WSR 03-09-074

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed April 15, 2003, 4:40 p.m. ]

Date of Adoption: April 14, 2003.

Purpose: WAC 388-155-070 and 388-155-090 are being revised to require family home providers to submit to the department picture identification issued by a government entity and a valid Social Security card or verification of an employer identification number in order to be licensed to provide child care.

Citation of Existing Rules Affected by this Order: Amending WAC 388-155-070 and 388-155-090.

Statutory Authority for Adoption: RCW 74.12.340 and 74.15.030.

Other Authority: 26 U.S.C. 6109.

Adopted under notice filed as WSR 03-06-092 on March 4, 2003.

Changes Other than Editing from Proposed to Adopted Version: In late 2002, WAC 388-155-090 When can my license application be denied and when can be license be suspended or revoked?, was revised in order to make technical changes. In that process, two very important pieces that had been in this WAC section for some time were inadvertently omitted during that revision process. The two areas were: (1) To hold the provider responsible if they allowed someone onto the child care premises who (a) has disqualifying crimes in their history, or (b) if they've been found to have abused, neglected, exploited, or abandoned children; and (2) that a person must not attempt to "keep" a license by deceitful means.

In order to correct that error, the following changes to the proposed rule were made (added language underlined):

(1) WAC 388-155-090 (3)(a) has been changed to state: "Have been found to have abused, neglected, sexually exploited, or abandoned a child as defined in chapter 26.44 RCW and chapter 388-15 WAC or allow a person who has committed any of these acts onto the premises."

WAC 388-155-090 (3)(b) has been changed to state: "Have a disqualifying criminal history as listed in chapter 388-06 WAC or allow a person with such a disqualifying criminal history on the premises;"

(2) WAC 388-155-090 (4)(a) has been changed to state: "Try to get or keep a license by deceitful means, such as making false statements or leaving out important information on your application."

Other changes were editorial only.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

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 0, Repealed 0.

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 2, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

April 14, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3212.3
AMENDATORY SECTION(Amending WSR 00-06-040, filed 2/28/00, effective 3/30/00)

WAC 388-155-070   ((Application and reapplication for licensure -- Orientation, training and investigation.)) How do I apply for a license and what is required?   (1) ((The person, organization, or legal entity applying for a license or relicensure under this chapter and responsible for operating the home must:

(a) Attend orientation and training programs provided, arranged, or approved by the department;

(b) Comply with application procedures the department prescribes; and

(c) Submit to the department:

(i) A completed department-supplied application for family child care home license, including required attachments, ninety or more days before the:

(A) Beginning of licensed care;

(B) Expiration of a current license;

(C) Relocation of a home; or

(D) Change of licensed capacity category.

(ii) A completed criminal history and background inquiry form for each applicant, assistant, volunteer, or member of the household sixteen years of age or older having unsupervised or regular access to the child in care;

(iii) Fingerprint cards if residing in Washington state for less than three years; and

(iv) The annual licensing fee.

(2) In addition to the required application materials specified under subsection (1) of this section, the applicant for initial licensure must submit to the department:

(a) A department-supplied employment and education resume of the applicant and assistant including a transcript or its equivalent documenting early childhood education class completion, where appropriate; and

(b) Three references for the applicant.

(3) The applicant for a license under this chapter shall be eighteen years of age or older.

(4) The department may, at any time, require additional information from the applicant, licensee, assistant, volunteer, member of their household and other person having access to the child in care as the department deems necessary, including, but not limited to:

(a) Sexual deviancy evaluations;

(b) Substance and alcohol abuse evaluations;

(c) Psychiatric evaluations;

(d) Psychological evaluations; and

(e) Medical evaluations.

(5) The department may perform investigations of the applicant, licensee, assistant, volunteer, member of their household, and other person having access to the child in care as the department deems necessary, including accessing criminal histories and law enforcement files)) To apply for a license to provide family home child care you must:

(a) Be eighteen years of age or older;

(b) Attend an orientation provided by the department;

(c) Submit to the department a completed and signed family child care home license application form, including the following attachments:

(i) The twenty-four dollars per year license fee. The license fee may be paid for one, two or three years;

(ii) A completed criminal history and background inquiry form for each person sixteen years of age or older who will have unsupervised or regular access to the children in care. This includes you, any other applicants, assistants, volunteers and members of your household;

(iii) A copy of your picture identification issued by a government entity (could include but is not limited to: driver's license, passport, state identification); and

(iv) A copy of your social security card or verification of your employer identification number (EIN).

(d) Submit to the department these additional documents either with your application or within the ninety-day licensing period:

(i) An employment and education resume for you and any assistants along with your school transcript, if you request:

(A) A waiver of the STARS training requirement; or

(B) A capacity higher than six children.

