Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › INTENT AND AUTHORITY › Section 110-302-0005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter unless the
				  context clearly requires otherwise.
"Accessible to children"
means items, areas, or
				  materials of an outdoor nature-based program (ONB) that a child can reasonably
				  reach, enter, use, or get to on their own.
"Accommodations"
means ONB program curriculum
				  and instruction, activities, spaces, and materials that have been adapted to
				  help children and adults with special needs function within their
				  surroundings.
"Active supervision"
or
"actively
				  supervise"
means a heightened standard of care beyond supervision. This
				  standard requires an ONB provider to see and hear the children they are
				  responsible for during higher risk activities. The ONB provider must be able to
				  prevent or instantly respond to unsafe or harmful events.
"Agency"
has the same meaning as described in
				  RCW
				    43.216.010.
"Aide"
is a person who offers support to the ONB
				  program staff.
"Allergy"
or
"allergies"
means an
				  overreaction of the immune system to a substance that is harmless to most
				  people. During an allergic reaction, the body's immune system treats the
				  substance or "allergen" as an invader. The body overreacts by releasing
				  chemicals that may cause symptoms ranging from mildly annoying to life
				  threatening. Common allergens include certain foods such as milk, eggs, fish,
				  shellfish, common tree nuts, peanuts, wheat, and soybeans, as well as pollen,
				  mold, or medication.
"American Society for Testing and Materials
				  (ASTM)"
means the international standards organization that develops and
				  publishes voluntary consensus technical standards for a wide range of
				  materials, products, systems, and services.
"Americans with Disabilities Act (ADA)"
means
				  the federal "equal opportunity" law protecting people with disabilities.
"Annual"
or
"annually"
means an
				  event that occurs each calendar year, not to exceed 365 days between
				  occurrences.
"Applicant"
means an individual who has made a
				  formal request for a child care license, certification, exemption, or portable
				  background check.
"Appropriate"
when used to refer to child care
				  or educational materials, means that the materials will interest and challenge
				  children in terms of their ages and abilities.
"Appropriately"
means correct or properly suited
				  for a particular situation.
"Assistant director"
is the person responsible
				  for the overall management, including the facility and operation, of an ONB
				  program that enrolls preschool-age and school-age children, or only
				  preschool-age children.
"Assistant teacher"
is a person whose work is to
				  assist a lead teacher in providing instructional supports to children and
				  implementing a developmentally appropriate ONB program. The assistant teacher
				  must carry out assigned tasks under the supervision of a lead teacher, program
				  supervisor, director, program director, assistant director, site director, or
				  licensee.
"Bathroom"
means a room containing a built-in,
				  flush-type toilet.
"Benefit-risk assessment"
means, for purposes of
				  outdoor nature-based programs, a process used to identify and document hazards
				  and risky play elements associated with childhood outdoor play and making plans
				  to mitigate the risk of injury to children while maintaining developmental
				  benefits for children. This process includes identifying the types of risk
				  present in a location or activity, the likelihood and severity of potential
				  injury, the potential benefits to children, methods of mitigating hazards,
				  e.g., elimination, substitution, isolation, safeguards, and managing risk,
				  e.g., heightened supervision, scaffolding, intervention, and identifying who is
				  responsible for implementing the appropriate methods and when.
"Bias"
means a tendency to believe that some
				  people or ideas are better than others that usually results in treating some
				  people unfairly.
"Biological needs"
means, for purposes of
				  outdoor nature-based programming, department approved toileting, handwashing,
				  and transitional activities for children and providers.
"Body of water"
or
"bodies of
				  water"
is a natural area or human-made area or device that contains or
				  holds a depth of more than four inches of water. Examples include swimming
				  pools, ditches, canals, fish ponds, water retentions, excavations, quarries,
				  streams, rivers, lakes, and ocean waters.
"Campfire"
means an outdoor fire that is used
				  for cooking, personal warmth, lighting, or ceremonial or esthetic purposes. For
				  the purposes of this chapter, "campfire" does not include a fire within any
				  building, mobile home, motor vehicle, or recreational vehicle.
"Campfire activities"
means ONB program
				  activities in which enrolled children have access to a campfire that may pose a
				  risk of burns to children.
