WSR 17-11-138 EMERGENCY RULES DEPARTMENT OF EARLY LEARNING [Filed May 24, 2017, 10:13 a.m., effective May 27, 2017] Effective Date of Rule: May 27, 2017.
Purpose: Align chapters 170-295 and 170-296A WAC with new chapter 170-300 WAC.
Citation of Existing Rules Affected by this Order: Repealing WAC 170-295-0060, 170-295-0150, 170-295-7031, 170-296A-1250, 170-296A-1275, 170-296A-1400, 170-296A-2000, 170-296A-2750, 170-296A-2800 and 170-296A-4000; and amending WAC 170-295-0030, 170-295-0090, 170-295-1010, 170-295-7010, 170-295-7030, 170-295-7080, 170-296A-0010, 170-296A-1100, 170-296A-1375, 170-296A-1430, 170-296A-1475, 170-296A-5775, 170-296A-5825, 170-296A-8000, 170-296A-8010, 170-296A-8025, 170-296A-8050, 170-296A-8060, and 170-296A-8150.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Alignment is necessary in order to ensure that licensed family home and child care center providers have clarity as to requirements and the rules they are subject to are consistent.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 19, Repealed 10.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 19, Repealed 10.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 24, 2017.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-295-0030 Eligibility to receive state child care subsidies.
To be eligible to receive state child care subsidies for children in their care, individuals, entities and agencies must:
(1) Be licensed or certified;
(2) Be a seasonal camp that has a contract with DEL and is certified by the American Camping Association;
(3) Follow billing policies and procedure in Child Care Subsidies: A Booklet for Licensed and Certified Child Care Providers, revised 2012;
(4) Bill at the individual's, entity's, or agency's customary rate or the state rate, whichever is less; and
(5) Keep attendance records as described in WAC 170-295-7030 and invoices for state-paid children on-site for at least five years as provided in WAC ((170-295-7031)) 170-300-0465.
AMENDATORY SECTION (Amending WSR 12-09-060, filed 4/17/12, effective 5/18/12)
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;
(e) Child records and information; and
(f) Other rules that require us to observe the facility's ability to comply with rules.
(3) Applicants must provide the department with a plan to comply with the rules listed in subsection (2)(a) through (f) of this section. The department must approve of that plan.
(4) The department may issue an initial license to an applicant for a period not to exceed six months, renewable for a period not to exceed two years.
(5) When a licensee has an initial license the department evaluates the licensee's ability to comply with all rules contained in this chapter and chapter 170-300 WAC prior to issuing a nonexpiring full license under WAC 170-295-0095.
(6) The department may issue a nonexpiring full license to a licensee operating under an initial license who:
(a) Demonstrates full compliance with the health and safety requirements of this chapter and chapter 170-300 WAC at any time during the period of initial licensure;
(b) Demonstrates substantial compliance with the other requirements of this chapter and chapter 170-300 WAC at any time during the period of initial licensure; and
(c) Meets the requirements for a nonexpiring full license as provided in WAC 170-295-0095.
(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 and chapter 170-300 WAC during the period of initial licensure.
(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.
(13) If an applicant or licensee withdraws an application before the department denies or issues a license, the fee shall not be refunded.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-295-7010 Information to be kept in the child's individual file.
(1) Licensees must keep current organized confidential records and information about each child in care on the premises as provided in WAC ((170-295-7031)) 170-300-0465, and must make sure that each child's record contains, at a minimum:
(a) Completed enrollment application signed by the parent;
(b) Name, birth date, dates of enrollment and termination, and other identifying information;
(c) Name, address, and home and business telephone number of the parent and other person to be contacted in case of an emergency;
(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 can not 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
(j) Written records of any medications given while the child is at child care.
(2) Licensees must include the following authorizations in each child's record:
(a) Name, address, and telephone number of the person authorized to remove the child from the center;
(b) Written parental consent for transportation to and from school; and
(c) Written parental consent for transportation provided by the center to and from field trips, including field trip location, date of trip, departure and arrival times and any other additional information on which the parent may need to be advised.
