HOUSE BILL REPORT

ESSB 5107

As Amended by the House

BYSenate Committee on Children & Family Services (originally sponsored by Senators Smith, Stratton and Craswell)

Regarding abuse or exploitation of vulnerable adults/registry.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Inslee, P. King, Locke, Moyer, H. Myers, Patrick, Scott, D. Sommers and Tate.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Hargrove.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

In 1987, the Legislature authorized the Washington State Patrol criminal identification system to provide background information on prospective employees and volunteers to businesses and organizations which provide services to children or developmentally disabled persons. Upon the request of such a business or organization, the State Patrol will provide information on the applicant's conviction records, civil child abuse adjudications and disciplinary board final decisions. For specified purposes, the State Patrol may also disclose this information to the State Board of Education, law enforcement agencies and the Department of Social and Health Services.

An applicant must be notified that conviction record information may be requested from the State Patrol. The applicant is required to make certain disclosures in writing and under oath concerning conviction record information. The business or organization requesting the conviction record information must provide the applicant with a copy of the State Patrol's response.  This information may only be used by the business or organization in making an initial employment decision. Further dissemination of this information is prohibited. If no information is found, an identification declaring the showing of no evidence is issued to the applicant. This identification satisfies future background check requirements for the applicant.

SUMMARY:

The Washington State Patrol Criminal Identification System is expanded to include information on persons who were found by a court in a protection proceeding to have abused or financially exploited a vulnerable adult.  A vulnerable adult is a person 60 years of age or older who is functionally, mentally or physically unable to care for himself or herself or is a patient in a state hospital for the mentally ill.

In regulating or licensing a facility which handles vulnerable adults, the Department of Social and Health Services must consider the information provided by the Criminal Identification System. Requests for information from the Criminal Identification System may be made by specified authorities in investigating abuse of developmentally disabled persons and vulnerable adults.

The courts must notify the State Patrol of any protection action under RCW 74.34 in which abuse or financial exploitation of a vulnerable adult is found. The Department of Licensing must notify the State Patrol of any disciplinary board final decision that includes specific findings of abuse or financial exploitation of a vulnerable adult.  When a licensed or certified person is terminated from a job, or when a contract is not renewed because of a conviction of financial exploitation of a vulnerable adult, the business or organization employing the person must notify the licensing agency.

Specified law enforcement personnel may photograph and fingerprint all persons who are the subject of protection proceeding record information and were found to have abused or financially exploited a vulnerable adult.  The court having jurisdiction over the protection proceeding must cause this identifying data to be recorded.

The Department of Social and Health Services must adopt licensing requirements for the licensure or relicensure of agencies or facilities providing care for vulnerable adults.  The requirements must ensure that a background check has been done on all persons associated with the agency who have direct contact with vulnerable adults.

The secretary of the Department of Social and Health Services has the power and the duty to investigate the conviction records and the protection proceeding record information of each prospective employee of a state hospital for the mentally ill.

The Secretary of the Department of Social and Health Services must obtain conviction record information, including disciplinary board final decisions, on prospective employees who work directly with children, mentally ill persons and developmentally disabled persons.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Kathy Leitch, DSHS Aging and Adult Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Background checks on individuals who work with vulnerable adults are necessary.  It is also necessary to obtain this information on individuals who work with patients in the state hospitals for the mentally ill.

House Committee - Testimony Against:      None Presented.