[atlas:bill]

AN ACT Relating to making the background check requirements for department of social and health services' employees consistent with background check requirements for service providers, agencies, and entities serving vulnerable adults and children; amending RCW 9.96A.020, 41.06.475, 43.20A.020, 43.20A.710, 43.43.830, 43.43.832, 72.05.440, and 72.23.035; reenacting and amending RCW 74.15.030; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.96A.020 and 1999 c 16 s 1 are each amended to read as follows:

(1) Subject to the exceptions in subsections (3) ((~~and (4)~~)) through (5) of this section, and unless there is another provision of law to the contrary, a person is not disqualified from employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, nor is a person disqualified to practice, pursue or engage in any occupation, trade, vocation, or business for which a license, permit, certificate or registration is required to be issued by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations solely because of a prior conviction of a felony. However, this section does not preclude the fact of any prior conviction of a crime from being considered.

(2) A person may be denied employment by the state of Washington or any of its counties, cities, towns, municipal corporations, or quasi-municipal corporations, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, or business by reason of the prior conviction of a felony if the felony for which he or she was convicted directly relates to the position of employment sought or to the specific occupation, trade, vocation, or business for which the license, permit, certificate or registration is sought, and the time elapsed since the conviction is less than ten years. However, for positions in the county treasurer's office, a person may be disqualified from employment because of a prior guilty plea or conviction of a felony involving embezzlement or theft, even if the time elapsed since the guilty plea or conviction is ten years or more.

(3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.

(5) The department of social and health services is exempt from the requirements of subsections (1) and (2) of this section when employing a person who, in the course of his or her employment, will or may have unsupervised access to children, juveniles as defined in RCW 72.05.020, vulnerable adults as defined in RCW 43.20A.020, or individuals with developmental disabilities or mental illness.

(6) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after July 25, 1993.

Sec. 2. RCW 41.06.475 and 1993 c 281 s 38 are each amended to read as follows:

(1) The Washington personnel resources board shall adopt rules, consistent with RCW 43.20A.710, and in cooperation with the secretary of social and health services, ((~~for~~)) concerning the background investigation of ((~~persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of children or developmentally disabled persons~~)) current employees or applicants seeking or being considered for any position that will or may allow unsupervised access, as defined in RCW 43.43.830, to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness.

(2) The rules shall:

(a) Specify that the department of social and health services shall conduct a background investigation, including a conviction record check through the Washington state patrol in accordance with chapter 10.97 RCW, on all current department of social and health services' employees, volunteers and students, and all applicants who are being considered for any existing or new position under this act;

(b) Require that the background investigation conducted on applicants or current department of social and health services' employees be equivalent to the investigation required to be conducted for any service provider, entity, agency, facility, organization or business, their staff, and volunteers and students. The secretary of social and health services shall use the information solely to determine the character, suitability, and competence of the applicant to have unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness;

(c) Require that the disqualification of an applicant or current department of social and health services' employee from unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness is based on a standard equivalent to the disqualification requirements for service providers who are not department of social and health services' employees;

(d) Specify that one year from the effective date of this act, the department of social and health services will initiate background check investigations for all current department of social and health services' employees, students, and volunteers who hold positions covered by this section and have not previously had a department of social and health services' background check investigation under this act;

(e) Specify that any current employee or applicant seeking or being considered for employment with the department of social and health services in a position covered under this act who has resided in the state less than three years prior to the application for the position will be required to be fingerprinted for the purpose of conducting a background check through the federal bureau of investigation;

(f) Describe the actions the department of social and health services will take if, as a result of a background investigation, a current permanent employee is not eligible to have unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness;

(g) Ensure that if an employee's position is changed due to a reduction in force or reorganization, and the new position includes unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness, the department of social and health services will conduct a background investigation unless a background investigation has previously been conducted in accordance with this section;

(h) Require that information obtained from a background investigation will be private in accordance with chapter 10.97 RCW, Washington state criminal records privacy act, and be handled under the confidentiality requirements of the Washington state patrol and the federal bureau of investigation; and

(i) Specify that department of social and health services' employees who work for more than one administration, or those that transfer from one administration to another, will be responsible to meet the background investigation standards of the administration with the more rigorous requirement.

