Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-296A - Licensed family home child care standards › Section 170-296A-0010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply throughout this chapter unless
				the context clearly indicates otherwise. Certain definitions appear in the
				section the term is used if the definition applies only to a specific section
				or sections:
"Accessible to children"
means areas of the
				facility and materials that the children can easily get to on their own.
"Agency"
as used in this chapter, has the same
				meaning as in
				RCW
				   43.215.010(1)(c).
"Available"
means accessible and ready for use or
				service.
"Bathroom"
means any room containing a built-in
				flush-type toilet.
"Capacity"
means the maximum number of children
				the licensee is authorized by the department to have in care at any given
				time.
"Child"
means an individual who is younger than
				age thirteen, including any infant, toddler, preschool-age child, or school-age
				child as defined in this chapter.
"Child abuse or neglect"
has the same meaning as
				"abuse or neglect" under
				RCW
				   26.44.020 and chapter 388-15 WAC.
"Child care"
means the developmentally appropriate
				care, protection, and supervision of children that is designed to promote
				positive growth and educational experiences for children outside the child's
				home for periods of less than twenty-four hours a day.
"Clean"
or
"cleaning"
means to remove
				dirt and debris (such as soil, food, blood, urine, or feces) by scrubbing and
				washing with a soap or detergent solution and rinsing with water. Cleaning is
				the first step in the process of sanitizing or disinfecting a surface or
				item.
"Confidential"
means the protection of personal
				information, such as the child's records, from persons who are not authorized
				to see or hear it.
"Denial of a license"
means an action by the
				department to not issue a child care license to an applicant for an initial
				license, or to a licensee operating under an initial license seeking a
				nonexpiring full license, based on the applicant's or initial licensee's
				inability or failure to meet the requirements of chapter 43.215 RCW or
				requirements adopted by the department pursuant to chapter 43.215 RCW.
"Department"
or
"DEL"
means the
				Washington state department of early learning.
"Developmentally appropriate"
means curriculum,
				materials or activities provided at a level that is consistent with the
				abilities or learning skills of the child.
"Discipline"
means a method used to redirect a
				child in order to achieve a desired behavior.
"Disinfect"
or
"disinfecting"
means
				to eliminate virtually all germs on a surface by the process of cleaning and
				rinsing, followed by:
(a) A chlorine bleach and water solution of one tablespoon of
				chlorine bleach to one quart of cool water, allowed to stand wet for at least
				two minutes; or
(b) Other disinfectant product if 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 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.
"DOH"
means the Washington state department of
				health.
"DSHS"
means the Washington state department of
				social and health services.
"Enforcement action"
means a department
				issued:
(a) Denial, suspension, revocation or modification of a
				license;
(b) Probationary license;
(c) Civil monetary penalty (fine); or
(d) Disqualification from having unsupervised access to
				children in care.
"Family home child care"
means a facility licensed
				by the department where child care is provided for twelve or fewer children in
				the family living quarters where the licensee resides as provided in
				RCW
				   43.215.010(1)(c).
"Family living quarters"
means a licensee's or
				license applicant's residence and other spaces or buildings on the premises
				that meet the facility requirements of this chapter and are approved by the
				department for child care.
"Fine"
has the same meaning as "civil monetary
				penalty," "civil fines," or "monetary penalty" under chapter 43.215 RCW.
"Inaccessible to children"
means an effective
				method or barrier that reasonably prevents a child's ability to reach, enter,
				or use items or areas.
"Infant"
means a child age birth through eleven
				months of age.
"Licensed space"
means the indoor and outdoor
				space on the premises approved by the department for the purpose of providing
				licensed child care.
"Licensee"
for the purposes of this chapter, means
				the individual listed on a family home child care license issued by the
				department of early learning authorizing that individual to provide child care
				under the requirements of this chapter and chapters 170-300 WAC and 43.215
				RCW.
"Licensor"
means an individual employed by the
				department and designated by the director to inspect and monitor an agency or
				other child care facility for compliance with the requirements of this chapter
				and chapter 43.215 RCW.
"MERIT"
means the managed education registry
				information tool used to track professional development for early learning
				professionals. See also "STARS."
"Modification of a license"
means department
				action to change the conditions identified on a current license.
"Nonexpiring full license"
or
"nonexpiring
				license"
means a full license that is issued to a licensee following the
				initial licensing period as provided in WAC
				170-296A-1450.
