WSR 08-08-012

PERMANENT RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed March 19, 2008, 1:19 p.m. , effective April 19, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department of early learning (DEL) is amending sections of the child care licensing regulations to correct obsolete references to the department of social and health services (DSHS) and DSHS-related laws, rules and program names, and to make other clarifications that do not change the intended effect of the rules. These sections were DSHS rules prior to July 2006, but were transferred to new DEL TITLE 170 WAC to implement chapter 265, Laws of 2006. This permanent adoption impacts chapter 170-151 WAC, School-age child care minimum licensing requirements; chapter 170-295 WAC, Minimum licensing requirements for child care centers; and chapter 170-296 WAC, Child care business regulations for family home child care.

Please note: Additional corrections in these chapters are being proposed under WSR 08-06-101.

Citation of Existing Rules Affected by this Order: Amending WAC 170-151-010, 170-151-020, 170-151-075, 170-151-092, 170-151-095, 170-151-200, 170-151-420, 170-151-460, 170-151-991, 170-151-992, 170-295-0001, 170-295-0020, 170-295-0030, 170-295-0050, 170-295-0090, 170-295-0110, 170-295-0120, 170-295-0130, 170-295-1020, 170-295-1070, 170-295-2060, 170-295-2070, 170-295-3100, 170-295-3190, 170-295-3200, 170-295-3210, 170-295-4010, 170-295-4020, 170-295-4030, 170-295-4090, 170-295-5080, 170-295-7020, 170-295-7060, 170-296-0010, 170-296-0110, 170-296-0160, 170-296-0170, 170-296-0270, 170-296-0290, 170-296-0330, 170-296-0360, 170-296-0390, 170-296-0430, 170-296-0460, 170-296-0480, 170-296-0520, 170-296-0850, 170-296-1250, 170-296-1370, and 170-296-1440.

Statutory Authority for Adoption: Chapter 43.215 RCW; chapter 265, Laws of 2006.

Adopted under notice filed as WSR 08-04-111 on February 6, 2008.

Changes Other than Editing from Proposed to Adopted Version: One additional reference to DSHS in WAC 170-295-0090(9) was changed to the "department."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 50, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 50, Repealed 0.

Date Adopted: March 19, 2008.

Amie Lapp Payne, PhD

Deputy Director

OTS-1305.2


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-010   What definitions are important for the school-age child care center program?   The following definitions are important under this chapter:

"Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

"Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child as defined in RCW 26.44.020 and chapter 388-15 WAC.

"Department" means the state department of early learning (DEL), or its predecessor the department of social and health services (DSHS), the state agency with the legal authority to regulate and certify school-age child care centers.

"Department of health" means the state department of health.

"I," "you," and "your" refer to and mean the licensee or applicant for child care license.

"License" means a permit issued by the department to a person or organization to operate a school-age child care center and affirming the licensee meets requirements under licensure.

"Licensee" means the person, organization, or legal entity named on the facility license and responsible for operating the center.

"Licensor" means the person employed by the department to regulate and license a school-age child care center.

"Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

"School-age child" means a child five years of age through twelve years of age enrolled in a public or private school.

"School-age child care center" means a program operating in a facility other than a private residence, accountable for school-age children when school is not in session. The program must meet department licensing requirements, provide adult-supervised care, and a variety of developmentally appropriate activities.

"Staff" means a person or persons employed by the licensee to provide child care and to supervise children served at the center.

"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy the department's training requirements.

"We" or "our" refer to and mean the department of ((social and health services)) early learning (DEL), including ((division of child care and early learning)) DEL licensors.

[06-15-075, recodified as 170-151-010, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW, RCW 74.08.090. 02-16-062, 388-151-010, filed 8/2/02, effective 10/1/02. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-010, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 98-24-052, 388-151-010, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-010, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-020   Who needs to be licensed?   (1) The person or organization operating a school-age child care center must receive a license from the department to provide school-age child care, in accordance with chapter ((74.15)) 43.215 RCW.

(2) The department does not need to license the person or organization operating a school-age child care center if chapter ((74.15)) 43.215 RCW exempts the person or organization from the licensing requirements. The person or organization claiming an exemption from the licensing requirements must provide the department proof of entitlement to the exemption at the licensor's request.

(3) You may use the following matrix to determine whether or not you are exempt from licensing:

Child care Recreational
The child care facility assumes responsibility for the child and his welfare. Children are free to come and go as they choose.
Children are signed in and can only be released to an authorized adult. No responsibility is assumed in lieu of parent.
A specific registration procedure and required forms must be completed. No registration form or procedure.
Must adhere to ((DSHS)) DEL standards; has specific requirements regarding staff-child ratio and group size. No required staff-child ratio or group size requirements.
Specific ((DSHS)) DEL requirements regarding policies and procedures are in a parent handbook. No specific detailed policies and procedures. General "house rules" apply at each site.
There are specific program goals and activities; calendars of activities are posted and available. Activities occur on a daily basis; no long-term goals or activities exist.
(4) The person or organization that serves state-paid children must:

(a) Be licensed or certified;

(b) Follow billing policies and procedures in Child Care Subsidies, a brochure for providers, ((DSHS 22-877(X),)) DEL 22-877; and((;))

(c) Bill the department at the person's or organization's customary rate or the ((DSHS)) state rate, whichever is less.

[06-15-075, recodified as 170-151-020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW and RCW 34.05.395. 02-13-073, 388-151-020, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-020, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-020, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-075   How do I get a waiver of the licensing requirements contained in this chapter?   (1) In an individual case, the department, for good cause, may waive a specific requirement and approve an alternate method for you to achieve the specific requirement's intent if:

(a) You submit to the department a written waiver request fully explaining the circumstances necessitating the waiver; and

(b) The department decides the department's approval of the waiver approval will not jeopardize the safety or welfare of the child in care or detract from the quality of licensee-delivered services.

(2) The department may approve a waiver request only for a specific purpose or child and for a specific period of time not exceeding the expiration date of your license.

(3) The department may limit or restrict a license the department issues to you in conjunction with a waiver.

(4) You must maintain a copy of the department's written waiver approval on the premises.

(5) You may not appeal the department's denial of your request for waiver under chapter 34.05 RCW or 170-03 WAC.

[06-15-075, recodified as 170-151-075, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-075, filed 12/22/00, effective 1/22/01.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-092   Under what conditions does the department impose civil penalties against me?   (1) Before imposing a civil penalty, the department must provide written notification to you by personal service, by the licensor or another person, or certified mail that includes:

(a) A description of the violation and citation of the applicable requirement or law;

(b) A statement of what you must do to achieve compliance;

(c) The date by which the department requires compliance;

(d) The maximum allowable penalty if you do not achieve timely compliance;

(e) The means to contact any technical assistance services provided by the department or others; and

(f) Notice of when, where, and to whom you may file a request with the department to extend the time to achieve compliance for good cause.

(2) The length of time you have to comply depends on:

(a) The seriousness of the violation;

(b) The potential threat to the health, safety and welfare of children in care; or

(c) Previous opportunities to correct the deficiency.

