WSR 98-24-052

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

[Filed November 25, 1998, 2:09 p.m.]



Date of Adoption: November 25, 1998.

Purpose: To require annual in-service training of child care providers.

Citation of Existing Rules Affected by this Order: Amending WAC 388-155-010, 388-155-180, 388-155-200, 388-155-470, 388-150-010, 388-150-180, 388-150-200, 388-150-470, 388-151-010, 388-151-180, 388-151-190, 388-151-200, and 388-151-470.

Statutory Authority for Adoption: RCW 74.15.030.

Adopted under notice filed as WSR 98-20-098 on October 7, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 13, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 13, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

November 25, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit



AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)



WAC 388-150-010  Definitions. As used and defined under this chapter:

(((1))) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(((2))) "Center" means the same as "child day care center."

(((3))) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances indicating the child's health, welfare, and safety is harmed thereby.

(((4))) "Child day care center" means a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours; except, a program meeting the definition of a family child care home shall not be licensed as a day care center without meeting the requirements of WAC 388-150-020 (5)(a).

(((5))) "Department" means the state department of social and health services.

(((6))) "Department of health" means the state department of health.

(((7))) "Infant" means a child eleven months of age and under.

(((8))) "License" means a permit issued by the department authorizing by law the licensee to operate a child day care center and certifying the licensee meets minimum requirements under licensure.

(((9))) "Licensee" means the person, organization, or legal entity responsible for operating the center.

(((10))) "Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

(((11))) "Preschool age child" means a child thirty months of age through five years of age not enrolled in kindergarten or an elementary school.

(((12))) "School-age child" means a child five years of age through twelve years of age enrolled in kindergarten or an elementary school.

(((13))) "Staff" means a child care giver or a group of child care givers employed by the licensee to supervise a child served at the center.

(((14))) "Toddler" means a child twelve months of age through twenty-nine months of age.

"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.



[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), 388-150-010, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), 388-150-010, filed 11/20/90, effective 12/21/90.]



AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)



WAC 388-150-180  Staff pattern and qualifications. (1) General qualifications. The licensee, staff, volunteer, and other person associated with the operation of the center who has access to the child in care shall:

(a) Be of good character;

(b) Demonstrate the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural, emotional, mental, physical, and social needs of the child in care; and

(c) Not have committed or been convicted of child abuse or any crime involving harm to another person.

(2) Center management. The licensee shall serve as or employ a director, responsible for the overall management of the center's facility and operation. The director shall:

(a) Be twenty-one years of age or older;

(b) Serve as administrator of the center, ensuring compliance with minimum licensing requirements;

(c) Have knowledge of child development as evidenced by professional references, education, experience, and on-the-job performance;

(d) Have the management and supervisory skills necessary for the proper administration of the center, including:

(i) Record maintenance;

(ii) Financial management; and

(iii) Maintenance of positive relationships with staff, children, parents, and the community;

(e) Have completed the following number of college quarter credits or department-approved clock hours in early childhood education/child development, or possess an equivalent educational background, or be a certified child development associate:

(i) In centers licensed for twenty-five or more children, the director shall have completed forty-five or more credits;

(ii) In centers licensed for thirteen through twenty-four children, the director shall have completed twenty-five or more credits;

(iii) In centers licensed for twelve or fewer children, the director shall have completed ten or more credits; and

(iv) In (i), (ii) and (iii) above, one-third of the credits may be clock hours.

(f) Have two or more years successful experience working with children of the same age level as those served by the center as evidenced by professional references and on-the-job performance;

(g) Have planning, coordination, and supervisory skills to implement a high quality, developmentally appropriate program; ((and))

(h) Have knowledge of children and how to meet children's needs; and

(i) Have completed one of the following prior to or within the first six months of employment or initial licensure, except as provided in subsection (2)(j) of this section:

(i) Twenty clock hours or two college quarter credits of basic training approved by the Washington state training registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts or AAS or higher college degree in early childhood education or child development.

(j) Directors who are already employed or licensed on the effective date of this rule must complete the training required in WAC 388-150-180 (2)(i) prior to or within twelve months after the effective date of this rule.

(3) When the director does not meet the qualifications specified in subsections (2)(e), (f), (g), and (h) of this section, the director or licensee shall employ a program supervisor responsible for planning and supervising the center's learning and activity program. In such a case, the director shall have had at least one three credit college class in early childhood development. The program supervisor shall:

(a) Be twenty-one years of age or older;

(b) Meet the education, experience, and competency qualifications specified under subsection (2)(e), (f), (g), ((and)) (h), (i), and (j) of this section; and

(c) Discharge on-site program supervisory duties twenty hours or more a week.

(4) For the center serving the school age child only, the program supervisor may substitute equivalent courses in education, recreation, or physical education for required education.

(5) The director and program supervisor may be one and the same person when qualified for both positions. The director or program supervisor shall normally be on the premises while the child is in care. If temporarily absent from the center, the director and program supervisor shall leave a competent, designated staff person in charge who meets the qualifications of a lead staff person.

(6) The director and program supervisor may also serve as child care staff when such role does not interfere with the director's or program supervisor's management and supervisory responsibilities.

(7) Center staffing. The licensee shall ensure the lead child care staff person in charge of a child or a group of children implementing the activity program:

(a) Is eighteen years of age or older; and

(b) Possesses a high school education or equivalent; or

(c) Has child development knowledge and experience;

(d) Has completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (7)(e) of this section:

(i) Twenty clock hours or two college quarter credits of basic training. Training shall be approved by the Washington state training and registry system (Washington STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education or child development.

(e) Lead child care staff persons who are already employed on the effective date of this rule must complete the training required in WAC 388-150-180 (7)(d) prior to or within twelve months after the effective date of this rule.

(8) The licensee may assign a child care assistant or aide to support lead child care staff. The child care assistant or aide shall be sixteen years of age or older. The child care assistant or aide shall care for the child under the direct supervision of the lead child care staff person. The licensee shall ensure no person under eighteen years of age is assigned sole responsibility for a group of children. The assistant or aide, eighteen years of age or older, may care for a child or group of children without direct supervision by a superior for a brief period time.

(9) The licensee may arrange for a volunteer to support lead child care staff. The volunteer shall be sixteen years of age or older. The volunteer shall care for the child under the direct supervision of the lead child care staff person. The licensee may count the volunteer in the staff-to-child ratio when the volunteer meets staff qualification requirements.

(10) Support service personnel. The licensee shall provide or arrange for fulfillment of administrative, clerical, accounting, maintenance, transportation, and food service responsibilities so the child care staff is free to concentrate on program implementation.

(11) The licensee shall ensure completion of support service duties occurs in a manner allowing the center to maintain required staff-to-child ratios.



[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), 388-150-180, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 91-07-013 (Order 3151), 388-150-180, filed 3/12/91, effective 4/12/91; 90-23-078 (Order 3103), 388-150-180, filed 11/20/90, effective 12/21/90.]



AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)



WAC 388-150-200  Staff development and training. (1) The licensee shall have an orientation system making the employee and volunteer aware of program policies and practices. The licensee shall provide staff an orientation including, but not limited to:

(a) Minimum licensing rules required under this chapter;

(b) Goals and philosophy of the center;

(c) Planned daily activities and routines;

(d) Child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) The health care plan;

(h) Fire prevention and safety procedures;

(i) Personnel policies, when applicable;

(j) Limited restraint techniques;

(k) Cultural relevancy; and

(l) Developmentally appropriate practices.

(2) The licensee shall provide or arrange for regular training opportunities for the child care staff to promote ongoing employee education and enhance practice skills.

(3) The licensee shall conduct periodic staff meetings for planning and coordination purposes.

(4) The licensee shall ensure:

(a) A staff person with basic, standard, current first aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training, is present at all times and in all areas the child is in care; and

(b) Staff's CPR training includes methods appropriate for child age groups in care.

(5) The licensee shall provide or arrange appropriate education and training for child care staff on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(6) The licensee shall ensure the staff person preparing full meals has a valid food handler permit.

(7) The licensee shall ensure that the director, program supervisor and lead staff annually, beginning one year after licensure or employment, complete ten clock hours or one college quarter credit of training approved by the Washington state training and registry system (STARS). For those already employed or licensed on the effective date of this rule, this requirement for annual training shall begin one year after the effective date of this rule.

For the director and the program supervisor, five of the ten hours of training shall be in program management and administration.



