Purpose: The Department of Social and Health Services' Economic Services Administration (ESA) is repealing all sections of chapter 388-155 WAC, Minimum licensing requirements for family home child care, with the exception of WAC 388-155-080, and replace the repealed sections with new chapter 388-296 WAC, Child care business regulations for family home child care. Proposed WAC 388-296-0310 and the proposed repeal of WAC 388-155-080 are being withdrawn. As a result of public comments, WAC 388-296-0310 is being revised and will be reproposed at a later date.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-155-005 Authority, 388-155-010 Definitions, 388-155-020 Scope of licensing, 388-155-040 Local ordinances and codes, 388-155-050 Waivers, 388-155-060 Dual licensure, 388-155-070 How do I apply for a license and what is required?, 388-155-083 Fees, 388-155-085 Initial license, 388-155-090 When can my license application be denied and when can my license be suspended or revoked?, 388-155-092 Civil penalties, 388-155-093 Civil penalties--Amount of penalty, 388-155-094 Civil penalty--Posting of notice of penalty, 388-155-095 Civil penalties--Unlicensed programs, 388-155-096 Civil penalties--Separate violations, 388-155-097 Civil penalties--Penalty for nonpayment, 388-155-098 Probationary license, 388-155-100 Activities and routines, 388-155-110 Learning and play materials, 388-155-120 Provider-child interactions, 388-155-130 Behavior management and discipline, 388-155-140 Rest periods, 388-155-150 Evening and nighttime care, 388-155-160 Off-site trips, 388-155-165 Transportation, 388-155-170 Parent communication, 388-155-180 Staffing--Qualifications, 388-155-190 Capacity, 388-155-200 Development and training, 388-155-220 Health supervision and infectious disease prevention, 388-155-230 Medication management, 388-155-240 Nutrition, 388-155-250 Kitchen and food service, 388-155-270 Care of young children, 388-155-280 General safety, maintenance, and site, 388-155-290 Water supply, sewage, and liquid wastes, 388-155-295 Water safety, 388-155-310 First-aid supplies, 388-155-320 Outdoor play area, 388-155-330 Indoor play area, 388-155-340 Toilets, handwashing sinks, and bathing facilities, 388-155-350 Laundry, 388-155-360 Nap and sleep equipment, 388-155-370 Storage, 388-155-380 Home atmosphere, 388-155-390 Discrimination prohibited, 388-155-400 Religious activities, 388-155-410 Additional requirements regarding American Indian children, 388-155-420 Child abuse, neglect, and exploitation, 388-155-430 Prohibited substances, 388-155-440 Limitations to persons on premises, 388-155-450 Child records and information, 388-155-460 Home records, 388-155-470 Personnel records, 388-155-480 Reporting of death, injury, illness, epidemic, or child abuse, 388-155-490 Reporting of circumstantial changes, 388-155-500 Posting requirements, 388-155-600 Occupancy restrictions, 388-155-605 Hazardous areas, 388-155-610 Single station smoke detectors, 388-155-620 Alternate means of sounding a fire alarm, 388-155-630 Fire extinguisher, 388-155-640 Fire prevention, 388-155-650 Sprinkler system maintenance, 388-155-660 Fire evacuation plan, 388-155-670 Fire evacuation drill, 388-155-680 Staff training, 388-155-991 Waiver of fees, 388-155-992 Fee payment and refunds, and 388-155-993 Denial, revocation, suspension, and reinstatement.

     *Note: The proposed repeal of WAC 388-155-080 has been withdrawn and this rule will remain in effect until the department files a supplemental rule-making notice related to the reproposal of WAC 388-296-0310.

     Statutory Authority for Adoption: RCW 74.08.090 and 74.15.030; chapters 74.12 and 74.15 RCW.

      Adopted under notice filed as WSR 04-07-134 on March 22, 2004; and WSR 04-10-095 on May 4, 2004.

     Changes Other than Editing from Proposed to Adopted Version:

WAC SECTION	PROPOSED LANGUAGE	PERMANENT LANGUAGE
388-296-0010	For the purposes of this chapter "we," "use" and "our" means the state Department of Social and Health Services (DSHS), including but not limited to the Division of Child Care and Early Learning (DCCEL).	This language was deleted from the proposed language.
388-296-0020	"Character, competence, and suitability assessment" means ...	Added language, findings of abuse, neglect, exploitation or abandonment of a child or vulnerable adult and child protective services (CPS) referral history.
