(g) Copy of the federal Internal Revenue Service letter showing the applicant's employer identification number (EIN) if the applicant plans to employ staff; (h) Tuberculosis test results or required documentation for the license applicant, each staff person, and household members sixteen years old or older. See WAC ; (i) Copy of first-aid/CPR training and HIV/AIDS training certificates for the license applicant and each staff person required to complete such training as described in WAC and ; (j) Copy of the license applicant's state food handler permit as described in WAC ; (k) Completed background clearance forms for the license applicant and each staff person, household members sixteen years old and older, and anyone sixteen years and older based on your licensed capacity, and is: (i) For new licenses issued before July 1, 2011, or for licensees whose annual license fees are due before July 1, 2011, one hundred dollars per year for the first twelve children plus eight dollars for each additional child over the licensed capacity of twelve children; or (ii) For new licenses issued after June 30, 2011, or for licensees whose annual license fees are due after June 30, 2011, one hundred twenty-five dollars per year for the first twelve children, plus twelve dollars for each additional child over the licensed capacity of twelve children; (b) If the center is solely owned by you, a copy of your: (i) Photo identification issued by a government entity; and A copy of Social Security card or sworn declaration stating that the applicant does not have one; Employer Identification Number (EIN) if applicant plans to hire staff; and Employment and education verification. For example, diploma, transcripts, or a sworn declaration stating that the applicant cannot verify education requirements. Weight #1 Information about the facility to be licensed: A floor plan, including use of proposed licensed and unlicensed space, with identified emergency exits and emergency exit pathways; Certificate of Occupancy, if applicable; An on-site septic system inspection report within six months of license application, if applicable;
who may have unsupervised access to the children in care; (l) A completed noncriminal background check application form for each assistant and volunteer fourteen to sixteen years of age, and each individual age thirteen to sixteen residing in the home; (m) Parent, staff and operation policies (handbooks). See WAC , , , and ; (n) Floor plan, including proposed: (i) Licensed space; (ii) Licensed space usage; (iii) Evacuation routes and emergency exits; (iv) Unlicensed space; (v) Licensed space used specifically for sleeping infants, if applicable; and (vi) Licensed space used for sleeping children for overnight care, if applicable. (ii) Social Security card that is valid for employment or verification of your employer identification number; (c) If the center is owned by a corporation, verification of the corporation's employer identification number; (d) An employment and education resume for: (i) The person responsible for the active management of the center; and (ii) The program supervisor; (e) Diploma or education transcript copies of the program supervisor; (f) Three professional references each, for yourself, the director, and the program supervisor; (g) Articles of incorporation if you choose to be incorporated; Well water coliform and nitrate testing results within six months of license application, if applicable; A lead or arsenic evaluation agreement, only for sites located in the Tacoma smelter plume (counties of King, Pierce, and Thurston); and Lead and copper test results for drinking water. Weight #1 Program days and hours of operation, including closure dates and holiday observances; Weight #1 Information about early learning program staff: List of applicant, staff persons, volunteers and household members, if applicable, required to complete the background check process as outlined in chapter 170-06 WAC; Resume for applicant, Center Director, Assistant Director, Program Supervisor, and Family
(o) Septic system inspection report if applicable under WAC ; (p) Well water testing report if applicable under WAC ; (q) Lead or arsenic evaluation agreement, only if the home is located in the Tacoma smelter plume under WAC ; and (r) The license fees and other fees under WAC . (3) If there will be more than one individual whose name will appear on the license, each individual license applicant must provide information required in subsection (2)(b) through (f) and (2)(h) through (k) of this section. WAC 170-296A-1275 Initial license application processing. (1) The department may take up to ninety days to process an initial license application. The ninety days begins when the license applicant's signed and dated license (h) List of staff (form is provided in the application); (i) Written parent communication (child care handbook); (j) Copy of transportation insurance policy (liability and medical); (k) In-service training program (for facilities employing more than five persons); (l) A floor plan of the facility drawn to scale; (m) A copy of your health care plan reviewed and signed by an advisory physician, physician's assistant, or registered nurse; (n) A copy of your policies and procedures that you give to parents; and (o) A copy of your occupancy permit. (3) You must submit to the department a completed background check form for all persons required to be Home Lead Teacher, if applicable; and Three letters of professional reference for Applicant, Director, Assistant Director, Program Supervisor, and Family Home Lead Teacher. Weight #1 An applicant must include the following policy documents with the application, which will be reviewed by the department and returned to the applicant: Parent and program policies; Staff policies; An emergency preparedness plan; Health policies; and A plan to prevent exposure to blood and body fluids. Weight #1 An applicant must submit the completed application packet at least 90 calendar days prior to the planned opening of the early learning program. The department will inspect the early learning program space and approve all application submissions required in this chapter prior to issuing a license.
application packet, fees and background check forms have been received by the department. (2) If an incomplete application packet is submitted, the department will inform the license applicant of the deficiencies and provide a time frame for the applicant to provide the required information. If an application remains incomplete after ninety days the department may deny the license. authorized by DEL to care for or have unsupervised access to the children in care under chapter WAC; and (4) You must submit your application and reapplication ninety or more calendar days before the date: (a) You expect to open your new center; (b) Your current license is scheduled to expire; (c) You expect to relocate your center; (d) You expect to change licensee; or (e) You expect a change in your license category. The 90 calendar days begins when the department receives a complete application packet. Incomplete application packets will be returned to the applicant for completion. An applicant who is unable to successfully complete the application and licensing process within 90 calendar days may withdraw the application and reapply when the applicant is able to meet the licensing requirements. An applicant who is unable to meet the application requirements and has not withdrawn his or her application will be denied a license, pursuant to RCW 43.215.300. Weight #1 Justification: Common sense revisions regarding applications for a license are included in the proposed revision, specifically, submission of the complete license application and that incomplete application is returned to the applicant for completion. This approach assures that potential licensees have a firm understanding of the expectations and requirements prior to becoming a licensee and that a smooth, efficient and orderly process is in place.
Licensing Process – Application fees Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices Fees—When due. License Fees (1) The annual family home child care license fee is thirty dollars, or as otherwise set by the legislature; (2) The license fee is nonrefundable and is due: (a) With the license applicant's initial license application packet; and (b) Annually thereafter, thirty days prior to the anniversary date of the license. (3) Payment must be in the form of a check or money order. WAC 170-295-0090 Initial and nonexpiring full licenses—Licensing fees (8) Fees are due with applications for initial licenses or continuations of a nonexpiring full license. (9) The department does not process an application or continuation until the applicant or licensee, as applicable, has paid the required fee. (10) Applicants or licensees can pay licensing fees for: (a) A minimum of one year; or (b) Multiple years. (11) Applicants and licensees pay their fees by mailing a check or money order for the required amount to the department. (12) If there is a change in a facility that places the facility in a different fee category, the department prorates the additional fee amount over the remainder of the license period. 170-300-0401 Application fees. (1) The rules establishing licensing fees within this chapter are adopted pursuant to RCW 43.215.255. Weight NA (2) The license fee is nonrefundable and is due: With the early learning applicant's initial license application packet; and Annually thereafter, 30 calendar days prior to the anniversary date of the license. Weight #1 Payment must be in the form of a check, credit or debit card, or money order. Weight NA The annual fee for family home early learning programs is thirty dollars, or as otherwise set by the legislature. Weight NA The annual fee for center early learning programs is one
Licensing Process - Changing early learning program space or location Family Home WAC WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-1475 Moves. If the licensee moves the child care to a different residence than currently licensed, even if located on the same premises, the department must inspect the new location and must approve that it meets the requirements of this chapter. (1) The licensee must: (a) Notify the department of a proposed move and the date the licensee plans to move; (b) Submit an application before the move, as soon as the licensee plans to move and has an identified address, but not more than ninety days before moving; and (c) Not operate more than two weeks following the move as provided by statute without a department inspection of the new location. (2) If the licensee moves and does not notify the department, or submits an application after a move, the license becomes invalid and is closed by the department effective on the 170-300-0402 Changing early learning program space or location. An early learning provider must notify the department prior to making a significant change to early learning program space. Significant changes include, but are not limited to: Moving child care or early learning programs to a different residence, building, or facility, even if it is located on the same premises; A center early learning program altering planned use of space not previously approved by the State Fire Marshal or the department; Making structural changes such as remodeling or renovating classroom space; or Changing outdoor play areas such as adding or significantly altering climbing or play equipment. Weight #5 An early learning provider must submit to the department a proposed floor plan prior to making a significant change, pursuant to