"Cannabis"
also known as "marijuana" refers to
				  all parts of the cannabis plant, whether growing or not, the seeds thereof, the
				  resin or concentrate extracted from any part of the plant and every compound,
				  manufacture, salt, derivative, mixture, or preparation of the plant.
"Capacity"
means the maximum number of children
				  an ONB provider is authorized by the department to have in care at any given
				  time. This includes any children on-site at the ONB program and any children in
				  transit to or from the ONB program or other activities such as field trips
				  while the children are signed in to the care of the ONB program.
"Certificate of exemption (COE)"
means a form
				  that is approved by the DOH and consistent with the requirements of WAC
				  246-105-050, or an immunization
				  form produced by the state immunization information system.
"Certificate of immunization status (child)"
means a form that is approved by the DOH and consistent with the requirements
				  of WAC 246-105-050, or an immunization
				  form produced by the state immunization information system.
"Certification"
means, as applied to the
				  licensing process, department approval of a person, home, or facility that is
				  exempt from licensing but requests evidence that the ONB program meets these
				  foundational licensing standards.
"Child"
means an individual who is younger than
				  age 13, including any preschool-age child or school-age child as defined in
				  this chapter.
"Child and adult care food program (CACFP)"
means the food program established by Congress and funded by the United States
				  Department of Agriculture (USDA).
"Child abuse"
or
"neglect"
means
				  the physical abuse, sexual abuse, sexual exploitation, abandonment, negligent
				  treatment or maltreatment of a child by any person as defined in
				  RCW
				    26.44.020.
"Child care"
refers to supervision of children
				  outside the child's home for periods of less than 24 hours a day.
"Child care basics (CCB)"
means curriculum
				  designed to meet the initial basic training requirement for early learning
				  program staff working in licensed or certified programs in Washington state. It
				  serves as a broad introduction for professionals who are pursuing a career in
				  the early care and education field.
"Chromated copper arsenate (CCA)"
is a wood
				  preservative and insecticide that contains roughly 22 percent arsenic, a known
				  carcinogen. The United States restricted the use of CCA on residential lumber
				  in 2003, but it can still be found on older decks and playground equipment.
				  Information about the health hazards of arsenic can be found on the DOH's
				  website.
"Clean"
or
"cleaning"
means to
				  remove dirt and debris from a surface by scrubbing and washing with a detergent
				  solution and rinsing with water. This process must be accomplished before
				  sanitizing or disinfecting a surface.
"Confidential"
means the protection of personal
				  information, such as the child's records, from individuals who are not
				  authorized to see or hear the information.
"Consistent care"
means providing steady
				  opportunities for children to build emotionally secure relationships by
				  primarily interacting with a limited number of ONB program staff.
"Consumer product safety commission (CPSC)"
means the United States Consumer Product Safety Commission.
"Contagious disease"
means an illness caused by
				  an infectious agent of public health concern which can be transmitted from one
				  person, animal, or object to another person by direct or indirect means
				  including transmission through an intermediate host or vector, food, water, or
				  air. Contagious diseases pertinent to this chapter are described in WAC
				  246-110-010.
"Continuous"
means without interruptions, gaps,
				  or stopping.
"Core competencies"
are standards required by
				  the department that detail what an early learning or school-age provider needs
				  to know and is able to do to provide quality care and education for children
				  and their families.
"Cultural"
or
"culturally"
means in
				  a way that relates to the ideas, customs, and social behavior of different
				  societies.
"Curriculum philosophy"
means a written
				  statement of principles developed by an ONB provider to form the basis of the
				  learning ONB program activities, including age appropriate developmental
				  learning objectives for children.
"Department"
means the Washington state
				  department of children, youth, and families (DCYF).
"Department of defense (DOD)"
means the United
				  States Department of Defense.
"Department of health (DOH)"
means the
				  Washington state department of health.
"Developmental screening"
is the use of
				  standardized tools to identify a child at risk of a developmental delay or
				  disorder. (Source: American Academy of Pediatrics,
Healthy Child Care
				  America
, 2009)
"Developmentally appropriate"
means:
(a) An ONB provider interacts with each child
				in a way that recognizes and respects the child's chronological and
				developmental age;
(b) Knowledge
				about how children grow and learn;
(c) Reflects the developmental level of the
				individual child; and
(d)
				Interactions and activities are planned with the developmental needs of the
				individual child in mind.