	"Child care" means ...	Deleted "ensure"; added "promote."
"	"Communicable disease" means ...	Added language, "in the child care setting."
"	"Confidentiality" means ...	Added language, "such as the child's records."
"	"Family home child care provider" means ...	Added language, behavior management.
"	No proposed language.	Added language, "Family home" 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."
"	"Licensed family home child care..."	Deleted "licensed."
"	No proposed language.	Added language, "infant" means a child birth through eleven months of age.
"	No proposed language.	Added language, "licensor" means the person with authority to grant licenses.
"	No proposed language.	Added language, "preschool age child" means a child thirty months through five years of age not attending kindergarten or elementary school.
"	"Premises..."	Added language, "at the same address."
"	No proposed language.	Added language, "staff" means a child care giver or group of child care givers employed by the licensee to assist with or supervise children served at the family home child care.
"	"Terms of the license..."	Deleted "location"; added language, "address."
"	No proposed language.	Added "toddler" means a child twelve months through twenty-nine months of age.
"	"Unsupervised access refers to the act of having contact with child care children without the direct supervision of the licensed provider."	New language, "means not in the absence of the licensed child care provider or primary staff person."
"	"Useable space..."	Deleted "the space described by the applicant on the application"; added language, "actually available for children to engage in developmentally appropriate activities."
388-296-0110	(1) Individuals, entities and agencies that provide care for children must be licensed, unless specifically exempt under RCW 74.15.020(2).	(1) Individuals and agencies that provide care for children must be licensed, unless specifically exempt under RCW 74.15.020(2).
	(3) deleted, "and certification."	(3) Added, "certification that we apply for licensure."
	(5) deleted "person or organization" and "serve state paid children."	(5) Added, "individuals and agencies wanting to care for children whose child care is paid for by the state child care subsidy program."
	(5)(b) "A booklet for providers."	(5)(b) added, licensed and certified.
	(5)(c) Bill the department at the person's or organization's customary rate or the DSHS rate, whichever is less.	(5)(c) added, (see WAC 388-290-0190 (2) (3) for exceptions).
388-296-0120	(5) You are caring for children outside your licensed allowable age range and you do not have a waiver for that purpose.	(5) You receive payment for caring for children outside your licensed allowable age range and you do not have a waiver for that purpose.
388-296-0125	Family home child cares must comply with any city and county ordinances and codes for their locality and meet the minimum construction...	Family home child care businesses must comply with any city and county ordinances and codes for their locality and meet the minimum construction...
388-296-0140	What personal characteristics does an individual need to provide care to children?	What personal characteristics does an individual need to provide care to children?
	(1) We are looking for specific personal characteristics if you want a:	(1) An individual must have specific personal characteristics to have a:
388-296-0150	(2) If any evaluations we require has a cost you are responsible to pay for	(2) If any evaluation we require has a cost, the individual required to have the evaluation is responsible to pay for it.
	(3) You must sign a release of information prior to having the evaluation, to allow us to speak to the person doing the evaluation.	(3) The individual completing the evaluation must sign a release of information prior to having the evaluation, to allow us to communicate with the person doing the evaluation.
	(4) If you refuse to follow any of these rules, we may deny the application or revoke the license.	(4) If the individual refuses to follow any of these rules, we may deny the application or revoke the license.
388-296-0160	(b) Complete and submit a signed application form, to DCCEL, including the following attachments:	(b) Complete and submit a signed application form, DSHS 10-204 to DCCEL, including the following attachments:
	(a) Documentation of current infant, child and adult CPR and standard first aid training for you and any primary staff, assistant or volunteer will be counted in staff/child ratios:	(a) Documentation of current infant, child and adult CPR and standard first aid training for you and any staff or volunteer who will be counted in staff/child ratios:
	(ii) A copy of your social security card or verification of your employer identification number (EIN);	(ii) A photocopy of your social security card that is valid for employment or verification of your employer identification number (EIN);
388-296-0160	(a) Written proof of current infant/child/and adult CPR and standard first aid training for you and any primary staff, assistant or volunteer who will care for children;	(a) Documentation of current infant, child and adult CPR and standard first aid training for you and any primary staff, assistant or volunteer who will be counted in staff/child ratios;
	(b) Documentation of a current TB exam by the Mantoux method for you, any primary staff, assistants, volunteers and members of the household ...	(b) Documentation of a negative Mantoux tuberculin (TB) test in the twelve months prior to starting work for you, staff, volunteers and members of the household sixteen years or older;
	A copy of your policies and procedures that you give to parents; and	A copy of your policies and procedures you give to parents; and
	(f) Any additional reports or information regarding you, any staff, assistants, volunteers, members of your household or any other person having access to the child in care if your licensor requests it.	(f) Any additional reports or information pertaining to your ability to follow the WACs regarding you, staff, volunteers, members of your household or any other person having access to the child in care if your licensor requests it.