date of the move. If the license is closed, the licensee must submit a new application for licensure under WAC to reinstate the license. WAC 170-296A-1300 Withdrawing an incomplete application (1) If the license applicant is unable to successfully complete the licensing process within ninety days the license applicant may withdraw the application and reapply when the applicant is able to meet licensing requirements. (2) A license applicant who has not withdrawn his or her incomplete application and is unable to meet the application requirements will be denied a license. See RCW . WAC 170-296A-1400 (2) If there are no local health jurisdiction requirements for periodic water testing, the licensee must have the water tested for coliform bacteria and nitrates by the local public health authority or private testing laboratory certified to analyze drinking water samples under chapter WAC: (a) Within six months prior to submitting an initial license application under WAC ; subsections (1)(b) and (1)(c) of this section. Weight #5 An early learning provider planning a significant change under subsection (1)(a) of this section must: Submit a complete application, pursuant to WAC 170-300-0400, as soon as the provider plans to move and has an identified address, but not more than 90 calendar days before moving; Not significantly change or move a center early learning program until the department has first inspected the new location and determines it meets the requirements in this chapter and RCW 45.215.260; and Not operate a family home early learning program for more than two weeks following the move without first having the department inspect the new location, pursuant to RCW 45.215.260. Weight #6 Justification:
Licensing Process – License and program location Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-1050 The licensee. (1) (d) Responsible for the overall management of the licensed family child care home; (e) Responsible for complying with the standards in this chapter, chapter RCW, chapter WAC DEL background check rules, and other applicable laws or rules; and (f) Responsible for training staff on the licensing standards in this chapter. (2) The licensee must comply with all requirements in this chapter, unless another code or ordinance is more restrictive. Local officials are responsible for enforcing city or county ordinances and codes, such as zoning, building or environmental health regulations. WAC 170-296A-1360 WAC 170-295-0060 What are the requirements for applying for a license to operate a child care center? (1) To apply or reapply for a license to operate a child care center you must: (a) Be twenty-one years of age or older; 170-295-0150 Where can I locate my child care center or facility? (1) You must locate your child care center: (a) On an environmentally safe site; (b) In a neighborhood free of a condition detrimental to the child's welfare; and Adopted Permanent Rule 170-300-0410 License and program location. (1) An applicant for a license under this chapter must be at least 18 years old. Weight #1 (2) A licensee refers to the individual or organization: (a) Whose name appears on a license issued by the department; (b) Responsible for complying with the standards in this chapter, chapter 43.215 RCW including but not limited to liability insurance requirements pursuant to 43.215.535, chapter 170-06 WAC (DEL background check rules) and other applicable laws or rules; and (c) Responsible for training early learning program staff on the Foundational Quality Standards in this chapter. Weight NA (3) An early learning provider must comply with and implement all requirements in
Lead and arsenic smelter plume A license applicant who lives in the designated Tacoma smelter plume (counties of King, Pierce, and Thurston) must contact the state department of ecology (DOE) and complete a signed access agreement with DOE for further evaluation of the applicant's property and possible arsenic and lead soil sampling. WAC 170-296A-2750 House numbers The licensee must place house numbers or address where the numbers are legible and plainly visible from the street or road in front of the premises. WAC 170-296A-2800 Access for emergency vehicles The licensed family home child care must be accessible to emergency vehicles. WAC 170-296A-4000 Lead, asbestos, arsenic, and other hazards The licensee must take action to prevent child exposure when the licensee becomes aware that any of the following are (c) In a location accessible to other services to carry out the program. (2) Your child care must be located in an area that is serviced by emergency fire, medical and police during the hours the children are in care. (3) The location of your site must be approved by the local planning department, your state fire marshal, and us. WAC 170-295-5020 You must maintain the building, equipment and premises in a safe manner that protects the children from injury hazards including but not limited to: this chapter unless another code or ordinance is more restrictive (for example: a local municipal, building, or health authority code). Weight #5 (4) Early learning program space must be located: (a) On a site free from environmental hazards; (b) In an area where non-emergency services and utilities can serve the early learning program space; and (c) In an area served by emergency fire, medical, and police during the hours the early learning provider provides care to children. Weight #7 (5) An early learning provider must prevent child exposure to the following within and around the licensed premises: Lead based paint; Plumbing and fixtures containing lead or lead solders; Asbestos; Arsenic, lead, or copper in the soil or drinking water; Toxic mold; and Other identified toxins or hazards. Weight #8 (6) An early learning provider must place address numbers on the outside of the house or building containing the early
(residential), division 3 occupancy structure by the state building code adoption of the international residential code. WAC 170-296A-2550 Requesting local fire department visit (1) The licensee must request the local fire department to visit the home to become familiar with the facility and to assist in planning evacuation or emergency procedures. (2) If the local fire department does not provide this service, the licensee must have written documentation on file that the request was made. jurisdiction to determine if local ordinances are different than our standards. If you encounter conflicts or differing interpretations, contact us immediately. (3) We must notify the local planning office of your intention to operate a child care center within the local jurisdiction. (4) Other state agencies such as labor and industries, the Fire Marshal and the department of health have regulations that apply to child care centers. You are responsible to contact those agencies to obtain their regulations. The other agencies are responsible to monitor and enforce their regulations. familiar with the environment and to assist in planning evacuation or emergency procedures. Weight #1 If the local fire department does not provide this service, the applicant must have written documentation on file that this request was made. Weight #1 (4) A building used by a center early learning program is considered a group E or an I-4 occupancy, as adopted by the State Building Code Council. Center early learning program buildings must meet the requirements in the International Building Code (chapter 51-50 WAC) and International Fire Code (chapter Weight NA (5) Prior to licensing, a center early learning applicant must: Have a certificate of occupancy issued by the local building, planning, or zoning department, or a local equivalent if locality does not have the certificate of occupancy; and Be inspected and approved by the State Fire Marshal if a center early learning program. Weight #1 Justification: As part of the Early Start Act alignment, the Department of Early Learning analyzed all existing licensing, both family home and center rules. The issues identified included duplication, inconsistency, dual language learners (DLL), inclusion and equity, and underscored the importance of the connections between policy, practice, and reporting. There was an identified need to have consistent and clear connections in early learning programs in order to best support providers and the children
Licensing Process – Prohibited substances Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-4025 Drugs and alcohol The licensee, staff, volunteers, or household member must not, or allow other to: (a) Have or use illegal drugs on premises; (b) Consume alcohol during operating hours; or (c) Be under the influence of alcohol, illegal drugs or misused prescription drugs when working with or in the presence of children in care. The licensee must keep and store all alcohol, including closed and open containers, WAC 170-295-6050: What substances are prohibited in the child care center or on the premises? (1) You, your staff, parents, and volunteers must not be under the influence of, consume, or possess an alcoholic beverage or illegal drug while on the child care premises or during work hours while you are responsible for children in care. (2) You, your staff, parents, and volunteers must not smoke: (a) Inside the center building; (b) While supervising children outdoors; or (c) In a motor vehicle while transporting children. (3) You, your staff, parents, and volunteers may smoke outdoors, off the premises 170-300-0420 Prohibited substances. An early learning provider must prohibit the use of tobacco, cannabis, and vapor products, pursuant to RCW 70.160. Smoking is prohibited: In any indoor or outdoor licensed space; Within 25 feet of any entrance, exit, window, or ventilation intake of the early learning program and in view of children; In motor vehicles used to transport children during business hours; While the provider is off site but responsible for supervising children, such as during field trips; and In family home early learning programs, smoking
inaccessible to children. WAC 170-296A-4050 No smoking (1) As required by chapter 70.160 RCW, the licensee must, under the following conditions, prohibit smoking by anyone during operating hours: (a) Inside the home; (b) In any outdoor or indoor licensed space; (c) Within twenty-five feet from any entrance, exit, window, or ventilation intake of the home; or (d) In motor vehicles while transporting children. (2) The licensee must keep tobacco products, cigarettes and containers holding cigarette butts, cigar butts, or ashes inaccessible to the children. and out of view of the children. is prohibited during operating hours. Weight #8 (2) An early learning provider must: (a) Keep and store tobacco or vapor products, cigarettes or cigars and containers holding cigarettes or cigars, cigarette or cigar butts, or ashes inaccessible to children; (b) Not allow anyone on the premises, including all staff, volunteers and, when applicable, household members to consume or be under the influence of alcoholic beverages, cannabis, illegal drugs, or misused prescription drugs while children are in care; (c) Keep cannabis and associated paraphernalia out of the licensed child care space; and (d) Keep and store alcohol, including open and closed containers, inaccessible to children. Weight #8
Licensing Process – Initial, non-expiring, and dual licenses and license modification Family Home WAC Center WAC Proposed WAC revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-1430 Initial license. An applicant who demonstrates compliance with health and safety requirements of this chapter, but may not be in full compliance with all requirements, may be issued an initial license. (1) An initial license is valid for six months from the date issued. (2) 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. (3) The department may limit the number of children or ages of children that the licensee may care for (capacity) under an initial license based on the WAC 170-295-0090 Initial and nonexpiring full licenses—Licensing fees. The department may issue an initial license to centers that have not yet begun providing care, but are accepting applications for potential clients. (1) The department may issue an initial license when an applicant can show that he or she is following the rules regarding the child's health and safety. (2) The department may issue an initial license if an applicant has not yet opened for business, and so is not yet able to show that he or she is complying with the rules pertaining to: (a) Staff to child interactions; (b) Group size and staff to child ratios; (c) Behavior management and discipline; (d) Activity programs; 170-300-0425 Initial, non-expiring, and dual licenses and license modification. (1) The department may issue an initial license when an early learning program applicant demonstrates compliance with health and safety requirements of this chapter but may not be in full compliance with all requirements, pursuant to RCW 43.215.280. (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 early learning provider's ability to follow requirements contained in this chapter during the