Sec. 3. RCW 43.20A.020 and 1987 c 283 s 1 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "Applicant" means applicant as defined in RCW 43.43.830.

(2) "Background investigation" means a review of conviction records, and may include: Review of in-state and/or out-of-state disciplinary board final decisions; civil adjudication records; records of protection orders issued against the applicant; department findings; license status; and pending charges.

(3) "Department" means the department of social and health services.

((~~(2) "Secretary" means the secretary of the department of social and health services.~~

~~(3)~~)) (4) "Department finding" means a determination by the department that an individual has physically, sexually, or verbally abused, neglected, or exploited a child, juvenile, vulnerable adult, or individual with a developmental disability or mental illness.

(5) "Deputy secretary" means the deputy secretary of the department of social and health services.

((~~(4)~~)) (6) "Disciplinary board final decision" means the same as defined in RCW 43.43.830 and includes the following additional professions:

(a) Physicians' assistant;

(b) Nursing assistant registered or certified;

(d) Recreational therapist and certified therapeutic specialists;

(e) Speech therapist; and

(f) Forensic therapist;

(7) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

(8) "License status" means the current and past history of an individual's professional license, certification, or registration or the current and past history of a license issued to a service provider, organization, agency, or other entity to provide care or service to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness.

(9) "Overpayment" means any department payment or department benefit to a recipient or to a vendor in excess of that to which the recipient or vendor is entitled by law, rule, or contract, including amounts in dispute pending resolution.

((~~(5)~~)) (10) "Secretary" means the secretary of the department of social and health services.

(11) "Vendor" means an entity that provides goods or services to or for clientele of the department and that controls operational decisions.

(12) "Vulnerable adult, or an individual with a developmental disability or mental illness" means the same as those terms are defined in RCW 43.43.830 and chapter 74.34 RCW, except for agencies certified under chapter 70.96A RCW, vulnerable adult means individuals admitted for detoxification treatment or who are involuntarily committed under chapter 70.96A RCW.

Sec. 4. RCW 43.20A.710 and 2000 c 87 s 2 are each amended to read as follows:

(1) The secretary shall ((~~investigate the conviction records, pending charges or disciplinary board final decisions of~~)) conduct background investigations for:

(a) ((~~Persons being considered for state employment in positions directly responsible for the supervision, care, or treatment of~~)) Any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children, juveniles, vulnerable adults, or individuals with mental illness or developmental disabilities according to rules adopted under RCW 41.06.475;

(b) ((~~Persons being considered for state employment in positions involving unsupervised access to vulnerable adults~~)) Any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards according to rules adopted under RCW 41.06.475;

(c) Individual providers who are paid by the state and providers who are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, including but not limited to services provided under chapter 74.39 or 74.39A RCW; and

(d) Individuals or businesses or organizations for the care, supervision, case management, or treatment of children, developmentally disabled persons, or vulnerable adults, including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW.

(2) The investigation may include an examination of state and national criminal identification data. The secretary shall use the information solely ((~~for the purpose of determining~~)) to determine the character, suitability, and competence of ((~~these~~)) applicants to have unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness.

(3) An individual provider or home care agency provider who has resided in the state less than three years before applying for employment involving unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must be fingerprinted for the purpose of investigating conviction records both through the Washington state patrol and the federal bureau of investigation. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110. However, this subsection does not supersede RCW 74.15.030(2)(b).

(4) An individual provider or home care agency provider hired to provide in-home care for and having unsupervised access to a vulnerable adult as defined in chapter 74.34 RCW must have no conviction for a disqualifying crime under RCW 43.43.830 and 43.43.842. An individual or home care agency provider must also have no conviction for a crime relating to drugs as defined in RCW 43.43.830. This subsection applies only with respect to the provision of in-home services funded by medicaid personal care under RCW 74.09.520, community options program entry system waiver services under RCW 74.39A.030, or chore services under RCW 74.39A.110.

(5) The secretary shall provide the results of the background check on individual providers to the persons hiring them or to their legal guardians, if any, for their determination of the character, suitability, and competence of the applicants. If the person elects to hire or retain an individual provider after receiving notice from the department that the applicant has a conviction for an offense that would disqualify the applicant from having unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in chapter 74.34 RCW, then the secretary shall deny payment for any subsequent services rendered by the disqualified individual provider.

(6) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.

