6230-S

AN ACT Relating to child care services; amending RCW 74.13.090, 43.43.830, 43.43.832, 43.43.834, and 43.43.838; reenacting and amending RCW 74.15.020 and 43.43.840; adding new sections to chapter 74.15 RCW; adding a new section to chapter 43.43 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that consumers of child care services have a legitimate interest in receiving timely information about complaints against child care service providers in order to make meaningful choices regarding the facilities and people who provide care for their children. The legislature further finds that as a result of improvements in information management systems, the state's ability to provide relevant information to child care service consumers has also improved.

The legislature intends to utilize the state's improved ability to collect and manage information about complaints against child care service providers by requiring the department of social and health services to report all relevant licensing actions and complaints alleging serious issues affecting the health and safety of children to appropriate individuals and organizations in a timely manner. The legislature further intends to authorize the department to report such information to the general public when necessary and appropriate for the health and safety of children.

NEW SECTION. Sec. 2. A new section is added to chapter 74.15 RCW to read as follows:

(1) The department shall report any adverse licensing actions against a child day-care center or family day-care provider taken under this chapter as a result of serious issues affecting the health and safety of children as follows: (a) Within two business days of taking the action, by posting a prominent notice of the licensing action at the facility; (b) within two business days of taking the action, by notifying the referent and appropriate public or private child care resource and referral agencies; and (c) within four business days of taking the action, by mailing notification to all current clients of the center or provider known to the department. Upon request, a center or provider subject to an adverse licensing action under this chapter shall provide the department, within two business days, a complete list of the names, addresses, and telephone numbers of its current clients. The report shall include a description of the grounds for the adverse licensing action.

(2) The department shall report any complaints against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children that are determined to be well-founded or valid as follows: (a) Within two business days of making the determination, by notifying the referent and appropriate public or private child care resource and referral agencies; and (b) within four business days of making the determination, by mailing notification to all current clients of the center or provider known to the department. Upon request, a center or provider subject to a complaint that must be reported under this subsection shall provide the department, within two business days, a complete list of the names, addresses, and telephone numbers of its current clients. The report shall include a description of the well-founded or valid allegations and a summary of the resolution of the complaint or the follow-up actions taken by the department and the center or provider in response to the complaint.

(3) The department is authorized to report to the general public and counterpart licensing departments in other states, as may be necessary and appropriate to protect the health or safety of children, any information that is required to be reported under subsection (1) or (2) of this section.

(4) If the child day-care center or family day-care provider is later found to have not committed the acts or conduct justifying the adverse licensing action or alleged in a complaint reported under subsection (1), (2), or (3) of this section, the department shall forthwith prepare a notice of public exoneration. Such notice shall also be maintained as part of the department's permanent record of the licensing action or complaint.

(5) The department shall disclose, upon request, the receipt, general nature, and resolution or current status of all complaints on record with the department after the effective date of this act against a child day-care center or family day-care provider alleging serious issues affecting the health and safety of children, regardless of whether an investigation is pending or the complaint has been determined to be invalid, inconclusive, or unfounded.

(6) This section shall not be construed to require the reporting of any information that is exempt from public disclosure under chapter 42.17 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 74.15 RCW to read as follows:

At any time during a pending adverse licensing action, a pending investigation of a complaint alleging serious issues affecting the health and safety of children, or an ongoing corrective action plan, the department may, as necessary and appropriate to protect the health or safety of children, (a) place a child day-care center or family day-care provider on nonreferral status, and (b) notify appropriate public and private child care resource and referral agencies of the department's investigation and decision to place the center or provider on nonreferral status.

NEW SECTION. Sec. 4. A new section is added to chapter 74.15 RCW to read as follows:

(1) The department shall compile an annual report summarizing all investigations for the previous fiscal year relating to serious issues affecting the health or safety of children in the care of child day-care centers and family day-care providers. The report shall be provided to the legislature, the child care coordinating committee, and child care resource and referral agencies by August 1st of each year beginning in 1997.

