FINAL BILL REPORT

2SSB 5063

                                  C 486 L 87

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 and Committee on Ways & Means

House Committe on Human Services

Rereferred House Committee on Ways & Means/Appropriations

SYNOPSIS AS ENACTED

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 conviction records and court findings of child abuse and neglect of applicants seeking positions with such organizations would help solve this problem.

SUMMARY:

The Washington State Patrol is authorized to disclose, at the request of a school district, business, organization, or state agency which educates, treats, supervises or provides recreation to children or developmentally disabled persons, (1) an applicant's record of convictions of certain offenses against persons, (2) civil findings of child abuse or exploitation in dependency or dissolution proceedings when the perpetrator contested the allegation of abuse, and (3) disciplinary board final decisions.  "Applicant" is defined as any prospective employee or volunteer who has 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 employing 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 when charged with a crime against persons.  Noncertificated employees of school districts are checked and issued identification 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.

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, businesses and organizations, and their employees and volunteers are exempt from liability for lawful dissemination of background information.

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

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.

VOTES ON FINAL PASSAGE:

      Senate    47     1

      House 97   0 (House amended)

      Senate    45     1 (Senate concurred)

EFFECTIVE:July 26, 1987