SENATE BILL REPORT

SB 5063

BYSenators 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) March 5, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 4, 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 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 who will or may have unsupervised access to children or developmentally disabled persons or any prospective volunteer who will have regularly scheduled unsupervised access to children or developmentally disabled persons.

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 organization may request the applicant to provide fingerprints for the background check.  The requesting organization must disclose the results of any background check to the applicant and may not disclose these results to anyone else.

The State Patrol shall by rule establish fees for the dissemination of these records.  No fee shall be charged to a nonprofit organization.

$150,000 is appropriated for grants of up to $3,000 for organizations to train staff and provide instruction programs on the recognition and prevention of child abuse.  The Council for Prevention of Child Abuse and Neglect shall receive requests for and approve such grants.

EFFECT OF PROPOSED SUBSTITUTES:

      1.Communication with a minor for immoral purposes is included in the list of offenses defined as "crimes against persons" which are to be reported in response to a background check request.  The Department of Social and Health Services may request background information on prospective employees in accordance with section 2.

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

      2.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.  School districts are exempt from paying a fee for the records check.  Classified 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.

      3.An insurance company may not require a business or organization to request background information on any employee before issuing a policy of insurance.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

Prospective employees and volunteers are not required to pay for fingerprinting.  Fingerprinting is not included as part of the background checks.

Technical changes are incorporated.

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