during the period of initial licensure. WAC 170-296A-1450 Nonexpiring full license (1) To qualify for a nonexpiring full license, a licensee must submit the following to the department on an annual basis, at least thirty calendar days prior to the anniversary date of the license. The anniversary date is the date the licensee's first initial license is issued: (a) The annual nonrefundable license fee as provided in WAC (1); (b) A declaration to the department on a form indicating: (i) The licensee's intent to continue operating a licensed family home child care; or (ii) The licensee's intent to cease operation on a date certain. (c) A declaration on a department-approved form that the licensee is in compliance with all department licensing rules; and chapter at any time during the period of initial licensure; (b) Demonstrates substantial compliance with the other requirements of this chapter at any time during the period of initial licensure; and (c) Meets the requirements for a nonexpiring full license as provided in WAC . (7) The department must deny a nonexpiring full license to a licensee operating under an initial license who does not demonstrate the ability to comply with all rules contained in this chapter during the period of initial licensure. 170-295-0095 Nonexpiring full license (1) To qualify for a nonexpiring full license, a licensee must submit the following to the department on an annual basis thirty days prior to the anniversary date of the license. The anniversary date is the date the licensee's first initial license was issued: (a) An annual nonrefundable licensing fee; (b) A declaration to the department on a form indicating: The intent to continue operating a licensed early learning program; The intent to cease operation as a licensed early learning program; A change in the early learning program’s operational hours or dates; or The intent to comply with all licensing rules. Documentation of completed background check applications as determined by the department’s established schedule, pursuant to RCW 43.215.215(2); and For each individual required to have a background check clearance, the early learning provider must verify current background checks or require the individual to submit a background check application at least 30 calendar days prior to the anniversary date. Weight NA
comply with the rule or law; (c) The date the violation must be corrected; (d) Information regarding other licensing action that may be imposed if compliance does not occur by the required date; and (e) Signature of the licensor and licensee. (2) The licensee must return a copy of the completed facility license compliance agreement to the department by the date indicated when corrective action has been complete. (3) The licensee may request a supervisory review regarding the violation of rules or laws identified on the facility license compliance agreement. exploited, abandoned a child or allowed such persons on the premises as defined in chapter 26.44 RCW; (b) Have been convicted of, or have charges pending for, crimes on the DEL director’s list under WAC 170-06-0120; (c) Have had a license denied, suspended, or revoked for the care of adults or children in this state or any other state. However, if you demonstrate by clear and convincing evidence that you have taken enough corrective action and rehabilitation to justify the public trust to operate the center according to the rules of this chapter, we consider issuing you a license; (d) Commit or allow illegal act to be committed on the licensed premises; (e) Allow children in your care to be abused, neglected, exploited, or treated with cruelty or indifference; (f) Use illegal drugs; (g) Use alcohol to the extent that it interferes with your ability to provide care for the children as required by this violated rules in this chapter or under chapter 43.215 RCW. (d) Information regarding other licensing action that may be imposed if compliance does not occur by the required date. (e) The signature of the department licensor and the provider. Weight NA (2) An early learning provider must return a copy of the completed FLCA to the department after corrective action has been completed and by the date indicated. Weight #1 (3) An early learning provider may request a supervisory review regarding the violation of laws or rules within ten calendar days of the violation being identified on the FLCA. Weight #1 (4) A FLCA is not subject to appeal under chapter WAC (DEL hearing rules). Weight NA (5) In an enforcement action against an early learning program or provider, the provider has the right to: (a) Refuse to accept or sign a FLCA. (b) Refuse to agree to a probationary license. Weight NA
(3) The number of times the licensee has violated rules in this chapter or requirements under chapter 43.215 RCW. numbers, ages, or characteristics of children in care; (c) Allow a person who is not qualified by training, experience or temperament to care for or be in contact with children in care; (d) Fail to provide adequate supervision to children in care; (e) Do not exercise fiscal responsibility and accountability while operating the center; (f) Knowingly allow an employee or volunteer on the premises that has made false statements on an application for employment or volunteer service; (g) Refuse to supply additional information requested by us; (h) Fail to pay fees when due; (i) Fail to comply with the minimum licensing requirements set forth in this chapter or any provision of chapter 43.215 RCW; or (j) Provide care on the premises for children of an age different from the ages (b) History of noncompliance with licensing rules; (c) Current noncompliance with licensing rules; (d) Fire safety inspection or health/sanitation inspection report that failed to gain approval; (e) Use of unauthorized space for child care; (f) Inadequate supervision of children; (g) Understaffing for the number of children in care; (h) Noncompliance with requirements addressing children’s health, proper nutrition, discipline, emergency medical plan, sanitation or personal hygiene practices; and (i) Any other factors relevant to the specific situation and consistent with the intent or purpose of chapter 43.215 RCW. Weight NA (10) When the department issues a probationary license, the early learning provider must: (a) Provide notice of the probationary license and a copy of the department’s probationary licensing agreement to the parents and guardians of enrolled
withdrawn or reduced if the licensee comes into compliance during the notification period in WAC 170-296A-8075. (5) When a fine is assessed the licensee has the right to a hearing under chapter 170-03 WAC. The fine notice will include information about the licensee’s hearing rights and how to request a hearing. WAC 170-296A-8060 When fines are levied The department may base a fine for violation of a rule under this chapter or a requirement in chapter 43.215 RCW, according to whether the licensee: (1) Has allowed the existence of any condition that creates a serious safety and health risk; (2) Or any staff person or household member uses corporal punishment or technical assistance services provided by the department or by others; and (f) Information about how the licensee can request an extension to the date to be in compliance, if the department decides he or she has a good reason. The length of time the department establishes for the licensee to come into compliance depends on: (a) The seriousness of the violation; (b) The potential threat to the health, safety and welfare of children in the licensee’s care; or (c) If the licensee has had previous opportunities to correct the deficiency and has not done so. The department uses the following criteria to determine if the department imposes a civil fine based on, but not limited to, these reasons: (a) The child care center has previously been subject to enforcement action for the same or similar type of violation for the same statute actions and enforcement actions may be taken separately or together. Weight NA The department uses a scoring approach to determine when to assess compliance actions or enforcement actions depending on the weight and number of times a rule is violated. The department shall take compliance actions or enforcement actions against an early learning provider based on a provider’s single finding scores (step one) or overall licensing score (step two). Weight NA An early learning provider’s single finding score is determined during a site visit using the individual weights assigned to rules a provider fails to comply with. Rules that a provider fails to comply with and the corresponding
humiliating methods of control or discipline; (3) Or any staff person fails to provide the required supervision; (4) Fails to provide required light, ventilation, sanitation, food, water, or heating; (5) Provides care for more than the highest number of children permitted by the license; or (6) Repeatedly fails to follow the rules in this chapter or the requirements in chapter 43.215 RCW. As used in this section, “repeatedly” means a violation that has been the subject of a facility licensing compliance agreement that occurs more than once in a twelve-month time period. WAC 170-296A-8075 Fines – Payment period A fine must be paid within twenty-eight calendar days after the or rule; or (b) The child care center has previously been given notice of the same or similar type of violation of the same law or rule; or (c) The violation represents a potential threat to the health, safety, and/or welfare of children in care. The department may impose a civil fine in addition to or at the same time as other disciplinary actions against a child care center. These include probation, suspension, or other action. A licensee must pay any civil fines no more than days after receiving the notice that he or she has a fine. The department may specify a later date. The department may waive the fine if the licensee’s center comes into compliance during the notification period. A licensee must post the final notice of civil fine in a noticeable place in his or her center. The notice must remain posted until the department notifies the weights of those rules are recorded on a Facility Licensing Compliance Agreement (FLCA) and are transferred to the department’s electronic database. Weights reflect the level of potential risk or danger to children in the early learning setting. Rules that carry a weight of one or two points do not result in compliance or enforcement actions under a single finding score but do contribute to a provider’s overall licensing score. Weight NA An overall licensing score represents an early learning provider’s record of compliance with this chapter over the previous 36 months. The weights recorded on FLCAs within the previous three calendar eight
licensee receives the notice unless: (1) The department approves a payment plan if requested by the licensee; or (2) The licensee request a hearing as provided in RCW 43.215.307(3) WAC 170-296A-8100 Notice of fine – Posting The licensee must post the department letter notifying the licensee of a final notice of a civil penalty; (1) Immediately upon receipt; (2) In the licensed space where it is clearly visible to parents and guardians; and (3) For two weeks or until the violation causing the fine is corrected, whichever is longer. WAC 170-296A-8125 Failure to pay a fine – Department action If the licensee fails to pay a fine within calendar days after licensee that the department has received the payment. Each violation of a law or rule is a separate violation. The department may penalize each violation. The department may impose a penalty for each day the violation continues or as a flat amount of the maximum allowable penalty. If the licensee fails to pay a fine within ten days after the assessment becomes final, the department may suspend, revoke, or not continue his or her license. Licensees have the right to a hearing when the department assesses a civil fine under RCW 43.215.307 and chapter WAC. WAC 170-295-0120 How much can I be fined? We can impose a civil fine for the following: If we determine that an agency or child care center is operating without a license we may assess a fine of two hundred fifty dollars per day for each day you provide unlicensed child care. A fine is effective and payable within years are recorded in the department’s electronic database. Overall licensing scores range from a low of zero points to a high of 151 points or more (151+). The overall licensing score is the sum of: A provider’s most recent monitoring visit score; All single finding scores from licensing visits in the previous 12 months; and One half the value of: The two monitoring visit scores prior to that in subsection (a) of this section; and All single finding scores from 24 months prior to those in subsection (b) of this section. Weight NA
