What definitions apply to WAC 388-06-0100 through 388-06-0260 of this chapter?
"Authorized" or "authorization" means not disqualified by the department to have unsupervised access to children and individuals with a developmental disability. This includes persons who are certified, contracted, allowed to receive payments from department funded programs, or volunteer.
"CA" means children's administration, department of social and health services. Children's administration is the cluster of programs within DSHS responsible for the provision of licensing of foster homes, group facilities/programs and child-placing agencies, child protective services, child welfare services, and other services to children and their families.
(1) Department approval of a person, home, or facility that does not legally need to be licensed, but wishes to have evidence that they met the minimum licensing requirements.
(2) Department licensing of a child-placing agency to certify and supervise foster home and group care programs.
"Children" and "youth" are used interchangeably in this chapter and refer to individuals who are under parental or department care including:
(1) Individuals under eighteen years old; or
(2) Foster children up to twenty-one years of age and enrolled in high school or a vocational school program; or
(3) Developmentally disabled individuals up to twenty-one years of age for whom there are no issues of child abuse and neglect; or
(4) JRA youth up to twenty-one years of age and who are under the jurisdiction of JRA or a youthful offender under the jurisdiction of the department of corrections who is placed in a JRA facility.
"Civil adjudication proceeding"
is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34
, 26.44 or 74.34
RCW, or rules adopted under chapters 18.51
RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
"Community residential service businesses" include all division of developmental disabilities supported living providers with the exception of supported living providers who are also licensed as an assisted living facility or adult family home provider. Community residential service providers also include DDD companion homes, DDD alternative living and licensed residential homes for children.
"DCFS" means division of children and family services and is a division within children's administration that provides child welfare, child protective services, and support services to children in need of protection and their families.
"DDD" means the division of developmental disabilities, department of social and health services (DSHS).
"DLR" means the division of licensed resources that is a division within children's administration, the department of social and health services.
"Department" means the department of social and health services (DSHS).
"I" and "you" refers to anyone who has unsupervised access to children or to persons with developmental disabilities in a home, facility, or program. This includes, but is not limited to, persons seeking employment, a volunteer opportunity, an internship, a contract, certification, or a license for a home or facility.
"JRA" means the juvenile rehabilitation administration, department of social and health services.
means an employee of DLR or of a child placing agency licensed or certified under chapter 74.15
RCW to approve and monitor licenses for homes or facilities that offer care to children. Licenses require that the homes and facilities meet the department's health and safety standards.
as defined in RCW 74.39A.240
means a person, including a personal aide, who has contracted with the department to provide personal care or respite care services to functionally disabled persons under the medicaid personal care, community options program entry system, chore services program, or respite care program, or to provide respite care or residential services and supports to persons with developmental disabilities under chapter 71A.12
RCW, or to provide respite care as defined in RCW 74.13.270
"Individuals with a developmental disability"
means individuals who meet eligibility requirements in Title 71A RCW. A developmental disability is any of the following: Intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition described in chapter 388-823
WAC; originates before the age of eighteen years; is expected to continue indefinitely; and constitutes a substantial limitation to the individual.
"Long-term care worker"
has the same meaning as defined in RCW 74.39A.009
includes any crime of domestic violence as defined in RCW 10.99.020
when committed against a spouse, former spouse, person with whom the perpetrator has a child regardless of whether the parents have been married or lived together at any time, or an adult with whom the perpetrator is presently residing or has resided in the past.
"Unsupervised" means not in the presence of:
(1) The licensee, another employee or volunteer from the same business or organization as the applicant who has not been disqualified by the background check.
(2) Any relative or guardian of the child or developmentally disabled individual or vulnerable adult to whom the applicant has access during the course of his or her employment or involvement with the business or organization (RCW 43.43.080
"Unsupervised access" means that an individual will or may be left alone with a child or vulnerable adult (individual with developmental disability) at any time for any length of time.
"We" refers to the department, including licensors and social workers.
"WSP" refers to the Washington state patrol.
[Statutory Authority: RCW 43.43.832
and 74.39A.056 as amended by 2012 c 164 and 2012 c 1. WSR 12-21-053, § 388-06-0020, filed 10/15/12, effective 12/25/12. Statutory Authority: RCW 43.43.832
, 74.39A.055, 74.39A.050, 74.39A.095, 74.39A.260, 43.20A.710, and 43.43.837. WSR 10-16-083, § 388-06-0020, filed 7/30/10, effective 8/30/10. Statutory Authority: RCW 74.15.030
. WSR 01-18-025, § 388-06-0020, filed 8/27/01, effective 10/1/01.]