RCW 43.43.830
Background checks—Access to children or vulnerable persons—Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.43.830 through 43.43.845.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives, provides services to, houses or otherwise cares for vulnerable adults, juveniles, or children, or which provides child day care, early learning, or early childhood education services.
(2) "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;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020; or
(d) Any prospective custodian in a nonparental custody proceeding under *chapter 26.10 RCW.
(3) "Business or organization" means a person, 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, or that provides child day care, early learning, or early learning childhood education services, including but not limited to public housing authorities, school districts, and educational service districts.
(4) "Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.
(5) "Client" or "resident" means a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization.
(6) "Conviction record" means "conviction record" information as defined in RCW 10.97.030 and ** 10.97.050 relating to a crime 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.
(7) "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 kidnapping; first, second, or third degree assault; fourth degree assault (if a violation of RCW 9A.36.041(3)); 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; endangerment with a controlled substance; child abuse or neglect as defined in RCW 26.44.020; first or second degree custodial interference; first or second degree custodial sexual misconduct; hate crime; first, second, or third degree child molestation; first or second degree sexual misconduct with a minor; commercial sexual abuse of a minor; 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; criminal abandonment; or any of these crimes as they may be renamed in the future.
(8) "Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
(9) "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.
(10) "Financial exploitation" means "financial exploitation" as defined in RCW 74.34.020.
(11) "Health care facility" means a nursing home licensed under chapter 18.51 RCW, an assisted living facility licensed under chapter 18.20 RCW, or an adult family home licensed under chapter 70.128 RCW.
(12) "Peer counselor" means a nonprofessional person who has equal standing with another person, providing advice on a topic about which the nonprofessional person is more experienced or knowledgeable, and who is a counselor for a peer counseling program that contracts with or is otherwise approved by the department, another state or local agency, or the court.
(13) "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 or vulnerable adults to which the applicant has access during the course of his or her employment or involvement with the business or organization.
With regard to peer counselors, "unsupervised" does not include incidental contact with children under age sixteen at the location at which the peer counseling is taking place. "Incidental contact" means minor or casual contact with a child in an area accessible to and within visual or auditory range of others. It could include passing a child while walking down a hallway but would not include being alone with a child for any period of time in a closed room or office.
(14) "Vulnerable adult" means "vulnerable adult" as defined in chapter 74.34 RCW, except that for the purposes of requesting and receiving background checks pursuant to RCW 43.43.832, it shall also include adults of any age who lack the functional, mental, or physical ability to care for themselves.
[ 2019 c 271 § 10; 2017 c 272 § 5; 2012 c 44 § 1. Prior: 2011 c 253 § 5; 2007 c 387 § 9; 2005 c 421 § 1; 2003 c 105 § 5; 2002 c 229 § 3; 1999 c 45 § 5; 1998 c 10 § 1; 1996 c 178 § 12; 1995 c 250 § 1; 1994 c 108 § 1; 1992 c 145 § 16; prior: 1990 c 146 § 8; 1990 c 3 § 1101; prior: 1989 c 334 § 1; 1989 c 90 § 1; 1987 c 486 § 1.]
NOTES:
Reviser's note: *(1) Chapter 26.10 RCW, with the exception of RCW 26.10.115, was repealed by 2020 c 312 § 905. RCW 26.10.115 was repealed by 2021 c 215 § 170, effective July 1, 2022.
**(2) RCW 10.97.050 was amended by 2012 c 125 § 2, eliminating the limitation on what may be included in a conviction record.
Effective date—2002 c 229: See note following RCW 9A.42.100.
Effective date—1996 c 178: See note following RCW 18.35.110.
At-risk children volunteer program: RCW 43.150.080.
State hospitals: RCW 72.23.035.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.43 - Washington State Patrol.
43.43.005 - Comprehensive outreach and marketing strategic plan.
43.43.012 - Chief for a day program.
43.43.013 - Donations, gifts, conveyances, devises, and grants.
43.43.015 - Affirmative action.
43.43.020 - Appointment of personnel.
43.43.030 - Powers and duties—Peace officers.
43.43.037 - Legislature—Security and protection—Duty to provide.
43.43.040 - Disability of patrol officers.
43.43.050 - Tenure of patrol officers.
43.43.060 - Suspension or demotion of probationary officers.
43.43.080 - Criminal complaint—Authority to suspend officer—Hearing.
43.43.090 - Procedure at hearing.
43.43.110 - Reinstatement on acquittal.
43.43.111 - Patrol officer vehicle accidents.
43.43.112 - Private law enforcement off-duty employment—Guidelines.
43.43.115 - Real property—Sale or disposal of surplus—Distribution of proceeds.
43.43.120 - Patrol retirement system—Definitions.
43.43.130 - Retirement fund created—Membership.
43.43.135 - Membership in more than one retirement system.
43.43.138 - Establishing, restoring service credit.
43.43.139 - Membership while serving as state legislator—Conditions.
43.43.142 - Retirement board abolished—Transfer of powers, duties, and functions.
43.43.165 - Board may receive contributions from any source.
43.43.220 - Retirement fund—Expenses.
43.43.230 - Total service credit.
43.43.233 - Purchase of additional service credit—Costs—Rules.
43.43.235 - Service credit for paid leave of absence.
43.43.250 - Retirement of members.
43.43.260 - Benefits—Military service credit.
43.43.263 - Effect of certain accumulated vacation leave on retirement benefits.
43.43.264 - Benefit calculation—Limitation.
43.43.274 - Minimum retirement allowance—Annual adjustment.
43.43.278 - Retirement option.
43.43.286 - Rights reserved to the legislature—No future contractual rights.