Licensing Process – Enforcement actions, notice, and appeal Family Home WAC Center WAC Proposed WAC revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-8150 Denial, suspension, revocation, modification, or noncontinuation of a license. A license may be denied, suspended, modified, revoked or not continued when the licensee fails to comply with the requirements in this chapter or any provisions of chapter 43.215 RCW. WAC 170-296A-8175 Violations – Enforcement action The department may deny, suspend, revoke, or not continue a license when: (1) The licensee is unable to provide the required care for the children in a way that promotes their health, safety and well-being; (2) The licensee is disqualified under chapter WAC (DEL background check rules); (3) The licensee or household member has been found to have committed child abuse or child neglect; (4) The licensee has been found to allow staff or household members to commit child abuse or child neglect; (5) The licensee has a current charge or conviction for a disqualifying crime under WAC 170-06-0120; WAC 170-295-0140 Probationary licenses The department may issue a probationary license to a licensee in accordance with the process provided in RCW 43.215.290, based on the following factors: (a) The licensee’s willful or negligent failure to comply with the regulations; (b) The licensee’s history of noncompliance with the regulations; (c) How far the licensee deviates from the 170-300-0443 Enforcement actions, notice, and appeal. Pursuant to RCW 43.215.300, the department is authorized to take enforcement actions when an early learning provider fails to comply with this chapter or chapter 43.215 RCW. Enforcement actions are taken pursuant to the scoring system described in this chapter, or pursuant to RCW 43.215.040,.070, and .200. Enforcement actions include civil monetary penalties (fines) or the denial, suspension, revocation,
(6) There is an allegation of child abuse or neglect against the licensee, staff, or household member. (7) The licensee fails to report to DSHS children’s administration intake or law enforcement any instances of alleged child abuse or child neglect; (8) The licensee tries to obtain or keep a license by deceitful means, such as making false statements or leaving out important information on the application; (9) The licensee commits, permits or assists in an illegal act at the child care premises; (10) The licensee uses illegal drugs or alcohol in excess, or abuses prescription drugs; (11) The licensee knowingly allowed a staff or household member to make false statements on employment or background check application related to their suitability or competence to provide care; (12) The licensee fails to provide the required level of supervision for the children in care; (13) The licensee cares for more children than the maximum number stated on the license; (14) The licensee refuses to allow department authorized staff access during child care operating hours to: (a) Requested information; (b) The licensed space; (c) Child, staff or program files; or (d) Staff or children in care. (15) The licensee is unable to manage the property, fiscal responsibilities or staff in the facility; regulations; (d) Evidence of the licensee’s good faith effort to comply with the regulations; and (e) Any other factors relevant to the licensee’s unique situation. The department may issue a probationary license to a licensee when the willful or negligent violation of the licensing requirements does not present an immediate threat to the health and well being of the children, but would be likely to do so if allowed to continue. The department may also issue civil fines or other sanctions in this case. Such situations can modification, or nonrenewal of a license. Weight NA An early learning provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or “hearing”) pursuant to chapter 170-03 WAC (DEL hearing rules). Weight NA The department must issue a notice of violation to an early learning provider when taking enforcement actions. A notice of violation must be sent by certified mail or personal service and must include: The reason why the department is taking the action; The rules the provider failed to comply with;
department notice will include information on hearing rights and how to request a hearing. WAC 170-296A-8250 Probationary license A probationary license may be issued to a licensee operating under a nonexpiring full license as part of a corrective action plan. The department refers the licensee for technical assistance as provided in RCW 43.215.290 prior to issuing a probationary license. WAC 170-296A-8275 Probationary license – Cause A department decision to issue a probationary license must be based on the following: (1) Negligent or intentional noncompliance with the licensing rules; (2) A history of noncompliance with the licensing rules; (3) Current noncompliance with the licensing rules; or (4) any other factors relevant to the specific situation and consistent with the intent or purpose of chapter 43.215 RCW WAC 170-296A-8300 Issuing a probationary license When the department issues a probationary license, the licensee must: (1) Provide the parents and guardians of enrolled children notice of the probationary license in a department approved format within five working days of the licensee receiving the probationary license; personal hygiene practices. Licensees are required to notify parents when a probationary license is issued. The licensee must: (a) Notify in writing the parents or guardians of all children in care that the center is in probationary status. This notification must be within five working days of receiving notification of being placed on probationary status or being issued a probationary license. The department must approve the notification before the licensee sends it; and (b) Provide documentation to Withdrawn or reduced if an early learning provider comes into compliance during the notification period. Weight NA An early learning provider must pay fines within 28 calendar days after receiving a notice of violation unless: The provider requests and the department approves an alternate payment plan; The Office of Financial Recovery establishes a payment plan for the provider; or The provider requests a hearing, pursuant to
(2) Provide documentation to the department that parents or guardians of enrolled children have been notified; (3) Inform new parents or guardians about the probationary status before enrolling new children; (4) Post documentation of the approved written probationary license as required by RCW 43.215.525; and (5) Return the licensee’s nonexpiring full license to the department. WAC 170-296A-8325 Refusing a FLCA or probationary license. The licensee has the right to: (a) Refuse or refuse to sign a facility licensing compliance agreement; or (b) Refuse to agree to a probationary license. Refusing a facility license compliance agreement or probationary license may result in one of the following enforcement actions: (a) Modification of the license; (b) Noncontinuation of a nonexpiring full license; (c) Suspension of the license; or (d) Revocation of the license WAC 170-296A-8400 Hearing process Department notice of an enforcement action includes information about the individual’s or licensee’s right to request an the department that parents or guardians of all children in care have been notified. The licensee must provide this documentation within ten working days of being notified that he or she has been issued a probationary license. A probationary license may be issued for up to six months and may be extended at the department’s discretion for an additional six months. chapter WAC (DEL hearing rules) and RCW 43.215.307(3). Weight NA The department may suspend or revoke a license if an early learning provider fails to pay a fine within 28 calendar days or becomes delinquent in making payments, pursuant to RCW 43.215.305 and .307. If a provider’s license is due for annual compliance, the department may elect not to continue the license for failure to pay a fine. Weight NA
Records, Policies, Reporting and Posting – Parent or guardian handbook Family Home WAC Center WAC Proposed WAC revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-2375 Parent/guardian policies (handbook) The licensee’s written parent/guardian policies (handbook) must include: Hours of operation including closures and vacations; Information on how children’s records are kept current, including immunization records; Enrollment and disenrollment process; Parent/guardian access to their child during child care hours; Program philosophy (the licensee’s view of child learning and development); Typical daily schedule, including food and rest periods. See WAC WAC 170-295-2080 What must I communicate to parents? You must have written signed by the parent in each child’s file that you have: (a) Explained to the parent the centers policies and procedures; (b) Discussed the centers philosophy, program and facilities; (c) Advised the parent of the child’s progress and 170-300-0450 Parent or guardian handbook. An early learning provider must provide to each parent or guardian written policies regarding the early learning program implementation. Each enrolled child’s file must have signed documentation stating the parent or guardian reviewed these policies. Weight #4 An early learning provider must have and follow written policies, including: A non-discrimination statement. A family engagement and partnership communication plan including: (i) How the parent or guardian may contact the provider with questions or concerns. (ii) How the provider will communicate with the parent or guardian about their child’s progress or concerns regarding their child at least twice per year. (iii) How the provider will work with the parent to support the child’s
Communication plan with parents including: (a) How the parent or guardian may contact the licensee with questions or concerns; and (b) How he licensee will communicate the child’s progress with the parent or guardian at least twice a year; (c) How the licensee will support parents regarding parenting; Written plan for any child’s specific needs if applicable. See WAC 170-296A-0050; Fees and payment plans; Religious activities and how the parent’s or guardians specific religious preferences are addresses; holidays are recognized in the program; policy including when information may be shared. See WAC issues relating to the child’s care and individual practices concerning the child’s special needs; and (d) Encouraged parent participation in center activities. You must also give the parent the following written policy and procedure information: (a) Enrollment and admission requirements; (b) The fee and payment plan; (c) A typical activity schedule, development including developmental screening resources. (iv) How children’s individual needs will be met if the Licensee is absent. (v) Parent or guardian’s permission for photography, videotaping, or surveillance of his or her child. Food service practices including guidelines for food brought from home. No smoking, vaping, alcohol use or illegal drug use permitted on the premises for center based care. No smoking, vaping or alcohol use permitted on the premises in licensed space during child care hours in family homes. No illegal drug use permitted on the premises for family home based care. Infection control methods, including: Handwashing and hand sanitizers; and Cleaning and sanitizing, or cleaning and disinfecting procedures including the methods and products used. Medical plan, including: When a child is too ill to be at the early learning program; What occurs if a child becomes sick at the early learning program;