(3) Licensees may use any health history form that the licensee chooses as long as it includes:
(a) The date of the child's last physical exam or the date the child was last seen by a health 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.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-295-7030 Attendance records.
Licensees must keep daily attendance records.
(1) 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;
(2) When the child leaves the center to attend school or participate in ((offsite)) off-site 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
(3) 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 ((170-295-7031)) 170-300-0465.
AMENDATORY SECTION (Amending WSR 12-09-060, filed 4/17/12, effective 5/18/12)
WAC 170-295-7080 Materials that must be posted.
Licensees must post the following items so that they are clearly visible to the parent and staff:
(1) The center's child care license issued under this chapter and chapter 170-300 WAC;
(2) A schedule of regular duty hours with the names of staff;
(3) A typical activity schedule, including operating hours and scheduled mealtimes;
(4) Meal and snack menus for the month;
(5) Fire safety record and evacuation plans and procedures, including a diagram of exiting routes;
(6) Emergency telephone numbers near the telephone;
(7) Nondiscrimination poster;
(8) For the staff, the licensee must post:
(a) Dietary restrictions and nutrition requirements for particular children;
(b) Handwashing practices;
(c) Diaper changing procedures, if applicable;
(d) Disaster preparedness plan; and
(e) Center policies and procedures.
(9) The licensee must post a notification advising parents that the licensee is required to keep a file on-site for their review containing copies of the most recent child care center monitoring checklist and facility licensing compliance agreement for any deficiencies noted.
REPEALER
The following sections of the Washington Administrative Code are repealed:
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-1010 Who can be the director of a child care center?
If you apply for a license to operate a child care center, you may be the director yourself, or you can hire a director. The director is responsible for the overall management of the center's facility and operation and ensures that the center follows the minimum licensing requirements. The director must:
(1) Be at least ((twenty-one)) eighteen years of age or older;
(2) Have knowledge of child development as evidenced by professional reference, education, experience, and on-the-job performance;
(3) Have written proof of education including:
(a) A current child development associate certificate (CDA); or
(b) The following minimum number of college quarter* credits or combination of college quarter credits and department-approved clock hours (ten clock hours equals one college credit) in early childhood education or child development:
*Note: One college semester credit equals one and one half (1.5) college quarter hours.
(4) Have at least two years experience working with children the same age level as the center serves;
(5) Not let the provision of child care interfere with management or supervisory responsibilities;
(6) Be on the premises for the majority of the hours that care is provided and designate a person to be in charge that meets the qualifications of a lead teacher when not present; and
(7) Meet the STARS requirement and be listed in the state training and registry system (STARS).
AMENDATORY SECTION (Amending WSR 14-13-056, filed 6/12/14, effective 7/13/14)
WAC 170-296A-0010 Definitions.
The following definitions apply throughout this chapter unless the context clearly indicates otherwise. Certain definitions appear in the section the term is used if the definition applies only to a specific section or sections:
"Accessible to children" means areas of the facility and materials that the children can easily get to on their own.
"Agency" as used in this chapter, has the same meaning as in RCW 43.215.010 (1)(c).
"Available" means accessible and ready for use or service.
"Bathroom" means any room containing a built-in flush-type toilet.
"Capacity" means the maximum number of children the licensee is authorized by the department to have in care at any given time.
"Child" means an individual who is younger than age thirteen, including any infant, toddler, preschool-age child, or school-age child as defined in this chapter.
"Child abuse or neglect" has the same meaning as "abuse or neglect" under RCW 26.44.020 and chapter 388-15 WAC.
"Child care" means the developmentally appropriate care, protection, and supervision of children that is designed to promote positive growth and educational experiences for children outside the child's home for periods of less than twenty-four hours a day.
"Clean" or "cleaning" means to remove dirt and debris (such as soil, food, blood, urine, or feces) by scrubbing and washing with a soap or detergent solution and rinsing with water. Cleaning is the first step in the process of sanitizing or disinfecting a surface or item.
"Confidential" means the protection of personal information, such as the child's records, from persons who are not authorized to see or hear it.
"Denial of a license" means an action by the department to not issue a child care license to an applicant for an initial license, or to a licensee operating under an initial license seeking a nonexpiring full license, based on the applicant's or initial licensee's inability or failure to meet the requirements of chapter 43.215 RCW or requirements adopted by the department pursuant to chapter 43.215 RCW.
"Department" or "DEL" means the Washington state department of early learning.
"Developmentally appropriate" means curriculum, materials or activities provided at a level that is consistent with the abilities or learning skills of the child.
"Discipline" means a method used to redirect a child in order to achieve a desired behavior.
"Disinfect" or "disinfecting" means to eliminate virtually all germs on a surface by the process of cleaning and rinsing, followed by:
(a) A chlorine bleach and water solution of one tablespoon of chlorine bleach to one quart of cool water, allowed to stand wet for at least two minutes; or
(b) Other disinfectant product if used strictly according to the manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled safe for food contact surfaces.
"DOH" means the Washington state department of health.
"DSHS" means the Washington state department of social and health services.
"Enforcement action" means a department issued:
(a) Denial, suspension, revocation or modification of a license;
(b) Probationary license;
(c) Civil monetary penalty (fine); or
(d) Disqualification from having unsupervised access to children in care.
"Family home child care" means a facility licensed by the department where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.215.010 (1)(c).
"Family living quarters" means a licensee's or license applicant's residence and other spaces or buildings on the premises that meet the facility requirements of this chapter and are approved by the department for child care.
"Fine" has the same meaning as "civil monetary penalty," "civil fines," or "monetary penalty" under chapter 43.215 RCW.
"Inaccessible to children" means an effective method or barrier that reasonably prevents a child's ability to reach, enter, or use items or areas.
"Infant" means a child age birth through eleven months of age.
"Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.
"Licensee" for the purposes of this chapter, means the individual listed on a family home child care license issued by the department of early learning authorizing that individual to provide child care under the requirements of this chapter and chapters 170-300 WAC and ((chapter)) 43.215 RCW.
"Licensor" means an individual employed by the department and designated by the director to inspect and monitor an agency or other child care facility for compliance with the requirements of this chapter and chapter 43.215 RCW.
"MERIT" means the managed education registry information tool used to track professional development for early learning professionals. See also "STARS."
"Modification of a license" means department action to change the conditions identified on a current license.
"Nonexpiring full license" or "nonexpiring license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-296A-1450.
"Nonprescription medication" means any of the following:
(a) Nonaspirin fever reducers or pain relievers;
(b) Nonnarcotic cough suppressants;
(c) Cold or flu medications;
(d) Antihistamines or decongestants;
(e) Vitamins;
(f) Ointments or lotions specially intended to relieve itching;
(g) Diaper ointments and talc free powders specially used in the diaper area of children;
(h) Sun screen;
(i) Hand sanitizer gels; or
(j) Hand wipes with alcohol.
"One year of experience" means at least twelve months of early learning experience as demonstrated by a resume and references:
(a) In a supervisory role in a child care setting where the individual was responsible for supervising staff and complying with licensing standards; or
(b) As a Washington state:
(i) Child care center or school age center director, program supervisor, or lead teacher as defined in chapters 170-151 and 170-295 WAC; or
(ii) Family home child care licensee or qualified primary staff person.
"Overnight care" means child care provided for a child anytime between the hours of eight o'clock at night and six o'clock in the morning that includes a sleep period for the child.
"Personal needs" means an individual's hygiene, toileting, medication, cleansing, eating or clothing needs. "Personal needs" does not mean smoking or use of tobacco products, illegal drug use or misuse of prescription drugs, conducting business or related activities, sleeping or napping, screen time, or leaving children in care unattended.
"Physical restraint" means the practice of rendering a child helpless or keeping a child in captivity.
"Poison" for the purposes of this chapter includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items, that even in small quantities are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.
