WSR 98-20-098

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Children's Administration)

[Filed October 7, 1998, 10:58 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-02-057.

Title of Rule: In chapter 388-155 WAC, Minimum licensing requirements for family child day care homes, WAC 388-155-010 Definitions, 388-155-180 Staffing qualifications, 388-155-200 Development and training, and 388-155-470 Personnel records. In chapter 388-150 WAC, Minimum licensing requirements for child day care centers, WAC 388-150-010 Definitions, 388-150-180 Staff patterns and qualifications, 388-150-200 Staff training and development, and 388-150-470 Personnel policies and records. In chapter 388-151 WAC, School-age child care center minimum licensing requirements, WAC 388-151-010 Definitions, 388-151-180 Staffing patterns and qualifications, 388-151-190 Group size and staff-child ratios; 388-151-200 Staff development, orientation and training, and 388-151-470 Personnel policies and records.

Purpose: To require annual in-service training for child care providers.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: Family child care providers and child care center and school-age program directors, supervisors, site coordinators and lead staff must take a twenty-hour basic training during the first six months of employment or licensure, unless they have specified prior education. Each year thereafter, persons in these positions must take ten hours of training. Training must be approved by the Washington STARS (state training and registry system), which is defined. Licensees must document training in personnel files. Center and school-age program employees must complete a profile form at time of hire.

Reasons Supporting Proposal: The legislature directed the Department of Social and Health Services (DSHS) to adopt rules to require annual in-service training for specified categories of child care providers in section 202(8), legislative budget for 1997-1999.

Name of Agency Personnel Responsible for Drafting: Susan Kavanaugh/Gretchen Stahr Breunig, Office of Child Care Policy, P.O. Box 45700, (360) 902-8043; Implementation and Enforcement: Office of Child Care Policy, P.O. Box 45700, Olympia, WA 98504-5700, (360) 902-8044.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The legislature, in addition to directing DSHS to adopt rules to require training, provided funding for scholarships, a registry of training completed and a system for approving trainers.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Family child care providers, child care center and school-age center program directors, lead teachers, program supervisors, and site supervisors are required to complete twenty hours (or two credits) of department approved introductory training prior to or during the first six months of being licensed or employed and ten hours (or one credit) of annual continuing education each year thereafter. Training must be approved by the department. Current employees and licensees who have not already completed approved basic training (and are not exempt) are obligated to do so within the first year of when the rules are adopted.

Those who have completed at least twelve college quarter credits in early childhood education, child development or related areas or who have a current Child Development Association (CDA) or equivalent credential are exempt from the basic training requirement. They must, however, take the ten hours of continuing training each year.

Licensees must document training in personnel files. Child care center and school-age program employees must complete a profile form at the time of hire and licensees must submit this form, to permit tracking of compliance with training requirements.

The Washington STARS (state training and registry system) is defined as the entity designated by the department to determine the classes, courses and workshops child care licensees and staff may take to satisfy training requirements.

Proposal Changes the Following Existing Rules: Currently, family child care providers are required to have training in only first aid/CPR and preventing transmission of HIV/AIDS. This proposal requires additional training focused on child development approved through Washington STARS.

Currently, directors of child care centers and school-age programs are required to provide training opportunities for their staff, but hours and subject areas are not specified. This proposal specifies the number of hours of training required of lead staff and requires that it be approved through STARS.

Currently child care center directors or program supervisors and school-age program directors or site coordinators are required to have training in child development prior to employment or licensure. This proposal requires that they also take Washington STARS approved training each year.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Introduction: This small business economic impact statement is prepared and organized in accord with the requirements of RCW 19.85.040.

The industries required to comply with the rule include family child care providers and lead teachers, site supervisors, program supervisors, and directors in child day care centers and school-age child day care programs. Family child care businesses operate out of the owner's home. The family child care provider either operates the business on her or his own or employs one or two assistants. Family child care homes are licensed to service one to twelve children. Child care centers and school-age programs are for-profit or nonprofit businesses licensed to care for thirteen or more children. They may operate in special designed facilities or in space shared with other users (churches, schools, etc.).

Background: A Legislative Mandate: Washington STARS (state training and registry system) is an emerging career development system for professionals who care for children and youth. The legislature provided direction and funding for the system in the 1997-99 Budget Act. DSHS was directed to adopt new training requirements--introductory and annual training for new and current family child care providers and center and school-age program lead staff. The department was also directed to develop a computer registry to track training completed, a training approval system, and training scholarships for low-income providers.

The proposed WAC changes are shown below. In summary, the new requirements are:

Introductory Training. Family child care providers; and child care center and school-age program directors, lead teachers, program supervisors, and site supervisors must complete, during the first six months of being licensed or employed, twenty hours (or two college quarter credits) of approved training based on the state licensing guidebook. The training covers child development, child guidance, health and safety. Those already working when the rules go into effect will have a full year to complete this introductory training.

