reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › EMOTIONAL SUPPORT AND CLASSROOM ORGANIZATION › Section 110-302-0331 - Prohibited behavior, discipline, and physical removal of children

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must take steps to prevent and, once aware of, must not tolerate:
(a) Profanity, obscene language, "put downs,"
				or cultural or racial slurs;
(b)
				Angry or hostile interactions;
(c)
				Threats of physical harm or inappropriate discipline such as, but not limited
				to, spanking, biting, jerking, kicking, hitting, slapping, grabbing, shaking,
				pulling hair, pushing, shoving, throwing a child, or inflicting pain or
				humiliation as a punishment;
(d)
				Intimidation, gestures, or verbal abuse including sarcasm, name calling,
				shaming, humiliation, teasing, derogatory remarks about a child or the child's
				family;
(e) Emotional abuse
				including victimizing, bullying, rejecting, terrorizing, extensive ignoring, or
				corrupting a child;
(f) Prevent a
				child from or punish a child for exercising religious rights; or
(g) Anyone to:
(i) Restrict a child's breathing;
(ii) Bind or restrict a child's movement
				unless permitted under WAC
				110-302-0335;
(iii) Tape a child's nose, mouth, or other
				body part;
(iv) Deprive a child of
				sleep, food, clothing, shelter, physical activity, first aid, or regular or
				emergency medical or dental care;
(v) Force a child to ingest something as
				punishment such as hot sauce or soap;
(vi) Interfere with a child's ability to take
				care of their own hygiene and toileting needs;
(vii) Use toilet learning or training methods
				that punish, demean, or humiliate a child;
(viii) Withhold hygiene care, toileting care,
				or diaper changing from any child unable to provide such care for
				themselves;
(ix) Expose a child to
				extreme temperatures as punishment;
(x) Demand excessive physical exercise or
				strenuous postures. Excessive physical exercise includes, but is not limited
				to, running laps around the yard until overly tired, an extensive number of
				pushups, having a child rest more than the child's development requires,
				standing on one foot for an uncomfortable amount of time, or holding out one's
				arms until tired or painful;
(xi)
				Place the separated child in a closet, bathroom, locked room, out of visual
				range in an approved tent, cabin, yurt or other structure; or in an unlicensed
				space; and
(xii) Use confining
				space or equipment to punish a child or restrict movement.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › EMOTIONAL SUPPORT AND CLASSROOM ORGANIZATION › Section 110-302-0335 - Physical restraint

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have written physical restraint policies pursuant to WAC
				110-302-0490, and staff must
				implement such protocols only when appropriate and after complying with all
				requirements of WAC
				110-302-0330 and
				110-302-0331.
(2) Physical restraint must only be used if a
				child's safety or the safety of others is threatened and must be:
(a) Limited to holding a child as gently as
				possible to accomplish restraint;
(b) Limited to the minimum amount of time
				necessary to control the situation;
(c) Developmentally appropriate;
				and
(d) Only performed by ONB
				providers trained in the ONB program's child restraint policy, pursuant to WAC
				110-302-0490.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › EMOTIONAL SUPPORT AND CLASSROOM ORGANIZATION › Section 110-302-0340 - Expulsion

Current through Register Vol. 24-14, July 15, 2024
(1) To promote
				consistent care and maximize opportunities for child development and learning,
				ONB providers must develop and follow expulsion policies and practices,
				pursuant to WAC
				110-302-0486.
(2) ONB providers may expel a child only if
				the:
(a) Child exhibits behavior that presents
				a serious safety concern for that child or others; and
(b) ONB program is unable to reduce or
				eliminate the safety concern through reasonable
				modifications.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0345 - Supervising children

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must allow only the following persons to have unsupervised access to a child in
				care:
(a) The child's own parent or
				guardian;
(b) Licensees or ONB
				program staff authorized by the department under chapter 110-06 WAC;
(c) A government representative including an
				emergency responder who has specific and verifiable authority for access,
				supported by documentation; and
(d)
				A person authorized in writing or by telephone by the child's parent or
				guardian such as a family friend or the child's therapist or health care
				provider.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0346 - Plant foraging activities

Current through Register Vol. 24-14, July 15, 2024
(1) All plants
				gathered by children or staff that are intended to be consumed by children must
				be clean and safe to eat. The requirements described in WAC
				110-302-0196 through
				110-302-0198 apply to plants
				gathered by children or staff that are intended to be consumed by
				children.
(2) ONB program staff
				must be able to demonstrate they have the level of knowledge necessary to:
(a) Properly identify the different plant
				species that are native to the area and region where the ONB program is
				located;
(b) Identify and avoid
				poisonous plants and plants that look similar to poisonous plants;
				and
(c) Ensure that plants are
				harvested during the correct time of year and season.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0347 - Supervising children who are climbing natural features

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				may allow children to climb natural features, including trees and
				boulders.
(2) Before allowing
				children to climb natural features, ONB providers must use and apply the
				benefit-risk assessments described in WAC
				110-302-0315(3) and 110-302-0471 to determine the
				appropriate methods to remove or mitigate the possibility of injury.
(3) To prevent injury to children, ONB
				providers must comply with the requirements described in this subsection.
(a) Staff members must remove hazardous
				objects and mitigate hazards whenever possible from the surrounding area where
				children might fall. This includes, but is not limited to, removing rocks and
				covering sharp edges or potentially harmful protrusions including harmful
				protrusions or branches that may extend from trees or stumps.
(b) Before a child or children climb on
				trees, ONB providers must inspect the trees for weak or loose branches or other
				potential hazards.
(c) ONB staff
				members must provide active supervision and be able to provide immediate
				assistance to any climbing child. To ensure adequate supervision and after
				conducting the risk assessments described in WAC
				110-302-0471, it may be necessary
				for ONB programs to limit the number of children climbing at one
				time.
(d) At all times, a staff
				member must be within reach of the midriff of a child who is climbing a natural
				feature 30 inches above the ground. A climbing child must not be allowed to
				climb out of reach of staff.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0350 - Supervising children during water activities

Current through Register Vol. 24-14, July 15, 2024
(1) During water
				activities, ONB providers must comply with the requirements described in this
				section, WAC
				110-302-0175 and
				110-302-0345.
(2) In addition to the "risk waiver"
				described in WAC
				110-302-0471:
(a) ONB providers must obtain written
				permission on a "water activity waiver" from the child's parent or guardian
				before that parents or guardian's child participates in water
				activities.
(b) ONB programs
				located within a quarter mile of an accessible body of water must obtain from
				the parent or guardian a signed "water hazard waiver."
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0351 - ONB program campfire activity supervision and safety

Current through Register Vol. 24-14, July 15, 2024
(1) To engage in a
				campfire activity, ONB providers must comply with this section and have
				permission from the landowner or park personnel to engage in campfire
				activities.
(2) ONB providers must
				have a signed and dated written permission for campfire activities from each
				child's parent or guardian in the form of a "fire hazard waiver."
(3) ONB staff must receive training on ONB
				program campfire policies and procedures before the staff may lead any campfire
				activity. To ensure the staff are able to properly build and extinguish a fire
				as described in this section, the ONB program must:
(a) Provide training campfire policies and
				procedures; and
(b) Complete
				written staff evaluations of each staff member's ability to properly build and
				extinguish a fire. The storage, preservation, and retention of the written
				staff evaluations required under this subsection must comply with WAC
				110-302-0115 and other applicable
				requirements of this chapter.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0352 - ONB program tool activity supervision and safety

Current through Register Vol. 24-14, July 15, 2024
(1) During tool
				activities, ONB providers must comply with all supervision requirements
				described in this section and WAC
				110-302-0345.
(2) ONB programs using developmentally
				appropriate tools or equipment, including ropes or sharp objects, as part of
				their curriculum must make such tools inaccessible to children when not in use
				or under active supervision.
(3)
				There must be a one-to-one (1:1) staff-to-child ratio for:
(a) Any preschool-age child who is engaged in
				a tool activity; and
(b) Any
				school-age child who is not proficient in using the tool for the
				activity.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0353 - ONB program encountering wildlife supervision and safety

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must have and follow policies that describe how to safely encounter wildlife.
				These policies must identify potentially dangerous wildlife in the ONB program
				area or location and how children and ONB program staff should appropriately
				respond to both wildlife and potentially dangerous wildlife.
(2) ONB providers must actively supervise
				children and immediately respond when potentially dangerous wildlife is seen or
				heard, or other signs are discovered or noticed.
(3) ONB programs must be in contact with
				local rangers, park officials, or other emergency response agencies if
				dangerous wildlife is in the area, and follow all state and national agency
				protocols and requirements.
(4) ONB
				programs must relocate to an approved location or close while dangerous
				wildlife is in the area.
(5) ONB
				programs must manage property and dispose of waste to prevent attracting
				wildlife.
(6) ONB programs must
				conduct encountering wildlife drills with children.
(7) ONB programs must always hike with staff
				in the front and the back of each group.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0354 - Indoor ONB program space capacity

Current through Register Vol. 24-14, July 15, 2024
For each child in attendance at ONB programs, the licensed
				  indoor space must consist of a minimum of 35 square feet per child and comply
				  with all other requirements described in this chapter.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0356 - ONB program capacity, ratio, and group size

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				has the authority to issue initial or nonexpiring ONB program licenses. The
				department will not issue an ONB license to care for more children than
				permitted by this chapter. The department may issue a license to care for fewer
				than the maximum allowable enrolled children. For each ONB program, the ONB
				license will describe:
(a) The maximum number
				of children that may be in care at any one time;
(b) The licensed capacity for each space
				within the natural area licensed for use by children; and
(c) The authorized age range of children who
				may attend the ONB program.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0357 - ONB mixed age group capacity, ratio, and group size

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must do the following to mix age groups of children in care in addition to any
				other applicable requirements of this section:
(a) Notify the department of the ONB
				program's plan to mix age groups of children and receive approval from the
				department prior to implementing this plan;
(b) Meet the square footage and
				staff-to-child ratio requirements for the youngest child in the approved mixed
				age group, even when the youngest child is not present; and
(c) Meet the health, safety, and
				developmental needs for all ages of children in the approved mixed age
				group.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM STRUCTURE AND ORGANIZATION › Section 110-302-0360 - ONB program and daily schedule

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must have established ONB programs and daily schedules that are familiar to
				children.
(2) Daily schedules must
				be designed to meet enrolled children's developmental, cultural, and special
				needs. Schedules must:
(a) Be specific for
				each age group of children, when applicable;
(b) Offer a variety of activities to meet the
				children's needs, pursuant to WAC
				110-302-0150;
(c) Provide children access to the outdoors
				for more than half of their daily ONB program schedule, and for every three
				hours of programming, pursuant to WAC
				110-302-0145, at least 30 minutes
				of the ONB program must promote a variety of age and developmentally
				appropriate active play activities for children in care;
(d) Include scheduled and consistent times
				for meal service;
(e) Include
				routine transportation times, if applicable; and
(f) Include rest periods, if
				applicable.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0400 - Application materials

Current through Register Vol. 24-14, July 15, 2024
(1) After
				completing a department approved ONB program orientation pursuant to chapter
				43.216 RCW, applicants must submit complete license application packets as
				described in this section. The application requirements described in this
				section also apply to a request for a change of ownership.
(2) Complete license application packets must
				include the following professional background information about the applicant:
(a) A completed department application
				form;
(b) A copy of the applicant's
				ONB orientation certificate that indicates the orientation was completed within
				12 months of the license application;
(c) A copy of the applicant's current
				government issued photo identification;
(d) A copy of the applicant's Social Security
				card or a sworn declaration stating that the applicant does not have
				one;
(e) The applicant's employer
				identification number (EIN) if the applicant plans to hire staff; and
(f) Employment and education verification
				information that includes, but is not limited to, diplomas, degrees,
				transcripts, or a sworn declaration stating that the applicant cannot verify
				education requirements.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0401 - Licensing fees

