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providers

B.  In-home / Relative Providers

Revised: July 18, 2008

Effective December 1, 2005

WAC 170-290-0130  What in-home / relative providers can I choose under the WCCC program?

  1. To be eligible as an in-home / relative provider the person must:

    1. Be an adult who is a U.S. citizen or legally residing in the United States;

    2. Meet the requirements in WAC 170-290-0135; and

    3. Be one of the following adults providing care in the home of either the child or the adult :

      1. A sibling living outside the child's home;

      2. An extended tribal family member according to chapter 74.15 RCW; or

      3. A grandparent, aunt, uncle, or great-grandparent, great-aunt or great-uncle.

  2. An adult not listed in (1)(c)(i), (ii), or (iii) of this section must:

    1. Meet the requirements in subsection (1)(a) and (b) of this section; and

    2. Provide care in the child's own home.

  3. If you use an in-home/relative provider you can:

    1. Have no more than two in home/relative providers authorized for payment during your eligibility period at the same time (not including back up providers);

    2. Have one back up provider (licensed or an in home/relative provider);

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. For individuals listed in WAC 170-290-0130(1)(c) a “step” relative also qualifies as a relative provider as long as the relationship is not severed due to divorce.

  2. WAC 170-290-0130 (1) and (2) outline the rules of where the in-home / relative provider must provide the care.

These rules do not restrict the provider from providing "activities for the children that are consistent with their developmental stages" (WAC 170-290-0135 (5)(e)(ii)) outside of the home such as taking children to:

  • Museums, the park, bowling, the movies, play groups, etc.

  • Medical or therapeutic appointments.

EXAMPLE 1

Mark is an unrelated in-home provider for Bill's son, Jordan. Mark takes Jordan to the park each day, and then takes Jordan to his house to wait for Bill to pick up Jordan. Mark is eligible for WCCC payment while he provides care in Bill's home and at the park. He is not eligible for WCCC payment when he takes Jordan to his home, as it is not the child's home and he is not related to the child.

EXAMPLE 2

Mary applies to be the in-home/relative provider for her sisters Peggy and Stacy for the same hours. All three sisters live in different homes. Mary wants WCCC payment for both families while she takes Peggy's children to Stacey's house to provide care. As the eligible relative, Mary can provide care in her own home for both families. However, WCCC will not pay for her to take Peggy's children to Stacey's house or Stacey's children to Peggy's house.

  1. A consumer can have up to two primary in-home/relative providers at one time with open authorizations during their eligibility period. They can also have one back-up provider; either a licensed or an in-home/relative provider. Consumers can change providers during their eligibility period to a new provider who meets the requirements in WAC 170-290-0125.

EXAMPLE

John wants to use three in-home/relative providers for his two children. He requests one provider for both children for 2 hours before school. This provider is only available in the morning. He requests two different providers after school to care for one child each for 2 hours. All three providers meet the requirements in WAC 170-290-0125. John must choose two primary providers with care opened for 2 hours per day, 5 days per week. You can authorize the third provider as a back-up provider for fewer hours when one of the other providers is not available.

Effective December 1, 2005

WAC 170-290-0135  When I choose an in-home / relative provider, what information must I give to the department?

When you choose in-home/relative child care, you must complete certain forms and give us the following:

  1. The in-home/relative child care provider's legal name, address and telephone number;

  2. A copy of the provider's valid Social Security card;

  3. A copy of the provider's photo identification;

  4. A completed background check authorization; and

  5. A form supplied by us, completed and signed by you and the provider in which both of you attest to the following:

    1. The provider is:

      1. Of suitable character and competence;

      2. Of sufficient physical and mental health to meet the needs of the children in care. If we request it, you must provide written evidence that the in-home child care provider of your choice is of sufficient physical and mental health to be a safe child care provider;

      3. Able to work with the children without using corporal punishment or psychological abuse;

      4. Able to accept and follow instructions;

      5. Able to maintain personal cleanliness;

      6. Prompt and regular in job attendance

      7. Informed about basic health practices, prevention and control of infectious disease, immunizations; and

      8. Able to provide constant care, supervision and activities based on the child’s developmental needs.

    2. The children are current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

    3. The home where care is provided is safe for the care of the children.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

clarifying information

  1. Minor consumers who are on a TANF grant with their relative can use that adult as their in-home/relative provider. The provider must meet requirements in WAC 170-290-0130 and WAC 170-290-0135.

