RCW 43.216.005
Findings.
(1) The legislature finds that state services are not currently organized and delivered in a way that achieves the optimal outcomes for children, youth, and families. The legislature believes that, to improve service delivery and outcomes, existing services must be restructured into a comprehensive agency dedicated to the safety, development, and well-being of children that emphasizes prevention, early childhood development, and early intervention, and supporting parents to be their children's first and most important teachers.
(2) The legislature finds that:
(a) The early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development;
(b) A successful outcome for every child obtaining a K-12 education depends on children being prepared from birth for academic and social success in school. For children at risk of school failure, the opportunity gap often emerges as early as eighteen months of age;
(c) A more cohesive and integrated early learning system has been established that provides a solid foundation for further improvements in the quality and availability of early learning programs; and
(d) Increasing the availability of high quality services for children ages birth to three and their parents or caregivers will result in improved school and life outcomes.
(3) Research is clear that quality culturally and linguistically responsive early care and education builds the foundation for a child's success in school and in life. In restructuring early learning and child welfare services, the legislature seeks to build on the success of Washington's early learning efforts to assure children most at risk of experiencing adversity are provided high quality early learning experiences.
(4) The legislature finds that advancements in research and science have identified indicators of risk, how they impact healthy development, and the critical importance of stable, nurturing relationships, particularly in the early years. Services for families and children should be prioritized for those who are most at risk of neglect, physical harm, and other adverse factors.
(5) The legislature finds that a focus on adolescent development is needed to ensure that effective supports and interventions are targeted to support adolescents successfully transitioning to adulthood. Youth known to both the child welfare and juvenile justice systems often suffer from childhood trauma, have multisystem involvement, and experience homelessness. Increased integration of the child welfare and juvenile justice systems can increase opportunities for prevention and improve outcomes for youth in both systems.
(6) The legislature finds that children and youth of color are disproportionately impacted at every point in the child welfare and juvenile justice systems. The department of children, youth, and families must prioritize addressing equity, disproportionality, and disparity in service delivery and outcomes, and provide transparent, frequent reporting of outcomes by race, ethnicity, and geography. The legislature finds that the state values the partnership with tribes in providing services for our children and youth and intends to honor the government-to-government relationship between the state and tribes.
(7) The department of children, youth, and families must be anchored in a culture of innovation, transparency, accountability, rigorous data analysis, and reliance on research and evidence-based interventions.
(8) The legislature finds that the public expects an effective service delivery system that is comprehensive, accountable, and goes beyond a single department's role. For this reason, the legislature is creating a mechanism in the department of children, youth, and families to align, integrate, and ensure accountability of state services for children, youth, and their families across state agencies so that there is a seamless, effective, prevention and early intervention-based service system regardless of which state agency is responsible for particular services.
(9) The legislature finds that the work of the department of children, youth, and families will only be as successful as the workforce—both the agency employees and community-based providers. Increased support for the professionals working with children, youth, and families is critical to improving outcomes.
(10) The legislature further finds that other states have successfully established integrated departments dedicated to serving children, youth, and families. These departments have improved the visibility of child and family issues, increased authority and accountability, enabled system improvements, and created a stronger focus on improving child outcomes.
[
2017 3rd sp.s. c 6 s 1
.]
RCW 43.216.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
(a) "Child day care center" and "child care center" mean an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours;
(b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
(c) "Family day care provider" and "family home provider" mean a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home in the family living quarters except as provided in RCW 43.216.692
and subsection (2)(m) of this section;
(d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of $5,000,000 in contributions;
(e) "Outdoor nature-based child care" means an agency or an agency-offered program that:
(i) Enrolls preschool or school-age children;
(ii) Provides early learning services to the enrolled children in an outdoor natural space approved by the department for not less than four hours per day or fifty percent of the daily program hours, whichever is less; and
(iii) Teaches a nature-based curriculum to enrolled children;
(f) "Service provider" means the entity that operates a community facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than 24 hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one another's children;
(e) Nursery schools that are engaged primarily in early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, and accept only school age children;
(g) Seasonal camps. For purposes of this chapter, "seasonal camp" means a program that:
(i) Operates for three months or less within a period of twelve consecutive months;
(ii) Is engaged primarily in recreational or educational activities conducted on a closely supervised basis; and
(iii) Is owned by any person, organization, association, or corporation, or is operated by a federal, state, county, or municipal government;
(h) Facilities providing child care for periods of less than 24 hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility;
(i) Any entity that provides recreational or educational programming for school age children only and the entity meets all of the following requirements:
(i) The entity utilizes a drop-in model for programming, where children are able to attend during any or all program hours without a formal reservation;
(ii) The entity does not assume responsibility in lieu of the parent, unless for coordinated transportation;
(iii) The entity is a local affiliate of a national nonprofit; and
(iv) The entity is in compliance with all safety and quality standards set by the associated national agency;
(j) A program operated by any unit of local, state, or federal government;
(k) A program located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;
(l) A program located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter;
(m) A family home provider located in the surrounding metropolitan area of a federal military reservation and is overseen and currently certified by a federal military service; or
(n) A program that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis.
(3) "Applicant" means a person who requests or seeks employment in an agency.
(4) "Certificate of parental improvement" means a certificate issued under RCW 74.13.720
to an individual who has a founded finding of physical abuse or negligent treatment or maltreatment, or a court finding that the individual's child was dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030
(6)(b).
(5) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant.
(6) "Department" means the department of children, youth, and families.
(7) "Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation.
(8) "Early childhood education and assistance program contractor" means an organization that provides early childhood education and assistance program services under a signed contract with the department.
(9) "Early childhood education and assistance program provider" means an organization that provides site level, direct, and high quality early childhood education and assistance program services under the direction of an early childhood education and assistance program contractor.
(10) "Education data center" means the education data center established in RCW 43.41.400, commonly referred to as the education research and data center.
(11) "Employer" means a person or business that engages the services of one or more people, especially for wages or salary to work in an agency.
(12) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.216.325
(1) or assessment of civil monetary penalties pursuant to RCW 43.216.325
(3).
(13) "Extended day program" means an early childhood education and assistance program that offers early learning education for at least 10 hours per day, a minimum of 2,000 hours per year, at least four days per week, and operates year-round.
(14) "Family resource and referral linkage system" means a system that connects families to resources, services, and programs for which families are eligible and uses a database that is developed and maintained in partnership with communities, health care providers, and early learning providers.
(15) "Family resource center" means a unified single point of entry where families, individuals, children, and youth in communities can obtain information, an assessment of needs, referral to, or direct delivery of family services in a manner that is welcoming and strength-based.
(a) A family resource center is designed to meet the needs, cultures, and interests of the communities that the family resource center serves.
(b) Family services may be delivered directly to a family at the family resource center by family resource center staff or by providers who contract with or have provider agreements with the family resource center. Any family resource center that provides family services shall comply with applicable state and federal laws and regulations regarding the delivery of such family services, unless required waivers or exemptions have been granted by the appropriate governing body.
(c) Each family resource center shall have one or more family advocates who screen and assess a family's needs and strengths. If requested by the family, the family advocate shall assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working towards a greater level of self-reliance or in attaining self-sufficiency.
(16) "Full day program" means an early childhood education and assistance program that offers early learning education for a minimum of 1,000 hours per year.
(17) "Inspection report" means a written or digital record or report created by the department that identifies or describes licensing violations or conditions within an agency. An inspection report does not include a child care facility licensing compliance agreement as defined in RCW 43.216.395
.
(18) "Low-income child care provider" means a person who administers a child care program that consists of at least 80 percent of children receiving working connections child care subsidy.
(19) "Low-income neighborhood" means a district or community where more than 20 percent of households are below the federal poverty level.
(20) "Negative action" means a court order, court judgment, or an adverse action taken by an agency, in any state, federal, tribal, or foreign jurisdiction, which results in a finding against the applicant reasonably related to the individual's character, suitability, and competence to care for or have unsupervised access to children in child care. This may include, but is not limited to:
(a) A decision issued by an administrative law judge;
(b) A final determination, decision, or finding made by an agency following an investigation;
(c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action;
(d) A revocation, denial, or restriction placed on any professional license; or
(e) A final decision of a disciplinary board.
(21) "Nonconviction information" means arrest, founded allegations of child abuse, or neglect pursuant to chapter
26.44
RCW, or other negative action adverse to the applicant.
(22) "Nonschool age child" means a child who is age six years or younger and who is not enrolled in a public or private school.
(23) "Part day program" means an early childhood education and assistance program that offers early learning education for at least two and one-half hours per class session, at least 320 hours per year, for a minimum of 30 weeks per year.
(24) "Private school" means a private school approved by the state under chapter
28A.195
RCW.
(25) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.
(26) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.
(27) "School age child" means a child who is five years of age through 12 years of age and is attending a public or private school or is receiving home-based instruction under chapter
28A.200
RCW.
(28) "Secretary" means the secretary of the department.
(29) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program.
[
2025 c 181 s 1
. Prior:
2021 c 304 s 2
;
2021 c 199 s 501
;
2021 c 39 s 4
; prior:
2020 c 270 s 11
;
2017 3rd sp.s. c 6 s 201
; prior:
2016 c 231 s 1
;
2016 c 169 s 3
;
2015 3rd sp.s. c 7 s 19
; prior:
2013 c 323 s 3
;
2013 c 130 s 1
; prior:
2011 c 295 s 3
;
2011 c 78 s 1
; prior:
2007 c 415 s 2
;
2007 c 394 s 2
;
2006 c 265 s 102
. Formerly RCW 43.215.010
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Intent
—
Findings
—
2021 c 39:
See note following RCW 74.14C.010
.
Effective date
—
2020 c 270:
See note following RCW 74.13.720
.
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
.
Finding
—
Intent
—
2016 c 169:
See note following RCW 43.216.735
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Finding
—
Declaration
—
2007 c 394:
"The legislature finds that education is the single most effective investment that can be made in children, the state, the economy, and the future. A well-educated citizenry is essential both for the preservation of democracy and for enhancing the state's ability to compete in the knowledge-based global economy.
As recommended by Washington learns, the legislature declares that the overarching goal for education in the state is to have a world-class, learner-focused, seamless education system that educates more Washingtonians to the highest levels of educational attainment." [
2007 c 394 s 1
.]
Captions not law
—
2007 c 394:
"Captions used in this act are not any part of the law." [
2007 c 394 s 8
.]
RCW 43.216.015
Department of children, youth, and families
—
Created
—
Duties
—
Agency performance data
—
Oversight board for children, youth, and families
—
Powers and restrictions
—
Stakeholder meetings.
(1)(a) The department of children, youth, and families is created as an executive branch agency. The department is vested with all powers and duties transferred to it under chapter 6, Laws of 2017 3rd sp. sess. and such other powers and duties as may be authorized by law. The vision for the department is that Washington state's children and youth grow up safe and healthy
—
thriving physically, emotionally, and academically, nurtured by family and community.
(b) The department, in partnership with state and local agencies, tribes, and communities, shall protect children and youth from harm and promote healthy development with effective, high quality prevention, intervention, and early education services delivered in an equitable manner. An important role for the department shall be to provide preventative services to help secure and preserve families in crisis. The department shall partner with the federally recognized Indian tribes to develop effective services for youth and families while respecting the sovereignty of those tribes and the government-to-government relationship. Nothing in chapter 6, Laws of 2017 3rd sp. sess. alters the duties, requirements, and policies of the federal Indian child welfare act, 25 U.S.C. Secs. 1901 through 1963, as amended, or the Indian child welfare act, chapter
13.38
RCW.
(2) Beginning July 1, 2018, the department must develop definitions for, work plans to address, and metrics to measure the outcomes for children, youth, and families served by the department and must work with state agencies to ensure services for children, youth, and families are science-based, outcome-driven, data-informed, and collaborative.
(3)(a) Beginning July 1, 2018, the department must establish short and long-term population level outcome measure goals, including metrics regarding reducing disparities by family income, race, and ethnicity in each outcome.
(b) In addition to transparent, frequent reporting of the outcome measures in (c)(i) through (viii) of this subsection, the department must report to the legislature an examination of engagement, resource utilization, and outcomes for clients receiving department services and youth participating in juvenile court alternative programs funded by the department, no less than annually and beginning September 1, 2020. The data in this report must be disaggregated by race, ethnicity, and geography. This report must identify areas of focus to advance equity that will inform department strategies so that all children, youth, and families are thriving. Metrics detailing progress towards eliminating disparities and disproportionality over time must also be included. The report must also include information on department outcome measures, actions taken, progress toward these goals, and plans for the future year.
(c) The outcome measures must include, but are not limited to:
(i) Improving child development and school readiness through voluntary, high quality early learning opportunities as measured by: (A) Increasing the number and proportion of children kindergarten-ready as measured by the Washington kindergarten inventory of developing skills (WAKids) assessment including mathematics; (B) increasing the proportion of children in early learning programs that have achieved the level 3 or higher early achievers quality standard; and (C) increasing the available supply of licensed child care in child care centers, outdoor nature-based child care, and family homes, including providers not receiving state subsidy;
(ii) Preventing child abuse and neglect;
(iii) Improving child and youth safety, permanency, and well-being as measured by: (A) Reducing the number of children entering out-of-home care; (B) reducing a child's length of stay in out-of-home care; (C) reducing maltreatment of youth while in out-of-home care; (D) licensing more foster homes than there are children in foster care; (E) reducing the number of children that reenter out-of-home care within twelve months; (F) increasing the stability of placements for children in out-of-home care; and (G) developing strategies to demonstrate to foster families that their service and involvement is highly valued by the department, as demonstrated by the development of strategies to consult with foster families regarding future placement of a foster child currently placed with a foster family;
(iv) Improving reconciliation of children and youth with their families as measured by: (A) Increasing family reunification; and (B) increasing the number of youth who are reunified with their family of origin;
(v) In collaboration with county juvenile justice programs, improving adolescent outcomes including reducing multisystem involvement and homelessness; and increasing school graduation rates and successful transitions to adulthood for youth involved in the child welfare and juvenile justice systems;
(vi) Reducing future demand for mental health and substance use disorder treatment for youth involved in the child welfare and juvenile justice systems;
(vii) In collaboration with county juvenile justice programs, reducing criminal justice involvement and recidivism as measured by: (A) An increase in the number of youth who successfully complete the terms of diversion or alternative sentencing options; (B) a decrease in the number of youth who commit subsequent crimes; and (C) eliminating the discharge of youth from institutional settings into homelessness; and
(viii) Eliminating racial and ethnic disproportionality and disparities in system involvement and across child and youth outcomes in collaboration with other state agencies.
(4) Beginning July 1, 2018, the department must:
(a) Lead ongoing collaborative work to minimize or eliminate systemic barriers to effective, integrated services in collaboration with state agencies serving children, youth, and families;
(b) Identify necessary improvements and updates to statutes relevant to their responsibilities and proposing legislative changes to the governor no less than biennially;
(c) Help create a data-focused environment in which there are aligned outcomes and shared accountability for achieving those outcomes, with shared, real-time data that is accessible to authorized persons interacting with the family, child, or youth to identify what is needed and which services would be effective;
(d) Lead the provision of state services to adolescents, focusing on key transition points for youth, including exiting foster care and institutions, and coordinating with the office of homeless youth prevention and protection programs to address the unique needs of homeless youth; and
(e) Create and annually update a list of the rights and responsibilities of foster parents in partnership with foster parent representatives. The list of foster parent rights and responsibilities must be posted on the department's website, provided to individuals participating in a foster parent orientation before licensure, provided to foster parents in writing at the time of licensure, and provided to foster parents applying for license renewal.
(5) The department is accountable to the public. To ensure transparency, beginning December 30, 2018, agency performance data for the services provided by the department, including outcome data for contracted services, must be available to the public, consistent with confidentiality laws, federal protections, and individual rights to privacy. Publicly available data must include budget and funding decisions, performance-based contracting data, including data for contracted services, and performance data on metrics identified in this section. The board must work with the secretary and director to develop the most effective and cost-efficient ways to make department data available to the public, including making this data readily available on the department's website.
(6) The department shall ensure that all new and renewed contracts for services are performance-based.
