H-4362.1  _______________________________________________

 

                          HOUSE BILL 2895

          _______________________________________________

 

State of Washington      55th Legislature     1998 Regular Session

 

By Representatives Gombosky, O'Brien, Kastama, Cody, Sullivan, Morris, Costa, Wood and Conway

 

Read first time 01/21/98.  Referred to Committee on Children & Family Services.

Regarding background checks of exempt child care workers.


    AN ACT Relating to background checks of exempt child care providers; amending RCW 74.12.340; and creating a new section.

 

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

 

    Sec. 1.  RCW 74.12.340 and 1973 1st ex.s. c 154 s 111 are each amended to read as follows:

    (1) The department is authorized to promulgate rules and regulations governing the provision of day care as a part of child welfare services when the secretary determines that a need exists for such day care and that it is in the best interests of the child, the parents, or the custodial parent and in determining the need for such day care priority shall be given to geographical areas having the greatest need for such care and to members of low income groups in the population((:  PROVIDED, That)).  Where the family is financially able to pay part or all of the costs of such care, fees shall be imposed and paid according to the financial ability of the family.

    (2) The department shall investigate the conviction record, pending charges, and dependency record information, pursuant to chapter 43.43 RCW, of all providers who are authorized for payment for in-home or relative child care services and who are exempt from licensure under RCW 74.15.030.  The department shall make available to the public, on  request, the conviction record, pending charges, and dependency record information of such exempt providers and their employees.  This information shall be made available through state-wide child care resource and referral organizations.

    (3) The department, its employees, and officials shall be immune from liability for release of information regarding the information released pursuant to subsection (2) of this section.

    (4) Investigation and release of information pursuant to subsection (2) of this section shall not establish an employment relationship between the department and the provider.

 

    NEW SECTION.  Sec. 2.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

 


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