| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Early Learning & Children's Services Committee | |
HB 2835
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 federal name-based criminal history record checks when a child is placed in out-of-home care in an emergency situation.
Sponsors: Representatives Kagi, Roberts, Loomis, Morrell, Kenney and Haigh; by request of Department of Social and Health Services.
Brief Summary of Bill |
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Hearing Date: 1/24/08
Staff: Sydney Forrester (786-7120).
Background:
Whenever a child is placed in out-of-home care by the Department of Social and Health Services
(DSHS), federal and state laws require fingerprint-based background checks be completed on all
potential caretakers in the home. In exigent circumstances, such as in the middle of the night, the
DSHS Children's Administration (CA) completes an initial background check using name and
date of birth, followed by a comprehensive fingerprint-based background check, which must be
completed within 14 days.
Federal rules allow for the delayed completion of mandatory fingerprint-based background
checks in exigent circumstances, but only if state statute also allows for the delayed submission
of fingerprints. In July 2007 the Federal Bureau of Investigation (FBI) granted Washington
temporary authority to utilize the delayed submission of fingerprints rule, conditioned on
Washington's adoption of a state statute allowing for the same process. The temporary authority
granted by the FBI expires in March 2008.
Summary of Bill:
When the CA must place a child in out-of-home care in an emergency situation, the CA shall
complete a name and date-of-birth background check on all potential caregivers in the home.
Within 14 days of receiving the results of the name and date-of-birth check, the CA must submit
a full set of each caregiver's fingerprints to the Washington State Patrol for completion of the
comprehensive background check. If any adult in the home refuses to provide fingerprints or
permission to perform the comprehensive background check, the CA must immediately remove
the child from the home.
If, based on the initial name and date-of-birth background check, a potential caregiver is
disqualified as a placement resource, the potential caregiver may contest the denial by submitting
to the CA a full set of fingerprints for purposes of completing a comprehensive background
check.
A definition of "emergency placement" is established to include those limited circumstances
when a child is placed in the home of an unlicensed caregiver, including neighbor, friend, or
relative, as a result of a sudden unavailability of the child's primary caregiver.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.