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Home My WebLink About066 - Employees Working w Children ADMINISTRATIVE ORDER NO. 66 TO: All Departments FROM: Gary Crutchfield, City Manager DATE: December 1, 1991 SUBJECT: POLICY FOR COMPLIANCE WITH CHAPTER 43.43.834 RCW REGARDING PROSPECTIVE EMPLOYEES AND VOLUNTEERS WORKING WITH CHILDREN UNDER SIXTEEN YEARS OF AGE DEVELOPMENTALLY DISABLED PERSONS, AND VULNERABLE ADULTS, L PURPOSE: To comply with state law and to participate in the state-wide effort at prevention of the abuse and exploitation of vulnerable children and adults. II. REQUIREMENTS: 2.1 The Background Questionnaire attached to this policy as Appendix I shall be completed by all prospective employees of any City Department who are seventeen years of age and older who will or may have "unsupervised" access to children under sixteen years of age, developmentally disabled • persons, or vulnerable adults during the course of his or her employment. All prospective volunteers who have "regularly scheduled" unsupervised access with such children or adults shall also complete the questionnaire. Provided, such access for a volunteer will or may involve groups of (a) five or fewer children twelve years of age; (b) three or fewer children between the ages of twelve and sixteen years; (c) developmentally disabled persons; or (d) vulnerable adults. Appendix II attached to this Policy Statement lists the known paid and volunteer positions meeting this description in the Parks and Recreation Department. Appendix II should be updated annually by the director of Parks and Recreation. Other department heads must examine the positions within their own departments and list those positions with the Personnel Officer. Current employees and volunteers shall complete the background questionnaire upon adoption of this policy and again, every three (3) calendar years. "Unsupervised" means not in the presence of: (a) another employee or volunteer from the City; or, (b) any relative or guardian of the child or ADMINISTRATIVE ORDER NO. 66 - PAGE 1 RCW 43.43.834: MINORS, DISABLED & VULNERABLE PERSONS developmentally disabled child. "Vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself. 2.2 The Personnel Officer shall adopt procedures requiring that the Background Questionnaire (Appendix I) be completed prior to employment and prior to the offering of any position to a prospective employee or volunteer. It shall become a permanent part of the employee's or volunteer's personnel file. 2.3 No prospective employee or volunteer completing the Background Questionnaire (Appendix I) shall be hired until after a request is made to the Washington State Patrol Criminal Investigation System to disclose the prospective employees record for convictions of offenses against persons, adjudications of child abuse in a civil action, and disciplinary board final decisions. When "necessary" and with the approval of the City Manager, applicants may be employed on a conditional basis pending completion of such a background investigation. "Necessary" means extraordinary circumstances requiring the filling of a position to maintain an essential public service or department responsibility. a) The Personnel Officer shall handle the processing of the form utilized for this purpose by the Washington State Patrol (Appendix III). • b) The form shall not be utilized and the inquiry made until the prospective employee or volunteer has been notified that he/she is offered the position subject to the inquiry being made and a final determination on the offer of employment based upon the State Patrol's answer to the inquiry. 2.4 A photocopy of the State Patrol's response shall be mailed "certified, return-receipt" to the applicant immediately upon its receipt by the City. The signed receipt shall be attached to the original response. 