  2. WAC 170-290-0135 states the provider must give the department photo identification. Photo identification can include items such as a driver's license, Washington State ID, or passport.

  3. The provider must give the department a valid address, as we send important tax documents to the provider yearly. Let the provider know this is the reason you need the address.

    The reported address (given on the provider form) is sufficient. However, if there is reason to suspect the current address is not correct, request verification.

    Verification can include items such as:

    • Landlord forms or shared living statements (can be used but can not be required), or

    • A dated piece of mail the provider recently received at the reported address.

  4. WAC 170-290-0135(2) states an in-home / relative provider must submit "A …valid Social Security card...":

    1. Valid means the SSN:

      1. Really belongs to that person;

      2. Card and number are not fake and / or tampered with; and

      3. Can be used for employment.

    2. If we have verifiable information indicating the card and/or number are not valid, the provider has not met the WAC requirement and we can not approve them as an in-home/relative provider. For example: A provider submits a card that indicates you need additional verification from the United States Citizenship and Immigration Services (USCIS) in order for the provider to use the SSN for employment. The provider must submit the verification from the USCIS in order for you to consider the SSN valid.

Please Note: If a social security card states "Valid for work only with USCIS verification" the individual must obtain a separate Employment Authorization Document (EAD) in order to engage in employment. However, if the individual has a Green Card, they have a right to work without further documentation.

  1. The in-home / relative pending letter (14-417A) has information for the consumer about using in-home/relative care (16-181).

  2. Additional printed resources for parents include:

  • DSHS 22-649 Winning Ways to Talk with Young Children

  • DSHS 22-114 A Family's Guide to Early Intervention Services in Washington State

  • DSHS 22-299 Brain Research Findings and Suggested Actions

  • DSHS 22-300 Rethinking the Brain - New Insights into Early Development for parents, caregivers and policy makers

  • DSHS 22-302 Babies are Born Learning - Make Every Moment Count

  • DSHS 22-486 Include Me: Guide to Inclusive Child Care, Child care for children and youth with special needs.

Effective December 1, 2005

WAC 170-290-0138 What responsibilities does my eligible in home/relative provider have?

Your in home/relative provider must:

  1. Report within ten days changes in their legal name, address or telephone number;

  2. Report within twenty-four hours pending charges or convictions they have;

  3. Report within twenty-four hours pending charges or convictions for anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home;

  4. Bill WCCC only for care he/she provided;

  5. Not bill WCCC for more than six children at one time for the same hours of care; and

  6. Keep correct attendance records. Records must:

    1. Show both days and times the care was provided;

    2. Be kept for five years; and

    3. Be given to us, within fourteen consecutive calendar days, if we ask for them.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. A provider may want to care for more than 6 children at the same time, but WCCC will only pay for 6. If one family has more than 6 eligible children, you can submit an ETR to DEL Central Office.

  2. Some providers may not be able to care for all the families due to issues such as schedule conflicts, the location of care, or the number of children they are requesting payment for. You should contact the families and provider to resolve for whom, when and where the provider does care.

EXAMPLE

Lisa is the relative provider for Becky and Holly. Becky and Holly both have 4 children. Lisa wants to care for all 8 children during the same time of the day. WCCC will pay Lisa for a maximum of 6 children. Lisa and the parents can decide which 6 children she is available to care for by completing Section 2 of Part 2: Provider Information (DSHS 14-417) If Lisa chooses to care for all 8 children, WCCC will still only pay for 6. Payment for the other 2 children is between Lisa and the parents.

  1. For who is responsible for an overpayment, refer to the WAC 170-290-0274.

WORKER RESPONSIBILITIES

Review each family's needs carefully when the in-home/relative provider is caring for more than one family's children. When authorizing correct care to a provider caring for multiple families you must review at least, the:

  1. Relationship to the provider;

  2. Location of care;

  3. Schedules; and

  4. Number of children authorized for WCCC payment.

NOTE:

To search for families a provider is caring for, access the "clients served by a provider" in WCAP under the Reports/Forms menu selection, or from the PV0 screen in SSPS WebConnect.