Annual Training. In addition, all individuals in the above positions must complete ten hours (or one credit) each year of approved training in child care core competency areas. For center and school-age program directors and supervisors half of the annual training must be in program management.

Exemption from Introductory Training. Providers who have at least the following are exempt from the requirement to take the introductory (but not the annual) training: (a) Completion of family to family/child care aware training (now building blocks), (b) a current Child Development Association (CDA) credential, or (c) at least twelve quarter credits of early childhood education or related courses.

Recordkeeping. Center and school-age employees and licensees must, within seven days of starting work, complete and submit a form to enter into the STARS tracking system. Licensees must keep documentation of training to complete this requirement in personnel files.

Rule Change with Possible Significant Impact on Small Businesses: A small business economic impact statement with cost benefit analysis is required when a rule will impose a significant cost on small businesses.

Small businesses are defined as those that employ fewer than fifty people. The proposed rules change will affect all child care businesses, and child care businesses are overwhelmingly small: Employment Security Department data, which does not include family child care businesses that are sole proprietorships with no additional employees, shows 98% of child care businesses employ fewer than fifty persons and 90% are very small with fewer than twenty employees.

Significant cost is defined as $50 or more. As discussed below, the new rules will, over time, cost many child care businesses more than $50 dollars.

Costs: Training costs will be similar for all providers affected by the rules. Individuals who must complete the basic introductory training will spend about $100 to $150 for this 20-hour class, and the annual continuing education for all lead staff will cost between $50 and $100 per individual per year. Given that approximately 18,000 individuals will be required to obtain training, and that annual turnover rates for child care providers approach 40%, the annual cost for training would be $1,710,000 (18,000 x .6 x $75 .+ 18,000 x .4 x $125). However, training scholarships, training program subsidies, and training provided directly by centers, at a lower per person cost, will reduce the cost to businesses.

The Department of Labor and Industries Employment Standards Division staff provided the following informal opinion: Because the training is to meet a state rather than an employer mandate and because the individual teacher and provider transfer the training benefit with them from job to job, the individual employee rather than the employer is responsible for bearing the cost of training. However, we anticipate that many child care and school-age programs, especially the larger ones with multiple sites, will choose to provide training to staff who need to complete these training requirements.

Based on the average hourly rates charged to Child Care Resources in King County and other trainers in Eastern Washington, DSHS estimates that the average hourly cost of bringing a trainer to a child care center or school-age facility would be approximately $50 per hour. Many child care centers and school-age programs have already budget[ed] for staff training because current licensing regulations require regular training, though without specifying the quantity or setting standards for quality. Because of economies of scale, to the extent that large multi-site programs offer the training to their own staff, they may incur lower costs per employee than small businesses that also provide the training to their employees.

While current administrative code requires centers to train their employees, family child care providers have not had similar training requirements and therefore may not budget for training. Therefore, the new expense for family child care homes may be greater for child care centers or school-age programs that have a training budget.

Benefits: Economic Benefit to the Proposed Rules.

Economic Benefit to Child Care Providers. DSHS reviewed a study on a child care training program for family child care providers in order to estimate economic benefits from training for providers. The Families and Work Institute evaluated the training program, which consisted of eighteen to thirty-six hours of training for one hundred thirty family child care providers in three cities. The evaluation included comparison of pre- and post-measures of the family child care homes that received the training and comparison with one hundred twelve family child care providers who did not participate. The following outcomes are relevant to the estimated economic impact of Washington STARS:

Providers who completed training increased their weekly rates by $7.52 per week. Providers also cared for more children (due to fewer absences). Thus, provider weekly income increased by 16%. Weekly income increased an average of $60 per week, or about $3,000 per year. If similar increases occur in Washington, we can anticipate average increased revenues for family child care providers of about $3,000. When multiplied by the 8,000 licensed family child care homes this equals $24 million annually.

Other economic benefits are more difficult to quantify, but can be expected to include increased provider job satisfaction (especially if it results in wage increases, see below) and reduced turnover. Child care center and school-age program directors will spend less time and money seeking and orienting new staff.

Economic Benefits to Washington Citizens and the Washington Economy. The state economy can also be expected to benefit from the proposed new training requirement. If providers learn better health and sanitation practices, children may be sick less often. If each provider prevented one child from missing one day of child care due to illness or injury incurred at child care or school-age care, each provider would save parents about $96 per year ($12 per hour times eight hours per day). Multiplying the $96 per parent per year by the number of providers, the benefit of reduced illness and injury totals $1.8 million. This figure does not include reduced costs in health care and reduced lost revenues from parents missing work to care for sick children.

Likewise, if one in ten providers retained one additional child in care because quality improved, parents would lose less time at work looking for child care. To estimate this increase in parental income: 18,440 providers times 10% times $96 per parent per year equals $177,000.

