BILL REQ. #:  H-4668.2 

READ FIRST TIME 01/31/06.   

     AN ACT Relating to background checks for unlicensed child care providers; adding a new section to Title 74 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature recognizes that state law requires criminal background checks of unlicensed child care providers for the purpose of approval for receiving reimbursement under the working connections child care program. However, the legislature finds that background checks are generally limited to criminal conviction histories. The results of criminal background checks are more complete when supplemented by an applicant's history of child abuse or neglect. The legislature declares that there is no right or entitlement to receive or to be approved to provide state subsidized child care. The legislature also finds that the safety of children is a compelling state interest and that additional safeguards are necessary in the approval for receipt of child care subsidies by unlicensed child care providers to ensure the safety of Washington's children. In order to provide the safest environment for children, the division must be provided with known information regarding an applicant's history of child abuse or neglect when an applicant seeks approval for receipt of child care subsidies.

NEW SECTION.  Sec. 2   A new section is added to Title 74 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Administration" means the children's administration within the department of social and health services.
     (b) "Applicant" means an applicant, other than a child care provider licensed under this title, for reimbursement under the working connections child care program.
     (c) "Department" means the department of social and health services.
     (d) "Division" means the division of child care and early learning within the department.
     (e) "Reimbursement" means payment to an applicant for child care services on behalf of a child who qualifies for state subsidized child care under the working connections child care program.
     (2) Before approving an applicant for reimbursement, the division shall review records within the administration regarding child abuse or neglect by the applicant, if any. The department shall adopt rules for the sharing of information consistent with the legislative intent of this act. Rules shall include a provision for responding to an applicant's request for approval for reimbursement within twenty days.
     (3) Information reviewed under this section shall be used by the division only for the purpose of approving an applicant's qualifications for receipt of reimbursement. Except as otherwise provided by law, the division shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for reimbursement. A person who violates this subsection is guilty of a misdemeanor.
     (4) Beginning September 1, 2006, the department shall not expunge information about founded complaints of child abuse or neglect from any records or documents in its investigative or any other files. This subsection does not restrict the expungement of information about unfounded allegations of child abuse or neglect under RCW 26.44.031.
     (5) This section does not prevent the division from requesting or requiring an applicant to provide information other than that described in this section.
     (6) An applicant shall not be approved for reimbursement if any of the following apply:
     (a) The applicant's parental rights have been terminated under chapter 13.34 RCW; or
     (b) A referral regarding child abuse or neglect by the applicant has resulted in a founded complaint.
     (7) Beginning July 1, 2007, in addition to the criteria in subsection (6) of this section, an applicant shall not be approved for reimbursement if within the six years preceding the applicant's request for approval two or more referrals regarding child abuse or neglect have resulted in an inconclusive finding.
     (8) At the conclusion of the division's background investigation, an applicant has the right to review his or her file in which the applicant is named as the subject of an allegation of child abuse or neglect, and to attach rebuttals to any documents as the applicant deems necessary. Rebuttal documents shall be disclosed in the same manner as the documents to which they are attached. This section does not provide a right to access information that would otherwise be redacted by the administration for the purpose of maintaining confidentiality of persons reporting alleged child abuse or neglect or of children who are the alleged victims of abuse or neglect. The provisions of this subsection do not supersede the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW.