BILL REQ. #: H-4052.1
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/05/14.
AN ACT Relating to review of licensing and employment decisions by the children's administration; and reenacting and amending RCW 74.15.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 74.15.030 and 2007 c 387 s 5 and 2007 c 17 s 14 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) Obtaining background information 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;
(c) Conducting background checks 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 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 RCW 43.43.837;
(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;
(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;
(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;
(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
(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 provide
background check information on potential employees with agencies
contracting with the children's administration after receiving written
permission to share the background check with the potential employee.
The contracting agency may then use the background check to determine
whether or not to hire the potential employee. If a contracting agency
chooses to hire an individual that would be precluded from employment
with the department based on a disqualifying crime or negative action,
the contracting agency will assume all liability for the employment
decision;
(5) 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))) (6) 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))) (7) 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))) (8) 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))) (9) 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; and
(((9))) (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.