Other Benefits to the Proposed Rules. Improving the quality of child care is the primary public policy goal behind the legislative directive that child care providers should have training in child development and related areas. A number of research studies demonstrate that providers with education and training offer better care. Studies showing the importance of training to quality include the following:

National Day Care Study, Ruopp, Travers et al., 1979;

National Child Care Staffing Study, Whitebrook, Howes, et al., 1989;

Cost, Quality and Outcomes, Helburn and Culkin 1995;

Florida Quality Improvement Study, Howes, Smith et al., 1995;

The Effects of Education on Child Care Teachers' Beliefs and Classroom Quality: Year One Evaluation of the TEACH Early Childhood Associate Degree Scholarship Program, Cassidy, Buell et al., 1995;

Family Child Care Providers Speak About Training, Trainers, Accreditation and Professionalism: Findings from a Survey of Family-to-Family Graduates.

Improving the quality of child care, in turn, can be expected to provide [a] number of long-term benefits to society. They include an increase in the proportion of children who enter school "ready to learn." Currently a significant proportion of children enter kindergarten ill-prepared to begin their formal education. The Perry Pre-School/High Scope study, as well as many evaluations of Head Start, show the importance of high quality early childhood programs in creating an even playing field for children at risk of school failure.

Steps Taken to Reduce Financial Burden to Small Businesses. The recommendations for design of the Washington STARS were created by work groups of the Child Care Coordinating Committee (CCCC), a legislatively mandated community-based advisory group. It includes representatives of the child care businesses that will be affected by the new rule. DSHS, the CCCC and the education and training community throughout the state have taken several steps to reduce the financial burden of these rule changes.

Assistants and substitutes in child care programs are not required to complete training.

A provider that completes approved training at one place of employment and transfers to another will not have to complete the training again.

Classes are or will be available on weekends and evenings and through "distance learning" methods that make use of Internet and video technology as well as other approved home study options. These opportunities will decrease the need for providers to take time away from work and family, in order to comply with the requirement.

For many centers, the additional cost may be minimal as the trainer requirements parallel the licensing training requirements for directors. We anticipate that many center directors will be approved to be trainers to their own staff for the twenty-hour basic requirement and some of the on-going annual training.

Scholarships will be available to child care providers to reduce their out-of-pocket expenses. Income eligibility for individuals receiving scholarships were set at a relatively high family income - up to 200% guidelines - to include as many low income providers as possible. As current wages in child care and school-age care are low relative to other fields with commensurate levels of responsibility, many will qualify.

Current providers have a full year to comply, which is six months longer than new providers have to complete the basic training.

The state funded training approval system will ensure that the training is of high quality and relevant to the needs of providers. High quality training will benefit provider's professional growth and the quality of their practice.

Reporting requirements for providers are minimal. Trainers, rather than providers, will generally submit documentation of all the participants who complete their programs.

Involvement of Small Businesses in Developing the Rules and Additional Mitigation: The training requirements represented in these rules come as a result of public hearings in 1992 and 1994 in which child care and school-age teachers and providers overwhelmingly requested additional training opportunities and minimum training requirements of professionals in the field. As a result of the public desire for training, the legislature allocated funds to develop this system, and directed DSHS to adopt training requirements in rule.

DSHS and the CCCC issued an invitation to the planning process to child care stakeholders, including representatives of child care businesses. As a result, a work group which represented providers prepared the proposed WAC changes.

DSHS mailed the recommendations to all licensed child care centers, homes, and school-age programs in December 1997, and OCCP staff has responded to at least two hundred phone calls, letters and e-mails from providers. Furthermore, members of the CCCC Career Development Subcommittee have also responded to numerous questions from providers about the Washington STARS system. The full Child Care Coordinating Committee reviewed and approved these changes, and they are now being reviewed again by stakeholders.

Finally, OCCP held public forums to obtain comment on the draft rules and the broader STARS career development system from providers and other stakeholders in May and June 1998; approximately eight hundred persons attended these seventeen forums state-wide. In response to all of this input, including the public forums, OCCP has taken the following additional steps to reduce the cost and other negative impacts of the new training requirements:

Providers with twelve college quarter units or more or a current CDA are exempt from taking the basic twenty-hour training.

Providers with six years of experience or more have the option of completing a home study test in lieu of the basic training.

Options for completing the training at home, including distance learning, Internet training, correspondence courses, and video based courses, may be approved.

OCCP contracted for the development of three model curriculum, two for the twenty-hour basic course including one translated into Spanish; and one on how to train adults.

DSHS is also considering paying higher state child care subsidy rates for providers who offer higher quality care as demonstrated by provider education and training or program accreditation. In addition, DSHS will consider basing scholarship eligibility on the individual provider's income versus household income, which is the traditional basis for financial aid.

A copy of the statement may be obtained by writing to Roberta Morley, Office of Child Care Policy, P.O. Box 45700, Olympia, WA 98504-5700, phone (360) 902-8044, fax (360) 902-8044.

RCW 34.05.328 applies to this rule adoption. The proposed rules meet the definition of a "significant legislative rule" and a cost benefit analysis has been included in the small business economic impact statement. To obtain a copy contact the staff person listed above.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on November 24, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by November 13, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by November 24, 1998.

Date of Intended Adoption: November 25, 1998.

October 2, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)

WAC 388-150-010 Definitions. As used and defined under this chapter:

(1) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(2) "Center" means the same as "child day care center."

(3) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances indicating the child's health, welfare, and safety is harmed thereby.

(4) "Child day care center" means a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours; except, a program meeting the definition of a family child care home shall not be licensed as a day care center without meeting the requirements of WAC 388-150-020 (5)(a).

(5) "Department" means the state department of social and health services.

(6) "Department of health" means the state department of health.

(7) "Infant" means a child eleven months of age and under.

(8) "License" means a permit issued by the department authorizing by law the licensee to operate a child day care center and certifying the licensee meets minimum requirements under licensure.

(9) "Licensee" means the person, organization, or legal entity responsible for operating the center.

(10) "Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

(11) "Preschool age child" means a child thirty months of age through five years of age not enrolled in kindergarten or an elementary school.

(12) "School-age child" means a child five years of age through twelve years of age enrolled in kindergarten or an elementary school.

(13) "Staff" means a child care giver or a group of child care givers employed by the licensee to supervise a child served at the center.

(14) "Toddler" means a child twelve months of age through twenty-nine months of age.

(15) "The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.

[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), � 388-150-010, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), � 388-150-010, filed 11/20/90, effective 12/21/90.]

AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)

WAC 388-150-180 Staff pattern and qualifications. (1) General qualifications. The licensee, staff, volunteer, and other person associated with the operation of the center who has access to the child in care shall:

(a) Be of good character;

(b) Demonstrate the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural, emotional, mental, physical, and social needs of the child in care; and

(2) Center management. The licensee shall serve as or employ a director, responsible for the overall management of the center's facility and operation. The director shall:

(a) Be twenty-one years of age or older;

(b) Serve as administrator of the center, ensuring compliance with minimum licensing requirements;

(c) Have knowledge of child development as evidenced by professional references, education, experience, and on-the-job performance;

(d) Have the management and supervisory skills necessary for the proper administration of the center, including:

(i) Record maintenance;

(ii) Financial management; and

(iii) Maintenance of positive relationships with staff, children, parents, and the community;

(e) Have completed the following number of college quarter credits or department-approved clock hours in early childhood education/child development, or possess an equivalent educational background, or be a certified child development associate:

(i) In centers licensed for twenty-five or more children, the director shall have completed forty-five or more credits;

(ii) In centers licensed for thirteen through twenty-four children, the director shall have completed twenty-five or more credits;

(iii) In centers licensed for twelve or fewer children, the director shall have completed ten or more credits; and

(iv) In (i), (ii) and (iii) above, one-third of the credits may be clock hours.

(f) Have two or more years successful experience working with children of the same age level as those served by the center as evidenced by professional references and on-the-job performance;

(g) Have planning, coordination, and supervisory skills to implement a high quality, developmentally appropriate program; ((~~and~~))

(h) Have knowledge of children and how to meet children's needs; and

(i) Have completed one of the following prior to or within the first six months of employment or initial licensure, except as provided in subsection (2)(j) of this section:

(i) Twenty clock hours or two college quarter credits of basic training approved by the Washington state training registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts or AAS or higher college degree in early childhood education or child development.

(j) Directors who are already employed or licensed on the effective date of this rule must complete the training required in WAC 388-150-180 (2)(i) prior to or within twelve months after the effective date of this rule.

(3) When the director does not meet the qualifications specified in subsections (2)(e), (f), (g), and (h) of this section, the director or licensee shall employ a program supervisor responsible for planning and supervising the center's learning and activity program. In such a case, the director shall have had at least one three credit college class in early childhood development. The program supervisor shall:

(a) Be twenty-one years of age or older;

(b) Meet the education, experience, and competency qualifications specified under subsection (2)(e), (f), (g), ((~~and~~)) (h), (i), and (j) of this section; and

(4) For the center serving the school age child only, the program supervisor may substitute equivalent courses in education, recreation, or physical education for required education.

(5) The director and program supervisor may be one and the same person when qualified for both positions. The director or program supervisor shall normally be on the premises while the child is in care. If temporarily absent from the center, the director and program supervisor shall leave a competent, designated staff person in charge who meets the qualifications of a lead staff person.

(6) The director and program supervisor may also serve as child care staff when such role does not interfere with the director's or program supervisor's management and supervisory responsibilities.

