BILL REQ. #:  S-0890.1 

Read first time 02/04/13.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to background checks; amending RCW 74.13.020; reenacting and amending RCW 74.13.020; adding new sections to chapter 74.13 RCW; creating a new section; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 74.13 RCW to read as follows:
     (1) In addition to reviewing an individual's criminal background history, if any, to determine whether the individual should be granted a license or unsupervised access to children, the department must also assess an individual's character, suitability, and competence to have unsupervised access to children. In assessing an individual's character, suitability, and competence to have unsupervised access to children, the department must consider only the following factors:
     (a) The vulnerability of the children to whom the individual would have unsupervised access;
     (b) The relationship, if any, that the individual has to the child;
     (c) The proximity of the individual's residence to the child's family, school, and community;
     (d) The individual's ability to meet the physical, emotional, and mental health needs of the child;
     (e) The individual's ability to meet the racial, ethnic, cultural, and religious needs of the child;
     (f) The specific experiences or training that the individual has that has prepared him or her to provide for or support the special needs of the child, if any;
     (g) The degree to which the individual is willing to initiate and participate in medical or therapeutic treatment of the child;
     (h) The individual's ability to provide care to the child and his or her siblings, if any; and
     (i) The individual's history, if any, with child protective services in this or any other jurisdiction and with foster care or child care licensing in this or any other jurisdiction.
     (2) In determining the character, suitability, and competence of an individual, the department may not:
     (a) Deny a license or unsupervised access to an individual solely because of a criminal or negative action involving the individual or entity revealed in the background check process that is not related directly to child safety; or
     (b) Delay the issuance of a license or approval of unsupervised access to children if information relating to a crime or negative action is not related directly to child safety or by requiring the individual to obtain records relating to a criminal or negative action revealed in the background check process that is not related directly to child safety and is not a permanent disqualifier pursuant to department rule.
     (3) If the department determines that an individual does not possess the character, suitability, or competence to provide care or have unsupervised access to a child, it must provide the reasons for its decision in writing to the individual within ten days of making the decision.
     (4) For purposes of this section, "individual" means a state employee, a person pursuing licensing as a foster parent, or a person employed by a business or organization licensed by the department or with whom the department has a contract to provide care, supervision, case management, or treatment of children in the care of the department.
     (5) The department may not be held civilly liable based upon its decision to grant unsupervised access to children if the background information it relied upon at the time the decision was made did not indicate that child safety would be a concern.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.13 RCW to read as follows:
     The department shall charge a fee to process a request made by an out-of-state jurisdiction for an individual's child abuse or neglect history in this state or other background history on the individual possessed by the department. The fee must be set at an amount to cover, but not exceed, the cost of processing the request for the information.

Sec. 3   RCW 74.13.020 and 2012 c 205 s 12 are each amended to read as follows:
     For purposes of this chapter:
     (1) "Case management" means convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the child and family, caseworker-child visits, family visits, and the assumption of court-related duties, excluding legal representation, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates, including the Indian child welfare act.
     (2) "Child" means:
     (a) A person less than eighteen years of age; or
     (b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
     (3) "Child protective services" has the same meaning as in RCW 26.44.020.
     (4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
     (a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
     (b) Protecting and caring for dependent, abused, or neglected children;
     (c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
     (d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
     (e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
     "Child welfare services" does not include child protection services.
     (5) "Committee" means the child welfare transformation design committee.
     (6) "Department" means the department of social and health services.
     (7) "Extended foster care services" means residential and other support services the department is authorized to provide to foster children. These services include, but are not limited to, placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.
     (8) "Measurable effects" means a statistically significant change which occurs as a result of the service or services a supervising agency is assigned in a performance-based contract, in time periods established in the contract.
     (9) "Out-of-home care services" means services provided after the shelter care hearing to or for children in out-of-home care, as that term is defined in RCW 13.34.030, and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family reunification, independent living, emergency shelter, residential group care, and foster care, including relative placement.
     (10) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts shall also include provisions that link the performance of the contractor to the level and timing of reimbursement.
     (11) "Permanency services" means long-term services provided to secure a child's safety, permanency, and well-being, including foster care services, family reunification services, adoption services, and preparation for independent living services.
     (12) "Primary prevention services" means services which are designed and delivered for the primary purpose of enhancing child and family well-being and are shown, by analysis of outcomes, to reduce the risk to the likelihood of the initial need for child welfare services.
     (13) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services, as defined in this section. This definition is applicable on or after December 30, 2015.
     (14) "Unsupervised" has the same meaning as in RCW 43.43.830.

