6800. Background Checks

Original Date:  February 1, 1998

Revised Date:  July 1, 2024

Sunset Review Date:  July 31, 2028

Approved by:  Jennifer Williams, Director of Administrative Services 

Purpose

The purpose of this policy is to provide guidance to employees about completing background checks for child welfare purposes. 

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) employees. 

Laws

RCW 13.34.138  Review hearings – Findings – Duties of parties involved-in-home placement requirements – Housing assistance

RCW 26.44.240  Out-of-home care – Emergency Placement - Criminal history record check

RCW 43.43.837  Fingerprint-based background checks-Requirements for applicants and service providers – Shared background checks – Fees – Rules to establish financial responsibility

RCW 74.13.700  Denial or delay of licensure or approval of unsupervised access to children

RCW 74.13.710  Out-of-home care – Childhood activities ­– Prudent parent standard 

RCW 74.15.030  Powers and duties of Secretary

PL105-89  Adoption and Safe Families Act of 1997

PL115-123  Family First Prevention Services Act 2018

Policy

Employees must:

  1. Complete background checks per the Guide to Background Checks. 
  2. Only authorize individuals to have unsupervised access to a child or youth after they have passed a background check, even if a court order authorizes unsupervised access. 
  3. Not authorize individuals for the purpose of the background check if they did not pass the background check. 
  4. Complete a suitability assessment when required, per the DCYF Secretary’s List of Crimes and Negative Actions.

