Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-300 - Foundational quality standards for early learning programs › PROGRAM STRUCTURE AND ORGANIZATION › Section 110-300-0358 - Capacity waiver for family home providers

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to section 313, chapter 199,
				Laws of 2021, the department may waive the limit established in
				RCW
				  43.216.010(1)(c) that
				restricts family home providers from serving more than 12 children.
(2) Family home providers must apply to the
				department in writing to request waivers to serve more than 12 children. To
				apply in writing, family home providers must use the process prescribed by the
				department.
(3) The department will
				consider the following criteria to determine whether to grant, continue, or
				rescind waivers to family home providers' total capacity of 12 children:
(a)
The licensee's years' of experience
				providing early learning services.
A family home provider must have at
				least three years' of experience to be eligible for a waiver under this
				section. To satisfy the three years' experience requirement, the family home
				provider must have served for a total of three years or more in one or more of
				the following child care roles: Center director, program supervisor, family
				home licensee, or other similar role in a child care setting.
(b)
Available square footage:
(i) There must be at least 35 square feet of
				licensed, accessible indoor space for each child included in the total
				capacity.
(ii) There must be an
				additional 15 square feet of licensed, accessible indoor space for each infant
				or toddler included in the total capacity.
(iii) There must be at least 75 square feet
				of licensed, accessible outdoor space for each child included in the total
				capacity. Alternatively, a family home provider may develop a plan to rotate
				groups of children to play outdoors or a department-approved plan to use an
				off-site play area.
(c)
Staffing qualifications:
(i) The
				licensee must have an ECE short certificate or equivalent when operating with
				13 or more children. When the licensee is not on-site, they must designate a
				person on-site who meets the requirements of this subsection to manage the
				early learning program.
(ii) In
				addition to the requirements in (c)(i) of this subsection, at least one staff
				person or volunteer working on-site must have an ECE initial certificate or
				equivalent when operating with 13 or more children.
(d)
Staff-to-child ratios and age group
				limits:
(i) A family home provider
				licensed to care for children ages two years old and above must not exceed a
				maximum staff-to-child ratio of 1:8 when operating with 13 or more
				children.
(ii) A family home
				provider licensed to care for children under two years of age must not exceed a
				maximum staff-to-child ratio of 1:6 when operating with 13 or more
				children.
(iii) A family home
				provider licensed to care for children under two years of age may have up to
				six children under two years of age attend at any one time under the following
				conditions:
(A) Five children under two years
				of age may attend at any one time if at least one of those children can walk
				independently;
(B) Six children
				under two years of age may attend at any one time if at least two of those
				children can walk independently.
(iv) A family home provider licensed to care
				for children under two years of age must not have more than six children under
				two years of age attend at any one time;
(e)
The intended use of licensed
				space.
Plans to use the space must include details regarding napping,
				supervision, and diapering, if applicable.
(f)
The emergency preparedness
				plan.
The emergency plan must account for the total capacity of children
				requested.
(g)
The number of
				working, accessible toilets and sinks.
(i) There must be a ratio of at least one
				working flush toilet and one handwashing sink for every 15 household members,
				staff, and requested capacity of children.
(A)
				A child in diapers does not count for purposes of toilet calculations until the
				child begins toilet training.
(B)
				Staff persons and household members may use toilets and hand-washing sinks
				located outside of licensed space on the premises.
(ii) A family home provider whose facility
				relies on a private septic system must provide to the department verification
				from the local health jurisdiction the system can accommodate the total number
				of household members, staff, and requested capacity of
				children.
(h)
The
				provider's licensing history.
(i)
The number and variety of early
				learning materials.
For the total capacity requested there must be a
				sufficient number and variety of materials to engage children in the early
				learning program.
(j)
The
				total capacity the provider is requesting.