Date of Adoption: April 15, 2004.

     Purpose: The Department of Social and Health Services' Economic Services Administration (ESA) is revising sections of chapter 388-295 WAC to correct errors made in the most recent rule filing, and to make other sections more clear.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-295-0020, 388-295-0060, 388-295-0070, 388-295-0090, 388-295-0100, 388-295-0110, 388-295-1070, 388-295-1110, 388-295-2010, 388-295-2090, 388-295-2100, 388-295-3010, 388-295-4010, 388-295-4100, 388-295-5030, 388-295-5150, 388-295-7010, 388-295-7040, and 388-295-7050.

     Statutory Authority for Adoption: Chapters 74.12 and 74.15 RCW.

      Adopted under notice filed as WSR 04-05-084 on February 17, 2004.

     Changes Other than Editing from Proposed to Adopted Version: The following changes were made in rules as adopted compared to the proposed rules, as a result of comments received. New wording is underlined, and deleted wording is lined-through.

     WAC 388-295-0070, subsections (1)(a) through (c):

     (1) You, your staff and volunteers must have the following personal characteristics in order to operate or work in a child care facility:

     (a) The understanding, ability, physical health, emotional stability, good judgment and personality suited to meet the physical, intellectual, mental, emotional and social needs of the children under your in care;

     (b) Be qualified by our background inquiry check prior to having unsupervised access to children. To "be qualified" means that you have not having been convicted of, or have charges pending for, crimes posted on the DSHS secretary's list of permanently disqualifying convictions for ESA. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/policy.shtml. This includes your not having committed or been convicted of child abuse or any crime involving harm to another person; and

     (c) Be able to furnish the child in your care with a healthy, safe, nurturing, respectful, supportive and responsive environment...

     WAC 388-295-3010, subsection (1)(d):

     (d) Reviewed, and signed and dated by a physician a physician's assistant or registered nurse when you change your policies and procedures or type of care that you provide, or at least every three years when you are due for re-licensing...

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 19, 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 19, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

April 15, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (l) A facility where the parent remains on the premises for reasons other than employment.))

     (2) The person or organization ((operating a child care center and qualifying for an exemption to licensing under RCW 74.15.020(2) is not subject to licensure. The person or organization)) claiming an exemption must provide us with proof of right to the exemption if we request it.

     (3) ((RCW 74.15.020 (2)(d) exempts facilities from licensing where parents on a mutually cooperative basis exchange care of one another's children. To qualify for this cooperative exemption:

     (a) At least one parent or guardian of each child attending the facility regularly must be involved in the direct care of children at the facility;

     (b) Parents or guardians must be involved in the direct care of children on a relatively equal basis; and

     (c) A person other than a parent or guardian of a child at the facility must not be involved in the care of children or the operation of the facility.

     (4))) We do not license a center that is legally exempt from licensing per RCW 74.15.020(2). However, if the applicant requests it, we follow all licensing regulations to investigate and may certify the center as meeting licensing and other pertinent requirements. In such a case, all our licensing requirements and procedures apply equally to certification.

     (((5))) (4) We may certify a child care center for payment without further investigation if the center is:

     (a) Licensed by an Indian tribe;

     (b) Certified by the Federal Department of Defense; or

     (c) Approved by the superintendent of public instruction's office.

     (((6))) (5) The center listed in subsection (((5)))(4)(a), (b), or (c) of this section must be licensed, certified, or approved in accordance with national or state standards, or standards approved by us. It must be operated on the premises where the entity operating the center has jurisdiction.

     (((7))) (6) We must not license a department employee or a member of their household when the employee is involved directly, or in an administrative or supervisory capacity, in the:

     (a) Licensing or certification process;

     (b) Placement of a child in a licensed or certified center; or

     (c) Authorization of payment for the child in care.

     (((8))) (7) We may license a center located in a private family residence when the portion of the residence accessible to the child is:

     (a) Used exclusively for the child during the center's operating hours or while the child is in care; or

     (b) Separate from the family living quarters.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0020, filed 6/30/03, effective 8/1/03.]