"Premises" means the licensed or unlicensed space at the licensed address including, but not limited to, buildings, land and residences.
"Preschool age child" means a child age thirty months through six years of age who is not attending kindergarten or elementary school.
"Primary staff person" means a staff person other than the licensee who has been authorized by the department to care for and have unsupervised access to children in care.
"RCW" means Revised Code of Washington.
"Revocation" or "revoke" means the formal action by the department to close a child care business and take the license due to the licensee's failure to comply with chapter 43.215 RCW or requirements adopted pursuant to chapter 43.215 RCW.
"Sanitize" means to reduce the number of microorganisms on a surface by the process of:
(a) Cleaning and rinsing, followed by using:
(i) A chlorine bleach and water solution of three-quarters teaspoon of chlorine bleach to one quart of cool water, allowed to stand wet for at least two minutes; or
(ii) Another sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as safe for food contact surfaces; or
(b) For laundry and dishwasher use only, "sanitize" means use of a bleach and water solution or temperature control.
"School age child" means a child not less than five years of age through twelve years of age who is attending kindergarten or school.
"Screen time" means watching, using or playing television, computers, video games, video or DVD players, mobile communication devices, and similar devices.
"Sleeping equipment" includes a bed, cot, mattress, mat, crib, bassinet, play yard or "pack and play." "Sleeping equipment" does not include any car seat or infant swing.
"Staff" unless referring specifically to a "primary staff person," means any primary staff person, assistant, or volunteer helping to provide child care, or a household member acting in the capacity of a primary staff person, assistant or volunteer, whether compensated or not compensated.
"STARS" means the state training and registry system.
"Suspension of a license" means a formal department action to stop a license pending a department decision regarding further enforcement action.
"Toddler" means a child age twelve months through twenty-nine months of age.
"Unlicensed space" means the indoor and outdoor areas of the premises, not approved as licensed space by DEL, that the licensee must make inaccessible to the children during child care hours.
"Unsupervised access" has the same meaning as "unsupervised access" in WAC 170-06-0020.
"WAC" means the Washington Administrative Code.
"Weapons" means an instrument or device of any kind that is used or designed to be used to inflict harm including, but not limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices, or fighting implements.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-1100 Tribal or military regulated or operated child care—Certification for payment.
(1) A family home child care that is regulated by an Indian tribe or the federal Department of Defense is exempt from licensing.
(2) A tribe or a child care regulated by the federal Department of Defense may request certification:
(a) For subsidy payment only; or
(b) As meeting licensing standards of this chapter and chapter 170-300 WAC.
(3) A child care seeking certification under this section must be located on the premises over which the tribe or federal Department of Defense has jurisdiction.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-1375 Private septic system—Inspection and maintenance.
(1) If the licensed premises is served by a private septic system (not connected to a sewer system) the septic system must be maintained in a manner acceptable to the local health jurisdiction.
(2) The licensee must follow the local health jurisdiction's requirements for periodic septic system inspection and maintenance.
(3) If there are no local health jurisdiction's requirements for periodic septic system inspections the licensee must:
(a) Have the system inspected by a septic system inspector certified by the local health jurisdiction:
(i) Within six months prior to submitting a license application under WAC 170-296A-1250; and
(ii) Every three years after an initial license is issued to the license applicant under this chapter and chapter 170-300 WAC.
(b) Maintain the septic system as required by the inspection report.
(4) Septic system inspection and maintenance records must be kept on the premises and made available to the department upon request.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-1430 Initial license.
An applicant who demonstrates compliance with health and safety requirements of this chapter and chapter 170-300 WAC, 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 licensee's child care experience.
(4) The department must evaluate the licensee's ability to follow all of the rules contained in this chapter and chapter 170-300 WAC during the initial license period.
(5) The department may issue a nonexpiring full license to a licensee operating under an initial license who:
(a) Demonstrates full compliance with the health and safety requirements of this chapter and chapter 170-300 WAC at any time during the period of initial licensure;
(b) Demonstrates substantial compliance with other requirements of this chapter and chapter 170-300 WAC at any time; and
(c) Meets the requirements for a nonexpiring full license as provided in WAC 170-296A-1450(1).
