Background: The Children's Administration (CA) of the Department of Social and Health Services (DSHS) obtains background information through background checks for persons seeking a license or employment allowing unsupervised access to children. Background checks include both criminal history and a history of negative actions, such as findings of abuse, neglect, abandonment, or exploitation. CA obtains background checks for employees and potential employees of agencies and facilities that are both operated directly by the state, and those which are operated by state contractors and applicants for state contracts.

According to published CA policy, CA staff must disqualify a person from employment or licensure requiring unsupervised access to children based upon a document called the DSHS Secretary's List of Disqualifying Crimes & Negative Actions (Secretary's List). The Secretary's List identifies crimes and negative actions, such as a finding of child abuse or neglect, that may trigger a disqualification. The crimes and negative actions on the Secretary's List may be identified as permanent disqualifiers or five-year disqualifiers. When CA staff identifies crimes or negative actions which either do not appear as a permanent disqualifier or do not appear as a five-year disqualifier while the person is still within the five-year disqualification window, CA staff must perform an administrative review of the character and suitability of the person to obtain the requested license or employment with reference to an enumerated list of factors. CA policy states that in rare circumstances an administrative approval or waiver may be granted to authorize an exception for a person with a disqualifying crime or negative action. This waiver must be requested by a social worker, licensor, or contract manager and submitted to the CA Assistant Secretary or, in some circumstances, a regional administrator or area administrator.

A person or agency that is denied a license or renewal of a license by CA or another subdivision of DSHS may appeal the denial of a license at an adjudicative hearing before an administrative law judge.

Summary of Bill: An individual who is denied a license, employment, or unsupervised access to children by CA based on the results of a background check may request an internal administrative review. This request must be made in writing using forms provided by DSHS, which must include the opportunity for the individual to submit evidence of the individual's rehabilitation and evidence that allowing the individual to have unsupervised access to a child will not jeopardize the child's health or safety.

The internal administrative review process must include participation by CA management staff who are not in the direct chain of command with contracts staff. The internal administrative review must be completed within 60 days. Administrative hearings and applicable timelines may be stayed or extended pending this review process. No civil liability may attach to the state or its agencies, officers, or employees as a result of the internal administrative review process, except based upon gross negligence.

DSHS must afford the same right to an adjudicative proceeding that is available to a person who is denied a license to a person who is denied employment with a contracted agency by CA based upon the result of a background check.

Staff Summary of Public Testimony: PRO: We share the state's mission to protect children. Applicants for employment should have the same access to an appeal as applicants for licenses. The current process disproportionally affects minority populations and restricts our ability to hire a diverse workforce. I was affected by an error that caused me to fail a background check, and no one could provide me with information on how to rectify this error. I was cleared after six months because of my connections, which new applicants to the system would not have. This bill would give me an avenue to be able to work with vulnerable street kids after I receive my degree. We need to provide people with pathways to get beyond the problems that led them to be involved with the system. Some of our most effective staff members are people with lived experience of the system, whose experience helps them reach out effectively to troubled families. The waiver process for crimes and negative actions fails our community in the way it is currently constituted.

CON: We oppose this bill because of its enormous fiscal impact. If the Legislature authorizes private agencies to determine whether someone should be employed in positions in which they will have unsupervised access to children, DSHS should be absolved from liability.

Persons Testifying: PRO: Mary Fischer, Jill Salak, Institute for Family Development; Heather Njarkvik-Shreckengost, SnoPac; Seth Dawson, WA Assn. for Children & Families; Laurie Lippold, Partners for Our Children; Mary Stone-Smith, Catholic Community Services Western WA; Kimberly Mays, Shayne Rochester, citizens.

CON: Jennifer Strus, CA, DSHS.

Signed in, Unable to Testify & Submitted Written Testimony: OTHER: Patrick Dowd, Office of the Family & Children's Ombuds.