AN ACT Relating to
background checks on employees of public housing authorities; and amending RCW
43.43.830.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.43.830 and 1992
c 145 s 16 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW 43.43.830 through 43.43.840.
(1)
"Applicant" means:
(a) Any prospective employee
who will or may have unsupervised access to children under sixteen years of age
or developmentally disabled persons or vulnerable adults during the course of
his or her employment or involvement with the business or organization;
(b) Any prospective
volunteer who will have regularly scheduled unsupervised access to children
under sixteen years of age, developmentally disabled persons, or vulnerable
adults during the course of his or her employment or involvement with the
business or organization under circumstances where such access will or may
involve groups of (i) five or fewer children under twelve years of age, (ii)
three or fewer children between twelve and sixteen years of age, (iii)
developmentally disabled persons, or (iv) vulnerable adults; or
(c) Any prospective
adoptive parent, as defined in RCW 26.33.020.
(2) "Business or
organization" means a business or organization licensed in this state, any
agency of the state, or other governmental entity, that educates, trains,
treats, supervises, houses, or provides recreation to developmentally
disabled persons, vulnerable adults, or children under sixteen years of age,
including but not limited to public housing authorities, school
districts, and educational service districts.
(3) "Civil adjudication"
means a specific court finding of sexual abuse or exploitation or physical
abuse in a dependency action under RCW 13.34.040 or in a domestic relations
action under Title 26 RCW. In the case of vulnerable adults, civil
adjudication means a specific court finding of abuse or financial exploitation
in a protection proceeding under chapter 74.34 RCW. It does not include
administrative proceedings. The term "civil adjudication" is further
limited to court findings that identify as the perpetrator of the abuse a named
individual, over the age of eighteen years, who was a party to the dependency
or dissolution proceeding or was a respondent in a protection proceeding in
which the finding was made and who contested the allegation of abuse or exploitation.
(4) "Conviction
record" means "conviction record" information as defined in RCW
10.97.030(3) relating to a crime against children or other persons committed by
either an adult or a juvenile. It does not include a conviction for an offense
that has been the subject of an expungement, pardon, annulment, certificate of
rehabilitation, or other equivalent procedure based on a finding of the
rehabilitation of the person convicted, or a conviction that has been the
subject of a pardon, annulment, or other equivalent procedure based on a
finding of innocence. It does include convictions for offenses for which the
defendant received a deferred or suspended sentence, unless the record has been
expunged according to law.
(5) "Crime
against children or other persons" means a conviction of any of the
following offenses: Aggravated murder; first or second degree murder; first or
second degree kidnaping; first, second, or third degree assault; first, second,
or third degree assault of a child; first, second, or third degree rape; first,
second, or third degree rape of a child; first or second degree robbery; first
degree arson; first degree burglary; first or second degree manslaughter; first
or second degree extortion; indecent liberties; incest; vehicular homicide;
first degree promoting prostitution; communication with a minor; unlawful
imprisonment; simple assault; sexual exploitation of minors; first or second
degree criminal mistreatment; child abuse or neglect as defined in RCW
26.44.020; first or second degree custodial interference; malicious harassment;
first, second, or third degree child molestation; first or second degree sexual
misconduct with a minor; first or second degree rape of a child; patronizing a
juvenile prostitute; child abandonment; promoting pornography; selling or
distributing erotic material to a minor; custodial assault; violation of child
abuse restraining order; child buying or selling; prostitution; felony indecent
exposure; or any of these crimes as they may be renamed in the future.
(6) "Crimes
relating to financial exploitation" means a conviction for first, second,
or third degree extortion; first, second, or third degree theft; first or
second degree robbery; forgery; or any of these crimes as they may be renamed
in the future.
(7) "Disciplinary
board final decision" means any final decision issued by the disciplinary
board or the director of the department of licensing for the following
businesses or professions:
(a) Chiropractic;
(b) Dentistry;
(c) Dental hygiene;
(d) Massage;
(e) Midwifery;
(f) Naturopathy;
(g) Osteopathy;
(h) Physical therapy;
(i) Physicians;
(j) Practical nursing;
(k) Registered
nursing;
(l) Psychology; and
(m) Real estate
brokers and salesmen.
(8)
"Unsupervised" means not in the presence of:
(a) Another employee
or volunteer from the same business or organization as the applicant; or
(b) Any relative or
guardian of any of the children or developmentally disabled persons to which
the applicant has access during the course of his or her employment or
involvement with the business or organization.
(9) "Vulnerable
adult" means a person sixty years of age or older who has the functional,
mental, or physical inability to care for himself or herself or a patient in a
state hospital as defined in chapter 72.23 RCW.
(10) "Financial
exploitation" means the illegal or improper use of a vulnerable adult or
that adult's resources for another person's profit or advantage.
(11)
"Agency" means any person, firm, partnership, association,
corporation, or facility which receives, provides services to, houses or
otherwise cares for vulnerable adults.
