Passed by the Senate February 14, 2012 YEAS 47   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 1, 2012 YEAS 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6167 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 16, 2012, 1:42 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 16, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to criminal identification system information for entities providing emergency shelter, interim housing, or transitional housing; amending RCW 43.43.832; and reenacting and amending RCW 43.43.830.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.43.830 and 2011 c 253 s 5 are each reenacted and
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) "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.
(2) "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.
(3) "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.
(4) "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 findings that become final due
to the failure of the alleged perpetrator to timely exercise a legal
right to administratively challenge such findings.
(5) "Client" or "resident" means a child, person with developmental
disabilities, or vulnerable adult applying for housing assistance from
a business or organization.
(6) "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.
(((6))) (7) "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 kidnapping; 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; commercial
sexual abuse of a minor; 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.
(((7))) (8) "Crimes relating to drugs" means a conviction of a
crime to manufacture, delivery, or possession with intent to
manufacture or deliver a controlled substance.
(((8))) (9) "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.
(((9))) (10) "Financial exploitation" means "financial
exploitation" as defined in RCW 74.34.020.
(((10))) (11) "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.
(12) "Peer counselor" means a nonprofessional person who has equal
standing with another person, providing advice on a topic about which
the nonprofessional person is more experienced or knowledgeable, and
who is a counselor for a peer counseling program that contracts with or
is otherwise approved by the department, another state or local agency,
or the court.
(((11))) (13) "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.
With regard to peer counselors, "unsupervised" does not include
incidental contact with children under age sixteen at the location at
which the peer counseling is taking place. "Incidental contact" means
minor or casual contact with a child in an area accessible to and
within visual or auditory range of others. It could include passing a
child while walking down a hallway but would not include being alone
with a child for any period of time in a closed room or office.
(((12))) (14) "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.
Sec. 2 RCW 43.43.832 and 2011 c 253 s 6 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 conviction records as follows:
(a) An applicant's conviction record, 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 as defined in
chapter 10.97 RCW.));
(2) The legislature also finds that
(b) The conviction record of an applicant for certification, upon
the request of the Washington professional educator standards board
((may request of the Washington state patrol criminal identification
system information regarding a certificate applicant's conviction
record under subsection (1) of this section.));
(3) The legislature also finds that law enforcement agencies
(c) Any conviction record 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, upon the request of a law enforcement agency, the
office of the attorney general, prosecuting ((authorities, and))
authority, or 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.)); and
(4)
(d) A prospective client's or resident's conviction record, upon
the request of a business or organization that qualifies for exemption
under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C.
Sec. 501(c)(3)) and that provides emergency shelter or transitional
housing for children, persons with developmental disabilities, or
vulnerable adults.
(2) 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)) received pursuant to 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:
(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,
including peer counseling, of children, developmentally disabled
persons, or vulnerable adults, including but not limited to services
contracted for under chapter 18.20, 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))) (3) 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.
(((6))) (4) 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.
(((7))) (5) 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.
(((8))) (6)(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
as described in RCW 43.43.842, 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 RCW 43.43.830 through 43.43.842.
(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.))