Current through Register Vol. 24-14, July 15, 2024
(1) The rules
				establishing licensing fees within this chapter are adopted pursuant to
				RCW
				  43.216.300.
(2) The license fee is nonrefundable and is
				due:
(a) With the applicant's initial license
				application packet; and
(b)
				Annually thereafter, 30 calendar days prior to the anniversary date of the
				license.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0402 - Changing ONB program space or location

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must notify the department prior to making a change to ONB program space or
				unlicensed space that may impact the health, safety, or welfare of enrolled
				children. Such changes include, but are not limited to:
(a) Moving an ONB program to a different
				location or facility, even if the new location is on the same
				premises;
(b) An ONB program
				altering a planned use of space including, but not limited to, the use of
				previously unlicensed areas or new location for a permanently located outdoor
				classroom;
(c) Modifying facilities
				in a way that requires a permit under the Washington state building code or by
				a local jurisdiction, such as remodeling or renovating emergency shelter
				locations;
(d) Except for ONB
				programs that enroll only school-age children and operate on public or private
				school premises, changing outdoor play areas, such as adding or altering the
				type of surface or altering stationary climbing or play equipment;
				and
(e) Any substantial
				modifications to the licensed area planned or implemented by the
				landowner.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0410 - License and program location

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants for
				a license under this chapter must be at least 18 years old.
(2) "Licensee" means the individual or legal
				entity:
(a) Whose name appears on a license
				issued by the department;
(b) Who
				is responsible for complying with chapters 43.216 RCW, 110-06 and 110-302 WAC,
				this chapter, and other applicable laws, rules, and policies; and
(c) Who is responsible for training ONB
				program staff with regard to the ONB requirements described in this
				chapter.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0415 - Zoning, codes, and ordinances

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				adopts and incorporates by reference the Washington state building code,
				chapter 19.27 RCW.
(2) Except for
				ONB programs that enroll only school-age children and operate on public or
				private school premises, the indoor licensed space must comply with the
				Washington state building code and local building code as enacted at the time
				of licensure.
(3) Facility
				modifications must comply with WAC
				110-302-0402.
(4) Prior to licensing, applicants must
				contact state, city, and local agencies that regulate ONB programs. An ONB
				provider must obtain regulations and comply with the direction given by such
				agencies. These agencies may include, but are not limited to, the Washington
				state department of labor and industries, the Washington state fire marshal,
				DOH, local health jurisdictions, public parks directors, and emergency
				management and response agencies.
(5) Before issuing a license, except for ONB
				programs that enroll only school-age children and operate on public or private
				school premises, to ONB providers who plan on using an indoor facility or
				structure for occupancy, such as a cabin or yurt, to meet the biological needs
				of children, for part of its ONB program that is not currently licensed, the
				ONB provider must:
(a) Have a certificate of
				occupancy issued by the local building, planning, or zoning department, or a
				local equivalent such as a building permit, if a locality does not have the
				certificate of occupancy; and
(b)
				Be inspected and approved by the state fire marshal or local authority as
				approved by the department; or
(c)
				If state or local government agencies are not available to conduct a fire
				safety inspection, ONB providers must inspect for fire safety using the state
				fire marshal form found at
https://www.dcyf.wa.gov/sites/default/files/pdf/el-license/CTR-Fire-Inspection.pdf
.
				The certificate of occupancy classification does not have to be E or I-4
				occupancy; however, all other considerations of fire safety must
				comply.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0420 - Prohibited substances