(3) The department may impose a civil penalty based on but not limited to these reasons:

(a) The department previously has imposed an enforcement action for the same or similar type of violation of the same statute or rule on your child care center; or

(b) The department has previously given your child care center notice of the same or similar type of violation of the same statute or rule; or

(c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

(4) The department may impose a civil penalty in addition to or in conjunction with other disciplinary actions against a child care license including probation, suspension, or other action.

(5) You must pay the civil fine within twenty-eight days after receipt of the notice or later as specified by the department.

(6) The department may forgive the fine if ((the)) you come into compliance during the notification period.

(7) You, as the center or person against whom the department assesses a civil fine, have a right to an adjudicative proceeding under RCW ((43.20A.215)) 43.215.307 and chapter 170-03 WAC.

[06-15-075, recodified as 170-151-092, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-092, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, 388-151-092, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-095   May the department assess civil penalties on unlicensed programs?   If the department receives information that a school-age program is operating without a license, the department will investigate. The department may contact the program, send a letter, or make an on-site visit to determine that the agency is operating without a license. Where the department has determined that an agency is operating without a license, the department must send written notification to the unlicensed program by certified mail or other means showing proof of service. This notification must contain the following:

(1) Notice to the agency of the basis for the department's determination that the agency is providing child care without a license and the need for the department to license the agency;

(2) The citation of the applicable law;

(3) The assessment of seventy-five dollars per day penalty for each day the agency provides unlicensed care. The department makes the fine effective and payable within thirty days of the agency's receipt of the notification;

(4) How to contact the ((office of child care policy)) department;

(5) The unlicensed agency's need to submit an application to the ((office of child care policy)) department within thirty days of receipt of the department's notification;

(6) That the department may forgive the penalty if the agency submits an application within thirty days of the notification; and

(7) The unlicensed agency's right to an adjudicative proceeding as a result of the assessment of a monetary penalty and the appropriate procedure for requesting an adjudicative proceeding.

[06-15-075, recodified as 170-151-095, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-095, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 96-20-095, 388-151-095, filed 10/1/96, effective 11/1/96.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-200   What requirements must I meet for center staff development and training?   (1) You must have an orientation system making employees, volunteers, and trainees aware of program policies and practices. You must provide staff an orientation including, but not limited to:

(a) Licensing rules required under this chapter;

(b) Goals and philosophy of the center;

(c) Planned daily activities and routines;

(d) Age-appropriate child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) Fire prevention and safety procedures; and

(h) Personnel policies.

(2) You must provide or arrange regular training opportunities for the child care staff to:

(a) Promote ongoing employee education;

(b) Enhance practice skills;

(c) Increase cultural awareness; and

(d) Accommodate special health and developmental needs of the individual child.

(3) You must conduct periodic staff meetings for planning and coordination purposes.

(4) You must ensure that:

(a) A staff person with basic, standard, current first-aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training is present at all times while the child is in care; and

(b) Staff's CPR training includes methods appropriate for school-age children in care.

(5) You must provide or arrange appropriate education and training for child care staff on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(6) You must ensure that the person preparing full meals for the center has a valid food handler permit.

(7) You must ensure that the director, site coordinator and, where the program serves more than one group of children, at least one staff person for every group of children, complete:

(a) Ten clock hours or one college quarter credit of training annually, approved by Washington state training and registry ((and training)) system (STARS), beginning one year after licensure or employment in your licensed child care facility; and

(b) For the director and the site coordinator, five of the ten hours of training must be in program management and administration.

[06-15-075, recodified as 170-151-200, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-200, filed 12/22/00, effective 1/22/01. Statutory Authority: RCW 74.15.030. 98-24-052, 388-151-200, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-200, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-420   What are my responsibilities regarding child abuse, neglect, and exploitation?   You and your staff must protect the children in care from child abuse, neglect, or exploitation, as required under chapter 26.44 RCW. If you or your staff have reasonable cause to believe that a child has suffered abuse or neglect, you or your staff must report the alleged incident to law enforcement or the department(('s)) of social and health services child protective services (CPS) section in accordance with RCW 26.44.030.

[06-15-075, recodified as 170-151-420, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-420, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-420, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-460   What program records must I maintain?   You must maintain the following documentation on the premises:

(1) The daily attendance record:

(a) The parent, or other person authorized by the parent to take the child to or from the center, must sign in the child on arrival and must sign out the child at departure, using a full, legal signature;

(b) When the child leaves the center to attend school or other off-site activity as authorized by the parent, your staff person must sign out the child and sign in the child on return to the center; and

(c) Signed agreements between a program director and a parent where school-age child is allowed to leave the center on his own, must be verified by signature and dated by the director and parent. Staff may sign a child in/out whose parent has agreed in writing to let the child leave the center.

(2) A copy of the report sent to the department about any illness or injury to the child in care requiring medical treatment or hospitalization;

(3) The twelve-month record indicating the date and time you conducted the required monthly fire evacuation drills;

(4) A written plan for staff development specifying the content, frequency, and manner of planned training;

(5) Activity program plan records;

(6) A list of each child's allergies and dietary restrictions, if any;

(7) Any incident involving the use of physical restraint;

(8) A record of medication your staff gives to any child; and

(9) A record of accidents and injuries.

(10) Personnel records as described in WAC ((388-151-470)) 170-151-470(4).

[06-15-075, recodified as 170-151-460, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-460, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-460, filed 12/30/92, effective 1/30/93.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-991   Waiver of fees.   Any person or agency subject to license fees under chapter ((440-44 WAC)) 43.215 RCW and this chapter, and organizations in the person's or agency's behalf, may submit a sworn, notarized petition seeking waiver of fees for a licensee or distinguishable class of licensee.

The petition shall be mailed or delivered to the office of the ((secretary)) DEL director. Following receipt of the petition, the ((secretary)) director may require submission of additional information considered relevant.

[06-15-075, recodified as 170-151-991, filed 7/13/06, effective 7/13/06. 00-23-088, recodified as 388-151-991, filed 11/20/00, effective 11/20/00. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-002, filed 6/4/82.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-151-992   Fee payment and refunds.   (1) Fees are due with applications for initial license or renewal. The department will not proceed on applications until required fees are paid.

Except as otherwise provided in these rules, fees shall be paid for a minimum of one year.

(2) Fees for licenses issued for other than yearly periods shall be prorated based on the stated annual fee.

(3) When the department issues a license for more than one year:

(a) Fees may be paid for the entire licensing period by paying at the rate established at the time the application was submitted, or

(b) If the licensee does not pay the fee for the entire license period, annual fees shall be due thirty days prior to each annual anniversary date of the license, at the annual fee rate established by these rules at the time such fee is paid.

(4) Except as otherwise provided in these rules, if an application is withdrawn prior to issuance or denial, one-half of the fee shall be refunded.

(5) If there is a change of or by the licensee requiring a new license, the fee paid for a period beyond the next license anniversary date shall be refunded. Changes requiring a new license shall require a new application and payment of fee as provided herein.

(6) If there is a change by the applicant or licensee that requires an amendment placing the licensee in a higher fee category, the additional fee shall be prorated for the remainder of the license period.