Background Checks of In-home / Relative Providers

Effective December 1, 2005
WAC 170-290-0140  When is my in-home/relative provider not eligible for WCCC payment?

We do not pay for the cost of in-home / relative care if:

  1. Your provider does not meet the requirements in WAC 170-290-0130,  170-290-0135 or 170-290-0138;

  2. Your in home/relative provider has been convicted of, or has charges pending for crimes posted on the DSHS secretary's crime and action list for background checks for ESA. You can find the complete list at http://www1.dshs.wa.gov/esa/dccel/policy.shtm;

  3. We do not have background check results according to WAC 170-290-0143;

  4. The provider is:

    1. The child's biological, adoptive or step parent;

    2. The child's nonneedy or needy relative or relative's spouse or live in-partner;

    3. The child's legal guardian or the guardian's spouse or live in-partner; or

    4. Another adult acting in loco parentis or that adult's spouse or live in-partner.

  5. We do not have the results of all applicable criminal background checks under WAC 170-290-0143(1) and 170-290-0150. An in home/relative provider is not an eligible provider (per WAC 170-290-0095 and 170-290-0100) prior to receiving these background results. Providers other than in home/relative providers you can use are described in WAC 170-290-0125; or

  6. We determine your provider is not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care, or the household may be at risk of harm by this provider, as indicated by information other than conviction information.  We will use criteria, such as the following, when reviewing information about incidents/issues/reports/findings:

    1. Recency;

    2. Seriousness;

    3. Type;

    4. Frequency; and

    5. Relationship to the direct care of a child including health, mental health, learning, and safety.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. The consumer and provider are not eligible for any child care payments to that provider before the date the department receives background check results for the provider and people living with the provider who are age 16 or older. The "received date" is the date DSHS receives the information from the Washington State Patrol. That date is printed on the results letter or listed in the background inquiry data base.

  2. If you return the CBI to the consumer to be completed correctly, do not backdate the payment begin date.

  3. "Partner" refers to someone who is living as a couple with the relative, legal guardian, or in loco parentis consumer and acts as the other parental role model. You do not need to research the personal relationship of the partner to the consumer.

  4. By signing the DSHS 14-417 WCCC Application, Part 2, Section 7, the consumer attests the in-home / relative provider meets the criteria under WAC 170-290-0135 when you authorize child care.

    An individual provider on ADATSA (Alcohol and Drug Addiction Treatment and Support Act) when they apply to be an in-home/relative provider for WCCC does not meet suitability requirements and you can not approve them as an in-home / relative child care provider. You may not give details to the consumer regarding the denial. The most you can disclose is the provider did not pass the character and suitability review. You can offer to discuss it with the provider. Use WAC 170-290-0135 and WAC 170-290-0140 for denial.

  5. An individual provider receiving General Assistance (GAU/X) or Supplemental Security Income (SSI/DI) must be evaluated for suitability to provide care before you authorize WCCC. Receipt of SSI/DI means a reliable source has validated the disability. We need to determine if the provider is likely to be able to fulfill the duties as outlined in Part II of the application. The provider does not need to disclose the disability but it may be important to know if the disability would impair the provider from doing tasks such as:

    1. Picking up or holding a child

    2. Using a phone to call in an emergency

    3. Identifying when a situation would be considered an emergency

    4. Driving (if transporting the child--Is there a valid driver's license)

    5. Staying awake while the child is in need of supervision

    6. Identifying when a situation needs adult supervision

    7. Disciplining a child appropriately when needed

    See WORKER RESPONSIBILITIES below for determining if a person who is receiving GAU/X or SSI/DI is of suitable physical and/or mental health to meet the needs of the child in care.

  6. If you determine you need a letter of recommendation, ask for one from someone who knows the provider. Be very specific about what the provider's duties would be while watching the children so the person writing the letter can speak to those duties. Please note you may not give the details to the consumer regarding this denial. The most you can disclose is the provider did not pass the character and suitability review. You can offer to discuss it with the provider. Use WAC 170-290-0135 and WAC 170-290-0140 for denial.