Procedures

  1. National Crime Information Center (NCIC) Purpose Code C:
    When requesting background checks for Child Protective Services (CPS) investigations or allegations of child abuse or neglect (CAN) NCIC Purpose Code C:
    1. Requestors may call the DCYF NCIC Background Check Unit (BCU) at 1-800-998-3898 or email NCIC prior to either:
      1. Going to the home. 
      2. Completing a safety assessment.
    2. Background check specialists must:
      1. Process the NCIC Purpose Code C request per the Background Check Desk Manual.
      2. Provide the completed NCIC Purpose Code C Background Check Summary DCYF 09-154 form to the requestors.
    3. Requestors must review the background information to develop strategies for responding safely to the allegation. 
  2. NCIC Purpose Code X for Emergent Unlicensed Relatives and Suitable Person Placements
    When requesting background checks for emergent unlicensed relative or suitable person placements:
    1. Requestors must call NCIC BCU at 1-800-998-3898 or email NCIC prior to placing children or youth in the care of an unlicensed caregiver.
    2. Background check specialists must:
      1. Process NCIC Purpose Code X requests for adult household members, per the Background Check Desk Manual. 
      2. Compare the individual’s Code X background information to the DCYF Secretary’s List of Crimes and Negative Actions and within one hour from the time of the request, notify the requestor and their supervisor if the applicant is:
        1. Approved and the requestor may authorize the emergent placement.
        2. Not approved they may:
          1. Not authorize the emergent placement.
          2. Request a non-emergent background check. 
    3. Requestors with an approved NCIC Code X must:
      1. Notify NCIC BCU immediately if placement has: 
        1. Occurred:
          1. Verify placement care and authority is open in FamLink.
          2. Provide NCIC BCU the additional needed information on either:
            1. The Unlicensed Caregiver Placement Checklist DCYF 15-280 form.
            2. By responding to the approval email received from NCIC BCU.
        2. Not occurred, to close out the background check process in the required timeframe. 
      2. Complete all of the following within five calendar days of placement, for those completing the:
        1. Online Background Check Authorization form: 
          1. Instruct each individual:
            1. Age 16 and older, living on the premises to complete the online Background Check Authorization form using Google Chrome browser.
            2. Age 15 and younger, when it is determined a background check is required using the Guide to Background Checks and to complete the online Background Check Authorization form using Google Chrome browser. 
          2. Obtain their:
            1. Online confirmation code
            2. Full name
            3. Date of birth 
          3. Complete the Background Check Request/Decision DCYF 09-131 form.
          4. Send the Background Check Request/Decision DCYF 09-131 form to NCIC BCU.
        2. Hard copy Background Check Authorization DSHS 09-653 form that are individuals with Limited English Proficient (LEP) or are unable to complete the background check form online:
          1. Provide them with a Background Check Authorization DSHS 09-653 form.
          2. Review for completeness and legibility when returned.
          3. Complete the Background Check Request/Decision DCYF 09-131 form for each individual completing the hard-copy form.
          4. Send to the following forms to NCIC BCU, the completed:
            1. Background Check Authorization DSHS 09-653
            2. Background Check Request/Decision DCYF 09-131
    4. Background check specialists must:
      1. Verify requestors provided the required information from the Unlicensed Caregiver Placement Checklist DCYF 15-280 form or received a response with the required information from the approval Code X email. If placement:
        1. Occurred, background check specialist must complete the following in FamLink:
          1. Conduct a Provider or Person search.
          2. Create or edit the Provider or Person tab to reflect accurate address, phone number, email address, etc., if needed.
          3. Add persons as Members to the Provider, as needed.
          4. Document the:
            1. Conditional approval in the Background Check tab.
            2. Child Location.
            3. Tracking unpaid placement code. 
        2. Did not occur, no further action.
      2. Complete the following when the final background check result is received:
        1. Follow the Background Check Desk Manual when processing background checks.
        2. Complete the Background Check Request/Decision DCYF 09-131 form with the background check decision.
        3. Notify the following of the decision:
          1. Requestor
          2. Individual, when they have history, or they do not pass the background check.
        4. Document the decision in FamLink.
    5. Requestors must complete the following when information is received from the background check specialist:
      1. Review the decision on the completed Background Check Request/Decision DCYF 09-131 form received from the NCIC BCU.
      2. Continue authorization of the individual for the emergent placement if they passed. 
      3. Not authorize the individual for the emergent placement if they did not pass. A child or youth cannot remain in the home with an unauthorized individual. 
      4. If the individual did not pass the background check, did not submit their fingerprints, or did not complete the background check form within 15 calendar days from the submission of the NCIC Code X:
        1. Notify the court within seven days of the decision that the individual did not pass the background check and recommend the removal of the child or youth. This includes contacting the assistant attorney general (AAG) to determine when the information can be presented to the court.
        2. Inform the court it may request the background information directly from the individual.
        3. Document the recommendation for removal in a FamLink case note.
  3. Non-Emergent Background Checks
    1. When requesting background checks for adoption, Child in Need of Services (CHINS), foster care licensing, non-emergent placements, Interstate Compact on the Placement of Children (ICPC) Border Agreement with a non-parent, and reinstatement of parental rights:
      1. Requestors must follow Procedures Section 2.c.ii.A or B., prior to authorizing placement or unsupervised access:
      2. Background check specialists must:
        1. Follow the Background Check Desk Manual when processing background checks. 
        2. Complete the Background Check Request/Decision DCYF 09-131 form with the background check decision.
        3. Notify the following:
          1. All requestors of the decision to pass or not pass. If, relatives and suitable persons did not pass for the purpose of placement explain to them the connection between the individual’s history and risk to the child’s or youth’s safety. 
          2. Individual, when they pass or do not pass the background check with history and provide them information on how to request a copy of their history. 
        4. Document the decision in FamLink. 
      3. Requestors must, prior to authorizing unsupervised access to children or youth, review the decision on the completed Background Check Request/Decision DCYF 09-131 form received from the BCU and complete the following: 
        1. Only authorize individuals for the purpose of the background check if they passed the background check. 
        2. Not authorize individuals for the purpose of the background check if they did not pass. If the court places children or youth out-of-home under a shelter care order or in a dependency case and unauthorized individuals remain in the home: 
          1. Contact the AAG and notify the court within seven calendar days of the decision that an individual did not pass a background check, per the Placing with and Supporting Unlicensed Relatives and Suitable Persons policy. 
          2. Notify the court of individuals not passing a background check and recommend the children or youth move to a different out-of-home placement. 
          3. Inform the court to request the background information directly from individuals.
          4. Document recommendations to move children or youth to a different out-of-home placement in a FamLink case note.
    2. When the court orders unsupervised access to children or youth, requestors must complete the following if the individual did not complete or pass a background check: 
      1. Follow Procedures Section 2.c.ii.A or B., prior to approving unsupervised access to children or youth. 
      2. Contact the AAG and notify the court within seven calendar days of the decision that an individual did not pass a background check, per the Placing with and Supporting Unlicensed Relatives and Suitable Persons policy. 
        1. Informing the court it may request the background information directly from the individual.
        2. Documenting the recommendation and outcome of the court hearing in a FamLink case note.
    3. When the court are considering returning a child or youth to the parent or orders them to return home prior to establishing dependency, requesters must:
      1. Notify the court that DCYF does not have the authority to complete a background check on the individual for the purpose of returning a child or youth home. If a NCIC Purpose Code C has been completed, that information cannot be shared with the court or the individual.
      2. Document the outcome of the court hearing in a FamLink case note.
    4. When requesting background checks for contracts, renewals, or other unsupervised access: 
      1. Requestors must follow Procedures Section 2.c.ii.A or B., prior to authorizing unsupervised access:
      2. Background check specialists must:
        1. Follow the Background Check Desk Manual when processing background checks. 
        2. Complete the Background Check Request/Decision DCYF 09-131 form with the background check decision.
        3. Notify individuals and requestors of the decision.
        4. Document the decision in FamLink. 
      3. Requestors must, prior to authorizing unsupervised access to children or youth, review background check decisions on the completed Background Check Request/Decision DCYF 09-131 form received from the BCU and complete the following: 
        1. Only authorize individuals for the purpose of the background check if they passed the background check. 
        2. Not authorize individuals for the purpose of the background check if they did not pass. 
    5. When returning dependent children or youth to a parent or ICPC with a parent:
      1. Requestors must follow Procedures Section 2.c.ii.A or B., prior to returning dependent children or youth to a parent.
      2. Background check specialists must:
        1. Follow the Background Check Desk Manual when processing background checks. 
        2. Complete the Background Check Request/Decision DCYF 09-131 form with the background check decision.
        3. Send individuals their background information.
        4. Notify the individual and requestor of the decision.
        5. Document the decision in FamLink.
      3. Requestors must review the completed Background Check Request/Decision DCYF 09-131 form received from the BCU for each adult individual, including parents, and complete the following: 
        1. Request a copy of the background information directly from the adult individual if there is criminal or negative action history. 
        2. Determine if there are concerns that may relate directly to the children or youth’s safety, permanence, or well-being prior to their return to a parent. If there are concerns, notify the court as soon as possible prior to children or youth returning home.   
        3. For adult individuals or parents who may act as a caregiver, determine if any service is needed to increase the child or youth’s safety, permanence, or well-being. If a service is needed:
          1. Provide the service prior to children or youth returning to a parent.
          2. Notify the court as soon as possible prior to children or youth returning to a parent. 