(7) Center staffing. The licensee shall ensure the lead child care staff person in charge of a child or a group of children implementing the activity program:

(a) Is eighteen years of age or older; and

(b) Possesses a high school education or equivalent; or

(d) Has completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (7)(e) of this section:

(i) Twenty clock hours or two college quarter credits of basic training. Training shall be approved by the Washington state training and registry system (Washington STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education or child development.

(e) Lead child care staff persons who are already employed on the effective date of this rule must complete the training required in WAC 388-150-180 (7)(d) prior to or within twelve months after the effective date of this rule.

(8) The licensee may assign a child care assistant or aide to support lead child care staff. The child care assistant or aide shall be sixteen years of age or older. The child care assistant or aide shall care for the child under the direct supervision of the lead child care staff person. The licensee shall ensure no person under eighteen years of age is assigned sole responsibility for a group of children. The assistant or aide, eighteen years of age or older, may care for a child or group of children without direct supervision by a superior for a brief period time.

(9) The licensee may arrange for a volunteer to support lead child care staff. The volunteer shall be sixteen years of age or older. The volunteer shall care for the child under the direct supervision of the lead child care staff person. The licensee may count the volunteer in the staff-to-child ratio when the volunteer meets staff qualification requirements.

(10) Support service personnel. The licensee shall provide or arrange for fulfillment of administrative, clerical, accounting, maintenance, transportation, and food service responsibilities so the child care staff is free to concentrate on program implementation.

(11) The licensee shall ensure completion of support service duties occurs in a manner allowing the center to maintain required staff-to-child ratios.

[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), � 388-150-180, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 91-07-013 (Order 3151), � 388-150-180, filed 3/12/91, effective 4/12/91; 90-23-078 (Order 3103), � 388-150-180, filed 11/20/90, effective 12/21/90.]

AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)

WAC 388-150-200 Staff development and training. (1) The licensee shall have an orientation system making the employee and volunteer aware of program policies and practices. The licensee shall provide staff an orientation including, but not limited to:

(a) Minimum licensing rules required under this chapter;

(b) Goals and philosophy of the center;

(d) Child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) The health care plan;

(h) Fire prevention and safety procedures;

(i) Personnel policies, when applicable;

(j) Limited restraint techniques;

(k) Cultural relevancy; and

(l) Developmentally appropriate practices.

(2) The licensee shall provide or arrange for regular training opportunities for the child care staff to promote ongoing employee education and enhance practice skills.

(3) The licensee shall conduct periodic staff meetings for planning and coordination purposes.

(4) The licensee shall ensure:

(a) A staff person with basic, standard, current first aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training, is present at all times and in all areas the child is in care; and

(b) Staff's CPR training includes methods appropriate for child age groups in care.

(5) The licensee shall provide or arrange appropriate education and training for child care staff on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(6) The licensee shall ensure the staff person preparing full meals has a valid food handler permit.

(7) The licensee shall ensure that the director, program supervisor and lead staff annually, beginning one year after licensure or employment, complete ten clock hours or one college quarter credit of training approved by the Washington state training and registry system (STARS). For those already employed or licensed on the effective date of this rule, this requirement for annual training shall begin one year after the effective date of this rule.

For the director and the program supervisor, five of the ten hours of training shall be in program management and administration.

[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), � 388-150-200, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), � 388-150-200, filed 11/20/90, effective 12/21/90.]

AMENDATORY SECTION (Amending WSR 93-18-001, filed 8/18/93, effective 9/18/93)

WAC 388-150-470 Personnel policies and records. (1) Each employee and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee or director by the date of hire:

(a) An application for employment on a department-prescribed form, or its equivalent; and

(b) A criminal history and background inquiry form.

(i) The licensee shall submit this form to the department for the employee and volunteer, within seven calendar days of the employee's first day of employment, permitting a criminal and background history check.

(ii) The department shall discuss the inquiry information with the licensee or director, when applicable.

(2) Each employee serving as a director, program supervisor, or lead child care staff person shall complete and submit to the licensee or director by the date of hire a Washington state training and registry system (STARS) profile form. The licensee shall submit this form to the Washington state training and registry system within seven calendar days of the employee's first day of employment, to permit the department to track the employee's compliance with training requirements.

(3) The licensee employing five or more persons shall have written personnel policies describing staff benefits, if any, duties, and qualifications.

((~~(3)~~)) (4) The licensee shall maintain a personnel recordkeeping system, having on file, on the premises, for the licensee, staff person, and volunteer:

(a) An employment application, including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(d) Documentation of HIV/AIDS education and training;

(e) A record of participation in staff development training;

(f) Documentation of orientation program completion;

(g) Documentation of a valid food handler permit, when applicable; ((~~and~~))

(h) Documentation of current first aid and CPR training, when applicable; and

(i) Documentation of basic and annual training required under WAC 388-150-180 (2)(i) or (7)(b) and 388-150-200(7), when applicable.