(ii) Three references for you;

(iii) Documentation of current TB exam by the Mantoux method for you, any assistants, volunteers and adult members of the household;

(iv) Documentation of current, standard first aid and infant/child CPR training for you and any assistant who will be left alone to care for the children;

(v) Documentation of your HIV/AIDS training;

(vi) Documentation of the local health jurisdiction approval of your private water supply and independent sewage system, if applicable;

(vii) A copy of your policies and procedures that you give to parents.

(e) Provide to the department any additional reports or information regarding you, any assistants, volunteers, members of your household or any other person having access to the child in care if any of those individuals may be unable to meet the requirements in chapter 388-155 WAC. This could include:

(i) Sexual deviancy evaluations;

(ii) Substance abuse evaluations;

(iii) Psychiatric evaluations; and

(iv) Medical evaluations.

(2) If we decide it is necessary, we will investigate you, other applicants, assistants, volunteers, members of your household, and other persons having access to the children in care. This investigation could include, but is not limited to, accessing criminal histories and law enforcement files and records.

[Statutory Authority: RCW 74.15.030. 00-06-040, 388-155-070, filed 2/28/00, effective 3/30/00. Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-070, filed 4/26/96, effective 5/27/96. Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-070, filed 2/1/91, effective 3/4/91.]


AMENDATORY SECTION(Amending WSR 02-24-022, filed 11/26/02, effective 12/27/02)

WAC 388-155-090   When can my license application be denied and when can my license be suspended or revoked?   (1) We must deny your license application, or suspend or revoke your license if you do not meet the requirements ((outlined)) in this chapter.

(2) If more than one person applies for a license or is licensed under this chapter to provide child care at the same facility, we ((will)) consider qualifications separately and together. We may deny your license application, or suspend or revoke your license if one person fails to meet the minimum licensing requirements.

(3) We must deny, suspend, or revoke your license if you:

(a) Have been found to have abused, neglected, ((or)) sexually exploited, or abandoned a child as defined in chapter 26.44 RCW and chapter 388-15 WAC ((388-15-130)) or allow a person who has committed any of these acts onto the premises;

(b) Have a disqualifying criminal history as listed in chapter 388-06 WAC or allow a person with such a disqualifying criminal history on the premises;

(c) Have had a license denied, suspended, or revoked for the care of adults or children in this state or any other state. The exception: If you can demonstrate by clear and convincing evidence that you have taken enough correction action or rehabilitation to justify the public trust and to operate the home according to the rules of this chapter, we may issue you a license;

(d) Commit or allow an illegal act on the licensed premises;

(e) Allow a child in your care to be abused, neglected, exploited, or treated with cruelty or indifference;

(f) Use illegal drugs, or use alcohol excessively;

(g) Refuse to permit an authorized representative of the department, state fire marshal, or state auditor's office to inspect the premises; ((or))

(h) Refuse to permit an authorized representative of the department, state fire marshal, or state auditor's office access to records related to the home's operation or to interview staff or a child in care; or

(i) Refuse to provide to us a copy of your:

(A) Picture identification issued by a government entity; and

(B) Social Security card or verification of your employer identification number (EIN).

(4) We may deny, suspend, or revoke your license if you:

(a) Try to get or keep a license by deceitful means, such as making false statements or leaving out important information on your application;

(b) Do not provide enough staff in relation to the numbers, ages, or characteristics of children in care;

(c) Allow a person who is not qualified by training, experience or temperament to care for or be in contact with a child in care;

(d) Fail to provide adequate supervision to a child in care;

(e) Are not able to exercise fiscal responsibility and accountability while operating the home;

(f) Knowingly allow an employee or volunteer on the premises who has made false statements on an application for employment or volunteer service;

(g) Refuse to supply additional information reasonably requested by the department; or

(h) Fail to comply with the minimum licensing requirements set forth in this chapter or any provision of chapter 74.15 RCW.

[Statutory Authority: RCW 74.15.030. 02-24-022, 388-155-090, filed 11/26/02, effective 12/27/02. Statutory Authority: Chapter 74.120 RCW, RCW 74.12.340, and 74.15.030. 02-14-085, 388-155-090, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 74.15.030. 01-17-084, 388-155-090, filed 8/16/01, effective 9/16/01; 96-10-043 (Order 3974), 388-155-090, filed 4/26/96, effective 5/27/96. Statutory Authority: RCW 74.12.340. 94-13-201 (Order 3745), 388-155-090, filed 6/22/94, effective 7/23/94. Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-090, filed 2/1/91, effective 3/4/91.]

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