(2) The report shall include, at a minimum, (a) an analysis of the volume and general nature of all reports and disclosures made by the department as required or authorized under section 2 of this act; (b) an analysis of the volume and general nature of the pending adverse licensing actions, pending complaint investigations, and ongoing corrective action plans for which the department placed centers and providers on nonreferral status under section 3 of this act; (c) an analysis of the volume and general nature of complaints determined to be invalid, inconclusive, or unfounded; and (d) information about the average length of time required by the department to complete investigations determined to be valid or well-founded, inconclusive, and invalid or unfounded.

Sec. 5. RCW 74.15.020 and 1995 c 311 s 18 and 1995 c 302 s 3 are each reenacted and amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) ((~~"Department" means the state department of social and health services;~~

~~(2) "Secretary" means the secretary of social and health services;~~

~~(3)~~)) "Adverse licensing action" means a denial, suspension, revocation, or nonrenewal of a license authorized under this chapter.

(2) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

(d) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(e) "Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;

(f) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

(g) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

((~~(4)~~)) (3) "Agency" shall not include the following:

(a) Persons related to the child, expectant mother, or person with developmental disabilities in the following ways:

(i) Any blood relative, including those of half blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated; or

(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(b) Persons who are legal guardians of the child, expectant mother, or persons with developmental disabilities;

(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

(d) Parents on a mutually cooperative basis exchange care of one another's children;

(e) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

(f) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(g) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

(h) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(i) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

(j) Licensed physicians or lawyers;

(k) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(l) Facilities approved and certified under chapter 71A.22 RCW;

(m) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

(n) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(o) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(p) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

(4) "Department" means the state department of social and health services.

(5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

(6) "Referent" means a person or agency who brings to the attention of the department a complaint or information resulting in an investigation or adverse licensing action.

(7) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

((~~(6) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.~~))

(8) "Secretary" means the secretary of social and health services.

(9) "Serious issues affecting the health and safety of children" means allegations, which if true, place children at serious risk of harm. Such allegations may include, but are not limited to, allegations of child abuse or neglect or allegations of licensing violations related to safety or health hazards, supervision problems, accidental injuries, or excessive discipline or mistreatment of a child.

NEW SECTION. Sec. 6. The department of social and health services shall adopt rules as necessary to implement this act.

Sec. 7. RCW 74.13.090 and 1995 c 399 s 204 are each amended to read as follows:

(1) There is established a child care coordinating committee to provide coordination and communication between state agencies responsible for child care and early childhood education services. The child care coordinating committee shall be composed of not less than seventeen nor more than thirty-three members who shall include:

(a) One representative each from the department of social and health services, the department of community, trade, and economic development, the office of the superintendent of public instruction, and any other agency having responsibility for regulation, provision, or funding of child care services in the state;

(b) One representative from the department of labor and industries;

(d) One representative from the employment security department;

(e) One representative from the department of personnel;

(f) One representative from the department of health;

(g) At least one representative of family home child care providers and one representative of center care providers;

(h) At least one representative of early childhood development experts;

(i) At least one representative of school districts and teachers involved in the provision of child care and preschool programs;

(j) At least one parent education specialist;

(k) At least one representative of resource and referral programs;

(l) One pediatric or other health professional;

(m) At least one representative of college or university child care providers;

(n) At least one representative of a citizen group concerned with child care;

(o) At least one representative of a labor organization;

(p) At least one representative of a head start - early childhood education assistance program agency;

(q) At least one employer who provides child care assistance to employees;

(r) Parents of children receiving, or in need of, child care, half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are able to pay for child care.

The named state agencies shall select their representative to the child care coordinating committee. The department of social and health services shall select the remaining members, considering recommendations from lists submitted by professional associations and other interest groups until such time as the committee adopts a member selection process. The department shall use any federal funds which may become available to accomplish the purposes of RCW 74.13.085 through 74.13.095.