(7) The department must execute all new and renewed contracts for services in accordance with this section and consistent with RCW 74.13B.020
. When contracted services are managed through a network administrator or other third party, the department must execute data-sharing agreements with the entities managing the contracts to track provider performance measures. Contracts with network administrators or other third parties must provide the contract administrator the ability to shift resources from one provider to another, to evaluate individual provider performance, to add or delete services in consultation with the department, and to reinvest savings from increased efficiencies into new or improved services in their catchment area. Whenever possible, contractor performance data must be made available to the public, consistent with confidentiality laws and individual rights to privacy.
(8)(a) The board shall begin its work and call the first meeting of the board on or after July 1, 2018. The board shall immediately assume the duties of the legislative children's oversight committee, as provided for in RCW 74.13.570
and assume the full functions of the board as provided for in this section by July 1, 2019. The office of innovation, alignment, and accountability shall provide quarterly updates regarding the implementation of the department to the board between July 1, 2018, and July 1, 2019.
(b) The office of the family and children's ombuds shall establish the board. The board is authorized for the purpose of monitoring and ensuring that the department achieves the stated outcomes of chapter 6, Laws of 2017 3rd sp. sess., and complies with administrative acts, relevant statutes, rules, and policies pertaining to early learning, juvenile rehabilitation, juvenile justice, and children and family services.
(9)(a) The board shall consist of the following members:
(i) Two senators and two representatives from the legislature with one member from each major caucus;
(ii) One nonvoting representative from the governor's office;
(iii) One subject matter expert in early learning;
(iv) One subject matter expert in child welfare;
(v) One subject matter expert in juvenile rehabilitation and justice;
(vi) One subject matter expert in eliminating disparities in child outcomes by family income and race and ethnicity;
(vii) One tribal representative from west of the crest of the Cascade mountains;
(viii) One tribal representative from east of the crest of the Cascade mountains;
(ix) One current or former foster parent representative;
(x) One representative of an organization that advocates for the best interest of the child;
(xi) One parent stakeholder group representative;
(xii) One law enforcement representative;
(xiii) One child welfare caseworker representative;
(xiv) One early childhood learning program implementation practitioner;
(xv) One current or former foster youth under age twenty-five;
(xvi) One individual under age twenty-five with current or previous experience with the juvenile justice system;
(xvii) One physician with experience working with children or youth; and
(xviii) One judicial representative presiding over child welfare court proceedings or other children's matters.
(b) The senate members of the board shall be appointed by the leaders of the two major caucuses of the senate. The house of representatives members of the board shall be appointed by the leaders of the two major caucuses of the house of representatives. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.
(c) The remaining board members shall be nominated by the governor, subject to the approval of the appointed legislators by majority vote, and serve four-year terms. When nominating and approving members after July 28, 2019, the governor and appointed legislators must ensure that at least five of the board members reside east of the crest of the Cascade mountains.
(10) The board has the following powers, which may be exercised by majority vote of the board:
(a) To receive reports of the office of the family and children's ombuds;
(b) To obtain access to all relevant records in the possession of the office of the family and children's ombuds, except as prohibited by law;
(c) To select its officers and adoption of rules for orderly procedure;
(d) To request investigations by the office of the family and children's ombuds of administrative acts;
(e) To request and receive information, outcome data, documents, materials, and records from the department relating to children and family welfare, juvenile rehabilitation, juvenile justice, and early learning;
(f) To determine whether the department is achieving the performance measures;
(g) If final review is requested by a licensee, to review whether department licensors appropriately and consistently applied agency rules in inspection reports that do not involve a violation of health and safety standards as defined in RCW 43.216.395
in cases that have already been reviewed by the internal review process described in RCW 43.216.395
with the authority to overturn, change, or uphold such decisions;
(h) To conduct annual reviews of a sample of department contracts for services from a variety of program and service areas to ensure that those contracts are performance-based and to assess the measures included in each contract; and
(i) Upon receipt of records or data from the office of the family and children's ombuds or the department, the board is subject to the same confidentiality restrictions as the office of the family and children's ombuds is under RCW 43.06A.050
. The provisions of RCW 43.06A.060
also apply to the board.
(11) The board has general oversight over the performance and policies of the department and shall provide advice and input to the department and the governor.
(12) The board must no less than twice per year convene stakeholder meetings to allow feedback to the board regarding contracting with the department, departmental use of local, state, private, and federal funds, and other matters as relating to carrying out the duties of the department.
(13) The board shall review existing surveys of providers, customers, parent groups, and external services to assess whether the department is effectively delivering services, and shall conduct additional surveys as needed to assess whether the department is effectively delivering services.
(14) The board is subject to the open public meetings act, chapter
42.30
RCW, except to the extent disclosure of records or information is otherwise confidential under state or federal law.
(15) Records or information received by the board is confidential to the extent permitted by state or federal law. This subsection does not create an exception for records covered by RCW 13.50.100
.
(16) Unless specified otherwise, board members shall receive no compensation for their service on the board, but shall be reimbursed for travel expenses incurred while conducting business of the board when authorized by the board and within resources allocated for this purpose. Appointed legislators shall be reimbursed for travel expenses in accordance with RCW 43.03.050
and
43.03.060
. Board members with direct lived experience may receive compensation as provided in RCW 43.03.220
and
43.03.270
and are entitled to be reimbursed for travel expenses as provided in 43.03.050 and
43.03.060
.
(17) The board shall select, by majority vote, an executive director who shall be the chief administrative officer of the board and shall be responsible for carrying out the policies adopted by the board. The executive director is exempt from the provisions of the state civil service law, chapter
41.06
RCW, and shall serve at the pleasure of the board established in this section.
(18) The board shall maintain a staff not to exceed one full-time equivalent employee. The board-selected executive director of the board is responsible for coordinating staff appointments.
(19) The board shall issue an annual report to the governor and legislature by December 1st of each year with an initial report delivered by December 1, 2019. The report must review the department's progress towards meeting stated performance measures and desired performance outcomes, and must also include a review of the department's strategic plan, policies, and rules.
(20) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Board" means the oversight board for children, youth, and families established in subsection (8) of this section.
(b) "Direct lived experience" has the same meaning as provided in RCW 43.03.220
.
(c) "Director" means the director of the office of innovation, alignment, and accountability.
(d) "Performance-based contract" means results-oriented contracting that focuses on the quality or outcomes that tie at least a portion of the contractor's payment, contract extensions, or contract renewals to the achievement of specific measurable performance standards and requirements.
[
2025 c 179 s 1
;
2021 c 304 s 4
; (2021 c 304 s 3 expired December 31, 2021). Prior:
2020 c 262 s 1
; (2020 c 90 s 9 expired December 31, 2021);
2019 c 429 s 1
; prior:
2018 c 58 s 76
;
2018 c 51 s 1
;
2017 3rd sp.s. c 6 s 101
.]
NOTES:
Effective date
—
2021 c 304 s 4:
"Section 4 of this act takes effect December 31, 2021." [
2021 c 304 s 32
.]
Expiration date
—
2021 c 304 s 3:
"Section 3 of this act expires December 31, 2021." [
2021 c 304 s 31
.]
Expiration date
—
2020 c 90 ss 8 and 9:
"Sections 8 and 9 of this act expire December 31, 2021." [
2020 c 90 s 11
.]
Effective date
—
2020 c 90:
See note following RCW 43.216.580
.
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Effective date
—
2017 3rd sp.s. c 6 ss 101 and 103:
"Sections 101 and 103 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 immediately [July 6, 2017]." [
2017 3rd sp.s. c 6 s 824
.]
RCW 43.216.020
Department duties.
(1) The department shall implement state early learning policy and coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following:
(a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs;
(b) To make early learning resources available to parents and caregivers;
(c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private-public partnership;
(d) To administer child care and early learning programs;
(e) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide such care;
(f) To apply data already collected comparing the following factors and make recommendations to the legislature in a time frame which corresponds to the child care and development fund federal reporting requirements, regarding working connections subsidy and state-funded preschool rates and compensation models that would attract and retain high quality early learning professionals:
(i) State-funded early learning subsidy rates and market rates of licensed early learning homes, centers, and outdoor nature-based child care;
(ii) Compensation of early learning educators in licensed centers, homes, and outdoor nature-based child care, and early learning teachers at state higher education institutions;
(iii) State-funded preschool program compensation rates and Washington state head start program compensation rates; and
(iv) State-funded preschool program compensation to compensation in similar comprehensive programs in other states;
(g) To administer the early support for infants and toddlers program in RCW 43.216.580, serve as the state lead agency for Part C of the federal individuals with disabilities education act (IDEA), and develop and adopt rules that establish minimum requirements for the services offered through Part C programs, including allowable allocations and expenditures for transition into Part B of the federal individuals with disabilities education act (IDEA);
(h) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion;
(i) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its goals including providing data and support necessary for the successful work of the partnership;
(j) To work cooperatively and in coordination with the early learning council;
(k) To collaborate with the K-12 school system at the state and local levels to ensure appropriate connections and smooth transitions between early learning and K-12 programs;
(l) To develop and adopt rules for administration of the program of early learning established in RCW 43.216.555
;
(m) To develop a comprehensive birth-to-three plan to provide education and support through a continuum of options including, but not limited to, services such as: Home visiting; quality incentives for infant and toddler child care subsidies; quality improvements for family home and center-based child care programs serving infants and toddlers; professional development; early literacy programs; and informal supports for family, friend, and neighbor caregivers; and
(n) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information and provider comments through the internet and other means.
(2) When additional funds are appropriated for the specific purpose of home visiting and parent and caregiver support, the department must reserve at least eighty percent for home visiting services to be deposited into the home visiting services account and up to twenty percent of the new funds for other parent or caregiver support.
(3) Home visiting services must include programs that serve families involved in the child welfare system.
(4) The department's programs shall be designed in a way that respects and preserves the ability of parents and legal guardians to direct the education, development, and upbringing of their children, and that recognizes and honors cultural and linguistic diversity. The department shall include parents and legal guardians in the development of policies and program decisions affecting their children.
[
2021 c 304 s 5
. Prior:
2020 c 262 s 5
;
2020 c 90 s 4
;
2017 3rd sp.s. c 6 s 202
;
2016 c 57 s 5
;
2013 c 323 s 5
; prior:
2010 c 233 s 1
;
2010 c 232 s 2
; 2010 c 231 s6;
2007 c 394 s 5
;
2006 c 265 s 103
. Formerly RCW 43.215.020
.]
NOTES:
Effective date
—
2020 c 90:
See note following RCW 43.216.580
.
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
—
2010 c 233:
"This act takes effect July 1, 2010." [
2010 c 233 s 4
.]
Finding
—
Declaration
—
Captions not law
—
2007 c 394:
See notes following RCW 43.216.010
.
RCW 43.216.021
Opioid overdose reversal medication and training.
The department shall provide opioid overdose reversal medication and training in the use of such medication to all department staff whose job duties require in-person service or case management for child welfare or juvenile rehabilitation clients.
[
2023 sp.s. c 1 s 21
.]
RCW 43.216.022
Annual quality assurance report.
The department shall prepare an annual quality assurance report that must, at minimum, include: (1) Performance outcomes regarding health and safety of children in the children's services system; (2) children's length of stay in out-of-home placement from each date of referral; (3) adherence to permanency planning timelines; and (4) the response time on child protective services investigations differentiated by risk level determined at intake.
[
2019 c 470 s 11
.]
RCW 43.216.025
Secretary
—
Appointment
—
Salary.
(1) The executive head and appointing authority of the department is the secretary. The secretary shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The secretary shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040
. If a vacancy occurs in the position of secretary while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate when the governor's nomination for the office of secretary shall be presented.
(2) The secretary may employ staff members, who shall be exempt from chapter
41.06
RCW, and any additional staff members as are necessary to administer this chapter and such other duties as may be authorized by law. The employment of such additional staff shall be in accordance with chapter
41.06
RCW, except as otherwise provided. The secretary may delegate any power or duty vested in him or her by chapter 6, Laws of 2017 3rd sp. sess. or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter
34.05
RCW.
(3) The internal affairs of the department are under the control of the secretary in order that the secretary may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the secretary has the complete charge and supervisory powers over the department. The secretary may create the administrative structures in consultation with the office of innovation, alignment, and accountability established in RCW 43.216.035, except as otherwise specified in law, and the secretary may employ personnel as may be necessary in accordance with chapter
41.06
RCW, except as otherwise provided by law.
[
2017 3rd sp.s. c 6 s 102
;
2006 c 265 s 104
. Formerly RCW 43.215.030
.]
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:
"Sections 102, 104 through 115, 201 through 227, 301 through 337, 401 through 419, 501 through 513, and 801 through 803 and 805 through 822 of this act take effect July 1, 2018." [
2017 3rd sp.s. c 6 s 825
.]
RCW 43.216.030
Secretary's authority.
(1) The secretary or the secretary's designee has the full authority to administer oaths and take testimony, to issue subpoenas requiring the attendance of witnesses before him or her together with all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by those witnesses of all facts known to them relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings are governed by RCW 34.05.588
(1).
(3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions are governed by RCW 34.05.588
(2).
(4) When a judicially approved subpoena is required by law, the secretary or the secretary's designee may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or in the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(5) When an application under subsection (4) of this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. When a judicially approved subpoena is required by law, an order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(6) The secretary or the secretary's designee may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012
(3).
[
2017 3rd sp.s. c 6 s 106
.]
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 43.216.035
Office of innovation, alignment, and accountability
—
Duties and focus.
(1) Beginning July 1, 2018, the office of innovation, alignment, and accountability shall have a director, appointed by the secretary, who shall set the agenda and oversee the office, who reports to the secretary. The secretary shall ensure that the leadership and staff of the office do not have responsibility for service delivery but are wholly dedicated to directing and implementing the innovation, alignment, integration, collaboration, systemic reform work, and building external partnerships for which the office is responsible.
(2) The primary duties and focus of the office are on continuous improvement and includes the functions in this subsection:
(a) To review and recommend implementation of advancements in research;
(b) To work with other state government agencies and tribal governments to align and measure outcomes across state agencies and state-funded agencies serving children, youth, and families including, but not limited to, the use of evidence-based and research-based practices and contracting;
(c) To work with other state government agencies, tribal governments, partner agencies, and state-funded organizations on the use of data-driven, research-based interventions that effectively intervene in the lives of at-risk young people and align systems that serve children, youth, and their families;
(d) To develop approaches for integrated real-time data sharing, aligned outcomes, and collective accountability across state government agencies to the public;
(e) To conduct quality assurance and evaluation of programs and services within the department;
(f) To lead partnerships with the community, research and teaching institutions, philanthropic organizations, and nonprofit organizations;
(g) To lead collaboration with courts, tribal courts and tribal attorneys, attorneys, court-appointed special advocates, and guardians ad litem to align and integrate the work of the department with those involved in decision making in child welfare and juvenile justice cases;
(h) To produce, in collaboration with key stakeholders, an annual work plan that includes priorities for ongoing policy, practice, and system reform, tracking, and reporting out on the performance of department reforms;
(i) To appoint members of an external stakeholder committee who value racial and ethnic diversity and that includes representatives from a philanthropic organization, research entity representatives, representatives from the business community, one or more parent representatives, youth representatives, tribal representatives, representatives from communities of color, foster parent representatives, representatives from an organization that advocates for the best interest of the child, and community-based providers, who will advise the office on priorities for practice, policy, and system reform and on effective management policies, development of appropriate organizational culture, external partnerships, knowledge of best practices, and leveraging additional resources to carry out the duties of the department;
(j) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes recommendations regarding whether the juvenile rehabilitation division of the department of social and health services should be integrated into the department of children, youth, and families, and if so, what the appropriate timing and process is for integration of the juvenile rehabilitation division into the department of children, youth, and families;
(k) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes:
(i) A review of the current process for addressing foster parent complaints and concerns through the department and through the office of the family and children's ombuds established in chapter
43.06A
RCW that includes an examination of any deficiencies of the current system; and
(ii) Recommendations for expanding, modifying, and enhancing the current system for addressing individual foster parent complaints to improve child welfare, the experience of foster parents, and the overall functioning of the child welfare system; and
(l) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes recommendations regarding whether the office of homeless youth prevention and protection programs in the department of commerce should be integrated into the department, and the process for that integration if recommended.
[
2017 3rd sp.s. c 6 s 104
.]