[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), 388-150-200, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), 388-150-200, filed 11/20/90, effective 12/21/90.]



AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)



WAC 388-150-470  Personnel policies and records. (1) Each employee and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee or director by the date of hire:

(a) An application for employment on a department-prescribed form, or its equivalent; and

(b) A criminal history and background inquiry form.

(i) The licensee shall submit this form to the department for the employee and volunteer, within seven calendar days of the employee's first day of employment, permitting a criminal and background history check.

(ii) The department shall discuss the inquiry information with the licensee or director, when applicable.

(2) Each employee serving as a director, program supervisor, or lead child care staff person shall complete and submit to the licensee or director by the date of hire a Washington state training and registry system (STARS) profile form. The licensee shall submit this form to the Washington state training and registry system within seven calendar days of the employee's first day of employment, to permit the department to track the employee's compliance with training requirements.

(3) The licensee employing five or more persons shall have written personnel policies describing staff benefits, if any, duties, and qualifications.

(((3))) (4) The licensee shall maintain a personnel recordkeeping system, having on file, on the premises, for the licensee, staff person, and volunteer:

(a) An employment application, including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(c) A record of tuberculin skin test results, x-ray, or an exemption to the skin test or x-ray;

(d) Documentation of HIV/AIDS education and training;

(e) A record of participation in staff development training;

(f) Documentation of orientation program completion;

(g) Documentation of a valid food handler permit, when applicable; ((and))

(h) Documentation of current first aid and CPR training, when applicable; and

(i) Documentation of basic and annual training required under WAC 388-150-180 (2)(i) or (7)(b) and 388-150-200(7), when applicable.



[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), 388-150-470, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), 388-150-470, filed 11/20/90, effective 12/21/90.]

SHS-2474.7

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)



WAC 388-151-010  Definitions. As used and defined under this chapter:

(((1))) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(((2))) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances indicating the child's health, welfare, or safety is harmed thereby.

(((3))) "Department" means the state department of social and health services (DSHS), the organization vested with the legal authority to regulate and certify school-age child care centers.

(((4))) "Department of health" means the state department of health.

(((5))) "License" means a permit issued by the department authorizing by law the licensee to operate a school-age child care center and affirming the licensee meets requirements under licensure.

(((6))) "Licensee" means the person, organization, or legal entity responsible for operating the center.

(((7))) "Licensor" means the person employed by the department to regulate and license a school-age child care center.

(((8))) "Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

(((9))) "School-age child" means a child five years of age through twelve years of age attending a public or private school.

(((10))) "School-age child care center" means a program operating in a facility other than a private residence, accountable for school-age children when school is not ((is)) in session. It shall meet department licensing requirements, provide adult-supervised care, and a variety of developmentally appropriate activities.

(((11))) "Staff" means a child care giver or a group of child care givers employed by the licensee to supervise a child served at the center.

"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.



[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-010, filed 12/30/92, effective 1/30/93.]



AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)



WAC 388-151-180  Staff pattern and qualifications. (1) General qualifications. The licensee, staff, volunteer, and other person associated with the operation of the center who has access to the child in care shall:

(a) Be of good character;

(b) Demonstrate the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural, emotional, mental, physical, and social needs of the child in care; and

(c) Not have committed or been convicted of child abuse or any crime involving harm to another person.

(2) Program director. The licensee shall serve as or employ a director responsible for the overall management of the center's facility and operation. The director shall:

(a) Be twenty-one years of age or older;

(b) Serve as administrator of the center, ensuring compliance with licensing requirements;

(c) Have knowledge of development of school-age children as evidenced by professional references, education, experience, and on-the-job performance;

(d) Have the management and supervisory skills necessary for the proper administration for the center including:

(i) Record maintenance;

(ii) Financial management; and

(iii) Maintenance of positive relationships with staff, children, parents, and the community.

