Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-831 - Community protection program › Section 388-831-0010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout the chapter
				  unless the context clearly requires otherwise.
"Certified community protection program residential
				  services"
means access to twenty-four hour supervision, instruction, and
				  support services as identified in the person's individual support plan.
"Community protection program"
see WAC
				  388-831-0020.
"Constitutes a risk to others"
means a
				  determination of a person's risk and/or dangerousness based upon a thorough
				  assessment by a qualified professional. Actuarial risk assessment instruments
				  should be used to supplement clinical judgment whenever appropriate.
"Department"
means the department of social and
				  health services.
"Developmental disability"
means that condition
				  defined in WAC
				  388-823-0040 and
				  RCW
				  71A.10.020(3).
"Disclosure"
means providing copies of
				  professional assessments, incident reports, legal documents, and other
				  information pertaining to community protection issues to ensure the provider
				  has all relevant information. Polygraph and plethysmograph reports are excluded
				  from disclosure.
"Division"
means the division of developmental
				  disabilities (DDD).
"Managed successfully"
means that a person
				  supported by a community protection program does not engage in the behavior
				  identified in WAC
				  388-831-0030 and
				  RCW
				  71A.12.210.
"Opportunistic behavior"
means an act committed
				  on impulse, which is not premeditated. In determining whether an act is
				  opportunistic, the original motive or intent of the offense or crime will be
				  considered.
"Predatory"
means acts directed toward
				  strangers, individuals with whom a relationship has been established or
				  promoted for the primary purpose of victimization, or casual acquaintances with
				  whom no substantial personal relationship exists. Predatory behavior may be
				  characterized by planning and/or rehearsing the act, stalking, and/or grooming
				  the victim.
"Program participant"
means a person who has
				  agreed to and is receiving services and supports in the community protection
				  program.
"Qualified professional"
means a licensed
				  psychologist, psychiatrist, or a certified or affiliate sex offender treatment
				  provider with at least three years prior experience working with individuals
				  with developmental disabilities, and:
If the person being assessed has demonstrated sexually
				  aggressive or sexually violent behavior, that person must be assessed by a
				  certified sex offender treatment provider, or affiliate sex offender treatment
				  provider working under the supervision of a certified sex offender treatment
				  provider; or
If the person being assessed has demonstrated violent,
				  dangerous, or aggressive behavior, that person must be assessed by a licensed
				  psychologist or psychiatrist who has received specialized training in the
				  treatment of or has at least three years prior experience treating violent or
				  aggressive behavior.
"Restrictive procedures" or "restrictions"
means
				  procedures that restrict a client's freedom of movement, restrict access to
				  client property, prevent a client from doing something the client wants to do,
				  require a client to do something the client does not want to do, or remove
				  something the client owns or has earned.
"Risk assessment"
means the written opinion of a
				  qualified professional stating, at a minimum:
Whether a person meets the criteria in WAC
				  388-831-0030 and
				  RCW
				  71A.12.210; and
What restrictions are necessary to keep people safe.
"Service provider"
means a person or agency
				  contracted with the department or a sub-contractor who delivers services and
				  supports to a community protection program participant.
"Specialized environment"
means a place where
				  the program participant has agreed to supervision in a safe, structured manner
				  specifying rules, requirements, restrictions, and expectations for personal
				  responsibility in order to maximize community safety.
"Treatment team"
means the program participant
				  and the group of people responsible for the development, implementation, and
				  monitoring of the person's individual supports and services. This group may
				  include, but is not limited to, the case resource manager, therapist,
				  residential provider, employment/day program provider, and the person's legal
				  representative and/or family, provided the person agrees to the family member's
				  involvement.
"Violent" or "violence"
means acts that meet the
				  criteria for crimes listed in
				  RCW
				  9.94A.030(32),
				  9.94A.030(45),
				  9.94A.030(46),
				  9.94A.030(54), or
				  9A.48.040, whether or not the
				  person who committed the acts has been charged with or convicted of the
				  crime.
"Waiver"
means the community-based program
				  funded under section 1915(c) of Title XIX of the federal Social Security Act
				  and chapter 388-845 WAC.
Statutory Authority:
					 RCW
					 71A.12.030,
					 71A.12.210 and Title 71A RCW.
					 10-11-051, § 388-831-0010, filed 5/12/10, effective 6/12/10. Statutory
					 Authority:
					 RCW
					 71A.12.030 and 2006 c 303. 08-20-118, §
					 388-831-0010, filed 9/30/08, effective
					 10/31/08.