RCW 43.216.355
Actions against agencies.
Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or such other relief as he or she may deem advisable against any agency subject to licensing under the provisions of this chapter or against any such agency not having a license as heretofore provided in this chapter.
[
2018 c 58 s 36
;
2006 c 265 s 314
. Formerly RCW 43.215.330
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.360
Unlicensed providers
—
Notification to agency
—
Penalty
—
Posting on website.
When the department suspects that an agency is providing child care services without a license, it shall send notice to that agency within ten days. The notice shall include, but not be limited to, the following information:
(1) That a license is required and the reasons why;
(2) That the agency is suspected of providing child care without a license;
(3) That the agency must immediately stop providing child care until the agency becomes licensed;
(4) That the department can issue a penalty of one hundred fifty dollars per day for each day a family day care home provided care without being licensed and two hundred fifty dollars for each day a child day care center or outdoor nature-based child care provider provided care without being licensed;
(5) That if the agency does not initiate the licensing process within thirty days of the date of the notice, the department will post on its website that the agency is providing child care without a license.
[
2021 c 304 s 17
;
2011 c 296 s 3
. Formerly RCW 43.215.335
.]
NOTES:
Short title
—
2011 c 296:
See note following RCW 43.216.325
.
RCW 43.216.365
Operating without a license
—
Penalty.
Any agency operating without a license shall be guilty of a misdemeanor. This section shall not be enforceable against an agency until sixty days after the effective date of new rules, applicable to such agency, have been adopted under this chapter.
[
2006 c 265 s 315
. Formerly RCW 43.215.340
.]
RCW 43.216.370
Negotiated rule making.
The secretary shall have the power and it shall be the secretary's duty to engage in negotiated rule making pursuant to RCW 34.05.310
(2)(a) with the exclusive representative of the family child care licensees selected in accordance with RCW 43.216.375
and with other affected interests before adopting requirements that affect family child care licensees.
[
2018 c 58 s 35
;
2007 c 17 s 15
. Formerly RCW 43.215.350
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.375
Negotiated rule making
—
Statewide unit of family child care licensees
—
Antitrust immunity, intent.
(1) Solely for the purposes of negotiated rule making pursuant to RCW 34.05.310
(2)(a) and *
43.215.350, a statewide unit of all family child care licensees is appropriate. As of June 7, 2006, the exclusive representative of family child care licensees in the statewide unit shall be the representative selected as the majority representative in the election held under the directive of the governor to the secretary of the department of social and health services, dated September 16, 2005. If family child care licensees seek to select a different representative thereafter, the family child care licensees may request that the American arbitration association conduct an election and certify the results of the election.
(2) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of family child care licensees and their exclusive representative to the extent such activities are authorized by this chapter.
[
2007 c 17 s 16
. Formerly RCW 43.215.355
.]
NOTES:
*Reviser's note:
RCW 43.215.350
was recodified as RCW 43.216.370
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
RCW 43.216.380
Minimum licensing requirements
—
Window blind pull cords.
(1) Minimum licensing requirements under this chapter shall include a prohibition on the use of window blinds or other window coverings with pull cords or inner cords capable of forming a loop and posing a risk of strangulation to young children. Window blinds and other coverings that have been manufactured or properly retrofitted in a manner that eliminates the formation of loops posing a risk of strangulation are not prohibited under this section.
(2) When developing and periodically reviewing minimum licensing requirements related to safety of the premises, the secretary shall consult and give serious consideration to publications of the United States consumer product safety commission.
(3) The department may provide information as available regarding reduced cost or no-cost options for retrofitting or replacing unsafe window blinds and window coverings.
[
2018 c 58 s 67
;
2007 c 299 s 1
. Formerly RCW 43.215.360
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Short title
—
2007 c 299:
"This act may be known and cited as the Jaclyn Frank act." [
2007 c 299 s 2
.]
RCW 43.216.385
Reporting
—
Actions against agency licensees
—
Agencies notified of licensing requirement
—
Posting on website.
For the purposes of reporting actions taken against agency licensees, upon the development of an early learning information system, the following actions shall be posted to the department's website accessible by the public: Suspension, surrender, revocation, denial, stayed suspension, or reinstatement of a license. The department shall also post on the website those agencies subject to licensing that have not initiated the licensing process within thirty days of the department's notification as required in *RCW 43.215.300
.
[
2011 c 296 s 2
;
2007 c 415 s 9
. Formerly RCW 43.215.370
.]
NOTES:
*Reviser's note:
RCW 43.215.300
was recodified as RCW 43.216.325
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Short title
—
2011 c 296:
See note following RCW 43.216.325
.
RCW 43.216.390
Reporting resignation or termination of individual working in child care agency.
Upon resignation or termination with or without cause of any individual working in a child care agency, the child care agency shall report to the department within twenty-four hours if it has knowledge of the following with respect to the individual:
(1) Any charge or conviction for a crime listed in WAC 110-06-0120;
(2) Any other charge or conviction for a crime that could be reasonably related to the individual's suitability to provide care for or have unsupervised access to children or care; or
(3) Any negative action as defined in RCW 43.216.010
.
[
2019 c 470 s 13
;
2011 c 295 s 6
. Formerly RCW 43.215.371
.]
RCW 43.216.395
Child care inspection reports
—
Internal review process
—
Definitions
—
Final review.
(1) The department shall develop an internal review process to determine whether department licensors have appropriately and consistently applied agency rules in inspection reports that do not involve a violation of health and safety standards. Adverse licensing decisions including license denial, suspension, revocation, modification, or nonrenewal pursuant to RCW 43.216.325
or imposition of civil fines pursuant to RCW 43.216.335
are not subject to the internal review process in this section, but may be appealed using the administrative procedure act, chapter
34.05
RCW.
(2) The definitions in this subsection apply throughout this section.
(a) "Child care facility licensing compliance agreement" means an agreement issued by the department in lieu of the department taking enforcement action against a child care provider that contains: (i) A description of the violation and the rule or law that was violated; (ii) a statement from the licensee regarding the proposed plan to comply with the rule or law; (iii) the date the violation must be corrected; (iv) information regarding other licensing action that may be imposed if compliance does not occur by the required date; and (v) the signature of the licensor and licensee or the licensee's delegate.
(b) "Health and safety standards" means rules or requirements developed by the department to protect the health and safety of children against risk of bodily, mental, or psychological injury, harm, illness, or death.
(3) The internal review process shall be conducted by the following six individuals:
(a) Three department employees who may include child care licensors; and
(b) Three child care providers selected by the department from names submitted by the oversight board for children, youth, and families established in RCW 43.216.015
.
(4) The internal review process established in this section may overturn, change, or uphold a department licensing decision by majority vote. In the event that the six individuals conducting the internal review process are equally divided, the secretary or the secretary's designee shall make the decision of the internal review process. The internal review process must provide the parties with a written decision of the outcome after completion of the internal review process. A licensee must request a review under the internal review process within ten days of the development of an inspection report and the internal review process must be completed within sixty days after the request from the licensee to initiate the internal review process is received.
(5) A licensee may request a final review by the oversight board for children, youth, and families after completing the internal review process established in this section by giving notice to the department and the oversight board for children, youth, and families within ten days of receiving the written decision produced by the internal review process.
[
2021 c 304 s 18
;
2017 3rd sp.s. c 6 s 114
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
RCW 43.216.500
Intent.
It is the intent of the legislature to establish an early childhood state education and assistance program. This special assistance program is a voluntary enrichment program to help prepare some children to enter the common school system and shall be offered only as funds are available. This program is not a part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.
[
1994 c 166 s 1
;
1985 c 418 s 1
. Formerly RCW 43.215.400, 28A.215.100, 28A.34A.010
.]
NOTES:
Effective date
—
1994 c 166:
"This act shall take effect July 1, 1994." [
1994 c 166 s 12
.]
RCW 43.216.505
Definitions.
(Effective until August 1, 2030.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500
through
43.216.559, 43.216.900, and
43.216.901
.
(1) "Advisory committee" means the advisory committee under RCW 43.216.520
.
(2) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department as meeting the minimum program rules adopted by the department to qualify under RCW 43.216.500
through
43.216.550, 43.216.900, and
43.216.901
and are designated as eligible for funding by the department under RCW 43.216.530
and
43.216.540
.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Eligible child" means a child who is at least three years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:
(a) Has a family with financial need;
(b) Is experiencing homelessness;
(c) Has participated in early head start or a successor federal program providing comprehensive services for children from birth through two years of age, the early support for infants and toddlers program or received class C developmental services, the birth to three early childhood education and assistance program, or the early childhood intervention and prevention services program;
(d) Is eligible for special education due to disability under RCW 28A.155.020
;
(e) Is Indian as defined in rule by the department after consultation and agreement with Washington state's federally recognized tribes pursuant to RCW 43.216.5052
and is at or below 100 percent of the state median income adjusted for family size; or
(f) Meets criteria under rules adopted by the department if the number of such children equals not more than 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(5) "Experiencing homelessness" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood program;
(b) Increase their knowledge of child development and parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the community;
(e) Increase their self-reliance; and
(f) Connect with culturally competent, disability positive therapists and supports where appropriate.
(7) "Family with financial need" means families with incomes at or below 36 percent of the state median income adjusted for family size until the 2030-31 school year. Beginning in the 2030-31 school year, "family with financial need" means families with incomes at or below 50 percent of the state median income adjusted for family size.
[
2025 c 253 s 2
. Prior:
2021 c 199 s 204
;
2021 c 67 s 1
;
2019 c 408 s 2
;
2017 3rd sp.s. c 6 s 210
;
2014 c 160 s 4
;
2014 c 160 s 3
;
2013 2nd sp.s. c 16 s 4
; prior:
2010 c 231 s 7
;
2006 c 265 s 210
;
1999 c 350 s 1
;
1994 c 166 s 2
;
1990 c 33 s 213
;
1988 c 174 s 2
;
1985 c 418 s 2
. Formerly RCW 43.215.405, 28A.215.110, 28A.34A.020
.]
NOTES:
Expiration date
—
2025 c 253 s 2:
"Section 2 of this act expires August 1, 2030." [
2025 c 253 s 7
.]
Contingent effective dates
—
2025 c 253 ss 1, 2, and 6:
"(1) Section 1 of this act takes effect only if chapter . . . (Senate Bill No. 5752), Laws of 2025 is not enacted by July 1, 2025.
(2) Section 2 of this act takes effect July 1, 2025, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025.
(3) Section 6 of this act takes effect only if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025." [
2025 c 253 s 9
.]
Effective date
—
2025 c 253; 2021 c 199 ss 204-206 and 403:
"(1) Section 403 of this act [chapter 199, Laws of 2021] takes effect July 1, 2026.
(2) Sections 204 through 206 of this act [chapter 199, Laws of 2021] take effect July 1, 2025." [
2025 c 253 s 6
;
2021 c 199 s 604
.]
Findings
—
Intent
—
2021 c 199 ss 204-208:
See note following RCW 43.216.513
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Effective date
—
2014 c 160 s 4:
"Section 4 of this act takes effect June 30, 2018." [
2014 c 160 s 5
.]
Findings
—
Intent
—
2013 2nd sp.s. c 16:
"The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [
2013 2nd sp.s. c 16 s 1
.]
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
"The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.
The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [
1994 c 166 s 3
;
1988 c 174 s 1
.]
PDF
RCW 43.216.505
Definitions.
(Effective August 1, 2030.)
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.216.500
through
43.216.559, 43.216.900, and
43.216.901
.
(1) "Advisory committee" means the advisory committee under RCW 43.216.520
.
(2) "Approved programs" means those state-supported education and special assistance programs which are recognized by the department as meeting the minimum program rules adopted by the department to qualify under RCW 43.216.500
through
43.216.550, 43.216.900, and
43.216.901
and are designated as eligible for funding by the department under RCW 43.216.530
and
43.216.540
.
(3) "Comprehensive" means an assistance program that focuses on the needs of the child and includes education, health, and family support services.
(4) "Eligible child" means a child who is at least three years old by August 31st of the school year, is not yet age-eligible for kindergarten, is not a participant in a federal or state program providing comprehensive services, and who:
(a) Has a family with an income at or below 50 percent of the state median income adjusted for family size;
(b) Is experiencing homelessness;
(c) Has participated in early head start or a successor federal program providing comprehensive services for children from birth through two years of age, the early support for infants and toddlers program or received class C developmental services, the birth to three early childhood education and assistance program, or the early childhood intervention and prevention services program;
(d) Is eligible for special education due to disability under RCW 28A.155.020
;
(e) Is Indian as defined in rule by the department after consultation and agreement with Washington state's federally recognized tribes pursuant to RCW 43.216.5052
and is at or below 100 percent of the state median income adjusted for family size; or
(f) Meets criteria under rules adopted by the department if the number of such children equals not more than 10 percent of the total enrollment in the early childhood program. Preference for enrollment in this group shall be given to children from families with the lowest income, children in foster care, or to eligible children from families with multiple needs.
(5) "Experiencing homelessness" means a child without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter VI, part B) as it existed on January 1, 2021.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood program;
(b) Increase their knowledge of child development and parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the community;
(e) Increase their self-reliance; and
(f) Connect with culturally competent, disability positive therapists and supports where appropriate.
[
2025 c 412 s 2
;
2025 c 253 s 3
;
2024 c 225 s 2
. Prior:
2021 c 199 s 204
;
2021 c 67 s 1
;
2019 c 408 s 2
;
2017 3rd sp.s. c 6 s 210
;
2014 c 160 s 4
;
2014 c 160 s 3
;
2013 2nd sp.s. c 16 s 4
; prior:
2010 c 231 s 7
;
2006 c 265 s 210
;
1999 c 350 s 1
;
1994 c 166 s 2
;
1990 c 33 s 213
;
1988 c 174 s 2
;
1985 c 418 s 2
. Formerly RCW 43.215.405, 28A.215.110, 28A.34A.020
.]
NOTES:
Reviser's note:
This section was amended by 2025 c 253 s 3 and by 2025 c 412 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective dates
—
2025 c 412 ss 2 and 4:
"(1) Section 4 of this act takes effect July 1, 2026.
(2) Section 2 of this act takes effect August 1, 2030." [
2025 c 412 s 21
.]
Conflict with federal requirements
—
2025 c 412:
See note following RCW 43.216.556
.
Effective date
—
2025 c 253 s 3:
"Section 3 of this act takes effect August 1, 2030." [
2025 c 253 s 8
.]
Effective dates
—
2025 c 412; 2024 c 225 ss 2, 4, and 6:
"(1) Section 2 of this act [chapter 225, Laws of 2024] takes effect August 1, 2030.
(2) Section 4 of this act [chapter 225, Laws of 2024] takes effect July 1, 2025.
(3) Section 6 of this act [chapter 225, Laws of 2024] takes effect July 1, 2026." [
2025 c 412 s 23
;
2024 c 225 s 7
.]
Effective date
—
2025 c 412; 2021 c 199 ss 204-206 and 403:
"(1) Section 403 of this act [chapter 199, Laws of 2021] takes effect July 1, 2026.
(2) Sections 204 through 206 of this act [chapter 199, Laws of 2021] take effect July 1, 2025." [
2025 c 412 s 22
;
2021 c 199 s 604
.]
Findings
—
Intent
—
2021 c 199 ss 204-208:
See note following RCW 43.216.513
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Effective date
—
2014 c 160 s 4:
"Section 4 of this act takes effect June 30, 2018." [
2014 c 160 s 5
.]
Findings
—
Intent
—
2013 2nd sp.s. c 16:
"The legislature finds that high quality early learning opportunities are an important factor in lifelong success. The legislature is committed to expanding high quality evidence-based early learning opportunities in order to improve educational outcomes. The legislature further finds that moving toward effective and research-based practices are critical in achieving educational and societal outcomes from early learning investments. The legislature intends to continue improvements in early learning through ongoing evaluation, application of emerging research, and enhanced quality assurance. It is the intent of the legislature that additional investments in early learning will be based on current information regarding the most efficient, research-based, and cost-effective investments." [
2013 2nd sp.s. c 16 s 1
.]
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
"The legislature finds that the early childhood education and assistance program provides for the educational, social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare support, and reduced teenage pregnancy, have been demonstrated through lifelong research of at-risk children and early childhood programs.
The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [
1994 c 166 s 3
;
1988 c 174 s 1
.]
RCW 43.216.5052
Definition of "Indian"
—
Rule making.
(Expires December 1, 2030.)
(1) The department must consult, and obtain the advice and consent of, the governing bodies of the state's federally recognized tribes in developing an agreed-upon definition of the term "Indian" for the purposes of RCW 43.216.505
and, by July 1, 2024, must adopt the definition in rule.
