February 29, 2012_AFH "Dear Provider" Letters

February 29, 2012

ADSA: AFH #2012-003
CR 103 Emergency RULE Filed on chapter 388-76 WAC

Dear Adult Family Home Provider:

The Department has filed a CR-103 Emergency Rule Filing on Chapter 388-76 Washington Administrative Code (WACs) with the Office of the Code Reviser.  These emergency rules clarify background check requirements from Initiative 1163 and comply with 2011 legislative changes to chapter 70.128 Revised Code of Washington (RCW).

Background Checks

Initiative 1163 requires national fingerprint background checks for long-term care workers hired after January 1, 2012.  The national fingerprint background checks may take as long as three weeks, and possibly longer, to be returned. 
To help deal with this delay, the Department is adopting emergency rules to allow adult family homes to hire caregivers, resident managers and entity representatives on a provisional basis pending the results of the fingerprint background check.  You can only hire these individuals provisionally if following a name and date of birth background check result that shows no disqualifying crimes or findings.  If you choose to hire an individual provisionally, they are allowed to have unsupervised access to residents pending the results of the fingerprint background check.

Chapter 70.128 RCW

The 2011 legislature passed changes to the AFH licensing statute, codified in Chapter 70.128 RCW and subsequently codified in chapter 70.128 RCW.  RCW 70.128.130(16) includes language that requires a qualified caregiver be on-site whenever a resident is at the adult family home.  Current WAC 388-76-10200 conflicts with the new law.  The Department is filing emergency rules to make AFH rules consistent with the law.  Since emergency rules are not permanent, the Department has also filed a related CR-101 to start the regular rule adoption process on these emergency rules. 

Enclosed are the CR-103 and CR-101 documents. These are also accessible on the ADSA AFH professional page at http://www.aasa.dshs.wa.gov/professional/afh.htm under the heading "AFH Rule Filings".

Thank you for your continued commitment to residents living in adult family homes.


Joyce Pashley Stockwell, Director
Residential Care Services


  • CR-103E (WSR 12-05-189)
  • CR-101 (WSR 12-05-188)