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must comply with chapter 70.160 RCW, which prohibits smoking in public places
				and places of employment.
(2)
				Pursuant to
				RCW
				  70.160.030, ONB providers must comply with
				the requirements described in this subsection.
(a) Prohibit smoking, vaping, or similar
				smoking activities in licensed indoor space during business and nonbusiness
				hours;
(b) Prohibit smoking,
				vaping, or similar activities in licensed outdoor space unless:
(i) The smoking, vaping, or similar
				activities occurs during non-business hours; and
(ii) The smoking, vaping, or similar activity
				occurs in an area reserved for smoking or vaping tobacco products that is not a
				"public place" or "place of employment" as defined in
				RCW
				  70.160.020.
(iii) The ONB program is operated on public
				land and the law allows members of the public to smoke in the area. If smoking
				is allowed on the public land, the ONB provider must reasonably protect
				children from second-hand smoke;
(c) Prohibit smoking, vaping, or similar
				activities in any motor vehicle that is used to transport ONB program enrolled
				children;
(d) Prohibit smoking,
				vaping, or similar activities by any ONB provider who is supervising children,
				including during field trips;
(e)
				Prohibit smoking, vaping, or similar activities within 25 feet from entrances,
				exits, operable windows, and vents, pursuant to
				RCW
				  70.160.075; and
(f) Except for ONB programs that enroll only
				school-age children and operate on public or private school premises, post "no
				smoking or vaping" signs. Signs must be clearly visible and located at each
				building entrance wherever possible pursuant to WAC
				110-302-0505. For ONB programs
				operating on private land, it is the landowner's duty to post "no smoking"
				signs.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0425 - Initial, nonexpiring, dual licenses, and license modifications

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may issue an initial license when ONB program applicants demonstrate compliance
				with health and safety requirements described in this chapter, but may not be
				in full compliance with all other requirements, pursuant to
				RCW
				  43.216.315.
(a) An initial license is valid for six
				months from the date issued.
(b) At
				the department's discretion, an initial license may be extended for up to three
				additional six-month periods, not to exceed a total of two years.
(c) The department must evaluate the ONB
				provider's ability to follow requirements contained in this chapter during the
				initial license period.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0435 - Waiver from department rules

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				cannot waive a requirement that is described or included in a state or federal
				law.
(2) Pursuant to
				RCW
				  43.216.065, the department may approve a
				waiver from a rule described in this chapter if it does not jeopardize the
				health, safety, or welfare of the children in care.
(3) ONB providers' requests for a waiver from
				a rule in this chapter must be:
(a) Submitted
				in writing to the department;
(b)
				Approved in writing by the department secretary or the secretary designee prior
				to the ONB provider implementing the waiver from the rule; and
(c) For a specific ONB program need or
				child.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0436 - Variance from department rules

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				cannot provide a variance from a requirement in state or federal law.
(2) Upon written request of an applicant,
				licensee, director, program director, assistant director, site director, or
				program supervisor, the department may grant a variance from a rule in this
				chapter if the proposed variance does not jeopardize the health, safety, or
				welfare of the children in care.
(3) Requests for a variance from these
				standards must be:
(a) Submitted in writing to
				the department;
(b) Approved in
				writing by the department secretary or the secretary's designee prior to the
				ONB provider implementing the variance from the rule; and
(c) For a specific ONB program approach or
				methodology.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0440 - Facility licensing compliance agreements, non-referral status, probationary license, and ONB provider rights

Current through Register Vol. 24-14, July 15, 2024
(1) At the
				department's discretion, when an ONB provider is in violation of chapter 43.216
				RCW or this chapter, a facility licensing compliance agreement (FLCA) may be
				issued in lieu of the department taking enforcement action. The FLCA must
				contain:
(a) A description of the violation
				and the law or rule that was violated;
(b) A proposed plan from the ONB provider or
				a designee to comply with the law or rule;
(c) The date the violation must be corrected,
				determined by:
(i) The seriousness of the
				violation;
(ii) The potential
				threat to the health, safety, and well-being to the children in care;
				and
(iii) The number of times the
				ONB program has violated this chapter or chapter 43.216 RCW;
(d) Information regarding other
				licensing action that may be imposed if compliance does not occur by the
				required date; and
(e) The
				signature of the department licensor and the licensee.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › ONB PROGRAM ADMINISTRATION AND OVERSIGHT LICENSING PROCESS › Section 110-302-0443 - Enforcement actions-Notice and appeal