(e) Employ, provide, or arrange for fulfillment of clerical, accounting, maintenance, transportation, and food service responsibilities so the child care staff is free to concentrate on program implementation and maintaining the required staff-to-child ratio;

(f) Have completed thirty or more college quarter credits in early childhood education/child development, elementary education, or possess an equivalent educational background in courses such as recreation, physical education, education, music, art, home economics, psychology, or social services;

(g) Have two or more years of successful experience working with school-age children as evidenced by professional references and on-the-job performance; ((and))

(h) Have planning, coordination, and supervisory skills to implement a high quality, developmentally appropriate program; and

(i) Have completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (2)(i) of this section:

(i) Twenty clock hours or two college quarter credits of basic training. Training shall be approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in child development, early childhood education, school-age care, elementary education, special education or recreation; or

(iii) An associate or arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(j) Program directors who are already employed or licensed on the effective date of this rule must complete the training required in WAC 388-151-180 (2)(h) prior to or within twelve months after the effective date of this rule.

(3) Site coordinator. The licensee may employ a site coordinator responsible for program planning and implementation. The site coordinator shall be under the regular supervision of the program director.

(4) The site coordinator and program director may be one and the same person when qualified for both positions. The site coordinator shall:

(a) Be twenty-one years of age or older;

(b) Have completed thirty or more college quarter credits in early childhood education/child development, elementary education, or possess an equivalent educational background in courses such as recreation, physical education, education, music, art, psychology, or social services;

(c) Serve as staff supervisor;

(d) Have demonstrated knowledge in:

(i) Behavior management skills specific to school-age children;

(ii) Program management skills; and

(iii) School-age child activity planning and coordinating skills.

(e) Have a minimum of two years experience working with school-age children, or possess equivalent experience.

(f) Have completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (4)(g) of this section:

(i) Twenty clock hours or two college quarter credits of initial training. Training shall be approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education or recreation; or

(iii) Forty-five or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or

(iv) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(g) Site coordinators who are already employed on the effective date of this rule must complete the training required in WAC 388-151-180 (4)(f) prior to or within twelve months after the effective date of this rule.

(5) The program director or site coordinator shall normally be on the premises while the child is in care. If temporarily absent from the center, the director and site coordinator shall leave a competent, designated staff person in charge.

(6) The director and site coordinator may also serve as child care staff when such role does not interfere with the director's or site coordinator's management and supervisory responsibilities.

(7) Center staffing. The licensee may employ a lead school-age child care staff person to be in charge of a child or a group of children. Lead school-age child care staff shall:

(a) Be eighteen years of age or older;

(b) Possesses a high school education or equivalent;

(c) Have school-age child development knowledge and experience; and

(d) Have the ability to implement the activity program.

(8) The licensee may employ a child care assistant, volunteer, or trainee. The assistant, volunteer, or trainee shall support staff. The school age child care assistant, volunteer, or trainee shall:

(a) Be sixteen years of age or older; and

(b) Care for the child only under direct supervision.

(9) The licensee shall ensure no person under eighteen years of age is assigned sole responsibility for a group of children. The assistant, eighteen years of age or older, may be assigned sole responsibility for a child or group of children for a brief period of time.

(10) The licensee may count the assistant, volunteer, or trainee in the staff-to-child ratio when that person meets staff requirements.



[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-180, filed 12/30/92, effective 1/30/93.]



AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)



WAC 388-151-190  Group size and staff-child ratios. (1) The licensee shall maintain, at minimum, a 1:15 staff-child ratio and a maximum group size of thirty or fewer children.

(2) The licensee shall conduct activities for each group in a specific classroom or other defined space within a larger area.

(3) The licensee shall ensure each group is under the supervision of a qualified staff person or team of staff.

(4) The department may approve reasonable variations to group size limitations if the licensee maintains required staff-to-child ratios, dependent on:

(a) Staff qualifications;

(b) Program structure; and

(c) Usable space.

(5) The licensee shall ensure staff keep each child within continuous visual or auditory range, except when the child uses the toilet.

(6) When only one staff person is present, the licensee shall ensure a second staff person is readily available in case of an emergency.

(7) The licensee shall ensure that each group of children is supervised by a staff person who has completed one of the following prior to or within the first six months of employment except as provided in subsection (8) of this section:

(a) Twenty clock hours or two college quarter credits of initial training. Training shall be approved by the Washington state training and registry system (STARS); or

(b) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or

(c) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(8) Staff persons who are required to complete the training described in WAC 388-151-190(7) and who are already employed on the effective date of this rule must complete the training prior to or within twelve months after the effective date of this rule.



[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-190, filed 12/30/92, effective 1/30/93.]



AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)



WAC 388-151-200  Staff development, orientation, and training. (1) The licensee shall have an orientation system making the employee, volunteer, and trainee aware of program policies and practices. The licensee shall provide staff an orientation including, but not limited to:

(a) Licensing rules required under this chapter;

(b) Goals and philosophy of the center;

(c) Planned daily activities and routines;

(d) Age-appropriate child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) Fire prevention and safety procedures; and

(h) Personnel policies.

(2) The licensee shall provide or arrange regular training opportunities for the child care staff to:

(a) Promote ongoing employee education;

(b) Enhance practice skills;

(c) Increase cultural awareness; and

(d) Accommodate special health and developmental needs of the individual child.

(3) The licensee shall conduct periodic staff meetings for planning and coordination purposes.

(4) The licensee shall ensure:

(a) A staff person with basic, standard, current first aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training is present at all times while the child is in care; and

(b) Staff's CPR training includes methods appropriate for school-age children in care.

(5) The licensee shall provide or arrange appropriate education and training for child care staff on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(6) The licensee shall ensure the person preparing full meals for the center has a valid food handler permit.

(7) The licensee shall ensure that the director, site coordinator and, where the program serves more than one group of children, at least one staff person for every group of children, complete ten clock hours or one college quarter credit of training annually, beginning one year after licensure or employment in a licensed child care facility, complete ten clock hours or one college quarter credit of training approved by Washington state registry and training system (STARS). For those already employed or licensed on the effective date of this rule, the requirement for annual training shall begin one year after the effective date of the rule.

For the director and the site coordinator, five of the ten hours of training shall be in program management and administration.



[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-200, filed 12/30/92, effective 1/30/93.]



AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)



WAC 388-151-470  Personnel policies and records. (1) Each employee and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee or director by the date of hire:

(a) An application for employment on a department-prescribed form or its equivalent; and

(b) A criminal history and background inquiry form:

(i) The licensee shall submit this form to the department for the employee and volunteer, within seven calendar days of the employee's first day of employment, permitting a criminal and background history check; and

(ii) The department shall discuss the inquiry information with the licensee or director, when applicable.

(2) Each employee serving as a program director, site coordinator, or staff person required to complete training under WAC 388-151-190(7) shall complete and submit to the licensee or director by the date of hire a Washington state training and registry system (STARS) profile form. The licensee shall submit this form to the Washington state training and registry system within seven calendar days of the employee's first day of employment, permitting tracking of the employee's compliance with training requirements.

(3) The licensee shall have written personnel policies describing staff benefits, if any, duties, qualifications, grievance procedures, pay dates, and nondiscrimination policies.

(((3))) (4) The licensee shall maintain a personnel record keeping system, having on file for the licensee, staff person, and volunteer:

(a) An employment application including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(c) A record of Mantoux method tuberculin skin test results, x-ray, or an exemption to the skin test or x-ray;

(d) Documentation on HIV/AIDS education and training;

(e) A record of participation in staff development training;

(f) Documentation of orientation program completion;

(g) Documentation of a valid food handler permit, when applicable; ((and))

(h) Documentation of current first aid and CPR training, when applicable; and

(i) Documentation of basic and annual training required under WAC 388-151-180 (2)(i) and (4)(f), 388-151-190(7) and 388-151-200(7).



[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), 388-151-470, filed 12/30/92, effective 1/30/93.]

SHS-2469.4

AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)



WAC 388-155-010  Definitions. As used and defined under this chapter:

(((1))) "Assistant" means a child care giver or child care givers employed by the licensee to supervise a child served at the home.

(((2))) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(((3))) "Child" means a person seventeen years of age and under.

(((4))) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by a person under circumstances indicating the child's health, welfare, and safety is harmed.

(((5))) "Department" means the state department of social and health services.

(((6))) "Department of health" means the state department of health.

(((7))) "Family abode" means "a single dwelling unit and accessory buildings occupied for living purposes by a family which provides permanent provisions for living, sleeping, eating, cooking, and sanitation."

(((8))) "Family child care home" means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, within a birth through eleven-years-of-age range exclusively, for periods less than twenty-four hours.

(((9))) "Family child day care home" means the same as "family child care home" and "a child day care facility, licensed by the state, located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home."

