HOUSE BILL REPORT

2SSB 5063

As Amended by the House

BYSenate Committee on Ways & Means (originally sponsored by Senators Talmadge, Nelson, Newhouse, Bottiger, Moore, Vognild, Gaspard, Deccio and Rasmussen)

Revising provisions relating to information on child and adult abuse.

House Committe on Human Services

Majority Report:  Do pass with amendment.  (9)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Leonard, Moyer, Padden, H. Sommers, Sutherland, Wang and Winsley.

House Staff:Jean Wessman (786-7132)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:  Do pass with amendments by Committee on Ways & Means/Appropriations and not by Committee on Human Services.  (22)

      Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Grant, Grimm, Hine, Holland, McLean, McMullen, Nealey, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers, Sprenkle and B. Williams.

House Staff:      Sandi Gray (786-7154)

AS PASSED HOUSE APRIL 14, 1987

BACKGROUND:

Currently, organizations which provide services to children have no access to background information on prospective employees or volunteers.  It has been suggested that legislation enabling the Washington State Patrol to provide information of conviction records and court findings of abuse and neglect of children with regard to applicants seeking positions with such organizations would help solve this problem.

SUMMARY:

The Washington State Patrol is authorized to disclose, upon the request of a school district, business, organization, or state agency which regularly educates, treats, supervises or provides recreation to children or developmentally disabled persons, an applicant's (1) record of convictions of certain offenses against persons, (2) civil findings of child abuse or neglect, and (3) disciplinary board final decisions. "Applicant" is defined as any prospective employee or volunteer who will or may have unsupervised access to children or developmentally disabled persons.  For school districts and educational service districts, this only includes noncertificated educational personnel.

Law enforcement agencies and the Department of Social and Health Services may request this same information from the Washington State Patrol to aid in the investigation and prosecution of child and adult abuse cases.  The department must consider this information when considering persons for state or licensed positions directly involving the care or supervision of children or developmentally disabled persons.

Before asking the Washington State Patrol for information, the requesting organization must inform the applicant that it has the ability to check the person's criminal and civil adjudication records.  The organization must then ask the applicant to disclose, in writing and under oath, whether the applicant has any such record.  The requesting organization must disclose the results of any background check to the applicant and may not disclose these results to anyone else.

Licensed or certificated employees are subject to a background investigation at the time of initial certification.  Licensing agencies must be notified when an employee is dismissed or resigns because of a crime against persons.

Businesses and organizations are immune from civil liability for failure to request background information on a prospective employee or volunteer unless the failure to do so constitutes gross negligence.  An insurance company may not require a business or organization to request background information on any employee before issuing an insurance policy.

The Washington State Patrol shall by rule establish fees for the dissemination of these records.  No fee shall be charged to a nonprofit organization, school district, or educational service district.

The central registry for child abuse and neglect reports is deleted.

Fiscal Note:      Requested April 7, 1987.

House Committee ‑ Testified For:    (Human Services)  Senator Phil Talmadge, sponsor of original bill; Bob Fisher, Washington Education Association; Dr. Brian Talbott, Superintendent, Educational Service District 101, Spokane, Washington; Sharon Foster, Council of Youth Agencies; Peggy Mihata, State Center for Voluntary Action; Corrine Newman, Washington Association of Juvenile Court Action; Monica Benton, Washington Association of Prosecuting Attorneys; and Dr. William Backlund, Orthopedic Surgeon, Redmond, Washington.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testified Against:      (Human Services)  Jerry Sheehan, American Civil Liberties Union.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Human Services)  Background checks of persons dealing with children under 16 or developmentally disabled persons are a necessary and useful tool in combatting child abuse and neglect.  The central registry included unsubstantiated claims of abuse and neglect and the background check will include only adjudicated records.  Heretofore, most organizations had no access to background information on prospective employees or volunteers.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony Against:      (Human Services)  Persons could be incorrectly included in the criminal history records section of the state patrol due to faulty identification by the business or organization.  Screening has not proven to provide very much data on child abusers.

(Ways & Means/Appropriations)  None Presented.