BILL REQ. #: Z-0550.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/31/2007. Referred to Committee on Human Services & Corrections.
AN ACT Relating to background check requirements for the department of social and health services and the department of early learning; amending RCW 26.33.190, 26.44.030, 41.06.475, 43.43.830, 43.43.832, 43.43.842, 70.128.120, 70.128.130, 70.129.130, 71.09.115, 71.09.300, and 72.23.035; reenacting and amending RCW 74.15.030; adding a new chapter to Title 43 RCW; creating a new section; repealing RCW 41.06.476, 43.20A.710, 41.06.480, and 72.05.440; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(1) "Applicant" means a current or prospective department or
service provider employee, volunteer, student, intern, researcher,
contractor, or any other individual who will or may have unsupervised
access because of the nature of the work or services he or she
provides. "Applicant" includes but is not limited to any individual
that will or may have unsupervised access and is:
(a) Applying for a license or certification from the department;
(b) Seeking a contract with the department or a service provider;
(c) Applying for employment, promotion, reallocation, or transfer;
(d) An individual that a department client or guardian of a
department client chooses to hire or engage to provide services to
himself or herself or another vulnerable adult, juvenile, or child and
who might be eligible to receive payment from the department for
services rendered; or
(e) A department applicant who will or may work in a
department-covered position.
(2) "Authorized" means the department grants an applicant, home, or
facility permission to:
(a) Conduct licensing, certification, or contracting activities;
(b) Have unsupervised access to vulnerable adults, juveniles, and
children;
(c) Receive payments from a department program; or
(d) Work or serve in a department-covered position.
(3) "Background check or investigation" means obtaining and
reviewing existing records, files, documents, databases, other sources
of tangible information, or background information disclosed by an
applicant or service provider under this chapter. "Background check"
may include a fingerprint-based background check conducted by the
Washington state patrol or federal bureau of investigation.
(4) "Background information" means the information obtained during
the background check conducted under this chapter to determine whether
an applicant or service provider must be disqualified; lacks the
character, competence, and suitability to have unsupervised access; or
is not eligible for payment from the department for services rendered.
(5) "Certified" means a determination by the department that a
person, home, or facility that is not required by law to be licensed
has met the applicable statutory or regulatory minimum licensing
requirements.
(6) "Character, competence, and suitability" means the personal and
professional capability of an applicant or service provider to have
unsupervised access. An assessment of "character, competence, and
suitability" includes disqualifying offenses, and may include any other
information indicating that an applicant or service provider does not
have the personal or professional capability to have unsupervised
access.
(7) "Children" and "youth" are used interchangeably in this chapter
to mean:
(a) A child or youth who is under the care of a legal guardian,
custodian, or the department, including individuals under eighteen
years of age;
(b) Any person eighteen to twenty-one years of age to whom the
department is providing continued foster care pursuant to chapter 74.15
RCW; or
(c) An individual with a developmental disability up to twenty-one
years of age.
(8) "Conviction" means the outcome of a criminal charge in which an
adult or juvenile has been found guilty of a crime, pled guilty to a
crime, or pled no contest resulting in a court finding of guilty.
(9) "Crimes relating to drugs" means a conviction of a crime of
manufacture, delivery, or possession with intent to manufacture or
deliver a controlled substance.
(10) "Criminal history" means criminal history record information,
nonconviction data, conviction record, or disposition as defined in RCW
10.97.030.
(11) "Department" means the department of social and health
services.
(12) "Department-covered position" means any position within the
department in which a current or prospective department employee,
volunteer, student, or intern will or may have unsupervised access.
(13) "Disqualified" or "disqualifying" means, after considering the
applicant or service provider's background information or character,
competence, and suitability, it is determined that he or she is not
allowed unsupervised access or is not eligible for payment from the
department for services rendered.
(14) "Juvenile" means a juvenile offender under the jurisdiction of
juvenile rehabilitation administration or a youthful offender under the
jurisdiction of the department of corrections who is placed in a
juvenile rehabilitation administration facility.
(15) "License" means authorized by the department to provide
services after meeting minimum licensing requirements.
(16) "Negative action" means a written decision, finding, or
action, regardless of any applicable ongoing appeal process, made or
taken by an authorized judicial, administrative, or governmental entity
against an applicant or service provider for any matter involving:
(a) Dishonesty including but not limited to deliberate
falsification of business records, theft, deliberate deception, or
lying;
(b) Civil adjudication proceeding finding of, or upholding an
agency finding of, domestic violence, abuse, sexual abuse, neglect,
abandonment, exploitation, financial exploitation, or misappropriation
of resident funds or property, under any applicable chapter including
but not limited to chapters 13.34, 18.51, 18.130, 26.44, 26.50, 74.34,
and 74.42 RCW, or rules adopted under these or other applicable
chapters;
(c) Domestic violence, unlawful harassment, sexual assault, or any
other type of harassment or assault offense involving a vulnerable
adult, juvenile, or child, which results in a protection order being
issued against the perpetrator;
(d) Termination, revocation, suspension, restriction, or denial of
a license, professional license, certification, or contract by a
governmental entity for a matter that relates to the character,
competence, and suitability of an applicant or service provider to have
unsupervised access;
(e) A department of health disciplining authority final decision
including but not limited to unprofessional conduct relating to the
following actions:
(i) Sexual misconduct;
(ii) Abuse, neglect, exploitation, or financial exploitation of
anyone who is not considered vulnerable;
(iii) Practicing without a license; or
(iv) Practicing outside of licensed authority;
(f) Adult protective services, resident protection, or supported
living program final finding;
(g) Child protective services final finding; or
(h) Federal government finding that if such applicant or service
provider were licensed, certified, employed, volunteered, issued a
contract, authorized to receive payment, or authorized to have
unsupervised access, the receipt of federal funds by the state could be
jeopardized. "Negative action" includes all written findings,
decisions, or actions that become final due to the failure of the
alleged perpetrator to timely exercise a legal right to appeal a
negative action made or taken by an authorized judicial,
administrative, or governmental entity.
(17) "Offense" means any background information, criminal history,
conviction, negative action, or pending matter covered under this
chapter that will or may cause an applicant or service provider to be
disqualified from having unsupervised access.
(18) "Payment" means money the department directly pays to an
applicant or service provider for providing services to department
clients who are vulnerable adults, juveniles, or children.
(19) "Pending matter" means an arrest, charge, or written
allegation by a judicial, administrative, or governmental entity
relating to an offense that, when final, may lead to a determination
that an applicant or service provider must be disqualified pursuant to
this chapter, and has not yet been decided by an authorized judicial,
administrative, or governmental entity. "Pending matter" may include
an ongoing investigation without a charge or allegation. "Pending
matter" does not include the applicable ongoing appeal period, if any.
(20) "Protection order" means any protective, no-contact, or
restraining order against an applicant or service provider, issued by
an authorized judicial, administrative, or governmental entity after a
hearing, because of domestic violence, unlawful harassment, sexual
assault, or any other type of harassment or assault offense involving
a victim that is a vulnerable adult, juvenile, or child. "Protection
order" does not include any temporary protection, no-contact, or
restraining order that a requesting party obtains prior to notice and
hearing being given to the alleged perpetrator.
(21) "Result" means the outcome of a background check.
(22) "Secretary" means the secretary of the department of social
and health services.
(23) "Secure facility" has the meaning provided in RCW 71.09.020.
(24) "Service provider" means entities, facilities, agencies,
businesses, or individuals who are licensed, certified, authorized, or
regulated by, receive payment from, or have contracts or agreements
with, the department to provide services to vulnerable adults,
juveniles, or children. "Service provider" includes individuals whom
a department client or guardian of a department client may choose to
hire or engage to provide services to themselves or another vulnerable
adult, juvenile, or child and who might be eligible to receive payment
from the department for services rendered. "Service provider" does not
include those certified under chapter 70.96A RCW.
(25) "Unsupervised access" means working with or being in the
presence of vulnerable adults, juveniles, or children out of sight of:
(a) Another applicant or service provider who has passed a
background check; or
(b) A parent, relative, or guardian.
(26) "Vulnerable adult" means an adult who is:
(a) Vulnerable as defined in chapter 74.34 RCW;
(b) Sixty years of age or older who has the functional, mental, or
physical inability to care for himself or herself;
(c) Found incapacitated under chapter 11.88 RCW;
(d) Developmentally disabled as defined under RCW 71A.10.020;
(e) Admitted to any facility operated by the department;
(f) Receiving services from applicants or department service
providers; or
(g) Receiving services through home health, hospice, or home care
agencies required to be licensed under chapter 70.127 RCW.
"Vulnerable adult" does not include: Individuals receiving
services under chapter 70.96A RCW unless they have been admitted to a
detoxification facility or detained or committed to a chemical
dependency treatment facility certified under chapter 70.96A RCW; or
juveniles between eighteen and twenty-one years of age who are under
the jurisdiction of the juvenile rehabilitation administration or the
department of corrections.