(7) Fees becoming due on or after the effective date of this chapter shall be at the rates provided herein.

(8) To the extent fees are reduced through regular rule adoption of this chapter on or before December 31, 1982, fees shall be refunded.

(9) Fee payments shall be by mail. Payment shall be by check, draft, or money order ((made payable to the department of social and health services)).

[06-15-075, recodified as 170-151-992, filed 7/13/06, effective 7/13/06. 00-23-088, recodified as 388-151-992, filed 11/20/00, effective 11/20/00. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-010, filed 6/4/82.]

OTS-1306.3


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0001   What gives the authority to the department ((of social and health services (DSHS))) to license child care and charge licensing fees?   (1) The rules for child care centers are governed under chapter((s 74.12 and 74.15)) 43.215 RCW.

(2) The rules establishing licensing fees are adopted under authority of RCW ((43.20B.110)) 43.215.255.

[06-15-075, recodified as 170-295-0001, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-0001, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0020   Who needs to become licensed?   (1) Individuals, entities and agencies that provide care for children must be licensed unless specifically exempt under RCW ((74.15.020)) 43.215.010(2).

(2) The person or organization claiming an exemption must provide us with proof of right to the exemption if we request it.

(3) We do not license a center that is legally exempt from licensing per RCW ((74.15.020)) 43.215.010(2). However, if the applicant requests it, we follow all licensing regulations to investigate and may certify the center as meeting licensing and other pertinent requirements. In such a case, all our licensing requirements and procedures apply equally to certification.

(4) We may certify a child care center for payment without further investigation if the center is:

(a) Licensed by an Indian tribe;

(b) Certified by the Federal Department of Defense; or

(c) Approved by the superintendent of public instruction's office.

(5) The center listed in subsection (4)(a), (b), or (c) of this section must be licensed, certified, or approved in accordance with national or state standards, or standards approved by us. It must be operated on the premises where the entity operating the center has jurisdiction.

(6) We must not license a department employee or a member of their household when the employee is involved directly, or in an administrative or supervisory capacity, in the:

(a) Licensing or certification process;

(b) Placement of a child in a licensed or certified center; or

(c) Authorization of payment for the child in care.

(7) We may license a center located in a private family residence when the portion of the residence accessible to the child is:

(a) Used exclusively for the child during the center's operating hours or while the child is in care; or

(b) Separate from the family living quarters.

[06-15-075, recodified as 170-295-0020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-0020, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-0020, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0030   What must I do to be eligible to receive state child care subsidies?   To be eligible to receive state child care subsidies for children in your care you must:

(1) Be licensed or certified;

(2) Be a seasonal camp that has a contract with us and is certified by the American Camping Association;

(3) Follow billing policies and procedure in Child Care Subsidies: A Booklet for Licensed and Certified Child Care Providers, ((DSHS 22-877(X))) DEL 22-877;

(4) Bill us at your customary rate or the ((DSHS)) state rate, whichever is less; and

(5) Keep the attendance records as described in WAC ((388-295-7030)) 170-295-7030 and the invoices for state-paid children on-site for at least five years.

[06-15-075, recodified as 170-295-0030, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-0030, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0050   Can I get a waiver (exception) to the minimum licensing requirements or to licensing fees?   (1) In an individual case we can, if we decide you have a good reason, waive a specific requirement and can approve an alternate method for you to achieve the specific requirement if you:

(a) Submit the request in writing to us;

(b) Explain in detail the reason you need the waiver; and

(c) Can demonstrate that you have an alternative method of meeting the intent of the requirement.

(2) If the waiver is approved, you must retain a copy of the written waiver approval on the child care premises.

(3) We approve a waiver request if:

(a) You have a good reason;

(b) We determine that approval of the waiver request will not endanger the safety or welfare of the child or take away from the quality of your service;

(c) The request and approval is for a specific purpose or child; and

(d) The waiver request is for a specific period of time, which must not go beyond the date the license expires.

(4) We can limit or restrict a license issued to you in combination with a waiver.

(5) Any person or agency can submit a request for a waiver of licensing fees. We may waive fees when collection of the fee would:

(a) Not be in the best interest of public health and safety;

(b) Be to the financial disadvantage of the state.

(6) To request a waiver to the requirements to pay a licensing fees, you must:

(a) Submit a sworn, notarized petition requesting a waiver of fees;

(b) Mail or deliver the petition to your local child care licensing office; and

(c) Submit any additional documentation that we may consider relevant to your request for a waiver.

(7) You have no appeal rights to the denial of a waiver request under chapters 34.05 RCW and 170-03 WAC.

[06-15-075, recodified as 170-295-0050, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-0050, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0090   When does the department issue initial and full licenses, and when are licensing fees due?   We may issue an initial license to centers that have not yet begun providing care, but are accepting application for potential clients.

(1) We may issue an initial license when you can show that you are following the rules regarding the child's health and safety.

(2) We may issue an initial license if you have not yet opened for business, and so are not yet able to show that you are complying with the rules pertaining to:

(a) Staff to child interactions;

(b) Group size and staff to child ratios;

(c) Behavior management and discipline;

(d) Activity programs;

(e) Child records and information; and

(f) Other rules that require us to observe your facility's ability to comply with rules.

(3) You must provide us with a plan to comply with the rules listed in subsection (2)(a) through (f) of this section. We must approve of that plan.

(4) We may issue an initial license to an applicant for a period not to exceed six months, renewable for a period not to exceed two years.

(5) When you have an initial license we:

(a) Evaluate your ability to comply with all rules contained in this chapter prior to issuing a full license;

(b) May issue a full license to you when you have demonstrated compliance with chapter ((388-295)) 170-295 WAC; and

(c) Do not issue a full license to you if you do not demonstrate the ability to comply with all rules contained in chapter ((388-295)) 170-295 WAC.

(6) You must pay licensing fees at the time you apply for an initial license and when your license is being renewed.

(7) We do not process your application until you have paid the required fee.

(8) You can pay licensing fees for:

(a) A minimum of one year; or

(b) The entire length of your license.

(9) You pay your fee by mailing a check or money order for the required amount to the department ((of social and health services)), according to instructions on the licensing application.

(10) If you pay your fee one time per year, you pay the annual rate each time. The annual fee is due thirty days before each annual anniversary date of the license.

(11) If you pay for more than one year, the total fee you pay is based on the annual fee rate. For example, if you are licensed for three years and want to pay the licensing fee for the entire period at once, you multiply the annual fee by three years, and pay that amount at the time of your license application or renewal.

(12) If there is a change in your facility that places your facility in a higher fee category, we prorate the additional fee amount over the remainder of the license period.

(13) If you withdraw your application before we deny or issue a license, we refund one-half of the fee.

(14) If there is a change that requires a new license, we refund any fee that remains after your next licensing date. A new license requires a new application and fee.

(15) If we deny, revoke, or suspend your license, we do not refund your licensing fee.

(16) If you reapply for a license after we revoke or suspend your license, you must pay a new license fee.

(17) If you do not pay licensing fees when they are due, we suspend or deny your license.

