S-1317.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 5261

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Health & Human Services (originally sponsored by Senators Fraser, Deccio and Talmadge)

Read first time 02/09/93.

Modifying the background check requirement on persons providing services for physically disabled or mentally impaired persons.

          AN ACT Relating to state background checks on persons providing services to physically disabled or mentally impaired persons; amending RCW 43.20A.710; and creating a new section.

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

        Sec. 1.  RCW 43.20A.710 and 1989 c 334 s 13 are each amended to read as follows:

          The secretary shall investigate the conviction records, pending charges or disciplinary board final decisions of:  (1) Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children((, mentally ill persons)) or individuals with mental illness or ((developmentally disabled persons)) developmental disabilities; and (2) individual providers who are paid by the state for in-home services and hired by individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment.  The investigation may include an examination of state and national criminal identification data and the child abuse and neglect register established under chapter 26.44 RCW.  The secretary shall provide the results of the state background check on individual providers to the individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who hired them and to their legal guardians, if any.  The secretary shall use the information solely for the purpose of determining the character, suitability, and competence of these applicants except that in the case of individuals with physical disabilities, developmental disabilities, mental illness, or mental impairment who employ individual providers, the determination of character, suitability, and competence of applicants shall be made by the individual with a physical disability, developmental disability, mental illness, or mental impairment.  Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.  If necessary, persons may be employed on a conditional basis pending completion of the background investigation.

NEW SECTION. Sec. 2.  This act applies prospectively only.

                                                           --- END ---