SB 6168 allows individuals who are denied licensure, employment, or unsupervised access to children by the Children's Administration based upon the results of a background check to request an internal administrative review in writing using forms provided by the department, which must include the opportunity to submit evidence of the individual's rehabilitation and that allowing the individual unsupervised access to a child will not jeopardize the child's health or safety. The review process must include participation by Children's Administration management staff who are not in the direct chain of command with contracts staff and be completed within sixty days. Civil liability on the part of the state or any state agency, officer, employee, or agent based upon the operation or outcome of this review process except based upon gross negligence is not created.
Additionally, SB 6168 establishes that the Dept. of Social and Health Services shall afford the same notice, right to an adjudicative proceeding, and evidentiary standards to a person who has been denied employment with a contracted agency by the Children's Administration based on the result of a background check.
Substitute bill: As amended, DSHS must provide background check information to an agency operating under contract with CA concerning an employee or potential employee upon receipt of written permission from the employee or potential employee. The agency may use the background check information to determine whether or not to hire the person. If the agency chooses to hire a person who would be precluded from employment with DSHS based on a disqualifying crime or negative action, DSHS is not liable for harm to a child or DSHS client attributable to such person.CA may not deny or delay a license or approval of unsupervised access to children based on a crime that does not fall within ASFA, or does not relate directly to child safety, permanence, or wellbeing. Provisions concerning access to an internal administrative review or external administrative hearing based on a denial of license or opportunity for employment are removed.