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

     (b) The applicant ((and)), director and program supervisor must attend the orientation programs ((the)) that we provide, arrange or approve;

     (c) Submit to us a completed and signed application for a child care center license or certification using our forms (with required attachments).

     (2) The application package must include the following attachments:

     (a) The annual licensing fee. The fee is based on your licensed capacity, and is forty-eight dollars for the first twelve children plus four dollars for each additional child;

     (b) ((A completed criminal history and background inquiry form for yourself and for each staff person or volunteer who has regular or unsupervised access to the children in care; and

     (c))) If the center is solely owned by you, a copy of your:

     (i) Photo identification issued by a government entity; and

     (ii) Social Security card that is valid for employment or verification of your employer identification number.

     (c) If the center is owned by a corporation, verification of the corporation's employer identification number;

     (d) An employment and education resume for:

     (i) The person responsible for the active management of the center; and

     (ii) The program supervisor.

     (e) Diploma or education transcript copies of the program supervisor;

     (f) Three professional references each, for yourself, the director, and the program supervisor;

     (g) Articles of incorporation if you choose to be incorporated;

     (h) List of staff (form is provided in the application);

     (i) Written parent communication (child care handbook);

     (j) Copy of transportation insurance policy (liability and medical);

     (k) In-service training program (for ((agencies)) facilities employing more than five persons);

     (l) A floor plan of the facility drawn to scale;

     (m) A copy of your health care plan reviewed and signed by an advisory physician, physician's assistant, or registered nurse;

     (n) A copy of your policies and procedures that you give to parents; and

     (o) A copy of your occupancy permit.

     (3) You must submit to the department's background check central unit a completed criminal history and background inquiry form for yourself and for each staff person or volunteer who has regular or unsupervised access to the children in care; and

     (4) You must submit your application and reapplication ninety or more calendar days before the date:

     (a) ((The date)) You expect to open your new center;

     (b) ((The expiration date of)) Your current license is scheduled to expire;

     (c) ((The date)) You expect to relocate your center;

     (d) ((The date)) You expect to change licensee; or

     (e) ((The date)) You expect a change in your license category.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0060, filed 6/30/03, effective 8/1/03.]

     (a) The understanding, ability, physical health, emotional stability, good judgment and personality suited to meet the physical, intellectual, mental, emotional, and social needs of the children ((under your)) in care;

     (b) Be qualified by our background inquiry check (((chapter 388-06 WAC))) prior to having unsupervised access to children. To "be qualified" means not having been convicted of, or have charges pending for, crimes posted on the DSHS secretary's list of permanently disqualifying convictions for ESA. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/policy.shtml. This includes ((your)) not having committed or been convicted of child abuse or any crime involving harm to another person; and

     (c) Be able to furnish the child in ((your)) care with a healthy, safe, nurturing, respectful, supportive, and responsive environment.

     (2) If we decide it is necessary, you must provide to us 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 388-295 WAC. This could include:

     (a) Sexual deviancy evaluations;

     (b) Substance abuse evaluations;

     (c) Psychiatric evaluations; and

     (d) Medical evaluations.

     (3) Any evaluation requested under WAC 388-295-0070 (2)(a) through (d) will be at the expense of the person being evaluated.

     (4) You must give us permission to speak with the evaluator in WAC 388-295-0070 (2)(a) through (d) prior to and after the evaluation.

     (5) We investigate staff and volunteers, including accessing criminal histories and law enforcement files.

     (6) We can also investigate members of your household and members of your staffs and volunteers households. This includes accessing criminal histories and law enforcement files.

     (7) We can investigate any other person who has access to a child in care, including accessing criminal history and law enforcement files.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0070, filed 6/30/03, effective 8/1/03.]

     (1) We may issue an initial license when you can show that you are following the rules regarding the child's health and safety.