(2) This section expires December 1, 2030.
[
2021 c 199 s 207
.]
NOTES:
Findings
—
Intent
—
2021 c 199 ss 204-208:
See note following RCW 43.216.513
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.510
Admission and funding.
The department shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds. Grants and contributions from community sources shall not supplant the funding required for the full statewide implementation of the early learning program in *RCW 43.215.456
.
[
2017 c 178 s 4
;
2006 c 265 s 211
;
1994 c 166 s 4
;
1988 c 174 s 3
;
1985 c 418 s 3
. Formerly RCW 43.215.410, 28A.215.120, 28A.34A.030
.]
NOTES:
*Reviser's note:
RCW 43.215.456
was recodified as RCW 43.216.556
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Intent
—
2017 c 178:
See note following RCW 43.216.080
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.512
Expanded enrollment
—
Risk factors.
(Expires August 1, 2030.)
(1) The department shall adopt rules that allow the enrollment of children in the early childhood education and assistance program, as space is available, if the number of such children equals not more than 25 percent of total statewide enrollment, when the child is not eligible under RCW 43.216.505
and has a family income level above 36 percent of the state median income but at or below 50 percent of the state median income adjusted for family size and the child meets at least one of the risk factor criterion described in subsection (2) of this section.
(2) Children enrolled in the early childhood education and assistance program pursuant to this section must be prioritized for available funded slots according to a prioritization system adopted in rule by the department that considers risk factors that have a disproportionate effect on kindergarten readiness and school performance, including:
(a) Family income as a percent of the state median income;
(b) Child welfare system involvement;
(c) Domestic violence;
(d) English as a second language;
(e) Expulsion from an early learning setting;
(f) A parent who is incarcerated;
(g) A parent with a behavioral health treatment need; and
(h) Other risk factors determined by the department to be linked by research to school performance.
(3) Children enrolled in the early childhood education and assistance program under this section are not considered eligible children as defined in RCW 43.216.505
and are not considered to be part of the state-funded entitlement required in RCW 43.216.556
.
(4) This section expires August 1, 2030.
[
2025 c 412 s 12
; (2025 c 253 s 4 expired July 1, 2025);
2024 c 225 s 4
; (2024 c 225 s 3 expired July 1, 2025);
2021 c 199 s 205
;
2019 c 409 s 2
;
2019 c 408 s 5
;
2018 c 155 s 2
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Contingent expiration date
—
2025 c 253 s 4:
"(1) Section 4 of this act expires July 1, 2025, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is enacted by July 1, 2025.
(2) Section 4 of this act expires July 1, 2026, if chapter . . . (Senate Bill No. 5752), Laws of 2025 is not enacted by July 1, 2025." [
2025 c 253 s 10
.]
Effective date
—
2025 c 253:
See note following RCW 43.216.513
.
Expiration date
—
2025 c 412; 2024 c 225 ss 3 and 5:
"(1) Section 3 of this act [chapter 225, Laws of 2024] expires July 1, 2025.
(2) Section 5 of this act [chapter 225, Laws of 2024] expires July 1, 2026." [
2025 c 412 s 24
;
2024 c 225 s 8
.]
Effective dates
—
2024 c 225 ss 2, 4, and 6:
See note following RCW 43.216.505
.
Effective date
—
2025 c 412; 2021 c 199 ss 204-206 and 403:
See note following RCW 43.216.505
.
Findings
—
Intent
—
2021 c 199 ss 204-208:
See note following RCW 43.216.513
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Contingent effective dates
—
2019 c 409 ss 1 and 2:
"(1) Section 2 of this act takes effect only if chapter 408, Laws of 2019 is enacted by July 28, 2019.
(2) Section 1 of this act takes effect only if section 2 of this act does not take effect by July 28, 2019." [
2019 c 409 s 3
.] Second Substitute Senate Bill No. 5437 was enacted into law May 21, 2019.
Contingent effective dates
—
2019 c 408 ss 4 and 5:
"(1) Section 5 of this act takes effect only if chapter 409, Laws of 2019 is enacted by July 28, 2019.
(2) Section 4 of this act takes effect only if section 5 of this act does not take effect by July 28, 2019." [
2019 c 408 s 13
.] Substitute Senate Bill No. 5089 was enacted into law May 21, 2019.
Findings
—
Intent
—
2019 c 408:
"The legislature finds that the family income eligibility limit of one hundred ten percent of the federal poverty level for the early childhood education and assistance program hinders the state's ability to recruit and enroll qualified families, particularly in rural areas of the state and in tribal communities. This income barrier results in unused preschool slots and growing waiting lists of children who are from low-income families but who are over the established income limits. Therefore, the legislature intends to keep the qualifying income for the early childhood education and assistance program at one hundred ten percent of the federal poverty level for the purposes of entitlement caseload forecasting and allow for the flexibility to serve additional children with family incomes up to two hundred percent of the federal poverty level." [
2019 c 408 s 1
.]
Effective date
—
2018 c 155:
"This act takes effect July 1, 2018." [
2018 c 155 s 5
.]
Findings
—
Intent
—
2018 c 155:
"The legislature finds that research continues to demonstrate the efficacy of the state's early childhood education and assistance program, known as ECEAP. Studies in Washington and from other states show that ECEAP prepares children for kindergarten success and has significant positive impacts on third, fourth, and fifth grade test scores. The legislature also finds that in some areas of the state, expanding ECEAP has proven challenging because there are too few eligible children to form an ECEAP classroom. The result is that children who are income eligible and the furthest from opportunity remain unserved. The legislature finds further that in other ECEAP classrooms, funded seats remain empty because providers do not have sufficient flexibility to serve families in need who are slightly over income but often have similar risk factors. The legislature intends, therefore, to provide more flexibility in determining eligibility for ECEAP in order to maximize the state's investment and assure that program funding is deployed to serve the greatest number of children and families." [
2018 c 155 s 1
.]
RCW 43.216.513
Early entry
—
Participation in other programs.
(1) The department shall adopt rules that allow a three-year-old child who is not eligible under RCW 43.216.505
to enroll in the early childhood education and assistance program, as space is available and subject to the availability of amounts appropriated for this specific purpose, when the child:
(a)(i) Has a family income at or below 50 percent of the state median income or meets at least one risk factor criterion adopted by the department in rule; and
(ii) Has received services from or participated in:
(A) The early head start or a successor federal program providing comprehensive services for children from birth through two years of age;
(B) The early support for infants and toddlers program or received class C developmental services;
(C) The birth to three early childhood education and assistance program; or
(D) The early childhood intervention and prevention services program; or
(b) Did not turn three on or before August 31st of the school year, but otherwise meets the definition of eligible child under RCW 43.216.505
.
(2) Children enrolled in the early childhood education and assistance program under this section are not eligible children as defined in RCW 43.216.505
and are not part of the state-funded entitlement required in RCW 43.216.556
.
[
2025 c 253 s 5
;
2021 c 199 s 206
.]
NOTES:
Effective date
—
2025 c 253:
"Except as provided in sections 8 and 11 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025." [
2025 c 253 s 12
.]
Findings
—
Intent
—
2021 c 199 ss 204-208:
"(1) The legislature finds that eligibility guidelines for the national school lunch program require free meals for children with household incomes at or below 130 percent of the federal poverty level and that this income level is approximately equivalent to 36 percent of the state median income for a household of three. The legislature further finds that eligibility guidelines require reduced-price meals for children with household incomes at or below 185 percent of the federal poverty level and that this income level is approximately equivalent to 50 percent of the state median income for a household of three.
(2) Therefore, the legislature intends to raise the maximum family income for children entitled to enroll in the early childhood education and assistance program to 36 percent of the state median income beginning July 1, 2026. Beginning in the 2030-31 school year, the legislature intends to raise the maximum family income for children entitled to enroll in this program to 50 percent of the state median income. It is the intent of the legislature to standardize income eligibility levels for assistance programs in order to help families and social workers better understand the benefits for which families qualify and to simplify and align state systems wherever feasible.
(3) The legislature further intends to support educational service districts to help school districts partner with early childhood education and assistance program contractors and providers to expand access." [
2021 c 199 s 203
.]
Effective date
—
2021 c 199 ss 204-206 and 403:
See note following RCW 43.216.505
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.514
Enrollment priority.
(1)(a) The department shall prioritize children for enrollment in the early childhood education and assistance program who are eligible pursuant to RCW 43.216.505
.
(b) A child who is eligible at the time of enrollment in the early childhood education and assistance program maintains program eligibility until the child begins kindergarten.
(2) As space is available, children may be included in the early childhood education and assistance program pursuant to RCW 43.216.512
.
[
2021 c 199 s 507
;
2020 c 343 s 3
;
2019 c 408 s 7
;
2018 c 155 s 3
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Short title
—
2020 c 343:
"This act may be known and cited as the rural child care access act." [
2020 c 343 s 1
.]
Findings
—
Intent
—
2020 c 343:
"(1) The legislature finds that many rural communities face child care and early learning supply shortages due to factors that include geographic isolation and fewer providers. These shortages contribute to economic challenges in the child care market, undermining child care affordability for families and threatening the viability of child care businesses. Families deserve access to a full range of child care and early learning choices and providers need stable funding that is essential to meet high quality standards.
(2)The legislature further finds that while federal child care and development fund rules allow child care subsidy rates to exceed private pay rates in order to pay for quality care and health and safety requirements, state rules require child care subsidy rates to be lower than a provider's private pay rate with limited exceptions. This limitation has the effect of forcing child care providers to raise private pay rates when state subsidy rates go up, resulting in families who do not qualify for subsidy leaving licensed care because it has become unaffordable.
(3) Therefore, it is the intent of the legislature to implement policies to relieve providers and families by streamlining child care access, balancing subsidy requirements, and supporting the needs of rural communities." [
2020 c 343 s 2
.]
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
Findings
—
Intent
—
2018 c 155:
See notes following RCW 43.216.512
.
RCW 43.216.515
Eligible providers
—
State-funded support
—
Requirements
—
Data collection
—
Pathways to early childhood education and assistance program.
(1) Approved early childhood education and assistance programs shall receive state-funded support through the department. Public or private organizations including, but not limited to, school districts, educational service districts, community and technical colleges, local governments, or nonprofit organizations, are eligible to participate as providers of the state early childhood education and assistance program.
(2) Funds obtained by providers through voluntary grants or contributions from individuals, agencies, corporations, or organizations may be used to expand or enhance preschool programs so long as program standards established by the department are maintained.
(3) Persons applying to conduct the early childhood education and assistance program shall identify targeted groups and the number of children to be served, program components, the qualifications of instructional and special staff, the source and amount of grants or contributions from sources other than state funds, facilities and equipment support, and transportation and personal care arrangements.
(4) A new early childhood education and assistance program provider must complete the requirements in this subsection to be eligible to receive state-funded support under the early childhood education and assistance program:
(a) Enroll in the early achievers program within thirty days of the start date of the early childhood education and assistance program contract;
(b)(i) Except as provided in (b)(ii) of this subsection, rate at a level 4 or 5 in the early achievers program within twenty-four months of enrollment. If an early childhood education and assistance program provider rates below a level 4 within twenty-four months of enrollment, the provider must complete remedial activities with the department, and must rate at or request to be rated at a level 4 or 5 within twelve months of beginning remedial activities.
(ii) Licensed or certified child care centers, family home providers, and outdoor nature-based child care providers that administer an early childhood education and assistance program shall rate at a level 4 or 5 in the early achievers program within twenty-four months of the start date of the early childhood education and assistance program contract. If an early childhood education and assistance program provider rates below a level 4 within twenty-four months, the provider must complete remedial activities with the department, and must rate at or request to be rated at a level 4 or 5 within twelve months of beginning remedial activities.
(5)(a) If an early childhood education and assistance program provider has successfully completed all of the required early achievers program activities and is waiting to be rated by the deadline provided in this section, the provider may continue to participate in the early achievers program as an approved early childhood education and assistance program provider and receive state subsidy pending the successful completion of a level 4 or 5 rating.
(b) To avoid disruption, the department may allow for early childhood education and assistance program providers who have rated below a level 4 after completion of the twelve-month remedial period to continue to provide services until the current school year is finished.
(c)(i) If the early childhood education and assistance program provider described under subsection (4)(b)(i) or (ii) of this section does not rate or request to be rated at a level 4 or 5 following the remedial period, the provider is not eligible to receive state-funded support under the early childhood education and assistance program under this section.
(ii) If the early childhood education and assistance program provider described under subsection (4)(b)(i) or (ii) of this section does not rate at a level 4 or 5 when the rating is released following the remedial period, the provider is not eligible to receive state-funded support under the early childhood education and assistance program under this section.
(6)(a) When an early childhood education and assistance program in good standing changes classroom locations to a comparable or improved space within the same facility, or to a comparable or improved outdoor location for an outdoor nature-based child care, a rerating is not required outside of the regular rerating and renewal cycle.
(b) When an early childhood education and assistance program in good standing moves to a new facility, or to a new outdoor location for an outdoor nature-based child care, the provider must notify the department of the move within six months of changing locations in order to retain their existing rating. The early achievers program must conduct an observational visit to ensure the new classroom space is of comparable or improved environmental quality. If a provider fails to notify the department within six months of a move, the early achievers rating must be changed from the posted rated level to "Participating, Not Yet Rated" and the provider will cease to receive tiered reimbursement incentives until a new rating is completed.
(7) The department shall collect data periodically to determine the demand for full-day programming for early childhood education and assistance program providers. The department shall analyze this demand by geographic region and shall include the findings in the annual report required under RCW 43.216.089
.
(8) The department shall develop multiple pathways for licensed or certified child care centers and homes to administer an early childhood education and assistance program. The pathways shall include an accommodation for these providers to rate at a level 4 or 5 in the early achievers program according to the timelines and standards established in subsection (4)(b)(ii) of this section. The department must consider using the intermediate level that is between level 3 and level 4 as described in RCW 43.216.085, incentives, and front-end funding in order to encourage providers to participate in the pathway.
[
2021 c 304 s 19
;
2020 c 321 s 1
;
2019 c 369 s 3
;
2015 3rd sp.s. c 7 s 9
;
1994 c 166 s 5
;
1988 c 174 s 4
;
1985 c 418 s 4
. Formerly RCW 43.215.415, 28A.215.130, 28A.34A.040
.]
NOTES:
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.520
Advisory committee.
The department shall establish an advisory committee composed of interested parents and representatives from the office of the superintendent of public instruction, early childhood education and development staff preparation programs, the head start programs, school districts, and such other community and business organizations as deemed necessary by the department to assist with the establishment of the preschool program and advise the department on matters regarding the ongoing promotion and operation of the program.
[
2017 3rd sp.s. c 6 s 211
;
2006 c 263 s 413
;
1988 c 174 s 5
;
1985 c 418 s 5
. Formerly RCW 43.215.420, 28A.215.140, 28A.34A.050
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Findings
—
Purpose
—
Part headings not law
—
2006 c 263:
See notes following RCW 28A.150.230
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.525
Rules.
(1) The department shall adopt rules under chapter
34.05
RCW for the administration of the early childhood education and assistance program. Approved early childhood education and assistance programs shall conduct needs assessments of their service area and identify any targeted groups of children, to include but not be limited to children of seasonal and migrant farmworkers and native American populations living either on or off reservation. Approved early childhood education and assistance programs shall provide to the department a service delivery plan, to the extent practicable, that addresses these targeted populations.
(2) The department, in developing rules for the early childhood education and assistance program, shall consult with the early learning advisory council, and shall consider such factors as coordination with existing head start and other early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate space and equipment, and special transportation needs. The rules shall specifically require the early childhood programs to provide for parental involvement in participation with their child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training.
(3) By January 1, 2016, the department shall adopt rules requiring early childhood education and assistance program employees who have access to children to submit to a fingerprint background check. Fingerprint background check procedures for the early childhood education and assistance program shall be the same as the background check procedures in *RCW 43.215.215
.
[
2015 3rd sp.s. c 7 s 8
;
1994 c 166 s 6
;
1988 c 174 s 6
;
1987 c 518 s 101
;
1985 c 418 s 6
. Formerly RCW 43.215.425, 28A.215.150, 28A.34A.060
.]
NOTES:
*Reviser's note:
RCW 43.215.215
was recodified as RCW 43.216.270
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
Intent
—
1994 c 166; 1987 c 518:
"The long-term social, community welfare, and economic interests of the state will be served by an investment in our children. Conclusive studies and experiences show that providing children with developmental experiences and providing parents with effective parental partnership, empowerment, opportunities for involvement with their child's developmental learning, and expanding parenting skills, learning, and training can greatly improve children's performance in school as well as increase the likelihood of children's success as adults. National studies have also confirmed that special attention to, and educational assistance for, children, their school environment, and their families are the most effective ways in which to meet the state's social and economic goals.