(((10))) "Family residence" means the same as "family abode."

(((11))) "Home" means the same as "family child care home."

(((12))) "License" means a permit issued by the department authorizing by law the licensee to operate a family child care home and certifying the licensee meets minimum requirements under licensure.

(((13))) "Licensee" means the person, organization, or legal entity responsible for operating the home.

(((14))) "Premises" means the buildings where the home is located and the adjoining grounds over which the licensee has control.

(((15))) "Provider" means the same as "licensee."

(((16))) "Under two years of age" means a child twenty-three months of age or younger.

"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.



[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-010, filed 2/1/91, effective 3/4/91.]



AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)



WAC 388-155-180  Staffing--Qualifications. (1) General qualifications. The licensee, assistant, volunteer, and other person associated with the operation of the home who has access to the child in care shall:

(a) Be of good character;

(b) Have the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural emotional, mental, physical, and social needs of the child in care; and

(c) Not have committed or been convicted of child abuse or any crime involving physical harm to another person.

(2) The licensee shall:

(a) Be eighteen years of age or older;

(b) Be the primary child care provider; ((and))

(c) Ensure compliance with minimum licensing requirements under this chapter; and

(d) Have completed one of the following prior to or within the first six months of initial licensure except as provided in (e) of this subsection:

(i) Twenty clock hours or two college quarter credits of basic training approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts or AAS or higher college degree in early childhood education, child development, school age care, elementary education or special education.

(e) Licensees already licensed on the effective date of this rule must complete the training required in WAC 388-150-180 (2)(d) prior to or within twelve months after the effective date of this rule.

(3) The assistant shall be:

(a) Fourteen years of age or older; or

(b) Eighteen years of age or older if assigned sole responsibility for the child in care; and

(c) Competent to exercise appropriate judgements.



[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-180, filed 2/1/91, effective 3/4/91.]



AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)



WAC 388-155-200  Development and training. (1) The licensee shall have an orientation system making the new employee and volunteer aware of policies and practices. The licensee shall provide the new employee or volunteer an orientation including, but not limited to:

(a) Minimum licensing rules required under this chapter;

(b) Goals and philosophy of the home;

(c) Daily activities and routines;

(d) Child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) The health care plan;

(h) Fire prevention and safety procedures; and

(i) Personnel policies, when applicable.

(2) The licensee shall:

(a) Obtain basic, standard first aid, and cardiopulmonary resuscitation (CPR) training, approved by the department of health. CPR training shall include methods appropriate for child age groups in care; ((and))

(b) Ensure that first aid and CPR training is current; and

(c) Annually, beginning one year after licensure, complete ten clock hours or one college quarter credit of training. Training must be approved by the Washington state training and registry system (STARS). For those already licensed on the effective date of this rule, this requirement for annual training shall begin one year after the effective date of this rule.

(3) The licensee shall ensure the assistant eighteen years of age or older obtains basic, standard first aid, and CPR training approved by the department of health if the assistant will be solely responsible for the child in care.

(4) The licensee and assistant shall obtain appropriate education and training on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(5) The licensee shall encourage the assistant to participate in training opportunities to promote ongoing education and enhance practice skills.

(6) The licensee shall conduct periodic meetings for planning and coordination purposes when applicable.



[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-200, filed 2/1/91, effective 3/4/91.]



AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)



WAC 388-155-470  Personnel records. (1) Each assistant and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee by the date of hire:

(a) An application for employment on a department-prescribed form, or its equivalent; and

(b) A criminal history and background inquiry form.

(i) The licensee shall submit this form to the department for the employee and volunteer, within seven calendar days of the assistant's or volunteer's first day of employment, permitting a criminal and background history check.

(ii) The department shall discuss the result of the criminal history and background inquiry information with the licensee, when applicable.

(2) The licensee, assistant, and volunteer shall have on file at the home:

(a) An employment application, including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(c) A record of the tuberculin skin test results, x-ray, or an exemption to the skin test or x-ray;

(d) Documentation of HIV/AIDS education and training; ((and))

(e) Documentation of current first aid and CPR training, when applicable; and

(f) Documentation of basic and annual training required under WAC 388-155-180 (2)(d) and 388-155-200 (2)(c), when applicable.



[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-470, filed 2/1/91, effective 3/4/91.]

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