Sec. 5. RCW 43.43.830 and 1999 c 45 s 5 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through ((~~43.43.840~~)) 43.43.842.

(1) "Applicant" means:

(a) Any prospective employee or student who will or may have unsupervised access to children under sixteen years of age ((~~or developmentally disabled persons or~~)), juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness during the course of his or her employment or involvement with the business or organization;

(b) Any prospective volunteer who will or may have regularly scheduled unsupervised access to children under sixteen years of age, ((~~developmentally disabled persons, or~~)) juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness during the course of his or her employment or involvement with the business or organization under circumstances where such access will or may involve groups of (i) five or fewer children under twelve years of age, (ii) three or fewer children between twelve and sixteen years of age, (iii) developmentally disabled persons, or (iv) vulnerable adults; or

(2) "Business or organization" means a business or organization licensed in this state, any agency of the state, or other governmental entity, that educates, trains, treats, supervises, houses, or provides recreation to ((~~developmentally disabled persons,~~)) vulnerable adults, ((or)) individuals with developmental disabilities or mental illness, children under sixteen years of age, or juveniles, including but not limited to public housing authorities, school districts, and educational service districts.

(3) "Civil adjudication" means a specific court finding of sexual abuse or exploitation or physical abuse in a dependency action under RCW 13.34.040 or in a domestic relations action under Title 26 RCW. In the case of vulnerable adults, civil adjudication means a specific court finding of abuse or financial exploitation in a protection proceeding under chapter 74.34 RCW. It does not include administrative proceedings. The term "civil adjudication" is further limited to court findings that identify as the perpetrator of the abuse a named individual, over the age of eighteen years, who was a party to the dependency or dissolution proceeding or was a respondent in a protection proceeding in which the finding was made and who contested the allegation of abuse or exploitation.

(4) "Conviction record" means "conviction record" information as defined in RCW 10.97.030(3) relating to a crime against children or other persons committed by either an adult or a juvenile. It does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. It does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law.

(5) "Crime against children or other persons" means a conviction of any of the following offenses: Aggravated murder; first or second degree murder; first or second degree kidnaping; first, second, or third degree assault; first, second, or third degree assault of a child; first, second, or third degree rape; first, second, or third degree rape of a child; first or second degree robbery; first degree arson; first degree burglary; first or second degree manslaughter; first or second degree extortion; indecent liberties; incest; vehicular homicide; first degree promoting prostitution; communication with a minor; unlawful imprisonment; simple assault; sexual exploitation of minors; first or second degree criminal mistreatment; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; malicious harassment; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; patronizing a juvenile prostitute; child abandonment; promoting pornography; selling or distributing erotic material to a minor; custodial assault; violation of child abuse restraining order; child buying or selling; prostitution; felony indecent exposure; criminal abandonment; or any of these crimes as they may be renamed in the future.

(6) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

(7) "Crimes relating to financial exploitation" means a conviction for first, second, or third degree extortion; first, second, or third degree theft; first or second degree robbery; forgery; or any of these crimes as they may be renamed in the future.

(8) "Disciplinary board final decision" means any final decision issued by a disciplining authority under chapter 18.130 RCW or the secretary of the department of health for the following businesses or professions:

(a) Chiropractic;

(b) Dentistry;

(d) Massage;

(e) Midwifery;

(f) Naturopathy;

(g) Osteopathic medicine and surgery;

(h) Physical therapy;

(i) Physicians;

(j) Practical nursing;

(k) Registered nursing; and

(l) Psychology.

"Disciplinary board final decision," for real estate brokers and salespersons, means any final decision issued by the director of the department of licensing for real estate brokers and salespersons.

(9) "Unsupervised" means not in the presence of:

(a) Another employee or volunteer from the same business or organization as the applicant; or

(b) Any relative or guardian of any of the children or ((~~developmentally disabled persons~~)) individuals with developmental disabilities or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.

(10) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.

(11) "Financial exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage.

(12) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses, or otherwise cares for vulnerable adults, children, juveniles, or individuals with developmental disabilities or mental illness.

(13) "Juvenile" means juvenile as defined in RCW 43.20A.020.