Sec. 4   RCW 74.13.020 and 2012 c 259 s 7 and 2012 c 205 s 12 are each reenacted and amended to read as follows:
     For purposes of this chapter:
     (1) "Case management" means convening family meetings, developing, revising, and monitoring implementation of any case plan or individual service and safety plan, coordinating and monitoring services needed by the child and family, caseworker-child visits, family visits, and the assumption of court-related duties, excluding legal representation, including preparing court reports, attending judicial hearings and permanency hearings, and ensuring that the child is progressing toward permanency within state and federal mandates, including the Indian child welfare act.
     (2) "Child" means:
     (a) A person less than eighteen years of age; or
     (b) A person age eighteen to twenty-one years who is eligible to receive the extended foster care services authorized under RCW 74.13.031.
     (3) "Child protective services" has the same meaning as in RCW 26.44.020.
     (4) "Child welfare services" means social services including voluntary and in-home services, out-of-home care, case management, and adoption services which strengthen, supplement, or substitute for, parental care and supervision for the purpose of:
     (a) Preventing or remedying, or assisting in the solution of problems which may result in families in conflict, or the neglect, abuse, exploitation, or criminal behavior of children;
     (b) Protecting and caring for dependent, abused, or neglected children;
     (c) Assisting children who are in conflict with their parents, and assisting parents who are in conflict with their children, with services designed to resolve such conflicts;
     (d) Protecting and promoting the welfare of children, including the strengthening of their own homes where possible, or, where needed;
     (e) Providing adequate care of children away from their homes in foster family homes or day care or other child care agencies or facilities.
     "Child welfare services" does not include child protection services.
     (5) "Committee" means the child welfare transformation design committee.
     (6) "Department" means the department of social and health services.
     (7) "Extended foster care services" means residential and other support services the department is authorized to provide to foster children. These services include, but are not limited to, placement in licensed, relative, or otherwise approved care, or supervised independent living settings; assistance in meeting basic needs; independent living services; medical assistance; and counseling or treatment.
     (8) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child abuse or neglect, and family strengths and needs that is applied to a child abuse or neglect report. Family assessment does not include a determination as to whether child abuse or neglect occurred, but does determine the need for services to address the safety of the child and the risk of subsequent maltreatment.
     (9) "Measurable effects" means a statistically significant change which occurs as a result of the service or services a supervising agency is assigned in a performance-based contract, in time periods established in the contract.
     (10) "Out-of-home care services" means services provided after the shelter care hearing to or for children in out-of-home care, as that term is defined in RCW 13.34.030, and their families, including the recruitment, training, and management of foster parents, the recruitment of adoptive families, and the facilitation of the adoption process, family reunification, independent living, emergency shelter, residential group care, and foster care, including relative placement.
     (11) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts shall also include provisions that link the performance of the contractor to the level and timing of reimbursement.
     (12) "Permanency services" means long-term services provided to secure a child's safety, permanency, and well-being, including foster care services, family reunification services, adoption services, and preparation for independent living services.
     (13) "Primary prevention services" means services which are designed and delivered for the primary purpose of enhancing child and family well-being and are shown, by analysis of outcomes, to reduce the risk to the likelihood of the initial need for child welfare services.
     (14) "Supervising agency" means an agency licensed by the state under RCW 74.15.090, or licensed by a federally recognized Indian tribe located in this state under RCW 74.15.190, that has entered into a performance-based contract with the department to provide case management for the delivery and documentation of child welfare services, as defined in this section. This definition is applicable on or after December 30, 2015.
     (15) "Unsupervised" has the same meaning as in RCW 43.43.830.

NEW SECTION.  Sec. 5   (1) The legislature finds that many parents who have had a founded finding of child abuse or neglect or have been involved in a dependency action involving one or more of their children are able to turn their lives around and establish good parenting relationships with their children. Unfortunately, their prior involvement with child protective services or the dependency court can hamper their ability to find future employment, especially if the employment involves unsupervised access to children or other vulnerable populations.
     (2) The legislature further finds that a number of states permit convicted offenders to seek a certificate of rehabilitation in certain situations. Generally, the certificate declares that a convicted individual is rehabilitated after completing a prison sentence or being released on parole or supervision. Usually, the applicant for a certificate must prove that he or she has met certain criteria before a certificate will be awarded. Such a certificate often restores certain rights to the applicant and makes him or her eligible for certain employment for which he or she would not be eligible without the certificate.
     (3) The department of social and health services shall convene a work group to explore the possibility of creating a certificate of suitability for parents who have turned their lives around after having been involved with child protective services or the dependency system. The work group shall contain persons representing the following: The courts, veteran parents, child-placing agencies, the attorney general's office, the governor's policy office, and the legislature. The work group shall explore the following issues:
     (a) The factors to consider in granting a certificate;
     (b) The entity with the authority to grant the certificate;
     (c) The process to be used to obtain such a certificate; and
     (d) The effect such a certificate will have on employment or volunteer work with vulnerable populations.
     (4) The department of social and health services shall report the work group's recommendations to the appropriate committees of the legislature no later than December 31, 2013.

NEW SECTION.  Sec. 6   Section 3 of this act expires December 1, 2013.

NEW SECTION.  Sec. 7   Section 4 of this act takes effect December 1, 2013.