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 43.216.040
Family services and programs
—
Administration.
The secretary shall administer family services and programs to promote the state's policy as provided in RCW 74.14A.025
.
[
2017 3rd sp.s. c 6 s 107
.]
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 43.216.045
Advisory committees or councils
—
Travel expenses.
The secretary may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The secretary may also appoint statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the secretary may determine.
Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050
and
43.03.060
.
[
2018 c 58 s 43
;
2006 c 265 s 106
. Formerly RCW 43.215.050
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.050
Evaluation and research materials and data on private nonprofit group homes
—
Availability.
The secretary shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.
[
2017 3rd sp.s. c 6 s 108
.]
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 43.216.055
Federal and state cooperation
—
Rules
—
Construction.
In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department.
[
2006 c 265 s 107
. Formerly RCW 43.215.060
.]
RCW 43.216.060
Policies to support children of incarcerated parents.
(1)(a) The secretary shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive assistance who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated.
(b) The secretary shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, while reducing intergenerational incarceration.
(2) The secretary shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
(a) Gather information and data on the recipients of assistance who are the children and families of inmates incarcerated in department of corrections facilities; and
(b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
[
2017 3rd sp.s. c 6 s 203
;
2007 c 384 s 4
. Formerly RCW 43.215.065
.]
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
.
Intent
—
Finding
—
2007 c 384:
See note following RCW 72.09.495
.
RCW 43.216.065
Private-public partnership
—
Secretary's duties.
(1) In addition to other duties under this chapter, the secretary shall actively participate in a nongovernmental private-public partnership focused on supporting government's investments in early learning and ensuring that every child in the state is prepared to succeed in school and in life. Except for licensing as required by Washington state law and to the extent permitted by federal law, the secretary shall grant waivers from the rules of state agencies for the operation of early learning programs requested by the nongovernmental private-public partnership to allow for flexibility to pursue market-based approaches to achieving the best outcomes for children and families.
(2) In addition to other powers granted to the secretary, the secretary may:
(a) Enter into contracts on behalf of the department to carry out the purposes of this chapter;
(b) Accept gifts, grants, or other funds for the purposes of this chapter; and
(c) Adopt, in accordance with chapter
34.05
RCW, rules necessary to implement this chapter, including rules governing child day care and early learning programs under this chapter. This section does not expand the rule-making authority of the secretary beyond that necessary to implement and administer programs and services existing July 1, 2006, as transferred to the department of early learning under section 501, chapter 265, Laws of 2006. The rule-making authority does not include any authority to set mandatory curriculum or establish what must be taught in child day care centers or by family day care providers.
[
2018 c 58 s 13
;
2017 3rd sp.s. c 6 s 204
;
2006 c 265 s 108
. Formerly RCW 43.215.070
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
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 43.216.070
Reports to the governor and legislature.
Two years after the implementation of the department's early learning program, and every two years thereafter by July 1st, the department shall submit to the governor and the legislature a report measuring the effectiveness of its programs in improving early childhood education. The first report shall include program objectives and identified valid performance measures for evaluating progress toward achieving the objectives, as well as a plan for commissioning a longitudinal study comparing the kindergarten readiness of children participating in the department's programs with the readiness of other children, using nationally accepted testing and assessment methods. Such comparison shall include, but not be limited to, achievement as children of both groups progress through the K-12 system and identify year-to-year changes in achievement, if any, in later years of elementary, middle school, and high school education.
[
2006 c 265 s 109
. Formerly RCW 43.215.080
.]
RCW 43.216.075
Early learning advisory council
—
Policy development and implementation
—
Early achievers review subcommittee.
(1) The early learning advisory council is established to advise the department on statewide early learning issues that contribute to the ongoing efforts of building a comprehensive system of quality early learning programs and services for Washington's young children and families.
(2) The council shall work in conjunction with the department to:
(a) Assist in policy development and implementation that promotes alignment of private and public sector actions, objectives, and resources, with the overall goal of promoting school readiness for all children;
(b) Provide recommendations annually to the governor and the legislature, beginning August 31, 2022, regarding the phased implementation of strategies and priorities identified in RCW 43.216.772
;
(c) Maintain a focus on racial equity and inclusion in order to dismantle systemic racism at its core and contribute to statewide efforts to break the cycle of intergenerational poverty;
(d) Maintain a focus on inclusionary practices for children with disabilities;
(e) Partner with nonprofit organizations to collect and analyze data and measure progress; and
(f) Assist the department in monitoring and ensuring that the investments funded by the fair start for kids account created in RCW 43.216.770
are designed to support the following objectives:
(i) Advance racial equity and strengthen families by recognizing and responding to the growing diversity of our state's population;
(ii) Promote access to affordable, high quality child care and early learning opportunities for all families, paying particular attention to the needs of rural and other underserved communities;
(iii) Promote kindergarten readiness by enhancing child development, including development of social-emotional skills, and eliminating exclusionary admissions practices and disproportionate removals in child care and early learning programs; and
(iv) Contribute to efforts to strengthen and grow our state's economy by supporting working parents as well as stabilizing and supporting the child care and early learning workforce.
(3) In collaboration with the council, the department shall consult with its advisory groups and other interested stakeholders and shall submit a biennial report to the governor and legislature describing how the investments funded by the fair start for kids act have impacted the policy objectives stated in subsection (2)(f) of this section. The first report under this section is due September 15, 2023. The council shall include diverse, statewide representation from public, nonprofit, and for-profit entities. Its membership shall include critical partners in service delivery and reflect regional, racial, and cultural diversity to adequately represent the interests of all children and families in the state.
(4) Councilmembers shall serve two-year terms. However, to stagger the terms of the council, the initial appointments for twelve of the members shall be for one year. Once the initial one-year to two-year terms expire, all subsequent terms shall be for two years, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously.
(5) The council shall consist of members essential to coordinating services statewide prenatal through age 12, as follows:
(a) In addition to being staffed and supported by the department, the governor shall appoint one representative from each of the following: The department of commerce and the department of health;
(b) One representative from the student achievement council, to be appointed by the student achievement council;
(c) The military spouse liaison created within the department of veterans affairs under RCW 43.60A.245
;
(d) One representative from the state board for community and technical colleges, to be appointed by the state board for community and technical colleges;
(e) One representative from the office of the superintendent of public instruction, to be appointed by the superintendent of public instruction;
(f) Two members of the house of representatives, one from each caucus, to be appointed by the speaker of the house of representatives and two members of the senate, one from each caucus, to be appointed by the majority leader in the senate and the minority leader in the senate;
(g) Two parents, one of whom serves on the department's parent advisory group, to be appointed by the parent advisory group;
(h) One representative of the private-public partnership created in RCW 43.216.065, to be appointed by the partnership board;
(i) One representative from the developmental disabilities community representing children and families involved in part C of the federal individuals with disabilities education act and one representative from the developmental disabilities community representing children and families involved in part B of the federal individuals with disabilities education act;
(j) Two representatives from early learning regional coalitions;
(k) Up to five representatives of underserved communities who have a special expertise or interest in high quality early learning, one to be appointed by each of the following commissions:
(i) The Washington state commission on Asian Pacific American affairs established under chapter
43.117
RCW;
(ii) The Washington state commission on African American affairs established under chapter
43.113
RCW;
(iii) The Washington state commission on Hispanic affairs established under chapter
43.115
RCW;
(iv) The Washington state women's commission established under chapter
43.119
RCW; and
(v) The Washington state office of equity established under chapter
43.06D
RCW;
(l) Two representatives designated by sovereign tribal governments, one of whom must be a representative of a tribal early childhood education assistance program or head start program;
(m) One representative from the Washington federation of independent schools;
(n) One representative from the Washington library association;
(o) One representative from a statewide advocacy coalition of organizations that focuses on early learning;
(p) One representative from an association representing statewide business interests, to be appointed by the association and one representative from a regional business coalition;
(q) One representative of an advocacy organization for immigrants and refugees;
(r) One representative of an organization advocating for expanded learning opportunities and school-age child care programs;
(s) One representative from the largest union representing child care providers;
(t) A representative of a head start, early head start, or migrant and seasonal head start program, to be appointed by the head start collaboration office;
(u) A representative of educational service districts, to be appointed by a statewide association of educational service district board members;
(v) A provider responsible for programs under section 619 of the federal individuals with disabilities education act, to be appointed by the superintendent of public instruction;
(w) A representative of the state agency responsible for part C of the federal individuals with disabilities education act, to be appointed by the department;
(x) A representative of the early childhood education and assistance program, to be appointed by an association representing early childhood education and assistance programs;
(y) A representative of licensed family home providers, to be appointed by the largest union representing child care providers;
(z) A representative of child care centers, to be appointed by an association representing child care centers;
(aa) A representative from the home visiting advisory committee established in RCW 43.216.130, to be appointed by the committee;
(bb) An infant or early childhood mental health expert, to be appointed by the Barnard center for infant and early childhood mental health at the University of Washington;
(cc) A family, friend, and neighbor caregiver, to be appointed by the largest union representing child care providers;
(dd) A representative from prenatal to three services;
(ee) A pediatrician, to be appointed by the state chapter of the American academy of pediatrics; and
(ff) A representative of the statewide child care resource and referral organization, to be appointed by the statewide child care resource and referral organization.
(6) The council shall be cochaired by two members, to be elected by the council for two-year terms and not more than one cochair may represent a state agency.
(7) At the direction of the cochairs, the council may convene advisory groups, such as a parent caucus, to evaluate specific issues and report related findings and recommendations to the full council.
(8) The council shall appoint two members and stakeholders with expertise in early learning to sit on the technical working group created in section 2, chapter 234, Laws of 2010.
(9) Each member of the council shall be compensated in accordance with RCW 43.03.240
and reimbursed for travel expenses incurred in carrying out the duties of the council in accordance with RCW 43.03.050
and
43.03.060
.
(10)(a) The council shall convene an early achievers review subcommittee to provide feedback and guidance on strategies to improve the quality of instruction and environment for early learning and provide input and recommendations on the implementation and refinement of the early achievers program. The subcommittee shall at a minimum provide feedback and guidance to the department and the council on the following:
(i) Adequacy of data collection procedures;
(ii) Coaching and technical assistance standards;
(iii) Progress in reducing barriers to participation for low-income providers and providers from diverse cultural backgrounds, including a review of the early achievers program's rating tools, quality standard areas, and components, and how they are applied;
(iv) Strategies in response to data on the effectiveness of early achievers program standards in relation to providers and children from diverse cultural backgrounds;
(v) Status of the life circumstance exemption protocols;
(vi) Analysis of early achievers program data trends; and
(vii) Other relevant early learning data including progress in serving students with disabilities ages birth to five and least restrictive environment data.
(b) The subcommittee must include consideration of cultural linguistic responsiveness when analyzing the areas for review required by (a) of this subsection.
(c) The subcommittee shall include representatives from child care centers, family child care, the early childhood education and assistance program, contractors for early achievers program technical assistance and coaching, tribal governments, the organization responsible for conducting early achievers program ratings, and parents of children participating in early learning programs, including working connections child care and early childhood education and assistance programs. The subcommittee shall include representatives from diverse cultural and linguistic backgrounds.
(11)(a) The council shall convene a temporary licensing subcommittee to provide feedback and recommendations on improvement to the statewide licensing process.
(b) Members of the subcommittee must include two representatives of the department, two child care providers, and two parents of children in child care. One child care provider and one parent representative must reside east of the crest of the Cascade mountains and one child care provider and one parent representative must reside west of the crest of the Cascade mountains.
(c) The subcommittee shall:
(i) Examine strategies to increase the number of licensed child care providers in the state, including meeting with prospective licensees to explain the licensure requirements and inspect and provide feedback on the physical space that is contemplated for licensure;
(ii) Develop model policies for licensed child care providers to implement licensing standards including, but not limited to, completing the child care and early learning licensing guidebook, to be made available to support providers with compliance; and
(iii) Develop recommendations regarding incentives and financial supports to help prospective providers navigate the licensing process.
(d) The subcommittee shall provide feedback and recommendations to the department of children, youth, and families pursuant to this subsection (11) by December 1, 2022.
(12) The department shall provide staff support to the council.
[
2021 c 199 s 104
;
2020 c 262 s 4
;
2017 c 171 s 1
;
2015 3rd sp.s. c 7 s 16
;
2012 c 229 s 589
;
2011 c 177 s 2
. Prior:
2010 c 234 s 3
;
2010 c 12 s 1
;
2007 c 394 s 3
. Formerly RCW 43.215.090
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Finding
—
Purpose
—
2011 c 177:
"The legislature finds that to fully comply with requirements in section 642B of the federal head start act, 42 U.S.C. Sec. 9837b, regarding state advisory council membership, Washington must amend existing law to reflect necessary changes in early learning advisory council membership in accordance with the federal requirement.
Accordingly, the purpose of this act is to specify four of the governor's appointees as permanent members on the early learning advisory council to comply with state advisory council requirements as follows: The head start state collaboration office director or a designee; a representative of a head start, early head start, migrant/seasonal head start, or tribal head start program; a representative of a local education agency; and a representative of the state agency responsible for programs under section 619 or part C of the federal individuals with disabilities education act. This act also revises the categories of groups from which the governor may appoint additional representatives as members of the council." [
2011 c 177 s 1
.]
Intent
—
2010 c 234:
"The department of early learning, the superintendent of public instruction, and thrive by five's joint early learning recommendations to the governor, and the quality education council's January 2010 recommendations to the legislature both suggested that a voluntary program of early learning should be included within the overall program of basic education. The legislature intends to examine these recommendations and Attorney General Opinion Number 8 (2009) through the development of a working group to identify and recommend a comprehensive plan." [
2010 c 234 s 1
.]
Finding
—
Declaration
—
Captions not law
—
2007 c 394:
See notes following RCW 43.216.010
.
RCW 43.216.080
Integration with other entities.
(1) The foundation of quality in the early care and education system in Washington is the quality rating and improvement system entitled the early achievers program. In an effort to build on the existing quality framework, enhance access to quality care for children, and strengthen the entire early care and education systems in the state, it is important to integrate the efforts of state and local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations.
(2) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations are encouraged to collaborate with the department when establishing and strengthening early learning programs for residents.
(3) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations may contribute funds to the department for the following purposes:
(a) Initial investments to build capacity and quality in local early care and education programming;
(b) Reductions in copayments charged to parents or caregivers;
(c) To expand access and eligibility in the early childhood education and assistance program.
(4) Funds contributed to the department by local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations must be deposited in the early start account established in RCW 43.216.165
.
(5) Children enrolled in the early childhood education and assistance program with funds contributed in accordance with subsection (3)(c) of this section are not considered to be 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
.
[
2019 c 408 s 10
;
2017 c 178 s 2
;
2015 3rd sp.s. c 7 s 15
. Formerly RCW 43.215.099
.]
NOTES:
Findings
—
Intent
—
2019 c 408:
See note following RCW 43.216.512
.
Intent
—
2017 c 178:
"The legislature recognizes that local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations play an important role in strengthening the early care and education systems in the state. The legislature acknowledges that these entities may face barriers to investing in early care and education programs. The legislature intends to create a local pathway to high quality early learning to help these entities understand how they can use additional local and private funds with existing funds to expand access for existing programs. The legislature intends for this local pathway to reduce barriers and increase efficiency to provide more high quality early learning opportunities." [
2017 c 178 s 1
.]
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.085
Early achievers program
—
Quality rating and improvement system.
(1) The department, in collaboration with tribal governments and community and statewide partners, shall implement a quality rating and improvement system, called the early achievers program. The early achievers program provides a foundation of quality for the early care and education system. The early achievers program is applicable to licensed or certified child care centers, family home child care, outdoor nature-based child care, and early learning programs such as working connections child care and early childhood education and assistance programs.
(2) The objectives of the early achievers program are to:
(a) Improve short-term and long-term educational outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills in RCW 28A.655.080
;
(b) Give parents clear and easily accessible information about the quality of child care and early education programs;
(c) Support improvement in early learning and child care programs throughout the state;
(d) Increase the readiness of children for school;
(e) Close the disparities in access to quality care;
(f) Provide professional development and coaching opportunities to early child care and education providers; and
(g) Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings.