  7. The DSHS 09-891A, "Important Notice to Parents Using Child Care," prints automatically along with the DSHS 09-653, Background Authorization, from the WCAP. The notice gives the consumer guidance when reading the criminal history record and how the history relates to character and suitability of the provider. You can search for the form here.

WORKER RESPONSIBILITIES

  1. Follow this process for determining if a person who is receiving General Assistance (GAU/X) Supplemental Security Income (SSI/DI) is of suitable physical and/or mental health to meet the needs of the child in care.

    1. Require the provider to submit a letter of recommendation from someone who knows the provider. The letter must specifically describe how the provider is able fulfilling the duties as outlined in Part II of the application, including picking up or holding a child, using a phone to call in an emergency, identifying when a situation would be considered an emergency, driving, staying awake while the child is in need of supervision, identifying when a situation needs adult supervision, and disciplining a child appropriately when needed.. When communicating this to the provider, be very specific about what the provider's duties would be while watching the children so the person writing the letter can speak to those duties.

    2. When the letter is received, refer the case to a Social Worker. The Social Worker reviews the information on file and the letter of recommendation to determine if there is an indication that that the person would have difficulty If objective medical or mental health evaluations are present and there are no concerns about the person's ability to perform these tasks, approve the provider.

    3. Deny the provider if the Social Worker indicates concerns after reviewing the letter and information on file, or if the Social Worker determines that the letter is inconsistent with the information on file (previous assessments, medical or mental health evaluations, intake notes, etc.), or if the letter itself indicates that the person would have difficulty with one or more of the specified tasks. Please note you may not give the details to the consumer regarding this denial. The most you can disclose is the provider did not pass the suitability review. You can offer to discuss it with the provider. Use WAC 170-290-0135 and WAC 170-290-0140 for denial.

  2. In order to assist in the background check process:

    1. Explain to the consumer the process and time involved in doing a background check. Remind the consumer they can use a licensed provider while waiting for approval of the in-home/relative provider;

    2. When care is done in the relative's home, ask the consumer if there is anyone age 16 or older living with the relative provider. This allows the worker to send the correct number of Background Authorization forms;

    3. If the applicant on the Background Authorization is 16 or 17 years old, the minor's parent or guardian must sign the form.

    4. Screen the Background Authorization form for completeness and legibility before processing it. The Background Authorization form is a legal document, signed under penalty of perjury; no one except the person whose signature is on the bottom of the form may add or delete information.

    5. Do not deny the case if the background check process takes more than 30 days.

  3. When payment is open to a provider and there is no current background results (current meaning within the last 2 years) for either the provider or people over the age of 16 who live with the provider and care is done in the provider’s home:

    1. Give the consumer ten days notice of payment termination;

    2. Send them a new background authorization form (and Part II if needed); and

    3. Document the action taken in the consumer’s case notes.

  4. Be sure you receive a DSHS 09-653 Background Authorization form from people required to have a background check under WAC 170-290-0143.

  5. Do not fill in missing information for the applicant if the background authorization form is incomplete or illegible in any way. The form becomes invalid if anyone other than the applicant fills in the applicant's information.

  6. To process a rejection letter for an incomplete or illegible form:

    1. Use the Rejection Letter (DSHS 10-385) in WCAP. Fill in the appropriate check box indicating which item is causing the rejection.

    2. Locally print the form and attach a copy of the Background Authorization Form (DSHS 09-653) submitted by the applicant.

    3. Send both forms to the consumer so the provider can make the corrections.

    4. Process the form once it is complete and correct.

  7. Do not disclose any non-conviction information about the provider to the consumer unless the provider has signed the DSHS 17-063 or another signed release of information.

Effective May 28, 2004

WAC 170-290-0143  Who must have a background check for the WCCC program and how often is the check done?

  1. A background check must be completed for:

    1. All in-home/relative providers who apply to care for a WCCC consumer's child; and

    2. Any individual sixteen years of age or older who is residing with a provider when care occurs outside of the child's home.