NEW SECTION. Sec. 2
(1) The secretary may require applicants or service providers to
obtain and provide background information, and the secretary may accept
background information provided by outside entities or persons. The
secretary shall obtain or require the applicant or service provider to
obtain and provide background information relating to criminal history,
convictions, negative actions, offenses, and pending matters as defined
in section 1 of this act, and any out-of-state equivalent when:
(a) Licensing, certifying, contracting, subcontracting, regulating,
authorizing receipt of payments from the department, or authorizing
applicants or service providers, who will or may have unsupervised
access;
(b) Contracting with applicants or service providers for in-home
services, case management, care, supervision, or treatment of
vulnerable adults, juveniles, or children;
(c) Obtaining or causing to be obtained the background information
of applicants or service providers, including providers paid by home
care agencies for services, and their employees, volunteers, interns,
and other persons, who will or may have unsupervised access;
(d) Authorizing unsupervised access for department applicants who
may work in a department-covered position, including but not limited
to:
(i) Positions that conduct comprehensive assessments, financial
eligibility determinations, licensing certification, contract and
fiscal activities, investigations, surveys, or case management; or
(ii) Positions otherwise required by federal law to meet employment
standards.
(2) Department employees hired prior to the effective date of this
section shall:
(a) Retain their department-covered position unless any background
check performed after the effective date of this section reveals
disqualifying background information that was not identified in a
previous background check. If the new disqualifying background
information is identified in a background check performed after the
effective date of this section, the department employee may not retain
his or her department-covered position;
(b) Be subject to the standards and rules developed for all
department applicants under this chapter if they are reallocated from
their current department-covered position or are laid off, transferred,
promoted, or demoted into a different department-covered position.
(3) In-home care service providers licensed under chapter 70.127
RCW may request background information from the department for
applicants or service providers who may have unsupervised access to
vulnerable adults. The department may provide background information
relating to any offense covered in this chapter to in-home care service
providers licensed under chapter 70.127 RCW.
(4) The secretary may require in-home care applicants or service
providers to pay all costs associated with performing the services
specified in subsection (3) of this section.
NEW SECTION. Sec. 3
(a) Require specific procedures and action when disqualifying
background information is discovered by the department or by service
providers who conduct background investigations as required under this
chapter; and
(b) Regulate the release of background information as defined in
section 1 of this act.
(2) The secretary and service providers may consider background
information from any jurisdiction including but not limited to in-state, national, international, out-of-state, and any equivalent
background information for any offense covered under this chapter to
determine the character, competence, and suitability of applicants or
service providers.
(3) The secretary shall adopt rules regarding applicants or service
providers that provide in-home care services under contract with the
department. The rules must include permanent disqualification for a
record of a conviction of a crime relating to drugs as defined in
section 1 of this act when in-home care is provided through:
(a) Medicaid personal care under RCW 74.09.520;
(b) Community options program entry system waiver services under
RCW 74.39A.030;
(c) Chore services under RCW 74.39A.110; or
(d) Other home and community long-term care programs, established
under chapters 74.39 and 74.39A RCW, administered by the department.
(4) A department client, or his or her legal guardian, who is
directly hiring or engaging an applicant or service provider must be
given background information to determine the character, competence,
and suitability of the applicant or service provider.
(5) A department client, or his or her legal guardian, may choose
to hire or retain an applicant or service provider after receiving
notice from the department of a disqualifying offense; however the
secretary shall deny payment for any subsequent services rendered by
the disqualified applicant or service provider. The client does not
have a right to a fair hearing under chapter 34.05 RCW and RCW
74.39A.095 for the department's denial of payment based on
disqualifying offenses.
(6) The secretary shall adopt rules regarding current and
prospective department applicants in department-covered positions and
shall include requirements to:
(a) Conduct an initial background check and any additional
background check including rechecks under section 6 of this act;
(b) Assess background check results by applying the standards set
out in this chapter;
(c) Review background check results for up to three applicants
under final consideration for a department-covered position;
(d) Specify when a conditional appointment of an applicant is
allowed;
(e) Specify when and how a department position that is not a
covered position is changed to a covered position;
(f) Address any appeal rights; and
(g) Conduct fingerprint-based background checks as allowed under
state or federal law.
NEW SECTION. Sec. 4
(2) After a background check has been completed, the applicant or
service provider is under a continuing obligation to disclose any
subsequent offenses within seven calendar days of the subsequent
offense.
(3) Service providers must disclose subsequent offenses as required
in subsections (1) and (2) of this section to the department staff
responsible to license, certify, contract, authorize, regulate, or
monitor services.
(4) Service providers and applicants subject to this chapter must
disclose subsequent offenses as required in subsections (1) and (2) of
this section to the responsible service provider.
(5) Department applicants in department-covered positions must
disclose subsequent offenses as required in subsections (1) and (2) of
this section to the department hiring authority.
(6) Upon receipt of a report of subsequent offenses as required
under subsections (1) and (2) of this section, the responsible
department staff, department hiring authority, and service provider
must:
(a) Require the subject of the disclosure to undergo another
background check; and
(b) Assess the background check result using the standards or rules
adopted under this chapter.
(7) Failure of an applicant or service provider to disclose
subsequent offenses as required in this section constitutes misconduct
under Title 50 RCW.
(8) Failure of a department applicant in a covered position to
disclose as required in subsection (5) of this section is cause for
disciplinary action.
NEW SECTION. Sec. 5
(a) Is an applicant or service provider providing services to
children or people with developmental disabilities under RCW 74.15.030;
(b) Is an individual residing in an applicant or service provider's
home, facility, entity, agency, or business or who is authorized by the
department to provide services to children or people with developmental
disabilities under RCW 74.15.030; or
(c) Is an applicant or service provider providing in-home services
funded by:
(i) Medicaid personal care under RCW 74.09.520;
(ii) Community options program entry system waiver services under
RCW 74.39A.030;
(iii) Chore services under RCW 74.39A.110; or
(iv) Other home and community long-term care programs, established
pursuant to chapters 74.39 and 74.39A RCW, administered by the
department.
(2) The secretary shall require a fingerprint-based background
check through the Washington state patrol identification and criminal
history section and the federal bureau of investigation when the
department seeks to approve an applicant or service provider for a
foster or adoptive placement of children in accordance with federal and
state law.
(3) Any secure facility operated by the department under chapter
71.09 RCW shall require applicants and service providers to undergo a
fingerprint-based background check through the Washington state patrol
identification and criminal history section and the federal bureau of
investigation.
(4) Service providers and service provider applicants who are
required to complete a fingerprint-based background check may be hired
for a one hundred twenty-day provisional period as allowed under law or
program rules when:
(a) A fingerprint-based background check is pending; and
(b) The applicant or service provider is not disqualified based on
the immediate result of the background check.
(5) Fees charged by the Washington state patrol and the federal
bureau of investigation for fingerprint-based background checks shall
be paid by the department for applicants or service providers
providing:
(a) Services to people with a developmental disability under RCW
74.15.030;
(b) In-home services funded by medicaid personal care under RCW
74.09.520;
(c) Community options program entry system waiver services under
RCW 74.39A.030;
(d) Chore services under RCW 74.39A.110;
(e) Services under other home and community long-term care
programs, established pursuant to chapters 74.39 and 74.39A RCW,
administered by the department;
(f) Services in, or to residents of, a secure facility under RCW
71.09.115; and
(g) Foster care when fees create a hardship as required under RCW
74.15.030.
(6) Service providers licensed under RCW 74.15.030 must pay fees
charged by the Washington state patrol and the federal bureau of
investigation for conducting fingerprint-based background checks.
(7) Children's administration service providers licensed under RCW
74.15.030 may not pass on the cost of the background check fees to
their applicants unless the individual is determined to be disqualified
due to the background information.
(8) The department shall develop rules identifying the financial
responsibility of service providers, applicants, and the department for
paying the fees charged by law enforcement to roll, print, or scan
fingerprints-based for the purpose of a Washington state patrol or
federal bureau of investigation fingerprint-based background check.
NEW SECTION. Sec. 6
(a) For renewal of a license, contract, certification, or
authorization for applicants or service providers;
(b) When there is reason to believe, or it is reported, that an
offense identified in section 7 or 8 of this act may have occurred
subsequent to the applicant's or service provider's last background
check;
(c) At two-year intervals from the date of the last background
check for department applicants in department-covered positions;
(d) When a department applicant is seeking a department-covered
position because of a layoff, reallocation, transfer, promotion, or
demotion.
(2) For any background information released under this chapter by
the state, its agencies, or its employees, the state does not provide
any assurance that the applicant or service provider:
(a) Does not have convictions, criminal history, negative actions,
pending matters, or offenses covered under this chapter; and
(b) Is suitable for unsupervised access or employment by any
department client, guardian, individual, service provider, contractor,
employer, governmental entity, or any other entity.
(3) The state of Washington, its agencies, and its employees are
not liable for defamation, invasion of privacy, negligence, or any
other claim in connection with any lawful dissemination of information
under this chapter.
(4) Nothing in this chapter limits or restricts the ability of the
department to obtain or consider additional background information as
allowed under state or federal law.
