1. Background checks are required by state and federal law prior to CA/DCYF staff authorizing an individual (other than a parent) to have unsupervised access to children in the care and custody of the department. This includes gathering and assessing an individual’s background information and other information contained in CA/DCYF’s electronic system (e.g. FamLink, Management Operation Document Imaging System (MODIS), App. Ex. (AX) etc.) and hard files prior to contracting with, licensing an organization or individual or placing a child with an individual. 
Background checks are highly regulated by state and federal law and have specific requirements and processes.

2. What is a background check?
In-State Background Check
National Background Check (includes all elements of an in-state background check, plus fingerprint-based criminal history check)
For more details on background check requirements, forms, and processes; check out the policy (6800. Background Checks)(hyperlinked in title) and the Background Check Quick Reference.
There are two types of background checks:
In-State Background Check
Founded findings of child abuse or neglect (CA/N) made by CA.
Current and previous self-disclosures.
Conviction information from the WSP, Administrative Office of the Courts (AOC), Department of Corrections (DOC) and prior Federal Bureau of Investigation (FBI) results received by the department.
Negative actions issued by CA, Department of Health (DOH) and the department’s Aging and Long-Term Support Administration (ALTSA).
Sex offender registry.
Out-of-state CA/N history, when applicable.
Western Identification Network (WIN) conviction information.
National Background Check (includes all elements of an in-state background check, plus fingerprint-based criminal history check through the Washington State Patrol (WSP) and the Federal Bureau of Investigation (FBI).
Background checks are not a substitute for doing thorough assessments, home studies or meeting contracting requirements. Safety assessments, Investigative assessments (IA) or FAR Family Assessments (FARFA), Risk Assessment (SDM) and Comprehensive Family Assessments (CFE) all require gathering information from a variety of sources, home visits, observations of parent-child visits, utilization of the gathering questions, collateral contacts, review of FamLink, MODIS and App. Ex. (AX).
It may also be necessary to check other states’ histories for an individual if they have cared for children in other states and resided in Washington for less than five years.

3. Who Requires a background check?
Parents and household members prior to trial return home
ICPC request (Parent living in Washington state)
Adults who have unsupervised access to children in the department’s care and custody
Known as Sirita’s Law, parents, household members, and all potential caregivers of the child must complete a National Background Check prior to trial return home. Background information must be reviewed by the worker. The worker must assess the parent’s protective capacities. The information must be reported to the court. As result of background check and on-going assessment, the worker must provide additional services as needed to ensure the safety of the child prior to TRH. This also applies to ICPC requests regarding a parent living in Washington State.
Adults who have unsupervised access to children in the department’s care and custody must also have background checks. This includes:
Contracted Providers and their employees who have unsupervised access to a child
Placements including:
ICPC placement with a non-parent (relative, foster parent or adoption home study is being completed)
Non-emergent placements includes:
Adoption placement
CHINS when CA ordered to place
Reinstating parental rights
Respite care
VPA
Licensed Placements
Family foster homes
Individuals with unsupervised access to children
Examples:
babysitters
group care staff
individuals supervising visits
licensed agency staff
safety-plan participants
volunteers assisting with case services
Relatives with court-ordered visitation with the child

4. National Crime Information Center (NCIC-X)
Emergent Unlicensed Placement
Adults (age 18 and older)
NCIC-Purpose Code X
Followed by National background check including:
CA/N history from each state every adult, has lived in the last five years
NCIC Background Check Unit:
When a child is in need of an emergent placement, an initial criminal check can be completed through the National Crime Information Center-the federal database. This is referred to as an NCIC-purpose code X check. It must be completed:
Prior to placement with an unlicensed caregiver
Within 7 days of child’s removal (OPD) if initial placement was with licensed provider
Workers initiate this check by:
Calling the NCIC background check unit at with names and DOB of all adults (age 18 and older) living in the home. Be sure to have checked each individuals photo ID to verify their identity, name and DOB.
You must still assess the safety of the home and property prior to placement using the Household Safety Inspection for Unlicensed Placements and Adoption Home Study Updates (DSHS )

5. National Crime Information Center (NCIC-X)
Within 5 calendar days from date of placement, background check unit completed:
Background Check Authorization (DSHS )
Background Check Request/Summary (DSHS )
Send completed forms to
Fingerprints must be received by WSP within 15 calendar days of the NCIC Purpose Code X criminal background check
Just because you get the NCIC-X completed and place the child, there is still further background check information to be obtained and the home must still complete the national background check which includes fingerprints for anyone over the age of 18 living in the home. You must also determine if the emergent unlicensed placement is still in the child’s best interest.
You must notify the court and recommend removal of the child if:
Any individual, age 18 and older, living in the home fails to provide signed written consent for the background check (completion of the Background Authorization form) and/or submit fingerprints to or fingerprints are not received by the WSP within 15 calendar days from the date of the NCIC Purpose Code X background check and the emergent placement is made; or
Any individual’s background check reveals a crime or negative action relating directly to child safety, permanence or well-being
If the court orders placement and the individual did not pass the background check, you must inform the court that the individual did not pass the background check and was provided a copy of the results.

6. No Unsupervised Access To A Child
Permanent disqualifying crime;
Five year disqualifying crime and it has been less than five years from date of conviction; or
History that includes a crime or negative action that directly relates to child safety, permanence or well-being.
CA must not authorize unsupervised access to a child if the individual did not pass the background check. This includes issuing a license, approving a placement or authorizing an employee to work under a contract with CA, if an individual’s background information has a:
Permanent disqualifying crime;
Five year disqualifying crime and it has been less than five years from date of conviction; or
History that includes a crime or negative action that directly relates to child safety, permanence or well-being.

7. When isn’t a background check required?
Subjects of a CPS investigation
To transfer or close a case
Individuals approved by the out-of-home caregiver for normal childhood activities under the reasonable and prudent parenting standard.
Criminal history checks using NCIC-C are discretionary for CPS investigations.  Criminal history checks on the subject of a CPS investigation or other adults related to the investigation are completed based on the need for further information to assess child and caseworker safety. If you are not sure whether a criminal history check is advised, check with your supervisor. Famlink/MODIS/App. Ex. (AX) checks must be completed as part of gathering information to inform your assessments.
There is no legal requirement, statutory authority or policy requirement to complete a criminal background check to transfer or close a case or when the court the court returns a child to the parent or legal guardian without establishing a dependency.
When a caregiver approves someone to have unsupervised access to a child in their care for normal childhood activities less than 72 hours under the reasonable and prudent parenting standard, no background check is required.

8. Parents (Subjects) and Adults related to CPS investigations
Prior to initial visit
When any new adult related to the investigation is identified; not been previously assessed; prior to completing a safety assessment.
If you and/or your supervisor feel that there is a need for the NCIC-C criminal history check for persons who are subjects or related to the investigation you may call the NCIC Background check unit. Again the purpose of this is to assess safety for the children in the home as well as the safety of CA caseworkers.
The NCIC-C can only be requested:
prior to the initial visit
When any new adult related to the investigation is identified; not previously assessed and prior to completing a safety assessment.
Again the purpose of the NCIC-C is to assess safety for the children in the home as well as the safety of the CA caseworker.
**Reminder: information obtained through the NCIC-C cannot be documented in FamLink or shared with anyone outside the department including the court.
NCIC-C checks are done at the discretion of the worker or supervisor.
NCIC Background Check Unit:

9. Remember, no one under the age of 18 can be fingerprinted.

10. FORMS Background Check Authorization (DSHS 09-653)
Background Check Request/Summary (DSHS )
Send completed forms to
Questions? or