Z-1036               _______________________________________________

                                                   SENATE BILL NO. 4655

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Talmadge, Kreidler, DeJarnatt, Moore, McDonald, Newhouse and Bauer; by request of Department of Social and Health Services

Read first time 1/20/86 and referred to Committee on Human Services & Corrections.

AN ACT Relating to investigation of persons being considered for employment with the department of social and health services; amending RCW 26.44.070; adding a new section to chapter 43.20A RCW; and adding a new section to chapter 41.06 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 43.20A RCW to read as follows:

          The secretary shall investigate the conviction records or pending charges of persons being considered for employment with the department of social and health services in positions directly responsible for the supervision, care, or treatment of children or developmentally disabled persons.  The investigation may include an examination of state and national criminal identification data and the central registry of reported cases of child abuse or abuse of an adult dependent person under chapter 26.44 RCW.  The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these persons for employment.  Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purposes.  If necessary, persons may be employed on a conditional basis pending completion of the background investigation.

NEW SECTION. Sec. 2.  A new section is added to chapter 41.06 RCW to read as follows:

          The state personnel board shall adopt rules to accomplish the purposes of section 1 of this act.

        Sec. 3.  Section 6, chapter 35, Laws of 1969 ex. sess. as last amended by section 6, chapter 97, Laws of 1984 and RCW 26.44.070 are each amended to read as follows:

          The department shall maintain a central registry of reported cases of child abuse or abuse of an adult dependent person and shall adopt such rules and regulations as necessary in carrying out the provisions of this section.  Records in the central registry shall be considered confidential and privileged and will not be available except upon court order to any person or agency except (1) law enforcement agencies as defined in this chapter in the course of an investigation of alleged abuse or neglect; (2) protective services workers or juvenile court personnel who are investigating reported incidents of abuse or neglect; (3) department of social and health services personnel who are investigating the character and/or suitability of an agency and other persons who are applicants for licensure, registration, or certification, or applicants for employment with such an agency or persons, or under contract to or employed by an agency or persons directly responsible for the care and treatment of children, expectant mothers, or adult dependent persons pursuant to chapter 74.15 RCW; (4) department of social and health services personnel who are investigating the character, suitability, and competence of persons being considered for employment with the department in positions directly responsible for the supervision, care, or treatment of children or developmentally disabled persons pursuant to chapters 43.20A and 41.06 RCW; (5) department of social and health services personnel who are investigating the character or suitability of any persons with whom children may be placed under the interstate compact on the placement of children, chapter 26.34 RCW; (((5))) (6) physicians who are treating the child or adult dependent person or family; (((6))) (7) any child or adult dependent person named in the registry who is alleged to be abused or neglected, or his or her guardian ad litem and/or attorney; (((7))) (8) a parent, guardian, or other person legally responsible for the welfare and safety of the child or adult dependent person named in the registry; (((8))) (9) any person engaged in a bona fide research purpose, as determined by the department, according to rules and regulations, provided that information identifying the persons of the registry shall remain privileged; and (((9))) (10) any individual whose name appears on the registry shall have access to his own records. Those persons or agencies exempted by this section from the confidentiality of the records of the registry shall not further disseminate or release such information so provided to them and shall respect the confidentiality of such information, and any violation of this section shall constitute a misdemeanor.