NEW SECTION. Sec. 7
(a) Abandonment of a dependent person first degree (RCW 9A.42.060);
(b) Abandonment of a dependent person second degree (RCW
9A.42.070);
(c) Abandonment of a dependent person third degree (RCW 9A.42.080);
(d) Arson first degree (RCW 9A.48.020);
(e) Arson second degree (RCW 9A.48.030);
(f) Assault first degree (RCW 9A.36.011);
(g) Assault second degree (RCW 9A.36.021);
(h) Assault of a child first degree (RCW 9A.36.120);
(i) Assault of a child second degree (RCW 9A.36.130);
(j) Assault of a child third degree (RCW 9A.36.140);
(k) Bail jumping (RCW 9A.76.170) for any crime listed in this
section;
(l) Burglary first degree (RCW 9A.52.020);
(m) Child molestation first degree (RCW 9A.44.083);
(n) Child molestation second degree (RCW 9A.44.086);
(o) Child molestation third degree (RCW 9A.44.089);
(p) Child selling/child buying (RCW 9A.64.030);
(q) Communication with minor for immoral purposes (RCW 9.68A.090);
(r) Controlled substances homicide (RCW 69.50.415);
(s) Criminal attempt (RCW 9A.28.020) for any crime listed in this
section;
(t) Criminal conspiracy (RCW 9A.28.040) for any crime listed in
this section;
(u) Criminal mistreatment first degree (RCW 9A.42.020);
(v) Criminal mistreatment second degree (RCW 9A.42.030);
(w) Criminal mistreatment third degree (RCW 9A.42.035);
(x) Criminal mistreatment fourth degree (RCW 9A.42.037);
(y) Criminal solicitation (RCW 9A.28.030) for any crime listed in
this section;
(z) Custodial interference first degree (RCW 9A.40.060);
(aa) Custodial sexual misconduct first degree (RCW 9A.44.160);
(bb) Custodial sexual misconduct second degree (RCW 9A.44.170);
(cc) Dealing in depictions of a minor engaged in sexually explicit
conduct (RCW 9.68A.050);
(dd) Domestic Violence (RCW 10.99.020(5)) felonies;
(ee) Drive-by shooting (RCW 9A.36.045);
(ff) Endangerment with a controlled substance (RCW 9A.42.100);
(gg) Extortion first degree (RCW 9A.56.120);
(hh) False statements (RCW 74.09.250);
(ii) Harassment (RCW 9A.46.020) felonies;
(jj) Homicide by abuse (RCW 9A.32.055);
(kk) Homicide by watercraft (RCW 79A.60.050);
(ll) Incendiary devices (RCW 9.40.120);
(mm) Incest (RCW 9A.64.020);
(nn) Indecent exposure (RCW 9A.88.010) felony;
(oo) Indecent liberties (RCW 9A.44.100);
(pp) Kidnapping first degree (RCW 9A.40.020);
(qq) Kidnapping second degree (RCW 9A.40.030);
(rr) Leading organized crime (RCW 9A.82.060);
(ss) Leaving a child in the care of a sex offender (RCW 9A.42.110);
(tt) Luring (RCW 9A.40.090);
(uu) Malicious explosion of a substance first degree (RCW
70.74.280(1));
(vv) Malicious explosion of a substance second degree (RCW
70.74.280(2));
(ww) Malicious harassment (RCW 9A.36.080);
(xx) Malicious placement of an explosive first degree (RCW
70.74.270(1));
(yy) Manslaughter first degree (RCW 9A.32.060);
(zz) Manslaughter second degree (RCW 9A.32.070);
(aaa) Murder first degree (RCW 9A.32.030);
(bbb) Murder second degree (RCW 9A.32.050);
(ccc) Patronizing a juvenile prostitute (RCW 9.68A.100);
(ddd) Possession of depictions of minor engaged in sexually
explicit conduct (RCW 9.68A.070);
(eee) Rape first degree (RCW 9A.44.040);
(fff) Rape second degree (RCW 9A.44.050);
(ggg) Rape third degree (RCW 9A.44.060);
(hhh) Rape of a child first degree (RCW 9A.44.073);
(iii) Rape of a child second degree (RCW 9A.44.076);
(jjj) Rape of a child third degree (RCW 9A.44.079);
(kkk) Robbery first degree (RCW 9A.56.200);
(lll) Robbery second degree (RCW 9A.56.210);
(mmm) Selling or distributing erotic material to a minor (RCW
9.68.060);
(nnn) Sending, bringing into state depictions of a minor engaged in
sexually explicit conduct (RCW 9.68A.060);
(ooo) Sexual exploitation of a minor (RCW 9.68A.040);
(ppp) Sexual misconduct with a minor first degree (RCW 9A.44.093);
(qqq) Sexual misconduct with a minor second degree (RCW 9A.44.096);
(rrr) Sexually violating human remains (RCW 9A.44.105);
(sss) Unlawful practices--Obtaining assistance (RCW 74.08.331);
(ttt) Use of a machine gun in felony (RCW 9.41.225);
(uuu) Vehicular assault (RCW 46.61.522);
(vvv) Vehicular homicide (negligent homicide)(RCW 46.61.520);
(www) Violation of civil antiharassment protection order (RCW
10.14.170);
(xxx) Violation of protection, contact, or restraining order (RCW
9A.46.020, 10.99.040, and 26.50.110);
(yyy) Violation of registration of sex offenders and kidnapping
offenders (RCW 9A.44.130); and
(zzz) Voyeurism (RCW 9A.44.115).
(2) Any applicant or service provider who has been ordered by a
court to register as a sex offender is permanently disqualified.
(3) A conviction for any felony sex offense, and any conviction for
a crime with a special court finding of sexual motivation, is
permanently disqualifying.
(4) Any conviction for a violent offense, as defined in RCW
9.94A.030, is permanently disqualifying.
(5) All applicants and service providers that provide in-home care
services under contract with the department who have been convicted of
crimes related to drugs as defined in section 1 of this act are
permanently disqualified.
(6) An applicant or service provider who has a pending matter for
an offense that appears in this section must not be allowed
unsupervised access until a final determination is made by the
authorized judicial entity, administrative, or governmental entity.
(7) Permanently disqualifying negative actions as defined in
section 1 of this act include the following:
(a) A child protective services finding of abuse, neglect, sexual
abuse, abandonment, exploitation, misappropriation of funds or
property, or financial exploitation of a juvenile or child;
(b) An adult protective services, resident protection, or
supportive living program finding of abuse, neglect, sexual abuse,
abandonment, exploitation, misappropriation of funds or property, or
financial exploitation of a vulnerable adult;
(c) A department of health disciplining authority final decision of
abuse, neglect, sexual abuse, abandonment, exploitation, financial
exploitation, or misappropriation of funds or property of a vulnerable
adult, juvenile, or child;
(d) Termination, revocation, suspension, restriction, or denial of
a license, contract, certification, or authorization of unsupervised
access based on a finding of abuse, neglect, sexual abuse, abandonment,
exploitation, financial exploitation, or misappropriation of funds or
property of a vulnerable adult, juvenile, or child.
(8) An applicant or service provider who has a pending matter for
an offense that appears in this section must not be allowed
unsupervised access to vulnerable adults, juveniles, or children until
a final determination regarding the pending matter is made by the
authorized judicial, administrative, or governmental entity. Nothing
in this chapter precludes the hiring or selection of an applicant or
service provider that has a matter pending under this section into
positions that do not require unsupervised access.
(9) An applicant or service provider may not be disqualified based
on a:
(a) Conviction that has been vacated under RCW 9.94A.640 or
9.96.060, expunged, or pardoned; or
(b) A negative action that has been reversed, removed, or dismissed
by an authorized judicial, administrative, or governmental entity.
(10) Permanently disqualifying crimes and negative actions include
any future renamed or reclassified crime or negative action in the same
category and any equivalent out-of-state or federal crime or negative
action.
NEW SECTION. Sec. 8
(a) Assault third degree (RCW 9A.36.031);
(b) Assault fourth degree (RCW 9A.36.041);
(c) Bail jumping (RCW 9A.76.170) for any crime listed in this
section;
(d) Burglary second degree (RCW 9A.52.030);
(e) Coercion (RCW 9A.36.070);
(f) Criminal attempt (RCW 9A.28.020) for any crime listed in this
section;
(g) Criminal conspiracy (RCW 9A.28.040) for any crime listed in
this section;
(h) Criminal solicitation (RCW 9A.28.030) for any crime listed in
this section;
(i) Custodial assault (RCW 9A.36.100);
(j) Custodial interference second degree (RCW 9A.40.070);
(k) Extortion second degree (RCW 9A.56.130);
(l) Forgery (RCW 9A.60.020);
(m) Harassment (RCW 9A.46.020) not felonies;
(n) Indecent exposure (RCW 9A.88.010) misdemeanor and gross
misdemeanor;
(o) Identity theft (RCW 9.35.020);
(p) Malicious explosion of a substance third degree (RCW
70.74.280(3));
(q) Malicious mischief first degree (RCW 9A.48.070);
(r) Malicious mischief second degree (RCW 9A.48.080);
(s) Malicious mischief third degree (RCW 9A.48.090);
(t) Malicious placement of an explosive second degree (RCW
70.74.270(2));
(u) Malicious placement of an explosive third degree (RCW
70.74.270(3));
(v) Malicious placement of an imitation device first degree (RCW
70.74.272);
(w) Patronizing a prostitute (RCW 9A.88.110);
(x) Possession of an explosive device (RCW 70.74.022);
(y) Promoting pornography class C felonies (RCW 9.68.140);
(z) Promoting prostitution first degree (RCW 9A.88.070);
(aa) Promoting prostitution second degree (RCW 9A.88.080);
(bb) Promoting suicide attempt (RCW 9A.36.060);
(cc) Prostitution (RCW 9A.88.030);
(dd) Reckless endangerment (RCW 9A.36.050);
(ee) Residential burglary (RCW 9A.52.025);
(ff) Stalking (RCW 9A.46.110);
(gg) Theft first degree other than a firearm (RCW 9A.56.030);
(hh) Theft second degree other than a firearm (RCW 9A.56.040);
(ii) Theft third degree (RCW 9A.56.050);
(jj) Theft of a firearm (RCW 9A.56.300);
(kk) Unlawful imprisonment (RCW 9A.40.040);
(ll) Unlawful use of building for drug purposes (RCW 69.53.010);
(mm) Violation of the imitation drug act - manufacture, delivery,
or possession with intent to manufacture or deliver an imitation drug
(chapter 69.52 RCW);
(nn) Violation of the legend drug act - manufacture, delivery, or
possession with intent to manufacture or deliver without a prescription
(chapter 69.41 RCW);
(oo) Violation of the precursor drug act - manufacture, delivery,
or possession with intent to manufacture or deliver a precursor drug
(chapter 69.43 RCW); and
(pp) Violation of the uniform controlled substances act -
manufacture, delivery, or possession with intent to manufacture or
deliver a controlled substance (chapter 69.50 RCW).