The legislature intends to enhance the readiness to learn of certain children and students by: Providing for an expansion of the state early childhood education and assistance program for children from low-income families and establishing an adult literacy program for certain parents; assisting school districts to establish elementary counseling programs; instituting a program to address learning problems due to drug and alcohol use and abuse; and establishing a program directed at students who leave school before graduation.
The legislature intends further to establish programs that will allow for parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn." [
1994 c 166 s 7
;
1987 c 518 s 1
.]
Severability
—
1987 c 518:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1987 c 518 s 411
.]
RCW 43.216.528
Rules
—
Birth certificates, passports, and alternative documents regarding enrollment.
The department shall adopt a rule that requires early childhood education and assistance program contractors and providers to accept birth certificates, passports, and alternative documents to show a child's age or date of birth for the purposes of enrollment. Alternative documents include, but are not limited to, a religious, hospital, or physician's certificate showing the date of birth, an entry in a family bible, an adoption record, an affidavit from a parent, or a previously verified school record.
[
2025 c 109 s 3
.]
NOTES:
Findings
—
2025 c 109:
See note following RCW 70.58A.560
.
RCW 43.216.530
Review of applications.
The department shall review applications from public or private organizations for state funding of early childhood education and assistance programs. The department shall consider local community needs, demonstrated capacity, and the need to support a mixed delivery system of early learning that includes alternative models for delivery including licensed centers, outdoor nature-based child care providers, and licensed family child care providers when reviewing applications.
[
2021 c 304 s 20
;
2015 3rd sp.s. c 7 s 10
;
2013 c 323 s 7
;
1994 c 166 s 8
;
1988 c 174 s 7
;
1985 c 418 s 7
. Formerly RCW 43.215.430, 28A.215.160, 28A.34A.070
.]
NOTES:
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.535
Reports.
The department shall annually report to the governor and the legislature on the findings of the longitudinal study undertaken to examine and monitor the effectiveness of early childhood educational and assistance services for eligible children to measure, among other elements, if possible, how the average level of performance of children completing this program compare to the average level of performance of all state students in their grade level, and to the average level of performance of those eligible students who did not have access to this program. The evaluation system shall examine how the percentage of these children needing access to special education or remedial programs compares to the overall percentage of children needing such services and compares to the percentage of eligible students who did not have access to this program needing such services.
[
1995 c 335 s 501
;
1994 c 166 s 9
;
1988 c 174 s 8
;
1985 c 418 s 8
. Formerly RCW 43.215.435, 28A.215.170, 28A.34A.080
.]
NOTES:
Part headings, table of contents not law
—
1995 c 335:
See note following RCW 28A.150.360
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.540
State support
—
Priorities
—
Program funding levels.
For the purposes of RCW 43.216.500
through
43.216.550
and
43.216.900
and
43.216.901, the department may award state support under RCW 43.216.500
through
43.216.530
to increase the numbers of eligible children assisted by the federal or state-supported early childhood programs in this state. Priority shall be given to those geographical areas which include a high percentage of families qualifying under the "eligible child" criteria. The overall program funding level shall be based on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.
[
2019 c 408 s 11
;
1994 c 166 s 10
;
1990 c 33 s 214
;
1987 c 518 s 102
;
1985 c 418 s 9
. Formerly RCW 43.215.440, 28A.215.180, 28A.34A.090
.]
NOTES:
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Intent
—
1994 c 166; 1987 c 518:
See note following RCW 43.216.525
.
Severability
—
1987 c 518:
See note following RCW 43.216.525
.
RCW 43.216.545
Reimbursement of advisory committee expenses.
The department from funds appropriated for the administration of the program under chapter 418, Laws of 1985 shall reimburse the expenses of the advisory committee.
[
1985 c 418 s 10
. Formerly RCW 43.215.445, 28A.215.190, 28A.34A.100
.]
RCW 43.216.550
Authority to solicit gifts, grants, and support.
The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the early childhood state education and assistance program established by RCW 43.216.500
through
43.216.550
and
43.216.900
and
43.216.901
. The department shall actively solicit support from business and industry and from the federal government for the state early childhood education and assistance program and shall assist local programs in developing partnerships with the community for eligible children.
[
2019 c 408 s 12
;
1994 c 166 s 11
;
1990 c 33 s 215
;
1988 c 174 s 9
;
1985 c 418 s 11
. Formerly RCW 43.215.450, 28A.215.200, 28A.34A.110
.]
NOTES:
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
1994 c 166:
See note following RCW 43.216.500
.
Findings
—
1994 c 166; 1988 c 174:
See note following RCW 43.216.505
.
RCW 43.216.555
Early learning program
—
Voluntary preschool opportunities
—
Program standards
—
Prioritizing programs
—
Rules.
(1) An early learning program to provide voluntary preschool opportunities for children ages three to five years old who are not age-eligible for kindergarten shall be implemented according to the funding and implementation plan in RCW 43.216.556
. The program must offer a comprehensive program of early childhood education and family support, including parental involvement and health information, screening, and referral services, based on family need. Participation in the program is voluntary. On a space available basis, the program may allow enrollment of children who are not otherwise eligible by assessing a fee.
(2) The program shall be implemented by utilizing the program standards and eligibility criteria in the early childhood education and assistance program in RCW 43.216.500
through
43.216.550
.
(3)(a) The program implementation in this section shall prioritize early childhood education and assistance programs located in low-income neighborhoods within high-need geographical areas.
(b) Following the priority in (a) of this subsection, preference shall be given to programs meeting at least one of the following characteristics:
(i) Programs offering an extended day program for early care and education;
(ii) Programs offering services to children diagnosed with a special need; or
(iii) Programs offering services to children involved in the child welfare system.
(4) The secretary shall adopt rules for the following program components, as appropriate and necessary during the phased implementation of the program, consistent with early achievers program standards established in RCW 43.216.085
:
(a) Minimum program standards;
(b) Approval of program providers; and
(c) Accountability and adherence to performance standards.
(5) The department has administrative responsibility for:
(a) Approving and contracting with providers according to rules developed by the secretary under this section;
(b) In partnership with school districts, monitoring program quality and assuring the program is responsive to the needs of eligible children;
(c) Assuring that program providers work cooperatively with school districts to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; and
(d) Providing technical assistance to contracted providers.
[
2019 c 408 s 9
;
2018 c 155 s 4
;
2018 c 58 s 34
;
2015 3rd sp.s. c 7 s 11
;
2010 c 231 s 3
. Formerly RCW 43.215.455, 43.215.141
.]
NOTES:
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Effective date
—
Findings
—
Intent
—
2018 c 155:
See notes following RCW 43.216.512
.
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.556
Early learning program
—
Funding and statewide implementation.
(1) Funding for the program of early learning established under this chapter must be appropriated to the department. The department shall distribute funding to approved early childhood education and assistance program contractors on the basis of eligible children enrolled.
(2) The program shall be implemented in phases, so that full implementation is achieved in the 2030-31 school year.
(3) Funding shall continue to be phased in each year until full statewide implementation of the early learning program is achieved in the 2030-31 school year, at which time any eligible child is entitled to be enrolled in the program. Entitlement under this section is voluntary enrollment.
(4) School districts and approved community-based early learning providers may contract with the department to provide services under the program. The department shall collaborate with school districts, community-based providers, and educational service districts to promote an adequate supply of approved providers.
[
2025 c 412 s 1
;
2021 c 199 s 208
;
2019 c 408 s 3
;
2017 3rd sp.s. c 22 s 1
;
2015 3rd sp.s. c 7 s 12
;
2015 c 128 s 4
;
2010 c 231 s 4
. Formerly RCW 43.215.456, 43.215.142
.]
NOTES:
Conflict with federal requirements
—
2025 c 412:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
2025 c 412 s 18
.]
Effective date
—
2025 c 412:
"Except for sections 2 and 4 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2025." [
2025 c 412 s 19
.]
Findings
—
Intent
—
2021 c 199 ss 204-208:
See note following RCW 43.216.513
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.559
Early learning program
—
Short title
—
2010 c 231.
Chapter 231, Laws of 2010 may be known as the ready for school act of 2010.
[
2010 c 231 s 9
. Formerly RCW 43.215.457, 43.215.143
.]
RCW 43.216.565
Findings
—
Intent
—
Early start program.
The legislature finds that the first five years of a child's life establish the foundation for educational success. The legislature also finds that children who have high quality early learning opportunities from birth through age five are more likely to succeed throughout their K-12 education and beyond. The legislature further finds that the benefits of high quality early learning experiences are particularly significant for low-income parents and children, and provide an opportunity to narrow the opportunity gap in Washington's K-12 educational system. The legislature understands that early supports for high-risk parents of young children through home visiting services show a high return on investment due to significantly improved chances of better education, health, and life outcomes for children. The legislature further recognizes that, when parents work or go to school, high quality and full-day early learning opportunities should be available and accessible for their children. In order to improve education outcomes, particularly for low-income children, the legislature is committed to expanding high quality early learning opportunities and integrating currently disparate funding streams for all birth-to-five early learning services including , working connections child care and the early childhood education and assistance program, into a single high quality continuum of learning that provides essential services to low-income families and prepares all enrolled children for success in school. The legislature therefore intends to establish the early start program to provide a continuum of high quality and accountable early learning opportunities for Washington's parents and children.
[
2013 c 323 s 1
. Formerly RCW 43.215.460
.]
RCW 43.216.567
Early therapeutic and preventative services and programs.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer early therapeutic and preventative services and programs, such as the early childhood intervention and prevention services program, and other related services for children who are:
(a) Between the ages of birth and five years; and
(b) Referred by a child welfare worker, a department of social and health services social worker, a primary care physician, a behavioral health provider, or a public health nurse due to: (i) Risk of child abuse or neglect; (ii) exposure to complex trauma; or (iii) significant developmental delays.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall make all reasonable efforts to deliver early therapeutic and preventative services and programs statewide. These services and programs must focus first on children and families furthest from opportunity as defined by income and be delivered by programs that emphasize greater racial equity.
[
2021 c 199 s 405
.]
NOTES:
Findings
—
Intent
—
2021 c 199 ss 402-405:
See note following RCW 43.216.577
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.570
Early intervention services
—
Findings.
The legislature finds that there is an urgent and substantial need to:
(1) Enhance the development of infants and toddlers with disabilities in the state of Washington in order to minimize developmental delay and maximize individual potential and enhance the capability of families to meet the needs of their infants and toddlers with disabilities and maintain family integrity;
(2) Coordinate and enhance the state's existing early intervention services to ensure a statewide, community-based, coordinated, interagency program of early intervention services for infants and toddlers with disabilities and their families; and
(3) Facilitate the coordination of payment for early intervention services from federal, state, local, and private sources including public and private insurance coverage.
[
1992 c 198 s 14
. Formerly RCW 43.215.470, 70.195.005
.]
RCW 43.216.572
Early intervention services
—
Infants and toddlers with disabilities
—
Interagency coordinating council
—
Conditions and limitations.
For the purposes of implementing this chapter, the governor shall appoint a state interagency coordinating council for infants and toddlers with disabilities and their families and ensure that state agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families shall coordinate and collaborate in the planning and delivery of such services.
No state or local agency currently providing early intervention services to infants and toddlers with disabilities may use funds appropriated for early intervention services for infants and toddlers with disabilities to supplant funds from other sources.
All state and local agencies shall ensure that the implementation of this chapter will not cause any interruption in existing early intervention services for infants and toddlers with disabilities.
Nothing in this chapter shall be construed to permit the restriction or reduction of eligibility under Title V of the Social Security Act, P.L. 90-248, relating to maternal and child health or Title XIX of the Social Security Act, P.L. 89-97, relating to medicaid for infants and toddlers with disabilities.
[
2020 c 114 s 6
;
2016 c 57 s 1
;
1998 c 245 s 125
;
1992 c 198 s 15
. Formerly RCW 43.215.472, 70.195.010
.]
NOTES:
Effective date
—
2020 c 114:
See note following RCW 28A.175.075
.
RCW 43.216.574
Early intervention services
—
Infants and toddlers with disabilities
—
Interagency coordinating council
—
Coordination with counties and communities.
The state interagency coordinating council for infants and toddlers with disabilities and their families shall identify and work with county early childhood interagency coordinating councils to coordinate and enhance existing early intervention services and assist each community to meet the needs of infants and toddlers with disabilities and their families.
[
2020 c 114 s 7
;
2016 c 57 s 2
;
1992 c 198 s 17
. Formerly RCW 43.215.474, 70.195.020
.]
NOTES:
Effective date
—
2020 c 114:
See note following RCW 28A.175.075
.
RCW 43.216.576
Early intervention services
—
Interagency agreements.
The department shall enter into formal interagency agreements, where appropriate, with school districts, counties, and other providers, to define their relationships and financial and service responsibilities. Local agencies or entities, including local school districts, counties, and service providers receiving public money for providing or paying for early intervention services shall enter into formal interagency agreements with each other that define their relationships and financial responsibilities to provide services within each county. In establishing priorities, school districts, counties, and other service providers shall give due regard to the needs of children birth to three years of age and shall ensure that they continue to participate in providing services and collaborate with each other. The interagency agreements shall include procedures for resolving disputes, provisions for establishing maintenance requirements, and all additional components necessary to ensure collaboration and coordination.
[
2020 c 90 s 5
;
1992 c 198 s 16
. Formerly RCW 43.215.476, 70.195.030
.]
NOTES:
Effective date
—
2020 c 90:
See note following RCW 43.216.580
.
RCW 43.216.577
Prenatal to three family engagement strategy.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer a prenatal to three family engagement strategy to support expectant parents, babies and toddlers from birth to three years of age, and their caregivers.
(2) Components of the prenatal to three family engagement strategy must include supports and services to improve maternal and infant health outcomes, reduce and mitigate trauma, promote attachment and other social-emotional assets, strengthen parenting skills, and provide early supports to help maximize healthy and robust childhood development and reduce isolation. Services and supports may include:
(a) In-home parent skill-based programs and training established in RCW 43.216.130
;
(b) Facilitated play and learn groups;
(c) Parent peer-support groups, including groups designed for families with children with complex needs; families whose primary home language is not English; incarcerated parents; families coping with substance use disorder or mental health support needs; black, indigenous, and families of color; or other specific needs; and
(d) Other prenatal to age three programs and services.
(3) Continuity of services for babies and toddlers are important for early childhood brain development. Therefore, the services and supports described in this section may be made available to biological parents, foster parents, kinship care providers, and other family, friend, and neighbor caregivers.
[
2021 c 199 s 402
.]
NOTES:
Findings
—
Intent
—
2021 c 199 ss 402-405:
"(1) The legislature finds that parental relationships and healthy interactions in the first few years of life help shape the development of babies' and toddlers' brains and bodies. Eighty percent of the brain is developed by the age of three and parents are a child's first teachers.
(2) The legislature finds that the federal family first prevention services act (P.L. 115-123) offers the state the opportunity to leverage federal funding for certain programs, including in-home parent skill-based programs, substance use disorder support, and mental health interventions. Culturally relevant, evidence-based programs that may qualify for these federal funds are limited. Therefore, state support may be necessary to serve traditionally underrepresented communities and increase positive engagement from parents and caregivers of children from before birth to age three.
(3) The legislature finds that small teacher-child ratios for infant and toddler care, as well as the existence of child care deserts with low levels of access to care for the birth to three age group, contribute to higher expenses for providers and families with babies and young children.
(4) Therefore, the legislature intends to expand parent and family education and support, incentivize the provision of infant and toddler care, and make early therapeutic and preventative services more readily available to families and young children." [
2021 c 199 s 401
.]
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.578
Birth to three early childhood education and assistance program
—
Pilot project
—
Reports.
(Effective until July 1, 2026.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall develop a plan for phased implementation of a birth to three early childhood education and assistance program pilot project for eligible children under thirty-six months old. Funds to implement the pilot project may include a combination of federal, state, or private sources.
(2) The department may adopt rules to implement the pilot project and may waive or adapt early childhood education and assistance program requirements when necessary to allow for the operation of the birth to three early childhood education and assistance program. The department shall consider early head start rules and regulations when developing the provider and family eligibility requirements and program requirements. Any deviations from early head start standards, rules, or regulations must be identified and explained by the department in its annual report under subsection (6) of this section.
(3)(a) Upon securing adequate funds to begin implementation, the pilot project programs must be delivered through child care centers and family home providers who meet minimum licensing standards and are enrolled in the early achievers program.
(b) The department must determine minimum early achievers ratings scores for programs participating in the pilot project.