that the licensee requires the parent or guardian to provide; and discipline policy. See WAC applicable, infant/toddler care including infant safe sleep practices, feeding, diapering and toilet training; suspected child abuse or neglect. See WAC 170-296A-6275; service practices. See WAC 170-296A-7125 through WAC and through field trips requirements. See WAC 170-296A-2450; requirements. See WAC 170-296A-6475; plan. See WAC 170-296A-5600 and to licensee’s and staff training and including hours of operation; (d) Meals and snacks served, including guidelines on food brought from the child’s home; (e) Permission for free access by the child’s parent to all center areas used by the child; (f) Signing in and signing out requirements; (g) Child abuse reporting law requirements; (h) Behavior management and discipline; (i) Medication management including storage and documenting when medication is given; Notice if medication administration is not offered at the early learning program. Injury or medical emergency response and reporting. Excluding from the program or separating a child with a contagious disease from other children. (i) Infant and toddler care, covering: (i) Diapering procedures; (ii) Feeding procedures; (iii) Toilet training procedures; and (iv) Child sleep pattern procedures. Program philosophy on how children learn, develop and how this philosophy is implemented in the early learning program. Child guidance plan, including restraint policy and forbidding corporal punishment in the early learning program. Expulsion policy and procedures. Early learning program ratio and assigned classroom, if applicable. If the early learning program provides the following, they must include a
professional development records; policies. See WAC 170-296A-4800; care and emergency preparedness policies including; (a)Emergency preparedness and evacuation plans. See WAC 170-296A-2825; (b) Injury or medical emergency response and reporting . See WAC 170-296A-3575, and (c)Medication management including storage and giving medications. See WAC 170-296A-3325; (d) Exclusion/removal policy of ill persons. See WAC 170-296A-3210; (e) Reporting of notifiable conditions to public health; (f) Immunization tracking. See WAC and (g) Infection control methods, including: statement; (j) Religious and cultural activities, if any; (k) and field trip (l) Practices concerning an ill child; (m) Medication management; (n) Medical emergencies; (o) Disaster preparedness plans; and (p) If licensed for the care of an infant or toddler; (i) Diapering; (ii) Toilet training; and policy for each that applies to their program: Care for children with specific or special needs, agreed to and signed by parent or guardian; Caring for and teaching dual language learners; Religious and cultural activities and how holidays will be celebrated in the program; Transportation and off site field trips; Pets and animals; The potential health risks of pets and animals; Water activities; Overnight care; and How weapons on the premises are secured. For infant care, safe sleep guidelines and requirements. Program hours of operation to include closure dates and holiday observances. Enrollment and termination requirements. Fee and payment plan. Sign in and sign out requirements. Information required for the child’s file including: (i) The importance and plan for keeping the information current; (ii) Plan to keep the child’s information confidential; and arrangements
(i) Handwashing (WAC 170-296A-3625) and, if applicable, hand sanitizers (WAC (ii) Cleaning and sanitizing, or cleaning and disinfecting procedures including the methods and products used. See WAC through and definitions in WAC smoking policy consistent with WAC 170-296A-4050; and alcohol policy consistent with WAC 170-296A-4025; applicable, guns and weapons storage. See WAC 170-296A-4725; and applicable, overnight care requirements. See WAC 170-296A-6850. (iii) Feeding. (iii) Who may legally access the child’s information. (u) Child’s kindergarten transition plan, if applicable. What parent’s must supply for their child. For example, extra clothing or diapers. Permission for parent’s free access to all areas of the early learning program during business hours. Termination of services policy and procedures. Emergency preparedness plan including: (i) Where the provider will take children if required to evacuate and how the parent’s will be able to make contact; and (ii) Steps the provider will take if an emergency prevents the parents from getting to the early learning program. The provider’s duty to protect children and report incidents. Suspected child abuse, neglect, sexual abuse, or maltreatment reporting requirements for all staff and volunteers. Description of where the parent may find and review the early learning program’s: (i) Emergency preparedness plan; (ii) Health policy; and
Records, Policies, Reporting and Posting – Attendance records Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-2125 Child attendance records – Staff to child ratio records. The licensee must also keep records of: Daily attendance for each child counted in capacity that includes the: (a) Child’s date of attendance; (b) Time the child arrives or returns to the child care, including signature of the person authorized by the child’s parent or guardian to sign the child in; and (c) Time the child leaves from the licensee’s care including signature of the person authorized by the child’s parent or guardian to sign the child out; and Names of staff being counted to meet the WAC 170-295-7030 Attendance Records Licensees must keep daily attendance records. The parent or other person authorized by the parent to take the child to or from the center must: (a) sign in the child on arrival and sign out the child at departure, using their full signature and writing the time of arrival and departure; or (b) Record the child’s attendance using an electronic system if used by the licensee under WAC 170-295-7032; When the child leaves the center to attend school or participate in offsite activities as authorized by the parent, the licensee or staff must sign out the child, and sign in the child on return to the center; and 170-300-0455 Attendance records. An early learning provider may keep a child in care up to a maximum of ten hours each day. If needed, the maximum time may be extended based upon the parent or guardian’s typical work, an agreed upon alternate schedule, or travel to and from the early learning program. Weight #1 An early learning provider must keep daily attendance records, either in paper or electronic format, for each child (including the children of staff in the program). These records must be available for department review at all times and must clearly document:
daily staff-to-child requirements. Electronic attendance records if the child’s attendance is recorded using an electronic system under WAC WAC 170-296A-2126; Electronic attendance records – Records retention Licensees may use an electronic system to record attendance in lieu of a paper sign-in record. If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee’s care. The electronic system selected must ensure the authenticity, confidentiality, integrity, Paper and electronic attendance records and invoices for state subsidized children must be kept on the premises for at least five years after the child leaves the licensee’s care as provided in WAC WAC 170-295-7032 Electronic attendance records – Records retention Licensees may use an electronic system to record attendance in lieu of a paper sign-in record. If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee’s care. (a) The name of the child; (b) The date of care; (c) Child arrival and departure times from the early learning program; (d) Signature of parent or other authorized person at time of arrival and departure; and (e) Time of departure and return to the early learning program, and a staff signature, when the child leaves the early learning program to attend school or participate in offsite activities authorized by the parent or other authorized person. Weight #5 (3) An early learning provider must keep daily attendance records on paper or in an electronic format. The attendance
security, accessibility, and protection against repudiation of the electronic records, and must be able to: (a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record’s structure, content, and time of creation or receipt; (b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered; (c) Uniquely identify each record; (d) Capture an electronic record for each transaction conducted; (e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit; (f) Retain electronic The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to: (a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record’s structure, content, and time of creation or receipt; (b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered; (c) Uniquely identify each record; (d) Capture an electronic record for each transaction conducted; (e) Maintain the integrity of electronic records as captured or created so that they can be accessed, record must list the specific staff, staff assigned to care for children with special needs or circumstances one-on-one, and volunteers who count in staff-to-child ratio. The attendance record must clearly document: (a) The name of staff, one-on-one care staff, or volunteer; (b) The number of children in classrooms and staff-to-child ratio, if applicable; (c) The date; and (d) Start and end times of assigned staff. Weight #1 (4) If the attendance records are kept electronically, the electronic system must: (a) Record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or
records in an accessible form for their legal minimum retention period; (g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period; (h) Produce authentic copies of electronic records and supply them in useable formats including hard copies, for business purposes and all public access purposes; (i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records; (j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and (k) Limit system access to authorized individuals and for authorized displayed, and managed as a unit; (f) Retain electronic records in an accessible form for their legal minimum retention period; (g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period; (h) Produce authentic copies of electronic records and supply them in useable formats including hard copies, for business purposes and all public access purposes; (i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records; (j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and (k) Limit system access to authorized individuals and for authorized purposes, similar action by the parent or authorized person when signing the child in or out of care; (b) Ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against disproof of the electronic records; (c) Be able to produce an authentic, verifiable and uniquely identified written record for each transaction; (d) Be able to authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered; (e) Be able to capture an electronic record for each transaction conducted;
purposes, and maintain physical and environmental security controls. Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits: (a) The contents of the electronic record; (b) The method used to sign the electronic record, if applicable; (c) The person signing the electronic record; and (d) The date when the signature was executed. As used in this section: “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. and maintain physical and environmental security controls. Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits: (a) The contents of the electronic record; (b) The method used to sign the electronic record, if applicable; (c) The person signing the electronic record; and (d) The date when the signature was executed. As used in this section: “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 (f) Be able to retain the electronic record in an accessible form for their legal minimum retention period; (g) Be able to search and retrieve electronic records in the normal course of business; and (h) Be able to perform in an accurate, reliable, and consistent manner in the normal course of business. Weight #1 (5) Electronic attendance records must contain information necessary to reproduce the entire electronic record and associated signatures in a form that permits a person viewing or printing the entire electronic record to verify: (a) The contents of the electronic record.