(3)(a) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, serving nonschool-age children and receiving state subsidy payments, must participate in the early achievers program by the required deadlines established in RCW 43.216.135
.
(b) Approved early childhood education and assistance program providers receiving state-funded support must participate in the early achievers program by the required deadlines established in RCW 43.216.515
.
(c) Participation in the early achievers program is voluntary for:
(i) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, not receiving state subsidy payments; and
(ii) Early learning programs not receiving state funds.
(d) School-age child care providers are exempt from participating in the early achievers program. By July 1, 2017, the department and the office of the superintendent of public instruction shall jointly design a plan to incorporate school-age child care providers into the early achievers program or other appropriate quality improvement system. To test implementation of the early achievers system for school-age child care providers the department and the office of the superintendent of public instruction shall implement a pilot program.
(4)(a) There are five primary levels in the early achievers program.
(b) In addition to the primary levels, the department must establish an intermediate level that is between level 3 and level 4 and serves to assist participants in transitioning to level 4.
(c) Participants are expected to actively engage and continually advance within the program.
(5) The department has the authority to determine the rating cycle for the early achievers program. The department shall streamline and eliminate duplication between early achievers standards and state child care rules in order to reduce costs associated with the early achievers rating cycle and child care licensing.
(a) Early achievers program participants may request to be rated at any time after the completion of all level 2 activities.
(b) The department shall provide an early achievers program participant an update on the participant's progress toward completing level 2 activities after the participant has been enrolled in the early achievers program for fifteen months.
(c) The first rating is free for early achievers program participants.
(d) Each subsequent rating within the established rating cycle is free for early achievers program participants.
(6)(a) Early achievers program participants may request to be rerated outside the established rating cycle. A rerating shall reset the rating cycle timeline for participants.
(b) The department may charge a fee for optional rerating requests made by program participants that are outside the established rating cycle.
(c) Fees charged are based on, but may not exceed, the cost to the department for activities associated with the early achievers program.
(7)(a) The department must create a single source of information for parents and caregivers to access details on a provider's early achievers program rating level, licensing history, and other indicators of quality and safety that will help parents and caregivers make informed choices. The licensing history that the department must provide for parents and caregivers pursuant to this subsection shall only include license suspension, surrender, revocation, denial, stayed suspension, or reinstatement. No unfounded child abuse or neglect reports may be provided to parents and caregivers pursuant to this subsection.
(b) The department shall publish to the department's website, or offer a link on its website to, the following information:
(i) Early achievers program rating levels 1 through 5 for all child care programs that receive state subsidy, early childhood education and assistance programs, and federal head start programs in Washington; and
(ii) New early achievers program ratings within thirty days after a program becomes licensed or certified, or receives a rating.
(c) The early achievers program rating levels shall be published in a manner that is easily accessible to parents and caregivers and takes into account the linguistic needs of parents and caregivers.
(d) The department must publish early achievers program rating levels for child care programs that do not receive state subsidy but have voluntarily joined the early achievers program.
(e) Early achievers program participants who have published rating levels on the department's website or on a link on the department's website may include a brief description of their program, contingent upon the review and approval by the department, as determined by established marketing standards.
(8)(a) The department shall create a professional development pathway for early achievers program participants to obtain a high school diploma or equivalency or higher education credential in early childhood education, early childhood studies, child development, or an academic field related to early care and education.
(b) The professional development pathway must include opportunities for scholarships and grants to assist early achievers program participants with the costs associated with obtaining an educational degree.
(c) The department shall address cultural and linguistic diversity when developing the professional development pathway.
(9) The early achievers quality improvement awards shall be reserved for participants offering programs to an enrollment population consisting of at least five percent of children receiving a state subsidy.
(10) In collaboration with tribal governments, community and statewide partners, and the early achievers review subcommittee created in RCW 43.216.075, the department shall develop a protocol for granting early achievers program participants an extension in meeting rating level requirement timelines outlined for the working connections child care program and the early childhood education and assistance program.
(a) The department may grant extensions only under exceptional circumstances, such as when early achievers program participants experience an unexpected life circumstance.
(b) Extensions shall not exceed six months, and early achievers program participants are only eligible for one extension in meeting rating level requirement timelines.
(c) Extensions may only be granted to early achievers program participants who have demonstrated engagement in the early achievers program.
(11)(a) The department shall accept national accreditation that meets the requirements of this subsection (11) as a qualification for the early achievers program ratings.
(b) Each national accreditation agency will be allowed to submit its most current standards of accreditation to establish potential credit earned in the early achievers program. The department shall grant credit to accreditation bodies that can demonstrate that their standards meet or exceed the current early achievers program standards. By December 1, 2019, and subject to the availability of amounts appropriated for this specific purpose, the department must submit a detailed plan to the governor and the legislature to implement a robust cross-accreditation process with multiple pathways that allows a provider to earn equivalent early achievers credit resulting from accreditation by high quality national organizations.
(c) Licensed child care centers, child care home providers, and outdoor nature-based child care must meet national accreditation standards approved by the department for the early achievers program in order to be granted credit for the early achievers program standards. Eligibility for the early achievers program is not subject to bargaining, mediation, or interest arbitration under *RCW 41.56.153, consistent with the legislative reservation of rights under *RCW 41.56.153
(4)(d).
(12) The department shall explore the use of alternative quality assessment tools that meet the culturally specific needs of the federally recognized tribes in the state of Washington.
(13) A child care or early learning program that is operated by a federally recognized tribe and receives state funds shall participate in the early achievers program. The tribe may choose to participate 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. The interlocal agreement must provide that:
(a) Tribal child care facilities and early learning programs may volunteer, but are not required, to be licensed by the department;
(b) Tribal child care facilities and early learning programs are not required to have their early achievers program rating level published to the department's website or through a link on the department's website; and
(c) Tribal child care facilities and early learning programs must provide notification to parents or guardians who apply for or have been admitted into their program that early achievers program rating level information is available and provide the parents or guardians with the program's early achievers program rating level upon request.
(14) The department shall consult with the early achievers review subcommittee on all substantial policy changes to the early achievers program.
(15) Nothing in this section changes the department's responsibility to collectively bargain over mandatory subjects or limits the legislature's authority to make programmatic modifications to licensed child care and early learning programs under *RCW 41.56.153
(4)(d).
[
2021 c 304 s 6
;
2019 c 369 s 2
;
2017 3rd sp.s. c 6 s 113
;
2015 3rd sp.s. c 7 s 2
;
2013 c 323 s 6
;
2007 c 394 s 4
. Formerly RCW 43.215.100
.]
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
.
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
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
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
"(1) The legislature finds that quality early care and education builds the foundation for a child's success in school and in life. The legislature acknowledges that a quality framework is necessary for the early care and education system in Washington. The legislature recognizes that empirical evidence supports the conclusion that high quality programs consistently yield more positive outcomes for children, with the strongest positive impacts on the most vulnerable children. The legislature acknowledges that critical developmental windows exist in early childhood, and low quality child care has damaging effects for children. The legislature further understands that the proper dosage, duration of programming, and stability of care are critical to enhancing program quality and improving child outcomes. The legislature acknowledges that the early care and education system should strive to address the needs of Washington's culturally and linguistically diverse populations. The legislature understands that parental choice and provider diversity are guiding principles for early learning programs.
(2) The legislature intends to prioritize the integration of child care and preschool in an effort to promote full day programming. The legislature further intends to reward quality and create incentives for providers to participate in a quality rating and improvement system that will also provide valuable information to parents regarding the quality of care available in their communities." [
2015 3rd sp.s. c 7 s 1
.]
Finding
—
Declaration
—
Captions not law
—
2007 c 394:
See notes following RCW 43.216.010
.
RCW 43.216.087
Early achievers program
—
Participation of culturally diverse and low-income center, family home, and outdoor nature-based child care providers.
(1)(a) The department shall, in collaboration with tribal governments and community and statewide partners, implement a protocol to maximize and encourage participation in the early achievers program for culturally diverse and low-income center, family home, and outdoor nature-based child care providers. Amounts appropriated for the encouragement of culturally diverse and low-income center, family home, and outdoor nature-based child care provider participation shall be appropriated separately from the other funds appropriated for the department, are the only funds that may be used for the protocol, and may not be used for any other purposes. Funds appropriated for the protocol shall be considered an ongoing program for purposes of future departmental budget requests.
(b) The department shall prioritize the resources authorized in this section to assist providers in the early achievers program to help them reach a rating of level 3 or higher wherever access to subsidized care is at risk.
(2) The protocol should address barriers to early achievers program participation and include at a minimum the following:
(a) The creation of a substitute pool;
(b) The development of needs-based grants for providers in the early achievers program who demonstrate a need for assistance to improve program quality. Needs-based grants may be used for environmental improvements of early learning facilities; purchasing curriculum development, instructional materials, supplies, and equipment; and focused infant-toddler improvements. Priority for the needs-based grants shall be given to culturally diverse and low-income providers;
(c) The development of materials and assessments in a timely manner, and to the extent feasible, in the provider and family home languages; and
(d) The development of flexibility in technical assistance and coaching structures to provide differentiated types and amounts of support to providers based on individual need and cultural context.
[
2021 c 304 s 7
;
2019 c 369 s 5
;
2015 3rd sp.s. c 7 s 5
. Formerly RCW 43.215.101
.]
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 43.216.089
Early achievers program
—
Final report
—
Mitigation plan for areas not achieving required rating levels
—
Data availability
—
Reports.
(1) By December 15, 2020, the department, in consultation with the statewide child care resource and referral network, and the early achievers review subcommittee of the early learning advisory council, shall submit, in compliance with RCW 43.01.036, a final report to the governor and the legislature regarding providers' progress in the early achievers program. The report must include the following elements:
(a) The number, and relative percentage, of family child care, outdoor nature-based child care, and center providers who have enrolled in the early achievers program and who have:
(i) Completed the level 2 activities;
(ii) Completed rating readiness consultation and are waiting to be rated;
(iii) Achieved the required rating level to remain eligible for state-funded support under the early childhood education and assistance program or a subsidy under the working connections child care subsidy program;
(iv) Not achieved the required rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(v) Not achieved the required rating level initially and engaged in remedial activities before successfully achieving the required rating level;
(vi) Not achieved the required rating level after completing remedial activities; or
(vii) Received an extension from the department based on exceptional circumstances pursuant to RCW 43.216.085
;
(b) A review of the services available to providers and children from diverse racial, ethnic, and cultural backgrounds;
(c) An examination of the effectiveness of efforts to increase successful participation by providers serving children and families from diverse racial, ethnic, and cultural backgrounds and providers who serve children from low-income households;
(d) A description of the primary obstacles and challenges faced by providers who have not achieved the required rating level to remain eligible to receive:
(i) A subsidy under the working connections child care program; or
(ii) State-funded support under the early childhood education and assistance program;
(e) A summary of the types of exceptional circumstances for which the department has granted an extension pursuant to RCW 43.216.085
;
(f) The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
(g) To the extent data is available, an analysis of the distribution of early achievers program-rated facilities in relation to child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
(h) Recommendations for improving access for children from diverse racial, ethnic, and cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
(i) Recommendations for improving the early achievers program standards;
(j) An analysis of any impact from quality strengthening efforts on the availability and quality of infant and toddler care;
(k) The number of contracted slots that use both early childhood education and assistance program funding and working connections child care program funding;
(l) An analysis of the impact of increased regulations on the cost of child care; and
(m) A description of the early childhood education and assistance program implementation to include the following:
(i) Progress on early childhood education and assistance program implementation as required pursuant to RCW 43.216.515, 43.216.525, and
43.216.555
;
(ii) An examination of the regional distribution of new preschool programming by school district;
(iii) An analysis of the impact of preschool expansion on low-income neighborhoods and communities;
(iv) Recommendations to address any identified barriers to access to quality preschool for children living in low-income neighborhoods;
(v) An analysis of any impact of extended day early care and education opportunities directives;
(vi) An examination of any identified barriers for providers to offer extended day early care and education opportunities;
(vii) An analysis of the demand for full-day programming for early childhood education and assistance program providers required under RCW 43.216.515
; and
(viii) To the extent data is available, an analysis of the racial, ethnic, and cultural diversity of early childhood education and assistance program providers and participants.
(2) The elements required to be reported under subsection (1)(a) of this section must be reported at the county level, and for those counties with a population of five hundred thousand and higher, the data must be reported at the zip code level.
(3) If, based on information in an annual report submitted in 2018 or later under this section, fifteen percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels under RCW 43.216.135
and
43.216.515, the department must:
(a) Analyze the reasons providers in the affected counties or zip codes have not attained the required rating levels; and
(b) Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature as part of the final report described in subsection (1) of this section along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
(4)(a) Beginning December 1, 2020, the department, in collaboration with the statewide child care resource and referral network, shall make available on its public website, in a consumer-friendly format, the following elements:
(i) The number, and relative percentage, of family child care and center child care providers who have enrolled in the early achievers program and who have:
(A) Submitted their request for on-site evaluation and are waiting to be rated; and
(B) Achieved the required rating level to remain eligible for state-funded support under the early childhood education and assistance program or a subsidy under the working connections child care subsidy program;
(ii) The distribution of early childhood education and assistance program programming by school district; and
(iii) Indicators of supply and demand at the local level, as well as identification of regions or areas in which there are insufficient numbers of child care facilities using nationally developed methodology.
(b) The elements required to be made available under (a)(i) of this subsection (4) must be made available at the county level, and for those counties with a population of five hundred thousand and higher, the data must be reported at the zip code level.
(c) To the extent data are available, the elements required to be reported under (a)(ii) and (iii) of this subsection (4) must be updated at a minimum of a quarterly basis on the department's public website.
(d) If in any individual state fiscal year, based on information reported in (a)(ii) and (iii) of this subsection (4), fifteen percent or more of the licensed or contracted providers who are participating in the early achievers program in a county or in a single zip code have not achieved the rating levels required under RCW 43.216.135
and
43.216.515, the department must:
(i) Analyze the reasons providers in the affected counties or zip codes have not attained the required rating levels; and
(ii) Develop a plan to mitigate the effect on the children and families served by these providers. The plan must be submitted to the legislature by November 1st of the year following the state fiscal year in question, along with any recommendations for legislative action to address the needs of the providers and the children and families they serve.
(5) Beginning September 15, 2021, and each odd-numbered year thereafter, the department shall submit a report to the governor and the legislature outlining the availability and quality of services available to early learning providers and children from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities. The report must include the following elements:
(a) To the extent data is available, an analysis of the racial, ethnic, and linguistic diversity of early childhood education and assistance program providers and participants, and the providers and participants of working connections child care;
(b) A review of the services available to providers and children from diverse racial, ethnic, and cultural backgrounds;
(c) An examination of the effectiveness of efforts to increase and maintain successful participation by providers serving children and families from diverse racial, ethnic, and linguistic backgrounds and providers who serve children from low-income households;
(d) To the extent data is available, the distribution of early achievers program-rated facilities by child and provider demographics, including but not limited to race and ethnicity, home language, and geographical location;
(e) Recommendations for improving and maintaining access for children from diverse racial, ethnic, and cultural backgrounds to providers rated at a level 3 or higher in the early achievers program;
(f) Recommendations to address any identified barriers to access to high quality preschool for children living in low-income neighborhoods;
(g) An examination of expulsion rates of children from diverse racial, ethnic, and diverse cultural backgrounds and from low-income neighborhoods and communities; and
(h) An analysis of how early learning providers and families from diverse racial, ethnic, and cultural backgrounds and from low-income neighborhoods and communities have influenced or participated in the department's early learning plans and implementation strategies.
