AN ACT
Relating to background checks; and amending RCW 43.43.830 and 43.43.832.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.43.830 and 1994 c 108 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
(c)
Any prospective adoptive parent, as defined in RCW 26.33.020.
(2)
"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)
"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)
"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)
"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)
"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)
"Disciplinary board final decision" means any final decision issued
by ((the disciplinary board)) a disciplining authority under chapter
18.130 RCW or the ((director of the department of licensing)) secretary
of the department of health for the following businesses or professions:
(a)
Chiropractic;
(b)
Dentistry;
(c)
Dental hygiene;
(d)
Massage;
(e)
Midwifery;
(f)
Naturopathy;
(g)
Osteopathy;
(h)
Physical therapy;
(i)
Physicians;
(j)
Practical nursing;
(k)
Registered nursing; and
(l)
Psychology((; and
(m)
Real estate brokers and salesmen)).
"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)
"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)
"Vulnerable adult" means ((a person sixty years of age or older
who has the functional, mental, or physical inability to care for himself or
herself or a patient in a state hospital as defined in chapter 72.23 RCW)) "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)
"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)
"Agency" means any person, firm, partnership, association,
corporation, or facility which receives, provides services to, houses or
otherwise cares for vulnerable adults.
Sec.
2. RCW
43.43.832 and 1993 c 281 s 51 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 to hire or engage. 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 to hire or
engage. 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, an applicant'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.