The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee. The secretary of social and health services shall appoint a temporary chair until the committee has adopted policies and elected a chair accordingly. Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(2) To the extent possible within available funds, the child care coordinating committee shall:

(a) Serve as an advisory coordinator for all state agencies responsible for early childhood or child care programs for the purpose of improving communication and interagency coordination;

(b) Annually review state programs and make recommendations to the agencies and the legislature which will maximize funding and promote furtherance of the policies set forth in RCW 74.13.085. Reports shall be provided to all appropriate committees of the legislature by December 1 of each year. At a minimum the committee shall:

(i) Review and propose changes to the child care subsidy system ((~~in its December 1989 report~~));

(ii) Review alternative models for child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature a new child care service structure; and

(iii) Review options and make recommendations on the feasibility of establishing an allocation for day care facilities when constructing state buildings;

(c) Review department of social and health services administration of the child care expansion grant program described in RCW 74.13.095;

(d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in the state;

(e) Advise and assist the office of child care policy in implementing his or her duties under RCW 74.13.0903;

(f) Perform other functions to improve the quantity and quality of child care in the state, including compliance with existing and future prerequisites for federal funding; ((~~and~~))

(g) Advise and assist the department of personnel in its responsibility for establishing policies and procedures that provide for the development of quality child care programs for state employees; and

(h) Review the department's annual reports required under section 4 of this act. The committee shall make recommendations to the legislature as necessary to improve the availability of information in the department's possession that is relevant to making meaningful choices regarding child day-care centers and family day-care providers.

NEW SECTION. Sec. 8. A new section is added to chapter 43.43 RCW to read as follows:

The legislature finds that businesses and organizations, in order to continue to provide safe, quality services to children, developmentally disabled persons, and vulnerable adults, must be adequately informed of the continued eligibility of employees, licensees, and volunteers. The legislature also finds that developmentally disabled persons and vulnerable adults who have directly hired employees, licensees, or volunteers must be similarly informed. The legislature further finds that businesses and organizations, developmentally disabled persons, and vulnerable adults need the ability to make subsequent background checks of an employee, licensee, or volunteer on a biennial basis. While chapter ..., Laws of 1996 (this act) imposes no requirement to make biennial background checks, the legislature intends to allow for additional background checks at the discretion of the business or organization, developmentally disabled person, or vulnerable adult.

Sec. 9. RCW 43.43.830 and 1995 c 250 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.840.

(1) "Applicant" means:

(a) Any prospective employee who will or may have unsupervised access to children under sixteen years of age or developmentally disabled persons or vulnerable adults during the course of his or her employment or involvement with the business or organization;

(b) Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults during the course of his or her ((~~employment or~~)) involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

(2) "Employee" means a person who has unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults, during the course of his or her employment or involvement with the business or organization, developmentally disabled person, or vulnerable adult.

(3) "Licensee" means any person who has received from a business or organization express or implied permission to provide services to children, developmentally disabled persons, or vulnerable adults and has unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults, during the course of his or her involvement with the business or organization.

(4) "Volunteer" means any person who has regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults, during the course of his or her involvement with the business or organization, developmentally disabled person, or vulnerable adult, if such access will or may involve groups of (a) five or fewer children under twelve years of age, (b) three or fewer children between twelve and sixteen years of age, (c) developmentally disabled persons, or (d) vulnerable adults.

(5) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to developmentally disabled persons, vulnerable adults, or children under sixteen years of age, including but not limited to public housing authorities, school districts, and educational service districts.

((~~(3)~~)) (6) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

((~~(4)~~)) (7) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

((~~(5)~~)) (8) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; first or second degree rape of a child; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

((~~(6)~~)) (9) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

((~~(7)~~)) (10) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

(a) Chiropractic;

(b) Dentistry;

(d) Massage;

(e) Midwifery;

(f) Naturopathy;

(g) Osteopathy;

(h) Physical therapy;

(i) Physicians;

(j) Practical nursing;

(k) Registered nursing; and

(l) Psychology.

"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

((~~(8)~~)) (11) "Unsupervised" means not in the presence of:

(a) Another employee or volunteer from the same business or organization as the applicant; or

(b) Any relative or guardian of any of the children or developmentally disabled persons or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

((~~(9)~~)) (12) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

((~~(10)~~)) (13) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

((~~(11)~~)) (14) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults.

