The adult family home license will not be granted if:
(1) The applicant has not successfully completed a department-approved adult family home administration and business planning class except as provided in WAC
388-76-10064;
(2) It has been less than twenty years since the applicant surrendered or relinquished an adult family home license after receiving notice of the department's initiation of a denial, suspension, nonrenewal or revocation of the license; or
(3) The applicant, the spouse or domestic partner of an applicant who is a sole proprietor, the spouse or domestic partner of an entity representative with an ownership interest in the business, or any partner, officer, director, managerial employee or majority owner of the applying entity:
(a) Has a history of significant noncompliance with federal or state laws or regulations in the provision of care or services to children or vulnerable adults;
(b) Has prior violations of federal or state laws or regulations relating to residential care facilities resulting in revocation, suspension, or nonrenewal of a license or contract with the department within the past ten years;
(c) Has a conviction or pending criminal charge for a crime that is automatically disqualifying under chapter
388-113 WAC; or
(d) Has one or more of the following disqualifying negative actions:
(i) A court has issued a permanent restraining order or order of protection, either active or expired, against the person that was based upon abuse, neglect, financial exploitation, or mistreatment of a child or vulnerable adult;
(ii) The person is a registered sex offender;
(iii) The person is on a registry based upon a final finding of abuse, neglect or financial exploitation of a vulnerable adult, unless the finding was made by adult protective services prior to October 2003;
(iv) A founded finding of abuse or neglect of a child was made against the person, unless the finding was made by child protective services prior to October 1, 1998;
(v) The individual was found in any dependency action to have sexually assaulted or exploited any child or to have physically abused any child;
(vi) The individual was found by a court in a domestic relations proceeding under Title
26 RCW, or under any comparable state or federal law, to have sexually abused or exploited any child or to have physically abused any child;
(vii) The individual has had a contract or license denied, terminated, revoked, or suspended due to abuse, neglect, financial exploitation, or mistreatment of a child or vulnerable adult; or
(viii) The individual has relinquished a license or terminated a contract because an agency was taking an action against the individual related to alleged abuse, neglect, financial exploitation or mistreatment of a child or vulnerable adult.
[Statutory Authority: RCW
70.128.040 and
70.128.060. WSR 20-05-016, § 388-76-10120, filed 2/6/20, effective 3/8/20. Statutory Authority: RCW
74.39A.056 and chapters
74.34,
18.20 RCW. WSR 14-14-028, § 388-76-10120, filed 6/24/14, effective 7/25/14. Statutory Authority: RCW
70.128.040. WSR 12-16-087, § 388-76-10120, filed 7/31/12, effective 8/31/12. Statutory Authority: Chapter
70.128 RCW. WSR 12-01-004, § 388-76-10120, filed 12/7/11, effective 1/7/12. Statutory Authority: RCW
70.128.040. WSR 10-03-064, § 388-76-10120, filed 1/15/10, effective 2/15/10; WSR 09-03-028, § 388-76-10120, filed 1/12/09, effective 2/12/09. Statutory Authority: RCW
70.128.040 and chapters
70.128 and
74.34 RCW. WSR 07-21-080, § 388-76-10120, filed 10/16/07, effective 1/1/08.]