[06-15-075, recodified as 170-295-0090, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-0090, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-0090, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0110   When can I be fined for not following the minimum licensing requirements?   (1) We notify you in writing of our intention to impose a civil fine. We may use personal service, including by our licensor, or certified mail. The letter will include:

(a) A description of the violation and a quote of the law or rule that you have failed to meet;

(b) A statement of what you must do to come into compliance;

(c) The date by which we require compliance;

(d) Information about the maximum allowable penalty we can impose if you do not come into compliance by the given date;

(e) How you can get technical assistance services provided by us or by others; and

(f) Information about how you can request an extension to the date you must be in compliance, if we decide you have a good reason.

(2) The length of time we establish for you to come into compliance depends on:

(a) The seriousness of the violation;

(b) The potential threat to the health, safety and welfare of children in your care; or

(c) If you have had previous opportunities to correct the deficiency and have not done so.

(3) We use the following criteria to determine if we impose a civil fine based on, but not limited to, these reasons:

(a) The child care center has previously been subject to an enforcement action for the same or similar type of violation for the same statute or rule; or

(b) The child care center has previously been given notice of the same or similar type of violation of the same law or rule; or

(c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

(4) We can impose a civil fine in addition to or at the same time as other disciplinary actions against a child care center. These include probation, suspension, or other action.

(5) You must pay any civil fines no more than twenty-eight days after you receive the notice that you have a fine. We may specify a later date.

(6) We can waive the fine if your center comes into compliance during the notification period.

(7) You must post the final notice of a civil fine in a noticeable place in your center. The notice must remain posted until we notify you that we have received your payment.

(8) Each violation of a law or rule is a separate violation. We can penalize each violation. We can impose a penalty for each day the violation continues or as a flat amount of the maximum allowable penalty.

(9) If you fail to pay your fine within ten days after the assessment becomes final, we can suspend, revoke, or not renew your license.

(10) You have the right to a hearing when we assess a civil fine under RCW ((43.20A.215)) 43.215.307 and chapter 170-03 WAC.

[06-15-075, recodified as 170-295-0110, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-0110, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-0110, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0120   How much can I be fined?   We can impose a civil fine for the following:

(1) If we determine that an agency or child care center is operating without a license we may assess a fine of two hundred fifty dollars per day for each day you provide unlicensed child care. A fine is effective and payable within thirty days of receipt of the notification.

(2) We may impose a civil monetary fine of two hundred fifty dollars per violation per day for violation of any rules in chapter ((388-295)) 170-295 WAC. We can assess and collect the fine with interest for each day that you fail to come into compliance.

[06-15-075, recodified as 170-295-0120, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-0120, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-0130   When can I be fined for operating an unlicensed program?   (1) If we receive information that you are operating a child care center without a license, we investigate the allegation.

(2) We contact you, send you a letter, or make an on-site visit to your center to determine whether you are operating without a license.

(3) If we determine that you personally or on behalf of another person are operating a child care center without a license, we send written notification by certified mail or other method showing proof of service to the owner of the unlicensed center. This notification must contain the following:

(a) Notice to the center owner of our basis for determination that the owner is providing child care without a license and the need for us to license the center;

(b) Citation of the applicable law;

(c) The fine is effective and payable within thirty days of the agency's receipt of the notification;

(d) Information about how to contact the ((division of child care and early learning)) department;

(e) The requirement that the unlicensed center owner submit an application for a license to the ((division of child care and early learning)) department within thirty days of receipt of our notification;

(f) That we can forgive the fine if the center submits an application within thirty days of the notification; and

(g) The unlicensed center owner's right to an adjudicative proceeding (fair hearing) as a result of the assessment of a monetary fine and how to request an adjudicative proceeding.

[06-15-075, recodified as 170-295-0130, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-0130, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-1020   What if the director does not meet the minimum qualifications?   (1) If the director does not meet the requirements in WAC ((388-295-1010)) 170-295-1010, you must have a program supervisor who:

(a) Meets all the qualifications of WAC ((388-295-1010)) 170-295-1010;

(b) Oversees the planning and supervising of the center's learning and activity program to ensure that practices meet the WAC, are varied and developmentally appropriate; and

(c) Performs on-site program supervisory duties twenty hours or more a week and is not included in the staff to child ratio. If we request it, you must provide documentation of the twenty hours or more a week on site supervisory duties for the program supervisor.

(2) If the director does not meet the minimum requirements in WAC ((388-295-1010)) 170-295-1010 the director must have had at least one three credit college class in early childhood education or development.

(3) One person may be both the director and the program supervisor when qualified for both positions. The director or program supervisor must be on the premises for the majority of the hours that care is provided. If temporarily absent from the center, the director or program supervisor must leave a competent, designated staff person in charge who meets the qualifications of a lead staff person.

(4) The director or program supervisor may also serve as child care staff when that role does not interfere with management and supervisory responsibilities.

[06-15-075, recodified as 170-295-1020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-1020, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-1070   What continuing state training and registry system (STARS) training is required for child care center staff?   (1) The director, program supervisor and lead teachers must complete ten clock hours or one college credit of continuing education yearly after completing the initial training required in WAC ((388-295-1010)) 170-295-1010.

(2) The director and program supervisor must have five of the ten hours in program management and administration for the first two years in their respective positions. Each additional year, three of the ten hours required must be in program management and administration.

(3) Agencies or organizations that have been approved by the Washington state training and registry system (STARS) may offer up to six clock hours of continuing education each year to their employees. The remaining four hours must be obtained from other training offered in the community.

[06-15-075, recodified as 170-295-1070, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-1070, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-1070, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-2060   What are the requirements for evening and nighttime care?   In addition to meeting the other requirements of chapter ((388-295)) 170-295 WAC, if you offer child care during evening and nighttime hours, you must:

(1) Adapt the program, equipment, and staffing pattern to meet the physical and emotional needs of the child away from home at night such as:

(a) In centers operating past midnight, you must provide for each child a crib, mat or cot, or mattress pad, that is easily sanitized;

(b) Make arrangements for bathing as needed;

(c) Make arrangements for personal hygiene including tooth brushing;

(d) Have individual bedding appropriate for overnight sleeping; and

(e) Have separate dressing and sleeping areas for boys and girls ages six years and older or younger children demonstrating a need for privacy.

(2) Maintain the same staff-to-child ratio that is in effect during daytime care;

(3) Keep the child within continuous visual and auditory range at all times;

(4) Ensure that the staff in charge during evening and nighttime hours meets the requirements of a lead teacher; and

(5) Ensure all staff attending to children in care are awake.

[06-15-075, recodified as 170-295-2060, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-2060, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-2070   What do I need to transport the children on off-site trips?   (1) You may transport a child or permit the child to travel off-site only with written parental consent. The purpose may be to attend school, participate in supervised field trips, or engage in other supervised off-site activities.

(2) The parent's consent may be:

(a) For a specific date or trip; or

(b) A blanket authorization describing the full range of trips the child may take. If you use a blanket authorization, you must notify the parent in writing at least twenty-four hours in advance about any specific trip.