Sec. 6. RCW 43.43.832 and 2000 c 87 s 1 are each amended to read as follows:

(1) The legislature finds that businesses and organizations providing services to children, ((~~developmentally disabled persons, and~~)) juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness need adequate information to determine which employees or licensees to hire or engage. The legislature further finds that many ((~~developmentally disabled~~)) individuals ((~~and~~)) with developmental disabilities or mental illness, or other vulnerable adults desire to hire their own employees directly and also need adequate information to determine which employees or licensees to hire or engage. Therefore, the Washington state patrol criminal identification system shall disclose, upon the request of a business or organization as defined in RCW 43.43.830, ((~~a developmentally disabled person~~)) an individual with a developmental disability or mental illness, or a vulnerable adult as defined in RCW 43.43.830 or his or her guardian, an applicant's record for convictions of offenses against children or other persons, convictions for crimes relating to financial exploitation, but only if the victim was a vulnerable adult, adjudications of child abuse in a civil action, the issuance of a protection order against the respondent under chapter 74.34 RCW, and disciplinary board final decisions and any subsequent criminal charges associated with the conduct that is the subject of the disciplinary board final decision.

(2) The legislature also finds that the state board of education may request of the Washington state patrol criminal identification system information regarding a certificate applicant's record for convictions under subsection (1) of this section.

(3) The legislature also finds that law enforcement agencies, the office of the attorney general, prosecuting authorities, and the department of social and health services may request this same information to aid in the investigation and prosecution of child, developmentally disabled person, and vulnerable adult abuse cases and to protect children and adults from further incidents of abuse.

(4) The legislature further finds that the department of social and health services must ((~~consider the information listed in subsection (1) of this section in the following circumstances~~)) conduct a background investigation in accordance with RCW 43.20A.710 and follow the rules adopted under RCW 41.06.475 when:

(a) ((~~When~~)) Considering ((~~persons~~)) any current employee or other applicant for state employment in ((~~positions directly responsible for the supervision, care, or treatment of~~)) any position that will or may have unsupervised access to children, juveniles, vulnerable adults, or individuals with mental illness or developmental disabilities; and

(b) ((~~When~~)) Considering ((~~persons~~)) any current employee or other applicant for any state position((~~s involving~~)) that will or may allow unsupervised access to children, juveniles, vulnerable adults, or individuals with developmental disabilities or mental illness to conduct comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards((;)).

((~~(c)~~)) (5) The department of social and health services must consider the information listed in subsection (1) of this section when:

(a) Licensing agencies or facilities with individuals in positions directly responsible for the care, supervision, or treatment of children, ((~~developmentally disabled persons~~)) juveniles, ((or)) vulnerable adults, ((~~including but not limited to agencies or facilities licensed under chapter 74.15 or 18.51 RCW~~)) or individuals with developmental disabilities or mental illness;

((~~(d) When~~)) (b) Contracting with individuals or businesses or organizations for the care, supervision, case management, or treatment of children, ((~~developmentally disabled persons~~)) juveniles, ((or)) vulnerable adults, ((~~including but not limited to services contracted for under chapter 18.20, 18.48, 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A RCW~~)) or individuals with developmental disabilities or mental illness; and

((~~(e) When~~)) (c) Individual providers are paid by the state or providers are paid by home care agencies to provide in-home services involving unsupervised access to persons with physical, mental, or developmental disabilities or mental illness, or to vulnerable adults as defined in ((~~chapter 74.34~~)) RCW 43.43.830, including but not limited to services provided under chapter 74.39 or 74.39A RCW.

((~~(5)~~)) (6) Whenever a state conviction record check is required by state law, persons may be employed or engaged as volunteers or independent contractors on a conditional basis pending completion of the state background investigation. Whenever a national criminal record check through the federal bureau of investigation is required by state law, a person may be employed or engaged as a volunteer or independent contractor on a conditional basis pending completion of the national check.

(7) The Washington personnel resources board shall adopt rules in accordance with RCW 41.06.475 to accomplish the purposes of this subsection as it applies to state employees.

((~~(6)~~)) (8)(a) For purposes of facilitating timely access to criminal background information and to reasonably minimize the number of requests made under this section, recognizing that certain health care providers change employment frequently, health care facilities may, upon request from another health care facility, share copies of completed criminal background inquiry information.

