Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-04 - Background check requirements-child welfare › Section 110-04-0020 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Authorized"
or
"authorization"
means
				not disqualified by the department to work in a group care facility or have
				unsupervised access to children. This includes persons who are certified,
				contracted, allowed to receive payments from department funded programs, or
				volunteer.
"Certification"
means department or child placing
				agency (CPA) approval of a person, foster home, or facility that is exempt from
				licensing but meets the licensing requirements.
"Certificate of parental improvement (CPI)"
means
				a certificate issued under chapter 74.13 RCW.
"Certificate of restoration of opportunity (CROP)"
means a certificate issued under chapter 9.97 RCW.
"Child," "children," or "youth"
means a person who
				is one of the following:
(a) Under 18 years of age;
(b) Up to 21 years of age and enrolled in services through the
				department of social and health services (DSHS) developmental disabilities
				administration (DDA) the day prior to their 18th birthday and pursuing either a
				high school or equivalency course of study (GED/HSEC) or vocational
				program;
(c) Participating in the extended foster care program;
(d) Up to 21 years of age with intellectual and developmental
				disabilities; or
(e) Up to 25 years of age and under the custody of DCYF in
				juvenile rehabilitation.
"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 and
				74.42 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.
"Department"
or
"DCYF"
means the
				department of children, youth, and families.
"I"
and
"you"
refers to anyone who
				has unsupervised access to children 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.
"Licensing division"
or
"LD"
means
				the licensing division within DCYF. LD licenses and monitors foster homes,
				child placing agencies, and licensed group care facilities.
"Licensor"
means either:
(a) An LD employee who recommends approvals for, or monitors
				licenses or certifications for facilities and agencies that provide or certify
				foster family homes or group care facilities under chapters 110-145, 110-147,
				and 110-148 WAC; or
(b) An employee of a child placing agency who certifies or
				monitors foster homes supervised by the child placing agency.
"Negative action"
means a court order, court
				judgment or an adverse action taken by an agency, in any state, federal, tribal
				or foreign jurisdiction, which results in a finding against the subject
				individual reasonably related to the subject individual's character,
				suitability, and competence to care for or have unsupervised access to children
				receiving child welfare services. This may include, but is not limited
				to:
(a) A decision issued by an administrative law judge.
(b) A final determination, decision or finding made by an
				agency following an investigation.
(c) An adverse agency action, including termination,
				revocation, or denial of a license or certification, or if pending adverse
				agency action, the voluntary surrender of a license, certification or contract
				in lieu of the adverse action.
(d) A revocation, denial, or restriction placed on any
				professional license.
(e) A final decision of a disciplinary board.
"Pending criminal charge"
means a criminal charge
				for a crime that has not yet resulted in a final judgment, acquittal,
				conviction, plea, dismissal, or withdrawal.
"Secretary's list"
means a list of crimes or
				negative actions that are federally disqualifying or may relate directly to
				child safety, permanence, or well-being and require DCYF to assess a subject
				individual's character, suitability, and competence to care for or have
				unsupervised access to children receiving child welfare services. The
				secretary's list is available at
https://www.dcyf.wa.gov/sites/default/files/pdf/secretaryslist.pdf
.
"Unsupervised"
means will not or may not be in the
				presence of:
(a) The licensee, another employee, or volunteer from the same
				business or organization as the applicant who has not been disqualified by the
				background check; or
(b) Another individual who has been previously approved by
				DCYF.
"We"
refers to the department, including
				licensors and caseworkers.
"WSP"
refers to the Washington state
				patrol.
Statutory Authority:
				  RCW
				    43.43.832. WSR 15-03-071, §
										388-06A-0020,
				  filed 1/15/15, effective 2/15/15.