(3) When transportation is provided by the center for children in care:

(a) The driver must have a valid Washington state driver's license to operate the type of vehicle being driven;

(b) The number of passengers cannot exceed the seating capacity of the vehicle;

(c) Either the center owner or the driver must have liability and medical insurance; and

(d) The driver, parent volunteer, or staff supervising the children being transported in each vehicle must have written documentation on file of current CPR and first-aid training.

(4) When you transport children, the vehicle used must:

(a) Have a current license and registration according to Washington state transportation laws;

(b) Be maintained in good repair and safe operating condition; and

(c) Be equipped with:

(i) At least one first-aid kit that meets the requirements of WAC ((388-295-5010)) 170-295-5010;

(ii) Vehicle emergency reflective triangles or other devices to alert other drivers of an emergency;

(iii) The health history and emergency information for each child in the vehicle; and

(iv) A method to call for emergency help.

(5) You must meet the child passenger restraint system requirements in RCW 46.61.687 when transporting children. Contact your local state patrol office for more information.

(6) When you transport children, you must maintain the staff-to-child ratio established for the youngest child in the group; and

(7) Staff or driver must not leave the children unattended in the motor vehicle.

[06-15-075, recodified as 170-295-2070, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-2070, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-3100   When can children take their own medication?   (1) Children can take their own medication if they:

(a) Have a written statement from the parent requesting the child take their own medication;

(b) Have a written statement from a health care provider with prescriptive authority stating that the child is physically and mentally capable of taking their own medication; and

(c) Meet all other criteria in ((this)) chapter ((388-295)) 170-295 WAC including storage of medications.

(2) A staff member must observe and document that the child took the medication.

[06-15-075, recodified as 170-295-3100, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-3100, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-3190   How can ((we)) I be sure that the food ((we)) I serve is safe?   (1) You need to develop and implement a system to monitor the temperature of potentially hazardous foods during cooking, reheating, cooling, storing, and hot and cold holding temperatures to be sure that:

(a) Food will be cooked to at least the minimum correct internal temperature:

(i) Ground beef and pork sausage 155 degrees Fahrenheit;

(ii) Pork 150 degrees Fahrenheit;

(iii) Fish and seafood 140 degrees Fahrenheit;

(iv) Poultry and stuffing 165 degrees Fahrenheit;

(v) Eggs 140 degrees Fahrenheit;

(vi) Beef (not ground) and lamb 140 degrees Fahrenheit.

(b) Previously prepared food is reheated one time only to an internal temperature of 165 degrees Fahrenheit within sixty minutes;

(c) Hot food is kept at a temperature of 140 degrees Fahrenheit or above until served;

(d) Cold food is kept at a temperature of 45 degrees Fahrenheit or less;

(e) Refrigerators have a thermometer in or near the door and are kept at 45 degrees Fahrenheit or less; and

(f) Freezers have a thermometer in or near the door and are kept at 10 degrees Fahrenheit or less.

(2) You must develop a system to record the temperature of each perishable food once it arrives from a satellite kitchen or a catering service. The system must include keeping records on site for six months with the following information:

(a) The name and the temperature of the food;

(b) The date and time the temperature was checked; and

(c) The name and signature or recognized initials of the person who is checking and recording the food temperatures.

(3) You may serve previously prepared food that has not been previously served if it was stored at the proper temperature for less than forty-eight hours after preparation. Leftover foods or open foods in the refrigerator must be labeled with the date that they were opened or cooked.

[06-15-075, recodified as 170-295-3190, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-3190, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-3200   How do ((we)) I safely store food?   You must store food:

(1) In the original containers or in clean, labeled containers that are airtight and off the floor;

(2) In a manner that prevents contamination from other sources;

(3) In an area separate from toxic materials such as cleaning supplies, paint, or pesticides;

(4) That is not past the manufacturer's expiration or freshness date;

(5) In a refrigerator or freezer if cooling is required;

(6) Raw meat, poultry or fish in the refrigerator, below cooked or ready to eat foods;

(7) Foods not requiring refrigeration at least six inches above the floor in a clean, dry, ventilated storeroom or other areas; and

(8) Dry bulk foods not in their original containers, in containers with tight fitting covers. Containers must be labeled and dated.

[06-15-075, recodified as 170-295-3200, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-3200, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-3210   How do ((we)) I safely thaw foods?   You must thaw food by one of the following methods:

(1) In a refrigerator;

(2) Under cool running water, in a pan placed in a sink with the stopper removed;

(3) In a microwave, if the food is to be cooked immediately; or

(4) As part of the continuous cooking process.

[06-15-075, recodified as 170-295-3210, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-3210, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-4010   At what age can ((we)) I accept infants into care?   You must not accept into care an infant who is less than one month of age.

[06-15-075, recodified as 170-295-4010, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, 388-295-4010, filed 4/20/04, effective 5/21/04; 03-14-110, 388-295-4010, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-4020   How do ((we)) I meet the nutritional needs of the infants in ((our)) my care?   You must:

(1) Have written policies on providing, preparing, storing and sanitizing infant formula, food and utensils; and

(2) Work with the infant's parent to develop a plan for the infant's feedings that is acceptable to the parent and incorporates the following guidelines:


Developmental Stage/Age of Infant Type of Feeding
(a) Under 4 months of age Serve only formula or breast milk unless you have a written order from the child's health care provider.
(b) When baby can: (At about 4-6 months of age)

Sit with support

Hold head steady

Close lips over the spoon

Keep food in mouth and swallow it.

Serve only formula or breast milk unless you have a written order from the child's health care provider.

Begin iron fortified baby cereal and plain pureed fruits and vegetables upon consultation with parents.

(c) When baby can: (At about 6-8 months)

Sit without support

Begin to chew

Sip from a cup with help

Grasp and hold onto things

Serve only formula or breast milk unless you have a written order from the child's health care provider.

Start small amounts of juice, or water in a cup.

Let baby begin to feed self.

Start semisolid foods such as cottage cheese, mashed tofu, mashed soft vegetables or fruits.

(d) When baby can: (At about 8-10 months)

Take a bite of food

Pick up finger foods and get them into the mouth

Begin to hold a cup while sipping from it

Serve only formula or breast milk unless you have a written order from the child's health care provider.

Small pieces of cheese, tofu, chicken, turkey, fish or ground meat.

Small pieces of soft cooked vegetables, peeled soft fruits.

Toasted bread squares, unsalted crackers or pieces of soft tortilla.

Cooked plain rice or noodles.

Only formula, breast milk, juice or water in the cup.

(e) When a baby can: (10-12 months)

Finger Feed

Chew and swallow soft, mashed and chopped foods

Start to hold and use a spoon

Drink from a cup

Serve only formula or breast milk unless you have a written order from the child's health care provider.

Begin offering small sized, cooked foods.

Variety of whole grain cereals, bread and crackers, tortillas.

Cooked soft meats, mashed legumes (lentils, pinto beans, kidney beans, etc.), cooked egg yolks, soft casseroles.

(f) When a baby can eat a variety of foods from all food groups without signs of an allergic reaction Fruit pieces and cooked vegetables.