     (2) We may issue an initial license if you have not yet opened for business, and so are not yet able to show that you are complying with the rules pertaining to:

     (a) Staff to child interactions;

     (b) Group size and staff to child ratios;

     (c) Behavior management and discipline;

     (d) Activity programs;

     (e) Child records and information; and

     (f) Other rules that require us to observe your facility's ability to comply with rules.

     (3) You must provide us with a plan to comply with the rules listed in subsection (2)(a) through (f) of this section. We must approve of that plan.

     (4) We may issue an initial license to an applicant for a period not to exceed six months, renewable for a period not to exceed two years.

     (5) When you have an initial license we:

     (a) Evaluate your ability to comply with all rules contained in this chapter ((during the period of initial licensor)) prior to issuing a full license((.

     (6) We));

     (b) May issue a full license to you when you have demonstrated compliance with chapter 388-295 WAC ((at any time during the period of initial licensor.

     (7) We)); and

     (c) Do not issue a full license to you if you do not demonstrate the ability to comply with all rules contained in chapter 388-295 WAC ((during the initial licensor)).

     (((8))) (6) You must pay licensing fees at the time you apply for an initial license and when your license is being renewed.

     (((9))) (7) We do not process your application until you have paid the required fee.

     (((10))) (8) You can pay licensing fees for:

     (a) A minimum of one year; or

     (b) The entire length of your license.

     (((11))) (9) You pay your fee by mailing a check or money order for the required amount to the department of social and health services, according to instructions on the licensing application.

     (((12))) (10) If you pay your fee one time per year, you pay the annual rate each time. The annual fee is due thirty days before each annual anniversary date of the license.

     (((13))) (11) If you pay for more than one year, the total fee you pay is based on the annual fee rate. For example, if you are licensed for three years and want to pay the licensing fee for the entire period at once, you multiply the annual fee by three years, and pay that amount at the time of your license application or renewal.

     (((14))) (12) If there is a change in your facility that places your facility in a higher fee category, we prorate the additional fee amount over the remainder of the license period.

     (((15))) (13) If you withdraw your application before we deny or issue a license, we refund one-half of the fee.

     (((16))) (14) If there is a change that requires a new license, we refund any fee that remains after your next licensing date. A new license requires a new application and fee.

     (((17))) (15) If we deny, revoke, or suspend your license, we do not refund your licensing fee.

     (((18))) (16) If you reapply for a license after we revoke or suspend your license, you must pay a new license fee.

     (((19))) (17) If you do not pay licensing fees when they are due, we suspend or deny your license.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0090, filed 6/30/03, effective 8/1/03.]

     (2) If more than one person applies for a license or is licensed under this chapter to provide child care at the same facility:

     (a) We consider qualifications separately and together.

     (b) We deny the license application, or suspend or revoke the 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, sexually exploited, abandoned a child or allowed such persons on the premises as defined in chapter 26.44 RCW;

     (b) Have ((a disqualifying criminal history as listed in chapter 388-06 WAC)) been convicted of, or have charges pending for, crimes posted on the DSHS secretary's list of permanently disqualifying convictions for ESA. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/policy.shtml;

     (c) Have had a license denied, suspended, or revoked for the care of adults or children in this state or any other state. However, if you demonstrate by clear and convincing evidence that you have taken enough corrective action and rehabilitation to justify the public trust to operate the center according to the rules of this chapter, we ((will)) consider issuing you a license;

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

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

     (f) Use illegal drugs;

     (g) Use alcohol to the extent that it interferes with your ability to provide care for the children as required by this chapter;

     (h) Refuse to permit an authorized representative of the department, state fire marshal, or state auditor's office with official identification to:

     (i) Inspect the premises;

     (ii) Access your records related to the centers operation; or

     (iii) Interview staff or children in care.

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

     (i) Photo identification issued by a government entity; and

     (ii) Social Security card that is valid for employment or verification of your employer identification number.