(b) Completed criminal background inquiry information may be shared by a willing health care facility only if the following conditions are satisfied: The licensed health care facility sharing the criminal background inquiry information is reasonably known to be the person's most recent employer, no more than twelve months has elapsed from the date the person was last employed at a licensed health care facility to the date of their current employment application, and the criminal background information is no more than two years old.

(c) If criminal background inquiry information is shared, the health care facility employing the subject of the inquiry must require the applicant to sign a disclosure statement indicating that there has been no conviction or finding as described in RCW 43.43.842 since the completion date of the most recent criminal background inquiry.

(d) Any health care facility that knows or has reason to believe that an applicant has or may have a disqualifying conviction or finding as described in RCW 43.43.842, subsequent to the completion date of their most recent criminal background inquiry, shall be prohibited from relying on the applicant's previous employer's criminal background inquiry information. A new criminal background inquiry shall be requested pursuant to RCW 43.43.830 through 43.43.842.

(e) Health care facilities that share criminal background inquiry information shall be immune from any claim of defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of this information in accordance with this subsection.

(f) Health care facilities shall transmit and receive the criminal background inquiry information in a manner that reasonably protects the subject's rights to privacy and confidentiality.

(g) For the purposes of this subsection, "health care facility" means a nursing home licensed under chapter 18.51 RCW, a boarding home licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.

((~~(7)~~)) (9) If a federal bureau of investigation check is required in addition to the state background check by the department of social and health services, an applicant who is not disqualified based on the results of the state background check shall be eligible for a one hundred twenty day provisional approval to hire, pending the outcome of the federal bureau of investigation check. The department may extend the provisional approval until receipt of the federal bureau of investigation check. If the federal bureau of investigation check disqualifies an applicant, the department shall notify the requestor that the provisional approval to hire is withdrawn and the applicant may be terminated.

Sec. 7. RCW 72.05.440 and 1998 c 269 s 16 are each amended to read as follows:

(1) A person shall not be eligible for an employed or volunteer position within the juvenile rehabilitation administration or any agency with which it contracts in which the person may have regular or unsupervised access, as defined in RCW 43.43.830, to juveniles under the jurisdiction of the department of social and health services or the department of corrections if the person has been convicted of one or more of the following:

(a) Any felony sex offense;

(b) Any violent offense, as defined in RCW 9.94A.030.

(2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after September 1, 1998.

(3) Any person employed by the juvenile rehabilitation administration, or by any contracting agency, who may have regular or unsupervised access, as defined in RCW 43.43.830, to juveniles under the jurisdiction of the department or the department of corrections and who is convicted of an offense set forth in this section after September 1, 1998, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.

(4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.

(5) The department shall adopt rules to implement this section.

Sec. 8. RCW 72.23.035 and 1989 c 334 s 12 are each amended to read as follows:

(1) In consultation with law enforcement personnel and other state agencies, the secretary shall have the power and duty to investigate the ((~~conviction record and the protection proceeding record information under chapter 43.43 RCW of each prospective employee of~~)) background of any current employee or applicant, as defined in RCW 43.20A.020, seeking or being considered for any position that will or may allow unsupervised access, as defined in RCW 43.43.830, to clients residing in a state hospital.

(2) The background investigation that is conducted must be the same as described in RCW 43.20A.710 and shall meet the rules adopted in accordance with RCW 41.06.475.

Sec. 9. RCW 74.15.030 and 2000 c 162 s 20 and 2000 c 122 s 40 are each reenacted and amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability, and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of, or in positions that will or may allow unsupervised access to, children, expectant mothers, or ((~~developmentally disabled persons~~)) individuals with developmental disabilities. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under this chapter. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and ((~~developmentally disabled persons~~)) individuals with developmental disabilities. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers, or ((~~developmentally disabled persons~~)) individuals with developmental disabilities;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and ((~~developmentally disabled persons~~)) individuals with developmental disabilities prior to authorizing that person to care for children, expectant mothers, and ((~~developmentally disabled persons~~)) individuals with developmental disabilities. However, if a child is placed with a relative under RCW 13.34.065 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

(4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers and family day-care homes, to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers, and ((~~developmentally disabled persons~~)) individuals with developmental disabilities.

NEW SECTION. Sec. 10. The Washington personnel resources board and the department of social and health services must adopt emergency rules to implement this act to protect the health and safety of the vulnerable clients of the department of social and health services.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.