388-296-0170	You must submit to the Financial Services Administration a nonrefundable yearly license fee of twenty-four dollars, in the form of a check or money order. The license fee may be paid for one, two or three years.	You must pay the Financial Services Administration a nonrefundable license fee of twenty-four dollars. This must be in the form of a check or money order. You must pay the license fee each year before or on your anniversary date.
388-296-0180	Am I required to go through a criminal history background check?	Am I required to have a criminal history background check?
	(1)(a) You must submit this form to the BCCU for the employee and volunteer, within seven calendar days of the staff's or volunteer's first day of employment, permitting a criminal and background history check.	(1)(a) You must submit this form to the BCCU for the employee and volunteer, within seven calendar days of the employee's or volunteer's first day of work, permitting a criminal and background history check.
	(c) Primary staff.	(c) Staff;
	(d) Assistants and volunteers (fourteen years and older).	(d) Volunteers;
	(2) When you plan to have new primary workers, assistants or volunteers, you must require each person to complete and submit to you by the date of hire a criminal history and background check form:	(2) When you plan to have new staff, or volunteers, you must require each person to complete and submit to you by the date of hire a criminal history and background check form:
	(a) You must submit this form to the BCCU for the employee and volunteer, within seven calendar days of the staff's or volunteer's first day of employment, permitting a criminal and background history check.	(a) You must submit this form to the BCCU for the employee and volunteer, within seven calendar days of the employee's or volunteer's first day of work, permitting a criminal and background history check.
388-296-0190	(1) Compare the background information with convictions posted on the DSHS secretary's list of disqualifying convictions for economic services administration (ESA).	(1) Compare the background information with convictions/actions posted on the DSHS secretary's list of disqualifying convictions/actions for Economic Services Administration (ESA).
WACs related to criminal history background clearances have been restructured for clarity at the request of the Board of Appeals. Changes for clarity can be found in WAC 388-296-0190, 388-296-0195, 388-296-0200, 388-296-0205, and 388-296-0210.	(4) Conduct a character, competence and suitability assessment of you, your family members, assistants or any one else living at the same address as you if an individual is not automatically disqualified by a conviction record, pending charges and/or a dependency record.	(3) Conduct a character, competence and suitability assessment of you, your family members, staff, volunteer or any one else living at the same address as you if an individual is not automatically disqualified by a conviction record, pending charges and/or findings of abuse, neglect, exploitation or abandonment of a child or vulnerable adult.
	(5) Deny or revoke your license if the background information disqualifies you, a family member, or any person living at the same address as you.	Subsection (5) was deleted from 388-296-0190.
388-296-0195	WAC 388-296-0190	When will I be disqualified from providing licensed child care?
		(1) If you have background containing any of the convictions/actions posted on the DSHS secretary's list of permanently disqualifying convictions/actions for ESA, you are permanently disqualified from providing licensed child care.
		(2) If you have a background containing any of the convictions posted on the DSHS secretary's list of nonpermanent disqualifying convictions for ESA, you are disqualified from providing licensed child care for five years after the conviction date.
		(3) You can be disqualified from providing licensed child care if you have a background containing information other than conviction information that we determine:
		(a) Makes you not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or
		(b) Puts the household at risk for harm.
		This takes the place of subsection (5) that was deleted from WAC 388-296-0190.
388-296-0200	WAC 388-296-0200 What convictions permanently disqualify me from providing licensed child care? If you have a background containing any of the convictions posted on the DSHS secretary's list of permanently disqualifying convictions for ESA, you are permanently disqualified as a child care provider for DCCEL.	WAC 388-296-0200 Will my license be denied or revoked if I have been disqualified from providing licensed child care? Your license will be denied or revoked if you are disqualified from providing licensed child care.