2.5 Upon receipt of the State Patrol's response, it, together with the applicant's answers to the Background Questionnaire, shall be reviewed by the Department Head and the Personnel Officer. If the applicant answers affirmatively to any of the questions on the Background Questionnaire and/or the response from the State Patrol identifies any record of conviction, adjudications or disciplinary board final decisions, then the Personnel Officer and the Department Head shall immediately review the questionnaire and/or State Patrol response with the City Attorney. This review shall be completed within ten days of the City's receipt of the response from the State Patrol. ADMINISTRATIVE ORDER NO. 66 - PAGE 2 RCW 43 .43.834: MINORS, DISABLED & VULNERABLE PERSONS • 2.6 State law mandates that once the employment decision is made, the response received from the State Patrol shall be destroyed by the Personnel Officer if the employee is hired; only a record of the date of the request and its receipt by the City shall become a permanent part of the employee's personnel file. 2.7 In no case, shall the response from the State Patrol be used in any manner or for any reason except in the initial hiring decision and any further dissemination of the response is prohibited! • ADMINISTRATIVE ORDER NO. 66 - PAGE 3 RCW 43.43.834: MINORS, DISABLED & VULNERABLE PERSONS • EMPLOYMENT AND VOLUNTEER BACKGROUND QUESTIONNAIRE DISCLOSURE STATEMENT Pursuant to the requirements of RCW Ch. 43.43.834, we must ask you to complete the following disclosure statement. This information will be used in the initial hiring decision and remain in your personnel file if hired. 1 . Have you ever been convicted of a crime against children or other persons? (A crime against persons includes any of the following offenses: Aggravated murder; first or second degree murder, first or second degree kidnapping; first, second, or third degree assault; first, second, or third degree rape; first, second, or third degree statutory rape; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter, first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor, unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of a child abuse restraining order, child buying or selling; prostitution; or any of these . crimes as they may be renamed in the future.) Yes No If your answer is "Yes" , please describe and provide the date(s) of the conviction(s) and the sentence(s) imposed: 2. Have you ever been found in a (a) Dependency action; (b) Domestic relations proceeding, or (c) Disciplinary Board final decision to have sexually or physically assaulted • PAGE 1 OF 3 - APPENDIX I • or exploited a minor, or to have sexually abused a minor? Yes No please describe and provide the dates of the finding(s) (s) If your answer �s yes", ple p ( ) g and the penalt(yfies) imposed: 3. Have you ever been convicted of a crime relating to financial exploitation where the victim was a vulnerable adult or been found by a court in a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult? (A crime relating to financial exploitation means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be named in the • future. "Vulnerable adult" means a person sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself or a patient in a state hospital as defined in chapter 72.23 RCW.) Yes No If your answer is "yes", please describe and provide the date(s) of the conviction(s) and the sentence(s) imposed: We may request your fingerprints to obtain from the Washington State Patrol criminal identification system a report of your record of criminal convictions for offenses against person, civil adjudications of child abuse, and disciplinary board final decisions. If you are hired before that report is available, YOUR EMPLOYMENT • PAGE 2 OF 3 - APPENDIX I • WILL BE CONDITIONED UPON THE RECEIPT OF A SATISFACTORY REPORT. You will be notified of the State Patrol's response within ten days after we receive the report. We will make a copy of the report available to you upon your request. UNDER PENALTY OF PERJURY, I certify that the above information is true, correct and complete. I understand that if I am hired, I can be discharged for any misrepresentation or omission in the above statement. I also understand that if I am hired, my employment is conditioned on your receipt of a satisfactory report from the Washington State Patrol, Signature Name (Print) Date • Driver's License Number Social Security Number • PAGE 3 OF 3 - APPENDIX I WASHINGTCIN STATE PATRt3� Identification and Criminal History Section QE 02, Olympia, WA 98504 REQUEST FOR CRIMINAL HISTORY INFORMATION CHILD/ADULT ABUSE INFORMATION ACT RCW 43.43.830 through 43.43.840 (Instructions on Reverse Side) AREQUESTOR'S AGENCY/ADDRESS PURPOSE gency ❑ ESD/School District - no fee Ann. ❑ Non-Profit Busn./Org. - no fee Address ❑ Profit Business/Org. - $ 10 City State Zip - ❑ Superintendent of Public Instr. Certification - $ 10 I certify that this request is made pursuant to and for the ❑ Adoptive Parent - $ 10 purpose indicated. Fees: Make payable to Washington State Patrol by cashier's Authorized Signature Date