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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
By January 1, 2027, the department shall develop or contract with an external entity for the development of a training regarding mandatory reporting of child abuse and neglect suitable for coaches of youth sports organizations. The department shall make the training developed under this subsection available to the public in an accessible format.
Beginning July 1, 2027, each youth sports organization shall require each coach to annually complete training regarding mandatory reporting of child abuse and neglect as provided in RCW 26.44.030 developed by the department under subsection (1) of this section.
(1)(a) When any member of the clergy, practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of children, youth, and families, licensed or certified child care providers or their employees, employee of the department of social and health services, juvenile probation officer, diversion unit staff, placement and liaison specialist, responsible living skills program staff, HOPE center staff, state family and children's ombuds or any volunteer in the ombuds' office, coach of a youth sports organization, or host home program has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.43.832 through 43.43.845.
"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.
"Applicant" means:
Any prospective employee, volunteer, or contractor who will or may have supervised or unsupervised access to children, the elderly, or individuals with disabilities during the course of his or her employment or involvement with the business or organization;
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;
Any prospective adoptive parent, as defined in RCW 26.33.020; or
Any prospective custodian in a nonparental custody proceeding under chapter 26.10 RCW.
"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.
"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
"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.
"Client" or "resident" means a child, person with developmental disabilities, or vulnerable adult applying for housing assistance from a business or organization.
"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.
"Covered individual" means an individual:
Who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and
Who:
Is employed by, volunteers with, or contracts with, or seeks to be employed by or volunteer or contract with a qualified entity; or
Owns or operates or seeks to own or operate, a qualified entity.
"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.
"Crimes relating to drugs" means a conviction of a crime to manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
"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.
"Elderly" means a person 60 years of age or older.
"Financial exploitation" means "financial exploitation" as defined in RCW 74.34.020.
"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.
"Individuals with disabilities" means persons with the functional, mental, or physical inability to care for themselves, individuals with developmental disabilities, or individuals subject to a conservatorship or guardianship.
"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.
"Qualified entity" means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
"Unsupervised" means not in the presence of:
Another employee or volunteer from the same business or organization as the applicant; or
Any relative or guardian of any of the children, the elderly, or individuals with disabilities to which the applicant has access during the course of his or her employment or involvement with the qualified entity, 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.
"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.
"Coach" means a person employed or volunteering as a coach, manager, or supervisor of a youth athletic activity, but does not include occasional assistance with or support of the youth athletic activity by a person, including the actions of other volunteers or employees of the youth sports organization in a passing, general, or nominal manner.
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"Youth sports organization" includes:
A private for-profit or nonprofit organization that as part of its core function provides persons who are less than 18 years old the opportunity to participate in scheduled competitive or recreational sporting activities whether individually or as a team, but does not include a sporting activity that is incidental to a nonathletic program or lesson;
Interschool athletic activities governed by the Washington interscholastic activities association, operated by any public school as defined in RCW 28A.150.010, or operated by any private secondary school including those approved under chapter 28A.195 RCW; and
A city or county when providing persons who are less than 18 years old the opportunity to participate in scheduled competitive or recreational sporting activities whether individually or as a team, but does not include a sporting activity that is incidental to a nonathletic program or lesson.
"Youth sports organization" does not include:
A licensed child care center or family home provider as defined in RCW 43.216.010;
An institution of higher education, as defined in RCW 28B.10.016, or a private institution of higher education; or
An organization that provides the opportunity to participate in an unsupervised and unscheduled competitive or recreational sporting event.
A business or organization shall not make an inquiry to the Washington state patrol under RCW 43.43.832 or an equivalent inquiry to a federal law enforcement agency unless the business or organization has notified the applicant who may be offered a position as an employee or volunteer, that an inquiry may be made.
A business or organization shall require each applicant to disclose to the business or organization whether the applicant:
Has been convicted of a crime;
Has had findings made against him or her in any civil adjudication proceeding as defined in RCW 43.43.830; or
Has both a conviction under (a) of this subsection and findings made against him or her under (b) of this subsection.
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A youth sports organization shall make an inquiry to the Washington state patrol under RCW 43.43.832 or an equivalent inquiry to federal law enforcement before employing any coach with any associated costs related to this inquiry paid by the prospective coach.
A youth sports organization may not hire a coach if the inquiry required under this subsection (3) shows that the person has been convicted of a crime against children or other persons.
The business or organization shall pay such reasonable fee for the records check as the state patrol may require under RCW 43.43.838.
The business or organization shall notify the applicant of the state patrol's response within ten days after receipt by the business or organization. The employer shall provide a copy of the response to the applicant and shall notify the applicant of such availability.
The business or organization shall use this record only in making the initial employment or engagement decision. Further dissemination or use of the record is prohibited, except as provided in RCW 28A.320.155. A business or organization violating this subsection is subject to a civil action for damages.
An insurance company shall not require a business or organization to request background information on any employee before issuing a policy of insurance.
The business and organization shall be immune from civil liability for failure to request background information on an applicant unless the failure to do so constitutes gross negligence.