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				  43.216.325, the department is authorized to
				take enforcement actions when ONB providers fail to comply with this chapter or
				chapter 43.216 RCW. Enforcement actions are taken pursuant to
				RCW
				  43.216.020,
				43.216.065, and
				43.216.250. Enforcement actions
				include civil monetary penalties and the denial, suspension, revocation,
				modification, or nonrenewal of a license.
(2) ONB providers subject to an enforcement
				action have the right to appeal by requesting an adjudicative proceeding
				pursuant to chapter 110-03 WAC, DCYF administrative hearing rules.
(3) The department must issue a notice of
				violation to ONB providers when commencing enforcement actions. A notice of
				violation must be sent by certified mail or personally served and must include:
(a) The reason why the department is taking
				the action;
(b) The rules the ONB
				provider failed to comply with;
(c)
				The ONB provider's right to appeal enforcement actions; and
(d) How the ONB provider may appeal and
				request a hearing.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0455 - Attendance records

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				may keep a child in care up to a maximum of 10 hours each day. If needed, the
				maximum time may be extended based upon the parent or guardian's work, an
				agreed upon alternate schedule, or travel to and from the ONB
				program.
(2) ONB providers must
				keep daily child attendance records, either in paper or electronic format for
				each child including the children of staff in the ONB program. These records
				must be easily accessible and kept on-site or in the ONB program's
				administrative office for department review. These records must clearly
				document:
(a) The name of the child;
(b) The date of care;
(c) Child arrival and departure times from
				the ONB program;
(d) Signature or
				electronic signature of parent, guardian or other authorized person at the time
				of arrival and departure; and
(e) A
				staff signature when a child leaves the ONB program to attend school or
				participate in off-site activities not offered by the ONB program.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0460 - Child records

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must keep current individualized enrollment and health records for all enrolled
				children, including children of staff, updated annually or as often as enrolled
				children's health records are updated.
(a) A
				child's record must be kept in a confidential manner but in an area easily
				accessible to staff.
(b) A child's
				parent or guardian must be allowed access to all of their own child's
				records.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0465 - Retaining facility and ONB program records

Current through Register Vol. 24-14, July 15, 2024
(1) ONB providers
				must keep the records required under this chapter for a minimum of three years
				unless otherwise indicated.
(2)
				Attendance records must be kept for a minimum of five years.
(3) Facility and ONB program records from the
				previous 12 months must be easily accessible and kept on-site or in the ONB
				program's administrative office for department or other state agency
				review.
(4) Records older than 12
				months must be provided within two weeks of a written request by the
				department.
(5) ONB providers must
				keep the following records available for department review:
(a) The parent or guardian
				handbook;
(b) Sleep equipment forms
				and specifications, if applicable;
(c) Food temperature logs pursuant to CACFP,
				if applicable;
(d) Child incident
				and illness logs;
(e) Vaccination
				records for pets or animals housed at the ONB, if applicable;
(f) Car insurance policy, if
				applicable;
(g) Curriculum planning
				schedule;
(h) Strengthening
				families program self-assessment or an equivalent assessment, if
				applicable;
(i) Documents from
				department visits (inspections, monitoring, compliance agreements, and safety
				plans);
(j) Land use agreements for
				ONB programs;
(k) Insurance
				policies, for ONB programs; and
(l)
				Waivers or variances from department rules, if applicable.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0470 - Emergency preparedness plan