(6) Beginning September 15, 2022, and each even-numbered year thereafter, the department shall submit a report to the governor and the legislature on the availability of supports to providers and their effectiveness at improving quality. The report must include the following elements:
(a) An analysis of the effectiveness of recruitment efforts for new and returning high quality early learning providers and programs;
(b) An analysis of the effectiveness of quality improvement tools and incentives on the retention and quality improvement of early learning professionals;
(c) An analysis of the supply of high quality subsidized early learning. This analysis must include:
(i) An examination of the trend in supply of early learning providers and workers;
(ii) A description of the primary obstacles and challenges faced by providers who have not achieved the required early achievers rating level to remain eligible to receive a subsidy under the working connections child care program or state-funded support under the early childhood education and assistance program;
(iii) The number, and relative percentage, of family child care and center providers who have enrolled in the early achievers program and who have:
(A) Not achieved the required rating level initially but qualified for and are working through intensive targeted support in preparation for a partial rerate outside the standard rating cycle;
(B) Not achieved the required rating level initially and engaged in remedial activities before successfully achieving the required rating level;
(C) Not achieved the required rating level after completing remedial activities; or
(D) Received an extension from the department based on exceptional circumstances pursuant to RCW 43.216.085
; and
(iv) Recommendations for improving retention and reducing barriers to entry for early learning providers;
(d) The average amount of time required for providers to achieve local level milestones within each level of the early achievers program;
(e) A summary of the types of exceptional circumstances for which the department has granted an extension to early achievers rating milestones pursuant to RCW 43.216.085
;
(f) An analysis of the availability and quality of infant and toddler care; and
(g) An examination of any identified barriers that discourage providers from offering extended day early care and education opportunities.
(7) The information to be disclosed or shared under this section must not include sensitive personal information of in-home caregivers for vulnerable populations as defined in RCW 42.56.640, and must not include any other information protected from disclosure under state or federal law.
[
2021 c 304 s 8
;
2020 c 262 s 3
;
2019 c 369 s 13
;
2015 3rd sp.s. c 7 s 18
. Formerly RCW 43.215.102
.]
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 43.216.090
Early achievers program
—
Mental health consultants.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer or contract for infant and early childhood mental health consultation services to child care providers and early learning providers participating in the early achievers program.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department must have or contract for one infant and early childhood mental health consultation coordinator and must enter into a contractual agreement with an organization providing coaching services to early achievers program participants to hire at least 12 qualified infant and early childhood mental health consultants. The department shall determine, in collaboration with the statewide child care resource and referral network, where the additional consultants should be sited based on factors such as the total provider numbers overlaid with indicators of highest need. The infant and early childhood mental health consultants must support early achievers program coaches and child care providers by providing resources, information, and guidance regarding challenging behavior and expulsions and may travel to assist providers in serving families and children with severe behavioral needs.
(3) The department shall provide, or contract with an entity to provide, reflective supervision and professional development for infant and early childhood mental health consultants to meet national competency standards.
(4) As capacity allows, the department may provide access to infant and early childhood mental health consultation services to caregivers and licensed or certified, military, and tribal early learning providers, license-exempt family, friend, and neighbor care providers, and families with children expelled or at risk of expulsion from child care.
[
2025 c 412 s 10
;
2021 c 199 s 309
;
2019 c 360 s 7
.]
NOTES:
Conflict with federal requirements
—
Effective date
—
2025 c 412:
See notes following RCW 43.216.556
.
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
.
Findings
—
Intent
—
2019 c 360:
See note following RCW 74.09.4951
.
RCW 43.216.091
Early achievers program
—
Administrative policies
—
Rating and rerating.
The department must adopt administrative policies in the early achievers program, within the department's appropriations, to:
(1) Consider child care provider schedules and needs and allow flexibility when scheduling data collection and rating visits at a facility;
(2) Prioritize reratings for providers rated at a level 2;
(3) Prioritize reratings for providers rated at a level 3 who are seeking to become early childhood education and assistance program providers; and
(4) Provide continuous and robust postrating feedback to providers.
[
2019 c 369 s 8
.]
NOTES:
Findings
—
Intent
—
2019 c 369:
"(1) The legislature finds that a commitment to early learning quality was established through the passage of the early start act and creation of the early achievers program. The legislature recognizes that achieving the desired child outcomes from high quality early learning and child care requires additional financial support, including the payment of living wages to providers, and that the success of the early achievers system must continue to be supported through adequate funding. Further, the legislature finds that the federal administration of children and families advises states to set child care subsidy rates at the seventy-fifth percentile of private market rates in order to ensure equal access to high quality child care. The legislature further finds that objectives of the early achievers program include providing professional development and robust training and coaching opportunities that are available in geographically diverse areas to child care and early education providers who are often small business owners and as such play a critical role in our state's economy.
(2) The legislature further finds that the department of children, youth, and families has undertaken efforts to identify professional equivalencies for early learning providers that recognize the commitment and years of experience that much of the workforce demonstrates.
(3) Therefore, as recommended by the joint select committee on the early achievers program, the legislature intends to work toward raising base subsidy rates for licensed child care centers and family homes and further incentivize the provision of care for infants and toddlers by considering rates for providers serving these young children. Further, the legislature intends to look to increase needs-based grants, scholarships, and professional development assistance, as well as reduce early achievers coaching ratios, in order to support providers in continuous improvement. The legislature further intends to support the work of the department of children, youth, and families' professional equivalencies committee and the department's development of the proficiency review process." [
2019 c 369 s 1
.]
RCW 43.216.092
Early achievers program
—
Administrative policies
—
Various.
Subject to the availability of amounts appropriated for this specific purpose, the department must adopt administrative policies in the early achievers program to:
(1) Eliminate rating scale barriers, to the extent possible, within the assessment tools and data collection methodologies used in the early achievers program and weight early achievers points to incentivize providers to serve infants and toddlers;
(2) Remove barriers to timely approvals for one-on-one behavioral support assistants when requested by a provider; and
(3) Require trauma-informed care training for raters and coaches.
[
2019 c 369 s 9
.]
NOTES:
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
RCW 43.216.100
Community information and involvement plan
—
Informing home-based, tribal, and family early learning providers of early achievers program.
The department, in collaboration with the office of the superintendent of public instruction, shall create a community information and involvement plan to inform home-based, tribal, and family early learning providers of the early achievers program under RCW 43.216.085
.
[
2019 c 369 s 14
;
2016 c 72 s 701
. Formerly RCW 43.215.103
.]
NOTES:
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
Finding
—
Intent
—
2016 c 72:
See note following RCW 28A.600.015
.
RCW 43.216.105
Native language development and retention
—
Dual language learning
—
Rules.
(1) The department of children, youth, and families must work with community partners to support outreach and education for parents and families around the benefits of native language development and retention, as well as the benefits of dual language learning. Native language means the language normally used by an individual or, in the case of a child or youth, the language normally used by the parents or family of the child or youth. Dual language learning means learning in two languages, generally English and a target language other than English spoken in the local community, for example Spanish, Somali, Vietnamese, Russian, Arabic, native languages, or indigenous languages where the goal is bilingualism.
(2) Within existing resources, the department must create training and professional development resources on dual language learning, such as supporting English learners, working in culturally and linguistically diverse communities, strategies for family engagement, and cultural responsiveness. The department must design the training modules to be culturally responsive.
(3) Within existing resources, the department must support dual language learning communities for teachers and coaches.
(4) The department may adopt rules to implement this section.
[
2018 c 58 s 44
;
2017 c 236 s 5
. Formerly RCW 43.215.104
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Findings
—
Intent
—
2017 c 236:
See note following RCW 28A.180.120
.
RCW 43.216.110
Core competencies for early care and education professionals and child and youth development professionals
—
Adoption and implementation
—
Updating.
By December 31, 2012, the department shall adopt core competencies for early care and education professionals and child and youth development professionals and develop an implementation plan. The department shall incorporate the core competencies into all appropriate professional development opportunities including, but not limited to, the quality rating and improvement system, the early childhood education and assistance program, child care licensing, and the early support for infants and toddlers program. The purpose of the core competencies is to serve as a foundation for what early care and education professionals and child and youth development professionals need to know and do to provide quality care for children. The core competencies must be reviewed and updated every five years.
[
2012 c 149 s 2
. Formerly RCW 43.215.105
.]
NOTES:
Findings
—
2012 c 149:
"The legislature finds that adopting statewide core competencies for early care and education professionals and child and youth development professionals is important because the competencies:
(1) Define what early care and education professionals and child and youth development professionals need to know and be able to do to provide quality care and education for children;
(2) Serve as the foundation for decisions and practices carried out by professionals in all early care and education settings and school-age child care settings;
(3) Establish a set of standards for early care and education professionals and child and youth development professionals that support the professionalism for the field;
(4) Are an integral part of a comprehensive professional development system; and
(5) Recognize existing standards met by nationally chartered nonprofit youth development agencies providing facility-based after school services for school-age children as relevant and sufficient standards." [
2012 c 149 s 1
.]
RCW 43.216.115
Partnership responsibilities
—
Department's duties
—
Partnership's duties.
(1) In order to meet its partnership responsibilities, the department shall:
(a) Work collaboratively with the nongovernmental private-public partnership; and
(b) Actively seek public and private money for distribution as grants to the nongovernmental private-public partnership.
(2) In order to meet its partnership responsibilities, the nongovernmental private-public partnership shall:
(a) Work with and complement existing statewide efforts by enhancing parent resources and support, child care, preschool, and other early learning environments;
(b) Accept and expend funds to be used for quality improvement initiatives, including but not limited to parent resources and support, and support the alignment of existing funding streams and coordination of efforts across sectors;
(c) In conjunction with the department, provide leadership to early learning private-public partnerships forming in communities across the state. These local partnerships shall be encouraged to seek local funding and develop strategies to improve coordination and exchange information between the community, early care and education programs, and the K-12 system; and
(d) Assist the statewide movement to high quality early learning and the support of parents as a child's first and best teacher.
[
2007 c 394 s 6
. Formerly RCW 43.215.110
.]
NOTES:
Finding
—
Declaration
—
Captions not law
—
2007 c 394:
See notes following RCW 43.216.010
.
RCW 43.216.120
Reduction of barriers for using local or private funds for early learning opportunities.
To the greatest extent possible, the department must reduce barriers and increase efficiency for using local or private funds, or both, to provide more high quality early learning opportunities.
[
2017 c 178 s 3
. Formerly RCW 43.215.112
.]
NOTES:
Intent
—
2017 c 178:
See note following RCW 43.216.080
.
RCW 43.216.125
Parental notification of report alleging sexual misconduct or abuse
—
Notice of parental rights.
The department and an agency must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct or abuse by an agency employee, notify the parents or guardian of a child alleged to be the victim, target, or recipient of the misconduct or abuse. The department and an agency shall provide parents annually with information regarding their rights under the public records act, chapter
42.56
RCW, to request the public records regarding the employee.
[
2007 c 415 s 8
. Formerly RCW 43.215.120
.]
RCW 43.216.130
Home visiting services account
—
Purpose
—
Administration
—
Funding.
(1)(a) The home visiting services account is created in the state treasury. Revenues to the account shall consist of appropriations by the legislature and all other sources deposited in the account. All federal funds received by the department for home visiting activities must be deposited into the account.
(b)(i) Expenditures from the account shall be used for state matching funds for the purposes of the program established in this section and federally funded activities for the home visiting program, including administrative expenses.
(ii) The department oversees the account and is the lead state agency for home visiting system development. The nongovernmental private-public partnership supports the home visiting service delivery system and provides support functions to funded programs.
(iii) It is the intent of the legislature that state funds invested in the account be matched by the private-public partnership each fiscal year.
(iv) Amounts used for program administration by the department may not exceed an average of ten percent in any two consecutive fiscal years.
(v) Authorizations for expenditures may be given only after private funds are committed. The nongovernmental private-public partnership must report to the department quarterly to demonstrate investment of private match funds.
(c) Expenditures from the account are subject to appropriation and the allotment provisions of chapter
43.88
RCW.
(2) The department must expend moneys from the account to provide state matching funds for partnership activities to implement home visiting services and administer the infrastructure necessary to develop, support, and evaluate evidence-based, research-based, and promising home visiting programs.
(3) Activities eligible for funding through the account include, but are not limited to:
(a) Home visiting services that achieve one or more of the following: (i) Enhancing child development and well-being by alleviating the effects on child development of poverty and other known risk factors; (ii) reducing the incidence of child abuse and neglect; or (iii) promoting school readiness for young children and their families; and
(b) Development and maintenance of the infrastructure for home visiting programs, including training, quality improvement, and evaluation.
(4) Beginning July 1, 2010, the department shall contract with the nongovernmental private-public partnership designated in *RCW 43.215.070
to support programs funded through the home visiting services account. The department shall monitor performance and provide periodic reports on the uses and outcomes of the home visiting services account.
(5) The department shall, in the administration of the programs:
(a) Fund programs through a competitive bid process or in compliance with the regulations of the funding source; and
(b) Convene an advisory committee of early learning and home visiting experts, including one representative from the department, to advise the partnership regarding research and the distribution of funds from the account to eligible programs.
[
2017 c 171 s 2
;
2013 c 165 s 1
;
2010 1st sp.s. c 37 s 933
. Formerly RCW 43.215.130
.]
NOTES:
*Reviser's note:
RCW 43.215.070
was recodified as RCW 43.216.065
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Effective date
—
2010 1st sp.s. c 37:
See note following RCW 13.06.050
.
RCW 43.216.135
Child care providers
—
Subsidy requirements
—
Tiered reimbursements
—
Copayments.
(1) Existing child care providers serving nonschool-age children and receiving state subsidy payments must complete the following requirements to be eligible for a state subsidy under this section:
(a) Enroll in the early achievers program by August 1, 2016;
(b) Complete level 2 activities in the early achievers program by August 1, 2017; and
(c) Rate or request to be rated at a level 3 or higher in the early achievers program by December 31, 2019. If a child care provider does not rate at or request to be rated at a level 3 by December 31, 2019, the provider must complete remedial activities with the department, and must rate at or request to be rated at a level 3 or higher no later than December 30, 2020.
(2) A new child care provider serving nonschool-age children and receiving state subsidy payments must complete the following activities to be eligible to receive a state subsidy under this section:
(a) Enroll in the early achievers program within 30 days of receiving the initial state subsidy payment;
(b) Complete level 2 activities in the early achievers program within 12 months of enrollment; and
(c) Rate or request to be rated at a level 3 or higher in the early achievers program within 30 months of enrollment. If a child care provider does not rate or request to be rated at a level 3 within thirty months from enrollment into the early achievers program, the provider must complete remedial activities with the department, and rate or request to be rated at a level 3 or higher within 12 months of beginning remedial activities.
(3) If a child care provider does not rate or request to be rated at a level 3 or higher following the remedial period, the provider is no longer eligible to receive state subsidy under this section. If a child care provider does not rate at a level 3 or higher when the rating is released following the remedial period, the provider is no longer eligible to receive state subsidy under this section.
(4) If a child care provider serving nonschool-age children and receiving state subsidy payments has successfully completed all level 2 activities and is waiting to be rated by the deadline provided in this section, the provider may continue to receive a state subsidy pending the successful completion of the level 3 rating activity.
(5) The department shall implement tiered reimbursement for early achievers program participants in the working connections child care program rating at level 3, 4, or 5.
(6) The department shall account for a child care copayment collected by the provider from the family for each contracted slot.
[
2023 c 222 s 5
. Prior:
2020 c 355 s 2
;
2020 c 321 s 2
;
2020 c 279 s 1
; prior:
2019 c 406 s 70
;
2019 c 369 s 4
;
2019 c 97 s 2
;
2018 c 52 s 6
;
2017 3rd sp.s. c 9 s 2
;
2015 3rd sp.s. c 7 s 6
;
2013 c 323 s 9
; prior:
2012 c 253 s 5
;
2012 c 251 s 1
;
2011 1st sp.s. c 42 s 11
;
2010 c 273 s 2
. Formerly RCW 43.215.135
.]
NOTES:
Findings
—
Intent
—
2023 c 222:
See note following RCW 43.216.800
.
Findings
—
Intent
—
2020 c 355:
"The legislature finds that the federal child care and development block grant act of 2014 reauthorized the child care and development fund program and established a minimum twelve-month eligibility period for subsidized child care in order to provide families with more stability and to support the continuity of care between children and providers. The legislature further finds that the state's policy of authorizing twelve months of uninterrupted care was affirmed by the passage of the state's early start act in 2015. However, some families are not able to access child care right away through the working connections child care program due to factors beyond their control. These barriers to care include challenges with access to child care in rural areas, declining numbers of providers accepting state subsidy, and the persistence of child care deserts in which either no child care providers are in operation or there are so few options for child care that the demand outweighs available slots. Therefore, the legislature intends to clarify the state's policy that all eligible children may receive at least a full twelve months of working connections child care." [
2020 c 355 s 1
.]
