Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › Section 388-700-0005 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Assistant secretary"
means the assistant
				  secretary of the juvenile rehabilitation administration.
"Community facility"
means a group care facility
				  operated for the care of juveniles committed to the department under
				  RCW
				  13.40.185. A county detention facility that
				  houses juveniles committed to the department under
				  RCW
				  13.40.185 pursuant to an interagency
				  agreement with the department is not a community facility.
"Contractor"
means a department of social and
				  health services (DSHS)/juvenile rehabilitation administration (JRA) contractor
				  and all employees and all subcontractors of that contractor.
"Department"
means the department of social and
				  health services.
"JRA"
means the juvenile rehabilitation
				  administration, department of social and health services.
"JRA youth"
or
"juvenile"
means a
				  juvenile offender under the jurisdiction of JRA or a youthful offender under
				  the jurisdiction of the department of corrections who is placed in a JRA
				  facility.
"Limited access"
means supervised access to a
				  juvenile(s) that is the result of the person's regularly scheduled activities
				  or work duties.
"Preponderance of the evidence"
means a
				  determination by the secretary that the alleged sexual misconduct more likely
				  than not occurred, or an admission of sexual misconduct has been made.
"Program administrator"
means institution
				  superintendent, regional administrator, or their designees.
"Reasonable cause"
means a reason that would
				  motivate a person of ordinary intelligence under the circumstances to believe
				  that an act of sexual misconduct may have occurred.
"Regular access"
means unsupervised access to a
				  juvenile(s), for more than a nominal amount of time, that is the result of the
				  person's regularly scheduled activities or work duties.
"Secretary"
means the secretary of the
				  department of social and health services.
"Sexual contact"
means any touching of the
				  sexual or other intimate parts of a person done for the purpose of gratifying
				  sexual desire of either party or a third party.
"Sexual intercourse"
has its ordinary meaning
				  and:
(1) Occurs upon any penetration,
				however slight; and
(2) Also means
				any penetration of the vagina or anus however slight, by an object, when
				committed on one person by another, whether such persons are of the same or
				opposite sex, except when such penetration is accomplished for medically
				recognized treatment or diagnostic purposes; and
(3) Also means any act of sexual contact
				between persons involving the sex organs of one person and the mouth or anus of
				another whether such persons are of the same or opposite sex.
"Suspend"
means to remove from unsupervised
				  access to any JRA youth.
Statutory Authority:
					 RCW
					 13.40.570. 00-24-014, § 388-700-0005,
					 filed 11/27/00, effective 12/28/00.