WAC 388-454-0006   The department makes background checks on adults who are acting in place of a parent without court-ordered custody.  (1) We check your background when you ask for TANF or SFA benefits for a child who:

     (a) Is not related to you; and

     (b) Lives with you but you do not have a court order that gives you legal custody of the child.

     (2) A child who is not related to you cannot receive TANF/SFA benefits while living with you until we have completed a background check and the results of the background check meet the criteria in subsection (3) through (5).

     (3) A child who is not related to you cannot receive benefits while living with you if:

     (a) You have been convicted of a crime listed in WAC 388-06-0170; or

     (b) You have been convicted of a crime listed in WAC 388-06-0180 within the last five years.

     (4) We review your background when you have been convicted of a crime listed in WAC 388-06-0180 more than five years ago to determine your character, suitability, and competence to receive benefits for a child not related to you. We consider the following factors:

     (a) The amount of time that has passed since you were convicted;

     (b) The seriousness of the crime that led to the conviction;

     (c) The number and types of convictions in your background; and

     (d) Your age at the time of the conviction.

     (5) When you have a conviction for a crime other than those listed in WAC 388-06-0170 or 388-06-0180 we review your background as described in subsection (4) above.

     (6) Expunged or sealed conviction records do not count against you.



[Statutory Authority: RCW 13.32A.080, 13.32A.082, 74.04.050, 74.08.090, 74.12.290, 74.12.450, 74.12.460. 02-01-011, § 388-454-0006, filed 12/7/01, effective 1/7/02.]