5625 AMH ELHS PALC 039
SB 5625 - H COMM AMD
By Committee on Early Learning & Human Services
ADOPTED 04/05/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.215.260 and 2006 c 265 s 307 are each amended to read as follows:
(1) Each agency shall make application for a
license or ((renewal of)) the continuation of a full license to
the department on forms prescribed by the department. Upon receipt of such
application, the department shall either grant or deny a license or
continuation of a full license within ninety days. A license or
continuation shall be granted if the agency meets the minimum requirements
set forth in this chapter and the departmental requirements consistent with ((the
[this])) this chapter, except that an initial license may be issued
as provided in RCW 43.215.280. The department shall consider whether an
agency is in good standing, as defined in subsection (4)(b) of this section,
before granting a continuation of a full license. Full licenses provided
for in this chapter shall ((be issued for a period of three years)) continue
to remain valid so long as the licensee meets the requirements for a
nonexpiring license in subsection (2) of this section. The licensee,
however, shall advise the director of any material change in circumstances
which might constitute grounds for reclassification of license as to category.
The license issued under this chapter is not transferable and applies only to
the licensee and the location stated in the application. For licensed family
day care homes having an acceptable history of child care, the license may
remain in effect for two weeks after a move.
(2) In order to qualify for a nonexpiring full
license, a licensee must meet the following requirements on an annual basis as
established from the date of initial licensure:
(a) Submit the annual licensing fee;
(b) Submit a declaration to the department indicating the licensee's
intent to continue operating a licensed child care program, or the intent to
cease operation on a date certain;
(c) Submit a declaration of compliance with all licensing rules; and
(d) Submit background check applications on the schedule established by
the department.
(3) If a licensee fails to meet the requirements in subsection (2) of
this section for continuation of a full license, the license expires and the
licensee must submit a new application for licensure under this chapter.
(4)(a) The department shall establish time frames for monitoring visits
of nonexpiring licensees not less than every eighteen months for family day
care providers and not less than every twelve months for child day care centers
and school-age programs. It is not the intent of the legislature to limit more
frequent monitoring as determined by the department.
(b) For the purpose of this section, an agency is considered to be in
good standing if in the intervening period between monitoring visits that
agency does not have any of the following:
(i) Valid complaints;
(ii) A history of noncompliance related to those valid complaints or
pending from prior monitoring visits; or
(iii) Other information that when evaluated would result in a finding of
noncompliance with this section.
(c) The department shall consider whether an agency is in good standing
when determining the most appropriate approach and process for monitoring
visits, for the purposes of administrative efficiency while protecting children
consistent with this chapter. If the department determines that an agency is
not in good standing, the department may issue a probationary license, as
provided in RCW 43.215.290.
Sec. 2. RCW 43.215.290 and 2006 c 265 s 310 are each amended to read as follows:
(1) The department may issue a probationary license to a
licensee who has had ((a)) an initial, expiring, or other license
but is temporarily unable to comply with a rule or has been the subject of
multiple complaints or concerns about noncompliance if:
(a) The noncompliance does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue; and
(b) The licensee has a plan approved by the department to correct the area of noncompliance within the probationary period.
(2) Before issuing a probationary license, the
department shall, in writing, refer the licensee to the child care resource and
referral network or other appropriate resource for technical assistance. The
department may issue a probationary license pursuant to subsection (1) of this
section if within fifteen working days after the department has sent its
referral:
(a) The licensee, in writing, has refused the department's referral for
technical assistance; or
(b) The licensee has failed to respond in writing to the department's
referral for technical assistance.
(3) If the licensee accepts the department's referral for technical
assistance issued under subsection (2) of this section, the department, the
licensee, and the technical assistance provider shall meet within thirty days
after the licensee's acceptance. The licensee and the department, in
consultation with the technical assistance provider, shall develop a plan to
correct the areas of noncompliance identified by the department. If after
sixty days, the licensee has not corrected the areas of noncompliance
identified in the plan developed in consultation with the technical assistance
provider, the department may issue a probationary license pursuant to
subsection (1) of this section.
(4) A probationary license may be issued for up to six months, and
at the discretion of the department it may be extended for an additional six months.
The department shall immediately terminate the probationary license, if at any
time the noncompliance for which the probationary license was issued presents
an immediate threat to the health or well-being of the children.
(((3))) (5) The department may, at any
time, issue a probationary license for due cause that states the conditions of
probation.
(((4))) (6) An existing license is
invalidated when a probationary license is issued.
(((5))) (7) At the expiration of the
probationary license, the department shall reinstate the original license for
the remainder of its term, issue a new license, or revoke the original license.
(((6))) (8) A right to an adjudicative
proceeding shall not accrue to the licensee whose license has been placed on
probationary status unless the licensee does not agree with the placement on
probationary status and the department then suspends, revokes, or modifies the
license.
Sec. 3. RCW 43.215.270 and 2006 c 265 s 308 are each amended to read as follows:
(1) If a licensee desires to apply for a renewal of its license, a request for a renewal shall be filed ninety days before the expiration date of the license. If the department has failed to act at the time of the expiration date of the license, the license shall continue in effect until such time as the department acts.
(2) License renewal under this section does not apply to nonexpiring licenses described in RCW 43.215.260."
Correct the title.
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EFFECT: (1)
Requires the Department of Early Learning (DEL) to establish time frames for
monitoring visits of nonexpiring licensees. (9) Requires the DEL to consider whether an agency is in good standing before granting a continuation of full license. |
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