check, money order, or commercial business account. Title NO PERSONAL/CERTIFIED CHECKS ACCEPTED OAPPLICANT OF INQUIRY licant's Name: trsl e s/Ntaiden Name: Date of Birth: Sex: Race: Social Security Number: M ay ear Drivers Lic. Number/State: / Secondary dissemination of this criminal history record information response is prohibited unless in compliance with RCW 10.97.050. IDENTIFICATION DECLARING NO EVIDENCE WASHINGTON STATE PATROL IDENTIFICATION & CRIMINAL HISTORY SECTION As of this date, the applicant named below shows no evidence WSP Use Only pursuant to RCW 43.43.830 through 43.43.840 Business/Organization Requesting Information Applicant's Signature Valid Two Years From Issue Right Thumb Print (Optional) nl s . ame Address City brate �p WSP-CRD-430 12/90 DO NOT REPRODUCE THIS FORM WSP-CRD430 12/90 DO NOT REPRODUCE INSTRUCTIONS Please type or print clearly in ink SECTION A: Please type, stamp, or clearly print the address to which our response is to be mailed, and sign . SECTION B: Check appropriate box indicating purpose of request. Child / Adult Abuse Information: Response limited to convictions of crimes against children or other persons, dependency proceedings, abuse of vulnerable adults, and DOL disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited. A business or organization violating this subsection is subject to a civil action for damages. SECTION C: For our search purposes, please provide as much information as possible. Name and date of birth are mandatory. SECTION D: Please type or clearly print Business / Organization requesting information, name and address of appli- cant of inquiry. A legible inked right thumb print is optional; however, if submitted, it will be used for positive verification . FEES: Make payable to Washington State Patrol by cashier's check, money order, or commercial business account. Personal checks will not be accepted. ADDITIONAL INFORMATION: If submitting an applicant fingerprint card, please staple to this form. 40 PLEASE MAIL ENTIRE, WASHINGTON STATE PATROL Identification Section COMPLETED FORM TO: OE02 Olympia, WA 98504-0612 FOR FURTHER INFORMATION, CONTACT THE WASHINGTON STATE PATROL AT (206) 753-7272. This upper portion sent by WSP to the AgencyRepuestor This lower portion sent by WSP to the Applicant This identification certificate is the result of a request for criminal conviction record information from the Washington State Patrol Identification and Criminal History Section on a prospective applicant by a business or organization. Pursuant to the Child / Adult Abuse Information Act, RCW 43.43.830 through 43.43.840, if the conviction record, disciplinary board final decision, or civil adjudication record shows no evidence of a crime against children or other persons, an identification declaring the showing of no evidence shall be issued to the applicant. i 1522 MEMORANDUM TO: Department a s January 3, 1992 FROM: Gary Crutchfi ager SUBJECT: Exception from inistrative Order No. 66, Administrative Order No. 66 requires full compliance with background checks for those employees or volunteers involved with youth prior to those individuals being permitted to conduct city-sponsored activities involving youth. There will be occasions when it would be impossible to fully complete the background check procedures due to unanticipated circumstances; thus, the Administrative Order permits a very limited emergency exception to the underlying requirement. In order to provide for appropriate use of the exception (and, particularly, to avoid abuse of the exception), the following policy shall apply to the Administrative Order exception: In a situation where a person is necessary for the conduct of a previously scheduled activity for which substantial commitments have already been made and no other person with proper clearances is currently on payroll or otherwise timely available for the particular position, then the Department Head may authorize use of an individual otherwise qualified to fill the position, provided: * The individual completes an AO #66 Disclosure Form and WSP Form prior to conducting the activity. * In the opinion of the Department Head, neither of the completed forms reflects a background problem. * The AO #66 forms, along with a Personnel Requisition, are all transferred to the Personnel Officer as soon as possible for appropriate processing. This memorandum should be filed with your copy of AO #66 to avoid inappropriate use of the exception authority. GC:ps •