"Nonprescription medication"
means any of the
				following:
(a) Nonaspirin fever reducers or pain relievers;
(b) Nonnarcotic cough suppressants;
(c) Cold or flu medications;
(d) Antihistamines or decongestants;
(e) Vitamins;
(f) Ointments or lotions specially intended to relieve
				itching;
(g) Diaper ointments and talc free powders specially used in
				the diaper area of children;
(h) Sun screen;
(i) Hand sanitizer gels; or
(j) Hand wipes with alcohol.
"One year of experience"
means at least twelve
				months of early learning experience as demonstrated by a resume and
				references:
(a) In a supervisory role in a child care setting where the
				individual was responsible for supervising staff and complying with licensing
				standards; or
(b) As a Washington state:
(i) Child care center or school age center director, program
				supervisor, or lead teacher as defined in chapters 170-151 and 170-295 WAC;
				or
(ii) Family home child care licensee or qualified primary staff
				person.
"Overnight care"
means child care provided for a
				child anytime between the hours of eight o'clock at night and six o'clock in
				the morning that includes a sleep period for the child.
"Personal needs"
means an individual's hygiene,
				toileting, medication, cleansing, eating or clothing needs. "Personal needs"
				does not mean 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 care unattended.
"Physical restraint"
means the practice of
				rendering a child helpless or keeping a child in captivity.
"Poison"
for the purposes of this chapter
				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 or unlicensed space
				at the licensed address including, but not limited to, buildings, land and
				residences.
"Preschool age child"
means a child age thirty
				months through six years of age who is not attending kindergarten or elementary
				school.
"Primary staff person"
means a staff person other
				than the licensee who has been authorized by the department to care for and
				have unsupervised access to children in care.
"RCW"
means Revised Code of Washington.
"Revocation"
or
"revoke"
means the
				formal action by the department to close a child care business and take the
				license due to the licensee's failure to comply with chapter 43.215 RCW or
				requirements adopted pursuant to chapter 43.215 RCW.
"Sanitize"
means to reduce the number of
				microorganisms on a surface by the process of:
(a) Cleaning and rinsing, followed by using:
(i) A chlorine bleach and water solution of three-quarters
				teaspoon of chlorine bleach to one quart of cool water, allowed to stand wet
				for at least two minutes; or
(ii) Another sanitizer product if used strictly according to
				manufacturer's label instructions including, but not limited to, quantity used,
				time the product must be left in place, and 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; or
(b) For laundry and dishwasher use only, "sanitize" means use
				of a bleach and water solution or temperature control.
"School age child"
means a child not less than
				five years of age through twelve years of age who is attending kindergarten or
				school.
"Screen time"
means watching, using or playing
				television, computers, video games, video or DVD players, mobile communication
				devices, and similar devices.
"Sleeping equipment"
includes a bed, cot,
				mattress, mat, crib, bassinet, play yard or "pack and play." "Sleeping
				equipment" does not include any car seat or infant swing.
"Staff"
unless referring specifically to a
				"primary staff person," means any primary staff person, assistant, or volunteer
				helping to provide child care, or a household member acting in the capacity of
				a primary staff person, assistant or volunteer, whether compensated or not
				compensated.
"STARS"
means the state training and registry
				system.
"Suspension of a license"
means a formal
				department action to stop a license pending a department decision regarding
				further enforcement action.
"Toddler"
means a child age twelve months through
				twenty-nine months of age.
"Unlicensed space"
means the indoor and outdoor
				areas of the premises, not approved as licensed space by DEL, that the licensee
				must make inaccessible to the children during child care hours.
"Unsupervised access"
has the same meaning as
				"unsupervised access" in WAC
				170-06-0020.
"WAC"
means the Washington Administrative
				Code.
"Weapons"
means an instrument or device of any
				kind that is used or designed to be used to inflict harm including, but not
				limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows
				and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices,
				or fighting implements.
Statutory Authority:
				  RCW
				     43.215.060,
				  43.215.070, and chapter 43.215
				  RCW. 12-21-050, §
										170-296A-0010, filed 10/12/12,
				  effective 11/12/12. Statutory Authority:
				  RCW
				     43.215.060,
				  43.215.070,
				  43.43.832(6),
				  chapter 43.215 RCW, and
				  2011 c
				  293 [c 295]. 11-23-068, §
										170-296A-0010, filed 11/14/11,
				  effective 3/31/12.