BILL REQ. #: Z-0923.1
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/16/08. Referred to Committee on Human Services & Corrections.
AN ACT Relating to requiring federal name-based criminal history record checks when a child is placed in out-of-home care in an emergency situation; and adding a new section to chapter 26.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 26.44 RCW
to read as follows:
(1) During an emergency situation when a child must be placed in
out-of-home care due to the absence of appropriate parents or
custodians, the department shall request a federal name-based criminal
history record check of each adult residing in the home of the
potential placement resource. Upon receipt of the results of the name-based check, the department shall provide a complete set of each adult
resident's fingerprints to the Washington state patrol for submission
to the federal bureau of investigation within fourteen calendar days
from the date the name search was conducted. The child shall be
removed from the home immediately if any adult resident fails to
provide fingerprints and written permission to perform a federal
criminal history record check when requested.
(2) When placement of a child in a home is denied as a result of a
name-based criminal history record check of a resident, and the
resident contests that denial, the resident shall, within fifteen
calendar days, submit to the department a complete set of the
resident's fingerprints with written permission allowing the department
to forward the fingerprints to the Washington state patrol for
submission to the federal bureau of investigation.
(3) The Washington state patrol and the federal bureau of
investigation may each charge a reasonable fee for processing a
fingerprint-based criminal history record check.
(4) As used in this section, "emergency placement" refers to those
limited instances when the department is placing a child in the home of
private individuals, including neighbors, friends, or relatives, as a
result of a sudden unavailability of the child's primary caretaker.