[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), � 388-150-470, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), � 388-150-470, filed 11/20/90, effective 12/21/90.]

SHS-2474.5

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)

WAC 388-151-010 Definitions. As used and defined under this chapter:

(1) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(2) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances indicating the child's health, welfare, or safety is harmed thereby.

(3) "Department" means the state department of social and health services (DSHS), the organization vested with the legal authority to regulate and certify school-age child care centers.

(4) "Department of health" means the state department of health.

(5) "License" means a permit issued by the department authorizing by law the licensee to operate a school-age child care center and affirming the licensee meets requirements under licensure.

(6) "Licensee" means the person, organization, or legal entity responsible for operating the center.

(7) "Licensor" means the person employed by the department to regulate and license a school-age child care center.

(8) "Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

(9) "School-age child" means a child five years of age through twelve years of age attending a public or private school.

(10) "School-age child care center" means a program operating in a facility other than a private residence, accountable for school-age children when school is not is session. It shall meet department licensing requirements, provide adult-supervised care, and a variety of developmentally appropriate activities.

(11) "Staff" means a child care giver or a group of child care givers employed by the licensee to supervise a child served at the center.

(12) "The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.

[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), � 388-151-010, filed 12/30/92, effective 1/30/93.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)

WAC 388-151-180 Staff pattern and qualifications. (1) General qualifications. The licensee, staff, volunteer, and other person associated with the operation of the center who has access to the child in care shall:

(a) Be of good character;

(b) Demonstrate the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural, emotional, mental, physical, and social needs of the child in care; and

(2) Program director. The licensee shall serve as or employ a director responsible for the overall management of the center's facility and operation. The director shall:

(a) Be twenty-one years of age or older;

(b) Serve as administrator of the center, ensuring compliance with licensing requirements;

(c) Have knowledge of development of school-age children as evidenced by professional references, education, experience, and on-the-job performance;

(d) Have the management and supervisory skills necessary for the proper administration for the center including:

(i) Record maintenance;

(ii) Financial management; and

(iii) Maintenance of positive relationships with staff, children, parents, and the community.

(e) Employ, provide, or arrange for fulfillment of clerical, accounting, maintenance, transportation, and food service responsibilities so the child care staff is free to concentrate on program implementation and maintaining the required staff-to-child ratio;

(f) Have completed thirty or more college quarter credits in early childhood education/child development, elementary education, or possess an equivalent educational background in courses such as recreation, physical education, education, music, art, home economics, psychology, or social services;

(g) Have two or more years of successful experience working with school-age children as evidenced by professional references and on-the-job performance; ((~~and~~))

(h) Have planning, coordination, and supervisory skills to implement a high quality, developmentally appropriate program; and

(i) Have completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (2)(i) of this section:

(i) Twenty clock hours or two college quarter credits of basic training. Training shall be approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in child development, early childhood education, school-age care, elementary education, special education or recreation; or

(iii) An associate or arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(j) Program directors who are already employed or licensed on the effective date of this rule must complete the training required in WAC 388-151-180 (2)(h) prior to or within twelve months after the effective date of this rule.

(3) Site coordinator. The licensee may employ a site coordinator responsible for program planning and implementation. The site coordinator shall be under the regular supervision of the program director.

(4) The site coordinator and program director may be one and the same person when qualified for both positions. The site coordinator shall:

(a) Be twenty-one years of age or older;

(b) Have completed thirty or more college quarter credits in early childhood education/child development, elementary education, or possess an equivalent educational background in courses such as recreation, physical education, education, music, art, psychology, or social services;

(d) Have demonstrated knowledge in:

(i) Behavior management skills specific to school-age children;

(ii) Program management skills; and

(iii) School-age child activity planning and coordinating skills.

(e) Have a minimum of two years experience working with school-age children, or possess equivalent experience.

(f) Have completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (4)(g) of this section:

(i) Twenty clock hours or two college quarter credits of initial training. Training shall be approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education or recreation; or

(iii) Forty-five or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or

(iv) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(g) Site coordinators who are already employed on the effective date of this rule must complete the training required in WAC 388-151-180 (4)(f) prior to or within twelve months after the effective date of this rule.

(5) The program director or site coordinator shall normally be on the premises while the child is in care. If temporarily absent from the center, the director and site coordinator shall leave a competent, designated staff person in charge.

(6) The director and site coordinator may also serve as child care staff when such role does not interfere with the director's or site coordinator's management and supervisory responsibilities.

(7) Center staffing. The licensee may employ a lead school-age child care staff person to be in charge of a child or a group of children. Lead school-age child care staff shall:

(a) Be eighteen years of age or older;

(b) Possesses a high school education or equivalent;

(d) Have the ability to implement the activity program.

