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SB 5316

Concerning background check and licensing fees for programs administered by the department of children, youth, and families.

2023-2024 Regular Session Introduced by Andy Billig and 2 co-sponsors

DCYF now pays fingerprint check fees for foster/adoptive and child-care workers, extends clearance cards to 5 years, and removes applicant fees to speed hiring.

Effective date 7/23/2023.
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Bill Summary · SB 5316

Summary — SB 5316 (2023): Background check and licensing fees for DCYF programs

Status: Chapter 437, 2023 Laws (signed by Governor 5/11/2023; effective 7/23/2023)
Primary sponsors: Senators Claire Wilson (C.), Billig, and Nobles

Purpose

SB 5316 changes who pays for mandatory fingerprint-based background checks and modifies the administration and fee structure for Washington’s child-care background clearance registry. The bill aims to reduce out‑of‑pocket barriers and delays for people seeking to work or serve in foster care and child care settings.

Key provisions and changes

  • Department pays fingerprint fees

    • The Department of Children, Youth, and Families (DCYF) is required to pay the Washington State Patrol (WSP) and FBI fees for fingerprint‑based background checks for:
    • All foster‑care and adoptive applicants and related service providers (expanded from prior narrower coverage).
    • All child‑care applicants and service providers covered by DCYF licensing and approvals.
    • The statute also requires the relevant departments to develop rules identifying financial responsibilities for fingerprinting fees among departments, service providers, and applicants.

  • Background check clearance registry and cards

    • DCYF must maintain the individual‑based (portable) background check clearance registry regardless of specific appropriations.
    • Background check clearance cards/certificates issued by DCYF are extended to be valid for five years (previously three years).
    • Provisions that required payment of fees by child‑care licensees or applicants to cover registry administration were removed or repealed.

  • Provisional employment

    • Allows a provisional hiring period (up to 120 days) where an individual may be employed while a fingerprint check is pending, provided the applicant is not disqualified by immediate results.

  • Licensing fee waiver (amendments and final outcome)

    • Early versions sought to make the pandemic-era waiver of DCYF child‑care licensing fees permanent. During amendment in the House, a change restored the prior expiration (i.e., the prohibition on charging certain child‑care licensing fees continued to expire on June 30, 2023). Committee action also added a clause making implementation contingent on budget funding in some amendment drafts. The enacted chapter focuses primarily on background‑check provisions.

Who is affected

  • Directly affected:
    • Prospective and current foster, adoptive, and relative caregivers.
    • Child‑care applicants, employees, licensees and service providers (including non‑DCYF contractors and volunteers covered by DCYF rules).
    • DCYF (administrative responsibilities and payment obligations).
    • Washington State Patrol and FBI (background check recipients).
  • Indirectly affected:
    • Child‑care employers (who will no longer have to require applicants to pay fingerprint fees).
    • Families relying on child care or foster placement (potentially reduced delays in onboarding caregivers/providers).

Fiscal and procedural notes

  • Fiscal note: Available (DCYF assumes responsibility for paying WSP/FBI fees — a state fiscal impact).
  • Appropriation: The enacted law’s text and legislative record note discussions about funding; some amendment versions included a “null and void unless funded” clause. The chapter was enacted and took effect 7/23/2023.
  • Effective date: Chapter 437, 2023 Laws — effective July 23, 2023 (see enrolled act for exact section effective dates and any emergency clauses).

Practical effect

By shifting the cost of fingerprint checks from applicants/licensees to DCYF and by extending the validity of clearance cards and requiring the registry be maintained, the law is intended to lower financial and time barriers to entering the child‑care and foster‑care workforce and to reduce hiring delays that can arise while applicants await background results.

Compiled from official sources — confirm details with the bill’s official record.

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