WSR 07-01-068

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

EARLY LEARNING

[ Filed December 18, 2006, 11:40 a.m. ]

Subject of Possible Rule Making: WAC 170-296-0020, 170-296-0450, 170-296-0520, and possible other sections in chapter 170-296 WAC dealing with method of entry, times of entry, and access to records in licensed family child care homes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.215 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amend WAC 170-296-0450 and 170-296-0520, and create a new section to come into compliance with an oral ruling in DeLaO v. Arnold-Williams and Fernandez v. DSHS requiring the department to place limits on the times of inspection and areas that can be inspected in licensed family home child care. The federal district court ruling will invalidate portions of chapter 74.15 RCW and existing rules unless these limits on time and area are not placed into rule. This would affect the ability of the department to perform the inspections that help ensure the health, safety, and general welfare of children in licensed child care.

Process for Developing New Rule: Negotiated rule making; DEL will use negotiated rule making to gather wide input on these rules. We will host meetings where participants will help write the rules. Information about the negotiations will be available on our web site as locations are identified, http://www.del.wa.gov/ccel/rules/Rules.shtml#licensing. We hope for a large turnout of parents, child care providers, and others with an interest in our children.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Joel Roalkvam, P.O. Box 40970, Olympia, WA 98504-0970, phone (360) 725-4568, fax (360) 413-3482, e-mail licensing.concerns@del.wa.gov.

December 18, 2006

Jone M. Bosworth

Executive Director

Washington State Code Reviser's Office