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

     (a) Try to get or keep a license by 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 children in care;

     (d) Fail to provide adequate supervision to children in care;

     (e) Do not exercise fiscal responsibility and accountability while operating the center;

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

     (g) Refuse to supply additional information requested by us;

     (h) Fail to pay fees when due;

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

     (j) Provide care on the premises for children of an age different from the ages for which the center is licensed.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0100, filed 6/30/03, effective 8/1/03.]

     (a) A description of the violation and a quote of the law or rule that you have failed to meet;

     (b) A statement of what you must do to come into compliance;

     (c) The date by which we require compliance;

     (d) Information about the maximum allowable penalty we can impose if you do not come into compliance by the given date;

     (e) How you can get technical assistance services provided by us or by others; and

     (f) Information about how you can ((to)) request an extension to the date you must be in compliance, if we decide you have a good reason.

     (2) The length of time we establish for you to come into compliance depends on:

     (a) The seriousness of the violation;

     (b) The potential threat to the health, safety and welfare of children in your care; or

     (c) If you have had previous opportunities to correct the deficiency and have not done so.

     (3) We use the following criteria to determine if we impose a civil fine based on, but not limited to, these reasons:

     (a) The child care center has previously been subject to an enforcement action for the same or similar type of violation for the same statute or rule; or

     (b) The child care center has previously been given notice of the same or similar type of violation of the same law or rule; or

     (c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.

     (4) We can impose a civil fine in addition to or at the same time as other disciplinary actions against a child care center. These include probation, suspension, or other action.

     (5) You must pay any civil fines no more than twenty-eight days after you receive the notice that you have a fine. We may specify a later date.

     (6) We can waive the fine if your center comes into compliance during the notification period.

     (7) You must post the final notice of a civil fine in a noticeable place in your center. The notice must remain posted until we notify you that we have received your payment.

     (8) Each violation of a law or rule is a separate violation. We can penalize each violation. We can impose a penalty for each day the violation continues or as a flat amount of the maximum allowable penalty.

     (9) If you fail to pay your fine within ten days after the assessment becomes final, we can suspend, revoke, or not renew your license.

     (10) You have the right to a hearing when we assess a civil fine under RCW 43.20A.215.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0110, filed 6/30/03, effective 8/1/03.]

     (2) The director and program supervisor must have five of the ten hours in program management and administration for the first two years in ((the director position)) their respective positions. Each additional year, three of the ten hours required must be in program management and administration.

     (3) Agencies or organizations that have been approved by the Washington State Training and Registry System (STARS) may offer up to six clock hours of continuing education each year to their employees. The remaining four hours must be obtained from other training offered in the community.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-1070, filed 6/30/03, effective 8/1/03.]

     (2) You must comply with applicable Washington Industrial Safety and Health Act (WISHA)/labor and industries safety and health regulations under chapter 296-823 WAC that apply to you.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-1110, filed 6/30/03, effective 8/1/03.]

     (1) Provide a variety of easily accessible learning and play materials of sufficient quantity to implement the centers program and meet the developmental needs of children in care.

     (2) Have a current daily schedule of activities and lesson plans that are designed to meet the children's developmental, cultural, and individual needs. The toys, equipment and schedule must be:

     (a) Specific for each age group of children; and

     (b) Include at least one activity daily for each of the following (you can combine several of the following for one activity):

     (i) Child initiated activity (free play);

     (ii) Staff initiated activity (organized play);

     (iii) Individual choices for play;

     (iv) Creative expression;

     (v) Group activity;

     (vi) Quiet activity;

     (vii) Active activity;

     (viii) Large and small muscle activities; and

     (ix) Indoor and outdoor play.

     (3) You must ensure the lesson plan, daily schedule of events, available toys and equipment contains a range of learning experiences to allow each child the opportunity to:

     (a) Gain self-esteem, self-awareness, self-control, and decision-making abilities;

     (b) Develop socially, emotionally, intellectually, and physically;

     (c) Learn about nutrition, health, and personal safety; and

     (d) Experiment, create, and explore.

     (4) Post the daily schedule and lesson plan in each room for easy reference by parents and by caregivers;

     (5) Keep the daily schedule of events and lesson plans for the past six months on site for inspection;

     (6) Maintain staff-to-child ratios and group size during transitions from one activity to another during the day;

     (7) Plan for smooth transitions by:

     (a) Establishing familiar routines; and

     (b) Using transitions as a learning experience.

     (8) Ensure the center's program affords the child daily opportunities for small and large muscle activities, outdoor play, and exposure to language development and books; and

     (9) Afford staff classroom planning time.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-2010, filed 6/30/03, effective 8/1/03.]

If the age of the children is:	Then the staff to child ratio is:	And the maximum group size is:
(a) One month, through 11 months (infant)	1:4	8
(b) Twelve months through 29 months (toddler)	1:7	14
(c) Thirty months through 5 years (preschooler)	1:10	20
(d) Five years ((and)) through 12 years (school-age child)	1:15	30

     (2) In centers licensed for twelve or fewer children, you may combine children of different age groups, provided you:

     (a) Maintain the staff-to-child ratio designated for the youngest child in the mixed group; and

     (b) Provide a separate care area when four or more infants are in care. In such case the maximum group size ((shall be)) is eight infants.

     (3) You must conduct activities for each group in a specific room or other defined space within a larger area.

     (4) You must ensure each group is under the direct supervision of a qualified staff person or team of staff involved in directing the child's activities.

     (5) We may approve reasonable variations to group size limitations if you maintain required staff-to-child ratios, dependent on:

     (a) Staff qualifications;

     (b) Program structure; and

     (c) Useable square footage.

     (6) After consulting with the child's parent, you may place the individual child in a different age group and serve the child within the different age group's required staff-to-child ratio based on the child's:

     (a) Developmental level; and

     (b) Individual needs.

     (7) You may combine children of different age groups for no more than one hour, provided you maintain the staff-to-child ratio and group size designated for the youngest child in the mixed group.

     (8) In centers licensed for thirteen or more children, you may group ambulatory children between one year and two years of age with older children, provided:

     (a) The total number of children in the group does not exceed twelve; and

     (b) Two staff are assigned to the group.

     (9) You must ensure the staff person providing direct care and supervision of the child is free of other duties at the time of care.

     (10) You must maintain required staff-to-child ratios indoors, outdoors, on field trips, and during rest periods. During rest periods, staff may be involved in other activities if:

     (a) Staff remain on the premises; and

     (b) Each child is within continuous visual and auditory range of a staff person.

     (11) You must ensure staff:

     (a) Attend to the group of children at all times; and

     (b) Keep each child (including school age children) within continuous visual and auditory range of center staff. Toilet trained children using the toilet must be within auditory range of a center staff member.

     (12) When only one staff person is present, you must ensure a second staff person is readily available in case of emergency.

     (13) When only one caregiver is required to meet the staff to child ratio, you must be sure there is coverage for emergencies to meet both ratios and worker qualifications by either:

     (a) Posting the name, address, and telephone number of a person who meets the qualifications of at least a lead teacher, who has agreed in writing to be available to provide emergency relief and who can respond immediately; or

     (b) Having a second person that meets the qualifications of at least a lead teacher on the premises who is not needed for the staff to child ratio, but is available to provide emergency relief.

     (14) Service staff, such as cooks, janitors, or bus drivers, ((must not)) may be counted in the required staff to child ratio ((unless)) if they((:

     (a))) meet all child care worker qualifications((; and

     (b) Are acting as a child care provider and are giving full attention to the children)).

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-2090, filed 6/30/03, effective 8/1/03.]

     (a) Maintain the staff to child ratio for the youngest child in the mixed group; and

     (b) Provide a separate area when infants are in care.

