WSR 04-10-095

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed May 4, 2004, 3:23 p.m. ]

Continuance of WSR 04-07-134.

Preproposal statement of inquiry was filed as WSR 02-23-015.

Title of Rule: Child care business regulations for family home child care, proposed new chapter 388-296 WAC and repealing existing sections in chapter 388-155 WAC.

Purpose: This notice is to set an additional public hearing on these proposed rules at 6:30 p.m., June 15, 2004, at the Perry Technical Institute, 2011 West Washington Avenue, Yakima, WA. The hearing will be conducted in English and Spanish. This notice also extends the written comment deadline to 5:00 p.m., June 16, 2004. This notice, the text of the proposed rule, and a summary of changes from the current family home child care rules, are available in Spanish by contacting the person listed below.

The DSHS Economic Services Administration (ESA) is proposing to repeal all sections of chapter 388-155 WAC, Minimum licensing requirements for family home child care, and replace those with new chapter 388-296 WAC, Child care business regulations for family home child care.

Statutory Authority for Adoption: RCW 74.08.090 and 74.15.030; chapters 74.12 and 74.15 RCW.

Statute Being Implemented: Chapters 74.12 and 74.15 RCW.

Summary: ESA is rewriting the WACs for the licensing requirements for family home child care under new chapter 388-296 WAC. The family home child care rules explain DSHS' responsibilities in licensing child care homes, as well as the minimum standards that those entities must comply with in order to become and remain licensed to provide child care. This chapter has been rewritten in clear rule-writing style, with a question and answer format, to make it more understandable to ESA's customers. In addition, rules pertaining to the health aspect of child care requirements have been included in this chapter.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mary Oakden, Licensing Policy Program Manager, 1009 College S.E., Lacey, WA 98504, (360) 413-3286.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The Department of Social and Health Services' Economic Services Administration (ESA) is proposing to repeal all sections [of] chapter 388-155 WAC, Minimum licensing requirements for family home child care, and replace those with new chapter 388-296 WAC, Child care business rules for family home child care.

Proposal Changes the Following Existing Rules: The sections of chapter 388-155 WAC have been reorganized and rewritten in clear rule-writing language and components of each section clarified. The intent of moving these rules to a new chapter is to make it easier for child care providers to follow the rules and for licensing field staff to enforce the rules uniformly across the state, and to consolidate all child care rules in a common area of Title 388 WAC, chapters 388-290 through 388-297 WAC. In addition, rules pertaining to the health aspect of child care requirements have been included in this chapter.

This notice, the text of the proposed rule, and a summary of changes from the current family home child care rules, are available in Spanish by contacting the person listed above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not have an economic impact on small businesses. This rule revision does not contain any requirements that would result in an increase in more than minimal costs to the licensed child care providers that are not already in the rules that are currently in effect.

RCW 34.05.328 applies to this rule adoption. This proposed rule meets the definition of a significant legislative rule as described in RCW 34.05.328. The department has determined this rule proposal does not impose any more costs that are more than minimal, and the benefits will exceed any probable costs. A copy of the "evaluation of probable costs and benefits" may be obtained by contacting the person listed above.

Hearing Location: Lacey Government Center, 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on June 3, 2004, at 6:30 p.m.; at Rock Point East, 1313 North Atlantic Street, Suite 2000, Spokane, WA 99201, on June 8, 2004, at 6:30 p.m.; and at the Perry Technical Institute, 2011 West Washington Avenue, Yakima, WA 98903, on June 15, 2004, at 6:30 p.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 26, 2004, phone (360) 664-6094, TTY (360) 664-6178, e-mail Fernaax@dshs.wa.gov. Call (360) 664-6094 or 664-6097 for directions to the hearing locations.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m. June 16, 2004.

Date of Intended Adoption: Not sooner than June 17, 2004.

April 30, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Legislature Code Reviser 

Register

Washington State Code Reviser's Office