Yogurt, cheese slices.

Offer small amounts of formula, breast milk or water in the cup during meals.

[06-15-075, recodified as 170-295-4020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-4020, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-4030   What is a safe way to prepare bottles?   (1) Parents may bring from home filled bottles labeled with the infant's name for daily use (see WAC ((388-295-4040)) 170-295-4040).

(2) To prepare bottles you must:

(a) Prepare and fill bottles by washing hands prior to bottle preparation;

(b) Use a sink that is only for bottle preparation, other food preparation or other approved source of water. Water from a handwashing sink may not be used for bottle preparation;

(c) Do not heat a bottle in a microwave or allow bottles to warm at room temperature for more than an hour, to limit bacterial growth; and

(d) Bottles must be warmed under running warm water or placed in a container of water that is not warmer than 120 degrees Fahrenheit.

(3) The bottle preparation area including the sink must:

(a) Be located at least eight feet from the outermost edge of diaper changing tables or counters and sinks used for diaper changing; or

(b) Have a barrier to prevent cross-contamination that is placed between the sink used for food or bottle preparation and the diaper changing table, counter or sink. If a barrier is used, it must be:

(i) Solid (without cracks or breaks);

(ii) Sealed;

(iii) Moisture-resistant; and

(iv) At least twenty-four inches in height from the counter surface.

(4) If the infant room does not have a sink that is dedicated to bottle and food preparation, you must provide a clean source of water for preparing bottles such as getting water from the kitchen and keeping it in a container with an airtight cover that:

(a) Is located at least eight feet from the outermost edge of diaper changing tables or counters and sinks used for diaper changing; or

(b) Has a barrier that meets the requirements in WAC ((388-295-4030)) 170-295-4030 (3)(b) to prevent cross-contamination that is placed between the sink used for food or bottle preparation and the diaper changing table, counter or sink.

[06-15-075, recodified as 170-295-4030, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-4030, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-4090   Can ((we)) I use potty-chairs for toilet training?   You may use potty-chairs that are:

(1) Located in the toilet room or similar area that meets the requirements of WAC ((388-295-5100)) 170-295-5100 designed for toileting;

(2) On a floor that is moisture resistant and washable;

(3) Immediately emptied into a toilet; and

(4) Cleaned in a designated sink or utility sink separate from classrooms and sanitized after each use. The sink must also be cleaned and sanitized after cleaning potty-chairs.

[06-15-075, recodified as 170-295-4090, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-4090, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-5080   How do I safely get rid of sewage and liquid wastes?   (1) You must dispose of sewage and liquid waste into a public sewer system or approved on-site sewage disposal system (septic system) designed, constructed and maintained as required in chapters ((246-272)) 246-272A and 173-240 WAC and local ordinances.

(2) If you have an on-site sewage system, you must:

(a) Have written verification that the system has been approved by the department of health or local health jurisdiction; and

(b) Locate your drain field and venting to be sure that:

(i) Playgrounds are not on and do not interfere with the access to or operation of the on-site sewage system including the drain field; and

(ii) That drain field venting does not vent onto the playground.

[06-15-075, recodified as 170-295-5080, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-5080, filed 6/30/03, effective 8/1/03.]


AMENDATORY SECTION(Amending WSR 07-15-075 [06-15-075], filed 7/13/06, effective 7/13/06)

WAC 170-295-7020   Am I required to track immunizations?   (1) You are required to track each child's immunization status. To be sure that the children have the required immunizations for their age, you or your staff must:

(a) See that each child has a completed certificate of immunization status form submitted or on file before the first day of child care;

(b) Develop a system to audit and update as scheduled the information on the certificate of immunization status forms;

(c) Meet any requirement of ((the department)) state board of health WAC 246-100-166; and

(d) Have available on the premises the certificate of immunization status forms for review by the health specialist, licensor, the department of health, and nurse consultant.

(2) You may accept a child whose immunizations are started but not up to date on a "conditional" basis if:

(a) For children whose records are difficult to obtain (such as foster children), there is written proof that the case worker or health care provider is in the process of obtaining the child's immunization status prior to the child starting child care; or

(b) The required immunizations are started prior to children starting child care; and

(c) The immunizations are completed as rapidly as medically possible. You must work with the parent, health care provider, or local health department to obtain an immunization plan.

(3) If a parent or health care provider chooses not to immunize a child, they must sign the exempt portion of the certificate of immunization status form.

(4) You may have a policy that states you do not accept children who have been exempted from immunizations by their parent or guardian, unless that exemption is due to an illness protected by the American With Disabilities Act (ADA).

(5) The certificate of immunization status forms for children who are currently enrolled must be accessible and maintained on the premises in a confidential manner.

[06-15-075, recodified as 170-295-7020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-7020, filed 6/30/03, effective 8/1/03.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-295-7060   What injuries and illnesses or child abuse and neglect must I report?   You or your staff must report immediately:

(1) A death or a serious injury or illness that requires medical treatment or hospitalization of a child in care must be reported by telephone and in writing to the parent, licensor, and child's social worker, if the child has a social worker;

(2) Any instance when you or your staff have reason to suspect the occurrence of any physical, sexual, or emotional child abuse or child neglect, child endangerment, or child exploitation as required under described in chapter 26.44 RCW. You may make a report by calling the statewide number at 1-800-562-5624 or ((1-866-Endharm)) 1-866-ENDHARM; and

(3) An occurrence of food poisoning or reportable communicable disease, as required by the state board of health to the local public health department and to the licensor, by telephone.

[06-15-075, recodified as 170-295-7060, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, 388-295-7060, filed 6/30/03, effective 8/1/03.]

OTS-1307.2


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0010   What is the purpose of this chapter?   This chapter defines general and specific licensing requirements for family home child care. Unless noted otherwise, these requirements apply to people who want to be licensed or relicensed to provide family home-based child care ((()) under chapter ((74.15)) 43.215 RCW(())). We issue or deny a license based on your ability to meet and follow the licensing requirements.

We are committed to ensuring that children who receive family home child care experience health, safety, and well-being. We want these children's experiences to benefit them not only in the short term, but also in the long term. Our licensing requirements reflect our commitment to children.

[06-15-075, recodified as 170-296-0010, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0010, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0110   Who needs to become licensed?   (1) Individuals and agencies that provide care for children under this chapter must be licensed, unless specifically exempt under RCW ((74.15.020)) 43.215.010(2).

(2) The person claiming an exemption must provide the department proof of the right to the exemption if we request it.

(3) We must not license a home that is legally exempt from licensing. However, at the applicant's request, we must investigate and may certify the home as meeting licensing and other requirements. We must apply the same requirements and procedures for certification that we apply for licensure.

(4) We may certify a family home child care for payment without further investigation if the home is:

(a) Licensed by an Indian tribe; or

(b) Certified by the federal Department of Defense. The home must be licensed or certified in accordance with national or state standards or standards approved by us and be operated on the premises over which the entity licensing or certifying the home has jurisdiction.

