Status Summary

First reading, referred to Human Services, Reentry & Rehabilitation on 1.23.19. Public hearing scheduled in the Senate Committee on Human Services, Reentry & Rehabilitation on 1.31.19. Executive action taken in the Senate Committee on Human Services, Reentry & Rehabilitation on 2.12.19; 1st substitute bill passed and referred to Ways & Means. Referred to Ways & Means on 2.14.19. Public hearing in the Senate Committee on Ways & Means on 2.26.19. Executive action taken, in the Senate Committee on Ways & Means on 2.27.19; 2nd substitute bill passed. Passed to Rules Committee for second reading on 3.1.19. Placed on second reading by Rules Committee on 3.7.19. (updated 3.15.19)

Legislative Session

2019

Status

In Progress

Sponsor

Braun

This bill adds a section to RCW 74.13.020 in order to define “certificate of parental improvement (CPI)” as a certificate issued under Section 2 of this act to an individual with a founded finding of child abuse or neglect or a court finding that the individual’s child was a dependent pursuant to RCW 13.34. 

Criteria are specified with respect to who would not be allowed to receive a CPI. 

An additional section is added to RCW Chapter 74.13 which states that the Department of Child Welfare Services must develop and implement a process by which said individual may petition the department for issuance of a certificate of parental improvement.  

Moreover, the department must:

§  Respond to a request within 60 days;

§  Uphold requirements to not issue a certificate of parental improvement if –

       o Fewer than 5 years have passed since the applicant’s last founded finding of child abuse or neglect;

               o The applicant has certain felony offenses pending conviction.

This act also establishes the right of an applicant whose application is denied to:

§  Seek a review of the department’s denial within 30 days after the applicant is notified of the department’s decision; and/or

§  Request an adjudicative hearing to contest the department’s decision.

Furthermore, this act establishes under RCW 28A.400.303 that school districts, educational service districts, the WA State Center for Childhood Deafness and Hearing Loss, the State School for the Blind, Federal Bureau of Indian Affairs-Funded schools, and charter schools may not deny a prospective volunteer solely because of a founded finding of abuse or neglect when the founded finding or court finding is accompanied by a certificate of parental improvement.  

The bill also states that the department may not delay a license or approval of unsupervised access to children to an individual solely because of a founded finding of abuse or neglect involving the individual revealed in the background check process or solely because the individual’s child was found by a court to be dependent pursuant to chapter 13.34 when that founded finding or court finding is accompanied by a certificate of parental improvement as defined.

Additionally, new sections are added to RCW chapters 74.13, 18.20, and 18.51 to determine that assisted living facilities and nursing homes may also not deny a prospective volunteer solely because of founded findings of abuse or neglect when the findings are accompanied by a certificate of parental improvement.

*Companion to HB1645

Amendments:

Updated 2/26/19:

  • Will issue a certificate of parental improvement (CPI) if, on a more probable than not basis, the requester has the character, suitability, and competence to care for children —and meets the other requirements.
  • May not issue a CPI if less than two years have passed since DCYF’s denial of an individual’s request for a CPI.
  • If asked to review a denied request, and that request is denied, that notice shall be sent to the requestor by certified mail.
  • May not deny or delay a license to provide supervised child care or early learning services to an individual with a finding of child abuse/neglect or a court finding of dependency when accompanied by a CPI.
  • Must adopt rules and investigate conviction records, pending charges, and other information including civil adjudication proceeding records when respond to a request from an individual for a CPI.

Petitioner and individual making a request is changed to requestor.