(4) When selecting pilot project locations for service delivery, the department may allow each pilot project location to have up to three classrooms per location. When selecting and approving pilot project locations, the department shall attempt to select a combination of rural, urban, and suburban locations. The department shall prioritize locations with programs currently operating early head start, head start, or the early childhood education and assistance program.
(5)(a) To be eligible for the birth to three early childhood education and assistance program, a child must be under 36 months old and either:
(i) From a family with a household income at or below 130 percent of the federal poverty level; or
(ii) A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.
(b) Enrollment of children in the birth to three early childhood education and assistance program is as space is available and subject to the availability of amounts appropriated for this specific purpose.
(6) Beginning November 1, 2020, and each November 1st thereafter during pilot project activity, the department shall submit an annual report to the governor and legislature that includes a status update that describes the planning work completed, the status of funds secured, and any implementation activities of the pilot project. Implementation activity reports must include a description of the participating programs and number of children and families served.
[
2025 c 412 s 3
;
2024 c 225 s 5
;
2019 c 408 s 8
.]
NOTES:
Expiration date
—
2025 c 412 s 3:
"Section 3 of this act expires July 1, 2026." [
2025 c 412 s 20
.]
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Expiration date
—
2025 c 412; 2024 c 225 ss 3 and 5:
See note following RCW 43.216.512
.
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
PDF
RCW 43.216.578
Birth to three early childhood education and assistance program.
(Effective July 1, 2026.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer a birth to three early childhood education and assistance program for eligible children under thirty-six months old. Funds to implement the program may include a combination of federal, state, or private sources.
(2) The department may adopt rules to implement the program and may waive or adapt early childhood education and assistance program requirements when necessary to allow for the operation of the birth to three early childhood education and assistance program. The department shall consider early head start rules and regulations when developing the provider and family eligibility requirements and program requirements.
(3)(a) The birth to three early childhood education and assistance program must be delivered through child care centers and family home providers who meet minimum licensing standards and are enrolled in the early achievers program.
(b) The department must determine minimum early achievers ratings scores for participating contractors.
(4)(a) To be eligible for the birth to three early childhood education and assistance program, a child must be under 36 months old and either:
(i) From a family with a household income at or below 50 percent of the state median income; or
(ii) A member of an assistance unit that is eligible for or is receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program.
(b) Enrollment of children in the birth to three early childhood education and assistance program is as space is available and subject to the availability of amounts appropriated for this specific purpose.
[
2025 c 412 s 4
;
2024 c 225 s 6
;
2021 c 199 s 403
;
2019 c 408 s 8
.]
NOTES:
Effective dates
—
2025 c 412 ss 2 and 4:
See note following RCW 43.216.505
.
Conflict with federal requirements
—
2025 c 412:
See note following RCW 43.216.556
.
Effective dates
—
2024 c 225 ss 2, 4, and 6:
See note following RCW 43.216.505
.
Effective date
—
2021 c 199 ss 204-206 and 403:
See note following RCW 43.216.505
.
Findings
—
Intent
—
2021 c 199 ss 402-405:
See note following RCW 43.216.577
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
RCW 43.216.579
Infant child care incentives.
(1) The legislature finds that our state suffers from an extreme shortage of infant child care, impacting the ability of parents to participate in the workforce. Further, parents returning to work after using paid family leave to care for a new child struggle to find readily available, high quality care during a time of critical growth and brain development for young children. Therefore, the legislature intends to incentivize the provision of high quality infant care.
(2) Beginning July 1, 2022, the department shall provide an infant rate enhancement for licensed or certified child care providers and birth to three early childhood education and assistance program contractors who are:
(a) Accepting state subsidy;
(b) In good standing with the early achievers quality rating and improvement system; and
(c) Caring for a child between the ages of birth and 11 months.
(3) The department must adopt rules to implement this section.
[
2021 c 199 s 404
.]
NOTES:
Findings
—
Intent
—
2021 c 199 ss 402-405:
See note following RCW 43.216.577
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.580
Early intervention services
—
Funding.
(Effective until September 1, 2025.)
(1) The department is the state lead agency for Part C of the federal individuals with disabilities education act. The department shall administer the early support for infants and toddlers program, to provide early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the department. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age.
(2)(a) Funding for the early support for infants and toddlers program shall be appropriated to the department based on the annual average head count of children ages birth to three who are eligible for and receiving early intervention services, multiplied by the total statewide allocation generated by the distribution formula under RCW 28A.150.260
(4)(a), (5), (6), and (8) and the allocation under RCW 28A.150.415, per the statewide full-time equivalent enrollment in common schools, multiplied by 1.15.
(b) The department shall distribute funds to early intervention services providers, and, when appropriate, to county lead agencies.
(c) For the purposes of this subsection (2), a child is receiving early intervention services if the child has received services within the same month as the monthly count day, which is the last business day of the month.
(3) Federal funds associated with Part C of the federal individuals with disabilities education act shall be subject to payor of last resort requirements pursuant to 34 C.F.R. Sec. 303.510 (2020) for birth-to-three early intervention services provided under this section.
(4) The services in this section are not part of the state's program of basic education pursuant to Article IX of the state Constitution.
[
2024 c 284 s 1
;
2020 c 90 s 1
;
2017 3rd sp.s. c 6 s 216
;
2016 c 57 s 3
;
2007 c 115 s 7
;
2006 c 269 s 2
. Formerly RCW 28A.155.065
.]
NOTES:
Effective date
—
2020 c 90:
"This act takes effect September 1, 2020." [
2020 c 90 s 10
.]
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
2006 c 269:
"The legislature finds an urgent and substantial need to enhance the development of all infants and toddlers with disabilities in Washington in order to minimize developmental delays and to maximize individual potential for learning and functioning." [
2006 c 269 s 1
.]
PDF
RCW 43.216.580
Early intervention services
—
Funding.
(Effective September 1, 2025.)
(1) The department is the state lead agency for Part C of the federal individuals with disabilities education act. The department shall administer the early support for infants and toddlers program, to provide early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the department. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age.
(2)(a) Funding for the early support for infants and toddlers program shall be appropriated to the department based on the annual average head count of children ages birth to three who are eligible for and receiving early intervention services, multiplied by the total statewide allocation generated by the distribution formula under RCW 28A.150.260
(4)(a), (5), (6), and (8) and the allocation under RCW 28A.150.415, per the statewide full-time equivalent enrollment in common schools, multiplied by the multiplier used in RCW 28A.150.390
(2)(a).
(b) The department shall distribute funds to early intervention services providers, and, when appropriate, to county lead agencies.
(c) For the purposes of this subsection (2), a child is receiving early intervention services if the child has received services within the same month as the monthly count day, which is the last business day of the month.
(3) Federal funds associated with Part C of the federal individuals with disabilities education act shall be subject to payor of last resort requirements pursuant to 34 C.F.R. Sec. 303.510 (2020) for birth-to-three early intervention services provided under this section.
(4) The services in this section are not part of the state's program of basic education pursuant to Article IX of the state Constitution.
[
2025 c 368 s 5
;
2024 c 284 s 1
;
2020 c 90 s 1
;
2017 3rd sp.s. c 6 s 216
;
2016 c 57 s 3
;
2007 c 115 s 7
;
2006 c 269 s 2
. Formerly RCW 28A.155.065
.]
NOTES:
Effective date
—
2025 c 368 ss 1 and 5:
See note following RCW 28A.150.390
.
Effective date
—
2020 c 90:
"This act takes effect September 1, 2020." [
2020 c 90 s 10
.]
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
2006 c 269:
"The legislature finds an urgent and substantial need to enhance the development of all infants and toddlers with disabilities in Washington in order to minimize developmental delays and to maximize individual potential for learning and functioning." [
2006 c 269 s 1
.]
RCW 43.216.585
Program rates.
(Expires June 30, 2027.)
(1) For the 2021-22 school year, rates for the early childhood education and assistance program must be set at a level at least 10 percent higher than the rates established in section 225, chapter 415, Laws of 2019.
(2) It is the intent of the legislature that rate increases shall be informed by the department's 2020 early childhood education and assistance program rate study.
(3) This section expires June 30, 2027.
[
2021 c 199 s 302
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.587
Complex needs funds.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer two complex needs funds to promote inclusive, least restrictive environments and to support contractors and providers serving children who have developmental delays, disabilities, behavioral needs, or other unique needs. The department shall work collaboratively with the office of the superintendent of public instruction and providers to best serve children. One fund must support early childhood education and assistance program contractors and providers and birth to three early childhood education and assistance program contractors and providers, and one fund must support licensed or certified child care providers and license-exempt child care programs.
(2) Support may include staffing, programming, therapeutic services, and equipment or technology support. Additional support may include activities to assist families with children expelled or at risk of expulsion from child care, and to help families transition in and out of child care.
[
2021 c 199 s 303
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.590
Trauma-informed care supports.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide supports to aid eligible providers in providing trauma-informed care. Trauma-informed care supports may be used by eligible providers for the following purposes:
(a) Additional compensation for individual staff who have an infant and early childhood mental health or other child development specialty credential;
(b) Trauma-informed professional development and training;
(c) The purchase of screening tools and assessment materials;
(d) Supportive services for children with complex needs that are offered as fee-for-service within local communities; or
(e) Other related expenses.
(2) This section does not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives as provided for under *RCW 41.56.153
.
(3) The department must adopt rules to implement this section.
(4) For the purposes of this section, "eligible provider" means: (a) An employee or owner of a licensed or certified child care center or outdoor nature-based care accepting state subsidy; (b) an employee or owner of a licensed family home provider accepting state subsidy; (c) a contractor or provider of the early childhood education and assistance program or birth to three early childhood education and assistance program; (d) a license-exempt child care program; or (e) an early achievers coach.
[
2025 c 412 s 9
;
2021 c 199 s 304
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
41.56
RCW by
2025 c 290 s 2
.
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.592
Dual language designation
—
Rate enhancement.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a dual language designation and provide subsidy rate enhancements or site-specific grants for licensed or certified child care providers who are accepting state subsidy or early childhood education and assistance program contractors; or birth to three early childhood education and assistance program contractors. It is the intent of the legislature to allow uses of rate enhancements or site-specific grants to include increased wages for individual staff who provide bilingual instruction, professional development training, the purchase of dual language and culturally appropriate curricula and accompanying training programs, instructional materials, or other related expenses.
(2) The department must consult with a culturally and linguistically diverse stakeholder advisory group to develop criteria for the dual language designation.
(3) This section does not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives as provided for under *RCW 41.56.153
.
(4) The department must adopt rules to implement this section.
[
2025 c 412 s 11
;
2021 c 199 s 305
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
41.56
RCW by
2025 c 290 s 2
.
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.595
Early childhood equity grants.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall distribute early childhood equity grants to eligible applicants. Eligible applicants include play and learn groups, licensed or certified child care centers and family home providers, license-exempt child care programs, and early childhood education and assistance program contractors. The equity grants are intended to serve as a step toward expanding access to early learning statewide and transforming Washington's early learning system to make it more inclusive and equitable. The department shall administer the early childhood equity grants to support inclusive and culturally and linguistically specific early learning and early childhood and parent support programs across the state.
(2) The department must conduct an equitable process to prioritize grant applications for early childhood equity grant assistance. An eligible applicant may receive an early childhood equity grant once every two years. When conducting the equitable grant process, the department must:
(a) Solicit project applications from a racially and geographically diverse pool of eligible applicants statewide;
(b) Provide application materials in the five most commonly spoken languages in the state and broadly communicate using a variety of strategies to reach diverse communities;
(c) Require applicants to demonstrate their proposed uses of early childhood equity grant funds to incorporate either inclusive practices or culturally and linguistically supportive and relevant practices, or both, into early learning program design, delivery, education, training, and evaluation; and
(d) Provide technical assistance to any applicant who needs it.
[
2021 c 199 s 307
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.597
Play and learn groups
—
Resources and supports.
Subject to the availability of amounts appropriated for this specific purpose, the department, in consultation with community-based programs, shall provide or contract to provide, or both, resources and supports for inclusive and culturally and linguistically relevant play and learn groups. Play and learn groups offer parents and other caregivers culturally responsive opportunities to support their children's early learning, build relationships that reduce isolation and encourage socialization, and promote kindergarten readiness.
[
2021 c 199 s 310
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.600
Professional development supports.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide professional development supports to aid eligible providers in reaching the professional education and training standards adopted by the department. Professional development supports may include:
(a) Department-required trainings for child care providers conducted by department-approved trainers;
(b) Trainings for license-exempt family, friend, and neighbor child care providers conducted by department-approved trainers;
(c) Early achievers scholarships;
(d) Community-based training pathways and systems developed under RCW 43.216.755
;
(e) Supporting a nonprofit organization that provides relationship-based professional development support to family, friend, and neighbor caregivers, child care centers, and licensed family home providers, and their work to help providers start their businesses; and
(f) Other professional development activities such as updating training content, data collection and reporting, trainer recruitment, retention, program monitoring, and trainings delivered by department-approved trainers on topics such as small business management, antibias and antiracist training, providing care for children with developmental disabilities, social-emotional learning, implementing inclusionary practices in early learning environments, infant and toddler care, dual language program development, and providing trauma-informed care.
(2) For the purposes of this section, "eligible provider" means: (a) An owner of a licensed or certified child care center, licensed or certified outdoor nature-based care, or licensed family home provider accepting state subsidy; (b) an employee of a licensed or certified child care center, licensed or certified outdoor nature-based care, or a licensed family home provider; (c) a contractor or provider of the early childhood education and assistance program or birth to three early childhood education and assistance program; or (d) an early achievers coach.
[
2021 c 199 s 311
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.602
Child care deserts grant program.
(Expires June 30, 2026.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a grant program to expand child care in child care deserts. Grants must be used for one-time costs associated with the opening of a child care site, including program costs, for providers who are newly licensed or are in the process of becoming licensed.
(2) The department must use the child care industry insights dashboard from the child care industry assessment as a tool to identify areas in which additional investments are needed in order to expand existing child care capacity to meet family demand and reduce child care deserts.
(3) This section expires June 30, 2026.
[
2021 c 199 s 314
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.650
Child fatality reviews.
(1) For the purposes of this section, "near fatality" means an act that, as certified by a physician, places the child in serious or critical condition.
(2)(a) The department shall conduct a child fatality review if a child fatality occurs in an early learning program described in RCW 43.216.500
through
43.216.550
or a licensed child care center, licensed outdoor nature-based child care, or a licensed child care home.
(b) The department shall convene a child fatality review committee and determine the membership of the review committee. The committee shall comprise individuals with appropriate expertise, including but not limited to experts from outside the department with knowledge of early learning licensing requirements and program standards, a law enforcement officer with investigative experience, a representative from a county or state health department, and a child advocate with expertise in child fatalities. The department shall invite one parent or guardian for membership on the child fatality review committee who has had a child die in a child care setting. The department shall ensure that the fatality review team is made up of individuals who had no previous involvement in the case.
(c) The department shall allow the parents or guardians whose child's death is being reviewed to testify before the child fatality review committee.
(d) The primary purpose of the fatality review shall be the development of recommendations to the department and legislature regarding changes in licensing requirements, practice, or policy to prevent fatalities and strengthen safety and health protections for children.
(e) Upon conclusion of a child fatality review required pursuant to this section, the department shall, within one hundred eighty days following the fatality, issue a report on the results of the review, unless an extension has been granted by the governor. Reports must be distributed to the appropriate committees of the legislature, and the department shall create a public website where all child fatality review reports required under this section must be posted and maintained. A child fatality review report completed pursuant to this section is subject to public disclosure and must be posted on the public website, except that confidential information may be redacted by the department consistent with the requirements of RCW 13.50.100, 68.50.105, and
74.13.500
through
74.13.525, chapter
42.56
RCW, and other applicable state and federal laws.
(3) The department shall consult with the office of the family and children's ombuds to determine if a review should be conducted in the case of a near child fatality that occurs in an early learning program described in RCW 43.216.500
through
43.216.550
or licensed child care center, licensed outdoor nature-based child care, or licensed child care home.
(4) In any review of a child fatality or near fatality, the department and the fatality review team must have access to all records and files regarding the child or that are otherwise relevant to the review and that have been produced or retained by the early education and assistance program provider or licensed child care center, licensed outdoor nature-based child care, or licensed family home provider.
(5) The child fatality review committee shall coordinate with local law enforcement to ensure that the fatality or near fatality review does not interfere with any ongoing or potential criminal investigation.
(6)(a) A child fatality or near fatality review completed pursuant to this section is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this section.