Effective date
—
2020 c 355:
"This act takes effect January 1, 2021." [
2020 c 355 s 5
.]
Effective date
—
2020 c 279:
See note following RCW 43.216.800
.
Contingent effective date
—
2019 c 406 s 70:
"Section 70 of this act takes effect only if chapter 97, Laws of 2019 is enacted by July 28, 2019." [
2019 c 406 s 78
.]
Findings
—
Intent
—
2019 c 406:
"(1) The legislature recognizes the following:
(a) In Washington, over forty-six thousand community and technical college students, which represents twenty-three percent of all community and technical college students in the state, are parents of dependent children. Student parents represent more than one-quarter of community and technical college students in Washington who receive financial aid. Financial assistance[,] however, does not sufficiently cover many student parents' college expenses.
(b) Caregiving demands affect student parents' ability to devote the time needed to succeed in school. Nearly three-quarters of women community college students living with dependents report spending over twenty hours per week caring for dependents. Many of these students report that care demands are likely to lead them to drop out: Forty-three percent of women and thirty-seven percent of men at two-year institutions who live with children say they are likely or very likely to withdraw from college to care for dependents.
(c) In addition, child care costs represent a large financial burden for parents who are in college. The annual cost of full-time, center-based infant care averages over thirteen thousand dollars in Washington. Given the financial pressures experienced by student parents, both married and single, assistance with paying for quality child care services could dramatically improve their ability to make ends meet and complete their higher education programs.
(d) Work requirements imposed on student parents as a condition for receiving child care assistance can have negative consequences for parents in education or job training. Students working more than fifteen hours per week achieve significantly lower college attainment compared with those who work fewer hours. Nationally, fifty-eight percent of community college student parents who work fifteen or more hours per week leave school without earning a credential within six years of enrollment, compared with forty-eight percent who work less than fifteen hours per week.
(2) Therefore, the legislature intends to improve access and completion rates of student parents enrolled in community and technical colleges by reducing existing restrictions to subsidized child care." [
2019 c 406 s 69
.]
Findings
—
Intent
—
2019 c 406:
See note following RCW 43.79.195
.
Findings
—
Short title
—
2019 c 406:
See notes following RCW 28B.92.200
.
Findings
—
2019 c 406:
See note following RCW 28B.94.020
.
Findings
—
Intent
—
2019 c 406:
See note following RCW 28C.30.050
.
Findings
—
Intent
—
2019 c 369:
See note following RCW 43.216.091
.
Findings
—
Intent
—
2019 c 97:
"(1) The legislature recognizes the following:
(a) In Washington, over forty-six thousand community and technical college (CTC) students, which represents twenty-three percent of all CTC students in the state, are parents of dependent children. Student parents represent more than one-quarter of CTC students in Washington who receive financial aid. Financial assistance however, does not sufficiently cover many student parents' college expenses.
(b) Caregiving demands affect student parents' ability to devote the time needed to succeed in school. Nearly three-quarters of women community college students living with dependents report spending over twenty hours per week caring for dependents. Many of these students report that care demands are likely to lead them to drop out: Forty-three percent of women and thirty-seven percent of men at two-year institutions who live with children say they are likely or very likely to withdraw from college to care for dependents.
(c) In addition, child care costs represent a large financial burden for parents who are in college. The annual cost of full-time, center-based infant care averages over thirteen thousand dollars in Washington. Given the financial pressures experienced by student parents, both married and single, assistance with paying for quality child care services could dramatically improve their ability to make ends meet and complete their higher education programs.
(d) Work requirements imposed on student parents as a condition for receiving child care assistance can have negative consequences for parents in education or job training. Students working more than fifteen hours per week achieve significantly lower college attainment compared with those who work fewer hours. Nationally, fifty-eight percent of community college student parents who work fifteen or more hours per week leave school without earning a credential within six years of enrollment, compared with forty-eight percent who work less than fifteen hours per week.
(2) Therefore, the legislature intends to improve access and completion rates of student parents enrolled in community and technical colleges by reducing existing restrictions to subsidized child care." [
2019 c 97 s 1
.]
Effective date
—
Intent
—
Finding
—
2018 c 52:
See notes following RCW 43.216.909
.
Findings
—
Intent
—
2017 3rd sp.s. c 9:
"The legislature finds that children with the greatest needs benefit significantly from child care programs that promote stability, quality, and continuity of care. The legislature recognizes that empirical evidence supports the conclusion that high quality child care programs consistently yield more positive outcomes for children, with the strongest positive impacts on the most vulnerable children.
Children in the child welfare system are some of the most vulnerable children. The legislature finds that a child who experiences child abuse or neglect is over four times more likely to abuse substances as an adult and forty-three percent of youth in the juvenile justice system were involved in the child welfare system.
The legislature finds that the child care and development block grant act of 2014 allows the *department of early learning to provide working connections child care to children in need of, or receiving, protective services. The legislature further understands that as of July 1, 2016, authorizations for the working connections child care subsidy are effective for twelve months.
The legislature finds that the children's mental health work group, in its December 2016 final report, recommended that state agencies provide at least twelve months of stable child care through the working connections child care program for certain children involved in the child welfare system, regardless of the employment status of their parents or guardians. Many of these child welfare-involved families are addressing chemical dependency issues, which require a significant amount of time to overcome. For these reasons, the legislature intends to allow certain populations of vulnerable children to be eligible for the working connections child care subsidy for a minimum of twelve months." [
2017 3rd sp.s. c 9 s 1
.]
*Reviser's note:
The department of early learning was abolished and its powers, duties, and functions were transferred to the department of children, youth, and families by 2017 3rd sp.s. c 6 s 802, effective July 1, 2018.
Effective date
—
2017 3rd sp.s. c 9:
"This act takes effect December 1, 2018." [
2017 3rd sp.s. c 9 s 3
.]
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Findings
—
Purpose
—
2012 c 253:
See note following RCW 74.08.580
.
Effective date
—
2012 c 251:
"This act takes effect July 1, 2012." [
2012 c 251 s 3
.]
Findings
—
Intent
—
Effective date
—
2011 1st sp.s. c 42:
See notes following RCW 74.08A.260
.
Finding
—
2011 1st sp.s. c 42:
See note following RCW 74.04.004
.
Intent
—
2010 c 273:
"It is the intent of the legislature that this act be implemented within the funding appropriated in the 2009-11 biennial budget. No additional appropriations will be provided for its implementation." [
2010 c 273 s 7
.]
RCW 43.216.152
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community-based early learning providers" includes for-profit and nonprofit licensed providers of child care and preschool programs.
(2) "Program" means the program of early learning established in RCW 43.216.555
for eligible children who are three and four years of age.
[
2025 c 58 s 2025
;
2010 c 231 s 2
. Formerly RCW 43.215.140
.]
NOTES:
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
RCW 43.216.155
Home visitation programs
—
Findings
—
Intent.
The legislature finds that:
(1) The years from birth to three are critical in building the social, emotional, and cognitive developmental foundations of a young child. Research into the brain development of young children reveals that children are born learning.
(2) The farther behind children are in their social, emotional, physical, and cognitive development, the more difficult it will be for them to catch up.
(3) A significant number of children age birth to five years are born with two or more of the following risk factors and have a greater chance of failure in school and beyond: Poverty; single or no parent; no parent employed full time or full year; all parents with disability; and mother without a high school degree.
(4) Parents and children involved in home visitation programs exhibit better birth outcomes, enhanced parent and child interactions, more efficient use of health care services, enhanced child development including improved school readiness, and early detection of developmental delays, as well as reduced welfare dependence, higher rates of school completion and job retention, reduction in frequency and severity of maltreatment, and higher rates of school graduation.
The legislature intends to promote the use of voluntary home visitation services to families as an early intervention strategy to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of a high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes.
[
2007 c 466 s 1
. Formerly RCW 43.215.145, 43.121.170
.]
RCW 43.216.157
Home visitation programs
—
Definitions.
The definitions in this section apply throughout this section and RCW *
43.215.145, *
43.215.147, and **
43.121.185
unless the context clearly requires otherwise.
(1) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population.
(2) "Home visitation" means providing services in the permanent or temporary residence, or in other familiar surroundings, of the family receiving such services.
(3) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
[
2011 1st sp.s. c 32 s 6
;
2007 c 466 s 2
. Formerly RCW 43.215.146, 43.121.175
.]
NOTES:
Reviser's note:
*(1) RCW 43.215.145
and
43.215.147
were recodified as RCW 43.216.155
and
43.216.159, respectively, pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
**(2) RCW 43.121.185
was repealed by 2011 1st sp.s. c 32 s 12, effective June 30, 2012.
Transition plan
—
Report to the legislature
—
2011 1st sp.s. c 32:
See note following RCW 70.305.005
.
RCW 43.216.159
Home visitation programs
—
Funding
—
Home visitation services coordination or consolidation plan.
(1) Within available funds, the department shall fund evidence-based and research-based home visitation programs for improving parenting skills and outcomes for children. Home visitation programs must be voluntary and must address the needs of families to alleviate the effect on child development of factors such as poverty, single parenthood, parental unemployment or underemployment, parental disability, or parental lack of high school diploma, which research shows are risk factors for child abuse and neglect and poor educational outcomes. In order to maximize opportunities to obtain matching funds from private entities, general funds intended to support home visiting funding shall be appropriated to the home visiting services account established in *RCW 43.215.130
.
(2) The department shall work with the department of social and health services, the department of health, the private-public partnership created in *RCW 43.215.070, and key partners and stakeholders to develop a plan to coordinate or consolidate home visitation services for children and families to the extent practicable.
[
2011 1st sp.s. c 32 s 7
;
2008 c 152 s 6
;
2007 c 466 s 3
. Formerly RCW 43.215.147, 43.121.180
.]
NOTES:
*Reviser's note:
RCW 43.215.130
and
43.215.070
were recodified as RCW 43.216.130
and
43.216.065, respectively, pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
Transition plan
—
Report to the legislature
—
2011 1st sp.s. c 32:
See note following RCW 70.305.005
.
Findings
—
Intent
—
2008 c 152:
See note following RCW 13.34.136
.
RCW 43.216.162
Home visitation
—
High-potency synthetic opioids substance use disorder.
(1) Home visiting established by RCW 43.216.130
has been shown to enhance child development and well-being by reducing the incidence of child abuse and neglect, promoting connection to community-based supports, and increasing school readiness for young children and their families.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall enter into targeted contracts with existing home visiting programs established by RCW 43.216.130
in locales with the historically highest rates of child welfare screened-in intake to serve families.
(3) Targeted contracted home visiting slots for families experiencing high-potency synthetic opioid-related substance use disorder promotes expedited access to supports that enhance strengthened parenting skills and allows home visiting providers to have predictable funding. Any targeted contracted slots the department creates under this section must meet the requirements as provided for in chapter 328, Laws of 2024.
(4) Only existing home visiting providers are eligible to be awarded targeted contracted slots. The targeted contracted slots are reserved for programs in locales with the historically highest rates of child welfare screened-in intakes.
(5) The department shall provide training specific to substance use disorders for the home visiting providers selected for this program.
(6) Families referred to home visiting services via the process established in subsection (8) of this section must be contacted by the contracted program within seven days of referral.
(7) The department shall award the contracted slots via a competitive process. The department shall pay providers for each targeted contracted slot using the rate provided to existing home visiting providers.
(8) Eligible families shall be referred to the targeted contracted slots through a referral process developed by the department. The referral process shall include referrals from the department's child welfare staff as well as community organizations working with families meeting the criteria established in subsection (9) of this section.
(9) Priority for targeted contracted home visiting slots shall be given to:
(a) Families with child protective services open cases;
(b) Families with family assessment response open cases; and
(c) Families with family voluntary services open cases.
[
2024 c 328 s 202
.]
NOTES:
Findings
—
Intent
—
2024 c 328:
See note following RCW 13.34.050
.
RCW 43.216.165
Early start account.
(1) The early start account is created in the custody of the state treasurer. Revenues in the account shall consist of appropriations by the legislature and all other sources deposited into the account. Expenditures from the account may be used only for the purposes listed in RCW 43.216.080
. All receipts from local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations must be deposited into the account.
(2) The department oversees the account. Only the secretary or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
(3) The department shall separately track funds received for each local government, school district, institution of higher education as defined in RCW 28B.10.016, or nonprofit organization that deposits funds into the account. Expenditures from these funds may be used only for the purposes listed in RCW 43.216.080
as identified in writing with the department by the contributing local government, school district, institution of higher education as defined in RCW 28B.10.016, or nonprofit organization.
[
2018 c 58 s 68
;
2017 c 178 s 5
;
2015 3rd sp.s. c 7 s 17
. Formerly RCW 43.215.195
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Intent
—
2017 c 178:
See note following RCW 43.216.080
.
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.170
Applicants for positions with the department
—
Investigation and background checks.
(1) The secretary shall investigate the conviction records, pending charges, and disciplinary board final decisions of any current employee or applicant seeking or being considered for any position with the department who will or may have unsupervised access to children. This includes, but is not limited to, positions conducting comprehensive assessments, financial eligibility determinations, licensing and certification activities, investigations, surveys, or case management; or for state positions otherwise required by federal law to meet employment standards.
(2) The secretary shall require a fingerprint-based background check through both the Washington state patrol and the federal bureau of investigation as provided in RCW 43.43.837
. Unless otherwise authorized by law, the secretary shall use the information solely for the purpose of determining the character, suitability, and competence of the applicant.
(3) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
(4) Any person whose criminal history would otherwise disqualify the person under this section from a position that will or may have unsupervised access to children shall not be disqualified if the department of social and health services reviewed the person's otherwise disqualifying criminal history through the department of social and health services' background assessment review team process conducted in 2002 and determined that such person could remain in a position covered by this section, or if the otherwise disqualifying conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure.
[
2017 3rd sp.s. c 6 s 801
.]
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 43.216.180
Education of students in the custody of juvenile rehabilitation facilities
—
Duties
—
Creation of a comprehensive plan.
(1) The department shall meet regularly with the school districts that educate students who are in the custody of medium and maximum security facilities operated by juvenile rehabilitation to help coordinate activities in areas of common interest, such as communication with parents. The office of the superintendent of public instruction shall facilitate upon request of the department.
(2) The office of the superintendent of public instruction, in collaboration with the department, shall create a comprehensive plan for the education of students in juvenile rehabilitation and provide it to the governor and relevant committees of the legislature by September 1, 2020.
[
2019 c 322 s 7
.]
NOTES:
Findings
—
Intent
—
2019 c 322:
See note following RCW 72.01.410
.
RCW 43.216.190
Assistance with submission of Washington state identicard application materials.
The department shall assist licensed or contracted providers in following the process established under RCW 46.20.036
for providers submitting Washington state identicard application materials for individuals qualifying for a Washington state identicard under RCW 46.20.117
(1)(c)(ii).
[
2020 c 124 s 1
.]
RCW 43.216.195
Child care centers
—
Negotiated rule making.
When the secretary elects to engage in negotiated rule making pursuant to RCW 34.05.310
(2)(a), the department must include the largest organization representing child care center owners and directors; the largest organization representing supervisors, teachers, and aides; and other affected interests before adopting requirements that affect child care center licensees.
[
2021 c 199 s 312
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.216.200
Imagination library of Washington program.
(1) The following definitions apply to this section:
(a) "Eligible children" means children from birth to age five;
(b) "National nonprofit foundation" means a national nonprofit foundation that exists for the purpose of working with local entities to identify eligible children and mail age-appropriate, high quality books each month to those children at no cost to families; and
(c) "Program" means the imagination library of Washington program created under subsection (2) of this section.
(2) Subject to the amounts appropriated for this specific purpose, the department, in coordination with the office of the superintendent of public instruction, shall select a Washington state-based qualified 501(c)(3) nonprofit organization physically located in Washington state to create and operate the program. The nonprofit organization selected under this subsection shall:
(a) Manage the daily operations of the program;
(b) Establish affiliate programs across the state;
(c) Advance and strengthen the affiliate programs with the goal of increasing enrollment in those programs;
(d) Develop, promote, and coordinate a public awareness campaign to make donors aware of the opportunity to donate to affiliate programs and make the public aware of the opportunity to register eligible children to receive books through the program; and
(e) Contract with a national nonprofit foundation to provide age-appropriate, high quality books each month to eligible children at no cost to families.
