HOUSE BILL REPORT

ESHB 1583

BYHouse Committee on Human Services/Appropriations (originally sponsored by Representatives Bristow, Belcher, Kremen, Wineberry, Valle, Sprenkle, Peery, Leonard, Cole, Appelwick, Ebersole, Winsley, R. Fisher, Wang, Pruitt, P. King, Todd, Jones, Rust, Scott, Jacobsen, Rasmussen, Spanel, Crane, Basich and Phillips)

Dealing with child care facilities.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Anderson, Leonard, Raiter and Winsley.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Hargrove, Padden and Tate.

House Staff:John B. Welsh (786-7133)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Human Services as amended by Committee on Appropriations be substituted therefor and the substitute bill as amended do pass. (18)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Appelwick, Belcher, Braddock, Brekke, Bristow, Dorn, Ebersole, Hine, Peery, Rust, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass. (5)

      Signed by Representatives Silver, Ranking Republican Member; Bowman, McLean, Nealey and Padden.

House Staff:      Sandi Gray (786-7136)

AS OF HOUSE SECOND READING MARCH 8, 1989

BACKGROUND:

Currently, child day care facilities are licensed by the State Department of Social and Health Services in the same chapter as foster care, children's group care, adoption agencies and children's day treatment programs.  The license is valid for three years.  There is no authority for annual monitoring of these facilities, for granting of variances, for issuing provisional licenses and for civil penalties.  School-based and pre-school day care facilities are not required to be licensed.

SUMMARY:

A new chapter is created for licensing child day care facilities.  There is a legislative declaration of a need for accessible and affordable quality day care services to enable low-income families to participate in the workforce.  The purpose of the legislation is to encourage the supply of quality day care facilities and establish regulatory standards consistent with the principles of child development.

After July 1, 1990, a license is required to operate a child care facility, which is defined as any facility receiving children for care, control or maintenance outside their home for less than 24-hours.  Exemptions from licensure are provided for intermittent child care at a church without compensation; neighbor's or friend's home; for persons related by blood or marriage or guardians; for licensed facilities on Indian reservations and those on federal property; and for kindergartens.

The Department of Social and Health Services is required to adopt rules to implement the licensure program, in consultation with the Child Care Coordinating Committee, including the competence and criminal background of providers and staff, and ratios of staff to children, the number of children to be served in a facility, and fire and safety and health standards.  However, it is not a violation of the law if the facility has a greater number than authorized if compelled by an emergency situation.  Licenses, valid for two years, shall be issued to providers in compliance with the law and without violations within the previous five years resulting in revocation or non-renewal of a license.

The department is required to inspect facilities within 12 months of licensure and within 30 days of any application for license renewal, and may issue provisional licenses pending corrections of any violations.

The department is authorized to examine the premises, records, and accounts, and cite violations correctable within 90 days, and facilities are required to obtain certification for fire safety.

The department may grant variances from requirements where a child's health and safety are not affected and the requirements pose a substantial hardship on the provider.

Public and private agency contractors are required to report unlicensed facilities to the department. Conditional licenses may be granted for up to 6 months to permit providers to comply.

The department has authority to deny, revoke or suspend licenses for enumerated reasons, including failure to correct violations, and assess civil penalties of up to $100.

All orders of the department become final within 20 days of service unless appealed immediately or if there is an immediate threat of harm to children.  Administrative review and judicial appeal are provided pursuant to the Administrative Procedures Act. Civil enforcement of orders and injunctive relief are authorized, and operating a facility without a license is declared a misdemeanor.

Appropriation:    $3,100,000.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Human Services) Katharine Briar, Department of Social and Health Services; John Van Rooy, DSHS, Olympia Schools Project; Vikke Pierson, Child Care Works for Washington; Lonnie Johns-Brown, National Organization of Women; Jackie Stenger, Washington Association for the Education of Young Children and Collene VanWormer, Washington Association for the Education of Young Children.

(Appropriations) Representative June Leonard; Margie Reeves, Washington Association for the Education of Young Children, Pat Thibaudeau, Washington Women United.

House Committee - Testified Against:      (Human Services) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Human Services) Child care facilities should be licensed to maintain quality and for the protection of children, and licensing should be extended to school-based and pre-school programs.  The three-year licensing cycle should be narrowed to a two year cycle for more frequent surveillance.  Annual inspections are important for maintaining quality. Granting variances from standards and providing for provisional licenses will make the program more flexible to achieve better results.  The threat of civil penalties is more effective than license revocation in compelling compliance to standards.

(Appropriations) The licensure program has needed improvements for a long time.  With increasing demand for child care, it is even more important to assure quality care through licensing and monitoring of programs.  Licensing of preschools may overburden licensing staff, and the issue should be reviewed further.

House Committee - Testimony Against:      (Human Services) None Presented.

(Appropriations) None Presented.