SENATE BILL REPORT

2SSB 5063

BYSenate Committee on Ways & Means (originally sponsored by Senators Talmadge, Nelson, Newhouse, Bottiger, Moore, Vognild, Gaspard, Deccio and Rasmussen)

Revising provisions relating to information on child and adult abuse.

Senate Committee on Judiciary

Senate Hearing Date(s):January 16, 1987; February 23, 1987; February 24, 1987

Majority Report:  That Substitute Senate Bill No. 5063 be substituted therefor, and the substitute bill do pass and refer to Committee on Ways & Means.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Carolyn Mayer (786-7418)

                  February 24, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 3, 1986; March 4, 1987

Majority Report:  That Second Substitute Senate Bill No. 5063 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bluechel, Craswell, Deccio, Fleming, Hayner, Lee, Moore, Owen, Rinehart, Saling, Talmadge, Vognild, Warnke, Wojahn, Zimmerman.

Senate Staff:Stephen Rose (786-7715); Suzanne Petersen (786-7715)  April 15, 1987

AS PASSED SENATE, MARCH 16, 1987

BACKGROUND:

Currently, organizations which provide services to children have no access to background information on prospective employees or volunteers.  It has been suggested that legislation enabling the State Patrol to provide information of conviction records and court findings of abuse and neglect of children with regard to applicants seeking positions with such organizations would help solve this problem.

SUMMARY:

The Washington State Patrol is authorized to disclose, upon the request of a school district, business, organization, or state agency which regularly educates, treats, supervises or provides recreation to children or developmentally disabled persons, an applicant's (1) record of convictions of certain offenses against persons, (2) civil findings of child abuse or neglect, and (3) disciplinary board final decisions.  "Applicant" is defined as any prospective employee or volunteer who will or may have unsupervised access to children or developmentally disabled persons or noncertificated educational personnel.

Law enforcement agencies and the Department of Social and Health Services may request this same information from the State Patrol to aid in the investigation and prosecution of child and adult abuse cases.  The Department must consider this information when considering persons for state or licensed positions directly involving the care or supervision of children or developmentally disabled persons.

Before asking the State Patrol for information, the requesting organization must inform the applicant that it has the ability to check the person's criminal and civil adjudication records.  The organization must then ask the applicant to disclose, in writing and under oath, whether the applicant has any such record.  The requesting organization must disclose the results of any background check to the applicant and may not disclose these results to anyone else.

Licensed or certificated employees are subject to a background investigation at the time of initial certification.  Licensing agencies must be notified when an employee is dismissed or resigns due to having been charged with a crime against persons.  Noncertificated employees of school districts are checked and issued a card or certificate which may be presented by the employee when seeking subsequent employment.  Only applicants who are offered positions will be required to submit to a background check.

The State Patrol shall by rule establish fees for the dissemination of these records.  No fee shall be charged to a nonprofit organization, school district, or educational service district.

Businesses and organizations may use the background information only upon initial employment, and may not disseminate it to any one. An insurance company may not require a business or organization to request background information on any employee before issuing an insurance policy.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Bailey DeIongh, Washington Association of Public Defenders; Bob Fisher, Washington Education Association; Jerry Wasson, Department of Children and Family Services; Tom Wing, United Fathers of America; Basil Badley

Senate Committee - Testified: WAYS & MEANS:  Sharon Foster, YMCA

HOUSE AMENDMENT:

Civil adjudications which must be included in background information are limited to dependency actions or dissolution proceedings in which there is a specific finding that the perpetrator engaged in sexual abuse, exploitation, or physical abuse, was a party to the action, and contested the allegation of abuse or neglect.

Sexual exploitation of a minor and first and second degree criminal mistreatment are included in the list of offenses defined as crimes against persons which are to be reported in response to a background check request.  Reckless endangerment is removed from the list.

Sanctions are removed for failure to report an employee's termination of employment to a licensing agency.

Businesses and organizations are immune from civil liability for failure to request background information on a prospective employee or volunteer unless such failure constitutes gross negligence.

State employees and businesses and organizations are included in the list of those persons or entities who are exempt from liability for lawful dissemination of background information.

The State Patrol shall begin furnishing background information after January 1, 1988.