record must include the following: (a) Beginning enrollment date; (b) End of enrollment date for children no longer in the licensee's care; (c) The child's birth date; (d)(i) The child's current immunization record, on a DOH child immunization status form or comparable form completed by a health care professional; or (ii) A medical exemption form signed by a health care professional; or (iii) A religious, philosophical, or personal exemption form or similar statement signed by the child's parent or guardian. (e) The child's known allergies; (f) Names of persons authorized to pick up the child; (d) Health history; (e) Individual plan of care when needed for chronic health conditions and life threatening medical conditions; (f) Written consent from the parent for the licensee to seek and approve medical care in an emergency situation, a court order waiving the right of informed consent, or the parent's alternate plans for emergency medical and surgical care if the parent cannot be reached; (g) Information on how to contact the parents, especially in emergencies; (h) Instructions from the parent or health care providers related to medications, specific food or feeding requirements, allergies, treatments, and special equipment or health care needs if necessary; (i) Written records of any illness or injury that occurs during child care hours and the treatment provided; and (a) The beginning and end enrollment date for children no longer in the early learning program’s care; (b) The child's birth date; (c) An enrolled child’s parent or guardian information including name, phone numbers, address, and contact information for reaching the family while the child is in care; (d) Names, phone numbers, and addresses of persons authorized to pick up enrolled children; (e) Emergency contacts. If no emergency contact is available, a written and signed emergency contact plan may be accepted; (f) A plan for special or individual needs of the child, including parent or guardian signature, pursuant to WAC 170-300-0300; (g) Signed parent or guardian permissions, pursuant to WAC as applicable for: (i) Field trips; (ii) Transportation; (iii) Bathing; (iv) Water activities including swimming pools or other outdoor bodies of water; and (v) Photo, video, or surveillance activity. Weight #6
(2) If applicable, a child's records must include: (a) Injury/incident reports (see WAC and ); (b) Medication authorization and administration log (see WAC ); (c) Plan for special or individual needs of the child (see WAC ); or (d) Documentation of use of physical restraint (see WAC ). (3) The child's records must include signed parent permissions (see WAC ) as applicable for: (a) Field trips; (b) Picture taking; (c) Transportation; and (d) Visiting health professionals providing services to the child at the family home child care. provider for reasons other than immunizations; (b) Allergies, expected symptoms, and method of treatment if necessary; (c) Health and developmental concerns or issues; (d) Any life threatening medical condition that requires an individual health plan; (e) A list of current medications used by the child; (f) Name, address, and phone number of the child's health care provider; and (g) Name, address, and phone number of the child's dentist, if the child has a dentist. (4) The individual records, including the certificate of immunization status, must be kept on the premises: (a) For each child currently in care; and (b) For five years after the child leaves enrollment in the licensee's care. (i) An illness, incident, or injury report that includes: (i) The date of the child’s illness, incident, or injury; (ii) Treatment provided to the child while in care; (iii) The names of the early learning program staff providing the treatment; and (iv) Evidence that a copy of the illness, incident, or injury report was supplied to the child’s parent or guardian. Weight #6 (6) An early learning provider must provide a copy of the parent handbook to the parent or guardian of each enrolled children. The provider must document the parent or guardians’ receipt of the parent handbook and keep this documentation in each child’s file along with the following, if applicable: (a) A parent or guardian approved plan for use of physical restraint and evidence of parental notification, pursuant to WAC 170-300-0490; (b) Any expulsion information, documentation, and steps taken to avoid expulsion; (c) Termination of services documentation and communication; and
Records, Policies, Reporting and Posting – Retaining facility and program records Family Home WAC Center WAC Proposed WAC revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC available to the department. The licensee must keep all records required in this chapter for a minimum of five years: (1) Current records, including records from the previous twelve months, must be kept in the licensed space as defined in WAC and be available for the WAC available to the department. The licensee must keep all records required in this chapter for a minimum of five years: (1) Current records (including records from the previous twelve months) must be kept in the licensed space and be available for Adopted Permanent Rule 170-300-0465 Retaining facility and program records. An early learning provider must keep all records required in this chapter for a minimum of five years unless otherwise indicated. Weight #1 All records from the previous twelve months must be kept in the licensed space and be immediately available for the department or other state agency's review. Immediately accessible records include: Child records; Staff records; and Attendance records. Weight #4 (3) Records older than twelve months must be provided within two weeks of a written request by the department. Weight #1 (4) An early learning provider must keep the following records available for department review: A non-discrimination policy; Strengthening Families Program Self-Assessment, or an equivalent assessment; Furniture, sleep, and play equipment forms and specifications; Chromated copper arsenate test results, if applicable; 170-295-
Records, Policies, Reporting and Posting – Emergency preparedness plan Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-2825 Fire evacuation plan. (1) If there is a fire in the home during child care operating hours, the licensee's and staff's first responsibility is to evacuate the children in care to a safe place outside the home. (2) The licensee must develop a written fire evacuation plan and post it at a place that is clearly visible to the staff, parents and guardians. The evacuation plan must be evaluated annually and updated as needed. (3) The evacuation plan must include: (a) An evacuation floor plan that identifies emergency exit pathways, emergency exit doors, and emergency exit windows; (b) Method(s) to be used for sounding an alarm; WAC 170-295-5030 What do I need to include in my disaster plan? (1) You must develop and implement a disaster plan designed for response to fire, natural disasters and other emergencies. The plan must address what you are going to do if there is a disaster and parents are not able to get to their children for two or three days. (2) The fire plan must follow the requirements in chapter WAC or the state fire marshal requirements. (3) In areas where local emergency plans are in place, such as school district emergency plan, 170-300-0470 Emergency preparedness plan. An early learning provider must have and follow a written emergency preparedness plan. The plan must be reviewed and approved by the department prior when changes are made. Emergency preparedness plans must: Be designed for response to fire, natural disasters, and other emergencies relevant to disasters that might occur in the location of the early learning program. Be specific to the early learning program and able to be implemented during hours of operation. Address what the provider would do if he or she has an emergency and children are potentially left unsupervised. Address what the early learning program must do if parents are not able to get to their children for up to three days. Follow requirements in chapter 212-12 WAC (Fire Marshal
(c) Actions to be taken by the person discovering the fire; (d) How the licensee and staff will evacuate all children, especially children who cannot walk; (e) Calling 911 after evacuating the children; (f) How the licensee and staff will account for all of the children in attendance; (g) Where children and staff will gather away from the building pending arrival of the fire department or emergency response; and (h) How the licensee will inform parents or guardians and arrange pick up of children if needed. WAC 170-296A-2850 (1) The licensee must have a written disaster plan for emergencies other than fire. The plan must be reviewed annually and updated as needed. (2) The written disaster plan must cover at minimum the following: (a) For disasters that may require evacuation: centers may follow those procedures and actions in developing their own plan. (4) The disaster plan must be: (a) Specific to the child care center; (b) Relevant to the types of disasters that might occur in the location of your child care center; (c) Able to be implemented during hours of operation; and (d) Posted in every classroom for easy access by parents and staff. (5) Your disaster plan must identify: (a) The designated position of the person (example: Director, lead teacher, program supervisor, etc.) who is responsible for each part of the plan; (b) Procedures for accounting for all children and staff Standards) and the State Fire Marshal’s office requirements, if a center early learning program. Be reviewed at program orientation, annually with all early learning program staff with documented signatures, and when the plan is updated. Be reviewed with parents or guardians when a child is enrolled and when the plan is updated. Be updated as needed by the provider and submitted to the department for approval. Weight #5 (2) The written emergency preparedness plan must cover at minimum: (a) Disaster plans, including fires that may require evacuation: (i) An evacuation floor plan that identifies room numbers or names of rooms, emergency exit pathways, emergency exit doors, and for family home based programs, emergency exit windows if applicable; (ii) Methods to be used for sounding an alarm and calling 911; (iii) Actions to be taken by a person discovering an emergency;
