WSR 17-10-033 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed April 26, 2017, 10:40 a.m., effective May 27, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: Update licensed child care provider rules with current health and safety standards for infants' and toddlers' safe sleep practices. This rule making also creates an aligned standard that replaces separate rules that apply to family home and center child care providers.
Citation of Existing Rules Affected by this Order: Repealing WAC 170-295-4110 and 170-296A-7100.
Adopted under notice filed as WSR 17-05-070 on February 13, 2017.
Changes Other than Editing from Proposed to Adopted Version: In response to public comment on the proposed rules, the department of early learning:
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 2.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 26, 2017.
Ross Hunter
Director
REPEALER
The following sections of the Washington Administrative Code are repealed:
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed:
NEW SECTION
WAC 170-300-0291 Infant and toddler safe sleep practices.
(1) An early learning provider must follow safe sleep practices when infants and toddlers are napping or sleeping by:
(a) Actively supervising infants or toddlers by visibly checking often and being within sight and hearing range, including when an infant or toddler goes to sleep, is sleeping, or is waking up;
(b) Following the current standard of American Academy of Pediatrics concerning safe sleep practices including SIDS/SUIDS risk reduction;
(c) Placing an infant to sleep on his or her back or following the current standard of American Academy of Pediatrics. If an infant turns over while sleeping, the provider must return the infant to his or her back until the infant is able to independently roll from back to front and front to back;
(d) Not using a sleep positioning device unless directed to do so by an infant's or toddler's health care provider. The directive must be in writing and kept in the infant's or toddler's file;
(e) Sufficiently lighting the room in which an infant or toddler is sleeping to observe skin color;
(f) Monitoring breathing patterns of an infant or toddler;
(g) Allowing infants and toddlers to follow their own sleep patterns;
(h) Not allowing loose blankets, stuffed toys, pillows, crib bumpers, and similar items inside an occupied crib, bassinet, or other equipment where infants commonly sleep;
(i) Not allowing a blanket or any other item to cover or drape over an occupied crib, bassinet, or other equipment where infants commonly sleep;
(j) Not allowing a blanket, bedding, or clothing to cover any portion of an infant's or toddler's head or face while sleeping, and readjusting these items when necessary; and
(k) Preventing infants or toddlers from getting too warm while sleeping, which may be exhibited by indicators that include, but are not limited to, sweating; flushed, pale, or hot and dry skin, warm to the touch; a sudden rise in temperature; vomiting; refusing to drink, a depressed fontanelle; or irritability.
(2) An early learning provider who receives notice of a safe sleep violation must:
(a) Post the notice in the licensed space for two weeks or until the violation is corrected, whichever is longer; and
(b) Within five business days of receiving notice of the violation, provide all parents and guardians of enrolled children with:
(i) A letter describing the safe sleep violation; and
(ii) Written information on safe sleep practices for infants and toddlers.
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