, filed 3/5/01, effective…

(1) Under RCW 74.13.045, the complaint resolution process does not create substantive or procedural rights for any person.(2) Participation in the complaint resolution process does not entitle any person to an adjudicative proceeding under chapter 34.05 RCW or to superior court r…

In addition to complaint resolution, CA constituent relations staff also provide information about children's administration programs, policies, and procedures and information about other complaint resolution resources, including the office of the family and children's ombudsman.…

For the purposes of this section through WAC 110-110-0100, the term "Indian child" is defined as any unmarried and unemancipated Indian person who is under age 18 and is, as determined by the Indian child's tribe or tribes, one of the following:(1) A member of an Indian tribe; or…

The licensing of Indian foster homes and placement and supervision of Indian children within the boundaries of an Indian reservation must not in any way abridge the sovereignty of an Indian nation or tribe. Compliance with these rules and regulations does not relinquish the sover…

Documented efforts must be made to avoid separating the Indian child from the child's parents, relatives, tribe, or cultural heritage. Consequently:(1) When a family identifies Indian ancestry under the federal and state Indian child welfare acts, the DCYF caseworker has fifteen …

When an Indian child in the care and custody of the department dies, is seriously injured, abandoned or incarcerated, in addition to other appropriate notifications, the department must notify the federally recognized tribe or tribes within twenty-four hours.[WSR 18-14-078, recod…

(1) In planning adoptive or preadoptive placements for Indian children under WAC 110-110-0010, the department will follow the federal and state Indian child welfare acts with regard to placement preference.(2) An adoptive family must be considered Indian if one or both parents is…

The intent of WAC 110-110-0010 and 110-110-0020 are to ensure protection of the Indian identity of Indian children, their rights as Indian children, and the maximum utilization of available Indian resources for Indian children. To ensure the realization of this intent, informatio…

Local Indian child welfare advisory committees must be established within each region. The number and locations of the local committees must be mutually determined by the Indian tribal governments and urban Indian organizations served by that region and the DCYF regional administ…

The functions of LICWAC are to:(1) Assist DCYF staff in cooperative planning for Indian children;(2) Consult DCYF staff on behalf of Indian children, regarding the provision of the child's safety, well-being, and permanency on behalf of Indian children;(3) Assist DCYF staff in pr…

Each committee and the LICWAC staff liaison will mutually agree as to time, place and frequency and conduct of official committee meetings.[Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0090, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0090,…

The members of LICWAC must agree to abide by RCW 74.04.060 and the rules of confidentiality binding DCYF staff.[Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0100, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0100, filed 6/29/18, effective 7/…

(1) The licensing division (LD) is responsible for licensing and monitoring the care provided to children and youth placed in GCFs and verifying they meet the minimum licensing requirements in this chapter.(2) The legal basis for GCFs, which authorizes the department to license a…

The following definitions apply to this chapter:"Abuse or neglect" means the same as defined in RCW 26.44.020."Administering medication" means the direct application of a drug to the body or an individual by injection, inhalation, ingestion, or any other means."Adults" means indi…

Licensees must meet nondiscrimination requirements by:(1) Following chapter 49.60 RCW regarding nondiscrimination when providing services to children and youth in care; and(2) Supporting and engaging children and youth in care with dignity and respect regardless of actual or perc…

(1) Individuals or entities must have a license to provide care on a 24-hour basis to children or youth who are not related to them, except:(a) As outlined in RCW 74.15.020; or(b) By court order as outlined in chapter 74.15 RCW or RCW 13.34.065.(2) The department will issue licen…

(1) Licensees may apply for more than one license type for the same building. Applications must:(a) Include a plan detailing how each licensing type will be managed; and(b) Comply with the requirements for all licenses being applied for. If requirements differ, licensees must com…

Licensees that also hold federal or state contracts must comply with the:(1) Licensing requirements in this chapter; and(2) Most stringent requirements if the licensing requirements in this chapter differ from their contract requirements or any federal or state laws.[Statutory Au…

(1) To apply for a license to provide care to children and youth, applicants must:(a) Be at least 21 years old;(b) Submit the following completed documents to the department:(i) Licensing application;(ii) Background authorization forms for personnel at the GCF as outlined in chap…

(1) The department will determine the suitability of applicants and licensees after receiving:(a) Licensing applications;(b) Background authorizations for the individuals listed in WAC 110-145-2360; and(c) All documentation required in this chapter.(2) Applicants and licensees mu…

The department:(1) Must:(a) Disqualify applicants, licensees, their personnel, or subcontractors if they do not pass a background check, per chapter 110-04 WAC; and(b) Notify licensees when their personnel are disqualified from having access to children and youth in care; and(2) …

(1) The department:(a) Will issue licenses that specify the licensed capacity of children and youth licensees may have placed in their GCF;(b) Determines capacity by evaluating the following:(i) Licensees' ability to care for children and youth;(ii) Number of individuals providin…

Licensees must send their renewal application and all required background authorization forms to the LD licensor at least 90 calendar days prior to the expiration of the current license.[Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2400, filed 11/18/25, effective …

Licensees must allow the department to:(1) Access the:(a) Licensed premises, personnel, and children and youth in care at any time; and(b) Documents related to the licensee's program when determining whether they are in compliance with:(i) Chapter 26.44 RCW;(ii) Chapter 74.15 RCW…

Licensees must:(1) Obtain a certificate of occupancy or equivalent approval, except for SRHs licensed for five or fewer children or youth;(2) Follow all local and state regulations including, but not limited to:(a) Zoning regulations;(b) Community covenants;(c) Local building cod…

Licensees must comply with the following requirements in the building and on the premises for:(1) General requirements:(a) Maintain the premises, furnishings, and equipment in a clean and sanitary condition, free of hazards, and in good repair;(b) Maintain the temperature within …

(1) Firearms are not allowed on the premises, except for law enforcement.(2) Ammunition and other weapons are not allowed on the premises, except for:(a) Law enforcement; and(b) OYSs as outlined in WAC 110-145-3400.(3) Licensees must develop and follow their policy and procedures…