CERTIFICATION OF ENROLLMENT
HOUSE BILL 2694
Chapter 49, Laws of 2016
64th Legislature
2016 Regular Session
EMERGENCY CHILD PLACEMENT--INDIAN TRIBES--BACKGROUND CHECKS
HOUSE BILL 2694
AS AMENDED BY THE SENATE
Passed Legislature - 2016 Regular Session
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State of Washington | 64th Legislature | 2016 Regular Session |
By Representatives DeBolt, Johnson, Condotta, Sells, Wilson, S. Hunt, and Pettigrew
Read first time 01/18/16. Referred to Committee on Community Development, Housing & Tribal Affairs.
AN ACT Relating to background checks in emergency placement situations requested by tribes; and amending RCW
26.44.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.44.240 and 2008 c 232 s 2 are each amended to read as follows:
(1) During an emergency situation when a child must be placed in out-of-home care due to the absence of appropriate parents or custodians, the department shall, or an authorized agency of a federally recognized tribe may, request a federal name-based criminal history record check of each adult residing in the home of the potential placement resource. Upon receipt of the results of the name-based check, the department shall, or an authorized agency of a federally recognized tribe may, provide a complete set of each adult resident's fingerprints to the Washington state patrol for submission to the federal bureau of investigation within ((fourteen)) fifteen calendar days from the date the name search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide fingerprints and written permission to perform a federal criminal history record check when requested.
(2) When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident, and the resident contests that denial, the resident shall, within fifteen calendar days, submit to the department or an authorized agency of a federally recognized tribe a complete set of the resident's fingerprints with written permission allowing the department or an authorized agency of a federally recognized tribe to forward the fingerprints to the Washington state patrol for submission to the federal bureau of investigation.
(3) The Washington state patrol and the federal bureau of investigation may each charge a reasonable fee for processing a fingerprint-based criminal history record check.
(4) As used in this section, "emergency placement" refers to those limited instances when the department or an authorized agency of a federally recognized tribe is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child's primary caretaker.
Passed by the House March 7, 2016.
Passed by the Senate March 2, 2016.
Approved by the Governor March 29, 2016.
Filed in Office of Secretary of State March 30, 2016.
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