(2) An applicant or service provider who has a department of health
disciplining authority decision of unprofessional conduct must not be
allowed unsupervised access to vulnerable adults, juveniles, or
children for five years from the date of the department of health final
order of:
(a) Sexual misconduct;
(b) Abuse, neglect, exploitation, or financial exploitation of
anyone who is not considered vulnerable;
(c) Practicing without a license; or
(d) Practicing outside of licensed authority.
(3) An applicant or service provider who has a protection order
issued against them must not be allowed unsupervised access to
vulnerable adults, juveniles, or children during the period of time the
order is in effect.
(4) If a conviction for any crime in this section has a special
court finding of sexual motivation, a sex crime, the crime becomes a
disqualifying conviction regardless of the amount of time that has
passed.
(5) An applicant or service provider may still be disqualified from
unsupervised access as the result of an assessment of character,
competence, and suitability of the applicant or service provider. The
decision to disqualify may include but is not limited to:
(a) Number, type, or pattern of offenses regardless of the number
of years that have passed;
(b) Offenses not identified in this chapter that a service
provider, parent, guardian, relative, or the department reasonably
determines relates to the character, competence, and suitability of an
applicant or service provider to perform the duties of the position;
(c) Number, type, or pattern of pending matters; and
(d) The written policies of the hiring service provider.
(6) Negative actions shall be considered in the assessment of an
applicant or service provider's character, competence, and suitability
to have unsupervised access to vulnerable adults, juveniles, or
children. The negative actions that are potentially disqualifying
include:
(a) A termination, demotion, disallowance, prohibition,
disapproval, cancellation, revocation, rejection, or other negative
action against an applicant or service provider because of matters
involving dishonesty including but not limited to deliberate
falsification of business records, theft, deliberate deception, and
lying;
(b) Any finding by the state or federal government that, if such
applicant or service provider were licensed, certified, employed,
volunteered, receiving payment from the department, issued a contract,
or authorized to have unsupervised access, the receipt of federal funds
could be jeopardized; or
(c) Termination, revocation, suspension, restriction, or denial of
a license, certification, professional license, or contract by a
governmental entity for any matter that relates to the character,
competence, and suitability of an applicant or service provider to have
unsupervised access.
(7) An applicant or service provider who has a pending matter for
an offense that appears in this section must not be allowed
unsupervised access until a final determination regarding the pending
matter is made by the authorized judicial, administrative, or
governmental entity. Nothing in this chapter precludes the hiring or
selection of an applicant or service provider that has a matter pending
under this section into positions that do not require unsupervised
access.
(8) Time-limited and potentially disqualifying offenses include any
offenses that are renamed or reclassified in the future and any
equivalent out-of-state or federal offenses.
NEW SECTION. Sec. 9
Sec. 10 RCW 26.33.190 and 1991 c 136 s 3 are each amended to read
as follows:
(1) Any person may at any time request an agency, the department,
an individual approved by the court, or a qualified salaried court
employee to prepare a preplacement report. A certificate signed under
penalty of perjury by the person preparing the report specifying his or
her qualifications as required in this chapter shall be attached to or
filed with each preplacement report and shall include a statement of
training or experience that qualifies the person preparing the report
to discuss relevant adoption issues. A person may have more than one
preplacement report prepared. All preplacement reports shall be filed
with the court in which the petition for adoption is filed.
(2) The preplacement report shall be a written document setting
forth all relevant information relating to the fitness of the person
requesting the report as an adoptive parent. The report shall be based
on a study which shall include an investigation of the home
environment, family life, health, facilities, and resources of the
person requesting the report. The report shall include a list of the
sources of information on which the report is based. The report shall
include a recommendation as to the fitness of the person requesting the
report to be an adoptive parent. The report shall also verify that the
following issues were discussed with the prospective adoptive parents:
(a) The concept of adoption as a lifelong developmental process and
commitment;
(b) The potential for the child to have feelings of identity
confusion and loss regarding separation from the birth parents;
(c) Disclosure of the fact of adoption to the child;
(d) The child's possible questions about birth parents and
relatives; and
(e) The relevance of the child's racial, ethnic, and cultural
heritage.
(3) All preplacement reports shall include ((an investigation)) a
background check of the conviction records, pending charges, or
disciplinary board final decisions of prospective adoptive parents.
The ((investigation)) background check shall include an examination of
state and national criminal identification data provided by the
Washington state patrol criminal identification system ((as described
in chapter 43.43 RCW)) including, but not limited to, a fingerprint-
based background check of national crime information databases for any
person being investigated. It shall also include a review of any child
abuse and neglect history of any adult living in the prospective
adoptive parents' home. The background check of the child abuse and
neglect history shall include a review of the child abuse and neglect
registries of all states in which the prospective adoptive parents or
any other adult living in the home have lived during the five years
preceding the date of the preplacement report.
(4) An agency, the department, or a court approved individual may
charge a reasonable fee based on the time spent in conducting the study
and preparing the preplacement report. The court may set a reasonable
fee for conducting the study and preparing the report when a court
employee has prepared the report. An agency, the department, a court
approved individual, or the court may reduce or waive the fee if the
financial condition of the person requesting the report so warrants.
An agency's, the department's, or court approved individual's, fee is
subject to review by the court upon request of the person requesting
the report.
(5) The person requesting the report shall designate to the agency,
the department, the court approved individual, or the court in writing
the county in which the preplacement report is to be filed. If the
person requesting the report has not filed a petition for adoption, the
report shall be indexed in the name of the person requesting the report
and a cause number shall be assigned. A fee shall not be charged for
filing the report. The applicable filing fee may be charged at the
time a petition governed by this chapter is filed. Any subsequent
preplacement reports shall be filed together with the original report.
(6) A copy of the completed preplacement report shall be delivered
to the person requesting the report.
(7) A person may request that a report not be completed. A
reasonable fee may be charged for the value of work done.
Sec. 11 RCW 26.44.030 and 2005 c 417 s 1 are each amended to read
as follows:
(1)(a) When any practitioner, county coroner or medical examiner,
law enforcement officer, professional school personnel, registered or
licensed nurse, social service counselor, psychologist, pharmacist,
licensed or certified child care providers or their employees, employee
of the department, juvenile probation officer, placement and liaison
specialist, responsible living skills program staff, HOPE center staff,
or state family and children's ombudsman or any volunteer in the
ombudsman's office has reasonable cause to believe that a child has
suffered abuse or neglect, he or she shall report such incident, or
cause a report to be made, to the proper law enforcement agency or to
the department as provided in RCW 26.44.040.
(b) When any person, in his or her official supervisory capacity
with a nonprofit or for-profit organization, has reasonable cause to
believe that a child has suffered abuse or neglect caused by a person
over whom he or she regularly exercises supervisory authority, he or
she shall report such incident, or cause a report to be made, to the
proper law enforcement agency, provided that the person alleged to have
caused the abuse or neglect is employed by, contracted by, or
volunteers with the organization and coaches, trains, educates, or
counsels a child or children or regularly has unsupervised access to a
child or children as part of the employment, contract, or voluntary
service. No one shall be required to report under this section when he
or she obtains the information solely as a result of a privileged
communication as provided in RCW 5.60.060.
Nothing in this subsection (1)(b) shall limit a person's duty to
report under (a) of this subsection.
For the purposes of this subsection, the following definitions
apply:
(i) "Official supervisory capacity" means a position, status, or
role created, recognized, or designated by any nonprofit or for-profit
organization, either for financial gain or without financial gain,
whose scope includes, but is not limited to, overseeing, directing, or
managing another person who is employed by, contracted by, or
volunteers with the nonprofit or for-profit organization.
(ii) "Regularly exercises supervisory authority" means to act in
his or her official supervisory capacity on an ongoing or continuing
basis with regards to a particular person.
(c) The reporting requirement also applies to department of
corrections personnel who, in the course of their employment, observe
offenders or the children with whom the offenders are in contact. If,
as a result of observations or information received in the course of
his or her employment, any department of corrections personnel has
reasonable cause to believe that a child has suffered abuse or neglect,
he or she shall report the incident, or cause a report to be made, to
the proper law enforcement agency or to the department as provided in
RCW 26.44.040.