Definitions

Emergent or Emergency Placement means limited instances when DCYF is placing children or youth in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child’s or youth’s primary caretaker, per RCW 26.44.240. 

Federal Bureau of Investigation (FBI) background check means a fingerprint-based background check, that includes a review of the following:

  • Founded findings of abuse or neglect made by DCYF or the Department of Social and Health Services (DSHS).
  • Current and previous applicant self-disclosures.
  • Conviction information from the Administrative Office of the Courts (AOC), Department of Corrections (DOC), FBI, and the Washington State Patrol (WSP) received by DCYF.
  • Negative actions issued by DCYF, Department of Health (DOH), and DSHS. 
  • Sex offender registry.
  • Out-of-state founded findings of CAN, when applicable.
  • Western Identification Network (WIN) conviction information, if available.

National Crime Information Center (NCIC) background check means a federal name-based background check and includes a Federal Bureau of Investigation (FBI) background check if the NCIC is for an emergent placement when the individual completes fingerprints that includes a review of the following:

  • Founded findings of abuse or neglect made by DCYF or Department of Social and Health Services (DSHS).
  • Current and previous applicant self-disclosures.
  • Conviction information from the Administrative Office of the Courts (AOC), Department of Corrections (DOC) or the Washington State Patrol (WSP) received by DCYF.
  • Negative actions issued by DCYF, Department of Health (DOH), and DSHS.
  • Sex offender registry.
  • Out-of-state founded findings of CAN, when applicable.
  • Western Identification Network (WIN) conviction information. 

Washington State background check means an in-state name-based background check that includes a review of the following:

  • Founded findings of child abuse and neglect (CAN) made by DCYF or the Department of Social and Health Services (DSHS).
  • Current and previous applicant self-disclosures.
  • Conviction information from the Administrative Office of the Courts (AOC), the Department of Corrections (DOC), or Washington State Patrol (WSP) received by DCYF.
  • Negative actions issued by DCYF, the Department of Health (DOH), and DSHS.
  • Sex offender registry.
  • Out-of-state founded findings of CAN, when applicable.

Forms

Background Check Authorization DSHS 09-653

Background Check Request/Decision DCYF 09-131

NCIC Purpose Code C Background Check Summary DCYF 09-154

Unlicensed Caregiver Placement Checklist DCYF 15-280

Resources

Background Check Desk Manual (located on the Background Checks Shared Drive)

DCYF Secretary’s List of Crimes and Negative Actions

Guide to Background Checks