(b) A department employee responsible for conducting a child fatality or near fatality review, or member of a child fatality or near fatality review team, may not be examined in a civil or administrative proceeding regarding the following:
(i) The work of the child fatality or near fatality review team;
(ii) The incident under review;
(iii) The employee's or member's statements, deliberations, thoughts, analyses, or impressions relating to the work of the child fatality or near fatality review team or the incident under review; or
(iv) Statements, deliberations, thoughts, analyses, or impressions of any other member of the child fatality or near fatality review team, or any person who provided information to the child fatality or near fatality review team, relating to the work of the child fatality or near fatality review team or the incident under review.
(c) Documents prepared by or for a child fatality or near fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in a child fatality or near fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by a child fatality or near fatality review team. A person is not unavailable as a witness merely because the person has been interviewed by or has provided a statement for a child fatality or near fatality review, but if called as a witness, a person may not be examined regarding the person's interactions with the child fatality or near fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This section may not be construed as restricting a person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions in this section do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with a minor's death or near fatality reviewed by a child fatality or near fatality review team.
(7) The department shall develop and implement procedures to carry out the requirements of this section.
(8) Nothing in this section creates a duty for the office of the family and children's ombuds under RCW 43.06A.030
as related to children in the care of an early learning program described in RCW 43.216.500
through
43.216.550, a licensed child care center, a licensed outdoor nature-based child care, or a licensed child care home.
[
2021 c 304 s 21
;
2015 c 199 s 1
. Formerly RCW 43.215.490
.]
NOTES:
Short title
—
2015 c 199:
"This act may be known and cited as the Eve Uphold act." [
2015 c 199 s 3
.]
RCW 43.216.655
Data collection and program evaluation
—
Reports.
(1) The education data center established in RCW 43.41.400
must collect longitudinal, student-level data on all children attending an early childhood education and assistance program. Upon completion of an electronic time and attendance record system, the education data center must collect longitudinal, student-level data on all children attending a working connections child care program. Data collected should capture at a minimum the following characteristics:
(a) Daily program attendance;
(b) Identification of classroom and teacher;
(c) Early achievers program quality level rating;
(d) Program hours;
(e) Program duration;
(f) Developmental results from the Washington kindergarten inventory of developing skills in RCW 28A.655.080
; and
(g) To the extent data is available, the distinct ethnic categories within racial subgroups of children and providers that align with categories recognized by the education data center.
(2) The department shall provide early learning providers student-level data collected pursuant to this section that are specific to the early learning provider's program. Upon completion of an electronic time and attendance record system identified in subsection (1) of this section, the department shall provide child care providers student-level data that are specific to the child care provider's program.
(3) The department shall review available research and best practices literature on cultural competency in early learning settings. The department shall review the K-12 components for cultural competency developed by the professional educator standards board and identify components appropriate for early learning professional development.
(4)(a) The Washington state institute for public policy shall conduct a longitudinal analysis examining relationships between the early achievers program quality ratings levels and outcomes for children participating in subsidized early care and education programs.
(b) The institute shall submit the first report to the appropriate committees of the legislature and the early learning advisory council by December 31, 2019. The institute shall submit subsequent reports annually to the appropriate committees of the legislature and the early learning advisory council by December 31st, with the final report due December 31, 2022. The final report shall include a cost-benefit analysis.
(5) By December 31, 2021, and subject to the availability of amounts appropriated for this specific purpose, the Washington state institute for public policy shall update the outcome evaluation of the early childhood education and assistance program required by chapter 16, Laws of 2013 and report to the governor and the legislature on the outcomes of program participants. The evaluation must include the demographics of program participants including race, ethnicity, and socioeconomic status. The evaluation must examine short and long-term impacts on program participants, including high school graduation rates for up to two cohorts. When conducting the evaluation, the institute must consider, to the extent that data is available, the education levels and demographics, including race, ethnicity, and socioeconomic status, of early childhood education and assistance program staff and the effects of full-day programming and half-day programming on outcomes.
[
2019 c 369 s 7
;
2015 3rd sp.s. c 7 s 13
. Formerly RCW 43.215.492
.]
NOTES:
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.660
Child care services
—
Declaration of policy.
It shall be the policy of the state of Washington to:
(1) Recognize the family as the most important social and economic unit of society and support the central role parents play in child rearing. All parents are encouraged to care for and nurture their children through the traditional methods of parental care at home. The availability of quality, affordable child care is a concern for working parents, the costs of care are often beyond the resources of working parents, and child care facilities are not located conveniently to workplaces and neighborhoods. Parents are encouraged to participate fully in the effort to improve the quality of child care services.
(2) Promote a variety of culturally and developmentally appropriate child care settings and services of the highest possible quality in accordance with the basic principle of continuity of care. These settings shall include, but not be limited to, family day care homes, outdoor nature-based child care, centers, and schools.
(3) Promote the growth, development and safety of children by working with community groups including providers and parents to establish standards for quality service, training of child care providers, fair and equitable monitoring, and salary levels commensurate with provider responsibilities and support services.
(4) Promote equal access to quality, affordable, socio-economically integrated child care for all children and families.
(5) Facilitate broad community and private sector involvement in the provision of quality child care services to foster economic development and assist industry through the department.
[
2021 c 304 s 22
;
2017 3rd sp.s. c 6 s 212
;
2006 c 265 s 202
;
1989 c 381 s 2
;
1988 c 213 s 1
. Formerly RCW 43.215.495, 74.13.085
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Effective date
—
2006 c 265:
See RCW 43.216.902
.
Findings
—
1989 c 381:
"The legislature finds that the increasing difficulty of balancing work life and family needs for parents in the workforce has made the availability of quality, affordable child care a critical concern for the state and its citizens. The prospect for labor shortages resulting from the aging of the population and the importance of the quality of the workforce to the competitiveness of Washington businesses make the availability of quality child care an important concern for the state and its businesses.
The legislature further finds that making information on child care options available to businesses can help the market for child care adjust to the needs of businesses and working families. The legislature further finds that investments are necessary to promote partnerships between the public and private sectors, educational institutions, and local governments to increase the supply, affordability, and quality of child care in the state." [
1989 c 381 s 1
.]
Severability
—
1989 c 381:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1989 c 381 s 7
.]
Severability
—
1988 c 213:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1988 c 213 s 5
.]
RCW 43.216.665
Child care workers
—
Findings
—
Intent.
The legislature finds that as of 2000, child care workers in the state earned an average hourly wage of eight dollars and twenty-two cents, only fifty-eight percent received medical insurance through employers, only sixty-six percent received paid sick leave, and only seventy-three percent received paid vacation. The legislature further finds that low wages for child care workers create a barrier for individuals entering the profession, result in child care workers leaving the profession in order to earn a living wage in another profession, and make it difficult for child care workers to afford professional education and training. As a result, the availability of quality child care in the state suffers.
The legislature intends to increase wages to child care workers through establishing a child care career and wage ladder that provides increased wages for child care workers based on their work experience, level of responsibility, and education. To the extent practicable within available funds, this child care career and wage ladder shall mirror the successful child care career and wage ladder pilot project operated by the state between 2000 and 2003. While it is the intent of the legislature to establish the vision of a statewide child care career and wage ladder that will enhance employment quality and stability for child care workers, the legislature also recognizes that funding allocations will determine the extent of statewide implementation of a child care career and wage ladder.
[
2005 c 507 s 1
. Formerly RCW 43.215.500, 74.13.097
.]
RCW 43.216.670
Child care provider rules review.
In conjunction with child care providers and other early learning leaders, the department shall review and revise child care provider rules in order to emphasize the need for mutual respect among parents, providers, and state staff who enforce rules. Revised rules shall clearly focus on keeping children safe and improving early learning outcomes for children. The department shall develop a plan by July 2007 that outlines the process and timelines to complete the rules review. Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects.
[
2007 c 394 s 7
. Formerly RCW 43.215.502
.]
NOTES:
Finding
—
Declaration
—
Captions not law
—
2007 c 394:
See notes following RCW 43.216.010
.
RCW 43.216.675
Child care workers
—
Career and wage ladder.
(1) Subject to the availability of funds appropriated for this specific purpose, the department shall establish a child care career and wage ladder in licensed child care centers that meet the following criteria: (a) At least ten percent of child care slots are dedicated to children whose care is subsidized by the state or any political subdivision thereof or any local government; (b) the center agrees to adopt the child care career and wage ladder, which, at a minimum, shall be at the same pay schedule as existed in the previous child care career and wage ladder pilot project; and (c) the center meets further program standards as established by rule pursuant to *section 4, chapter 507, Laws of 2005.
The child care career and wage ladder shall include wage increments for levels of education, years of relevant experience, levels of work responsibility, relevant early childhood education credits, and relevant requirements in the state training and registry system.
(2) The department shall establish procedures for the allocation of funds to implement the child care career and wage ladder among child care centers meeting the criteria identified in subsection (1) of this section. In developing these procedures, the department shall:
(a) Review past efforts or administration of the child care career and wage ladder pilot project in order to take advantage of any findings, recommendations, or administrative practices that contributed to that pilot project's success;
(b) Consult with stakeholders, including organizations representing child care teachers and providers, in developing an allocation formula that incorporates consideration of geographic and demographic distribution of child care centers adopting the child care career and wage ladder; and
(c) Develop a system for prioritizing child care centers interested in adopting the child care career and wage ladder that is based on the criteria identified in subsection (1) of this section.
(3) Notwithstanding the requirements of subsection (2) of this section, child care centers meeting the criteria in subsection (1) of this section located in urban areas of the department of social and health services region one shall receive a minimum of fifteen percent of the funds allocated through the child care career and wage ladder, and of these centers, child care centers meeting the criteria in subsection (1) of this section participating in the Spokane tiered reimbursement pilot project shall have first priority for child care career and wage ladder funding.
[
2006 c 265 s 205
;
2005 c 507 s 2
. Formerly RCW 43.215.505, 74.13.098
.]
NOTES:
*Reviser's note:
Section 4 of this act was vetoed.
RCW 43.216.680
Child care workers
—
Career and wage ladder
—
Wage increases.
Child care centers adopting the child care career and wage ladder established pursuant to *RCW 43.215.505
shall increase wages for child care workers who have earned a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536, gain additional years of experience, or accept increasing levels of responsibility in providing child care, in accordance with the child care career and wage ladder. The adoption of a child care career and wage ladder shall not prohibit the provision of wage increases based upon merit. The department shall pay wage increments for child care workers employed by child care centers adopting the child care career and wage ladder established pursuant to *RCW 43.215.505
who earn early childhood education credits or meet relevant requirements in the state training and registry system, in accordance with the child care career and wage ladder.
[
2013 c 39 s 20
;
2006 c 265 s 206
;
2005 c 507 s 3
. Formerly RCW 43.215.510, 74.13.099
.]
NOTES:
*Reviser's note:
RCW 43.215.505
was recodified as RCW 43.216.675
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
RCW 43.216.685
Child care
—
Toll-free information number.
(1) The department shall establish and maintain a toll-free telephone number, and an interactive web-based system through which persons may obtain information regarding child day care centers, outdoor nature-based child care providers, and family day care providers. This number shall be available twenty-four hours a day for persons to request information. The department shall respond to recorded messages left at the number within two business days. The number shall be published in reasonably available printed and electronic media. The number shall be easily identifiable as a number through which persons may obtain information regarding child day care centers and family day care providers as set forth in this section.
(2) Through the toll-free telephone line established by this section, the department shall provide information to callers about: (a) Whether a day care provider is licensed; (b) whether a day care provider's license is current; (c) the general nature of any enforcement against the providers; (d) how to report suspected or observed noncompliance with licensing requirements; (e) how to report alleged abuse or neglect in a day care; (f) how to report health, safety, and welfare concerns in a day care; (g) how to receive follow-up assistance, including information on the office of the family and children's ombuds; and (h) how to receive referral information on other agencies or entities that may be of further assistance to the caller.
(3) The department shall print the toll-free number established by this section on the face of new licenses issued to child day care centers, outdoor nature-based child care providers, and family day care providers.
(4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter
42.56
RCW.
[
2021 c 304 s 23
;
2013 c 23 s 99
;
2006 c 209 s 10
;
2005 c 473 s 3
. Formerly RCW 43.215.520, 74.15.310
.]
NOTES:
Purpose
—
2005 c 473:
See note following RCW 74.15.300
.
RCW 43.216.687
Child care
—
Required postings
—
Disclosure of complaints.
(1) Every child day care center, outdoor nature-based child care provider, and family day care provider shall prominently post the following items, clearly visible to parents and staff:
(a) The license issued under this chapter;
(b) The department's toll-free telephone number established by RCW 43.216.685
;
(c) The notice of any pending enforcement action. The notice must be posted immediately upon receipt. The notice must be posted for at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer;
(d) A notice that inspection reports and any notices of enforcement actions for the previous three years are available from the licensee and the department; and
(e) Any other information required by the department.
(2) The department shall disclose the receipt, general nature, and resolution or current status of all complaints on record with the department after July 24, 2005, against a child day care center or family day care provider that result in an enforcement action. Information may be posted:
(a) On a website; or
(b) In a physical location that is easily accessed by parents and potential employers.
(3) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter
42.56
RCW.
[
2021 c 304 s 24
;
2007 c 415 s 6
;
2006 c 209 s 11
;
2005 c 473 s 4
. Formerly RCW 43.215.525, 74.15.320
.]
NOTES:
Purpose
—
2005 c 473:
See note following RCW 74.15.300
.
RCW 43.216.689
Child care
—
Public access to reports and enforcement action notices.
(1) Every child day care center, outdoor nature-based child care provider, and family day care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after July 24, 2005.
(2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day care centers, outdoor nature-based child care providers, and family day care providers. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
(3) The department may make available on a publicly accessible website all inspection reports and notices of licensing actions, including the corrective measures required or taken, involving child day care centers, outdoor nature-based child care providers, and family day care providers.
(4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter
42.56
RCW.
[
2021 c 304 s 25
;
2007 c 415 s 7
;
2006 c 209 s 12
;
2005 c 473 s 5
. Formerly RCW 43.215.530, 74.15.330
.]
NOTES:
Purpose
—
2005 c 473:
See note following RCW 74.15.300
.
RCW 43.216.690
Child day care centers and outdoor nature-based child care providers
—
Immunization.
(1) Except as provided in subsection (2) of this section, child day care centers and outdoor nature-based child care providers licensed under this chapter may not allow on the premises an employee or volunteer, who has not provided the child day care center or outdoor nature-based child care provider with:
(a) Immunization records indicating that he or she has received the measles, mumps, and rubella vaccine; or
(b) Proof of immunity from measles through documentation of laboratory evidence of antibody titer or a health care provider's attestation of the person's history of measles sufficient to provide immunity against measles.
(2)(a) The child day care center and outdoor nature-based child care provider may allow a person to be employed or volunteer on the premises for up to thirty calendar days if he or she signs a written attestation that he or she has received the measles, mumps, and rubella vaccine or is immune from measles, but requires additional time to obtain and provide the records required in subsection (1)(a) or (b) of this section.
(b) The child day care center and outdoor nature-based child care provider may allow a person to be employed or volunteer on the premises if the person provides the child day care center or outdoor nature-based child care provider with a written certification signed by a health care practitioner, as defined in RCW 28A.210.090, that the measles, mumps, and rubella vaccine is, in the practitioner's judgment, not advisable for the person. This subsection (2)(b) does not apply if it is determined that the measles, mumps, and rubella vaccine is no longer contraindicated.
(3) The child day care center and outdoor nature-based child care provider shall maintain the documents required in subsection (1) or (2) of this section in the person's personnel record maintained by the child day care center.
(4) For purposes of this section, "volunteer" means a nonemployee who provides care and supervision to children at the child day care center or outdoor nature-based child care program.
[
2021 c 304 s 26
;
2019 c 362 s 3
.]
RCW 43.216.692
Family home providers
—
Capacity flexibility.
The department may waive the limit, as established in RCW 43.216.010
(1)(c), that restricts family home providers from serving not more than 12 children. The department must establish conditions for such waivers by rule and must assess, at a minimum, the provider's available square footage and staffing capabilities prior to issuing any waiver of the limit of 12 children.
[
2021 c 199 s 313
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.695
County regulation of family day-care centers
—
Twelve-month pilot projects.
(1) Notwithstanding RCW 74.15.030, counties with a population of three thousand or less may adopt and enforce ordinances and regulations as provided in this section for family day-care providers as defined in *RCW 74.15.020
(1)(f) as a twelve-month pilot project. Before a county may regulate family day-care providers in accordance with this section, it shall adopt ordinances and regulations that address, at a minimum, the following: (a) The size, safety, cleanliness, and general adequacy of the premises; (b) the plan of operation; (c) the character, suitability, and competence of a family day-care provider and other persons associated with a family day-care provider directly responsible for the care of children served; (d) the number of qualified persons required to render care; (e) the provision of necessary care, including food, clothing, supervision, and discipline; (f) the physical, mental, and social well-being of children served; (g) educational and recreational opportunities for children served; and (h) the maintenance of records pertaining to children served.