(d) The reporting requirement shall also apply to any adult who has
reasonable cause to believe that a child who resides with them, has
suffered severe abuse, and is able or capable of making a report. For
the purposes of this subsection, "severe abuse" means any of the
following: Any single act of abuse that causes physical trauma of
sufficient severity that, if left untreated, could cause death; any
single act of sexual abuse that causes significant bleeding, deep
bruising, or significant external or internal swelling; or more than
one act of physical abuse, each of which causes bleeding, deep
bruising, significant external or internal swelling, bone fracture, or
unconsciousness.
(e) The report must be made at the first opportunity, but in no
case longer than forty-eight hours after there is reasonable cause to
believe that the child has suffered abuse or neglect. The report must
include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section
does not apply to the discovery of abuse or neglect that occurred
during childhood if it is discovered after the child has become an
adult. However, if there is reasonable cause to believe other children
are or may be at risk of abuse or neglect by the accused, the reporting
requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to believe that a
child has suffered abuse or neglect may report such incident to the
proper law enforcement agency or to the department of social and health
services as provided in RCW 26.44.040.
(4) The department, upon receiving a report of an incident of
alleged abuse or neglect pursuant to this chapter, involving a child
who has died or has had physical injury or injuries inflicted upon him
or her other than by accidental means or who has been subjected to
alleged sexual abuse, shall report such incident to the proper law
enforcement agency. In emergency cases, where the child's welfare is
endangered, the department shall notify the proper law enforcement
agency within twenty-four hours after a report is received by the
department. In all other cases, the department shall notify the law
enforcement agency within seventy-two hours after a report is received
by the department. If the department makes an oral report, a written
report must also be made to the proper law enforcement agency within
five days thereafter.
(5) Any law enforcement agency receiving a report of an incident of
alleged abuse or neglect pursuant to this chapter, involving a child
who has died or has had physical injury or injuries inflicted upon him
or her other than by accidental means, or who has been subjected to
alleged sexual abuse, shall report such incident in writing as provided
in RCW 26.44.040 to the proper county prosecutor or city attorney for
appropriate action whenever the law enforcement agency's investigation
reveals that a crime may have been committed. The law enforcement
agency shall also notify the department of all reports received and the
law enforcement agency's disposition of them. In emergency cases,
where the child's welfare is endangered, the law enforcement agency
shall notify the department within twenty-four hours. In all other
cases, the law enforcement agency shall notify the department within
seventy-two hours after a report is received by the law enforcement
agency.
(6) Any county prosecutor or city attorney receiving a report under
subsection (5) of this section shall notify the victim, any persons the
victim requests, and the local office of the department, of the
decision to charge or decline to charge a crime, within five days of
making the decision.
(7) The department may conduct ongoing case planning and
consultation with those persons or agencies required to report under
this section, with consultants designated by the department, and with
designated representatives of Washington Indian tribes if the client
information exchanged is pertinent to cases currently receiving child
protective services. Upon request, the department shall conduct such
planning and consultation with those persons required to report under
this section if the department determines it is in the best interests
of the child. Information considered privileged by statute and not
directly related to reports required by this section must not be
divulged without a valid written waiver of the privilege.
(8) Any case referred to the department by a physician licensed
under chapter 18.57 or 18.71 RCW on the basis of an expert medical
opinion that child abuse, neglect, or sexual assault has occurred and
that the child's safety will be seriously endangered if returned home,
the department shall file a dependency petition unless a second
licensed physician of the parents' choice believes that such expert
medical opinion is incorrect. If the parents fail to designate a
second physician, the department may make the selection. If a
physician finds that a child has suffered abuse or neglect but that
such abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the
physician's assessment, the child may be left in the parents' home
while the department proceeds with reasonable efforts to remedy
parenting deficiencies.
(9) Persons or agencies exchanging information under subsection (7)
of this section shall not further disseminate or release the
information except as authorized by state or federal statute.
Violation of this subsection is a misdemeanor.
(10) Upon receiving reports of alleged abuse or neglect, the
department or law enforcement agency may interview children. The
interviews may be conducted on school premises, at day-care facilities,
at the child's home, or at other suitable locations outside of the
presence of parents. Parental notification of the interview must occur
at the earliest possible point in the investigation that will not
jeopardize the safety or protection of the child or the course of the
investigation. Prior to commencing the interview the department or law
enforcement agency shall determine whether the child wishes a third
party to be present for the interview and, if so, shall make reasonable
efforts to accommodate the child's wishes. Unless the child objects,
the department or law enforcement agency shall make reasonable efforts
to include a third party in any interview so long as the presence of
the third party will not jeopardize the course of the investigation.
(11) Upon receiving a report of alleged child abuse and neglect,
the department or investigating law enforcement agency shall have
access to all relevant records of the child in the possession of
mandated reporters and their employees.
(12) In investigating and responding to allegations of child abuse
and neglect, the department may conduct background checks as authorized
by state and federal law.
(13) The department shall maintain investigation records and
conduct timely and periodic reviews of all cases constituting abuse and
neglect. The department shall maintain a log of screened-out
nonabusive cases.
(((13))) (14) The department shall use a risk assessment process
when investigating alleged child abuse and neglect referrals. The
department shall present the risk factors at all hearings in which the
placement of a dependent child is an issue. Substance abuse must be a
risk factor. The department shall, within funds appropriated for this
purpose, offer enhanced community-based services to persons who are
determined not to require further state intervention.
(((14))) (15) Upon receipt of a report of alleged abuse or neglect
the law enforcement agency may arrange to interview the person making
the report and any collateral sources to determine if any malice is
involved in the reporting.
(((15))) (16) The department shall make reasonable efforts to learn
the name, address, and telephone number of each person making a report
of abuse or neglect under this section. The department shall provide
assurances of appropriate confidentiality of the identification of
persons reporting under this section. If the department is unable to
learn the information required under this subsection, the department
shall only investigate cases in which: (a) The department believes
there is a serious threat of substantial harm to the child; (b) the
report indicates conduct involving a criminal offense that has, or is
about to occur, in which the child is the victim; or (c) the department
has, after investigation, a report of abuse or neglect that has been
founded with regard to a member of the household within three years of
receipt of the referral.
Sec. 12 RCW 41.06.475 and 2002 c 354 s 222 are each amended to
read as follows:
The director shall adopt rules, in cooperation with the ((secretary
of social and health services, for the background investigation of
persons being considered for state employment in positions directly
responsible for the supervision, care, or treatment of children or
developmentally disabled persons)) director of the department of early
learning, for the background investigation of current employees and of
persons being actively considered for positions with the department who
will or may have unsupervised access to children. The director shall
also adopt rules, in cooperation with the director of the department of
early learning, for background investigation of positions otherwise
required by federal law to meet employment standards. "Considered for
positions" includes decisions about (1) initial hiring, layoffs,
reallocations, transfers, promotions, or demotions, or (2) other
decisions that result in an individual being in a position that will or
may have unsupervised access to children as an employee, an intern, or
a volunteer.
Sec. 13 RCW 43.43.830 and 2005 c 421 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.43.830 through 43.43.845.
(1) "Applicant" means:
(a) Any prospective employee who will or may have unsupervised
access to children under sixteen years of age or developmentally
disabled persons or vulnerable adults during the course of his or her
employment or involvement with the business or organization;
(b) Any prospective volunteer who will have regularly scheduled
unsupervised access to children under sixteen years of age,
developmentally disabled persons, or vulnerable adults during the
course of his or her employment or involvement with the business or
organization under circumstances where such access will or may involve
groups of (i) five or fewer children under twelve years of age, (ii)
three or fewer children between twelve and sixteen years of age, (iii)
developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020;
or
(d) Any prospective custodian in a nonparental custody proceeding
under chapter 26.10 RCW.
(2) "Business or organization" means a person, business, or
organization licensed in this state, any agency of the state, or other
governmental entity, that educates, trains, treats, supervises, houses,
or provides recreation to developmentally disabled persons, vulnerable
adults, or children under sixteen years of age, or that provides child
day care, early learning, or early learning childhood education
services, including but not limited to public housing authorities,
school districts, and educational service districts, except the
department of social and health services and those businesses or
organizations subject to chapter 43.-- RCW (sections 1 through 9 of
this act).
(3) "Civil adjudication proceeding" is a judicial or administrative
adjudicative proceeding that results in a finding of, or upholds an
agency finding of, domestic violence, abuse, sexual abuse, neglect,
abandonment, violation of a professional licensing standard regarding
a child or vulnerable adult, or exploitation or financial exploitation
of a child or vulnerable adult under any provision of law, including
but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted
under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding"
also includes judicial or administrative ((orders)) findings that
become final due to the failure of the alleged perpetrator to timely
exercise a legal right ((afforded to him or her)) to administratively
challenge such findings ((made by the department of social and health
services or the department of health under chapter 13.34, 26.44, or
74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW)).
(4) "Conviction record" means "conviction record" information as
defined in RCW 10.97.030 and 10.97.050 relating to a crime committed by
either an adult or a juvenile. It does not include a conviction for an
offense that has been the subject of an expungement, pardon, annulment,
certificate of rehabilitation, or other equivalent procedure based on
a finding of the rehabilitation of the person convicted, or a
conviction that has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence. It does include
convictions for offenses for which the defendant received a deferred or
suspended sentence, unless the record has been expunged according to
law.