"Director"
means the person responsible for the
				  overall management, including the facility and operation, of an ONB program
				  that enrolls preschool-age and school-age children, or only preschool-age
				  children.
"Disability"
or
"disabilities"
has
				  the same meaning in this chapter as the meaning in
				  RCW
				    49.60.040(7).
"Disaster"
means a sudden event, accident, or
				  natural catastrophe that causes great damage to property, serious bodily
				  injury, or loss of life.
"Discipline"
means a method used to redirect a
				  child in order to achieve a desired behavior.
"Disinfect"
means to eliminate virtually all
				  germs from an inanimate surface by the process of cleaning and rinsing,
				  followed by:
(a) The application of a
				fragrance-free chlorine bleach and water solution following the DOH's current
				guidelines for mixing bleach solutions for child care and similar environments;
				or
(b) The application of other
				disinfectant products registered with the EPA, if used strictly according to
				the manufacturer's label instructions including, but not limited to, quantity,
				time the product must be left in place, adequate time to allow the product to
				dry or rinsing if applicable, and appropriateness for use on the surface to be
				disinfected. Any disinfectant used on food contact surfaces or toys must be
				labeled "safe for food contact surfaces."
"Disinfectant"
means a chemical or physical
				  process that kills bacteria and viruses.
"Drinking water"
or
"potable water"
means water that is suitable for drinking by the general public as determined
				  by the DOH or a local health jurisdiction.
"Dual language learners"
means children who are
				  learning two or more languages at the same time. This term includes children
				  who learn two or more languages from birth, and children who are still
				  mastering their home language when they are introduced to and start learning a
				  second language. (Source: The
Washington State Early Learning and
				  Development Guidelines
, a resource published by the department, OSPI,
				  and Thrive Washington for children birth through third grade that outlines what
				  children know and are able to do at different stages of their
				  development.)
"Early achievers"
is a statewide system of
				  high-quality early learning that connects families to early learning programs
				  with the help of an easy to understand rating system and offers coaching,
				  professional development, and resources for early learning providers to support
				  each child's learning and development.
"Early childhood education (ECE) initial
				  certificate"
(12 quarter credits) is Washington's initial certificate in
				  early childhood education and serves as the point of entry for a career in
				  early learning and covers foundational content for early learning
				  professionals.
"Early childhood education and assistance program
				  (ECEAP)"
is a comprehensive preschool program that provides free
				  services and support to eligible children and their families.
"Early childhood education (ECE) short
				  certificate"
is an ECE initial certificate plus eight quarter credits
				  and is Washington's short certificate in early childhood education that offers
				  areas of specialization, building on the state's initial certificate. Outdoor
				  nature-based short certificate is an initial certificate plus eight quarter
				  credits and is Washington's short certificate in outdoor nature-based education
				  that offers areas of specialization, building on the state's initial
				  certificate.
"Early childhood education (ECE) state
				  certificate"
is a short certificate plus 27 quarter credits and is
				  Washington's state certificate in early childhood education that is the
				  benchmark for Level 2 core competencies for early care and education
				  professionals and prepares for the next step, an associate's degree in early
				  childhood education.
"Early learning"
has the same meaning as
				  described in
				  RCW
				    43.216.010.
"Electronic record"
means a record generated,
				  communicated, received, or stored by electronic means for use in an information
				  system or for transmission from one information system to another.
"Electronic signature"
means a signature in
				  electronic form attached to or logically associated with an electronic record
				  including, but not limited to, a digital signature. An electronic signature is
				  a paperless way to sign a document using an electronic sound, symbol, or
				  process, attached to or logically associated with a record, and executed or
				  adopted by a person with the intent to sign the record.
"Electronic workforce registry"
refers to the
				  Washington state department of children, youth, and families' current database
				  of professional records of individual ONB providers.
"Emergency preparedness"
means a continuous
				  cycle of planning, organizing, training, equipping, exercising, evaluating, and
				  taking corrective action in an effort to ensure effective coordination in case
				  of emergencies or during incident response.