(i) How the licensee and staff will evacuate all children, especially those who cannot walk. (ii) What to take when evacuating the children, including: (A) First aid kit; (B) Child medication records; and (C) If applicable, individual children's medication; (iii) Where to go; and (iv) How the licensee and staff will account for all of the children in attendance. (b) Earthquake procedures including: (i) What the licensee and staff will do during an earthquake; (ii) How the licensee and staff will account for all of the children in attendance; and (iii) After an earthquake, how the licensee will assess whether the licensed space is safe for the children; (c) Lockdown of the facility or shelter-in-place, including: during and after the emergency; (c) How you evacuate the premises, if necessary, and the meeting location after evacuation; (d) How you care for children with special needs during and after the disaster; (e) How you provide for children until parents are able to pick them up; (f) How you contact parents or how parents can contact the child care center; and (g) Transportation arrangements, if necessary. (6) Your written records must include a disaster plan, with signatures and dates of persons completing the (iv) How the early learning provider will evacuate children, especially those who cannot walk independently. This must include infants in cribs with wheels (for center early learning programs), children with disabilities, functional needs requirements, or other special needs; (v) Where the alternate evacuation location is; (vi) What to take when evacuating children, including: (A) First-aid kit(s); (B) Copies of emergency contact information; (C) Child medication records; and (D) Individual children's medication, if applicable; (vii) How the provider will maintain the required ratio and account for all children; and (viii) How children will be reunited with their parents or guardians after the event. (b) Earthquake procedures including: (i) What a provider will do during an earthquake;
(i) How doors and windows will be secured if needed; and (ii) Where children will stay safely inside the facility; and (d) How parents and guardians will be contacted after the emergency situation is over. (3) The licensee must keep on the premises a supply of food, water, and medications required by individual children for use in a disaster, lockdown, or shelter-in-place incident. (4) As used in this section, "lockdown" or means to remain inside the family home child care when police or an official emergency response agency notifies the licensee or primary staff person in charge that it is unsafe to leave the facility or be outdoors during an emergency situation. WAC 170-296A-2900 Emergency drills. disaster plan review on-site. The disaster plan must be read, reviewed and signed by: (a) The director and staff annually; and (b) Parents when children are enrolled. (7) In addition to the requirements for fire drills and training set forth by the state fire marshal in chapter WAC, you must: (a) Document staff education and training of the disaster plan; (b) Conduct and document quarterly disaster drills for children and staff (you do not have to conduct a drill quarterly for each potential disaster - just one drill per quarter); (ii) How a provider will account for all children; and (iii) How a provider will coordinate with local or state officials to determine if the licensed space is safe for children after an earthquake. (c) Active shooter scenarios where an individual at or near an early learning program is harming or attempting to harm others with or without a weapon. This plan must include lockdown of the early learning program or steps including: (i) How doors and windows will be secured to prevent access, if needed; and (ii) Where children will safely stay inside the early learning program; and (d) How parents and guardians will be contacted after the emergency ends. Weight #5 (3) An early learning provider must keep on the premises a three day supply of food, water, and medication for the enrolled number of children and current staff for use in a disaster, lockdown, or event. Weight #5
The licensee and staff must practice emergency drills with the children as follows: (1) Fire/evacuation drill: Once each calendar month; (2) Earthquake drill: Once every three calendar months; and (3) drill: Once annually. WAC 170-296A-2925 Record of emergency drills. The licensee must keep records of emergency drills performed, and post the records as required in WAC . Records must include: (1) The date and time the drill took place; (2) Staff who participated; (3) Number of children who participated; (4) Length of drill; and (5) Notes about how the drill went and improvements, if any, that need to be made. (c) Keep written documentation of the drills on-site; and (d) Debrief and evaluate the plan in writing after each disaster incident or drill. (8) You must keep the twelve month record indicating the date and time you conducted the required monthly fire evacuation drills on-site for the current year plus the previous calendar year. (4) An early learning provider must practice and record emergency drills with staff and children as follows: Fire and evacuation drill: once each calendar month in compliance with WAC Earthquake, lockdown, or drill: once every three calendar months; Emergency drills must be conducted with a variety of staff and at different times of the day including in the evening and overnight hours for early learning programs that care for children during those hours; and Record of drills must be completed on a department form (found at )and include: The date and time of the drill; The staff who participated; The number of children who participated; The length of the drill; and Notes about how the drill went and how it could be improved. Weight #6
Other incidents requiring emergency response. WAC 170-296A-2225 Reporting incidents to Washington poison center The licensee or primary staff person must report to Washington poison center, after calling 911, and follow any instructions of the poison center: Any poisoning or suspected poisoning; A child receiving too much of any oral, inhaled or injected medication; or A child taking or receiving another child’s medication. WAC 170-296A-2275 Other incident reporting to the department: The licensee must report to the department any incidents or changes as required under WAC 170-296A-2200, or 170-296A-2225, and emotional abuse, child neglect, or child exploitation as defined in chapter 26.44 RCW has occurred. This report must be made to children’s administration central intake. If there is immediate danger to a child you must also make a report to local law enforcement. WAC 170-295-7060 What injuries and illnesses or child abuse and neglect must I report? You or your staff must report immediately; A death or serious injury (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. (b) Emergency Services (911) immediately, and to the department within 24 hours: (i) A child is missing from care, as soon as staff realize the child is missing; (ii) Medical emergency (injury or illness) that requires immediate professional medical care; (iii) A child is given too much of any oral, inhaled or injected medication, or a child took or received another child’s medication; (iv) Fire and other emergencies; (v) Poisoning or suspected poisoning; or (vi) Other dangers or incidents requiring emergency response. Washington Poison Center immediately after calling 911, and to the department within 24 hours: (i) A poisoning or suspected poisoning; (ii) A child was given too much of an oral, inhaled, or injected
The licensee or another person must report to the department within twenty-four hours: (a) The licensee’s emergency absence, serious illness or incapacity of the licensee, staff or member of the household, if the licensee: (i) has a reasonable expectation the absence, illness, or incapacity will affect the licensee’s ability to provide child care; and (ii) Is going to continue to provide care. (b) For the licensee, staff, volunteer or household member age fourteen or older, any: (i) Pending charge or conviction for a crime listed in WAC (ii) Allegation or finding of child abuse or neglect under chapter or illness that requires medical treatment or hospitalization of a child in care must be reported by telephone and in writing to the parent, licensor, and child’s social worker, if the child has a social worker; Any instance when you or your staff have reason to suspect the occurrence of any physical, sexual, or emotional child abuse or child neglect child or child exploitation as required medication or a child has taken or received another child’s medication. (iii) The provider must follow any directions provided by Washington Poison Center. Local health jurisdiction or DOH immediately, and to the department within 24 hours: (i) An occurrence of food poisoning or reportable contagious disease as defined in chapter 246-101 WAC; (ii) A person excluded from the early learning program by the health department or local health officer on the basis of a diagnosis may not return to the early learning program until approved to do so by the local health officer. The department at the first opportunity, but in no case longer than 24 hours, upon knowledge of any person required by chapter WAC to have a change in their background check history due to: (i) A pending charge or conviction for a crime listed in WAC 170-06; (ii) An allegation or finding of child abuse, neglect, maltreatment or exploitation
26.44 RCW or chapter 388-15 WAC; (iii) Allegation or finding of abuse or neglect of a vulnerable adult under chapter 74.34 RCW; or (iv) Pending charge, conviction, or negative action from outside Washington state consistent with or the same crime listed in WAC 170-06-0120, or “negative action” as defined in RCW 43.215.010 WAC 170-296A-2300 Reporting to DSHS children’s administration intake. The licensee and each staff person are required to report the following to DSHS children’s administration protective services (CPS) or law enforcement within forty-eight hours as required under RCW 26.44.030, and to the department: under described in chapter 26.44 RCW. You may make a report by calling the statewide number at or and An occurrence of food poisoning or reportable contagious disease, as required by the state board of health to the local public health department and to the licensor, by telephone. under chapter 26.44 RCW or chapter 388-15 WAC; (iii) An allegation or finding of abuse or neglect of a vulnerable adult under chapter 74.34 RCW; or (iv) A pending charge or conviction from outside Washington state consistent with or the same crime listed in the Director’s List in chapter 170-06 WAC, or “negative action” as defined in RCW 43.215.010 The department who the next responsible and qualified person is for the operation of the early learning program if the primary person has an emergency absence, serious illness, or incapacity. Weight #8 (3) In addition to reporting to the department by phone or e-mail within 24 hours, an early learning provider must also submit a written incident report on a department form (found at ) within 48 hours for: (a) Situations that required an emergency response from Emergency Services (911), Washington Poison Center, or DOH; (b) Situations that occur while children are in care that may put children at risk including, but not limited to,