(5) "Crime against children or other persons" means a conviction of
any of the following offenses: Aggravated murder; first or second
degree murder; first or second degree kidnaping; first, second, or
third degree assault; first, second, or third degree assault of a
child; first, second, or third degree rape; first, second, or third
degree rape of a child; first or second degree robbery; first degree
arson; first degree burglary; first or second degree manslaughter;
first or second degree extortion; indecent liberties; incest; vehicular
homicide; first degree promoting prostitution; communication with a
minor; unlawful imprisonment; simple assault; sexual exploitation of
minors; first or second degree criminal mistreatment; endangerment with
a controlled substance; child abuse or neglect as defined in RCW
26.44.020; first or second degree custodial interference; first or
second degree custodial sexual misconduct; malicious harassment; first,
second, or third degree child molestation; first or second degree
sexual misconduct with a minor; patronizing a juvenile prostitute;
child abandonment; promoting pornography; selling or distributing
erotic material to a minor; custodial assault; violation of child abuse
restraining order; child buying or selling; prostitution; felony
indecent exposure; criminal abandonment; or any of these crimes as they
may be renamed in the future.
(6) "Crimes relating to drugs" means a conviction of a crime to
manufacture, delivery, or possession with intent to manufacture or
deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a conviction
for first, second, or third degree extortion; first, second, or third
degree theft; first or second degree robbery; forgery; or any of these
crimes as they may be renamed in the future.
(8) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or
organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to which the
applicant has access during the course of his or her employment or
involvement with the business or organization.
(9) "Vulnerable adult" means "vulnerable adult" as defined in
chapter 74.34 RCW, except that for the purposes of requesting and
receiving background checks pursuant to RCW 43.43.832, it shall also
include adults of any age who lack the functional, mental, or physical
ability to care for themselves.
(10) "Financial exploitation" means "financial exploitation" as
defined in RCW 74.34.020.
(11) "Agency" means any person, firm, partnership, association,
corporation, or facility which receives, provides services to, houses
or otherwise cares for vulnerable adults, juveniles, or children, or
which provides child day care, early learning, or early childhood
education services, except the department of social and health services
and agencies or persons subject to chapter 43.-- RCW (sections 1
through 9 of this act).
Sec. 14 RCW 43.43.832 and 2006 c 263 s 826 are each amended to
read as follows:
(1) The legislature finds that businesses and organizations
providing services to children, developmentally disabled persons, and
vulnerable adults need adequate information to determine which
employees or licensees to hire or engage. The legislature further
finds that many developmentally disabled individuals and vulnerable
adults desire to hire their own employees directly and also need
adequate information to determine which employees or licensees to hire
or engage. Therefore, the Washington state patrol identification and
criminal history section shall disclose, upon the request of a business
or organization as defined in RCW 43.43.830, a developmentally disabled
person, or a vulnerable adult as defined in RCW 43.43.830 or his or her
guardian, an applicant's conviction record ((for convictions)) as
defined in chapter 10.97 RCW.
(2) The legislature also finds that the Washington professional
educator standards board may request of the Washington state patrol
criminal identification system information regarding a certificate
applicant's conviction record ((for convictions)) under subsection (1)
of this section.
(3) The legislature also finds that law enforcement agencies, the
office of the attorney general, prosecuting authorities, and the
department of social and health services may request this same
information to aid in the investigation and prosecution of child,
developmentally disabled person, and vulnerable adult abuse cases and
to protect children and adults from further incidents of abuse.
(4) ((The legislature further finds that the secretary of the
department of social and health services must establish rules and set
standards to require specific action when considering the information
listed in subsection (1) of this section, and when considering
additional information including but not limited to civil adjudication
proceedings as defined in RCW 43.43.830 and any out-of-state
equivalent, in the following circumstances:)) The director of the department of early learning shall
investigate the conviction records, pending charges, and other
information including civil adjudication proceeding records of current
employees and of any person actively being considered for any position
with the department who will or may have unsupervised access to
children, or for state positions otherwise required by federal law to
meet employment standards. "Considered for any position" includes
decisions about (a) initial hiring, layoffs, reallocations, transfers,
promotions, or demotions, or (b) other decisions that result in an
individual being in a position that will or may have unsupervised
access to children as an employee, an intern, or a volunteer.
(a) When considering persons for state employment in positions
directly responsible for the supervision, care, or treatment of
children, vulnerable adults, or individuals with mental illness or
developmental disabilities;
(b) When considering persons for state positions involving
unsupervised access to vulnerable adults to conduct comprehensive
assessments, financial eligibility determinations, licensing and
certification activities, investigations, surveys, or case management;
or for state positions otherwise required by federal law to meet
employment standards;
(c) When licensing agencies or facilities with individuals in
positions directly responsible for the care, supervision, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to agencies or facilities licensed under
chapter 74.15 or 18.51 RCW;
(d) When contracting with individuals or businesses or
organizations for the care, supervision, case management, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to services contracted for under chapter
18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW;
(e) When individual providers are paid by the state or providers
are paid by home care agencies to provide in-home services involving
unsupervised access to persons with physical, mental, or developmental
disabilities or mental illness, or to vulnerable adults as defined in
chapter 74.34 RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW.
(5)
(5) The director of the department of early learning shall adopt
rules and investigate conviction records, pending charges, and other
information including civil adjudication proceeding records, in the
following circumstances:
(a) When licensing or certifying agencies with individuals in
positions that will or may have unsupervised access to children who are
in child day care, in early learning programs, or receiving early
childhood education services, including but not limited to licensees,
agency staff, interns, volunteers, contracted providers, and persons
living on the premises who are sixteen years of age or older;
(b) When authorizing individuals who will or may have unsupervised
access to children who are in child day care, in early learning
programs, or receiving early childhood learning education services in
licensed or certified agencies, including but not limited to licensees,
agency staff, interns, volunteers, contracted providers, and persons
living on the premises who are sixteen years of age or older;
(c) When contracting with any business or organization for
activities that will or may have unsupervised access to children who
are in child day care, in early learning programs, or receiving early
childhood learning education services;
(d) When establishing the eligibility criteria for individual
providers to receive state paid subsidies to provide child day care or
early learning services that will or may involve unsupervised access to
children.
(6) Whenever a state conviction record check is required by state
law, persons may be employed or engaged as volunteers or independent
contractors on a conditional basis pending completion of the state
background investigation. Whenever a national criminal record check
through the federal bureau of investigation is required by state law,
a person may be employed or engaged as a volunteer or independent
contractor on a conditional basis pending completion of the national
check. The Washington personnel resources board shall adopt rules to
accomplish the purposes of this subsection as it applies to state
employees, except the secretary of the department of social and health
services shall adopt rules for department applicants working or serving
in a department of social and health services covered position under
chapter 43.-- RCW (sections 1 through 9 of this act).
(((6))) (7)(a) For purposes of facilitating timely access to
criminal background information and to reasonably minimize the number
of requests made under this section, recognizing that certain health
care providers change employment frequently, health care facilities
may, upon request from another health care facility, share copies of
completed criminal background inquiry information.
(b) Completed criminal background inquiry information may be shared
by a willing health care facility only if the following conditions are
satisfied: The licensed health care facility sharing the criminal
background inquiry information is reasonably known to be the person's
most recent employer, no more than twelve months has elapsed from the
date the person was last employed at a licensed health care facility to
the date of their current employment application, and the criminal
background information is no more than two years old.
(c) If criminal background inquiry information is shared, the
health care facility employing the subject of the inquiry must require
the applicant to sign a disclosure statement indicating that there has
been no conviction or finding as described in RCW 43.43.842 since the
completion date of the most recent criminal background inquiry.
(d) Any health care facility that knows or has reason to believe
that an applicant has or may have a disqualifying conviction or
((finding)) negative action as described in chapter 43.-- RCW
((43.43.842)) (sections 1 through 9 of this act), subsequent to the
completion date of their most recent criminal background inquiry, shall
be prohibited from relying on the applicant's previous employer's
criminal background inquiry information. A new criminal background
inquiry shall be requested pursuant to chapter 43.-- RCW ((43.43.830
through 43.43.842)) (sections 1 through 9 of this act).
(e) Health care facilities that share criminal background inquiry
information shall be immune from any claim of defamation, invasion of
privacy, negligence, or any other claim in connection with any
dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the criminal
background inquiry information in a manner that reasonably protects the
subject's rights to privacy and confidentiality.
(g) For the purposes of this subsection, "health care facility"
means a nursing home licensed under chapter 18.51 RCW, a boarding home
licensed under chapter 18.20 RCW, or an adult family home licensed
under chapter 70.128 RCW.
(((7) If a federal bureau of investigation check is required in
addition to the state background check by the department of social and
health services, an applicant who is not disqualified based on the
results of the state background check shall be eligible for a one
hundred twenty day provisional approval to hire, pending the outcome of
the federal bureau of investigation check. The department may extend
the provisional approval until receipt of the federal bureau of
investigation check. If the federal bureau of investigation check
disqualifies an applicant, the department shall notify the requestor
that the provisional approval to hire is withdrawn and the applicant
may be terminated.))
