wa-law.org > bill > 2025-26 > HB 1385 > Original Bill
Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.43.832 through 43.43.845.
"Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services.
"Applicant" means:
Any prospective employee, volunteer, or contractor who will or may have supervised or unsupervised access to children , the elderly, or individuals with disabilities during the course of his or her employment or involvement with the business or organization;
Any prospective volunteer who will have regularly scheduled unsupervised access to children under sixteen years of age, developmentally disabled persons, or vulnerable adults 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;
Any prospective adoptive parent, as defined in RCW 26.33.020; or
Any prospective custodian in a nonparental custody proceeding under chapter 26.10 RCW.
"Business or organization" means a person, 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 children under sixteen years of age, or that provides child day care, early learning, or early learning childhood education services, including but not limited to public housing authorities, school districts, and educational service districts.
"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, elderly, or individuals with disabilities.
"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
"Client" or "resident" means a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization.
"Conviction record" means "conviction record" information as defined in RCW 10.97.030 and 10.97.050 relating to a crime 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.
"Covered individual" is an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and who is employed by or volunteers with, or seeks to volunteer with a qualified entity; or owns or operates or seeks to own or operate, a qualified entity.
"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 kidnapping; first, second, or third degree assault; fourth degree assault (if a violation of RCW 9A.36.041(3)); 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; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; hate crime; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; commercial sexual abuse of a minor; 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.
"Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
"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.
"Financial exploitation" means "financial exploitation" as defined in RCW 74.34.020.
"Health care facility" means a nursing home licensed under chapter 18.51 RCW, an assisted living facility licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
"Peer counselor" means a nonprofessional person who has equal standing with another person, providing advice on a topic about which the nonprofessional person is more experienced or knowledgeable, and who is a counselor for a peer counseling program that contracts with or is otherwise approved by the department, another state or local agency, or the court.
"Qualified entity" means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
"Unsupervised" means not in the presence of:
Another employee or volunteer from the same business or organization as the applicant; or
Any relative or guardian of any of the children , the elderly, or individuals with disabilities to which the applicant has access during the course of his or her employment or involvement with the qualified entity, business, or organization.
With regard to peer counselors, "unsupervised" does not include incidental contact with children under age sixteen at the location at which the peer counseling is taking place. "Incidental contact" means minor or casual contact with a child in an area accessible to and within visual or auditory range of others. It could include passing a child while walking down a hallway but would not include being alone with a child for any period of time in a closed room or office.
In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes including, but not limited to, background checks for the licensing and screening of employees and volunteers under the national child protection act of 1993, as amended, and to implement the national crime prevention and privacy compact, 34 U.S.C. Sec. 40102, the Washington state patrol shall execute the compact on behalf of the state.
The Washington state patrol is the repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carrying out the compact.
3. The chief, or the chief's designee, is the state's compact officer and shall administer the compact within the state. The Washington state patrol may establish procedures for the cooperative exchange of criminal history records between the state and federal government for use in noncriminal justice cases.
4. The state's ratification of the compact remains in effect until legislation is enacted which specifically renounces the compact.
Authorized qualified entities and federally recognized tribes are authorized to conduct a state and national fingerprint-based criminal history record check on applicants for noncriminal justice purposes for any employment, licensing, or volunteering purpose which provide care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
The Washington state patrol may charge a nonrefundable fee for submission of fingerprints which will cover as nearly as practicable the direct and indirect costs to the Washington state patrol of processing such submission.
Fingerprints must be searched by the Washington state patrol prior to being forwarded to the federal bureau of investigation for a national search.
In order to participate in this program qualified entities and federally recognized tribes must:
Notify the covered individual that:
They have the right to obtain a copy of their own state and federal criminal history record from the agency that conducted the fingerprint check within a specified amount of time determined by the qualified entity;
They have the right to appeal the results of the criminal history record to challenge the accuracy or completion of information in the criminal history record.
Qualified entities and federally recognized tribes are obligated to:
Seek approval from the Washington state patrol before submitting a request for screening under this section;
Submit fingerprints on each applicant when requesting criminal history record information under this section;
Maintain a signed waiver for each applicant allowing the release of the state and national criminal history record information to the qualified entity or federally recognized tribe;
Ensure the covered individual is provided notification the results of the state and federal criminal history records check are handled in a manner that protects the covered individual's privacy;
Provide covered individuals the opportunity to challenge the accuracy of the information in the state and federal bureau of investigation's criminal history record, if one exists, if using the record to make a determination of the covered individual's suitability for employment, licensing, or volunteering purposes;
Advise the covered individual the procedures for obtaining a change, correction, or updating the federal criminal history record are set forth under 28 C.F.R. Sec. 16.34; and
Use the state and federal criminal history record information only for the purpose of screening employees, contractor, and volunteers or persons applying to be an employee, contractor, or volunteer with a qualified entity or federally recognized tribe.
Qualified entities or federally recognized tribes should not deny employment, licenses, or volunteer positions based on information in the criminal history record until the covered individual has been afforded a reasonable time to correct or complete the record or has declined to do so.
c. The Washington state patrol shall by rule establish fees for disseminating records under this section to qualified entities or federally recognized tribes. The revenue from the fees shall cover, as nearly as practicable, the direct and indirect costs to the Washington state patrol of disseminating the records. The cost of record checks must also include the fee the federal bureau of investigation charges for the criminal history background checks.
d. A qualified entity is not liable for damages solely for failing to obtain the information authorized under this section with respect to an employee, contractor, or volunteer. The state, any political subdivision of the state, or any agency, officer, or employee of the state or a political subdivision is not liable for damages for providing information requested under this section.
e. The Washington state patrol has authority to adopt rules to implement this chapter.