43.215.215 - Character, suitability, and competence to provide child care and early learning services -- Fingerprint criminal history record checks. - Washington Statutes

Character, suitability, and competence to provide child care and early learning services — Fingerprint criminal history record checks.

(1) In determining whether an individual is of appropriate character, suitability, and competence to provide child care and early learning services to children, the department may consider the history of past involvement of child protective services or law enforcement agencies with the individual for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of a child. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031 may be used for such purposes. No unfounded or inconclusive allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a provider licensed under this chapter.

     (2) 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.

     (a) The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check.

     (b) The fingerprint criminal history record checks shall be at the expense of the licensee. 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.

     (c) The director 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.

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

[2007 c 415 § 5.]

Notes: Captions not law -- 2007 c 415: See note following RCW 43.215.005.