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a written emergency preparedness plan.
				The plan must be reviewed and approved by the department prior to being
				licensed as an ONB program and prior to when the ONB provider makes substantial
				changes to the ONB program or premises. Emergency preparedness plans must:
(a) Be designed to respond to fire, natural
				disasters, and other emergencies that might affect the ONB program;
(b) Be specific to the ONB program and able
				to be implemented during hours of operation;
(c) Address what the ONB provider would do if
				a staff member has an emergency to ensure children are not left
				unsupervised;
(d) Address what the
				ONB program must do if parents are not able to get to their children for up to
				three days;
(e) Follow the
				requirements contained in chapter 212-12 WAC, Fire marshal standards and the
				state fire marshal's office requirements of an ONB program;
(f) Be reviewed at program orientation,
				annually with all ONB program staff with documented signatures, and when the
				plan is updated;
(g) Be reviewed
				with parents or guardians when a child is enrolled and when the plan is
				updated; and
(h) Apply to all
				locations where an ONB program is licensed to operate.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0471 - ONB benefit-risk assessments, risk management policies, and waivers

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and follow benefit-risk assessments and risk management plans
				approved by the department. These assessments and plans must be submitted to
				DCYF on a form provided by the department and be available for department
				review at the time of initial licensing. An amended assessment or plan cannot
				be implemented until the department has approved it. Benefit-risk assessments
				must include, but are not limited to, the following criteria:
(a) Information about the site or sites that
				will be used by the ONB program on a regular basis.
(b) Different seasons of the year such as
				summer versus winter plans, based on how conditions change within ONB sites and
				locations used by the ONB program on a regular basis.
(c) Risky play activities including, but not
				limited to, the following:
(i) Climbing
				natural features pursuant to WAC
				110-302-0146;
(ii) Water activities pursuant to WAC
				110-302-0350;
(iii) Using sharp tools pursuant to WAC
				110-302-0352;
(iv) Plant foraging pursuant to WAC
				110-302-0346;
(v) ONB program pets pursuant to WAC
				110-302-0225;
(vi) Egg collection and consumption pursuant
				to WAC 110-302-0196;
(vii) Campfire activities pursuant to WAC
				110-302-0351; and
(viii) Activities near water, cliffs, steep
				slopes, or other potentially hazardous natural features.
(d) Guidance for when increased staffing is
				necessary, and provide guidance for the development of the applicable risk
				management policies and procedures described in subsection (2) of this
				section.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0475 - Duty to protect children and report incidents

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				  26.44.030, when ONB providers have reasonable
				cause to believe a child has suffered abuse or neglect, that ONB provider must
				report such incident, or cause a report to be made, to the proper law
				enforcement agency or the department. "Abuse and neglect" has the same meaning
				here as in
				RCW
				  26.44.020.
(2) ONB providers must report by telephone to
				the listed individuals, department, and other government agencies when the ONB
				provider knows or has reason to know of an act, event, or occurrence described
				in (a) through (f) of this subsection.
(a) Law
				enforcement or the department at the first opportunity, but in no case longer
				than 48 hours:
(i) The death of a child while
				in the ONB program's care or the death from injury or illness that may have
				occurred while the child was in care;
(ii) A child's attempted suicide or talk
				about attempting suicide;
(iii) Any
				suspected physical, sexual, or emotional child abuse;
(iv) Any suspected child neglect, child
				endangerment, or child exploitation;
(v) A child's disclosure of sexual or
				physical abuse; or
(vi)
				Inappropriate sexual contact between two or more children.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0480 - Transportation and off-site activity policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a transportation and off-site activity
				policy for personal or public transportation service, or nonmotorized travel
				offered to children in care.
(a) The
				transportation and off-site activity policy must include routine trips, which
				must not exceed two hours in a vehicle per day for any individual
				child.
(b) Written parent or
				guardian authorization to transport the parent or guardian's child. The written
				authorization must be:
(i) For a specific
				event, date, and anticipated travel time;
(ii) For a specific type of trip (for
				example, transporting to and from school, or transporting to and from a field
				trip); or
(iii) For a full range of
				trips a child may take while in the ONB provider's care; and
(iv) For purposes of ONB program emergency
				preparedness, emergency trips to an alternative evacuation location.
(c) Written notices to parents or
				guardians, to be given at least 24 hours before field trips are
				taken.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0485 - Termination of services policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a termination of services
				policy.
(2) ONB providers may
				terminate a child's services due to that child's parent or guardian's inability
				to meet the expectations and requirements of the ONB program. Expectations and
				requirements of the ONB program may include unpaid bills, continual late
				arrivals, or a parent, guardian or family member's inappropriate or unsafe
				behavior in or near ONB program space.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0486 - Expulsion policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow an expulsion policy, pursuant to WAC
				110-302-0340.
(2) The expulsion policy must:
(a) Provide examples of behavior that could
				lead to expulsion from the ONB program;
(b) Detail steps the ONB provider takes to
				avoid expelling a child including, but not limited to, environmental and
				staffing changes;
(c) Detail how
				the ONB provider communicates to the parent or guardian of a child the steps
				taken under (b) of this subsection; and
(d) Include information that may benefit an
				expelled child including, but not limited to, community based
				resources.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0490 - Child restraint policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a child restraint policy that contains
				behavior management and practices, pursuant to WAC
				110-302-0335.
(2) A restraint policy must be:
(a) Appropriate for children's developmental
				level, abilities, and language skills;
(b) Directly related to the child's behavior;
				and
(c) Designed to be consistent,
				fair, and positive.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0495 - Consistent care policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a policy that promotes the consistent
				care of children.
(2) When
				possible, ONB providers must be assigned to work with a consistent group of
				children for much of the day with a goal of building long-term, trusting
				relationships.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0500 - Health policy