  2. A background check must be completed for individuals listed in subsection (1)(a) and (b) of this section at least every two years;

  3. Additional background checks must be completed for individuals listed in subsection (1)(a) and (b) of this section when:

    1. Any individual sixteen years of age or older is newly residing with a provider when care occurs outside of the child's home;

    2. We have a valid reason to do a check more frequently;

    3. An in-home/relative provider applies to provide care for a family such as when:

      1. A break in service occurs to the current consumer;

      2. There is a break in consumer eligibility; or

      3. A provider is currently providing care and there are no prior background results for this provider.

  4. We do not need to request a new background check for an individual in subsection (1)(a) or (b) if:

    1. We have results that were received no more than ninety days prior to the current requested start date of care; and

    2. The results indicate that there is no record.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

EXAMPLE

Peter is the in-home/relative provider for Megan's children. Peter's background check returned with a 'No Record' result six months ago. Megan did not respond to her reapplication on time and has a break in her child care eligibility of three weeks. Even though Megan's gap is under 90 days, Peter's background check is over 90 days old. If Megan wants to use Peter again as her provider, he must complete a new background check form.

If a provider is doing care for the same family or a new family, do not process a new background authorization if the background result meets requirements in WAC 170-290-0143 (4).

EXAMPLE

Polly is the in-home/relative provider for Chris' children. On May 15th, the background check returned with a 'No Record' result. Another consumer, Becky, wants Polly to be her in-home/relative provider in the evenings. Polly applies to be a provider for Becky's children on July 1st and tells you she is also a provider for Chris and just completed a background authorization. You check the Background Inquiry database or Chris' electronic case record for the background results and confirm the check is less than 90 days old, and is a 'No Record;. You can approve Polly as a provider for Becky's case without completing a new background check. Document in Becky's case you used the "No Record" results processed for Polly's case.

Effective May 28, 2004

WAC 170-290-0145  Why is a background check required and will I be notified of the results?

  1. We require the background check to:

    1. Help safeguard the health, safety, and well-being of children;

    2. Reduce the possible risk of harm from persons who have been convicted or have charges pending of certain crimes having access to WCCC children; and

    3. Help you make informed decisions about individuals who have access to your children.

  2. We notify you, the WCCC consumer:

    1. Whether we can approve the provider for the WCCC program; and

    2. Of the following results from the background check:

      1. No background information is found given current sources of information;

      2. Background information is found, but the information will not disqualify the individual being checked; or

      3. Background information is found that disqualifies the individual being checked.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective May 28, 2004

WAC 170-290-0150  What information does the background check contain and where does it come from?

  1. The background information includes, at a minimum, criminal convictions and pending charges.

  2. Additional sources may include:

    1. Child/adult protective service case information; and

    2. Civil judgments, determinations, or disciplinary board final decisions of abuse or neglect.

  3. We obtain background information at a minimum, from the Washington state patrol under chapter 10.97 RCW via the background check central unit (BCCU).

  4. Additional sources of the background information may be obtained from:

    1. Child/adult protective service case files;

    2. Other states and federally recognized Indian tribes;

    3. The department of corrections and the courts;

    4. Law enforcement records of convictions and pending charges in other states or locations if:

      1. The individual being checked has lived in another state; and

      2. Reports from credible community sources indicate a need to investigate another state's records

    5. The individual being checked self-discloses information.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective December 1, 2005

WAC 170-290-0155  What happens after the WCCC program receives the background information?

After we receive the background information we:

  1. Compare the background information with convictions posted on the DSHS secretary's list of disqualifying convictions for economic services administration (ESA). You can find the complete list http://www1.dshs.wa.gov/esa/dccel/policy.shtm;

  2. Review the background information using the following rules:

    1. We give the same weight to a pending charge for a crime as a conviction;

    2. If the conviction has been renamed we give the same weight as the previous named conviction. For example, larceny is now called theft;

    3. We give convictions whose titles are preceded with the word "attempted" the same weight as those titles without the word "attempted"; and

    4. We do not consider the crime a conviction for the purposes of WCCC when:

      1. It has been pardoned: or

      2. A court of law acts to expunge, dismiss, or vacate the conviction record.

  3. Notify you whether or not we are able to approve the provider for WCCC.

  4. Allow you, the consumer, to decide character and suitability of the provider when an individual is not automatically disqualified due to the background information from the record of arrests and prosecutions (RAP) sheet.

  5. Deny or stop payment when the background information disqualifies the individual being checked.

  6. Assist you in finding other child care arrangements.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective May 28, 2004

WAC 170-290-0160  What convictions would cause the WCCC program to permanently disqualify my in-home/relative provider?

