Care worker background check coverage turns on Washington's qualified entity and care definitions, while Ohio's superintendent runs its criminal records check. Washington State Legislature defines "Agency" as any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services.
Key takeaways
- Age line for elderly clients: A person is "elderly" at 60 years of age or older, according to Washington State Legislature. Check this threshold when placing staff with aging adults in Washington.
- Vulnerable adult scope: For background checks under RCW 43.43.832, the term also includes adults of any age who lack the ability to care for themselves, in addition to the chapter 74.34 RCW definition, according to Washington State Legislature.
- Entity qualification: A "qualified entity" is a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, as defined by Washington State Legislature. This includes entities that license or certify others to provide such services.
- Action step: Verify whether your organization fits the qualified entity definition and confirm client ages against the 60-year line before initiating check requests.
Care worker background check: who is covered, the short answer
Recruiters should test each placement against these specific statutory definitions before requesting a background check. Coverage depends on whether the entity is a qualified entity and whether the work provided constitutes care under state law. You cannot assume coverage based on job title alone; you must verify the nature of the services and the population served.
Washington State Legislature specifies that "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. This definition is broad enough to include non-medical activities like recreation and instruction, not just clinical treatment. If your role involves supervising or providing recreation for these groups, it falls under this definition.
The agency definition includes entities that house or provide services to vulnerable adults, juveniles, or children. It also covers those providing child day care, early learning, or early childhood education services. This means a staffing firm placing workers in a home health setting or a private company running a summer camp for disabled youth may both fall within the agency definition.
Do not apply Washington's definitions to jobs in other states without checking local laws. These terms decide coverage only within the jurisdiction that enacted them. Your first step is to identify if the client site matches the qualified entity definition and if the duties match the care definition.
If you are preparing job descriptions for these roles, ensure they accurately reflect the level of supervision and interaction with the protected populations. Mislabeling duties can lead to compliance gaps during audits. For broader hiring checks, see our guide on Background report checklist: 6 checks for hiring files.
Who the Washington definitions cover and who they leave out
Coverage turns on whether your business or organization fits the "qualified entity" definition in RCW 43.43.830, which Washington State Legislature describes as a public, private, for-profit, not-for-profit, or voluntary business or organization that provides care or care placement services. This scope includes businesses that license or certify others to provide those services, meaning a placement firm can qualify if it handles care placement. If you operate such an entity, the qualified entity definition is relevant to whether a background check rule applies to your placements.
The term "care" itself is specific: it means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities (4). Your job description must align with one of these activities for the definition to hold. If your role involves only administrative support without direct supervision or instruction of these groups, it may fall outside this particular definition of care.
Finally, the "client" or "resident" is defined as a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization (6). This narrow definition ties the coverage directly to specific types of applicants receiving housing help. Check the client or resident file to see if the person matches this profile before assuming the check applies.
Age 60 and the vulnerable adult line
When you place a worker with a client, check the client's age against the definition in RCW 43.43.830: Washington State Legislature states that "elderly" means a person 60 years of age or older. This specific threshold determines if the client falls into the elderly category for your records.
The scope for background checks extends beyond just age. Under the same statute, for background checks under RCW 43.43.832, the term "vulnerable adult" also includes adults of any age who lack the ability to care for themselves, in addition to the chapter 74.34 RCW definition. If a client lacks the ability to care for themselves, the term applies whatever the client's age.
Another group covered by these definitions is individuals with disabilities. The law defines this as persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship. When you document a hire, note which of these categories applies to the client. If the client has a conservatorship or guardianship, that fact alone places them in this defined group. Keep the label simple in your file: use the exact terms from the definition so anyone reviewing the file understands the coverage basis without needing to look up the statute again.
| Term | Definition Scope | Source Publisher |
|---|---|---|
| Elderly | A person 60 years of age or older | Washington State Legislature |
| Vulnerable adult | Adults of any age who lack the ability to care for themselves, for checks under RCW 43.43.832, in addition to chapter 74.34 RCW | Washington State Legislature |
| Individuals with disabilities | Persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship | Washington State Legislature |
For background checks under RCW 43.43.832, an adult of any age who lacks the ability to care for themselves is a "vulnerable adult" (RCW 43.43.830(19)).
Illustrative example: checking one placement
Suppose a staffing firm places a worker with a client who is 60 years old. Under RCW 43.43.830(12), the client is "elderly" because the statute defines the term as a person 60 years of age or older. The firm then compares the placement with the qualified entity and care definitions above. The file for that placement records the statutory term that applies, the date of the request, and the outcome.
How Ohio runs a criminal records check
Ohio's criminal records check is conducted by the superintendent of the bureau of criminal identification and investigation, as defined in Section 109.572 of the Ohio Revised Code ( Ohio Laws and Administrative Rules). The superintendent determines whether information exists indicating that the person subject to the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States. This multi-state scope means the search covers convictions across this state, any other state, and the United States.
