170-295-0130  <<  170-295-0140 >>   170-295-1010

Probationary licenses.

(1) The department may issue a probationary license to a licensee in accordance with the process provided in RCW 43.215.290, based on the following factors:
(a) The licensee's willful or negligent failure to comply with the regulations;
(b) The licensee's history of noncompliance with the regulations;
(c) How far the licensee deviates from the regulations;
(d) Evidence of the licensee's good faith effort to comply with the regulations; and
(e) Any other factors relevant to the licensee's unique situation.
(2) The department may issue a probationary license to a licensee when the willful or negligent violation of the licensing requirements does not present an immediate threat to the health and well being of the children, but would be likely to do so if allowed to continue. The department may also issue civil fines or other sanctions in this case. Such situations can include:
(a) Substantiation that a child was abused or neglected while in the care of the center;
(b) A fire safety inspection or health/sanitation inspection report that has been disapproved;
(c) Use of unauthorized space for child care;
(d) Inadequate supervision of children;
(e) Under staffing for the number of children in care; and
(f) Noncompliance with requirements addressing children's health, proper nutrition, discipline, emergency medical plan, sanitation and personal hygiene practices.
(3) Licensees are required to notify parents when a probationary license is issued. The licensee must:
(a) Notify in writing the parents or guardians of all children in care that the center is in probationary status. This notification must be within five working days of receiving notification of being placed on probationary status or being issued a probationary license. The department must approve the notification before the licensee sends it; and
(b) Provide documentation to the department that parents or guardians of all children in care have been notified. The licensee must provide this documentation within ten working days of being notified that he or she has been issued a probationary license.
(4) A probationary license may be issued for up to six months and may be extended at the department's discretion for an additional six months.
[Statutory Authority: RCW 43.215.070, 43.215.060, 43.43.832(6), and chapter 43.215 RCW. WSR 12-09-060, § 170-295-0140, filed 4/17/12, effective 5/18/12. WSR 06-15-075, recodified as § 170-295-0140, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. WSR 03-14-110, § 388-295-0140, filed 6/30/03, effective 8/1/03.]
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