(3)(a) By November 1, 2022, and annually thereafter, the nonprofit organization selected to operate the program under subsection (2) of this section shall submit a report to the relevant committees of the legislature and the governor describing:
(i) The number of affiliate programs established by the program;
(ii) The number of children enrolled in each affiliate program; and
(iii) The number of children statewide enrolled in the program.
(b) The report in this subsection must be submitted in compliance with RCW 43.01.036
.
(4)(a) The nonprofit organization selected to operate the program under subsection (2) of this section shall provide payment to the national nonprofit foundation under subsection (2)(e) of this section that equals 50 percent of the cost to provide books to eligible children enrolled in the program.
(b) Each affiliate program shall provide payment to the program under subsection (2) of this section that equals the remaining cost to provide books to eligible children enrolled in the program.
(c) Nothing in this section requires that state funding be provided to the nonprofit organization selected under this subsection or to the program except as provided in subsection (5) of this section.
(5) The department may seek and accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources on the program according to their terms.
[
2022 c 39 s 1
.]
RCW 43.216.205
Youth and young adults exiting publicly funded system of care
—
Rapid response team.
(1) The department, in coordination with the office of homeless youth prevention and protection programs, the department of social and health services, and the health care authority, shall develop and implement a rapid response team that is prepared to respond appropriately to support youth and young adults exiting a publicly funded system of care. As part of the development and implementation of the rapid response team, the department shall develop and implement a system for:
(a) Identifying youth and young adults that should be served by the rapid response team;
(b) Initiating use of the rapid response team in a timely manner that will allow for the best possible transition planning; and
(c) Locating services and connecting youth and young adults with those services to establish stability.
(2) The rapid response team developed under this section may provide assistance and support to youth and young adults who are at risk of becoming homeless and who are exiting a publicly funded system of care with the goal of securing appropriate housing and other supports for the youth or young adult. If there is no housing identified for a youth or young adult upon exit, the rapid response team shall meet before a youth or young adult transitions out of a publicly funded system of care to allow the youth or young adult to better prepare for the exit. The assistance and support provided under this subsection should occur as soon as possible, particularly if a youth or young adult presents risk factors that place the youth at higher risk of possible homelessness.
(3) Any of the following individuals may refer a youth or young adult to the rapid response team:
(a) A youth or young adult themselves;
(b) A family member of a youth or young adult;
(c) An advocate for a youth or young adult;
(d) An educator;
(e) A law enforcement officer;
(f) An employee of the department or the office of homeless youth prevention and protection programs;
(g) A service provider contracting with or licensed by the department;
(h) A behavioral health service provider serving a youth or young adult; or
(i) A service provider contracting with the office of homeless youth prevention and protection programs.
(4) For the purposes of this section:
(a) "Publicly funded system of care" has the same meaning as provided in RCW 43.330.720
;
(b) "Rapid response team" means a team of representatives from relevant state agencies that meet to respond to complex cases involving a youth or young adult located anywhere in the state exiting a publicly funded system of care to support those youth or young adults with the goal of securing appropriate housing and other supports for the youth or young adult. Services and supports under this section must incorporate youth or young adult voice and choice. The services under this section must be responsive to the individual needs of each youth or young adult and may include, but are not limited to:
(i) Behavioral health services;
(ii) Civil legal aid;
(iii) Peer support;
(iv) Family reconciliation or engagement services;
(v) Employment support;
(vi) Education support;
(vii) Case management;
(viii) Housing and financial support; or
(ix) Other navigation support to secure safe and stable housing; and
(c) "Youth" and "young adult" have the same meaning as provided in RCW 43.330.702
.
(5) By November 1, 2023, and annually thereafter, the department, in coordination with the office of homeless youth prevention and protection programs shall provide a report to the legislature and the governor including data and recommendations related to the rapid response team created in this section. The report required under this subsection must be submitted in compliance with RCW 43.01.036
. The report required under this subsection must include the following:
(a) The number of people referred to the rapid response team and the types of people making referrals to the rapid response team;
(b) The demographic data of the people served by the rapid response team;
(c) The types of services identified as needed for the people served by the rapid response team;
(d) The availability of the services identified as needed for the people served by the rapid response team; and
(e) The barriers identified to adequately address the needs of people referred to the rapid response team and recommendations to address those barriers.
[
2022 c 137 s 2
.]
NOTES:
Effective date
—
2022 c 137 s 2:
"Section 2 of this act takes effect January 1, 2023." [
2022 c 137 s 6
.]
Findings
—
Intent
—
2022 c 137:
See note following RCW 43.330.723
.
RCW 43.216.250
Secretary's licensing duties.
It shall be the secretary's duty with regard to licensing under this chapter:
(1) In consultation and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of child care facilities or outdoor locations for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages and other characteristics of the children served, variations in the purposes and services offered or size or structure of the agencies to be licensed, or because of any other factor relevant thereto;
(2)(a) In consultation with the state fire marshal's office, the secretary shall use an interagency process to address health and safety requirements for child care programs that serve school-age children and are operated in buildings that contain public or private schools that safely serve children during times in which school is in session;
(b) Any requirements in (a) of this subsection as they relate to the physical facility, including outdoor playgrounds, do not apply to before-school and after-school programs that serve only school-age children and operate in the same facilities used by public or private schools;
(3) In consultation and with the advice and assistance of parents or guardians, and persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed under this chapter;
(4) In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure, and other persons having unsupervised access to children in child care;
(5) To satisfy the shared background check requirements provided for in RCW 43.216.270
and
43.20A.710, the department of children, youth, and families and the department of social and health services shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow both departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. Neither department may share the federal background check results with any other state agency or person;
(6) To issue, revoke, or deny licenses to agencies pursuant to this chapter. Licenses shall specify the category of child care that an agency is authorized to render and the ages and number of children to be served;
(7) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and to require regular reports from each licensee;
(8) To inspect agencies periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;
(9) To review requirements adopted under this chapter at least every two years and to adopt appropriate changes after consultation with affected groups for child care requirements; and
(10) To consult with public and private agencies in order to help them improve their methods and facilities for the care and early learning of children.
[
2021 c 304 s 9
;
2018 c 58 s 70
;
2017 3rd sp.s. c 6 s 205
;
2015 3rd sp.s. c 7 s 4
. Prior:
2011 c 359 s 2
;
2011 c 253 s 3
;
2007 c 415 s 3
;
2006 c 265 s 301
. Formerly RCW 43.215.200
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
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
—
2015 3rd sp.s. c 7 s 4:
"Section 4 of this act takes effect July 1, 2016." [
2015 3rd sp.s. c 7 s 23
.]
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
Finding
—
Intent
—
2011 c 359:
"(1) The legislature finds that some licensed child care centers seeking to operate in public schools incur substantial costs to renovate spaces that are considered safe for children to use for the purpose of education. Consequently, families are forced to seek before or after school child care outside of the school building, resulting in additional transitions for students.
(2) It is the legislature's intent to allow licensed child care centers that serve school-age children to operate in facilities that provide a safe and healthy environment for children to use for the purpose of education. With respect to section 2(2) of this act, the legislature intends that the development of any related child care licensing requirements shall:
(a) Ensure safe and healthy environments for children;
(b) Utilize existing rule-making processes and resources;
(c) Utilize existing requirements as a starting point rather than create an entirely new set of requirements; and
(d) Give due consideration to the burdens imposed by inconsistent licensing requirements." [
2011 c 359 s 1
.]
RCW 43.216.255
Licensing standards.
(1) No later than November 1, 2016, the department shall implement a single set of licensing standards for child care and the early childhood education and assistance program. The department shall produce the single set of licensing standards within the department's available appropriations. The new licensing standards must:
(a) Provide minimum licensing requirements for child care and preschool programs;
(b) Rely on the standards established in the early achievers program to address quality issues in participating early childhood programs;
(c) Take into account the separate needs of family care providers, outdoor nature-based child care providers, and child care centers; and
(d) Promote the continued safety of child care settings.
(2) Private schools that operate early learning programs and do not receive state subsidy payments shall be subject to the minimum health and safety standards as defined in RCW 43.216.395
(2)(b), the health and safety requirements under chapter
28A.195
RCW, and the requirements necessary to assure a sufficient early childhood education to meet usual requirements needed for transition into elementary school. The state, and any agency thereof, shall not restrict or dictate any specific educational or other programs for early learning programs operated by private schools except for programs that receive state subsidy payments.
[
2021 c 304 s 10
;
2015 3rd sp.s. c 7 s 3
. Formerly RCW 43.215.201
.]
NOTES:
Finding
—
Intent
—
2015 3rd sp.s. c 7:
See note following RCW 43.216.085
.
RCW 43.216.260
Minimum requirements for licensure.
Applications for licensure shall require, at a minimum, the following information:
(1) The size and suitability of a facility or location for an outdoor nature-based child care program, and the plan of operation for carrying out the purpose for which an applicant seeks a license;
(2) The character, suitability, and competence of an agency and other persons associated with an agency directly responsible for the care of children;
(3) The number of qualified persons required to render the type of care for which an agency seeks a license;
(4) To provide for the comfort, care, and well-being of children, information about the health, safety, cleanliness, and general adequacy of the premises, including the real property and premises for an outdoor nature-based child care program;
(5) The provision of necessary care and early learning, including food, supervision, and discipline; physical, mental, and social well-being; and educational and recreational opportunities for those served;
(6) The financial ability of an agency to comply with minimum requirements established under this chapter; and
(7) The maintenance of records pertaining to the care of children.
[
2021 c 304 s 11
;
2007 c 415 s 4
. Formerly RCW 43.215.205
.]
RCW 43.216.265
Fire protection
—
Powers and duties of chief of the Washington state patrol.
The chief of the Washington state patrol, through the director of fire protection, shall have the power and it shall be his or her duty:
(1) In consultation with the secretary and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt recognized minimum standard requirements pertaining to each category of agency established pursuant to this chapter necessary to protect all persons residing therein from fire hazards;
(2) To adopt licensing minimum standard requirements to allow children who attend classes in a school building during school hours to remain in the same building to participate in before-school or after-school programs and to allow participation in such before-school and after-school programs by children who attend other schools and are transported to attend such before-school and after-school programs;
(3) To make or cause to be made such inspections and investigations of agencies as he or she deems necessary;
(4) To make a periodic review of requirements under RCW 43.216.250
(8) and to adopt necessary changes after consultation as required in subsection (1) of this section;
(5) To issue to applicants for licenses under this chapter who comply with the requirements, a certificate of compliance, a copy of which shall be presented to the department before a license shall be issued, except that an initial license may be issued as provided in RCW 43.216.315
;
(6) When a child care center is operated in a dedicated space within an existing building that has more than one use, to calculate the occupancy load of the child care center based only on the area in the building where the child care services are provided.
[
2025 c 150 s 3
;
2018 c 58 s 42
;
2013 c 227 s 1
;
2006 c 265 s 302
. Formerly RCW 43.215.210
.]
NOTES:
Findings
—
Intent
—
2025 c 150:
See note following RCW 19.27.600
.
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.270
Character, suitability, and competence to provide child care and early learning services
—
Fingerprint criminal history record checks
—
Background check clearance card or certificate
—
Shared background checks
—
Capacity to perform checks.
(1)(a) In determining whether an individual is of appropriate character, suitability, and competence to provide child care and early learning services to children, the department may consider the history of past involvement of child protective services or law enforcement agencies with the individual for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of a child. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031
may be used for such purposes. No unfounded or inconclusive allegation of child abuse or neglect as defined in RCW 26.44.020
may be disclosed to a provider licensed under this chapter.
(b) The department may not deny or delay a license to provide child care and early learning services under this chapter to an individual solely because of a founded finding of physical abuse or negligent treatment or maltreatment involving the individual revealed in the background check process or solely because the individual's child was found by a court to be dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030
(6)(b) when that founded finding or court finding is accompanied by a certificate of parental improvement as defined in chapter
74.13
RCW related to the same incident.
(2) In order to determine the suitability of individuals newly applying for an agency license, new licensees, their new employees, and other persons who newly have unsupervised access to children in child care, shall be fingerprinted.
(a) The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check.
(b) All individuals applying for first-time agency licenses, all new employees, and other persons who have not been previously qualified by the department to have unsupervised access to children in child care must be fingerprinted and obtain a criminal history record check pursuant to this section.
(c) The secretary shall use the fingerprint criminal history record check information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children.
(d) Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose.
(e) No later than July 1, 2013, all agency licensees holding licenses prior to July 1, 2012, persons who were employees before July 1, 2012, and persons who have been qualified by the department before July 1, 2012, to have unsupervised access to children in child care, must submit a new background application to the department.
(f) The department shall issue a background check clearance card or certificate to the applicant if after the completion of a background check the department concludes the applicant is qualified for unsupervised access to children in child care. The background check clearance card or certificate is valid for five years from the date of issuance. A valid card or certificate must be accepted by a potential employer as proof that the applicant has successfully completed a background check as required under this chapter. For purposes of renewal of the background clearance card or certificate, all agency licensees holding a license, persons who are employees, and persons who have been previously qualified by the department, must submit a new background application to the department on a date to be determined by the department.
(g) The original applicant for an agency license, licensees, their employees, and other persons who have unsupervised access to children in child care shall submit a new background check application to the department, on a form and by a date as determined by the department.
(h) The applicant and agency shall maintain on-site for inspection a copy of the background check clearance card or certificate.
(i) Individuals who have been issued a background check clearance card or certificate shall report nonconviction and conviction information to the department within twenty-four hours of the event constituting the nonconviction or conviction information.
(j) The department shall investigate and conduct a redetermination of an applicant's or licensee's background clearance if the department receives a complaint or information from individuals, a law enforcement agency, or other federal, state, or local government agency. Subject to the requirements contained in RCW 43.216.325
and
43.216.327
and based on a determination that an individual lacks the appropriate character, suitability, or competence to provide child care or early learning services to children, the department may: (i) Invalidate the background card or certificate; or (ii) suspend, modify, or revoke any license authorized by this chapter.
(3) To satisfy the shared background check requirements of the department of children, youth, and families, the office of the superintendent of public instruction, and the department of social and health services, each department shall share federal fingerprint-based background check results as permitted under the law. The purpose of this provision is to allow these departments to fulfill their joint background check responsibility of checking any individual who may have unsupervised access to vulnerable adults, children, or juveniles. These departments may not share the federal background check results with any other state agency or person.
(4) Individuals who have completed a fingerprint background check as required by the office of the superintendent of public instruction, consistent with RCW 28A.400.303, and have been continuously employed by the same school district or educational service district, can meet the requirements in subsection (2) of this section by providing a true and accurate copy of their Washington state patrol and federal bureau of investigation background check report results to the department or if the school district or the educational service district provides an affidavit to the department that the individual has been authorized to work by the school district or educational service district after completing a record check consistent with RCW 28A.400.303
. The department may require that additional background checks be completed that do not require additional fingerprinting.
(5) Subject to the availability of amounts appropriated for this specific purpose and to help satisfy the background check requirements in this section, the department shall maintain the capacity to roll, print, or scan fingerprints in at least seven of the department's early learning and child welfare offices for the purposes of Washington state patrol and federal bureau of investigation fingerprint-based background checks. Office locations must:
(a) Be prioritized based on proximity to existing fingerprinting service capacity, regional demand, and criteria to enhance timely access;
(b) Provide staff support of a minimum of 0.5 full-time equivalent employees per office location; and
(c) Provide fingerprinting services solely for prospective and current child care employees, licensed group care employees, families, and relatives involved in child welfare.
[
2024 c 300 s 2
;
2023 c 437 s 2
;
2022 c 297 s 960
;
2020 c 270 s 9
. Prior:
2018 c 59 s 1
;
2018 c 58 s 69
; prior:
2017 3rd sp.s. c 33 s 6
;
2017 3rd sp.s. c 6 s 206
; prior:
2011 c 295 s 2
;
2011 c 253 s 4
;
2007 c 415 s 5
. Formerly RCW 43.215.215
.]
