BILL REQ. #:  H-1052.2 

Read first time 01/26/11.   Referred to Committee on Early Learning & Human Services.

     AN ACT Relating to clarifying the department of early learning's authority with respect to licensed child care facilities; amending RCW 43.215.290 and 43.215.300; and adding a new section to chapter 43.215 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   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 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; and
     (c) The department has offered, in writing, to enter into an informal dispute resolution process with the licensee, to be convened by the office of the family and children's ombudsman, and any one of the following conditions have been met:
     (i) The licensee has refused, in writing, to participate in the informal dispute resolution process within fifteen working days after the date the department sent its written offer;
     (ii) The licensee has failed to respond, in writing, to the department's offer within fifteen working days after the date the department sent its written offer;
     (iii) The licensee agrees, in writing, to the department's offer within fifteen working days after the date the department sent its written offer and the office of the family and children's ombudsman certifies in writing that:
     (A) Both the department and the licensee participated in the informal dispute resolution process; and
     (B) The department and the licensee were not able to informally resolve their dispute.
     (2) 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) The department may, at any time, issue a probationary license for due cause that states the conditions of probation.
     (4) An existing license is invalidated when a probationary license is issued.
     (5) 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) 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. 2   RCW 43.215.300 and 2007 c 17 s 2 are each amended to read as follows:
     (1) An agency may be denied a license, or any license issued pursuant to this chapter may be suspended, revoked, modified, or not renewed by the director upon proof (a) that the agency has failed or refused to comply with the provisions of this chapter or the requirements adopted pursuant to this chapter; or (b) that the conditions required for the issuance of a license under this chapter have ceased to exist with respect to such licenses. RCW 43.215.305 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.
     (2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, the department's decision shall be upheld if it is supported by ((a preponderance of the)) clear and convincing evidence.
     (3) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under this chapter or that an agency subject to licensing under this chapter is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance. Civil monetary penalties shall not exceed seventy-five dollars per violation for a family day care home and two hundred fifty dollars per violation for child day care centers. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period. The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. RCW 43.215.307 governs notice of a civil monetary penalty and provides the right to an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
     (4)(a) In addition to or in lieu of an enforcement action being taken, the department may place a child day care center or family day care provider on nonreferral status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status may continue until the department determines that: (i) No enforcement action is appropriate; or (ii) a corrective action plan has been successfully concluded.
     (b) Whenever a child day care center or family day care provider is placed on nonreferral status, the department shall provide written notification to the child day care center or family day care provider.
     (5) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to: (a) Take an enforcement action against a child day care center or family day care provider; or (b) place or remove a child day care center or family day care provider on nonreferral status.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.215 RCW to read as follows:
     The department shall develop and make available to child care centers a quality improvement consultation program using the following principles:
     (1) The quality improvement consultation program must be a separate process from the facility licensing compliance agreement process and must be offered to child care centers on a voluntary basis. Based on requests for the services of the quality improvement consultation program, the department may establish a process for prioritizing service availability.
     (2) Child care centers should be supported in their efforts to improve quality and address problems, as identified by the licensee, initially through consultation and technical assistance. At a minimum, the department may, within available funding, at the request of the child care center, conduct on-site visits and telephone consultations.
     (3) To facilitate collaboration and trust between the child care centers and the department's quality improvement consultation program staff, the consultation program staff may not simultaneously serve as department licensors, complaint investigators, or participate in any enforcement-related decisions, within the region in which they perform consultation activities; except such staff may investigate on an emergency basis, complaints anywhere in the state when the complaint indicates high risk to child health or safety. Any records or information gained as a result of their work under the quality improvement consultation program may not be disclosed to or shared with nonmanagerial department licensing or complaint investigation staff, unless necessary to carry out duties described under chapter 26.44 RCW. The emphasis should be on problem prevention. Nothing in this section limits or interferes with the consultant's mandated reporting duties under chapter 26.44 RCW.