(5) The individuals and agencies wanting to care for children whose child care is paid for by the state child care subsidy program must:

(a) Be licensed or certified;

(b) Follow billing policies and procedures in Child Care Subsidies, A Booklet for Licensed and Certified Providers, ((DSHS 22-877(X))) DEL 22-877; and

(c) Bill the department at the person's or organization's customary rate or the ((DSHS)) state rate, whichever is less. (See WAC 388-290-0190 (2) and (3) for exceptions.)

[06-15-075, recodified as 170-296-0110, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0110, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0160   How do I apply for a license?   (1) To apply for a license, you must:

(a) Attend an orientation provided by ((DCCEL)) the department;

(b) Complete and submit a signed application form((, DSHS 10-204 to DCCEL)) to the department, including the following attachments:

(i) A copy of your picture identification issued by a government entity (could include but is not limited to: Driver's license, passport, state identification);

(ii) A photocopy of your Social Security card that is valid for employment or verification of your employer identification number (EIN);

(iii) An employment and education resume for you, primary staff, assistants and volunteers; and

(iv) Three references for you from people unrelated to you.

(2) You must submit ((to DCCEL)) these additional documents to the department either with your application or within sixty days of submitting your application:

(a) Documentation of current infant, child and adult CPR and standard first aid training for you, any staff, or volunteer who will be counted in staff/child ratios;

(b) Documentation of a negative Mantoux tuberculin (TB) test in the twelve months prior to starting work for you, staff, volunteers and members of the household sixteen years or older;

(c) Documentation of HIV/AIDS training and the availability of bloodborne pathogens information for you, staff and volunteers who have child care responsibility;

(d) Documentation of the local health authority or state department of health approval of your private water supply and independent sewage system, if applicable;

(e) A copy of your policies and procedures you give to parents; and

(f) Any additional reports or information pertaining to your ability to follow the WACs regarding you, staff, volunteers, members of your household or any other person having access to the child in care if your licensor requests it.

[06-15-075, recodified as 170-296-0160, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0160, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0170   Am I required to pay a fee when applying for a family home child care license?   You must pay ((the financial services administration)) a nonrefundable license fee of twenty-four dollars. This must be in the form of a check or money order. You must pay the license fee each year before or on your anniversary date.

[06-15-075, recodified as 170-296-0170, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0170, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0270   Am I required to submit an application if I move to a new address while my license is current?   (1) If you move, have an acceptable history of child care, and plan to continue to operate your family home child care business you must submit an application with all supporting documentation for the new address, before you move.

(2) If you have submitted an application for the new address prior to moving, we allow you to operate at your new address for up to two weeks. If you are unable to meet the health and safety requirements at your new address within the two week period, you must stop operating the child care business until you become licensed at the new address (per RCW ((74.15.100)) 43.215.260).

(3) If you move and do not tell us, your license becomes invalid on the date of your move.

[06-15-075, recodified as 170-296-0270, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0270, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0290   What hours may a family home child care be open?   (1) You may operate your family home child care business twenty-four hours a day.

(2) If you provide nighttime care you or a qualified primary staff person must be awake when children are dropped off and picked up at your home.

(3) A child may remain in care a maximum of ten hours each day. If needed, you may extend the time based on the parent's typical work schedule and travel from and to the child care.

(4) If you provide nighttime care you must adapt the activities, routines and equipment to meet the physical and emotional needs of the child away from home at night. These must include:

(a) Arrangements made for bathing as needed;

(b) Standard night wear and individual toiletry items for each child;

(c) The required beds and bedding (WAC ((388-296-1070)) 170-296-1070);

(d) Separate dressing and sleeping areas for boys and girls ages four years and older and for other children demonstrating a need for privacy;

(e) Maintain staff to child ratios during sleeping hours;

(f) A plan approved by the licensor describing how you will ensure the physical safety and emotional well-being of children during sleeping hours.

[06-15-075, recodified as 170-296-0290, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0290, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0330   Is there more than one category of license?   We issue three types of licenses:

(1) Initial (see WAC ((388-296-0340)) 170-296-0340);

(2) Full (see WAC ((388-296-0350)) 170-296-0350); and

(3) Probationary (see WAC ((388-296-0440)) 170-296-0440).

[06-15-075, recodified as 170-296-0330, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0330, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0360   What happens if I fail to follow the rules?   (1) If you fail to follow the rules, we notify you of the violation in writing and unless the health, safety or welfare of children in care is threatened, we provide you with an opportunity to come into compliance before we take adverse licensing action. The notice provides:

(a) A description of the violation and rule that was broken;

(b) A statement of what is required to comply with the rules;

(c) The date by which we require compliance; and

(d) The maximum financial penalty (civil fine) that you must pay if you do not comply with the rules by the required date.

(2) We may fine you seventy-five dollars a day for each violation of the licensing rules.

(3) We may assess and collect the penalty with interest for each day you fail to follow the rules.

(4) We may impose a civil penalty in addition to other adverse actions against your license including probation, suspension and revocation.

(5) We may, but are not required to, withdraw the fine if you come into compliance during the notification period.

(6) If we assess a civil penalty you have the right to an adjudicative proceeding as governed by RCW ((43.20A.215)) 43.215.305 and chapter ((388-02)) 170-03 WAC.

(7) If you do not request an adjudicative proceeding you must pay the civil fine within twenty-eight days after you receive the notice.

[06-15-075, recodified as 170-296-0360, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0360, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0390   What does the department base a fine on?   Fines are determined based on any violation of a licensing rule and according to the following conditions:

(1) You have allowed the existence of any condition that creates a serious safety or health risk;

(2) You or any person uses corporal punishment, or humiliating methods of control or discipline;

(3) You or any primary staff person fail to provide the required supervision;

(4) You fail to provide required light, ventilation, sanitation, food, water or heating;

(5) You provide care for more than the highest number of children permitted by the license; or

(6) You repeatedly fail to follow the rules. (Any repeat violation that has been the subject of a corrective action notification under WAC ((388-296-0360)) 170-296-0360.)

[06-15-075, recodified as 170-296-0390, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0390, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0430   What will happen if the department believes I am providing unlicensed child care?   We send written notice to you if we think you are providing unlicensed child care. The notice explains:

(1) Why we think you are providing unlicensed child care;

(2) The law that prohibits unlicensed child care;

(3) That you must stop providing child care until you get a license;

(4) How to contact ((DCCEL)) the department;

(5) How to apply for a license;

(6) That the fine may be lifted if you apply for a license;

(7) Your right to an adjudicated proceeding if we assess a monetary penalty; and

(8) How you can ask for an adjudicative proceeding.

[06-15-075, recodified as 170-296-0430, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0430, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0460   Are there any other reasons that could potentially cause me to lose my license?   (1) We may suspend or revoke your license if you go beyond the conditions of your license by caring for children with ages different than your license allows.

(2) Repeatedly fail to comply with the licensing requirements set forth in this chapter or any provision of chapter ((74.15)) 43.215 RCW.

[06-15-075, recodified as 170-296-0460, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0460, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0480   What may I do if I disagree with the department's decision to deny, suspend, revoke, or modify my license?   (1) You have the right to appeal any decision we make to deny, suspend, revoke or modify your license.