Sec. 10. RCW 43.43.832 and 1995 c 250 s 2 are each amended to read as follows:

(1) The legislature finds that businesses and organizations providing services to children, developmentally disabled persons, and vulnerable adults need adequate information to determine which employees ((or)), licensees, or volunteers to hire ((or)), engage, or retain. The legislature further finds that many developmentally disabled individuals and vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees ((or)), licensees, or volunteers to hire ((or)), engage, or retain. Therefore, ((~~the Washington state patrol criminal identification system may disclose, upon the request of~~)) a business or organization as defined in RCW 43.43.830, a developmentally disabled person, or a vulnerable adult as defined in RCW 43.43.830, or his or her guardian, may receive upon request from the Washington state patrol criminal identification system an ((~~applicant's~~)) applicant, employee, licensee, or volunteer's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision. When necessary, applicants may be employed on a conditional basis pending completion of such a background investigation.

(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.

(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.

(4) The legislature further finds that the department of social and health services, when considering persons for state positions directly responsible for the care, supervision, or treatment of children, developmentally disabled persons, or vulnerable adults or when licensing or authorizing such persons or agencies pursuant to its authority under chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to license or regulate a facility which handles vulnerable adults, must consider the information listed in subsection (1) of this section. However, when necessary, persons may be employed on a conditional basis pending completion of the background investigation. The Washington personnel resources board shall adopt rules to accomplish the purposes of this subsection as it applies to state employees.

(5) Nonprofit organizations may not have access to the information provided under this section regarding volunteers, until July 1, 1997.

Sec. 11. RCW 43.43.834 and 1990 c 3 s 1103 are each amended to read as follows:

(1) A business or organization shall not make an inquiry to the Washington state patrol under RCW 43.43.832 or an equivalent inquiry to a federal law enforcement agency unless the business or organization has: (a) Notified the applicant who has been offered a position as an employee or volunteer((,)) that an inquiry may be made; or (b) notified the employee, licensee, or volunteer that an inquiry may be made.

(2) A business or organization shall require each applicant, employee, licensee, and volunteer, to disclose to the business or organization whether the applicant, employee, licensee, or volunteer has been:

(a) Convicted of any crime against children or other persons;

(b) Convicted of crimes relating to financial exploitation if the victim was a vulnerable adult;

(c) Found in any dependency action under RCW 13.34.040 to have sexually assaulted or exploited any minor or to have physically abused any minor;

(d) Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;

(e) Found in any disciplinary board final decision to have sexually or physically abused or exploited any minor or developmentally disabled person or to have abused or financially exploited any vulnerable adult; or

(f) Found by a court in a protection proceeding under chapter 74.34 RCW, to have abused or financially exploited a vulnerable adult.

The disclosure shall be made in writing and signed by the applicant, employee, licensee, or volunteer and sworn under penalty of perjury. The disclosure sheet shall specify all crimes against children or other persons and all crimes relating to financial exploitation as defined in RCW 43.43.830 in which the victim was a vulnerable adult.

(3) The business or organization shall pay such reasonable fee for the records check as the state patrol may require under RCW 43.43.838.

(4) The business or organization shall notify the applicant, employee, licensee, or volunteer of the state patrol's response within ten days after receipt by the business or organization. The employer shall provide a copy of the response to the applicant, employee, licensee, or volunteer and shall notify the applicant, employee, licensee, or volunteer of such availability.

(5) The business or organization shall use this record only in: (a) Making the initial employment or engagement decision; or (b) conducting biennial reviews to assure the continued eligibility of employees, licensees, and volunteers to have unsupervised access to children, developmentally disabled persons, or vulnerable adults. Further dissemination or use of the record is prohibited. A business or organization violating this subsection is subject to a civil action for damages.

(6) An insurance company shall not require a business or organization to request background information on any employee before issuing a policy of insurance.

(7) The business and organization shall be immune from civil liability for failure to request background information on an applicant, employee, licensee, or volunteer unless the failure to do so constitutes gross negligence.

(8) This section shall not apply to nonprofit organizations making inquiries regarding volunteers or making inquiries in connection with conducting biennial reviews, until July 1, 1997.

