| Passed by the House March 10, 2008 Yeas 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 7, 2008 Yeas 49 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2835 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved March 28, 2008, 10:57 a.m.,
with the exception of section 4 which is
vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 28, 2008 Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/16/08. Referred to Committee on Early Learning & Children's Services.
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; amending RCW 74.15.040; adding a new section to chapter 26.44 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the safety of
children in foster care depends upon receipt of comprehensive,
accurate, and timely information about the background of prospective
foster parents. It is vital to ensure that all relevant information
about prospective foster parents is received and carefully reviewed.
The legislature believes that some foster parents may have previously
resided in other countries and that it is important to determine
whether those countries have background information on the prospective
foster parents that might impact the safety of children in their care.
NEW SECTION. Sec. 2 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.
Sec. 3 RCW 74.15.040 and 1982 c 118 s 7 are each amended to read
as follows:
An agency seeking to accept and serve children, developmentally
disabled persons, or expectant mothers as a foster-family home shall
make application for license in such form and substance as required by
the department. The department shall maintain a list of applicants
through which placement may be undertaken. However, agencies and the
department shall not place a child, developmentally disabled person, or
expectant mother in a home until the home is licensed. The department
shall inquire whether an applicant has previously resided in any other
state or foreign country and shall check databases available to it
through the Washington state patrol and federal bureau of investigation
to ascertain whether the applicant has ever been the subject of a
conviction or civil finding outside of the state of Washington that
bears upon the fitness of the applicant to serve as a foster-family
home. Foster-family homes shall be inspected prior to licensure,
except that inspection by the department is not required if the foster-family home is under the supervision of a licensed agency upon
certification to the department by the licensed agency that such homes
meet the requirements for foster homes as adopted pursuant to chapter
74.15 RCW and RCW 74.13.031.
*NEW SECTION. Sec. 4 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.
*Sec. 4 was vetoed. See message at end of chapter.