| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Early Learning & Children's Services Committee | |
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.
Brief Description: Revising background check processes.
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).
Brief Summary of Engrossed Substitute Bill |
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Hearing Date: 3/23/07
Staff: Sydney Forrester (786-7120).
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-request legislation.
Summary of Bill:
The DSHS is directed to conduct fingerprint background checks for all persons seeking to be
foster parents, adoptive parents, kinship and kinship-like caregivers, and other adults living in
these homes, as required by the federal Adam Walsh Act.
The DSHS also is required to confirm the citizenship status of anyone who will have
unsupervised access or provide services to juveniles, vulnerable adults, or children and who is:
(1) applying for a license or certification from the DSHS;
(2) seeking a contract with the DSHS or a service provider;
(3) applying for employment, promotion, reallocation, or transer;
(4) being hired by a client or guardian of a client of the DSHS to provide services for which the
DSHS may provide payment; or
(5) applying to work in a department-covered position.
The DSHS is directed to convene a workgroup to research state and federal laws regarding
background checks. The workgroup will include representatives of DSHS, the Department of
Early Learning, the Office of the Superintendent of Public Instruction, the Department of
Licensing, the Washington State Patrol, 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 work group 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.
Appropriation: None.
Fiscal Note: Requested on March 22, 2007.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.