Washington Administrative Code › Title 388 - Social and Health Services, Department of › GENERAL › Chapter 388-06B - DSHS Employee Background Checks › Section 388-06B-0020 - What definitions apply to this chapter?

Current through Register Vol. 24-14, July 15, 2024
"Applicant"
means a person who has applied for
				  work in a department-covered position, including current employees, volunteers,
				  students, or interns serving or working in a similarly situated position or any
				  person who must meet state and federal background check requirements to work in
				  a department-covered position.
"Background check central unit"
means the
				  program responsible for conducting background checks for the department of
				  social and health services.
"Child or children"
means any person under
				  eighteen years of age.
"Department"
means the department of social and
				  health services.
"Department-covered position"
means a position
				  that has:
(1) Unsupervised access to
				vulnerable adults, juveniles, or children; or
(2) Access to the internal databases in the
				background check central unit and the division of disability determination
				services.
"Division of disability determination services"
means the DSHS program contracted to perform medical determinations for the
				  Social Security Administration in accordance with Social Security
				  Administration regulations and requirements.
"DSHS"
means the department of social and health
				  services.
"Employee"
means a permanent or non-permanent
				  department of social and health services employee who is appointed to a
				  department-covered position for any reason including but not limited to:
				  transfer, promotion, demotion, elevation, layoff, reassignment, reallocation,
				  and reversion.
"Juvenile"
means a person under the age of
				  twenty-one under the juvenile rehabilitation administration's (JRA)
				  jurisdiction, or under the department of corrections' jurisdiction while placed
				  in a JRA facility.
"Pending charge or pending action"
means a
				  charge or action awaiting a decision by a court or a civil adjudication
				  proceeding. The term pending charge also includes specific types of court
				  action where the defendant has agreed to certain conditions. Examples include a
				  deferred prosecution or a stipulated order of continuance on an agreed
				  condition. The department considers these types of cases on an individual
				  case-by-case basis.
"Permanent employee"
means a department employee
				  who has successfully completed a Washington general service probationary period
				  or Washington management service review period after appointment to a permanent
				  position.
"Sensitive positions"
means positions in the
				  division of disability determination services and the background check central
				  unit with access to federal databases or databases containing background check
				  information.
"Unsupervised access"
means a DSHS employee,
				  volunteer or student intern who:
(1)
				Works, volunteers or serves in a setting, such as an institution, that provides
				residential services to vulnerable adults, juveniles and children;
(2) Works, volunteers or serves in a position
				where, during the course of his or her employment, the employee may transport,
				or visit the residence of, a vulnerable adult, juvenile or child; or
(3) Works, volunteers or serves in a
				position, other than one described in subsection (1) and (2) in this section,
				where the employee may be left alone with a vulnerable adult, juvenile or
				child. "Left alone" does not include the possibility of a public encounter, or
				public interaction.
"Vulnerable adult"
means a person who is a
				  client of the department who is:
(1)
				Sixty years of age or older who has the functional, mental, or physical
				inability to care for himself or herself; or
(2) Found incapacitated under
				chapter
				11.88 RCW; or
(3) Developmentally disabled as defined under
				RCW
				 71A.10.020; or
(4) Admitted to any facility that is operated
				by the department; or
(5) Receiving
				services from a department contracted, authorized, certified, licensed, or
				individual provider, including those certified under
				chapter
				70.96A RCW; or
(6) Receiving services through home health,
				hospice, or home care agencies required to be licensed under chapter 70.127
				RCW; or
(7) Admitted for
				detoxification in a certified chemical dependency treatment facility in
				accordance with
				chapter
				70.96A RCW; or
(8) A vulnerable adult as defined in
				chapter
				74.34
				RCW.