AN
ACT Relating to making the background check requirements for employees
consistent with background check requirements for service providers, agencies,
and entities serving vulnerable adults and children; amending RCW 28A.400.303,
28A.400.305, and 43.20A.710; adding a new section to chapter 9.96A RCW; adding
new sections to chapter 41.06 RCW; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the intent of the legislature to authorize the department of social and health
services to investigate the background of current and future department
employees to the same extent and with the same effect as it has authorized the
state to investigate the background and exclude from the provision of service
current and future care providers, contractors, volunteers, and others. The
department of social and health services must coordinate with the department of
personnel to develop rules that address the procedures for undertaking
background checks, and specifically what action would be taken against a
current employee who is disqualified from his or her current position because
of a background check not previously performed.
NEW
SECTION. Sec. 2. A
new section is added to chapter 9.96A RCW to read as follows:
This
chapter is not applicable to the department of social and health services when
employing a person, who in the course of his or her employment, has or may have
unsupervised access to any person who is under the age of eighteen, who is
under the age of twenty-one and has been sentenced to a term of confinement
under the supervision of the department of social and health services under
chapter 13.40 RCW, who is a vulnerable adult under chapter 74.34 RCW, or who is
a vulnerable person. For purposes of this section "vulnerable
person" means an adult of any age who lacks the functional, mental, or
physical ability to care for himself or herself.
Sec.
3. RCW
28A.400.303 and 1992 c 159 s 2 are each amended to read as follows:
School
districts, educational service districts, the state school for the deaf, the
state school for the blind, and their contractors hiring employees who will
have regularly scheduled unsupervised access to children shall require a record
check through the Washington state patrol criminal identification system under
RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the
federal bureau of investigation before hiring an employee. The record check
shall include a fingerprint check using a complete Washington state criminal
identification fingerprint card. The requesting entity shall provide a copy of
the record report to the applicant. When necessary, applicants may be employed
on a conditional basis pending completion of the investigation. If the
applicant has had a record check within the previous two years, the district,
the state school for the deaf, the state school for the blind, or
contractor may waive the requirement. The district, pursuant to chapter 41.59
or 41.56 RCW, the state school for the deaf, the state school for the blind,
or contractor hiring the employee shall determine who shall pay costs
associated with the record check.
Sec.
4. RCW
28A.400.305 and 1996 c 126 s 5 are each amended to read as follows:
The
superintendent of public instruction shall adopt rules as necessary under
chapter 34.05 RCW on record check information. The rules shall include, but
not be limited to the following:
(1)
Written procedures providing a school district, state school for the deaf,
or state school for the blind employee or applicant for certification or
employment access to and review of information obtained based on the record
check required under RCW 28A.400.303 ((and 28A.400.304)); and
(2)
Written procedures limiting access to the superintendent of public instruction
record check data base to only those individuals processing record check
information at the office of the superintendent of public instruction, the
appropriate school district or districts, the state school for the deaf, the
state school for the blind, and the appropriate educational service
district or districts.
Sec.
5. RCW
43.20A.710 and 2000 c 87 s 2 are each amended to read as follows:
(1)
The secretary shall investigate the conviction records, pending charges ((or))
and disciplinary board final decisions of:
(a)
((Persons being considered for state employment in positions directly
responsible for the supervision, care, or treatment of)) Any current
employee or applicant seeking or being considered for any position with the
department who will or may have unsupervised access to children, vulnerable
adults, or individuals with mental illness or developmental disabilities((;
(b)
Persons being considered for state employment in positions involving
unsupervised access to vulnerable adults to conduct)).
This includes, but is not limited to, positions conducting comprehensive
assessments, financial eligibility determinations, licensing and certification
activities, investigations, surveys, or case management; or for state positions
otherwise required by federal law to meet employment standards;
(((c)))
(b) Individual providers who are paid by the state and providers who are
paid by home care agencies to provide in-home services involving unsupervised
access to persons with physical, mental, or developmental disabilities or
mental illness, or to vulnerable adults as defined in chapter 74.34 RCW,
including but not limited to services provided under chapter 74.39 or 74.39A
RCW; and
(((d)))
(c) Individuals or businesses or organizations for the care,
supervision, case management, or treatment of children, developmentally
disabled persons, or vulnerable adults, including but not limited to services
contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW
or Title 71A RCW.
(2)
The investigation may include an examination of state and national criminal
identification data. The secretary shall use the information solely for the
purpose of determining the character, suitability, and competence of these
applicants.
(3)
An individual provider or home care agency provider who has resided in the
state less than three years before applying for employment involving
unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must
be fingerprinted for the purpose of investigating conviction records both
through the Washington state patrol and the federal bureau of investigation.
This subsection applies only with respect to the provision of in-home services
funded by medicaid personal care under RCW 74.09.520, community options program
entry system waiver services under RCW 74.39A.030, or chore services under RCW
74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).
(4)
An individual provider or home care agency provider hired to provide in-home
care for and having unsupervised access to a vulnerable adult as defined in
chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW
43.43.830 and 43.43.842. An individual or home care agency provider must also
have no conviction for a crime relating to drugs as defined in RCW 43.43.830.
This subsection applies only with respect to the provision of in-home services
funded by medicaid personal care under RCW 74.09.520, community options program
entry system waiver services under RCW 74.39A.030, or chore services under RCW
74.39A.110.
(5)
The secretary shall provide the results of the background check on individual
providers to the persons hiring them or to their legal guardians, if any, for
their determination of the character, suitability, and competence of the
applicants. If the person elects to hire or retain an individual provider
after receiving notice from the department that the applicant has a conviction
for an offense that would disqualify the applicant from having unsupervised
access to persons with physical, mental, or developmental disabilities or
mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then
the secretary shall deny payment for any subsequent services rendered by the
disqualified individual provider.
(6)
Criminal justice agencies shall provide the secretary such information as they
may have and that the secretary may require for such purpose.
NEW
SECTION. Sec. 6. A
new section is added to chapter 41.06 RCW to read as follows:
(1)
The board shall amend any existing rules established under RCW 41.06.475 and
adopt rules developed in cooperation and agreement with the department of
social and health services to implement the provisions of this act.
(2)
The legislature's delegation of authority to the agency under this act is
strictly limited to:
(a)
The minimum delegation necessary to administer the act's clear and unambiguous
directives; and
(b)
The administration of circumstances and behaviors foreseeable at the time of
enactment.
NEW
SECTION. Sec. 7. A
new section is added to chapter 41.06 RCW to read as follows:
The
personnel resources board must develop policy recommendations addressing the
action that will be taken if a background check result disqualifies an employee
from his or her current position. A report of the recommendations developed
must be delivered to the legislature by December 1, 2001.
