Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Human Services Committee | |
HB 1393
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.
Brief Description: Requiring record checks for developmental disabilities service providers.
Sponsors: Representatives Williams, Roach, Hurst, Green, Ormsby, Chase, VanDeWege, Kelley, Simpson and Santos.
Brief Summary of Bill |
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Hearing Date: 2/1/07
Staff: Sonja Hallum (786-7092).
Background:
The Department of Social and Health Services (Department) provides direct services to persons
with developmental disabilities and also is authorized to contract with private companies to
provide services to such persons. The Department is required to investigate the criminal records,
pending charges, and disciplinary board records of the Department employees as well as
individual providers who have regularly scheduled unsupervised access to persons with
developmental disabilities.
If an applicant seeking employment has lived in the state for the previous three consecutive
years, the criminal history check of the applicant will include a check through the Washington
State Patrol using the individual's name and date of birth. This reveals the individual's full
criminal history within the state along with information on arrests within the last year,
detentions, and other criminal charges and dispositions.
Any applicant who has not lived in the state over the past three consecutive years is required to
have a fingerprint background check submitted through the Federal Bureau of Investigation
(FBI). This provides criminal history and pending charges information from a national database
and will include information from other states, in addition to Washington.
Summary of Bill:
The Department is required to conduct both a Washington State Patrol background check and a
fingerprint check through the FBI on all persons who provide services through the Department
who will have unsupervised access to persons with developmental disabilities.
The records check report must be provided to the individual being checked. Persons may be
hired on a conditional basis pending completion of the investigation, and if a records check has
been completed within the previous two years, the agency may waive the requirement.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.