(2) Your right to appeal and the procedures for that process are outlined in RCW ((43.20A.205 and 74.15.130)) 43.215.305, chapters 34.05 RCW, and ((chapter 388-02)) 170-03 WAC.

[06-15-075, recodified as 170-296-0480, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0480, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 07-24-028, filed 11/28/07, effective 12/29/07)

WAC 170-296-0520   How long must I keep child records and what am I required to document while operating my business?   (1) A child's presence in the child care must be documented, on a daily basis, by the child's parent or guardian or an authorized person by using the sign-in and sign-out procedure for each child in attendance. The parent, guardian or authorized person must use their full signature when signing the child in and out of the child care.

(2) When the school age child arrives at or leaves the child care home due to school or off-site activities as authorized by the parent, you or your staff must sign out the child, and sign in the child on return to the home.

(3) Daily attendance records, listing the dates and hours of attendance of each child must be kept up-to-date and maintained in the licensed space of the family home child care for five years.

(4) When a child is no longer enrolled, the date of the child's withdrawal must be recorded in the child's file. You must maintain the child's file for at least five years from the child's last date of attendance. After five years the file may be destroyed or returned to the parent. The child's file must be made available for review by the child's parents and us during this period.

(5) You must call and report, within twenty-four hours to your department licensor:

(a) And the department of social and health services children's administration intake ((an)) any incident or injury that required the services of a medical professional, including a dentist, that occurred while the child was in attendance.

(b) ((DCCEL)) And to animal control any incident where a child is bitten by an animal while in attendance.

(c) ((DCCEL)) Any fire on your premises that required the use of a fire extinguisher or the services of a fire department.

(6) You must submit a written incident report to the child's parent and to your licensor within two working days of the same incident or injury as described in subsection (3) of this section.

(7) You must acquire written parental permission for field trips. You must notify parents in advance when you plan to use vehicles to transport children. Parents may grant general authorization for walking field trips.

(8) You must maintain all records and reports required by these regulations in an up-to-date manner in the licensed space of the facility. The records and reports are subject to inspection and you must allow us access to them during all hours in which licensed activities are conducted.

[Statutory Authority: Chapter 43.215 RCW and oral ruling in DeLaO v. Arnold-Williams and Fernandez v. DSHS. 07-24-028, 170-296-0520, filed 11/28/07, effective 12/29/07. 06-15-075, recodified as 170-296-0520, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0520, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-0850   Must all children in my care have current immunizations?   (1) You are required to track each child's immunization status. To be sure children have the required immunizations for their age, you must:

(a) Ensure the child has a completed, current, certificate of immunization status form (CIS) submitted on or before the first day of child care;

(b) Develop a system to audit and update, as scheduled, the information on the CIS form;

(c) Meet any requirement of the ((department of)) state board of health WAC 246-100-166; and

(d) Have available in your licensed space the CIS forms for review by the licensor.

(2) You may accept a child who is not current with immunizations on a conditional basis if immunizations are:

(a) Initiated before or on enrollment; and

(b) Completed as rapidly as medically possible.

(3) You may exempt the immunization requirement for the child if the parent or guardian:

(a) Signs a statement expressing a religious, philosophical or personal objection; or

(b) Furnishes a physician's statement of a valid medical reason for the exemption.

[06-15-075, recodified as 170-296-0850, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-0850, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-1250   What are the requirements I must follow when I transport children?   When you transport children under your care, you must follow these requirements.

(1) You must keep the vehicle in a safe operating condition;

(2) The driver must have a valid driver's license;

(3) There must be at least one staff person other than the driver in a vehicle when:

(a) Staff-to-child ratio guidelines require a second staff person (see WAC ((388-296-1350)) 170-296-1350(3)); or

(b) The child's specific needs require a second staff person.

(4) The driver or owner of the vehicle must be covered under an automobile liability insurance policy;

(5) The number of passengers must not exceed the vehicle's seat belts;

(6) All persons in the vehicle must use seat belts or approved child passenger restraint systems, as required by law, whenever the vehicle is in motion;

(7) You must have a first-aid kit and a copy of the child's completed enrollment form in the vehicle; and

(8) You must perform an attendance count of children when getting in and out of the vehicle to prevent accidentally leaving a child in the vehicle.

[06-15-075, recodified as 170-296-1250, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-1250, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-1370   What types of play materials, equipment and activities must I provide for the children in my care?   (1) You must provide developmentally appropriate and culturally relevant activities and materials in the required quantity and variety to meet the needs and interests of children being served. The daily schedule must promote:

(a) Social skills (for example: Opportunities for sharing, caring and helping);

(b) Positive self-concepts (for example: Encouraging children to draw pictures and tell stories about themselves and their families);

(c) Language and literacy (for example: Reading books, songs, conversation, story telling, scribbling and drawing);

(d) Physical development in both indoor and outdoor settings, strengthening large and small muscles and encouraging eye-hand coordination, body awareness, rhythm and movement (for example: Finger plays, obstacle courses and puzzles); and

(e) Creative expression and appreciation for the arts (for example: Creating art work as process rather than product, dance, movement, dramatic play, music and materials that represent a variety of cultures).

(2) The daily schedule must provide:

(a) Individual, small group and large group activities;

(b) Many opportunities for success through open-ended activities (for example: Blocks, play dough and sand/water and praising effort, not just results);

(c) An environment of respect for individual and cultural diversity (for example: Acknowledging and respecting each child's unique qualities and integrating positive culturally relevant experiences into daily activities);

(d) Opportunities for children to solve problems, initiate activities, experiment and gain mastery through learning by doing;

(e) Opportunities to explore science, dramatic play, music, language arts and mathematical concepts;

(f) A balance between staff-directed and child-initiated activities. Staff voices must not dominate the overall sound of the group; and

(g) Infants and toddlers with ample opportunities to move about freely in a safe area.

(3) If television/video viewing occurs it must not be in place of planned activities and must be:

(a) Educational;

(b) Designed for children; and

(c) Age-appropriate alternatives to television must be available for children during TV or video watching and appropriate for the number and ages of the children in care.

(4) You must have the required outdoor play equipment for the number and ages of the children that you serve (see WAC ((388-296-1240)) 170-296-1240).

[06-15-075, recodified as 170-296-1370, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-1370, filed 8/31/04, effective 10/1/04.]


AMENDATORY SECTION(Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)

WAC 170-296-1440   Am I required to offer training to my staff?   You must:

(1) Discuss with the staff your policies and procedures as well as the rules contained in this chapter;

(2) Provide or arrange for your staff to have training for the services that you provide to children under your care;

(3) Include in your training monthly practice of fire drills and disaster training for each staff;

(4) Update bloodborne pathogen information on an annual basis;

(5) Ensure that staff and volunteers keep CPR and first aid training current if they are required to have it;

(6) Record the amount of time and type of training provided to staff; and

(7) Keep this information in staff files or in a separate training file and make this information available to ((DCCEL)) the department upon request.

[06-15-075, recodified as 170-296-1440, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, 388-296-1440, filed 8/31/04, effective 10/1/04.]

Washington State Code Reviser's Office