SENATE BILL REPORT

ESSB 5107

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

Regarding abuse or exploitation of vulnerable adults/registry.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 16, 1989; January 23, 1989

Majority Report:  That Substitute Senate Bill No. 5107 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Carol Pedigo (786-7417)

                  April 17, 1989

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 8, 1989

BACKGROUND:

In 1987, the Washington State Patrol Criminal Identification System was directed to provide criminal background information on prospective employees and volunteers who have unsupervised access to children and developmentally disabled persons. 

Records of (1) convictions of offenses against persons, (2) court findings of abuse and neglect in civil cases, and (3) disciplinary board final decisions may be disclosed to organizations, businesses, school districts and state agencies who deal with children or developmentally disabled persons. 

SUMMARY:

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

The courts must notify the State Patrol of any protection action 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 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 must notify the licensing agency.

The Department of Social and Health Services is directed to adopt licensing requirements which ensure that a background check has been done on all staff or volunteers of an agency licensed or relicensed to care for and treat vulnerable adults.

Definitions are added.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Kathy Leitch, Department of Social and Health Services (pro)

HOUSE AMENDMENT:

Background checks must be done on all state employees who deal with mentally ill persons.  (This would only increase the number of checks required for approximately 110 FTE positions working with the Portal program at old Northern State Hospital).

Other technical language changes were made.