"Emergent curriculum"
means a teaching
				  philosophy and a curriculum planning method designed to create meaningful
				  learning experiences that focus on being responsive to child interests. This
				  philosophy prioritizes active participation, relationship building, flexible
				  and adaptable methods, inquiry, and play-based learning. The curriculum is
				  child-initiated, collaborative and responsive to the child's needs, and
				  teachers come prepared with information, offer resources to support child
				  explorations, or both.
"Enforcement action"
means the denial,
				  suspension, revocation, modification, or nonrenewal of a license pursuant to
				  RCW
				    43.216.325(1) or assessment
				  of civil penalties or fines pursuant to
				  RCW
				    43.216.325(3). An ONB
				  provider may contest an enforcement action and seek an adjudicative proceeding
				  pursuant to chapter 110-03 WAC.
"EPA"
means the United States Environmental
				  Protection Agency.
"Equivalent"
or
"equivalency"
means, when referring to staff qualifications, an individual is allowed to meet
				  the chapter 110-302 WAC requirements that are based on a department recognized
				  alternative credential, or demonstration of competency, that indicates similar
				  knowledge as the identified credential.
"Exempt"
or
"exemption"
means, as
				  applied to immunizations, a type of immunization status where a child has not
				  been fully immunized against one or more vaccine preventable diseases required
				  by chapter 246-105 WAC for full immunization due to medical, religious,
				  philosophical or personal reasons. Under chapter 362, Laws of 2019, if a child
				  plans on attending or is attending an outdoor nature-based program, a
				  philosophical or personal objection may not be used to exempt a child from the
				  measles, mumps, and rubella vaccine.
"Expel"
or
"expulsion"
means to end
				  a child's enrollment in an ONB program. An ONB provider will end a child's
				  enrollment if the ONB provider is unable to meet a child's needs due to the
				  child's challenging behavior.
"Facility licensing compliance agreement (FLCA)"
has the same meaning as in
				  RCW
				    43.216.395(2)(a).
"Food and Drug Administration (FDA)"
means the
				  United States Food and Drug Administration.
"Food worker card"
means a food and beverage
				  service worker's permit as required under chapter 69.06 RCW.
"Good repair"
means about 80 percent of
				  materials and components are unbroken, have all their pieces, and can be used
				  by the children as intended by the manufacturer or builder.
"Hazard"
means a source of harm that may or may
				  not be obvious to the child. The source of harm is not obvious if the potential
				  for injury is hidden or is greater than a child can manage to avoid given the
				  individual circumstances and characteristics of the child.
"Health care provider"
means a person who is
				  licensed, certified, registered, or otherwise authorized by the laws of the
				  state of Washington to provide health care in the ordinary course of business
				  or practice of a profession.
"Immunization"
means the process of
				  administering a vaccine to make that person immune or resistant to an
				  infectious disease.
"Inaccessible to children"
means a method to
				  prevent a child from reaching, entering, using, or getting to items, areas, or
				  materials of an ONB program.
"Inactive"
means, when used by the department to
				  indicate a licensing status, an ONB provider who has informed the department of
				  their intent to temporarily cease caring for children and close their ONB
				  program in a manner that departs from the ONB program's regular
				  schedule.
"Individual care plan"
means a specific plan to
				  meet the individual needs of a child with a food allergy, special dietary
				  requirement due to a health condition, or other special needs or
				  circumstances.
"In-service training"
means professional
				  development requirements for continuing education delivered or approved by the
				  department to maintain staff standards and qualifications while employed as an
				  ONB provider.
"Inspection report"
has the same meaning as in
				  RCW
				    43.216.010(17).
"Internal review process"
has the same meaning
				  as described in
				  RCW
				    43.216.395.
"Lead teacher"
means an ONB provider who works
				  as the lead staff person in charge of a child or group of children and oversees
				  or implements ONB activities or ONB programs.
"License"
means a permit issued by the
				  department legally authorizing an applicant to operate an outdoor nature-based
				  program.
"Licensed space"
means the indoor and outdoor
				  space on the premises approved by the department for the purpose of providing
				  an ONB licensed program.
"Licensee"
means an individual or legal entity
				  listed on a license issued by the department, authorized to provide child care
				  or early learning services in an ONB program.
"Lockdown"
means restricted to an interior room
				  with few or no windows while the facility or building is secured from a threat,
				  or other department approved lockdown plan.