(6) 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 the rules contained in this chapter and chapter 170-300 WAC during the period of initial licensure.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
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 and chapter 170-300 WAC.
(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 date of the move. If the license is closed, the licensee must submit a new application for licensure under WAC ((170-296A-1250)) 170-300-0400 to reinstate the license.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-5775 Licensee absence.
(1) The licensee must have a written policy and procedure for staff to follow any time the licensee is absent from the child care. The policy and procedure must include, but is not limited to:
(a) A staffing plan to include:
(i) That a qualified primary staff person will be present and in charge at all times during the licensee's absence;
(ii) Staff roles and responsibilities;
(iii) How staff-to-child ratios will be met; and
(iv) How staff will meet the individual needs of children in care;
(b) How parents will be notified in writing of the licensee's absence described in WAC 170-296A-5810(1), closures, or staffing changes;
(c) Responsibility for meeting the requirements of this chapter and chapters 170-300 WAC and ((chapter)) 43.215 RCW;
(d) Emergency contact information for the licensee; and
(e) Licensee's expected outside work schedule if applicable.
(2) Prior to engaging in outside employment or ongoing activities outside the child care during operating hours, the licensee must inform the department in writing.
(3) The department must approve the licensee's policy and procedure for licensee absence. The department may require modifications to the proposed policy and procedure if it does not meet licensing requirements.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-5825 Licensee absence—Retraining for staff if standards are violated.
(1) The licensee must provide an orientation to all staff on licensing standards in this chapter and chapter 170-300 WAC, including the licensee's policies and procedures, and document when the training occurred and identify staff that received the training.
(2) If the department issues a facility license compliance agreement as a result of staff not following the licensing standards of this chapter in the licensee's absence, the licensee must:
(a) Retrain the staff on the licensing standards in this chapter and chapter 170-300 WAC; and
(b) Document that the retraining occurred.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-8000 Facility licensing compliance agreements.
At the department's discretion, when a licensee is in violation of this chapter, chapter 170-300 WAC, or ((chapter)) 43.215 RCW, a facility licensing compliance agreement may be issued in lieu of the department taking enforcement action.
(1) The facility licensing compliance agreement contains:
(a) A description of the violation and the rule or law that was violated;
(b) A statement from the licensee regarding the proposed plan to 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 completed.
(3) The licensee may request a supervisory review regarding the violation of rules or laws identified on the facility license compliance agreement.
(4) A facility license compliance agreement is not subject to appeal under chapter 170-03 WAC.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-8010 Nonreferral status.
In addition to or in lieu of an enforcement action under this chapter and chapter 170-300 WAC, the department may place a family home child care on nonreferral status as provided in RCW 43.215.300(4).
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-8025 Time period for correcting a violation.
The length of time the licensee has to make the corrections depends on:
(1) The seriousness of the violation;
(2) The potential threat to the health, safety and well-being of the children in care; and
(3) The number of times the licensee has violated rules in this chapter, chapter 170-300 WAC, or requirements under chapter 43.215 RCW.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-8050 Civil monetary penalties (fines).
A civil monetary penalty (fine) may be imposed when the licensee violates a rule in this chapter, chapter 170-300 WAC, or a requirement in chapter 43.215 RCW.
(1) A fine of one hundred fifty dollars per day may be imposed for each violation.
(2) The fine may be assessed and collected with interest for each day a violation occurs.
(3) A fine may be imposed in addition to other action taken against the license including probation, suspension, revocation or denial of a license renewal.
(4) At the department's discretion, a fine may be 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.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-8060 When fines are levied.
The department may base a fine for violation of a rule under this chapter, chapter 170-300 WAC, 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 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, chapter 170-300 WAC, 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 license compliance agreement that occurs more than once in a twelve-month time period.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
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, chapter 170-300 WAC, or any provisions of chapter 43.215 RCW.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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