(8) The licensee may employ a child care assistant, volunteer, or trainee. The assistant, volunteer, or trainee shall support staff. The school age child care assistant, volunteer, or trainee shall:

(a) Be sixteen years of age or older; and

(b) Care for the child only under direct supervision.

(9) The licensee shall ensure no person under eighteen years of age is assigned sole responsibility for a group of children. The assistant, eighteen years of age or older, may be assigned sole responsibility for a child or group of children for a brief period of time.

(10) The licensee may count the assistant, volunteer, or trainee in the staff-to-child ratio when that person meets staff requirements.

[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), � 388-151-180, filed 12/30/92, effective 1/30/93.]

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)

WAC 388-151-190 Group size and staff-child ratios. (1) The licensee shall maintain, at minimum, a 1:15 staff-child ratio and a maximum group size of thirty or fewer children.

(2) The licensee shall conduct activities for each group in a specific classroom or other defined space within a larger area.

(3) The licensee shall ensure each group is under the supervision of a qualified staff person or team of staff.

(4) The department may approve reasonable variations to group size limitations if the licensee maintains required staff-to-child ratios, dependent on:

(a) Staff qualifications;

(b) Program structure; and

(5) The licensee shall ensure staff keep each child within continuous visual or auditory range, except when the child uses the toilet.

(6) When only one staff person is present, the licensee shall ensure a second staff person is readily available in case of an emergency.

(7) The licensee shall ensure that each group of children is supervised by a staff person who has completed one of the following prior to or within the first six months of employment except as provided in subsection (8) of this section:

(a) Twenty clock hours or two college quarter credits of initial training. Training shall be approved by the Washington state training and registry system (STARS); or

(b) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or

(c) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.

(8) Staff persons who are required to complete the training described in WAC 388-151-190(7) and who are already employed on the effective date of this rule must complete the training prior to or within twelve months after the effective date of this rule.

[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), � 388-151-190, filed 12/30/92, effective 1/30/93.]

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)

WAC 388-151-200 Staff development, orientation, and training. (1) The licensee shall have an orientation system making the employee, volunteer, and trainee aware of program policies and practices. The licensee shall provide staff an orientation including, but not limited to:

(a) Licensing rules required under this chapter;

(b) Goals and philosophy of the center;

(d) Age-appropriate child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) Fire prevention and safety procedures; and

(h) Personnel policies.

(2) The licensee shall provide or arrange regular training opportunities for the child care staff to:

(a) Promote ongoing employee education;

(b) Enhance practice skills;

(d) Accommodate special health and developmental needs of the individual child.

(3) The licensee shall conduct periodic staff meetings for planning and coordination purposes.

(4) The licensee shall ensure:

(a) A staff person with basic, standard, current first aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training is present at all times while the child is in care; and

(b) Staff's CPR training includes methods appropriate for school-age children in care.

(6) The licensee shall ensure the person preparing full meals for the center has a valid food handler permit.

(7) The licensee shall ensure that the director, site coordinator and, where the program serves more than one group of children, at least one staff person for every group of children, complete ten clock hours or one college quarter credit of training annually, beginning one year after licensure or employment in a licensed child care facility approved by Washington state registry and training system (STARS). For those already employed or licensed on the effective date of this rule, the requirement for annual training shall begin one year after the effective date of the rule.

For the director and the site coordinator, five of the ten hours of training shall be in program management and administration.

[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), � 388-151-200, filed 12/30/92, effective 1/30/93.]

AMENDATORY SECTION (Amending Order 3493, filed 12/30/92, effective 1/30/93)

WAC 388-151-470 Personnel policies and records. (1) Each employee and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee or director by the date of hire:

(a) An application for employment on a department-prescribed form or its equivalent; and

(b) A criminal history and background inquiry form:

(ii) The department shall discuss the inquiry information with the licensee or director, when applicable.

(2) Each employee serving as a program director, site coordinator, or staff person required to complete training under WAC 388-151-190(7) shall complete and submit to the licensee or director by the date of hire a Washington state training and registry system (STARS) profile form. The licensee shall submit this form to the Washington state training and registry system within seven calendar days of the employee's first day of employment, permitting tracking of the employee's compliance with training requirements.

(3) The licensee shall have written personnel policies describing staff benefits, if any, duties, qualifications, grievance procedures, pay dates, and nondiscrimination policies.

((~~(3)~~)) (4) The licensee shall maintain a personnel record keeping system, having on file for the licensee, staff person, and volunteer:

(a) An employment application including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(d) Documentation on HIV/AIDS education and training;

(e) A record of participation in staff development training;

(f) Documentation of orientation program completion;

(g) Documentation of a valid food handler permit, when applicable; ((~~and~~))

(h) Documentation of current first aid and CPR training, when applicable; and

(i) Documentation of basic and annual training required under WAC 388-151-180 (2)(i) and (4)(f), 388-151-190(7) and 388-151-200(7).

[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), � 388-151-470, filed 12/30/92, effective 1/30/93.]