(a) Any suspected child abuse or neglect; (b) A child’s disclosure of sexual or physical abuse; (c) Inappropriate sexual contact between two or more children; or (d) A child’s attempted suicide or talk about attempting suicide. The licensee or primary staff person must immediately report to CPS or law enforcement and the department the death of a child while in the licensee’s care or from injury or illness that may have occurred while the child was in the licensee’s care. WAC 170-296A-2325 Reporting notifiable condition to health department: In the event a licensee, staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as defined in chapter 246-101 WAC, inappropriate sexual touching, neglect, physical abuse, maltreatment, or exploitation; and (c) A serious injury to a child in care. “Serious injury” means: (i) Injuries resulting in overnight hospital stay; (ii) Severe neck or head injury; Choking/unexpected breathing problems; Severe bleeding; Shock or acute confused state; Unconsciousness; Chemicals in eyes, on skin, or ingested in the mouth; Near-drowning; Broken bone; Severe burn requiring professional medical care; Poisoning; and Medication overdose. Weight #7 An early learning provider must immediately report to the parent or guardian of a child: That child’s death, serious injury, need for emergency or poison services; An incident involving that child which was reported to the local health district or DOH;
Records, Policies, Reporting and Posting – Transportation and off-site activity policy Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-6475 Transportation When transporting children the licensee, staff, and volunteers must: (1) Follow RCW 46.61.687 and other applicable law regarding child restraints and car seats; (2) Carry in the vehicle all items required under WAC 170-296A-6450 and a current copy of each child’s completed enrollment form; (3) Maintain the vehicle in safe operating condition; (4) Have a current driver’s license; What do I need to transport the children on offsite trips? You may transport a child or permit the child to travel offsite only with written parental consent. The purpose may be to attend school, participate in supervised field trips, or engage in other supervised offsite activities. The parent consent may be: (a) For a specific date or trip; or (b) A blanket authorization describing the full range of trips the child may take. If you use a blanket authorization, you must notify the parent in writing at least twenty-four hours in advance about any specific trip. When transportation is provided by the center for children in care: 170-300-0480 Transportation and off-site activity policy. An early learning provider must have and follow a transportation and activity policy for personal or public transportation service, or travel offered to children in care. Weight #6 The transportation and off-site activity policy must include: (a) Routine trips, which must be: (i) Kept to a minimum timeframe; and (ii) Must not exceed two hours of transportation per day for any individual child. (b) Written parent or guardian authorization to transport the parent or guardian’s child. The written authorization may be: (i) For a specific event and date; (ii) For a specific type of trip (for example, transporting to and from school, or
Records, Policies, Reporting and Posting –Child restraint policy Family Home WAC Center WAC Proposed WAC revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-6200 Physical restraint—Prohibited uses or methods. The licensee, staff, or household members must not use: (1) Physical restraint as a form of punishment or discipline; (2) Mechanical restraints including, but not limited to, handcuffs and belt restraints; (3) Locked time-out or isolation space; (4) Bonds, ties, tape, or straps to restrain a child; or (5) Physical restraint techniques that restrict breathing or inflict pain. These include, but are not limited to: (a) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs; (b) Sleeper holds, which are holds used by law enforcement officers to subdue a person; (c) Arm twisting; (d) Pulling hair; (e) Choking or putting arms around the throat; or (f) Chemical restraint such as mace or pepper spray. WAC 170-296A-6225 Physical restraint—Holding method allowed. WAC (5) Prevent and prohibit any person on the premises from using cruel, unusual, hazardous, frightening, or humiliating discipline, including but not limited to: (c) The use of a physical restraint method injurious to the child, locked time-out room, or closet for disciplinary purposes; and 170-300-0490 Child restraint policy. An early learning provider must have and follow a Child restraint policy that contains behavior management and practices, pursuant to section WAC 170-300-0335. Weight #6 A restraint policy must be: Appropriate for each child’s developmental level, abilities, language skills, and culture; Directly related to the child’s behavior; and Designed to be consistent, fair, and positive. Weight #6 An early learning provider must communicate to parents, guardians, and children in care what the
under WAC through ; (6) Caring for children with special health needs under WAC ; (7) Cleaning, sanitizing, and disinfecting procedures; (8) A bloodborne pathogens plan under WAC ; and (9) Notifying the health department when a licensee, staff person, volunteer, household member, or child in care is diagnosed with a notifiable condition as required under WAC . 170-296A-3315 (3) If the licensee chooses not to give any medications to children in care, the licensee must policies and procedures or type of care that you provide, or at least every three years when you are due for relicensing. (For example, if you go from caring for children from twelve months and older to caring for infants, you must update your health policies and procedures and have them reviewed and signed.) (2) Your health policies and procedures must have information on how you plan to: (a) Provide general cleaning of areas including, but not limited to, bathrooms, floors, walls, and doorknobs; (b) Clean and sanitize areas including, but not limited to, food contact surfaces, kitchen equipment, diapering areas, toys, toileting equipment and areas, equipment that might be shared with several children such as sleep mats, cribs or high chairs; (c) Prevent, manage and report contagious diseases; (d) Handle minor injuries such as nosebleeds, scrapes and bruises; (e) Provide first aid; (f) Screen children daily for illnesses; (g) Notify parents that children have been exposed to infectious diseases and parasites; (h) Handle minor illnesses; of this chapter including, but not limited to: A prevention of exposure to blood and body fluids plan; Meals, snacks, and food services; Handwashing and hand sanitizer use policy; Screening children for illness daily; Exclusion of ill children, staff, or any other person in the program space; Contagious disease notification; Exclusion and return of a person diagnosed with a notifiable condition; (h) Injury treatment and reporting; (i) Immunization tracking; (j) Medication management, including, but not limited to: (i) How the program will make reasonable accommodations and give medication to a child that has a condition protected by the ADA, to include Individual Care Plans with the health care provider and parent or guardian signature for
inform parents in the parent/guardian handbook. (4) If the licensee or primary staff person decides not to give a specific medication to a child after having received written permission by the child's parent or guardian, the licensee or primary staff person must immediately notify the parent or guardian of the decision to not give the medication. (5) The licensee must make reasonable accommodations and give medication if a child has a condition where the Americans with Disabilities Act (ADA) would apply. (i) Handle major injuries and medical emergencies that require emergency medical treatment or hospitalization; (j) Manage medication; (k) Assist with handwashing and general hygiene including diapering and toileting; (l) Handle food; (m) Provide nutritious meals and snacks; (n) Respond during any disasters; (o) Care for children that may have special needs; (p) Care for infants and obtain infant nurse consultation (if licensed for four or more infants); and (q) Follow the infant safe sleep practices in WAC . (3) Your health policies and procedures must have information on when you plan to: (a) Require ill children to stay home and for how long; (b) Allow the ill child to return; and (c) Call a parent to pick up their child and how you will care for the child until the parent arrives. WAC 170-295-3050 Am I required to give medications to the children in my care? chronic and life threatening conditions; (ii) How medication administered to children will be documented on a medication log, including documenting when a medication is not given as prescribed or as indicated on the medication authorization form; (iii) Medication authorization forms for prescription and medication, which must include: (A) The child’s first and last name; (B) The name of the medication; (C) The dosage; (D) Start and stop dates; (E) Reason for the medication; (F) Instructions for administration; (G) Possible side effects; and (H) Parent or guardian signature.
Records, Policies, Reporting and Posting – Postings Family Home WAC Center WAC Proposed WAC Satisfactory/Minor/Major revisions; Concerns; Suggested Alternate Language Conflicts with ECEAP, Head Start, Schools District Standards and Practices WAC 170-296A-2175 Materials that must be posted. The following must be posted in the licensed space during operating hours and clearly visible to parents, guardians and staff: (1) A statement of the licensee’s philosophy of child development; (2) Emergency information, including: (a) 911 or emergency services number; (b) Name of the licensee, telephone number(s), emergency contact information, address and directions from the nearest arterial street or nearest cross street to the licensed home; (c) Washington poison center toll-free phone number; and (d) DSHS children’s administration intake (child protective services) toll-free telephone number; (3) Emergency preparedness plan and drills with the following information: WAC 170-295-6010 What are the regulations regarding discrimination? (1) Child care centers are defined by state and federal law as places of public accommodation and must not discriminate in employment practices and client services on the basis of race, creed, color, national origin, marital status, gender, sexual orientation, class, age, religion, or disability. (2) You must: (a) Post a nondiscrimination poster where families and staff can easily read it; (b) Have a written nondiscrimination policy; and (c) Comply with the requirements of the Americans with Disabilities Act. 170-300-0505 Postings. An early learning provider must post the following so they are clearly visible to parents, guardians, and staff: The child care license issued under this chapter; Weight #1 Floor plan with emergency routes and exits identified in each child care area; Weight #5 Dietary restrictions, known allergies and nutrition requirements for particular children; Weight #5 Handwashing practices; Weight #5 Diaper changing procedure, if applicable; Weight #5