SB 5318
In CommitteeSenate
Background checks
Concerning fingerprint-based background checks.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands fingerprint-based background checks to more people working or living in settings where they may have unsupervised access to vulnerable adults, children, or juveniles. It broadens the list of roles requiring checks—including household members in care homes—and requires federal and state fingerprint checks for applicants new to Washington (less than 3 years residency) or in high-risk positions.
- Expands fingerprint-based background checks to more individuals who may have unsupervised access to vulnerable adults, children, or juveniles, including those living in the same home as care recipients (e.g., adult household members in companion or adult family homes).
- Requires fingerprinting for individuals applying for or working in roles such as long-term care service providers, residential habilitation center workers, transitional care facility workers, adult family home licensees, and assisted living facility administrators.
- Mandates fingerprinting through both the Washington State Patrol and the Federal Bureau of Investigation for applicants who have lived in Washington for less than three consecutive years, or who fall into specific high-risk or sensitive roles (e.g., working with developmental disabilities, secure facilities, or tribal aging programs).
- Allows a 120-day provisional hiring period for applicants whose background checks are pending, provided they are not immediately disqualified.
- Clarifies who qualifies as an 'applicant' or 'service provider'—including contractors, volunteers, interns, and individuals chosen by clients to provide services—and expands the definition of 'unsupervised access'.
Who is affected
- Long-term care service providers and direct care workers — Workers in long-term care settings (e.g., adult family homes, assisted living facilities, community residential homes) who provide direct care or supervise operations and may have unsupervised access to vulnerable adults or children.
- Adult household members in care homes — Individuals aged 16 or older who live in homes where children or vulnerable adults receive care (e.g., companion homes, foster homes, group homes), even if they are not employed by the facility.
- Staff at state-operated residential facilities — Staff or administrators at residential habilitation centers, transitional care facilities, and secure facilities for individuals with developmental disabilities or mental health conditions.
- Contractors, volunteers, and other non-employee service providers — Contractors, volunteers, interns, or others providing services to children, vulnerable adults, or juveniles through state-funded programs, including those hired by tribes or area agencies on aging.
- Facility licensees and administrators — Applicants and licensees for adult family homes, assisted living facilities, enhanced services facilities, and certified community residential service providers.
Pro/Con Analysis
Potential Benefits (5)
Expands fingerprint-based background checks to include adult household members (age 16+) in care homes (e.g., adult family homes, companion homes), requiring both state and federal checks for non-residents and high-risk roles. This significantly reduces the risk of abuse, neglect, or exploitation by individuals who are not formally employed but have unsupervised access to vulnerable adults or children.
Public SafetyPeopleRef: Sec. 1, subsection (1), (2)(c), (d), (f)-(h), (k); Sec. 1, subsection (4)(a)-(d)Requires dual-state/federal fingerprinting for applicants with <3 years Washington residency or in high-risk roles (e.g., developmental disabilities, secure facilities, tribal aging programs), improving detection of out-of-state criminal histories and reducing risk of hiring individuals with recent or hidden convictions.
Public SafetyPeopleRef: Sec. 1, subsection (2)(b), (c), (d), (f), (g), (h), (i), (k); Sec. 1, subsection (4)(a)-(d)Expands background check requirements to contractors, volunteers, interns, and individuals chosen by clients (including those paid via state programs), closing a major oversight gap. This prevents circumvention of screening through informal or third-party arrangements, directly enhancing protection of vulnerable populations.
Public SafetyPeopleRef: Sec. 1, subsection (1), (4)(a)-(d); Sec. 1, subsection (9)(a)Allows 120-day provisional hiring while background checks are pending, provided no immediate disqualifying findings. This mitigates staffing shortages in long-term care and other high-need sectors while maintaining safety protocols.
Public SafetyPeopleRef: Sec. 1, subsection (6)Requires state departments to cover fingerprinting fees for most applicants and service providers in covered programs, reducing out-of-pocket costs for workers in low-wage sectors (e.g., direct care workers, volunteers). This improves access to employment in critical care fields.
Public SafetyPeopleRef: Sec. 1, subsection (7)(a)-(f)
Potential Concerns (5)
Expands fingerprint-based background checks to household members aged 16+ in care homes (e.g., adult family homes, companion homes), requiring federal + state checks for non-residents and high-risk roles. This enhances screening of individuals with unsupervised access to vulnerable populations, reducing risk of abuse, neglect, or exploitation by non-staff household members.
Public SafetyPeopleRef: Sec. 1, subsection (2)(c), (d), (f), (g), (h), (i), (k); Sec. 1, subsection (4)(d)Mandates dual-state/federal fingerprinting for applicants with <3 years Washington residency or in high-risk roles (e.g., developmental disabilities, secure facilities), improving accuracy and completeness of criminal history checks. This reduces risk of hiring individuals with out-of-state criminal records or recent convictions, enhancing protection of vulnerable populations.
Public SafetyPeopleRef: Sec. 1, subsection (6); Sec. 1, subsection (7)(a)-(f)Expands background check requirements to contractors, volunteers, interns, and client-hired individuals (including those paid via state programs), closing a major gap in oversight. This prevents individuals from evading checks by working through informal or third-party channels, directly protecting vulnerable adults, children, and juveniles.
Public SafetyPeopleRef: Sec. 1, subsection (1), (4)(a)-(d); Sec. 1, subsection (7)(a)-(f)Allows 120-day provisional hiring while background checks are pending, provided no immediate disqualifying findings. This balances timely staffing (especially in workforce-short sectors like long-term care) with safety, but introduces a limited window where unvetted individuals may have unsupervised access.
Public SafetyPeopleRef: Sec. 1, subsection (6)Clarifies that 'applicant' and 'service provider' include a broad range of roles—contractors, volunteers, interns, client-selected workers—ensuring comprehensive coverage. This prevents loopholes and ensures all individuals with unsupervised access are screened, regardless of formal employment status.
Public SafetyRef: Sec. 1, subsection (9)(a), (h); Sec. 1, subsection (7)(a)-(f)
Who Is Most Affected
Direct care workers, especially low-wage and part-time workers in adult family homes, assisted living, and home care, will face new fingerprinting requirements and potential delays in hiring. While fees are covered by the state, the process may add administrative burden and delay employment for new hires.
Household members aged 16+ in care homes (e.g., adult children living with aging parents receiving care) will now be subject to fingerprinting and federal checks. This increases scrutiny on families providing informal care and may deter household members from participating due to privacy or cost concerns.
Facility licensees and administrators (especially in small, independently owned adult family homes or assisted living facilities) will face increased compliance burdens and administrative costs, though the state covers fingerprinting fees. Small operators may struggle with staffing delays during the 120-day provisional period.
Contractors, volunteers, and interns in state-funded programs (e.g., tribal aging programs, community residential services) will now be subject to comprehensive background checks. This improves safety but may reduce volunteer participation or increase liability concerns for small nonprofits.
State and local governments (DSHS and DCYF) will incur increased administrative costs to process and manage expanded background checks, though the bill explicitly assigns this cost to the state. Long-term, this may strain already-constrained public resources.