The results are filtered before reporting. The superintendent excludes from the findings any information the dissemination of which is prohibited by federal law. Subject to division (F) of this section, the superintendent reports the findings of the criminal records check and any information the federal bureau of investigation provides to the director of public safety. You should note that the superintendent reports these findings to the director of public safety, and that federal restrictions on data dissemination apply at the point of exclusion.
| Check Component | Statutory Requirement | Source Publisher |
|---|---|---|
| Conducting Authority | Superintendent of the bureau of criminal identification and investigation | Ohio Laws and Administrative Rules |
| Search Scope | Convictions or guilty pleas in this state, any other state, or the United States | Ohio Laws and Administrative Rules |
| Data Exclusion | Information whose dissemination is prohibited by federal law | Ohio Laws and Administrative Rules |
When an Ohio criminal records check is requested, expect the search to span multiple jurisdictions and to omit federally barred data. For how to choose a source for the request, see Criminal record requests: 5 steps to choose a source. Keep the check results and request documentation on file.
Reference table of covered terms by publisher
The following table lists the six defined terms that set coverage for care worker background checks. Each row names the term, its publisher, and the core definition phrase from RCW 43.43.830. Use this reference to verify which specific population or entity type applies to your current placement before requesting a check.
| Term | Publisher | Core Definition Phrase |
|---|---|---|
| Agency | Washington State Legislature | Any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services. |
| Care | Washington State Legislature | The provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. |
| Elderly | Washington State Legislature | A person 60 years of age or older. |
| Individuals with disabilities | Washington State Legislature | Persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship. |
| Qualified entity | Washington State Legislature | A business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. |
| Vulnerable adult | Washington State Legislature | "Vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the ability to care for themselves. |
Review each placement against these definitions to confirm whether the role falls under Washington's defined terms.
Records to keep for each care hire
Document the specific licensing status when placing staff in Delaware. A child care facility is defined as any facility required to be licensed by the Department of Education, Office of Child Care Licensing, according to Delaware Code Online. Record whether your client site meets this definition before finalizing a placement file. If the site is not licensed under that office, note that distinction clearly in the hiring record. This documentation helps you verify if the role falls under state oversight for child care settings. Keep a copy of the license verification or a written confirmation from the client regarding their licensing status.
When documenting background check decisions, ensure your process avoids discrimination based on protected characteristics. It is illegal to check the background of applicants and employees when that decision is based on a person's race, national origin, color, sex, religion, disability, genetic information, or age (40 or older), according to U.S. Equal Employment Opportunity Commission. Save the criteria used to request checks to show they were applied consistently and lawfully. Do not base a check on a protected characteristic of the worker. Record the statutory trigger, such as a client who is elderly or an individual with disabilities, along with the job-related reason, such as the nature of the care duties.
Store these documents together with the background check results. Include the date the check was requested, the specific terms that triggered the requirement, and the outcome. For all placements, include the non-discriminatory rationale for the check. This file documents how the definitions were applied to the placement. Review your storage method to ensure these records are accessible for future audits or inquiries. For a file checklist, see Recruiting records audit: 6 checks for employer files.
Next step: today, pick one open placement and check the client's age against the 60-year line in RCW 43.43.830(12).
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FAQ: care worker background checks
What is a care worker background check and who needs one?
Under Washington State Legislature and RCW 43.43.830, a qualified entity is a business or organization that provides care or care placement services, and "care" covers treatment, education, training, instruction, supervision, or recreation for children, the elderly, or individuals with disabilities. Ohio's superintendent conducts criminal records checks, which search convictions across this state, any other state, and the United States.
Who counts as a vulnerable adult for a background check in Washington?
For background checks pursuant to RCW 43.43.832, a vulnerable adult includes adults of any age who lack the ability to care for themselves, in addition to the chapter 74.34 RCW definition. Washington State Legislature specifies this expanded definition in section (19) of RCW 43.43.830.
When is a person elderly under Washington's definitions?
A person is considered elderly if they are 60 years of age or older. Washington State Legislature establishes this threshold in section (12) of RCW 43.43.830. Check the client's date of birth against this 60-year mark when placing staff.
Does a placement firm count as a qualified entity?
A placement firm can count as a qualified entity if it provides care or care placement services. Washington State Legislature defines a qualified entity in section (17) of RCW 43.43.830 as a business or organization that provides these services. The definition includes entities that license or certify others to provide care. If your firm places staff in care roles, you likely fit this definition.
Can results from an Ohio records check include information barred by federal law?
No, the superintendent must exclude from the results any information the dissemination of which is prohibited by federal law. Ohio Laws and Administrative Rules mandates this exclusion under Section 109.572. Review the check results to confirm no excluded data appears.