WSR 03-09-005

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 2, 2003, 4:42 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-14-158.

Title of Rule: Minimum licensing requirements for child care centers in proposed new chapter 388-295 WAC, and repealing rules in existing chapter 388-150 WAC.

Purpose: The Department of Social and Health Services' Economic Services Administration (ESA) is proposing to repeal all sections of chapter 388-150 WAC, Minimum licensing requirements for child day care centers, and replace those with new chapter 388-295 WAC, Minimum licensing requirements for child care centers.

Statutory Authority for Adoption: Chapters 74.12 and 74.15 RCW.

Statute Being Implemented: Chapters 74.12 and 74.15 RCW.

Summary: The Department of Social and Health Services, Economic Services Administration is rewriting the WACs for the minimum licensing requirements (MLRs) for child care centers under new chapter 388-295 WAC. The child care center MLR's explains DSHS' responsibilities in licensing child care centers, as well as the minimum standards that those entities must comply with in order to become and remain licensed to provide child care. This chapter has been rewritten in clear rule-writing style, with a question and answer format, to make it more understandable to ESA's customers. In addition, rules pertaining to the health aspect of child care requirements have been included in this chapter.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Elizabeth Egge, Licensing Policy Program Manager, 1009 College S.E., Lacey, WA 98504, (360) 413-3268.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The Department of Social and Health Services' Economic Services Administration (ESA) is proposing to repeal all sections of chapter 388-150 WAC, Minimum licensing requirements for child day care centers, and replace those with new chapter 388-295 WAC, Minimum licensing requirements for child care centers.

Proposal Changes the Following Existing Rules: The sections of chapter 388-150 WAC have been reorganized and rewritten in clear rule-writing language and components of each section clarified. The intent of moving these rules is to reorganize and clarify the minimum licensing requirements (MLR's) to make it easier for child care providers to follow the MLR's. In addition, rules pertaining to the health aspect of child care requirements have been included in this chapter.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not have an economic impact on small businesses. This rule revision does not contain any requirements that would result in an increase in costs to the licensed child care providers that are not already in the rules that are currently in effect.

RCW 34.05.328 does not apply to this rule adoption. The department has evaluated the proposed rules and has determined that they do not meet the definition of "significant legislative rules" per RCW 34.05.328 (5)(c)(iii).

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (public parking at 11th and Jefferson), 1115 Washington, Olympia, WA 98504, on June 10, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by June 4, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernAX@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., June 10, 2003.

Date of Intended Adoption: Not earlier than June 11, 2003.

March 26, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-10 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office