Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-06 - Background checks-early learning programs › Section 110-06-0020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Authorized"
or
"authorization"
means
				approval by DCYF to work at a child care agency, care for children receiving
				early learning services from an agency, have unsupervised access to children
				receiving early learning services, or to
reside on the premises of a child care agency or certified
				facility.
"Certificate of parental improvement (CPI)"
has
				the same meaning as "certificate of parental improvement" in
				RCW
				  43.216.010.
"Certificate of restoration of opportunity (CROP)"
means a certificate issued by a court under chapter 9.97 RCW that may restore
				an individual's eligibility for a license, certification, or background check
				authorization issued under chapter 43.216 RCW.
"Certification"
or
"certified by
				DCYF"
means an agency that is legally exempt from licensing that has
				been certified by DCYF as meeting minimum licensing requirements.
"Child care agency"
or
"agency"
has
				the same meaning as "agency" in
				RCW
				  43.216.010.
"Conviction or other disposition adverse to the
				subject"
has the same meaning as "conviction or other disposition
				adverse to the subject" in
				RCW
				  10.97.030.
"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.
"Department of children, youth, and families
				(DCYF)"
or
"department"
means the Washington state
				department of children, youth, and families.
"Department of social and health services (DSHS)"
means the Washington state department of social and health services.
"Disqualified"
or
"disqualify"
means a
				DCYF determination or finding was issued to a subject individual that because
				of their background information history, they are prohibited from:
(a) Caring for or having unsupervised access to children
				receiving early learning services;
(b) Working at a child care agency; or
(c) Residing at the premises of a child care agency or
				certified facility.
"Early learning services"
means programs and
				services including, but not limited to, the early childhood education and
				assistance program (ECEAP), head start, licensed child care, and license-exempt
				child care services.
"FBI"
means the Federal Bureau of
				Investigation.
"In-home/relative provider"
or
"family,
				friends, and neighbors provider"
or
"FFN provider"
means an
				individual who is exempt from child care licensing standards, meets the
				requirements of chapter 110-16 WAC, and is approved for working connections
				child care (WCCC) payments under WAC
				110-15-0125.
"Licensee"
means the individual, person,
				organization, or legal entity named on the child care license issued by DCYF
				and responsible for operating the child care facility or agency.
"Negative action"
has the same meaning as
				"negative action" in
				RCW
				  43.216.010. A negative action includes a
				court order or court judgment that finds the subject individual's child
				dependent and the basis for such finding is
				RCW
				  13.34.030(6) or other
				equivalent state or federal statute.
"Nonconviction information"
has the same meaning
				as "nonconviction information" in
				RCW
				  43.216.010.
"Nonexpiring license"
or
"nonexpiring full
				license"
means a license authorized under
				RCW
				  43.216.305 that is issued to a licensee
				following the initial licensing period.
"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.
"Premises"
has the same meaning as "premises" in
				WAC
				110-300-0005.
"Secretary's list"
means the conduct and crimes
				described in WAC
				110-06-0120 and
				the federal disqualifying crimes and conduct described in
				42 U.S.C. Sec.
				9858f and C.F.R. Sec. 98.43.
"Subject individual"
means:
(a) An individual who is 16 years of age or older and is
				seeking:
(i) A background check authorization to have unsupervised
				access to children receiving early learning services;
(ii) A background check authorization to care for children
				receiving early learning services;
(iii) A background check authorization to work at a child care
				agency;
(iv) A background check authorization to reside at the premises
				of a child care agency or certified facility;
(v) A reauthorization of a background check authorization
				previously issued by DCYF; or
(vi) A new background check authorization, having been
				previously issued a background check authorization.
(b) A person who is 13 through 15 years of age who is seeking
				or has obtained a background check authorization under WAC
				110-06-0045.
(c) Examples of "subject individual" include, but are not
				limited to:
(i) A person who is seeking an application for a child care
				agency license or a DCYF certification;
(ii) An individual who is currently a licensed or certified
				child care provider who is seeking:
(A) A continuation of a nonexpiring license or renewal of a
				certificate; or
(B) A renewal of DCYF's authorization to care for or have
				unsu-pervised access to children receiving early learning services;
(iii) A person who is a relative provider, in-home provider, or
				is employed by an early learning provider, including assistants and other
				persons who are temporarily employed by an early learning provider;
(iv) A person who is a volunteer or intern that provides early
				learning services;
(v) A person who contracts with an early learning
				provider;
(vi) A person who is 16 years of age or older who:
(A) Resides at, or will be moving onto, the premises where
				early learning services will or are provided; or
(B) Will care for or have unsupervised access to children
				receiving early learning services;
(vii) All owners, operators, lessees, or directors of the
				agency or facility, or their designees; and
(viii) Licensees.
"Unsupervised access"
means not in the presence of
				a subject individual who is an employee of a child care agency and is
				authorized by DCYF to be alone with children receiving early learning services
				from the same agency. For purposes of this definition, unsupervised access
				includes, but is not limited to, access to children receiving early learning
				services who are not within constant visual or auditory range of the individual
				authorized by DCYF to be alone with children receiving early learning
				services.
"WCCC"
means working connections child
				care.
"WSP"
means the Washington state
				patrol.
Statutory Authority: RCW   43.215.070 and chapter 43.215 RCW.
				  WSR 15-24-040, §
										170-06-0020, filed
				  11/20/15, effective 1/1/16. 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. WSR 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. WSR
				  08-10-041, §
										170-06-0020, filed
				  4/30/08, effective 5/31/08.