Revised Code of Washington
Chapter 26.44 - Abuse of Children.
26.44.240 - Out-of-home care—Emergency placement—Criminal history record check.

RCW 26.44.240
Out-of-home care—Emergency placement—Criminal history record check.

(1) During an emergency situation when a child must be placed in out-of-home care due to the absence of appropriate parents or custodians, the department shall, or an authorized agency of a federally recognized tribe may, request a federal name-based criminal history record check of each adult residing in the home of the potential placement resource. Upon receipt of the results of the name-based check, the department shall, or an authorized agency of a federally recognized tribe may, provide a complete set of each adult resident's fingerprints to the Washington state patrol for submission to the federal bureau of investigation within fifteen calendar days from the date the name search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide fingerprints and written permission to perform a federal criminal history record check when requested.
(2) When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident, and the resident contests that denial, the resident shall, within fifteen calendar days, submit to the department or an authorized agency of a federally recognized tribe a complete set of the resident's fingerprints with written permission allowing the department or an authorized agency of a federally recognized tribe to forward the fingerprints to the Washington state patrol for submission to the federal bureau of investigation.
(3) The Washington state patrol and the federal bureau of investigation may each charge a reasonable fee for processing a fingerprint-based criminal history record check.
(4) As used in this section, "emergency placement" refers to those limited instances when the department or an authorized agency of a federally recognized tribe is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child's primary caretaker.

[ 2016 c 49 § 1; 2008 c 232 § 2.]
NOTES:

Finding—2008 c 232: "The legislature finds that the safety of children in foster care depends upon receipt of comprehensive, accurate, and timely information about the background of prospective foster parents. It is vital to ensure that all relevant information about prospective foster parents is received and carefully reviewed. The legislature believes that some foster parents may have previously resided in other countries and that it is important to determine whether those countries have background information on the prospective foster parents that might impact the safety of children in their care." [ 2008 c 232 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 26 - Domestic Relations

Chapter 26.44 - Abuse of Children.

26.44.010 - Declaration of purpose.

26.44.015 - Limitations of chapter.

26.44.020 - Definitions.

26.44.030 - Reports—Duty and authority to make—Duty of receiving agency—Duty to notify—Case planning and consultation—Penalty for unauthorized exchange of information—Filing dependency petitions—Investigations—Interviews of children—Records—Risk asse...

26.44.031 - Records—Maintenance and disclosure—Destruction of screened-out, unfounded, or inconclusive reports—Rules—Proceedings for enforcement.

26.44.032 - Legal defense of public employee.

26.44.035 - Response to complaint by more than one agency—Procedure—Written records.

26.44.040 - Reports—Oral, written—Contents.

26.44.050 - Abuse or neglect of child—Duty of law enforcement agency or department of children, youth, and families—Taking child into custody without court order, when.

26.44.053 - Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.

26.44.056 - Protective detention or custody of abused child—Reasonable cause—Notice—Time limits—Monitoring plan—Liability.

26.44.060 - Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not affected—False report, penalty.

26.44.061 - False reporting—Statement warning against—Determination letter and referral.

26.44.063 - Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or termination of restraining order.

26.44.067 - Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.

26.44.075 - Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.

26.44.080 - Violation—Penalty.

26.44.100 - Information about rights—Legislative purpose—Notification of investigation, report, and findings.

26.44.105 - Information about rights—Oral and written information—Copies of dependency petition and any court order.

26.44.110 - Information about rights—Custody without court order—Written statement required—Contents.

26.44.115 - Child taken into custody under court order—Information to parents.

26.44.120 - Information about rights—Notice to noncustodial parent.

26.44.125 - Alleged perpetrators—Right to review and amendment of finding—Hearing.

26.44.130 - Arrest without warrant.

26.44.140 - Treatment for abusive person removed from home.

26.44.150 - Temporary restraining order restricting visitation for persons accused of sexually or physically abusing a child—Penalty for violating court order.

26.44.160 - Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for treatment.

26.44.170 - Alleged child abuse or neglect—Use of alcohol or controlled substances as contributing factor—Evaluation.

26.44.175 - Multidisciplinary child protection teams—Information sharing—Confidentiality—Immunity from liability.

26.44.180 - Multidisciplinary child protection teams—Investigation of child sexual abuse, online sexual exploitation and commercial sexual exploitation of minors, child fatality, child physical abuse, and criminal child neglect cases—Protocols.

26.44.185 - Investigation of child sexual abuse—Revision and expansion of protocols—Child fatality, child physical abuse, and criminal child neglect cases.

26.44.186 - Child forensic interview recordings disclosed in a criminal or civil proceeding subject to protective order—Civil penalties and sanctions.

26.44.187 - Child forensic interviews—Audio/video recordings exempt from disclosure under public records act—Court order required for disclosure.

26.44.188 - Finding—Intent—Restrictions on dissemination of child forensic interview recordings.

26.44.190 - Investigation of child abuse or neglect—Participation by law enforcement officer.

26.44.195 - Negligent treatment or maltreatment—Offer of services—Evidence of substance abuse—In-home services—Initiation of dependency proceedings.

26.44.200 - Methamphetamine manufacture—Presence of child.

26.44.210 - Alleged child abuse or neglect at the state school for the deaf—Investigation by department—Investigation report.

26.44.220 - Abuse of adolescents—Staff training curriculum.

26.44.240 - Out-of-home care—Emergency placement—Criminal history record check.

26.44.250 - Arrest upon drug or alcohol-related driving offense—Child protective services notified if child is present and operator is a parent, guardian, or custodian.

26.44.260 - Family assessment response.

26.44.270 - Family assessment—Recommendation of services.

26.44.272 - Family assessment—Assessment for child safety and well-being—Referral to preschool, child care, or early learning programs—Communicating with and assisting families.

26.44.280 - Liability limited.

26.44.290 - Near fatalities—Review of case files—Investigation.

26.44.901 - Construction—Prevention services.