Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-06 - DEL background check rules › Section 170-06-0020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Agency"
has the same meaning as "agency" in
				RCW
				   43.215.010(2).
"Appellant"
means only those with the right of
				appeal under this chapter.
"Authorized"
or
"authorization"
means
				approval by DEL to care for or have unsupervised access to children receiving
				early learning services or to work in or reside on the premises of a child care
				agency or certified facility.
"Certification"
or
"certified by DEL"
means an agency that is legally exempt from licensing that has been certified
				by DEL as meeting minimum licensing requirements.
"Conviction information"
means criminal history
				record information relating to an incident which has led to a conviction or
				other disposition adverse to the subject individual.
"DEL"
or
"department"
means the
				department of early learning.
"Director's list"
means a list of crimes, the
				commission of which disqualifies a subject individual from being authorized by
				DEL to care for or have unsupervised access to children receiving early
				learning services, WAC
				170-06-0120.
"Disqualified"
means DEL has determined that a
				person's background information prevents that person from being licensed or
				certified by DEL or from being authorized by DEL to care for or have
				unsupervised access to children receiving early learning services.
"Early learning service(s)"
for purposes of this
				chapter means the early childhood education and assistance program and licensed
				child care.
"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 early learning 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.
"Nonconviction information"
means arrest, pending charges, founded
				allegations of child abuse, or neglect pursuant to
				chapter
				26.44 RCW, or other
				negative action adverse to the subject individual.
"Nonexpiring license"
or
"nonexpiring full
				license"
means a full license that is issued to a licensee following the
				initial licensing period, as provided in WAC 170-151-087,
				170-295-0095, or
				170-296A-1450, as
				appropriate.
"Subject individual":
(a) Means an individual who:
(i) Is seeking a background check authorization or upon whom
				the department may conduct a background check authorization;
(ii) Is sixteen years of age or older;
(iii) Is employed by, contracted with, or volunteering to
				provide early learning services; and
(iv) Will care for or have unsupervised access to children
				receiving early learning services; and
(b) Includes, but is not limited to, the following:
(i) Personnel, including employees and staff;
(ii) Contractors, including contracted providers;
(iii) Temporary workers;
(iv) Assistants;
(v) Volunteers;
(vi) Interns;
(vii) Each person who is sixteen years of age or older residing
				on, or moving into, the premises where early learning services are
				provided;
(viii) All other individuals who are sixteen years of age or
				older who will care for or have unsupervised access to children receiving early
				learning services;
(ix) All owners, operators, lessees, or directors of the agency
				or facility, or their designees;
(x) Applicants. As used in this definition, "applicant" means
				an individual who is seeking a DEL background check authorization as part
				of:
(A) An application for a child care agency license or DEL
				certification or who seeks DEL authorization to care for or have unsupervised
				access to children receiving early learning services; or
(B) A continuation of a nonexpiring license or renewal of a
				certificate, or renewal of DEL's authorization to care for or have unsupervised
				access to children receiving early learning services, with respect to an
				individual who is a currently licensed or certified child care provider;
				and
(xi) Licensees. As used in this definition, "licensee" means
				the individual, person, organization, or legal entity named on the child care
				license issued by DEL and responsible for operating the child care facility or
				agency.
"Unsupervised access"
means:
(a) A subject individual will or may have the opportunity to be
				alone with a child receiving early learning services at any time and for any
				length of time; and
(b) Access that is not within constant visual or auditory range
				of the licensee, an employee authorized by DEL, nor a relative or guardian of
				the child receiving early learning services.
Statutory Authority:
				  RCW
				     43.215.200,
				  43.215.205,
				  43.215.215 through
				  43.215.218,
				  43.43.830,
				  43.43.832, chapter 43.215 and
				  43.43 RCW, and   2011 c  295.
				  12-12-040, §
										170-06-0020, filed 5/30/12,
				  effective 7/1/12. Statutory Authority: Chapter 43.215 RCW,
				  RCW
				     43.43.832, 2006 c 265 and 2007 c 387.
				  08-10-041, §
										170-06-0020, filed 4/30/08,
				  effective 5/31/08.