"Locking mechanism"
means a lock that requires a
				  key, tumbler, dial, passcode, touchpad, or similar device or method to lock and
				  unlock.
"Modification"
means, when used in reference to
				  an ONB provider's licensing status, an enforcement action by the department to
				  change the conditions identified on a licensee's current license.
"Moisture-wicking"
means a fabric that draws
				  moisture away from the body, such as polyester or wool. Cotton is not a
				  moisture-wicking fabric.
"Natural space"
means land that is natural,
				  semi-natural, or planted and includes plants, animals, and other features and
				  products of the earth.
"Nonexpiring license"
means a license that is
				  issued pursuant to chapter 43.216 RCW to an ONB provider following the initial
				  licensing period.
"Office of superintendent of public instruction
				  (OSPI)"
means the Washington state office of superintendent of public
				  instruction.
"Operating hours"
means the hours listed in an
				  ONB program parent handbook when the ONB program is open and providing care and
				  services to children.
"Outdoor nature-based (ONB) child care"
or
"outdoor nature-based (ONB) program"
has the same meaning as
				  described in
				  RCW
				    43.216.010(1)(e).
"Outdoor nature-based child care basics"
means a
				  curriculum designed to meet the initial basic training requirement for outdoor
				  nature-based program staff working in licensed or certified ONB programs in
				  Washington state. It serves as a broad introduction for professionals who are
				  pursuing a career in the outdoor nature-based child care and education
				  field.
"Outdoor nature-based program (ONB)"
means an
				  ONB program that is authorized under
				  RCW
				    43.216.742.
"Outdoor nature-based (ONB) program staff"
or
"staff"
means all persons who work, substitute, or volunteer in an
				  ONB program during hours when children are or may be present, excluding
				  licensees. "Staff" include ONB child care directors, program directors,
				  assistant directors, site directors, program supervisors, lead teachers,
				  assistant teachers, aides, and volunteers.
"Outdoor nature-based child care (ONB) provider"
or
"provider"
means an outdoor nature-based child care licensee or
				  a designee who works in an ONB program during hours when children are or may be
				  present. Designees include ONB child care directors, program directors,
				  assistant directors, site directors, program supervisors, lead teachers,
				  assistant teachers, aides, and volunteers.
"Outdoor nature-based tools"
include, but are
				  not limited to, peelers, whittling knives, small hammers, hand drills, pliers,
				  child-sized saws, wrenches, and screwdrivers. Folding whittling knives must be
				  equipped with a locking feature to keep knives open when in use. Motorized
				  tools must be inaccessible to children.
"Parent"
or
"guardian"
means birth
				  parent, custodial parent, foster parent, legal guardian or those authorized by
				  the parent or entity legally responsible for the welfare of the child.
"Permanently located outdoor classroom"
means an
				  outdoor area that is allocated to an ONB program for daily use, and the ONB
				  provider or public park installs permanent or semi-permanent equipment for the
				  ONB program's use, such as storage containers, portable chemical toilets, or
				  child-sized furniture.
"Personal needs"
means an ONB provider's
				  toileting or medication needs that removes the ONB provider from the children.
				  Personal needs do not include smoking or use of tobacco products, illegal drug
				  use or misuse of prescription drugs, conducting business or related activities,
				  sleeping or napping, screen time, or leaving children in unattended
				  care.
"Pest"
means an animal, plant, or insect that
				  has a harmful effect on humans, food, or living conditions.
"Pesticide"
refers to chemicals used to kill
				  pests.
"Pet"
means a domestic or tamed animal or bird
				  kept for companionship or pleasure.
"Physical barrier"
or
"barrier"
means a nonclimbable fence or wall that is at least five feet tall and has no
				  openings greater than two inches, nor a gate or door that allows entry to and
				  exit from a body of water. Any gate or opening, in addition to the requirements
				  already listed, must have a locking mechanism, a self-closing or self-latching
				  device, and a device used to open the locks which is inaccessible to children
				  but readily available to staff.
"Physical boundary"
or
"boundary"
means a way of marking the limits of an area consisting of, but not limited to,
				  fences, barriers, ropes, large boulders or logs, or visual aids such as cones,
				  tape, or ribbons.
"Physical restraint"
means holding a child as
				  gently as possible for the minimum amount of time necessary to control a
				  situation where that child's safety or the safety of others is
				  threatened.