Sec. 12. RCW 43.43.838 and 1995 c 29 s 1 are each amended to read as follows:

(1) ((~~After January 1, 1988, and~~)) Notwithstanding any provision of RCW 43.43.700 through 43.43.810 to the contrary, the state patrol shall furnish a transcript of the conviction record, disciplinary board final decision and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision, or civil adjudication record pertaining to any person for whom the state patrol or the federal bureau of investigation has a record upon the written request of:

(a) The subject of the inquiry;

(b) Any business or organization, developmentally disabled person, or vulnerable adult, for the purpose of conducting evaluations under RCW 43.43.832;

(d) Any law enforcement agency, prosecuting authority, or the office of the attorney general; or

(e) The department of social and health services for the purpose of meeting responsibilities set forth in chapter 74.15, 18.51, 18.20, or 72.23 RCW, or any later-enacted statute which purpose is to regulate or license a facility which handles vulnerable adults. However, access to conviction records pursuant to this subsection (1)(e) does not limit or restrict the ability of the department to obtain additional information regarding conviction records and pending charges as set forth in RCW 74.15.030(2)(b).

After processing the request, if the conviction record, disciplinary board final decision and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision, or adjudication record shows no evidence of a crime against children or other persons or, in the case of vulnerable adults, no evidence of crimes relating to financial exploitation in which the victim was a vulnerable adult, an identification declaring the showing of no evidence shall be issued to the ((~~business or organization~~)) recipients identified in subsection (1)(b) of this section by the state patrol and shall be issued within fourteen working days of the request. The ((~~business or organization~~)) recipient shall provide a copy of the identification declaring the showing of no evidence to the applicant, employee, licensee, or volunteer. Possession of such identification shall satisfy future record check requirements for the applicant, employee, licensee, or volunteer for a two-year period unless the prospective employee is any current school district employee who has applied for a position in another school district.

(2) The state patrol shall by rule establish fees for disseminating records under this section to recipients identified in subsection (1)(a) and (b) of this section. The state patrol shall also by rule establish fees for disseminating records in the custody of the national crime information center. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the state patrol of disseminating the records: PROVIDED, That no fee shall be charged to a nonprofit organization for the initial records check of a prospective employee, licensee, or volunteer: PROVIDED FURTHER, That in the case of record checks using fingerprints requested by school districts and educational service districts, the state patrol shall charge only for the incremental costs associated with checking fingerprints in addition to name and date of birth. Record checks requested by school districts and educational service districts using only name and date of birth shall continue to be provided free of charge.

(3) No employee of the state, employee of a business or organization, or ((~~the business or organization~~)) recipient identified in subsection (1)(b) of this section is liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information under RCW 43.43.830 through 43.43.840 or 43.43.760.

(4) ((~~Before July 26, 1987,~~)) The state patrol shall adopt rules and forms to implement this section and to provide for security and privacy of information disseminated under this section, giving first priority to the criminal justice requirements of this chapter. The rules may include requirements for users, audits of users, and other procedures to prevent use of civil adjudication record information or criminal history record information inconsistent with this chapter.

(5) Nothing in RCW 43.43.830 through 43.43.840 shall authorize an employer to make an inquiry not specifically authorized by this chapter, or be construed to affect the policy of the state declared in chapter 9.96A RCW.

(6) Nonprofit organizations may not have access to the information provided under subsection (1)(b) of this section regarding volunteers, until July 1, 1997.

Sec. 13. RCW 43.43.840 and 1989 c 334 s 5 and 1989 c 90 s 5 are each reenacted and amended to read as follows:

(1) The supreme court shall by rule require the courts of the state to notify the state patrol of any dependency action under RCW ((~~13.34.030(2)(b)~~)) 13.34.040, domestic relations action under Title 26 RCW, or protection action under chapter 74.34 RCW, in which the court makes specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult.

(2) The department of licensing shall notify the state patrol of any disciplinary board final decision that includes specific findings of physical abuse or sexual abuse or exploitation of a child or abuse or financial exploitation of a vulnerable adult.

(3) When a business or an organization terminates, fires, dismisses, fails to renew the contract, or permits the resignation of an employee because of crimes against children or other persons or because of crimes relating to the financial exploitation of a vulnerable adult, and if that employee is employed in a position requiring a certificate or license issued by a licensing agency such as the state board of education, the business or organization shall notify the licensing agency of such termination of employment.