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, and 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.