Current through Register Vol. 24-14, July 15, 2024
(1) ONB programs
				must have and ONB providers must follow a written health policy reviewed and
				approved by the department that includes the topics listed in subsection (2) of
				this section. The health policy must be reviewed and approved by the department
				when changes are made, and as otherwise necessary.
(2) ONB programs' health policies must comply
				with the requirements described in these standards including, but not limited
				to:
(a) A prevention of exposure to blood and
				body fluids plan;
(b) Meals,
				snacks, and food services including guidelines for food allergies and food
				brought from home;
(c) Handwashing
				and hand sanitizer use;
(d)
				Toileting;
(e) Observing children
				for signs of illness daily;
(f)
				Exclusion and return of ill children, staff, or any other person in the ONB
				program space;
(g) Contagious
				disease notification;
(h) Medical
				emergencies, injury treatment and reporting;
(i) Immunization tracking;
(j) Medication management, storage,
				administration and documentation;
(k) Care for pets and animals that have
				access to licensed space, how children may engage with pets and animals, and
				the health risks of interacting with pets and animals;
(l) How general cleaning will be provided and
				how areas such as food contact surfaces, kitchen equipment, toys, toileting
				equipment, and laundry will be cleaned, sanitized and disinfected;
(m) Pest control policies;
(n) Caring for children with special needs or
				health needs, including allergies, as listed in the child's record; and
(o) Dental hygiene practices and
				education.
Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-302 - Foundational Quality Standards for Outdoor Nature-Based Child Care › RECORDS, POLICIES, REPORTING, AND POSTING › Section 110-302-0505 - Postings

Current through Register Vol. 24-14, July 15, 2024
(1) Postings listed
				in subsection (2) of this section that are part of an ONB program must be
				clearly visible to parents, guardians, and ONB program staff whenever possible.
				ONB programs without the ability to post the information detailed in subsection
				(2) of this section must instead:
(a) Have
				available on-site and easily accessible for parent or guardian review the same
				information as described in subsection (2)(a), (b), (d), (f), (k), and (l) of
				this section.
(b) Deliver notice to
				the parents and guardians of the events described in subsection (2)(i), (l),
				and (m) of this section within 24 hours of the occurrence of such event or
				events.
(c) Have available on-site
				and easily accessible to staff the information contained in subsection (2)(a),
				(b), (c), (e), (f), (g), (h), (i), (j), and (m) of this
				section.