The department may not issue a CPI if:

1. (1) Fewer than five years have elapsed since the date the investigative assessment was issued that resulted in the individual's last founded finding of CA/N;
2. (2) Fewer than two years have passed since the department denied the individual's request for a CPI;
3. (3) The individual has a founded finding for sexual abuse or sexual exploitation or has a founded finding for physical abuse and the conduct that was the basis for the physical abuse finding involved cutting, burning, interfering with a child's breathing, shaking a child under three, or threatening a child with a deadly weapon;

4. (4) The individual was convicted of or is the subject of a pending criminal investigation for:

   1. (a) Any felony offense involving the physical neglect of a child under chapter 9A.42 RCW;
   2. (b) Any felony offense under chapter 9A.32 or 9A.36 RCW involving a physical injury or death of a child;
   3. (c) Any felony domestic violence offense committed against a family or household member as defined in chapter 10.99 RCW;
   4. (d) A felony offense against a child under chapter 9.68A RCW; or

   5. (e) Any of the following felony offenses:

      1. (i) Defined under any law as a class A felony or an attempt to commit a class A felony;
      2. (ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;
      3. (iii) Manslaughter in the first or second degree;
      4. (iv) Indecent liberties;
      5. (v) Kidnapping in the second degree;
      6. (vi) Arson in the second degree;
      7. (vii) Extortion in the first degree;
      8. (viii) Robbery in the second degree;
      9. (ix) Drive-by shooting; and
      10. (x) Vehicular homicide; or
   6. (f) Any out-of-state, federal, or state conviction for a felony offense that is comparable to an offense listed in subsection (4) of this section; or
5. (5) The individual applying for a CPI has previously received a CPI and is the alleged perpetrator in a subsequent founded finding of CA/N.

[Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0015, filed 5/20/21, effective 6/20/21.]