BILL REQ. #:  H-3634.2 

Prefiled 1/6/2006. Read first time 01/09/2006.   Referred to Committee on Children & Family Services.

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

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 maltreatment. Therefore, the legislature finds 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 department must provide the division with known information regarding an applicants' history of child maltreatment when an applicant seeks approval for the 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) "Pattern or history of child maltreatment" means a course of conduct composed of a series of acts or inactions over time, however short, resulting in harm to a child's health, welfare, or safety.
     (f) "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 request the applicant to sign a statement:
     (a) Authorizing the administration to disclose to the division of any child maltreatment by the applicant, and making available to the division copies of all records in the administration's investigative files and any other files relating to child maltreatment by the applicant; and
     (b) Releasing the administration, and employees acting on behalf of the administration, from any liability for providing information described in (a) of this subsection, as provided in subsection (5) of this section.
     (3) Before approving an applicant for receipt of reimbursement, the division shall request the administration to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section, and be in writing, electronic, or otherwise.
     (4) Not later than ten business days after receiving a request under subsection (3) of this section, the administration shall:
     (a) Provide the information requested and make available to the division copies, electronic or otherwise, of all documents relating to child maltreatment by the applicant, if any; or
     (b) Send verification in writing, electronic, or otherwise to the division regarding the absence of such information regarding the applicant and child maltreatment. The administration, or an employee acting on behalf of the administration, who in good faith discloses information under this section, is immune from civil liability for the disclosure.
     (5) The division shall not approve an applicant for reimbursement who does not sign the statement described in subsection (2) of this section.
     (6) Information received 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.
     (7) Beginning September 1, 2006, the department shall not expunge information about child maltreatment from any records or documents in its investigative or any other files. This subsection does not restrict the expungement from a file or document of information about alleged child maltreatment that has not been substantiated.
     (8) This section does not prevent the division from requesting or requiring an applicant to provide information other than that described in this section.
     (9) By September 1, 2006, the department has the authority to and shall adopt rules defining "child maltreatment" as used in this section for application to unlicensed child care providers seeking approval for reimbursement. The definition of child maltreatment adopted by the department must include the requirement that the administration has made a determination that there is sufficient information to conclude that the child maltreatment has occurred and that the maltreatment resulted in the administration opening a case regarding the maltreatment.
     (10) No applicant who has a pattern or history of child maltreatment may be approved by the division for reimbursement.
     (11) Except as limited by chapter 49.12 RCW, at the conclusion of the division's investigation, an applicant has the right to review his or her entire investigative file, or any other file maintained by the administration relating to child maltreatment as addressed in this section 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.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.