  1. If your provider or an individual listed in WAC 170-290-0143(1) has a background containing a permanently disqualifying conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, we permanently disqualify the person as an in-home/relative child care provider for WCCC. You can find the complete list at http://www1.dshs.wa.gov/esa/dccel/..

  2. If the conditions in WAC 170-290-0167(1)(a) and (b) are met, the disqualifying background of an individual sixteen years of age or over living with the provider may not permanently disqualify the provider.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Effective July 1, 2002

WAC 170-290-0165  Is there other background information or convictions that will disqualify my in-home/relative provider?

  1. We can disqualify your in-home/relative provider if the individual being checked has a background containing information other than conviction information that we determine:

    1. Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or

    2. Puts the household at risk for harm.

  2. If an individual being checked has a background containing a five year disqualifying conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, your provider is disqualified as an in-home/relative child care provider for WCCC for five years after the conviction date. You can find the complete list at http://www1.dshs.wa.gov/esa/dccel/.

  3. If an individual being checked has:

    1. A conviction listed in subsection (2) of this section, and it has been more than five years; or

    2. Any conviction other than those posted on the DSHS secretary's list of disqualifying convictions for ESA we will allow you to determine the provider's character, suitability, and competence by reviewing important information such as the:

      1. Amount of time that has passed since the conviction;

      2. Seriousness of the crime that led to the conviction;

      3. Individual's age at the time of conviction;

      4. Individual's behavior since the conviction;

      5. Number and types of convictions in the individual's background; and

      6. Individual's verification, if any, of successful completion of  all court-ordered programs and restitution.

  4. If conditions in WAC 170-290-0167(1)(a) and (b) are met, the disqualifying background of an individual sixteen years of age or over living with the provider may not disqualify the provider.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

Beginning January 31, 2006, the Background Check Central Unit (BCCU) included in the background check process for WCCC in-home/relative provider applicants:

  1. Children's Administration (CA) Child Abuse/Neglect (CA/N) "founded finding" history (from January , 1999) and

  2. Department of Health (DOH) disciplinary board final decisions which affect a professional license, certification and/or registration history.

Providers with results under these two categories are automatically disqualified.

Effective July 1, 2002

WAC 170-290-0167  What happens if my in-home/relative provider, who provides care in their home, is disqualified based solely on the disqualifying background of an individual living with that provider?

  1. If we disqualify your provider based solely on the disqualifying background of an individual living with that provider, we require that:

    1. Child care occurs in the child's home away from the disqualified individual, if you wish to continue using that provider; and

    2. The parent and provider sign an agreement with us indicating that:

      1. Care occurs in the child's home; and

      2. There is no contact between the child and disqualified individual during child care hours.

  2. The parent may choose a licensed provider or submit an application for a different in-home/relative provider.

  3. If we become aware that the parent and provider are not meeting the conditions in subsection (1)(a) and (b) of this section:

    1. We terminate care without advance and adequate notice;

    2. You need to find a different provider; and

    3. You may be subject to an overpayment under WAC 170-290-0270.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Background Inquiry Results

The consumer is the primary audience for the background inquiry result's content and instructions. We receive background inquiry results via the Background Check Inquiry database in WCAP. The Background Check Inquiry database holds all results of the background checks for providers including a copy of the Record of Arrests and Prosecution (RAP) sheet. As the system is populated with data, staff can use this system to look up dates of prior checks.

Staff enter the provider/applicant data into the Background Check Inquiry database and send it directly to the BCCU (Background Check Central Unit). In most cases, you'll receive a response within 30 seconds with one of the following messages:

  1. “Provider has no record”:

    When there is no record, WCAP enters the 'No Record' result in the consumer's WCAP Notes. WCAP automatically logs and saves it in the Background Check Inquiry database. The consumer does not receive notification of these results. Authorize child care.

  2. “This CBI has been sent to BCCU. The tracking number is XXXX. You will receive a tickle when the results are available”:

    One of the following results will be issued from this search:

    1. Record (DSHS 10-384):

      This indicates the applicant has a record that may be of concern to the WCCC consumer when making a hiring decision; however, the applicant is not disqualified. The "Record" result may include information from the Washington State Patrol (WSP), Department of Corrections (DOC), out-of-state information, or other sources including the applicant's self-disclosure.