     (2) You must conduct activities for each group in a specific room or other specifically defined space within a larger area;

     (3) Excluding infants, you may place an individual child in a different age group and serve the child within the different age group's required staff to child ratio, based on the child's individual needs and developmental level. You must consult with the child's parent prior to making the change;

     (4) You may combine children of different age groups for periods of no more than one ((hours)) hour at the beginning and end of the day provided you maintain the staff to child ratio and group size designated for the youngest child in the mixed group;

     (5) You may have nine infants in a classroom with appropriate square footage if you maintain a ratio of one staff to three infants; and

     (6) You can request a waiver to group size limitations. If we approve variations to group size limitations, you must maintain the required staff-to-child ratios. Our approval will depend on but is not limited to:

     (a) Staff qualifications;

     (b) Program structure;

     (c) Square footage; and

     (d) Lower staff to child ratios.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-2100, filed 6/30/03, effective 8/1/03.]

     (a) Written in a clear and easily understood manner;

     (b) Shared with all new staff during orientation;

     (c) Posted for staff and families to review; and

     (d) Reviewed ((and)), signed and dated by a physician, a physician's assistant or registered nurse when you change your policies and procedures or type of care that you provide, or at least every three years when you are due for ((re-licensor)) re-licensing. (For example, if you go from caring for children from twelve months and older to caring for infants, you must update your health policies and procedures and have them reviewed and signed.)

     (2) Your health policies and procedures must have information on how you plan to:

     (a) Provide general cleaning of areas including but not limited to bathrooms, floors, walls, and doorknobs;

     (b) Clean and sanitize areas including but not limited to food contact surfaces, kitchen equipment, diapering areas, toys, toileting equipment and areas, equipment that might be shared with several children such as sleep mats, cribs or high chairs;

     (c) Prevent, manage and report communicable diseases;

     (d) Handle minor injuries such as nosebleeds, scrapes and bruises;

     (e) Provide first aid;

     (f) Screen children daily for illnesses;

     (g) Notify parents that children have been exposed to infectious diseases and parasites;

     (h) Handle minor illnesses;

     (i) Handle major injuries and medical emergencies that require emergency medical treatment or hospitalization;

     (j) Manage medication;

     (k) Assist with handwashing and general hygiene including diapering and toileting;

     (l) Handle food;

     (m) Provide nutritious meals and snacks;

     (n) Respond during any disasters;

     (o) Care for children that may have special needs;

     (p) Care for infants and obtain infant nurse consultation (if licensed for four or more infants); and

     (q) Place infants to sleep on their backs to reduce the risk of Sudden Infant Death Syndrome (SIDS).

     (3) Your health policies and procedures must have information on when you plan to:

     (a) Require ill children to stay home and for how long;

     (b) Allow the ill child to return; and

     (c) Call a parent to pick up their child and how you will care for the child until the parent arrives.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-3010, filed 6/30/03, effective 8/1/03.]

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-4010, filed 6/30/03, effective 8/1/03.]

     (2) You must provide each infant with a single-level crib (stacking cribs must not be used), infant bed, bassinet or playpen for napping until you and the parent agree that the child can safely use a mat, cot or other approved sleeping equipment.

     (3) Cribs, if used, must:

     (a) Be sturdy and made of wood, metal or plastic with a secure latching device;

     (b) Be constructed with vertical slats that are no more than two and three-eighths inches apart or be solid plexiglas;

     (c) Have corner posts that extend less than one-sixteenth of an inch above the sides and railing;

     (d) Not have cutout designs on the end panels;

     (e) Have a rail height and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position of at least nine inches;

     (f) Have a rail height and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position of at least twenty-six inches; and

     (g) Not use crib bumper pads, stuffed toys, quilts, lambskins, and pillows in cribs, infant beds, bassinets or playpens.

     (4) You must provide a crib, infant bed, playpen or bassinet mattress that is:

     (a) Snug fitting and touches each side of the crib to prevent the infant from becoming entrapped between the mattress and crib side rails;

     (b) Waterproof; and

     (c) Easily cleaned and sanitized, without tears or tape.