(2) The county shall notify the department of social and health services in writing sixty days prior to adoption of the family day-care regulations required pursuant to this section. The transfer of jurisdiction shall occur when the county has notified the department in writing of the effective date of the regulations, and shall be limited to a period of twelve months from the effective date of the regulations. Regulation by counties of family day-care providers as provided in this section shall be administered and enforced by those counties. The department shall not regulate these activities nor shall the department bear any civil liability under chapter
74.15
RCW for the twelve-month pilot period. Upon request, the department shall provide technical assistance to any county that is in the process of adopting the regulations required by this section, and after the regulations become effective.
(3) Any county regulating family day-care providers pursuant to this section shall report to the governor and the appropriate committees of the legislature concerning the outcome of the pilot project upon expiration of the twelve-month pilot period. The report shall include the ordinances and regulations adopted pursuant to subsection (1) of this section and a description of how those ordinances and regulations address the specific areas of regulation identified in subsection (1) of this section.
[
2005 c 509 s 1
. Formerly RCW 43.215.532, 74.15.031
.]
NOTES:
*Reviser's note:
Chapter 265, Laws of 2006, deleted the definition of "family day-care provider" in RCW 74.15.020
and created it in RCW 43.215.010
. RCW 43.215.010
was recodified as RCW 43.216.010
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Effective date
—
2005 c 509:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 2005]." [
2005 c 509 s 2
.]
RCW 43.216.700
Day care insurance.
(1) Every licensed child day care center and outdoor nature-based child care provider shall, at the time of licensure or renewal and at any inspection, provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or is self-insured pursuant to chapter
48.90
RCW.
(a) Every licensed child day care center and outdoor nature-based child care provider shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day care center or outdoor nature-based child care location, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(b) Liability limits under this subsection shall be the same as set forth in RCW 48.88.050
.
(c) The department may take action as provided in RCW 43.216.325
if the licensee fails to maintain in full force and effect the insurance required by this subsection.
(d) This subsection applies to child day care centers and outdoor nature-based child care providers holding licenses, initial licenses, and probationary licenses under this chapter.
(e) A child day care center holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(2)(a) Every licensed family day care provider shall, at the time of licensure or renewal either:
(i) Provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or other applicable insurance; or
(ii) Provide written notice of their insurance status on a standard form developed by the department to parents with a child enrolled in family day care and keep a copy of the notice to each parent on file. Family day care providers may choose to opt out of the requirement to have day care or other applicable insurance but must provide written notice of their insurance status to parents with a child enrolled and shall not be subject to the requirements of (b) or (c) of this subsection.
(b) Any licensed family day care provider that provides to the department proof that the licensee has insurance as provided under (a)(i) of this subsection shall comply with the following requirements:
(i) Notify the department when coverage has been terminated;
(ii) Post at the day care home, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;
(iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.
(c) Liability limits under (a)(i) of this subsection shall be the same as set forth in RCW 48.88.050
.
(d) The department may take action as provided in RCW 43.216.325
if the licensee fails to comply with the requirements of this subsection.
(e) A family day care provider holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.
(3) Noncompliance or compliance with the provisions of this section shall not constitute evidence of liability or nonliability in any injury litigation.
[
2021 c 304 s 27
;
2007 c 415 s 10
;
2005 c 473 s 7
. Formerly RCW 43.215.535, 74.15.340
.]
NOTES:
Purpose
—
2005 c 473:
See note following RCW 74.15.300
.
RCW 43.216.705
Child care providers
—
Tiered-reimbursement system
—
Pilot sites.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall implement the tiered-reimbursement system developed pursuant to section 6, chapter 490, Laws of 2005. Implementation of the tiered-reimbursement system shall initially consist of two pilot sites in different geographic regions of the state with demonstrated public-private partnerships, with statewide implementation to follow.
(2) In implementing the tiered-reimbursement system, consideration shall be given to child care providers who provide staff wage progression.
(3) The department shall begin implementation of the two pilot sites by March 30, 2006.
[
2006 c 265 s 207
;
2005 c 490 s 7
. Formerly RCW 43.215.540, 74.15.350
.]
NOTES:
Effective date
—
2005 c 409:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]." [
2005 c 490 s 15
.]
RCW 43.216.710
Child care services.
The department shall:
(1) Work in conjunction with the statewide child care resource and referral network as well as local governments, nonprofit organizations, businesses, and community child care advocates to create local child care resource and referral organizations. These organizations may carry out needs assessments, resource development, provider training, technical assistance, and parent information and training;
(2) Actively seek public and private money for distribution as grants to the statewide child care resource and referral network and to existing or potential local child care resource and referral organizations;
(3) Adopt rules regarding the application for and distribution of grants to local child care resource and referral organizations. The rules shall, at a minimum, require an applicant to submit a plan for achieving the following objectives:
(a) Provide parents with information about child care resources, including location of services and subsidies;
(b) Carry out child care provider recruitment and training programs, including training under RCW 74.25.040
;
(c) Offer support services, such as parent and provider seminars, toy-lending libraries, and substitute banks;
(d) Provide information for businesses regarding child care supply and demand;
(e) Advocate for increased public and private sector resources devoted to child care;
(f) Provide technical assistance to employers regarding employee child care services; and
(g) Serve recipients of temporary assistance for needy families and working parents with household incomes at or below 100 percent of the state median income;
(4) Provide staff support and technical assistance to the statewide child care resource and referral network and local child care resource and referral organizations;
(5) Maintain a statewide child care licensing data bank and work with department licensors to provide information to local child care resource and referral organizations about licensed or certified child care providers in the state;
(6) Through the statewide child care resource and referral network and local resource and referral organizations, compile data about local child care needs and availability for future planning and development;
(7) Coordinate with the statewide child care resource and referral network and local child care resource and referral organizations for the provision of training and technical assistance to child care providers;
(8) Collect and assemble information regarding the availability of insurance and of federal and other child care funding to assist state and local agencies, businesses, and other child care providers in offering child care services;
(9) Subject to the availability of amounts appropriated for this specific purpose, increase the base rate for all child care providers by ten percent;
(10) Subject to the availability of amounts appropriated for this specific purpose, provide tiered subsidy rate enhancements to child care providers if the provider meets the following requirements:
(a) The provider enrolls in quality rating and improvement system levels 2, 3, 4, or 5;
(b) The provider is actively participating in the early achievers program;
(c) The provider continues to advance towards level 5 of the early achievers program; and
(d) The provider must complete level 2 within thirty months or the reimbursement rate returns the level 1 rate; and
(11) Require exempt providers to participate in continuing education, if adequate funding is available.
[
2021 c 199 s 506
;
2017 3rd sp.s. c 6 s 213
;
2013 c 323 s 8
;
2006 c 265 s 204
;
2005 c 490 s 10
;
1997 c 58 s 404
;
1993 c 453 s 2
;
1991 sp.s. c 16 s 924
;
1989 c 381 s 5
. Formerly RCW 43.215.545, 74.13.0903
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Effective date
—
2006 c 265:
See RCW 43.216.902
.
Effective date
—
2005 c 490:
See note following RCW 43.216.705
.
Finding
—
1997 c 58:
"The legislature finds that informed choice is consistent with individual responsibility and that parents should be given a range of options for available child care while participating in the program." [
1997 c 58 s 401
.]
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
Finding
—
1993 c 453:
"The legislature finds that building a system of quality, affordable child care requires coordinated efforts toward constructing partnerships at state and community levels. Through the office of child care policy, the department of social and health services is responsible for facilitating the coordination of child care efforts and establishing working partnerships among the affected entities within the public and private sectors. Through these collaborative efforts, the office of child care policy encouraged the coalition of locally based child care resource and referral agencies into a statewide network. The statewide network, in existence since 1989, supports the development and operation of community-based resource and referral programs, improves the quality and quantity of child care available in Washington by fostering statewide strategies, and generates then nurtures effective public-private partnerships. The statewide network provides important training, standards of service, and general technical assistance to its locally based child care resource and referral programs. The locally based programs enrich the availability, affordability, and quality of child care in their communities." [
1993 c 453 s 1
.]
Effective date
—
1993 c 453:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 17, 1993]." [
1993 c 453 s 3
.]
Severability
—
Effective date
—
1991 sp.s. c 16:
See notes following RCW 9.46.100
.
Findings
—
Severability
—
1989 c 381:
See notes following RCW 43.216.660
.
RCW 43.216.712
Child care
—
High-potency synthetic opioids in the home.
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program for contracted child care slots for infants in child protective services in locales with the historically highest rates of child welfare screened-in intake due to the exposure or presence of high-potency synthetic opioids in the home, which may be used as part of a safety plan. Unused slots under this section may be used for children who are screened in due to a parent's substance use disorder when the substance use disorder is related to a substance other than a high-potency synthetic opioid.
[
2024 c 328 s 201
.]
NOTES:
Findings
—
Intent
—
2024 c 328:
See note following RCW 13.34.050
.
RCW 43.216.713
Legal liaison
—
Child abuse and neglect court cases.
(1) Subject to the availability of amounts appropriated for this specific purpose, at least one legal liaison position shall be established within the department in each of its regions to work with both the department and the office of the attorney general for the purpose of assisting with the preparation of child abuse and neglect court cases.
(2)(a) To the extent possible, the workload of the legal liaisons shall be geographically divided to reflect where the highest risk and most vulnerable child abuse and neglect cases are filed.
(b) For the purpose of this subsection, "highest risk" and "most vulnerable" are determined by the age of the child and whether the child is particularly vulnerable given the child's medical or developmental conditions.
(3) The department may determine the necessary qualifications for the legal liaison positions established in this section.
[
2024 c 328 s 107
.]
NOTES:
Findings
—
Intent
—
2024 c 328:
See note following RCW 13.34.050
.
RCW 43.216.715
Child care partnership employer liaison.
An employer liaison position is established in the department to be colocated with the department of commerce. The employer liaison shall, within appropriated funds:
(1) Staff and assist the child care partnership in the implementation of its duties;
(2) Provide technical assistance to employers regarding child care services, working with and through local resource and referral organizations whenever possible. Such technical assistance shall include at a minimum:
(a) Assessing the child care needs of employees and prospective employees;
(b) Reviewing options available to employers interested in increasing access to child care for their employees;
(c) Developing techniques to permit small businesses to increase access to child care for their employees;
(d) Reviewing methods of evaluating the impact of child care activities on employers; and
(e) Preparing, collecting, and distributing current information for employers on options for increasing involvement in child care; and
(3) Provide assistance to local child care resource and referral organizations to increase their capacity to provide quality technical assistance to employers in their community.
[
2017 3rd sp.s. c 6 s 214
;
2006 c 265 s 203
;
1989 c 381 s 6
. Formerly RCW 43.215.550, 74.13.0902
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822:
See note following RCW 43.216.025
.
Effective date
—
2006 c 265:
See RCW 43.216.902
.
Findings
—
Severability
—
1989 c 381:
See notes following RCW 43.216.660
.
RCW 43.216.720
Child care expansion grant fund.
(1) The legislature recognizes that a severe shortage of child care exists to the detriment of all families and employers throughout the state. Many workers are unable to enter or remain in the workforce due to a shortage of child care resources. The high costs of starting a child care business create a barrier to the creation of new slots, especially for children with special needs.
(2) A child care expansion grant fund is created in the custody of the secretary of the department of social and health services. Grants shall be awarded on a one-time only basis to persons, organizations, or schools needing assistance to start a child care center or mini-center as defined by the department by rule, or to existing licensed child care providers, including family home providers, for the purpose of making capital improvements in order to accommodate children with disabilities, sick children, or infant care, or children needing nighttime care. No grant may exceed ten thousand dollars. Start-up costs shall not include operational costs after the first three months of business.
(3) Child care expansion grants shall be awarded on the basis of need for the proposed services in the community, within appropriated funds.
(4) The department shall adopt rules under chapter
34.05
RCW setting forth criteria, application procedures, and methods to assure compliance with the purposes described in this section.
[
2020 c 274 s 26
;
1988 c 213 s 3
. Formerly RCW 43.215.555, 74.13.095
.]
NOTES:
Severability
—
1988 c 213:
See note following RCW 43.216.660
.
RCW 43.216.735
Placement of children ages sixty months through six years.
For children ages sixty months through six years, the child's school enrollment status may not be used as a reason to require the child be placed within a specific mixed-age group. Nothing in this section changes or requires the department to change the staff-to-child ratio requirements for mixed-age groups that include children who are ages thirty months through six years.
[
2016 c 169 s 2
. Formerly RCW 43.215.564
.]
NOTES:
Finding
—
Intent
—
2016 c 169:
"(1) The legislature recognizes that the high cost of quality child care places a heavy burden on Washington's poorest families. The legislature further acknowledges the administrative burden unnecessary regulations place on child care providers and the families they serve. The legislature finds that under current rule, child care providers may not serve five year olds attending school in the same group as five year olds not attending school.
(2) The legislature intends to allow child care centers to serve kindergartners in a mixed group or classroom without having to go through a waiver process. The legislature further intends to streamline the delivery of services to children while continuing to protect their safety and well-being." [
2016 c 169 s 1
.]
RCW 43.216.742
Outdoor nature-based child care program.
(1) The department shall establish a licensed outdoor nature-based child care program.
(2) The department shall adopt rules to implement the outdoor nature-based child care program and may waive or adapt licensing requirements when necessary to allow for the operation of outdoor classrooms.
(3) The department shall apply the early achievers program to the outdoor nature-based child care program to assess quality in outdoor learning environments and may waive or adapt early achievers requirements when necessary to allow for the operation of outdoor classrooms.
(4) A child care or early learning program operated by a federally recognized tribe may participate in the outdoor nature-based child care program through an interlocal agreement between the tribe and the department. The interlocal agreement must reflect the government-to-government relationship between the state and the tribe, including recognition of tribal sovereignty.
(5) Subject to the availability of funds, the department may convene an advisory group of outdoor, nature-based early learning practitioners to inform and support implementation of the outdoor nature-based child care program.
[
2021 c 304 s 28
.]
RCW 43.216.745
Child care consultation program
—
Creation, operation, and duties.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a child care consultation program linking child care providers with evidence-based, trauma-informed, and best practice resources regarding caring for infants and young children who present behavioral concerns or symptoms of trauma. The department may contract with an entity with expertise in child development and early learning programs in order to operate the child care consultation program.
(2) In establishing and operating the program, the department or contracted entity shall: (a) Assist child care providers in recognizing the signs and symptoms of trauma in children; (b) provide support and guidance to child care staff; (c) consult and coordinate with parents, other caregivers, and experts or practitioners involved with the care and well-being of the young children; and (d) provide referrals for children who need additional services.
[
2017 c 202 s 5
. Formerly RCW 43.215.570
.]
NOTES:
Findings
—
Intent
—
2017 c 202:
See note following RCW 74.09.495
.
RCW 43.216.750
Child welfare workers
—
Department duties
—
Technical work group to develop workload model
—
Annual report to legislature.
(1) The department shall provide child welfare workers and those supervising child welfare workers with access to:
(a) A critical incident protocol that establishes a process for appropriately responding to traumatic or high stress incidents in a manner that provides employees with proper mental health and stress management support, guidance, and education; and
(b) Peer counseling from someone trained in providing peer counseling and support.
(2) The department shall systematically collect workforce data regarding child welfare workers including staff turnover, workload distribution, exit interviews, and regular staff surveys to assess organizational culture and psychological safety.
(3) The department shall make a concerted effort to increase efficiency through the reduction of paperwork.
(4) The department shall develop a scientifically based method for measuring the direct service time of child welfare workers and contracted resources.
(5) The department shall convene a technical work group to develop a workload model including standardized ratios for supervisors, clerical, and other child welfare worker support staff and child welfare worker caseload ratios by case type.
(a) The technical work group must include:
(i) Two child welfare worker representatives, one from west of the crest of the Cascade mountain range, and one from east of the crest of the Cascade mountain range;
(ii) Fiscal staff from the department;
(iii) Human resources staff from the department; and
(iv) A representative from the office of financial management.
(b) The department shall provide a report to the relevant committees of the legislature in compliance with RCW 43.01.036
by December 1, 2019, that includes a description of the workload model recommended by the technical work group and the steps the department is taking to implement this model.