NOTES:
Findings
—
Intent
—
2024 c 300:
"The legislature finds that accurate background checks play an important role in ensuring the safety of Washington families seeking child care services and for those involved in the child welfare system. The legislature finds that many areas of the state lack convenient access to fingerprinting services, thereby significantly delaying or inhibiting hiring and approval processes. The legislature finds that completing background checks more quickly will help address child care workforce shortfalls by allowing providers to hire, train, and employ new staff. The legislature therefore intends to improve workforce stability by reducing processing times for background checks and directing the department of children, youth, and families to make fingerprinting services available at selected early learning and child welfare offices as provided in this act." [
2024 c 300 s 1
.]
Effective date
—
2024 c 300:
"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 [March 26, 2024]." [
2024 c 300 s 4
.]
Effective date
—
2022 c 297:
See note following RCW 43.79.565
.
Effective date
—
2020 c 270:
See note following RCW 74.13.720
.
Effective date
—
2018 c 59:
"This act takes effect July 1, 2018." [
2018 c 59 s 2
.]
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
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 43.216.271
Background check clearance registry
—
Background application form.
The department shall maintain an individual-based or portable background check clearance registry. Any individual seeking a child care license or employment in any child care facility or outdoor nature-based child care program licensed or regulated under current law shall submit a background application on a form prescribed by the department in rule.
[
2023 c 437 s 3
;
2021 c 304 s 12
;
2017 3rd sp.s. c 6 s 207
;
2011 c 295 s 1
. Formerly RCW 43.215.216
.]
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 43.216.280
Licensed day care centers and outdoor nature-based child care providers
—
Notice of pesticide use.
Licensed child day care centers and outdoor nature-based child care providers shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter
17.21
RCW.
[
2021 c 304 s 13
;
2006 c 265 s 303
. Formerly RCW 43.215.220
.]
RCW 43.216.285
Articles of incorporation.
A copy of the articles of incorporation of any agency or amendments to the articles of existing corporation agencies shall be sent by the secretary of state to the department at the time such articles or amendments are filed.
[
2006 c 265 s 304
. Formerly RCW 43.215.230
.]
RCW 43.216.290
Access to agencies
—
Records inspection.
All agencies subject to this chapter shall accord the department, the chief of the Washington state patrol, and the director of fire protection, or their designees, the right of entrance and the privilege of access to and inspection of records for the purpose of determining whether or not there is compliance with the provisions of this chapter and the requirements adopted under it.
[
2006 c 265 s 305
. Formerly RCW 43.215.240
.]
RCW 43.216.295
License required.
(1) It is unlawful for any agency to care for children unless the agency is licensed as provided in this chapter.
(2) A license issued under chapter
74.15
RCW before July 1, 2006, for an agency subject to this chapter after July 1, 2006, is valid until its next renewal, unless otherwise suspended or revoked by the department.
[
2006 c 265 s 306
. Formerly RCW 43.215.250
.]
RCW 43.216.300
License fees.
(1) The secretary shall charge fees to the licensee for obtaining a license. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.
(2) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.
(3) The secretary shall establish the fees charged by rule.
[
2018 c 58 s 41
; (2021 c 304 s 29 expired June 30, 2023);
2007 c 17 s 1
. Formerly RCW 43.215.255
.]
NOTES:
Expiration date
—
2021 c 304 s 29:
"Section 29 of this act expires June 30, 2023." [
2021 c 304 s 34
.]
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.305
License application
—
Nonexpiring licenses
—
Issuance, renewal, transfer, duration.
(1) Each agency shall make application for a license or the continuation of a full license to the department using a method prescribed by the department. Upon receipt of such application, the department shall either grant or deny a license or continuation of a full license within ninety days. A license or continuation shall be granted if the agency meets the minimum requirements set forth in this chapter and the departmental requirements consistent with this chapter, except that an initial license may be issued as provided in RCW 43.216.315
. The department shall consider whether an agency is in good standing, as defined in subsection (4)(b) of this section, before granting a continuation of a full license. Full licenses provided for in this chapter shall continue to remain valid so long as the licensee meets the requirements for a nonexpiring license in subsection (2) of this section and may be transferred to a new licensee in the event of a transfer of ownership of a child care operation. The licensee, however, shall advise the secretary of any material change in circumstances which might constitute grounds for reclassification of license as to category. The license issued under this chapter applies only to the licensee and the location stated in the application. For licensed family day care homes having an acceptable history of child care, the license may remain in effect for two weeks after a move.
(2) In order to qualify for a nonexpiring full license, a licensee must meet the following requirements on an annual basis as established from the date of initial licensure:
(a) Submit the annual licensing fee;
(b) Submit a declaration to the department indicating the licensee's intent to continue operating a licensed child care program, or the intent to cease operation on a date certain;
(c) Submit a declaration of compliance with all licensing rules; and
(d) For all current employees of the agency and as defined by department rule, submit background check applications into the department's electronic workforce registry on the schedule established by the department.
(3) If a licensee fails to meet the requirements in subsection (2) of this section for continuation of a full license the license expires and the licensee must submit a new application for licensure under this chapter.
(4)(a) Nothing about the nonexpiring license process may interfere with the department's established monitoring practice.
(b) For the purpose of this section, an agency is considered to be in good standing if in the intervening period between monitoring visits the agency does not have any of the following:
(i) Valid complaints;
(ii) A history of noncompliance related to those valid complaints or pending from prior monitoring visits; or
(iii) Other information that when evaluated would result in a finding of noncompliance with this section.
(c) The department shall consider whether an agency is in good standing when determining the most appropriate approach and process for monitoring visits, for the purposes of administrative efficiency while protecting children, consistent with this chapter. If the department determines that an agency is not in good standing, the department may issue a probationary license, as provided in RCW 43.216.320
.
[
2021 c 304 s 14
;
2020 c 343 s 5
;
2018 c 58 s 40
;
2011 c 297 s 1
;
2006 c 265 s 307
. Formerly RCW 43.215.260
.]
NOTES:
Short title
—
Findings
—
Intent
—
2020 c 343:
See notes following RCW 43.216.514
.
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.310
License renewal.
(1) If a licensee desires to apply for a renewal of its license, a request for a renewal shall be filed ninety days before the expiration date of the license. If the department has failed to act at the time of the expiration date of the license, the license shall continue in effect until such time as the department acts.
(2) License renewal under this section does not apply to nonexpiring licenses described in *RCW 43.215.260
.
[
2011 c 297 s 3
;
2006 c 265 s 308
. Formerly RCW 43.215.270
.]
NOTES:
*Reviser's note:
RCW 43.215.260
was recodified as RCW 43.216.305
pursuant to 2017 3rd sp.s. c 6 s 821, effective July 1, 2018.
RCW 43.216.315
Initial licenses.
The secretary may, at his or her discretion, issue an initial license instead of a full license, to an agency or facility for a period not to exceed six months, renewable for a period not to exceed two years, to allow such agency or facility reasonable time to become eligible for full license.
[
2018 c 58 s 39
;
2006 c 265 s 309
. Formerly RCW 43.215.280
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 43.216.320
Probationary licenses.
(1) The department may issue a probationary license to a licensee who has had an initial, expiring, or other license but is temporarily unable to comply with a rule or has been the subject of multiple complaints or concerns about noncompliance if:
(a) The noncompliance does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue; and
(b) The licensee has a plan approved by the department to correct the area of noncompliance within the probationary period.
(2) Before issuing a probationary license, the department shall, in writing, refer the licensee to the child care resource and referral network or other appropriate resource for technical assistance. The department may issue a probationary license pursuant to subsection (1) of this section if within fifteen working days after the department has sent its referral:
(a) The licensee, in writing, has refused the department's referral for technical assistance; or
(b) The licensee has failed to respond in writing to the department's referral for technical assistance.
(3) If the licensee accepts the department's referral for technical assistance issued under subsection (2) of this section, the department, the licensee, and the technical assistance provider shall meet within thirty days after the licensee's acceptance. The licensee and the department, in consultation with the technical assistance provider, shall develop a plan to correct the areas of noncompliance identified by the department. If, after sixty days, the licensee has not corrected the areas of noncompliance identified in the plan developed in consultation with the technical assistance provider, the department may issue a probationary license pursuant to subsection (1) of this section.
(4) A probationary license may be issued for up to six months, and at the discretion of the department it may be extended for an additional six months. The department shall immediately terminate the probationary license, if at any time the noncompliance for which the probationary license was issued presents an immediate threat to the health or well-being of the children.
(5) The department may, at any time, issue a probationary license for due cause that states the conditions of probation.
(6) An existing license is invalidated when a probationary license is issued.
(7) At the expiration of the probationary license, the department shall reinstate the original license for the remainder of its term, issue a new license, or revoke the original license.
(8) A right to an adjudicative proceeding shall not accrue to the licensee whose license has been placed on probationary status unless the licensee does not agree with the placement on probationary status and the department then suspends, revokes, or modifies the license.
[
2011 c 297 s 2
;
2006 c 265 s 310
. Formerly RCW 43.215.290
.]
RCW 43.216.325
Licenses
—
Denial, suspension, revocation, modification, nonrenewal
—
Proceedings
—
Penalties.
(1) An agency may be denied a license, or any license issued pursuant to this chapter may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of this chapter or the requirements adopted pursuant to this chapter; or (b) that the conditions required for the issuance of a license under this chapter have ceased to exist with respect to such licenses. RCW 43.216.327
governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, the department's decision shall be upheld if it is supported by a preponderance of the evidence.
(3)(a) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under this chapter or that an agency subject to licensing under this chapter is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home.
(b) Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance.
(c) Civil monetary penalties shall not exceed one hundred fifty dollars per violation for a family day care home and two hundred fifty dollars per violation for child day care centers or outdoor nature-based child care programs. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
(d) The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period.
(e) The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. RCW 43.216.335
governs notice of a civil monetary penalty and provides the right to an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
(4)(a) In addition to or in lieu of an enforcement action being taken, the department may place a child day care center, outdoor nature-based child care provider, or family day care provider on nonreferral status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status may continue until the department determines that: (i) No enforcement action is appropriate; or (ii) a corrective action plan has been successfully concluded.
(b) Whenever a child day care center, outdoor nature-based child care provider, or family day care provider is placed on nonreferral status, the department shall provide written notification to the child day care center, outdoor nature-based child care provider, or family day care provider.
(5) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to: (a) Take an enforcement action against a child day care center, outdoor nature-based child care provider, or family day care provider; or (b) place or remove a child day care center, outdoor nature-based child care provider, or family day care provider on nonreferral status.
[
2021 c 304 s 15
;
2018 c 58 s 38
;
2011 c 296 s 1
;
2007 c 17 s 2
;
2006 c 265 s 311
. Formerly RCW 43.215.300
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
Short title
—
2011 c 296:
"This act shall be known and cited as the Colby Thompson act." [
2011 c 296 s 4
.]
RCW 43.216.327
Licenses
—
Denial, revocation, suspension, or modification
—
Notice
—
Effective date of action
—
Adjudicative proceeding.
(1) The department shall give written notice of the denial of an application for a license to the applicant or his or her agent. The department shall give written notice of revocation, suspension, or modification of a license to the licensee or his or her agent. The notice shall state the reasons for the action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in this subsection and in subsection (4) of this section, revocation, suspension, or modification is effective twenty-eight days after the licensee or the agent receives the notice.
(a) The department may make the date the action is effective later than twenty-eight days after receipt. If the department does so, it shall state the effective date in the written notice given the licensee or agent.
(b) The department may make the date the action is effective sooner than twenty-eight days after receipt when necessary to protect the public health, safety, or welfare. When the department does so, it shall state the effective date and the reasons supporting the effective date in the written notice given to the licensee or agent.
(c) When the department has received certification pursuant to chapter
74.20A
RCW from the division of child support that the licensee is a person who is not in compliance with a support order, the department shall provide that the suspension is effective immediately upon receipt of the suspension notice by the licensee.
(3) Except for licensees suspended for noncompliance with a support order under chapter
74.20A
RCW, a license applicant or licensee who is aggrieved by a department denial, revocation, suspension, or modification has the right to an adjudicative proceeding. The proceeding is governed by the administrative procedure act, chapter
34.05
RCW. The application must be in writing, state the basis for contesting the adverse action, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the license applicant's or licensee's receiving the adverse notice, and be served in a manner that shows proof of receipt.
(4)(a) If the department gives a licensee twenty-eight or more days' notice of revocation, suspension, or modification and the licensee files an appeal before its effective date, the department shall not implement the adverse action until the final order has been entered. The presiding or reviewing officer may permit the department to implement part or all of the adverse action while the proceedings are pending if the appellant causes an unreasonable delay in the proceeding, if the circumstances change so that implementation is in the public interest, or for other good cause.
(b) If the department gives a licensee less than twenty-eight days' notice of revocation, suspension, or modification and the licensee timely files a sufficient appeal, the department may implement the adverse action on the effective date stated in the notice. The presiding or reviewing officer may order the department to stay implementation of part or all of the adverse action while the proceedings are pending if staying implementation is in the public interest or for other good cause.
[
2007 c 17 s 3
. Formerly RCW 43.215.305
.]
RCW 43.216.335
Civil fines
—
Notice
—
Adjudicative proceeding.
(1) The department shall give written notice to the person against whom it assesses a civil fine. The notice shall state the reasons for the adverse action. The notice shall be personally served in the manner of service of a summons in a civil action or shall be given in another manner that shows proof of receipt.
(2) Except as otherwise provided in subsection (4) of this section, the civil fine is due and payable twenty-eight days after receipt. The department may make the date the fine is due later than twenty-eight days after receipt. When the department does so, it shall state the effective date in the written notice given the person against whom it assesses the fine.
(3) The person against whom the department assesses a civil fine has the right to an adjudicative proceeding. The proceeding is governed by the administrative procedure act, chapter
34.05
RCW. The application must be in writing, state the basis for contesting the fine, include a copy of the adverse notice, be served on and received by the department within twenty-eight days of the person's receiving the notice of civil fine, and be served in a manner that shows proof of receipt.
(4) If the person files a timely and sufficient appeal, the department shall not implement the action until the final order has been served. The presiding or reviewing officer may permit the department to implement part or all of the action while the proceedings are pending if the appellant causes an unreasonable delay in the proceedings or for other good cause.
[
2007 c 17 s 4
. Formerly RCW 43.215.307
.]
RCW 43.216.340
Licensure pending compliance with state building code, chapter
19.27
RCW
—
Consultation with local officials.
(1) Before requiring any alterations to a child care facility due to inconsistencies with requirements in chapter
19.27
RCW, the department shall:
(a) Consult with the city or county enforcement official; and
(b) Receive written verification from the city or county enforcement official that the alteration is required.
(2) The department's consultation with the city or county enforcement official is limited to licensed child care space.
(3) Unless there is imminent danger to children or staff, the department may not modify, suspend, or revoke a child care license or business activities while the department is waiting to:
(a) Consult with the city or county enforcement official under subsection (1)(a) of this section; or
(b) Receive written verification from the city or county enforcement official that the alteration is required under subsection (1)(b) of this section.
(4) For the purposes of this section, "child care facility" means a family day care home, school-age care, outdoor nature-based child care, and child day care center.
[
2021 c 304 s 16
;
2014 c 9 s 1
. Formerly RCW 43.215.308
.]
RCW 43.216.345
Adjudicative proceedings
—
Training for administrative law judges.
(1) The office of administrative hearings shall not assign nor allow an administrative law judge to preside over an adjudicative hearing regarding denial, modification, suspension, or revocation of any license to provide child care under this chapter, unless such judge has received training related to state and federal laws and department policies and procedures regarding:
(a) Child abuse, neglect, and maltreatment;
(b) Child protective services investigations and standards;
(c) Licensing activities and standards;
(d) Child development; and
(e) Parenting skills.
(2) The office of administrative hearings shall develop and implement a training program that carries out the requirements of this section. The office of administrative hearings shall consult and coordinate with the department in developing the training program. The department may assist the office of administrative hearings in developing and providing training to administrative law judges.
[
2006 c 265 s 312
. Formerly RCW 43.215.310
.]
RCW 43.216.350
License or certificate suspension
—
Noncompliance with support order
—
Reissuance.
The secretary shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[
2018 c 58 s 37
;
2006 c 265 s 313
. Formerly RCW 43.215.320
.]
NOTES:
*Reviser's note:
1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320
.
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.