     (5) To allow walking room between cribs and reduce the spread of germs you must:

     (a) Space cribs a minimum of thirty inches apart. You may place cribs end to end if you provide a barrier. If you use barriers, staff must be able to observe and have immediate access to each child.

     (b) Provide a moisture resistant and easily cleanable solid barrier on the side or end adjacent to another crib.

     (6) You must provide:

     (a) An appropriate fitting sheet or cover for the sleeping surface; and

     (b) A clean light weight blanket or suitable cover for the child.

     (7) You must launder bedding at least weekly and more often if it becomes soiled.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-4100, filed 6/30/03, effective 8/1/03.]

     (2) The fire plan must follow the requirements in chapter 212-12 WAC or the state fire marshal requirements.

     (3) In areas where local emergency plans are in place, such as school district emergency plan, centers may follow those procedures and actions in developing their own plan.

     (4) The disaster plan must be:

     (a) Specific to the child care center;

     (b) Relevant to the types of disasters that might occur in the location of your child care center;

     (c) Able to be implemented during hours of operation; and

     (d) Posted in every classroom for easy access by parents and staff.

     (5) Your disaster plan must identify:

     (a) The designated position of the person (example: director, lead teacher, program supervisor, etc.) who is responsible for each part of the plan;

     (b) Procedures for accounting for all children and staff during and after the emergency;

     (c) How you evacuate ((their)) the premises, if necessary, and the meeting location after evacuation;

     (d) How you care for children with special needs during and after the disaster;

     (e) How you provide for children until parents are able to pick them up;

     (f) How you contact parents or how parents can contact the child care center; and

     (g) Transportation arrangements, if necessary.

     (6) Your written records must include a disaster plan, with signatures and dates of persons completing the disaster plan review on-site. The disaster plan must be read, reviewed and signed by:

     (a) The director((,)) and staff annually; and

     (b) Parents ((must read, review and sign the disaster plan annually. Your written records must include signatures and dates of persons completing the annual disaster plan review on-site)) when children are enrolled.

     (7) In addition to the requirements for fire drills and training set forth by the state fire marshal in chapter 212-12 WAC, you must:

     (a) Document staff education and training of the disaster plan;

     (b) Conduct and document quarterly disaster drills for children and staff (you do not have to conduct a drill quarterly for each potential disaster - just one drill per quarter);

     (c) Keep written documentation of the drills on-site; and

     (d) Debrief and evaluate the plan in writing after each disaster incident or drill.

     (8) You must keep the twelve month record indicating the date and time you conducted the required monthly fire evacuation drills on-site for the current year plus the previous calendar year.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-5030, filed 6/30/03, effective 8/1/03.]

     (a) Sixty-eight degrees Fahrenheit to 75 degrees Fahrenheit during winter months; and

     (b) Sixty-eight degrees Fahrenheit to 82 degrees Fahrenheit during the summer months.

     (2) In addition, you must:

     (a) Equip the room or building with a mechanical air cooling system or equivalent when the inside temperature of child-occupied areas exceeds 82 degrees Fahrenheit. This includes but is not limited to, swamp coolers, fans, air conditioners, or drip systems;

     (b) Not take children outdoors during extremes temperatures that put children at risk for physical harm.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-5150, filed 6/30/03, effective 8/1/03.]

     (a) Completed enrollment application signed by the parent;

     (b) Name, birth date, dates of enrollment and termination, and other identifying information;

     (c) Name, address, and home and business telephone number of the parent and other person to be contacted in case of an emergency;

     (d) Health history;

     (e) Individual plan of care when needed for chronic health conditions and life threatening medical conditions;

     (f) Written consent from the parent for you to seek and approve medical care in an emergency situation, a court order waiving the right of informed consent, or parent's alternate plans for emergency medical and surgical care if the parent can not be reached;

     (g) Information on how to contact the parents, especially in emergencies;

     (h) Instructions from parent or health care providers related to medications, specific food or feeding requirements, allergies, treatments, and special equipment or health care needs if necessary;

     (i) Written records of any illness or injury that occurs during child care hours and the treatment provided; and

     (j) Written records of any medications given while the child is at child care.