(c) The technical work group established in this section shall continue to meet and provide an annual report to the relevant committees of the legislature in compliance with RCW 43.01.036
by December 1st of each year regarding any recommended modifications to the workload model and steps the department is taking to implement those changes.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Child welfare worker" means an employee of the department whose job includes supporting or providing child welfare services as defined in RCW 74.13.020
including those providing family assessment response services as defined in RCW 26.44.020
or child protective services as defined in RCW 26.44.020
.
(b) "Critical incident" means an incident that is unusual and involves a perceived or actual threat of harm to an individual which includes but is not limited to child fatalities or near fatalities.
[
2019 c 470 s 28
.]
RCW 43.216.755
Child care providers
—
Community-based training pathway.
(1) By July 1, 2021, the department shall implement a noncredit-bearing, community-based training pathway for licensed child care providers to meet professional education requirements associated with child care licensure. The community-based training pathway must be offered as an alternative to existing credit-bearing pathways available to providers.
(2) The community-based training pathway must:
(a) Align with adopted core competencies for early learning professionals;
(b) Be made available to providers in multiple languages;
(c) Include culturally relevant practices;
(d) Be made available at low cost to providers and at prices comparable to the cost of similar community-based trainings, not to exceed $250 per person; and
(e) Be accessible to providers in rural and urban settings.
(3) The department shall allow licensed child care providers until at least August 1, 2030, to:
(a) Comply with child care licensing rules that require a provider to hold an early childhood education initial certificate or an early childhood education short certificate; or
(b) Complete the community-based training pathway.
(4) Nothing prohibits the department from adopting rules that provide timelines beyond August 1, 2030, to allow providers additional time to meet staff qualification requirements based on their date of licensure, hire, or promotion, which can be no more than five years.
[
2025 c 281 s 2
;
2020 c 342 s 2
.]
NOTES:
Findings
—
Intent
—
Stakeholder group
—
Early learning and school-age staff qualifications
—
2025 c 281:
See notes following RCW 43.216.757
.
Findings
—
Intent
—
2020 c 342:
"The legislature finds that a nurturing and loving relationship between an early learning provider and a child the provider cares for is an essential component of early learning and has a strong influence on that child's healthy development. Further, the legislature finds that successfully operating a child care center or licensed family home is becoming more financially challenging as the state's regulatory framework for child care and early learning has grown more comprehensive. The legislature recognizes the value of demonstrated competence that comes with a provider's experience in delivering quality child care. Therefore, in response to our state's urgent child care crisis, the legislature intends to provide relief to early learning providers by building the early learning workforce to meet the needs of working families across our state. The legislature further intends for providers to have a range of options to meet education requirements, including a noncredit-bearing[,] community-based training pathway." [
2020 c 342 s 1
.]
RCW 43.216.757
Child care providers
—
Experience-based competency.
(1) Except as provided in subsection (2) of this section, the department shall allow licensed child care providers until August 1, 2030, to demonstrate experience-based competency as an alternative means to comply with child care licensing rules that require a provider to hold an early childhood education initial, short, or state certificate, when the provider has all of the following documented in the department's electronic workforce registry:
(a) Active employment in a position that requires an early childhood education initial, short, or state certificate;
(b) Employment in a licensed or certified child care center or licensed family home provider without a break in service since August 1, 2021, as of July 27, 2025, or a cumulative five years of employment in a licensed or certified child care center or licensed family home provider; and
(c) Completion of and maintained compliance with all health and safety and child care or school-age care basics training required by the department.
(2) Nothing in this section prohibits the department from establishing more restrictive requirements for providers serving the early childhood education and assistance program including, but not limited to, excluding experience-based competency as an alternative means to fulfill staff qualification requirements, nor does it prohibit the department from excluding experience-based competency from the calculation of early achievers professional development points.
[
2025 c 281 s 3
.]
NOTES:
Findings
—
Intent
—
2025 c 281:
"(1) The legislature finds that the COVID-19 pandemic had a dramatic impact on all people, but had a particularly dramatic impact on child care and the child care industry. Many child care facilities closed during the COVID-19 pandemic and providers left the child care field. It became clear during the COVID-19 pandemic how critical child care is to the success of every industry as parents need child care to work.
(2) The legislature further finds that because of the unprecedented impact of the COVID-19 pandemic on the child care industry, the plans of many child care providers to receive education were put on hold as efforts were focused on addressing the immediate needs of child care providers and families. Additionally, the current market-based funding model results in wages so low that affording college tuition is often impossible for child care providers. The limited availability of college courses in multiple languages and the scarcity of early childhood education college programs further hinders access to required training and certification. Similar to the mixed delivery system of early learning, child care providers should also have access to a mix of pathways to meet staff qualification requirements.
(3) For those reasons, the legislature intends to delay the requirement for child care providers to meet certification and training qualification conditions and honor the experience of child care providers by extending the timeline for licensed child care providers to demonstrate experience-based competency. Extending these timelines will support child care providers in their professional journey." [
2025 c 281 s 1
.]
Stakeholder group
—
Early learning and school-age staff qualifications
—
2025 c 281:
"(1) The department of children, youth, and families shall convene a stakeholder group to assist the department in identifying strategies to improve early learning and school-age staff qualification requirements and verification processes including, but not limited to:
(a) Identifying measures to streamline and clarify relevant administrative rules and department policies;
(b) Defining criteria and methods by which to honor equivalent out-of-state education and training; and
(c) Identifying options for offering the community-based training pathway in an online format.
(2) At a minimum, the stakeholder group must include:
(a) Family home and child care center providers, including at least one provider from a child care center that is part of a national chain or has 10 or more sites; and
(b) Representation from the following organizations:
(i) The statewide child care resource and referral network;
(ii) A community-based training organization that provides training to licensed family day care providers;
(iii) A statewide organization that represents the interests of family day care providers;
(iv) A statewide organization that represents the interests of licensed child day care centers;
(v) The statewide out-of-school time intermediary organization;
(vi) An organization that represents the interests of refugee and immigrant communities;
(vii) A bilingual child care provider whose first language is not English;
(viii) An organization that advocates for early learning;
(ix) An organization representing private and independent schools; and
(x) The state board for community and technical colleges.
(3) The department of children, youth, and families shall report to the legislature by December 1, 2026, in compliance with RCW 43.01.036, on strategies identified by the stakeholder group and the department's plans and timelines under which to carry out those strategies.
(4) The department of children, youth, and families must convene the stakeholder group and produce the report as required in this section within existing resources.
(5) This section expires July 1, 2028." [
2025 c 281 s 4
.]
RCW 43.216.760
Child care and early learning providers
—
Firearms, dangerous weapons.
(1) Every child day care center and early childhood education and assistance program provider is subject to RCW 9.41.282
.
(2)(a) A family day care provider must store any firearm, ammunition, or other dangerous weapon as described in RCW 9.41.250
in a secure area when children for whom the family day care provider is licensed to provide care are present on the premises.
(b) The secure area must be inaccessible to children and must consist of a locked gun safe or a locked room. If stored in a locked room, each firearm must be stored unloaded and with a trigger lock or other disabling feature.
(3) The department may deny, suspend, revoke, modify or not renew the license of a child care provider in violation of this section.
[
2020 c 189 s 2
.]
RCW 43.216.762
Child care and early learning providers
—
Firearms, dangerous weapons
—
Rules.
The department must adopt rules to implement RCW 9.41.282
and
43.216.760
.
[
2020 c 189 s 3
.]
RCW 43.216.770
Fair start for kids account.
(1) The fair start for kids account is created in the state treasury. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used only for child care and early learning purposes.
[
2021 c 199 s 101
.]
NOTES:
Short title
—
2021 c 199:
"This act may be known and cited as the fair start for kids act." [
2021 c 199 s 1
.]
Findings
—
Intent
—
2021 c 199:
"(1) The legislature finds that high quality child care and early learning is critical to a child's success in school and life. The legislature recognizes that COVID-19 has devastated the existing child care industry, making it unduly burdensome for families to find care. The legislature recognizes that without immediate action to support child care providers, and without expanded access to affordable child care, especially infant and school-age care, parents will not be able to return to work while children lose valuable learning opportunities. In order to bolster a full economic recovery, the legislature finds that every child deserves a fair start.
(2) The legislature finds that access to affordable child care increases economic growth and labor force participation. The legislature further finds that an affordable, accessible system of high quality child care is necessary to the health of Washington's economy because employers benefit when parents have safe, stable, and appropriate care for their children. The legislature recognizes that too many working parents are forced to reduce their hours, decline promotional opportunities, or leave the workforce completely due to a lack of affordable and appropriate child care. The legislature finds that a report commissioned by the department of commerce in 2019 found that working parents in Washington forego $14,000,000,000 each year directly due to child care scarcity. The legislature recognizes that this disproportionally impacts women in the workforce and that in September 2020 alone, 78,000 men left the workforce, compared to 600,000 women.
(3) The legislature recognizes that quality child care can be a stabilizing factor for children experiencing homelessness, and is a proven protective factor against the impacts of trauma they may experience. Access to child care is also a necessary support for families with young children in resolving homelessness and securing employment.
(4) The legislature finds that the scarcity of child care, exacerbated by COVID-19, most significantly impacts families furthest from opportunity. The legislature recognizes that there are additional barriers to accessing this foundational support for immigrant communities and families whose first language is not English, families who have children with disabilities, rural communities, or other child care deserts. The legislature recognizes that high quality, inclusive child care and early learning programs have been shown to reduce the opportunity gap for low-income children and black, indigenous, and children of color while consistently improving outcomes for all children both inside and outside of the classroom.
(5) The legislature finds that without access to comprehensive, high quality prenatal to five services, children often enter kindergarten without the social-emotional, physical, cognitive, and language skills they need to be successful and fall behind their peers, facing compounding developmental challenges throughout their K-12 education. The legislature finds that cascading impacts of inaccessible child care and early learning programs create systemic barriers for children and their families that result in higher special education needs, greater likelihood of needing to repeat grades, increased child welfare and juvenile justice involvement, reduced high school graduation rates, limited postsecondary education attainment, and greater barriers to employment in adulthood.
(6) The legislature finds the vast majority of child care providers are small businesses and nonprofit organizations. In addition to adhering to federal, state, and local regulations to ensure healthy and safe environments for children, the legislature recognizes that child care providers must ensure their employees are adequately compensated and supported. However, the legislature acknowledges that the reduced staffing ratios for health and safety, additional cost of personal protective equipment and extra cleaning supplies, increased use of substitutes needed during COVID-19-related absences, and increased technology demands during school closures from the pandemic are further straining the viability of the child care business model in Washington state.
(7) The legislature finds that the health and stability of the early learning workforce is pivotal to any expansion of child care in Washington state. The legislature recognizes that the child care workforce, predominantly comprised of women of color, is structurally afflicted by low wages, limited or no health care, and a severe lack of retirement benefits. The legislature further recognizes that the threat of COVID-19 compounds these underlying issues, forcing providers to navigate increased stress, anxiety, and behavioral issues all while risking their lives to care for children. The legislature recognizes that families, friends, and neighbors who provide care are a critical component of the child care system. The legislature finds that child care workers are essential and deserve to be compensated and benefited accordingly.
(8) Therefore, the legislature resolves to respond to the COVID-19 crisis by first stabilizing the child care industry and then expanding access to a comprehensive continuum of high quality early childhood development programs, including infant and school-age child care, preschool, parent and family supports, and prenatal to three services. The legislature recognizes this continuum as critical to meeting different families' needs and offering every child in Washington access to a fair start.
(9) The legislature recognizes that the federal government has provided substantial additional funding through the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M., and the American rescue plan act of 2021. The purpose of the additional federal funding is to ensure access to affordable child care and stabilize and support child care providers affected by COVID-19. Therefore, it is the intent of the legislature to use the additional federal funding to supplement state funding in order to accelerate these investments.
(10) The legislature recognizes the strengths that multilingual, diverse early learning providers and caregivers contribute to early learning across the state. Therefore, the legislature intends to expand language access services to create an inclusive early learning system that specifically supports underserved providers.
(11) The legislature intends to expand eligibility for existing child care and preschool programs to increase access. The legislature recognizes that expansion must be accompanied by an investment to make child care more affordable. Therefore, the legislature intends to eliminate copayments for low-income families and limit copayments for any family on subsidy to no more than seven percent of their income.
(12) The legislature further intends to stabilize, support, and grow the diverse early learning workforce by funding living wages and affordable health benefits while providing training, infant and early childhood mental health consultation, shared business services, and a variety of other supports that recognize the critical role that early learning providers serve for all Washington children.
(13) The legislature intends to accelerate Washington's economic recovery from the devastating impacts of COVID-19 by dramatically expanding access to affordable, high quality child care and preschool, in order to get parents back to work and provide every child with a fair start." [
2021 c 199 s 2
.]
Conflict with federal requirements
—
2021 c 199:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [
2021 c 199 s 603
.]
RCW 43.216.772
Fair start for kids account
—
Spending goals and strategies.
(1) The spending goals and strategies for the fair start for kids account created under RCW 43.216.770
include, but are not limited to:
(a) Increasing child care subsidy rates, with the goal of moving toward the full cost of providing high quality child care;
(b) Expanding health care coverage through state sponsorship of child care workers on the Washington health benefit exchange and providing consumer assistance through navigators, as well as any other expansions of access to affordable health care for staff in child care centers, family home providers, outdoor nature-based care, and early childhood education and assistance program staff;
(c) Increasing child care and early learning providers' compensation;
(d) Implementing the provisions of collective bargaining agreements for family child care providers negotiated pursuant to *RCW 41.56.153
;
(e) Supporting and expanding access to the early childhood education and assistance program to reach state-funded entitlement required in RCW 43.216.556
;
(f) Making child care affordable for families;
(g) Providing resources and supports for family, friend, and neighbor caregivers that better reflect the full cost of care;
(h) Providing child care subsidies for families working to resolve homelessness;
(i) Providing professional development opportunities and supporting the substitute pool for child care and early learning providers;
(j) Delivering infant and early childhood mental health consultation services;
(k) Establishing prekindergarten through third grade systems coordinators at educational service districts;
(l) Supporting youth development programs serving children and youth ages birth through 12 including, but not limited to, expanded learning opportunities, mentoring, school-age child care, and wraparound supports or integrated student supports;
(m) Awarding grants and loans through the early learning facilities grant and loan program established under chapter
43.31
RCW;
(n) Funding special designations in the working connections child care programs, early childhood education and assistance programs, and birth to three early childhood education and assistance programs including designations established in RCW 43.216.579, 43.216.585, 43.216.590, and
43.216.592
;
(o) Supporting costs for transparent data collection and information technology systems operated by the department and department contractors, in particular, to ensure equitable systemic service provision and outcomes;
(p) Providing access to learning technology;
(q) Providing child care resource and referral services;
(r) Conducting quality rating and improvement system activities through the early achievers program;
(s) Expanding prenatal to three services and supports, including the birth to three early childhood education and assistance program and the in-home parent skill-based programs established in RCW 43.216.130
;
(t) Building and delivering a family resource and referral linkage system;
(u) Allowing the exploration of options to provide regulatory relief and make licensing more affordable for child care providers;
(v) Administering comprehensive shared services hubs to allow the ongoing pooling and shared use of services by licensed or certified child care centers and family home providers;
(w) Training department staff to ensure consistent and equitable application of child care licensing and quality standards across the state including antibias and antiracist training;
(x) Providing incentives and supports for child care providers to become licensed;
(y) Studying and evaluating options to incentivize business participation in child care and early learning systems;
(z) Providing start-up grants to eligible organizations as described in RCW 43.31.575
who provide or commit to providing the early childhood education and assistance program or working connections child care. Start-up grants must be used for one-time start-up costs associated with the start-up of a new child care or early childhood education and assistance program site; and
(aa) Recognizing the benefits of the diverse workforce and facilitating communication in the three most commonly spoken languages by developing a language access plan that centers on equity and access for immigrants, multilingual providers, caregivers, and families.
(2) This section does not interfere with, impede, or in any way diminish the right of family child care providers to bargain collectively with the state through the exclusive bargaining representatives as provided for under *RCW 41.56.153
.
[
2021 c 199 s 102
.]
NOTES:
*Reviser's note:
These RCW references have been corrected to reflect the reorganization of chapter
41.56
RCW by
2025 c 290 s 2
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.775
Inflationary adjustments to rates.
(1) Rates paid under RCW 43.216.592
must be adjusted every two years according to an inflationary increase. The inflationary increase must be calculated by applying the rate of the increase in the inflationary adjustment index to the rates established pursuant to RCW 43.216.592
.
