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.
