ESSB 5774

HOUSE BILL REPORT
ESSB 5774

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:
Early Learning & Children's Services
Appropriations

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Hargrove, Kohl-Welles, Brandland and Shin; by request of Department of Social and Health Services).

Majority Report: Do pass as amended. Signed by 4 members: Representatives Kagi, Chair; Appleton, Pettigrew and Roberts.

Minority Report: Do not pass. Signed by 2 members: Representatives Haler, Ranking Minority Member and Walsh, Assistant Ranking Minority Member.

Background:

In 2004, the Legislature created the Joint Task Force on Criminal Background Check Processes (Task Force) to review and make recommendations regarding improvements to the state's criminal background check processes. The Task Force was extended through December 2006. The Task Force reviewed multiple laws governing the background check processes used by the Department of Social and Health Services (DSHS).

Fourteen different state laws address the background check requirements for the DSHS employees and contracted service providers. Within these statutes are different program-specific rules, varying standards for denial of unsupervised access for vulnerable adults and children, and different recheck requirements.

In October 2006, the DSHS presented to the Task Force its proposal for the consolidation into one chapter of the various background check laws. This proposal also incorporated requirements for fingerprint-based background checks required by recently enacted federal law known as the Adam Walsh Act. After stakeholder input, the DSHS proposal was introduced as department-requested legislation.

The Department of Early Learning (DEL) was created by the Legislature in 2005. The DEL conducts background checks through the Washington State Patrol (WSP) as part of its licensing and approval processes for child care and early learning providers.

Summary of Amended Bill:

Department of Social and Health Services Background Checks
The DSHS is directed to conduct fingerprint background checks for all persons seeking to be foster parents, adoptive parents, kinship and kinship-like care givers, and other adults living in these homes.

The DSHS also is authorized to conduct a background check as part of an investigation into allegations of child abuse or neglect.

Child Care and Early Learning Background Checks
The WSP statutes are amended to accurately reflect sharing of information with the DEL for purposes of conducting background checks related to agency employment and licensing and approval of child care and early learning providers and other persons who will have unsupervised access to children in care.

Background Check Workgroup
The DSHS is directed to convene a workgroup to research state and federal laws regarding background checks. The workgroup will include representatives of the DSHS, the DEL, the Office of the Superintendent of Public Instruction, the Department of Licensing, the WSP, the Civil Rights Committee of the Washington State Bar Association, the Washington Association of Criminal Defense Attorneys, the Washington Association of Sheriffs and Police Chiefs, the Administrative Office of the Courts, and the Department of Information Services. The group must also include, as non-voting ex officio members, one representative from each of the two main caucuses in the House of Representatives and the Senate. The Secretary of the DSHS or the Secretary's designee will serve as chair of the workgroup and staff support will be provided by the DSHS.

By November 30, 2008, the workgroup must make recommendations to the Legislature and the Governor regarding improving processes for sharing confidential information, including an analysis of the feasibility of creating a clearinghouse of information. An interim report is required by November 1, 2007.

Amended Bill Compared to Engrossed Substitute Bill:

The committee striking amendment removes: (1) the requirement for a finding of financial hardship in order for the DSHS to pay fees associated with background checks for foster parents; and (2) the requirement for the DSHS to check the citizenship or visa status of persons applying for a license or certification from, or seeking a contract with the DSHS or a service provider; applying for employment, promotion, reallocation, or transer; being hired by a client or guardian of a client of the DSHS to provide services for which the DSHS may provide payment; or applying to work in a department-covered position.

The committee striking amendment adds sections amending the WSP statutes to allow for the exchange of information with the DEL to conduct mandatory background checks.

Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed. However, sections 6 and 7 of this act are null and void if not funded in the budget.

Staff Summary of Public Testimony:

(In support) The DSHS supports the provisions to bring the state in compliance with the federal Adam Walsh Act, but has some concerns and is working with the sponsor to address these. The DSHS supports the House companion bill. The DSHS is concerned with some of the amendments that have developed on this bill as those amendments are not funded in the Governor's budget. The DSHS would be in agreement to pay for background checks for foster parents.

The DEL supports compliance with the Adam Walsh Act and the provisions supporting background checks for Working Connections Child Care providers receiving state subsidies. The DEL also supports the provisions of the bill that allow the DEL to conduct its own background checks on DEL staff who may have unsupervised access to children. The technical changes are necessary for the exchange of information with the WSP.

(Opposed) None.

Persons Testifying: Blake Chard, Department of Social and Health Services; and Peter Antolin, Department of Early Learning.

Majority Report: Do pass as amended by Committee on Appropriations and without amendment by Committee on Early Learning & Children's Services. Signed by 34 members: Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson, Buri, Chandler, Cody, Conway, Darneille, Dunn, Ericks, Fromhold, Grant, Haigh, Hinkle, Hunt, Hunter, Kagi, Kenney, Kessler, Kretz, Linville, McDermott, McDonald, McIntire, Morrell, Pettigrew, Priest, Schual-Berke, Seaquist, P. Sullivan and Walsh.

Summary of Recommendation of Committee On Appropriations Compared to Recommendation of Committee On Early Learning & Children's Services:

The bill as amended by the Appropriations Committee states that the background check work group will also examine the need for and feasibility of verifying citizenship or immigration status of persons for whom a background check is required. The bill as amended by the Appropriations Committee provides further specificity regarding the clearinghouse to be considered by the work group.

Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed. However, sections 6 and 7 of this act are null and void unless funded in the budget.

Staff Summary of Public Testimony:

(In support) We encourage passage of this bill so that the Department of Social and Health Services can implement the requirements of the federal Adam Walsh Act. We appreciate the funding in the House and Senate budgets.

(Opposed) None.

Persons Testifying: Stan Marshburn, Department of Social and Health Services.