(2) Subject to the availability of amounts appropriated for this specific purpose, rates paid under RCW 43.216.579, 43.216.585, and
43.216.578
must be adjusted every two years according to an inflationary increase. The inflationary increase must be calculated by applying the rate of the increase in the inflationary adjustment index to the rates established pursuant to RCW 43.216.579, 43.216.585, and
43.216.578
.
(3) Inflationary increases under subsection (1) of this section and any funded inflationary increase under subsection (2) of this section must be included in the rate used to determine inflationary increases in subsequent years.
(4) For the purposes of this section, "inflationary adjustment index" means the implicit price deflator averaged for each fiscal year, using the official current base rate, compiled by the bureau of economic analysis, United States department of commerce.
[
2024 c 282 s 3
;
2021 c 199 s 106
.]
NOTES:
Effective date
—
2024 c 282:
"This act takes effect November 1, 2024." [
2024 c 282 s 5
.]
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.800
General policies.
(1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households. These policies shall focus on supporting school readiness for young learners. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures established by the department and the standards established in this section intended to promote stability, quality, and continuity of early care and education programming.
(2) As recommended by P.L. 113-186, authorizations for the working connections child care subsidy are effective for 12 months.
(3)(a) The department must extend the homeless grace period, as adopted in department rule as of January 1, 2020, from a four-month grace period to a 12-month grace period.
(b) For the purposes of this subsection, "homeless" means being without a fixed, regular, and adequate nighttime residence as described in the federal McKinney-Vento homeless assistance act (42 U.S.C. Sec. 11434a) as it existed on January 1, 2020.
[
2025 c 412 s 15
;
2024 c 67 s 1
. Prior:
2023 c 294 s 1
;
2023 c 222 s 3
;
2021 c 199 s 202
;
2020 c 279 s 2
. Formerly RCW 43.216.136
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Effective date
—
2023 c 222 s 3:
"Section 3 of this act takes effect October 1, 2023." [
2023 c 222 s 6
.]
Findings
—
Intent
—
2023 c 222:
"(1) The legislature acknowledges that the working connections child care program provides quality child care for families. The legislature intends to increase access to this program for certain families.
(2) The legislature recognizes that child care providers are struggling to hire and retain child care employees. As stated in RCW 43.216.749, the legislature intends to systemically increase child care subsidy rates over time until rates are equal to the full cost of providing high quality child care to help address these workforce issues. The legislature intends to provide child care employees with access to the working connections child care program as a more immediate benefit while acknowledging that this benefit may not be needed as child care subsidy rates increase.
(3) As stated in RCW 2.30.010, the legislature recognizes that therapeutic courts provide an opportunity for defendants or respondents to obtain treatment services to address particular issues that may have contributed to the conduct that led to their issue before the court. The legislature intends to provide those participating in these courts with access to the working connections child care program to help support their success in these courts and to provide stable and high quality child care for their families.
(4) The legislature acknowledges that the working connections child care program requires children to have a certain immigration status to be eligible. The legislature intends to expand the working connections child care program to provide access to child care for these families." [
2023 c 222 s 1
.]
Effective date
—
2021 c 199 ss 201, 202, 301, 309, and 504:
See note following RCW 43.216.802
.
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Effective date
—
2020 c 279:
"This act takes effect July 1, 2020." [
2020 c 279 s 4
.]
RCW 43.216.802
Eligibility
—
General requirements.
(1) It is the intent of the legislature to increase working families' access to affordable, high quality child care and to support the expansion of the workforce to support businesses and the statewide economy.
(2) A family is eligible for working connections child care when the household's annual income is at or below 60 percent of the state median income adjusted for family size and:
(a) The child receiving care is: (i) Less than 13 years of age; or (ii) less than 19 years of age and has a verified special need according to department rule or is under court supervision; and
(b) The household meets all other program eligibility requirements established in this chapter or in rule by the department as authorized by RCW 43.216.055
or
43.216.065
or any other authority granted by this chapter.
(3) Beginning July 1, 2029, a family is eligible for working connections child care when the household's annual income is above 60 percent and at or below 75 percent of the state median income adjusted for family size and:
(a) The child receiving care is: (i) Less than 13 years of age; or (ii) less than 19 years of age and has a verified special need according to department rule or is under court supervision; and
(b) The household meets all other program eligibility requirements established in this chapter or in rule by the department as authorized by RCW 43.216.055
or
43.216.065
or any other authority granted by this chapter.
(4) Beginning July 1, 2031, and subject to the availability of amounts appropriated for this specific purpose, a family is eligible for working connections child care when the household's annual income is above 75 percent of the state median income and is at or below 85 percent of the state median income adjusted for family size and:
(a) The child receiving care is: (i) Less than 13 years of age; or (ii) less than 19 years of age and has a verified special need according to department rule or is under court supervision; and
(b) The household meets all other program eligibility requirements established in this chapter or in rule by the department as authorized by RCW 43.216.055
or
43.216.065
or any other authority granted by this chapter.
(5) Beginning November 1, 2024, when an applicant or consumer is a member of an assistance unit that is eligible for or receiving basic food benefits under the federal supplemental nutrition assistance program or the state food assistance program the department must determine that the household income eligibility requirements in this section are met.
(6) The department must adopt rules to implement this section, including an income phase-out eligibility period.
(7) The department may not consider the citizenship status of an applicant or consumer's child when determining eligibility for working connections child care benefits.
(8) The income eligibility requirements in subsections (2) through (4) of this section do not apply to households eligible for the working connections child care program under RCW 43.216.808
and
43.216.814
.
[
2025 c 412 s 5
. Prior:
2024 c 225 s 1
;
2024 c 67 s 2
;
2023 c 222 s 4
;
2022 c 297 s 959
;
2021 c 199 s 201
. Formerly RCW 43.216.1368
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Findings
—
Intent
—
2023 c 222:
See note following RCW 43.216.800
.
Effective date
—
2022 c 297:
See note following RCW 43.79.565
.
Effective date
—
2021 c 199 ss 201, 202, 301, 309, and 504:
"Sections 201, 202, 301, 309, and 504 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2021." [
2021 c 199 s 607
.]
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.804
Copayments.
(1) Effective until October 1, 2026, the department must calculate a monthly copayment according to the following schedule:
If the household's income is:
Then the household's maximum monthly copayment is:
At or below 20 percent of the state median income
Waived to the extent allowable under federal law; otherwise, a maximum of $15
Above 20 percent and at or below 36 percent of the state median income
$65
Above 36 percent and at or below 50 percent of the state median income
$90
Above 50 percent and at or below 60 percent of the state median income
$165
Above 60 percent and at or below 75 percent of the state median income
$215
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall adopt a copayment model applicable until October 1, 2026, for households with annual incomes above 75 percent of the state median income and at or below 85 percent of the state median income. The model must calculate a copayment for each household that is no greater than seven percent of the household's countable income within this income range.
(3) Beginning October 1, 2026, the department must calculate a monthly copayment according to the following schedule:
If the household's income is:
Then the household's maximum monthly copayment is:
Below 25 percent of the state median income
$0
At or above 25 percent and below 35 percent of the state median income
25 percent of the state median income for a household of two, multiplied by five percent
At or above 35 percent and below 45 percent of the state median income
35 percent of the state median income for a household of two, multiplied by 5.5 percent
At or above 45 percent and below 55 percent of the state median income
45 percent of the state median income for a household of two, multiplied by six percent
At or above 55 percent of the state median income
55 percent of the state median income for a household of two, multiplied by 6.5 percent
(4) The department may adjust the copayment schedule to comply with federal law.
(5) The department must adopt rules to implement this section.
(6) This section does not apply to households eligible for the working connections child care program under RCW 43.216.808
and
43.216.814
.
[
2025 c 412 s 6
;
2024 c 67 s 3
.]
NOTES:
Application
—
2025 c 412:
"(1) In accordance with RCW 43.216.800, authorizations for a working connections child care subsidy are effective for 12 months and any changes related to eligibility in this act only apply to new applications and reapplications. The changes related to eligibility in this act do not apply to consumers who were authorized for a working connections child care subsidy before July 1, 2025 until the next reapplication.
(2) The changes related to the copayment schedule in section 6, chapter . . . (ESSB 5752), Laws of 2025 only apply to new applications and reapplications for a working connections child care subsidy. Consumers authorized for a working connections child care subsidy as of October 1, 2026, must not have their copayments adjusted by the schedule in section 6(3), chapter . . . (ESSB 5752), Laws of 2025 until reapplication.
(3) This section expires December 31, 2027." [
2025 c 412 s 7
.]
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
RCW 43.216.806
Exceptions to approved activity requirements.
(1)(a) Subject to the availability of amounts appropriated for this specific purpose, the department may not require an applicant or consumer to meet work requirements as a condition of receiving working connections child care benefits when the applicant or consumer is a full-time student of a community, technical, or tribal college and is enrolled in:
(i) A vocational education program that leads to a degree or certificate in a specific occupation; or
(ii) An associate degree program.
(b) An applicant or consumer is a full-time student for the purposes of this subsection if the applicant or consumer meets the college's definition of a full-time student.
(c) Subject to the availability of amounts appropriated for this specific purpose, the department may extend the provisions of this subsection to full-time students who are enrolled in a bachelor's degree program or applied baccalaureate degree program.
(2) The department must consider an applicant or consumer's participation in the birth to three early childhood education and assistance program or the early head start program as an approved activity when determining eligibility for working connections child care benefits.
[
2025 c 412 s 8
;
2024 c 282 s 4
;
2024 c 67 s 4
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
Effective date
—
2024 c 282:
See note following RCW 43.216.775
.
RCW 43.216.808
Categorical eligibility
—
Child protective, child welfare, or family assessment response services and participation in specialty courts.
(1) The department shall establish and implement policies in the working connections child care program to allow eligibility for families with children who:
(a) In the last six months have:
(i) Received child protective services as defined and used by chapters
26.44
and
74.13
RCW;
(ii) Received child welfare services as defined and used by chapter
74.13
RCW;
(iii) Received services through a family assessment response as defined and used by chapter
26.44
RCW; or
(iv) A parent or guardian participating in a specialty court or therapeutic court or who is a listed victim in a case in a specialty court or therapeutic court;
(b) Have been referred for child care as part of the family's case management as defined by RCW 74.13.020
or as part of the specialty court or therapeutic court's proceedings; and
(c) Are residing with a biological parent or guardian.
(2) Families who are eligible for working connections child care pursuant to this subsection do not have to keep receiving services or keep participating in a specialty court or therapeutic court identified in this subsection to maintain 12-month authorization as defined in RCW 43.216.800
and have no copayment.
[
2024 c 67 s 5
.]
RCW 43.216.814
Expanded eligibility
—
High school students or students working toward a high school equivalency certificate.
(1) A parent who is attending high school is eligible to receive working connections child care.
(2) A parent age 21 years or younger who is working toward completing a high school equivalency certificate is eligible to receive working connections child care.
(3) When determining consumer eligibility and copayment under this section, the department:
(a) Must, within existing resources, authorize full-day subsidized child care during the school year in cases where:
(i) The parent is participating in 110 hours of approved activities per month;
(ii) The household income of the parent does not exceed 85 percent of the state median income at the time of application; and
(iii) The parent meets all other program eligibility requirements established in this chapter or in rule by the department as authorized by RCW 43.216.055
or
43.216.065
or any other authority granted by this chapter;
(b) May not consider the availability of the other biological parent when authorizing care; and
(c) May not require a copayment.
[
2024 c 67 s 8
;
2020 c 339 s 1
. Formerly RCW 43.216.145
.]
NOTES:
Effective date
—
2020 c 339 s 1:
"Section 1 of this act takes effect September 1, 2020." [
2020 c 339 s 4
.]
RCW 43.216.820
Working connections child care program
—
Notification of change in providers.
Beginning July 1, 2016, or earlier if a different date is provided in the omnibus appropriations act, when an applicant or recipient applies for or receives working connections child care benefits, the applicant or recipient is required to notify the department, within five days, of any change in providers.
[
2018 c 52 s 3
;
2015 3rd sp.s. c 7 s 7
;
2012 c 251 s 2
. Formerly RCW 43.216.139, 43.215.1352
.]
NOTES:
Effective date
—
Intent
—
Finding
—
2018 c 52:
See notes following RCW 43.216.909
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Effective date
—
2012 c 251:
See note following RCW 43.216.135
.
RCW 43.216.822
Child care subsidy fraud
—
Referral
—
Collection of overpayments.
(1) The department must refer all suspected incidents of child care subsidy fraud to the department of social and health services office of fraud and accountability for appropriate investigation and action.
(2) For the purposes of this section, "fraud" has the definition in RCW 74.04.004
.
(3) This section does not limit or preclude the department or the department of social and health services from establishing and collecting overpayments consistent with federal regulation or seek other remedies that may be legally available, including but not limited to criminal investigation or prosecution.
[
2013 2nd sp.s. c 29 s 2
. Formerly RCW 43.216.730, 43.215.562
.]
NOTES:
Finding
—
Intent
—
2013 2nd sp.s. c 29:
"The legislature finds that child care providers positively contribute to local communities by offering important services that support the well-being of children and their families. The legislature further recognizes that most child care providers make every effort to ensure that subsidy payments received are correct and align with agency rules. When a child care provider is found to have fraudulently accepted subsidy payments, however, it is the legislature's intent to prohibit such a provider from receiving future child care subsidy payments." [
2013 2nd sp.s. c 29 s 1
.]
RCW 43.216.824
Working connections child care program
—
Contracted child care slots and vouchers.
(1) The department may employ a combination of vouchers and contracted slots for the subsidized child care programs in *RCW 43.215.135
. Child care vouchers preserve parental choice. Child care contracted slots promote access to continuous quality care for children, provide parents and caregivers stable child care that supports employment, and allow providers to have predictable funding. Any contracted slots the department may create under this section must meet the requirements in subsections (2) through (6) of this section.
(2) Only child care providers who participate in the early achievers program and rate at a level 3, 4, or 5 are eligible to be awarded a contracted slot.
(3)(a) The department is required to use data to calculate a set number of targeted contracted slots. In calculating the number, the department must take into account a balance of family home and center child care programs and the overall geographic distribution of child care programs in the state and the distribution of slots between ages zero and five.
(b) The targeted contracted slots are reserved for programs meeting both of the following conditions:
(i) Programs in low-income neighborhoods; and
(ii) Programs that consist of at least fifty percent of children receiving subsidy pursuant to *RCW 43.215.135
.
(c) Until August 1, 2017, the department shall assure an even distribution of contracted slots for children birth to age five.
(4) The department shall award the remaining contracted slots via a competitive process and prioritize child care programs with at least one of the following characteristics:
(a) Programs located in a high-need geographic area;
(b) Programs partnering with elementary schools to offer transitional planning and support to children as they advance to kindergarten;
(c) Programs serving children involved in the child welfare system; or
(d) Programs serving children diagnosed with a special need.
(5) The department shall pay a provider for each contracted slot, unless a contracted slot is not used for thirty days.
(6) The department shall include the number of contracted slots that use both early childhood education and assistance program funding and working connections child care program funding in the annual report to the legislature required under *RCW 43.215.102
.
[
2015 3rd sp.s. c 7 s 14
. Formerly RCW 43.216.143, 43.215.137
.]
NOTES:
*Reviser's note:
RCW 43.215.135
and
43.215.102
were recodified as RCW 43.216.135
and
43.216.089, respectively, pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.826
Working connections child care program
—
Standards and guidelines
—
Duties of the department.
(1) The standards and guidelines described in this section are intended for the guidance of the department. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
(2) When providing services to parents applying for or receiving working connections child care benefits, the department must provide training to departmental employees on professionalism.
(3) When providing services to parents applying for or receiving working connections child care benefits, the department has the following responsibilities:
(a) To return all calls from parents receiving working connections child care benefits within two business days of receiving the call;
(b) To develop a process by which parents receiving working connections child care benefits can submit required forms and information electronically by June 30, 2015;
(c) To notify providers and parents ten days before the loss of working connections child care benefits; and
(d) To provide parents with a document that explains in detail and in easily understood language what services they are eligible for, how they can appeal an adverse decision, and the parents' responsibilities in obtaining and maintaining eligibility for working connections child care.
[
2018 c 52 s 4
;
2013 c 337 s 1
. Formerly RCW 43.216.141, 43.215.136
.]
NOTES:
Effective date
—
Intent
—
Finding
—
2018 c 52:
See notes following RCW 43.216.909
.
RCW 43.216.827
Prospective payments.
(1) The department shall adopt a rule that requires prospective payment to child care providers who accept child care subsidies to occur when child care is expected to begin.
(2) The department shall adopt a rule that prohibits child care providers who accept child care subsidies from claiming a prospective payment when a child has not attended at least one day within the authorization period in the previous month.
[
2025 c 412 s 13
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.