"Poison"
includes, but is not limited to,
				  substances, chemicals, chemical compounds other than naturally occurring
				  compounds such as water or salt, or similar items that, even in small
				  quantities, are likely to cause injury or illness if it is swallowed or comes
				  into contact with a child's skin, eyes, mouth, or mucus membranes.
"Premises"
means the licensed and unlicensed
				  space at the licensed address including, but not limited to, buildings, land,
				  residences, and other real property.
"Preschool-age child"
means a child 30 months
				  through six years of age not attending kindergarten or elementary
				  school.
"Preservice training"
means professional
				  development standards or requirements for ONB program staff prior to hiring or
				  within a department specified time frame and delivered or approved by the
				  department.
"Private septic system"
means a septic system as
				  defined in chapter 246-272A WAC that is not connected to a public sewer system
				  or a large on-site sewage system as defined in chapter 246-272B WAC. A private
				  septic system includes, but is not limited to, the septic system's drain field
				  and tanks.
"Probationary license"
has the same meaning as
				  described in
				  RCW
				    43.216.010(25).
"Professional development support plan"
is a
				  formal means by which an individual who is supervising staff sets out the
				  goals, strategies, and outcomes of learning and training.
"Program director"
means the person responsible
				  for the overall management, including the facility and operations, of an ONB
				  program that enrolls only school-age children. The program director is not
				  responsible for being on-site at the ONB program, unless the program director
				  is filling in for an on-site role.
"Program supervisor"
means the person
				  responsible for planning and supervising the learning and activity programming
				  of the ONB program that enrolls preschool-age and school-age children, or only
				  preschool-age children.
"RCW"
means the Revised Code of
				  Washington.
"Readily available"
means able to be used or
				  obtained quickly and easily.
"Revocation"
or
"revoke"
when used
				  in reference to an ONB provider's licensing status, means an enforcement action
				  by the department to close an ONB program and permanently remove the
				  license.
"Risk"
means, with regard to "risky play," a
				  situation that a child can recognize and evaluate challenges to decide on a
				  course of action, although there may be a potential for injury.
"Risk management policy"
means a written policy
				  or plan to mitigate children's risk of injury associated with risky play or
				  learning activities.
"Risky play"
means physical activity and play
				  that is challenging and involves a risk of physical injury. Risky play for ONB
				  programs includes, but is not limited to, play involving heights, speed,
				  dangerous tools, close proximity to dangerous elements, such as falling into
				  something potentially hazardous, and risk of getting lost. Risky play is also
				  known as "adventure play."
"Routine care"
means typical or usual care
				  provided to a child during the time the child is enrolled in the ONB program,
				  such as feeding, diapering, toileting, napping, resting, playing, and
				  learning.
"Safe route"
means a way or course taken to get
				  from a starting point to a destination that is protected from danger or
				  risk.
"Safety plan"
means a written plan to implement
				  ONB program changes to bring an ONB program into compliance with this chapter
				  and chapter 43.216 RCW. Safety plans are developed at meetings involving at
				  least an ONB provider and a department licensor and supervisor. Safety plans
				  detail changes the ONB provider needs to make to mitigate the risk of direct
				  and indirect harm to children enrolled in the ONB program. ONB program changes
				  must be agreed to in writing, and signed by all participants at the meeting.
				  Safety plans expire 30 calendar days after being signed by all parties. Safety
				  plans may only be extended for an additional 30 days and extensions may only be
				  authorized by a department supervisor.
"Sanitize"
means to reduce the number of
				  microorganisms on a surface by the process of:
(a) Cleaning and rinsing with water at a high
				temperature pursuant to the requirements described in this chapter;
				or
(b) Cleaning and rinsing,
				followed by using:
(i) A fragrance-free
				chlorine bleach and water solution following the DOH's current guidelines for
				mixing bleach solutions for child care and similar environments; or
(ii) Other sanitizer product if it is
				registered with the EPA and used strictly according to the manufacturer's label
				instructions including, but not limited to, quantity used, time the product
				must be left in place, adequate time to allow the product to dry, and
				appropriateness for use on the surface to be sanitized. If used on food contact
				surfaces or toys, a sanitizer product must be labeled as "safe for food contact
				surfaces."