Sec. 15 RCW 43.43.842 and 1998 c 10 s 4 are each amended to read
as follows:
(1)(a) The ((secretary of social and health services and the))
secretary of health shall adopt additional requirements for the
licensure or relicensure of agencies, facilities, and licensed
individuals under the jurisdiction of the department of health who
provide care and treatment to vulnerable adults, including nursing
pools registered under chapter 18.52C RCW. These additional
requirements shall ensure that any person associated with a licensed
agency or facility having unsupervised access with a vulnerable adult
shall not have been: (i) Convicted of a crime against persons as
defined in RCW 43.43.830, except as provided in this section; (ii)
convicted of crimes relating to financial exploitation as defined in
RCW 43.43.830, except as provided in this section; (iii) found in any
disciplinary board final decision to have abused a vulnerable adult
under RCW 43.43.830; or (iv) the subject in a protective proceeding
under chapter 74.34 RCW.
(b) A person associated with a licensed agency or facility who has
unsupervised access with a vulnerable adult shall make the disclosures
specified in RCW 43.43.834(2). The person shall make the disclosures
in writing, sign, and swear to the contents under penalty of perjury.
The person shall, in the disclosures, specify all crimes against
children or other persons, all crimes relating to financial
exploitation, and all crimes relating to drugs as defined in RCW
43.43.830, committed by the person.
(2) The rules adopted under this section shall permit the licensee
to consider the criminal history of an applicant for employment in ((a
licensed)) an agency or facility under the jurisdiction of the
department of health when the applicant has one or more convictions for
a past offense and:
(a) The offense was simple assault, assault in the fourth degree,
or the same offense as it may be renamed, and three or more years have
passed between the most recent conviction and the date of application
for employment;
(b) The offense was prostitution, or the same offense as it may be
renamed, and three or more years have passed between the most recent
conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the same offense
as it may be renamed, and three or more years have passed between the
most recent conviction and the date of application for employment;
(d) The offense was theft in the second degree, or the same offense
as it may be renamed, and five or more years have passed between the
most recent conviction and the date of application for employment;
(e) The offense was forgery, or the same offense as it may be
renamed, and five or more years have passed between the most recent
conviction and the date of application for employment.
The offenses set forth in (a) through (e) of this subsection do not
automatically disqualify an applicant from employment by a licensee.
Nothing in this section may be construed to require the employment of
any person against a licensee's judgment.
(3) In consultation with law enforcement personnel, ((the secretary
of social and health services and)) the secretary of health shall
investigate, or cause to be investigated, the conviction record and the
protection proceeding record information under this chapter of the
staff of ((each)) any agency or facility under ((their respective)) the
jurisdiction((s)) of the department of health seeking licensure or
relicensure. An individual responding to a criminal background inquiry
request from his or her employer or potential employer shall disclose
the information about his or her criminal history under penalty of
perjury. The ((secretaries)) secretary shall use the information
solely for the purpose of determining eligibility for licensure or
relicensure. ((Criminal justice agencies shall provide the secretaries
such information as they may have and that the secretaries may require
for such purpose.))
Sec. 16 RCW 70.128.120 and 2006 c 249 s 1 are each amended to
read as follows:
Each adult family home provider and each resident manager shall
have the following minimum qualifications, except that only providers
are required to meet the provisions of subsection (10) of this section:
(1) Twenty-one years of age or older;
(2) For those applying after September 1, 2001, to be licensed as
providers, and for resident managers whose employment begins after
September 1, 2001, a United States high school diploma or general
educational development (GED) certificate or any English or translated
government documentation of the following:
(a) Successful completion of government-approved public or private
school education in a foreign country that includes an annual average
of one thousand hours of instruction over twelve years or no less than
twelve thousand hours of instruction;
(b) A foreign college, foreign university, or United States
community college two-year diploma;
(c) Admission to, or completion of coursework at, a foreign
university or college for which credit was granted;
(d) Admission to, or completion of coursework at, a United States
college or university for which credits were awarded;
(e) Admission to, or completion of postgraduate coursework at, a
United States college or university for which credits were awarded; or
(f) Successful passage of the United States board examination for
registered nursing, or any professional medical occupation for which
college or university education preparation was required;
(3) Good moral and responsible character and reputation;
(4) Literacy in the English language, however, a person not
literate in the English language may meet the requirements of this
subsection by assuring that there is a person on staff and available
who is able to communicate or make provisions for communicating with
the resident in his or her primary language and capable of
understanding and speaking English well enough to be able to respond
appropriately to emergency situations and be able to read and
understand resident care plans;
(5) Management and administrative ability to carry out the
requirements of this chapter;
(6) Satisfactory completion of department-approved basic training
and continuing education training as specified by the department in
rule, based on recommendations of the community long-term care training
and education steering committee and working in collaboration with
providers, consumers, caregivers, advocates, family members, educators,
and other interested parties in the rule-making process;
(7) Satisfactory completion of department-approved, or equivalent,
special care training before a provider may provide special care
services to a resident;
(8) ((Not been convicted of any crime listed in RCW 43.43.830 and
43.43.842)) Meet the background check requirements under chapter 43.--RCW (sections 1 through 9 of this act);
(9) For those applying after September 1, 2001, to be licensed as
providers, and for resident managers whose employment begins after
September 1, 2001, at least three hundred twenty hours of successful,
direct caregiving experience obtained after age eighteen to vulnerable
adults in a licensed or contracted setting prior to operating or
managing an adult family home; and
(10) Prior to being granted a license, providers applying after
January 1, 2007, must complete a department-approved forty-eight hour
adult family home administration and business planning class. The
department shall promote and prioritize bilingual capabilities within
available resources and when materials are available for this purpose.
Sec. 17 RCW 70.128.130 and 2000 c 121 s 6 are each amended to
read as follows:
(1) Adult family homes shall be maintained internally and
externally in good repair and condition. Such homes shall have safe
and functioning systems for heating, cooling, hot and cold water,
electricity, plumbing, garbage disposal, sewage, cooking, laundry,
artificial and natural light, ventilation, and any other feature of the
home.
(2) Adult family homes shall be maintained in a clean and sanitary
manner, including proper sewage disposal, food handling, and hygiene
practices.
(3) Adult family homes shall develop a fire drill plan for
emergency evacuation of residents, shall have smoke detectors in each
bedroom where a resident is located, shall have fire extinguishers on
each floor of the home, and shall not keep nonambulatory patients above
the first floor of the home.
(4) Adult family homes shall have clean, functioning, and safe
household items and furnishings.
(5) Adult family homes shall provide a nutritious and balanced diet
and shall recognize residents' needs for special diets.
(6) Adult family homes shall establish health care procedures for
the care of residents including medication administration and emergency
medical care.
(a) Adult family home residents shall be permitted to self-administer medications.
(b) Adult family home providers may administer medications and
deliver special care only to the extent authorized by law.
(7) Adult family home providers shall either: (a) Reside at the
adult family home; or (b) employ or otherwise contract with a qualified
resident manager to reside at the adult family home. The department
may exempt, for good cause, a provider from the requirements of this
subsection by rule.
(8) A provider will ensure that any volunteer, student, employee,
or person residing within the adult family home who will have
unsupervised access to any resident shall ((not have been convicted of
a crime listed under RCW 43.43.830 or 43.43.842)) meet the background
check requirements under chapter 43.-- RCW (sections 1 through 9 of
this act). Except that a person may be conditionally employed pending
the completion of a criminal conviction background inquiry.
(9) A provider shall offer activities to residents under care as
defined by the department in rule.
(10) An adult family home provider must ensure that staff are
competent and receive necessary training to perform assigned tasks.
Staff must satisfactorily complete department-approved staff
orientation, basic training, and continuing education as specified by
the department by rule.
Sec. 18 RCW 70.129.130 and 1994 c 214 s 14 are each amended to
read as follows:
The resident has the right to be free from verbal, sexual,
physical, and mental abuse, corporal punishment, and involuntary
seclusion.
(1) The facility must not use verbal, mental, sexual, or physical
abuse, including corporal punishment or involuntary seclusion.
(2) Subject to available resources, the department of social and
health services shall provide background checks required by chapter
43.-- RCW ((43.43.842)) (sections 1 through 9 of this act) for
employees of facilities licensed under chapter 18.20 RCW without charge
to the facility.
Sec. 19 RCW 71.09.115 and 1996 c 27 s 1 are each amended to read
as follows:
(((1))) The safety and security needs of the secure facility
operated by the department of social and health services pursuant to
RCW 71.09.060(1) make it vital that employees working in the facility
meet necessary character, suitability, and competency qualifications.
((The secretary shall require a record check through the Washington
state patrol criminal identification system under chapter 10.97 RCW and
through the federal bureau of investigation. The record check must
include a fingerprint check using a complete Washington state criminal
identification fingerprint card. The criminal history record checks
shall be at the expense of the department. The secretary shall use the
information only in making the initial employment or engagement
decision, except as provided in subsection (2) of this section.
Further dissemination or use of the record is prohibited.))
(2) This section applies to all current employees hired prior to
June 6, 1996, who have not previously submitted to a department of
social and health services criminal history records check. The
secretary shall use the information only in determining whether the
current employee meets the necessary character, suitability, and
competency requirements for employment or engagement.
(1) The secretary shall require and submit a fingerprint-based
background check through the Washington state patrol under chapter
10.97 RCW and through the federal bureau of investigation as required
in chapter 43.-- RCW (sections 1 through 9 of this act).