      The system logs and saves the search results in the Background Check Inquiry database. The system automatically images the result letter into the electronic case record and sends it via centralized mail to the consumer*. If the result does not come back within 30 seconds, the system generates a tickle when the results are available. The system images and sends the result letter even if you do not 'work' the tickle.

      When there is only a record result, assume the consumer wants to use the provider and process the case for payment. The consumer does not need to give the department a verbal or written statement about wanting to use the provider.

    2. Disqualification (DSHS 10-386):

      This indicates the check found disqualifying information and the provider is not eligible for payment. The 'Disqualification' result may include information from the WSP, DOC, out-of-state information, CAMIS founded findings, or other sources, including the applicant's self-disclosure.

      The system logs and saves the search results in the Background Check Inquiry database. The system automatically images the result letter and denial letter (15-247A) into the electronic case record and sends it via centralized mail to the consumer*. If the result does not come back within 30 seconds, the system generates a tickle when the results are available. The system images and sends the result letter even if you do not 'work' the tickle.

      The consumer is still eligible for care but must choose a different provider. Give the consumer time to choose a new provider. Give the consumer contact information for the Child Care Resource and Referral Agency at 1-800-446-1114. When the consumer chooses a new provider, follow regular practice for setting up either the licensed or in-home / relative provider.

    3. Thumbprint needed (DSHS 10-383):

      This indicates the system cannot perform a search on the applicant and return results without a thumbprint.

      When you receive a "Thumbprint needed" result, print both the Thumbprint Request Letter and the WSP thumbprint form from the WCAP. To print the letters:

      1. Choose the 'Client Flags' button on the Address screen

      2. Choose the 'CBI' button on the Client Flags screen

      3. Choose the line with a 'Thumbprint Req' status

      4. Choose the 'Thumbprint' button on the CBI Input screen

      5. Print the Background Authorization found in the Electronic Case Record (ECR). Be sure to print the form you submitted to the BCCU which resulted in the thumbprint request response

      The Thumbprint Request letter (DSHS 10-383) and the Washington State Patrol letter print locally. Send all letters to the consumer, including the completed Background Authorization from step 5 above. The consumer must have the applicant complete the forms according to the directions and submit them to the WSP.

      WSP processes the forms and returns the results to the BCCU. The BCCU sends the results via the Background Check Inquiry database and generates a tickle when the results are received. Process the results according to 2 (a) or (b) of this section. The system sends the final result letter even if you do not work the tickle.

      You can find information on the Thumbprint process in the CBI Quick Guide section H. The CBI Quick Guide is listed in the Links in WCAP.

When a Person Living with the Provider is Disqualified

  1. When a provider is disqualified due to the disqualifying background of a person living with the provider, the provider is disqualified from providing care where the other disqualified person lives. If a parent wants to use the disqualified provider, the parent and provider must sign an agreement (DSHS Form 7-080) with DSHS indicating:

    1. Care will occur in the child's home; and

    2. There will be no contact between the child and disqualified person during child care hours.

    2.

  2. You must have a signed copy of the parent / provider agreement (DSHS Form 7-080) in the file. Do not authorize care before you receive the completed agreement.

  3. If the parent is unwilling or unable to meet either of the two conditions in 1. above, they may choose a licensed provider or submit an application for a different in-home / relative provider.

  4. If you discover the parent and provider are not meeting conditions in 1. above, terminate care without advance and adequate notice per WAC 170-290-0120(6). The parent must find a different eligible provider to continue to receive WCCC. The parent could also be subject to an overpayment.

  5. If an individual living with the provider is disqualified, a consumer cannot file for hearing.  However, a consumer can file for hearing if their provider is disqualified based on their personal background.

  6. You must disqualify a provider [per WAC 170-290-0165(a)(b)] if:

    1. A disqualified individual is living with the provider;

    2. The disqualified individual would have access to the child.

  7. If a consumer and child move into the provider's home and you have disqualifying information about a person living in the providers home, you must disqualify the provider.

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You can email your questions or comments about the Working Connections Child Care Manual to us at: EAZMail@dshs.wa.gov
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