     (2) You must include the following authorizations in each child's record:

     (a) Name, address, and telephone number of the person authorized to remove the child from the center;

     (b) Written parental consent for transportation to and from school; and

     (c) Written parental consent for transportation provided by the center to and from field trips, including field trip location, date of trip, departure and arrival times and any other additional information the parent may need to be advised of.

     (3) You can use any health history form you choose as long as it includes:

     (a) The date of the child's last physical exam or the date the child was last seen by a health care provider for reasons other than immunizations;

     (b) Allergies, expected symptoms, and method of treatment if necessary;

     (c) Health and developmental concerns or issues;

     (d) Any life threatening medical condition that requires an individual health plan;

     (e) A list of current medications used by the child;

     (f) Name, address and phone number of the child's health care provider; and

     (g) Name, address and phone number of the child's dentist, if the child has a dentist.

     (4) The individual records, including the certificate of immunization status, must be kept on the premises:

     (a) For each child currently in care; and

     (b) For one year after the child leaves your care.

     (((5) Attendance records, sign in and out records and invoices for state-paid children must be kept for fives years after the child leaves your care.))

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-7010, filed 6/30/03, effective 8/1/03.]

     (1) Copies of the most recent child care center checklists for licensing renewal and facility licensing compliance agreement for any deficiencies noted; and

     (2) Copies of the most recent child care centers monitoring checklist and facility licensing compliance agreement for ((and)) any deficiencies noted.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-7040, filed 6/30/03, effective 8/1/03.]

     (a) An application for employment on a form prescribed by us, or on a comparable form approved by the department; and

     (b) A criminal history and background inquiry form.

     (2) You must submit the criminal history and background inquiry form to us within seven calendar days of the employee's first day of work. The form authorizes a criminal history background inquiry for that person.

     (3) Until the criminal background inquiry results are returned and show the employee to not be disqualified, you must not leave the employee ((is not to be)) unsupervised with the children.

     (4) We discuss the information on the criminal history background inquiry form with you, the director, or other person responsible for the operation of the center, such as a human resources professional, if applicable.

     (5) If you employ five or more people you must have written personnel policies. These policies must describe staff benefits, if any, and duties and qualifications of staff.

     (6) You must maintain a system of record keeping for personnel. In addition to the other requirements in this chapter, you must keep the following information on file on the premises for yourself, each staff person and volunteer:

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

     (b) ((A photo copy of the Social Security card that is valid for employment or verification of your employer identification number (EIN);

     (c) A photo copy of a photo identification issued by a government entity;

     (d))) Documentation that a criminal history and background inquiry form was submitted;

     (((e))) (c) Written documentation of trainings and meetings such as but not limited to:

     (i) Orientation;

     (ii) On-going trainings;

     (iii) Bloodborne pathogen training (including HIV/AIDS);

     (iv) CPR/first aid;

     (v) Food handler's cards (if applicable);

     (vi) STARS;

     (vii) Staff meetings; and

     (viii) Child abuse and neglect.

     (((f))) (d) Documentation of the results of Tuberculosis (TB) testing by the Mantoux skin test prior to starting work.

     (7) You must keep the following information on file for the owner of the facility:

     (a) If the center is solely owned by you:

     (i) A photocopy of your social Security cared that is valid for employment or verification of your employer identification number (EIN); and

     (ii) A photocopy of your photo identification issued by a government entity.

     (b) If the center is owned by a corporation, verification of the corporation's EIN.

     (8) Training documentation must include a certificate, card, or form with a copy placed in each individual employees file that contains the:

     (a) Topic presented;

     (b) Number of clock hours;

     (c) Date and names of persons attending; and

     (d) Signature and organization of the person conducting the training.

[Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-7050, filed 6/30/03, effective 8/1/03.]

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