43.43.290 - Status in case of disablement.
43.43.295 - Accumulated contributions—Payment upon death of member.
43.43.315 - Optional actuarially equivalent life annuity benefit.
43.43.320 - Penalty for falsification.
43.43.330 - Examinations for promotion.
43.43.340 - Eligible list, and promotions therefrom—Affirmative action.
43.43.350 - Determination of eligibility for examination for promotion.
43.43.360 - Probationary period.
43.43.370 - Staff or technical officers.
43.43.380 - Minimum salaries—Report.
43.43.390 - Bicycle awareness program—Generally.
43.43.395 - Ignition interlock devices—Standards—Compliance.
43.43.3952 - Ignition interlock devices—Officer required to report violations—Liability.
43.43.396 - Ignition interlock devices—Fee schedule and fee collection—Report—Fee deposit.
43.43.400 - Aquatic invasive species inspection and training.
43.43.480 - Routine traffic enforcement information.
43.43.500 - Crime information center—Established—Purpose—Functions.
43.43.530 - Crime information center—Cost of terminal facilities.
43.43.540 - Sex offenders and kidnapping offenders—Central registry—Reimbursement to counties.
43.43.545 - Statewide sexual assault kit tracking system.
43.43.550 - Traffic safety education officers—Powers—Pay and reimbursement.
43.43.560 - Automatic fingerprint information system—Report.
43.43.580 - Firearms background check unit—Automated firearms background check system—Fee.
43.43.585 - Washington background check advisory board.
43.43.590 - State firearms background check system account.
43.43.600 - Drug control assistance unit—Created.
43.43.610 - Drug control assistance unit—Duties.
43.43.630 - Drug control assistance unit—Use of existing facilities and systems.
43.43.640 - Drug control assistance unit—Certain investigators exempt from state civil service act.
43.43.650 - Drug control assistance unit—Employment of necessary personnel.
43.43.655 - Drug control assistance unit—Special narcotics enforcement unit.
43.43.670 - Bureau of forensic laboratory services—Powers—Priorities.
43.43.680 - Controlled substance, simulator solution analysis—Prima facie evidence.
43.43.690 - Crime laboratory analysis fee—Court imposition—Collection.
43.43.700 - Identification and criminal history section.
43.43.705 - Identification data—Processing procedure—Definitions.
43.43.710 - Availability of information.
43.43.715 - Identification—Cooperation with other criminal justice agencies.
43.43.720 - Local identification and records systems—Assistance.
43.43.725 - Records as evidence.
43.43.730 - Records—Inspection—Copying—Requests for purge or modification—Appeals.
43.43.740 - Photographing and fingerprinting—Transmittal of data.
43.43.742 - Submission of fingerprints taken from persons for noncriminal purposes—Fees.
43.43.750 - Use of force to obtain identification information—Liability.
43.43.751 - Biological samples for missing persons investigations.
43.43.752 - DNA identification system—Plan—Report.
43.43.753 - Findings—DNA identification system—DNA database—DNA data bank.
43.43.7532 - DNA identification system—DNA database account.
43.43.7541 - DNA identification system—Collection of biological samples—Fee.
43.43.756 - DNA identification system—Analysis, assistance, and testimony services.
43.43.758 - DNA identification system—Local law enforcement systems—Limitations.
43.43.759 - DNA identification system—Rule-making requirements.
43.43.760 - Personal identification—Requests—Purpose—Applicants—Fee.
43.43.762 - Criminal street gang database—Information exempt from public disclosure.
43.43.765 - Reports of transfer, release or changes as to committed or imprisoned persons—Records.
43.43.770 - Unidentified deceased persons.
43.43.775 - Interagency contracts.
43.43.780 - Transfer of records, data, equipment to section.
43.43.785 - Criminal justice services—Consolidation—Establishment of program.
43.43.800 - Criminal justice services programs—Duties of executive committee.
43.43.830 - Background checks—Access to children or vulnerable persons—Definitions.
43.43.8321 - Background checks—Dissemination of conviction record information.
43.43.833 - Background checks—State immunity.
43.43.836 - Disclosure to individual of own record—Fee.
43.43.838 - Record checks—Transcript of conviction record—Fees—Immunity—Rules.
43.43.839 - Fingerprint identification account.
43.43.850 - Organized crime intelligence unit—Created.
43.43.852 - "Organized crime" defined.
43.43.854 - Powers and duties of organized crime intelligence unit.
43.43.870 - Missing children clearinghouse and hotline, duties of state patrol.
43.43.874 - Missing and murdered indigenous women, other indigenous persons—Liaison positions.
43.43.876 - Missing and murdered indigenous women, other indigenous persons—Protocol—Training.
43.43.885 - Scrap metal no-buy list database program.
43.43.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
43.43.930 - State fire protection services—Intent.
43.43.934 - Director of fire protection—Duties.
43.43.938 - Director of fire protection—Appointment—Duties.
43.43.940 - Fire service training program—Grants and bequests.
43.43.942 - Fire service training—Fees and fee schedules.
43.43.944 - Fire service training account.
43.43.946 - Fire services trust fund.
43.43.948 - Fire services trust fund—Expenditures.
43.43.950 - Fire service training center bond retirement account of 1977.
43.43.952 - Arson investigation information system—Findings—Intent.
43.43.960 - State fire service mobilization—Definitions.
43.43.961 - State fire service mobilization—Legislative declaration and intent.
43.43.964 - State fire service mobilization—Development of reimbursement procedures.
43.43.970 - Law enforcement mobilization—Definitions.
43.43.973 - State law enforcement mobilization—State law enforcement coordinator—Duties.