SHS-2469.2

AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-010 Definitions. As used and defined under this chapter:

(1) "Assistant" means a child care giver or child care givers employed by the licensee to supervise a child served at the home.

(2) "Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

(3) "Child" means a person seventeen years of age and under.

(4) "Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by a person under circumstances indicating the child's health, welfare, and safety is harmed.

(5) "Department" means the state department of social and health services.

(6) "Department of health" means the state department of health.

(7) "Family abode" means "a single dwelling unit and accessory buildings occupied for living purposes by a family which provides permanent provisions for living, sleeping, eating, cooking, and sanitation.

(8) "Family child care home" means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, within a birth through eleven-years-of-age range exclusively, for periods less than twenty-four hours.

(9) "Family child day care home" means the same as "family child care home" and "a child day care facility, licensed by the state, located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home."

(10) "Family residence" means the same as "family abode."

(11) "Home" means the same as "family child care home."

(12) "License" means a permit issued by the department authorizing by law the licensee to operate a family child care home and certifying the licensee meets minimum requirements under licensure.

(13) "Licensee" means the person, organization, or legal entity responsible for operating the home.

(14) "Premises" means the buildings where the home is located and the adjoining grounds over which the licensee has control.

(15) "Provider" means the same as "licensee."

(16) "Under two years of age" means a child twenty-three months of age or younger.

(17) "The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), � 388-155-010, filed 2/1/91, effective 3/4/91.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-180 Staffing--Qualifications. (1) General qualifications. The licensee, assistant, volunteer, and other person associated with the operation of the home who has access to the child in care shall:

(a) Be of good character;

(b) Have the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural emotional, mental, physical, and social needs of the child in care; and

(2) The licensee shall:

(a) Be eighteen years of age or older;

(b) Be the primary child care provider; ((~~and~~))

(d) Have completed one of the following prior to or within the first six months of initial licensure except as provided in (e) of this subsection:

(i) Twenty clock hours or two college quarter credits of basic training approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts or AAS or higher college degree in early childhood education, child development, school age care, elementary education or special education.

(e) Licensees already licensed on the effective date of this rule must complete the training required in WAC 388-150-180 (2)(d) prior to or within twelve months after the effective date of this rule.

(3) The assistant shall be:

(a) Fourteen years of age or older; or

(b) Eighteen years of age or older if assigned sole responsibility for the child in care; and

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), � 388-155-180, filed 2/1/91, effective 3/4/91.]

AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-200 Development and training. (1) The licensee shall have an orientation system making the new employee and volunteer aware of policies and practices. The licensee shall provide the new employee or volunteer an orientation including, but not limited to:

(a) Minimum licensing rules required under this chapter;

(b) Goals and philosophy of the home;

(d) Child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) The health care plan;

(h) Fire prevention and safety procedures; and

(i) Personnel policies, when applicable.

(2) The licensee shall:

(a) Obtain basic, standard first aid, and cardiopulmonary resuscitation (CPR) training, approved by the department of health. CPR training shall include methods appropriate for child age groups in care; ((~~and~~))

(b) Ensure that first aid and CPR training is current; and

(c) Annually, beginning one year after licensure, complete ten clock hours or one college quarter credit of training. Training must be approved by the Washington state training and registry system (STARS). For those already licensed on the effective date of this rule, this requirement for annual training shall begin one year after the effective date of this rule.

(3) The licensee shall ensure the assistant eighteen years of age or older obtains basic, standard first aid, and CPR training approved by the department of health if the assistant will be solely responsible for the child in care.

(4) The licensee and assistant shall obtain appropriate education and training on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(5) The licensee shall encourage the assistant to participate in training opportunities to promote ongoing education and enhance practice skills.

(6) The licensee shall conduct periodic meetings for planning and coordination purposes when applicable.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), � 388-155-200, filed 2/1/91, effective 3/4/91.]

AMENDATORY SECTION (Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-470 Personnel records. (1) Each assistant and volunteer having unsupervised or regular access to the child in care shall complete and submit to the licensee by the date of hire:

(a) An application for employment on a department-prescribed form, or its equivalent; and

(b) A criminal history and background inquiry form.

(i) The licensee shall submit this form to the department for the employee and volunteer, within seven calendar days of the assistant's or volunteer's first day of employment, permitting a criminal and background history check.

(ii) The department shall discuss the result of the criminal history and background inquiry information with the licensee, when applicable.

(2) The licensee, assistant, and volunteer shall have on file at the home:

(a) An employment application, including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(d) Documentation of HIV/AIDS education and training; ((~~and~~))

(e) Documentation of current first aid and CPR training, when applicable; and

(f) Documentation of basic and annual training required under WAC 388-155-180 (2)(d) and 388-155-200 (2)(c), when applicable.

[Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), � 388-155-470, filed 2/1/91, effective 3/4/91.]

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