Bill
SB 5252
Aligns WA law with FBI CHRI rules, limiting fingerprint-based data sharing to federally permitted uses, preserving access for licensing while clarifying who must undergo checks.
Status: Passed (2023); Effective date: July 23, 2023
Primary sponsors / request: Senators Valdez, Padden, Kuderer, Nobles, C. Wilson; by request of Department of Social and Health Services (DSHS)
Purpose and intent
- Align Washington law with federal rules governing dissemination of Federal Bureau of Investigation (FBI) criminal history record information (CHRI), so the state may retain authorized access to FBI databases.
- Reduce the risk of unauthorized dissemination of FBI fingerprint-based records by limiting or eliminating state statutory sharing that exceeds federal authorization, and by clarifying which agencies must require fingerprint-based checks.
Key changes / provisions
- Limits dissemination of FBI fingerprint-based background results to only those uses and recipients authorized under federal law (28 U.S.C. § 534 and implementing FBI regulations). Several prior state provisions that allowed broader sharing of FBI CHRI were narrowed or removed.
- Removes statutory requirement that DSHS provide state-and-federal background check results to the Department of Health (DOH) for home care aide certification; instead DSHS must, in some cases, only inform prospective employers whether screened applicants are eligible or ineligible for employment.
- Removes the requirement that DSHS and the Department of Children, Youth, and Families (DCYF) share federal fingerprint-based results with each other; sharing is limited to what federal law permits and, where appropriate, to state-only information.
- Limits inter-facility exchanges of criminal background inquiry information (for health care providers) to state-only information where federal rules prohibit broader dissemination.
- Separates and clarifies WSP/CHRI responsibilities by specifying which categories of people require fingerprint-based checks under DSHS authority versus DCYF authority. Examples (not exhaustive):
- Under DSHS: contractors or workers who have resided in-state <3 years and provide home- and community-based long‑term care services; applicants/employees of adult family homes, assisted living or enhanced services facilities; certified community residential services providers; employees of secure facilities; high‑risk or developmental‑disabilities program staff, including residential habilitation centers.
- Under DCYF: applicants for certain foster/maternity care licenses and adults in those homes; employees/applicants at group care facilities; new child-care licensees or newly licensed providers; those resident <3 years applying for positions with possible unsupervised access to children; contractors providing developmental disabilities services; persons age 16+ residing with providers where children are placed.
- Removes the previously broad exemption that allowed some consumer-directed employer employees to avoid new background checks when certain conditions applied.
- Restores/clarifies fee payment rules in House amendment: service providers licensed by DCYF must pay background check fees and may not pass those fees on to applicants (restoring current law).
Who is affected
- State agencies: DSHS, DCYF, Department of Health, Washington State Patrol (WSP)/Criminal History Records Section.
- Employers and applicants in long‑term care, child care, foster care, group care, residential habilitation, assisted living, adult family homes, and related contractor/provider networks — especially those with unsupervised access to children or vulnerable adults.
- Health care facilities and licensed service providers that exchange background check results.
- Individuals subject to fingerprint-based background checks, particularly those who have lived in Washington less than three consecutive years.
Procedural / practical notes
- Changes were adopted to ensure Washington remains compliant with FBI dissemination rules; noncompliance could result in loss of access to FBI CHRI, impeding federally required background-check processes.
- SB 5252 was signed into law (chaptered) in 2023 and became effective July 23, 2023.
- The statutory amendments modify RCW provisions governing background checks and CHRI dissemination (e.g., RCW 18.88B.080; 43.43.832; related provisions in 43.43.837 and 74.39A.056 were also amended or clarified).
Impact summary
- Reduces statutory avenues for sharing FBI fingerprint-based records beyond federally permitted recipients, tightening confidentiality of federal CHRI.
- Clarifies and redistributes fingerprint-check responsibilities between DSHS and DCYF and expands/clarifies categories of people who must submit fingerprint-based checks.
- Aims to preserve essential federal CHRI access for state licensing and protective screening while limiting risk of unauthorized dissemination.
Compiled from official sources — confirm details with the bill’s official record.
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