(2) Fees associated with background checks shall be paid as
required in chapter 43.-- RCW (sections 1 through 9 of this act).
(3) The secretary shall consider the result of the background check
as required in chapter 43.-- RCW (sections 1 through 9 of this act) to
determine whether the applicant or service provider is disqualified or
does not have the character, competence, and suitability for the
position.
Sec. 20 RCW 71.09.300 and 2003 c 216 s 1 are each amended to read
as follows:
Secure community transition facilities shall meet the following
minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its first
resident before July 1, 2003, is six or fewer residents, the facility
shall maintain a minimum staffing ratio of one staff per three
residents during normal waking hours and one awake staff per four
residents during normal sleeping hours. In no case shall the staffing
ratio permit less than two staff per housing unit.
(b) At any time the census of a facility that accepts its first
resident on or after July 1, 2003, is six or fewer residents, the
facility shall maintain a minimum staffing ratio of one staff per
resident during normal waking hours and two awake staff per three
residents during normal sleeping hours. In no case shall the staffing
ratio permit less than two staff per housing unit.
(2) At any time the census of a facility is six or fewer residents,
all staff shall be classified as residential rehabilitation counselor
II or have a classification that indicates an equivalent or higher
level of skill, experience, and training.
(3) Before being assigned to a facility, all staff shall have
training in sex offender issues, self-defense, and crisis de-escalation
skills in addition to departmental orientation and, as appropriate,
management training. All staff with resident treatment or care duties
must participate in ongoing in-service training.
(4) ((All staff must pass a departmental background check and the
check is not subject to the limitations in chapter 9.96A RCW. A person
who has been convicted of a felony, or any sex offense, may not be
employed at the secure community transition facility or be approved as
an escort for a resident of the facility.)) No applicant or service
provider as defined in section 1 of this act may be employed,
volunteer, or intern at the secure community transition facility or be
approved as an escort of a resident of the facility if he or she:
(a) Has been convicted of a felony or any sex offense; or
(b) Does not meet the background check requirements under chapter
43.-- RCW (sections 1 through 9 of this act).
Sec. 21 RCW 72.23.035 and 1989 c 334 s 12 are each amended to
read as follows:
((In consultation with law enforcement personnel, the secretary
shall have the power and duty to investigate the conviction record and
the protection proceeding record information under chapter 43.43 RCW of
each prospective employee of a state hospital.)) All state hospital
applicants and service providers as defined in section 1 of this act
must meet the background check requirements under chapter 43.-- RCW
(sections 1 through 9 of this act).
Sec. 22 RCW 74.15.030 and 2006 c 265 s 402 and 2006 c 54 s 8 are
each reenacted and amended to read as follows:
The secretary shall have the power and it shall be the secretary's
duty:
(1) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative
of the various type agencies to be licensed, to designate categories of
facilities for which separate or different requirements shall be
developed as may be appropriate whether because of variations in the
ages, sex and other characteristics of persons served, variations in
the purposes and services offered or size or structure of the agencies
to be licensed hereunder, or because of any other factor relevant
thereto;
(2) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative
of the various type agencies to be licensed, to adopt and publish
minimum requirements for licensing applicable to each of the various
categories of agencies to be licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of
operation for carrying out the purpose for which an applicant seeks a
license;
(b) ((The character, suitability and competence of an agency and
other persons associated with an agency directly responsible for the
care and treatment of children, expectant mothers or developmentally
disabled persons.)) Obtaining background information as defined and authorized in
chapter 43.-- RCW (sections 1 through 9 of this act), and any out-of-state equivalent, to determine whether the applicant or service
provider is disqualified and to determine the character, competence,
and suitability of an agency, the agency's employees, volunteers, and
other persons associated with an agency;
In consultation with law enforcement personnel, the secretary shall
investigate the conviction record or pending charges and dependency
record information under chapter 43.43 RCW of each agency and its staff
seeking licensure or relicensure.
No unfounded allegation of child abuse or neglect as defined in RCW
26.44.020 may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under this chapter. In order to
determine the suitability of applicants for an agency license,
licensees, their employees, and other persons who have unsupervised
access to children in care, and who have not resided in the state of
Washington during the three-year period before being authorized to care
for children shall be fingerprinted. The fingerprints shall be
forwarded to the Washington state patrol and federal bureau of
investigation for a criminal history records check. The fingerprint
criminal history records checks will be at the expense of the licensee
except that in the case of a foster family home, if this expense would
work a hardship on the licensee, the department shall pay the expense.
The licensee may not pass this cost on to the employee or
prospective employee, unless the employee is determined to be
unsuitable due to his or her criminal history record. The secretary
shall use the information solely for the purpose of determining
eligibility for a license and for determining the character,
suitability, and competence of those persons or agencies, excluding
parents, not required to be licensed who are authorized to care for
children, expectant mothers, and developmentally disabled persons.
Criminal justice agencies shall provide the secretary such information
as they may have and that the secretary may require for such purpose;
(c)
(c) Conducting background checks as required under chapter 43.--RCW (sections 1 through 9 of this act) for those who will or may have
unsupervised access to children, expectant mothers, or individuals with
a developmental disability;
(d) Obtaining child protective services information or records
maintained in the department case management information system. No
unfounded allegation of child abuse or neglect as defined in RCW
26.44.020 may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under this chapter;
(e) Submitting a fingerprint-based background check through the
Washington state patrol under chapter 10.97 RCW and through the federal
bureau of investigation as required in chapter 43.-- RCW (sections 1
through 9 of this act) for:
(i) Agencies and their staff, volunteers, students, and interns
when the agency is seeking license or relicense;
(ii) Foster care and adoption placements; and
(iii) Any adult living in a home where a child may be placed;
(f) If any adult living in the home has not resided in the state of
Washington for the preceding five years, the department shall review
any child abuse and neglect registries maintained by any state where
the adult has resided over the preceding five years;
(g) The cost of fingerprint background check fees will be paid as
required in chapter 43.-- RCW (sections 1 through 9 of this act);
(h) National and state background information must be used solely
for the purpose of determining eligibility for a license and for
determining the character, suitability, and competence of those persons
or agencies, excluding parents, not required to be licensed who are
authorized to care for children or expectant mothers;
(i) The number of qualified persons required to render the type of
care and treatment for which an agency seeks a license;
(((d))) (j) The safety, cleanliness, and general adequacy of the
premises to provide for the comfort, care and well-being of children,
expectant mothers or developmentally disabled persons;
(((e))) (k) The provision of necessary care, including food,
clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for
those served;
(((f))) (l) The financial ability of an agency to comply with
minimum requirements established pursuant to chapter 74.15 RCW and RCW
74.13.031; and
(((g))) (m) The maintenance of records pertaining to the admission,
progress, health and discharge of persons served;
(3) To investigate any person, including relatives by blood or
marriage except for parents, for character, suitability, and competence
in the care and treatment of children, expectant mothers, and
developmentally disabled persons prior to authorizing that person to
care for children, expectant mothers, and developmentally disabled
persons. However, if a child is placed with a relative under RCW
13.34.065 or 13.34.130, and if such relative appears otherwise suitable
and competent to provide care and treatment the criminal history
background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4) On reports of alleged child abuse and neglect, to investigate
agencies in accordance with chapter 26.44 RCW, including child day-care
centers and family day-care homes, to determine whether the alleged
abuse or neglect has occurred, and whether child protective services or
referral to a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to
chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the
category of care which an agency is authorized to render and the ages,
sex and number of persons to be served;
(6) To prescribe the procedures and the form and contents of
reports necessary for the administration of chapter 74.15 RCW and RCW
74.13.031 and to require regular reports from each licensee;
(7) To inspect agencies periodically to determine whether or not
there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the
requirements adopted hereunder;
(8) To review requirements adopted hereunder at least every two
years and to adopt appropriate changes after consultation with affected
groups for child day-care requirements and with the children's services
advisory committee for requirements for other agencies;
(9) To engage in negotiated rule making pursuant to RCW
34.05.310(2)(a) with the exclusive representative of the family child
care licensees selected in accordance with RCW 74.15.--- (section 6,
chapter 54, Laws of 2006) and with other affected interests before
adopting requirements that affect family child care licensees; and
(10) To consult with public and private agencies in order to help
them improve their methods and facilities for the care of children,
expectant mothers and developmentally disabled persons.
NEW SECTION. Sec. 23 The following acts or parts of acts are
each repealed:
(1) RCW 41.06.476 (Background investigation rules--Updating) and
2001 c 296 s 6;
(2) RCW 43.20A.710 (Investigation of conviction records or pending
charges of state employees and individual providers) and 2001 c 296 s
5, 2000 c 87 s 2, 1999 c 336 s 7, 1997 c 392 s 525, 1993 c 210 s 1,
1989 c 334 s 13, & 1986 c 269 s 1;
(3) RCW 41.06.480 (Background check disqualification--Policy
recommendations) and 2001 c 296 s 7; and
(4) RCW 72.05.440 (Eligibility for employment or volunteer position
with juveniles -- Must report convictions -- Rules) and 1998 c 269 s 16.
NEW SECTION. Sec. 24 Captions used in this act are not any part
of the law.
NEW SECTION. Sec. 25 Sections 1 through 9 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 26 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
October 1, 2007.