388-296-0205	WAC 388-296-0190	WAC 388-296-0205 When will my family members, staff, volunteer, and other people who live at the same address as me be disqualified from having access to children in a family home child care?
		(1) If a family member, staff person, volunteer, or other person living at the same address as you has a background containing any of the convictions/actions posted on the DSHS secretary's list permanently disqualifying convictions/actions for ESA, they are permanently disqualified from having access to children in a family home child care.
		(2) If a family member, staff person, volunteer or other person living at the same address as you has a background containing any of the convictions/actions posted on the DSHS secretary's list of nonpermanent disqualifying convictions/actions for ESA, they are disqualified from having access to children in a family home child care for five years after the conviction date.
		(3) A family member staff person, volunteer, or other person living at the same address as you can be disqualified from having access to children in a family home child care if they have a background containing information other than conviction information that we determine:
		(a) Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care, provided that the individual is responsible for the care of children; or
		(b) Puts the household at risk for harm;
		(4) The department notifies a staff person if they have been disqualified from having access to children in a family home child care. The disqualified staff person has a right to a hearing to contest the department's disqualification action pursuant to WAC 388-06-0240.
388-296-0210	WAC 388-296-0210 Is there other background information or convictions that will disqualify me from providing licensed child care?	WAC 388-296-0210 What are my responsibilities if I am notified that a family member, staff person, volunteer, or anyone else living at the same address as me has been disqualified? If we inform you that a family member, staff person, volunteer, or anyone else living at the same address as you has been disqualified, you must ensure that the disqualified person does not have access to children in the licensed facility.
	(1) You can be disqualified if you, your family member, or any other person living at the same address as you has a background containing information other than conviction information that we determine:
	(a) Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or
	(b) Puts the household at risk for harm.
	(2) If an individual being checked has a background containing any conviction posted on the DSHS secretary's list of nonpermanent disqualifying convictions for ESA, you are disqualified for five years after the conviction date.
388-296-0215	WAC 388-296-0210 Is there other background information or convictions that will disqualify me from providing licensed child care?	WAC 388-296-0215 Will my license be denied, suspended, or revoked if a family member, or someone else living at the same address as me has been disqualified from having unsupervised access to children? Your license will be denied or revoked if your family member or any other person who is living at the same address as you has been disqualified from having unsupervised access to children.
	(1) You can be disqualified if you, your family member, or any other person living at the same address as you has a background containing information other than conviction information that we determine:
	(a) Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or
	(b) Puts the household at risk for harm.
	(2) If an individual being checked has a background containing any conviction posted on the DSHS secretary's list of nonpermanent disqualifying convictions for ESA, you are disqualified for five years after the conviction date.
388-296-0220	Must I keep the results of the background checks on family members and staff? You must keep for a period of three years, a file of all background check results for you, your family, primary staff, assistants, volunteers and any other persons required to have a background check.	Must I keep the results of the background checks on family members, staff and volunteers? You must keep for a period of three years, all background check results for you, your family, staff, volunteers and any other persons required to have a background check.
388-296-0230	(1) You and all of your staff who care for children must have the following current CPR and first aid training. CPR and first aid training must be in accordance with a nationally recognized standard for:	(1) You and any staff or volunteer who is counted in staff/child ratios must have the following current CPR and first aid training. CPR and first aid training must be in accordance with a nationally recognized standard for:
	(a) Infant, child and adult CPR; and	(a) Infant, child and adult CPR; and
	(b) Basic standard first aid.	(b) Basic standard first aid.
	(2) You must keep records in the licensed space of the home at all times, showing who has completed current CPR and first aid training. This includes copies of the certificate of completion for the training for each person responsible for the care of children.	(2) You must keep records on the premises and available to the department on request, showing who has completed current CPR and first aid training. This includes copies of the certificate of completion for the training for each person responsible for the care of children.
388-296-0240	You must:
	(1) Arrange for training for yourself and all staff and volunteers who are responsible for the care of children on the prevention and transmission of HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome).	(1) You, your staff and volunteers who are responsible for the care of children must complete training on the prevention and transmission of HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome).
388-296-0250	(2) If you don't meet this deadline and have not contacted your licensor, your licensor considers your application withdrawn.	(2) If you don't meet this deadline and have not contacted your licensor, we consider your application withdrawn.
388-296-0270	(1) If you move, and have an acceptable history of child care, and plan to continue to operate your family home child care business you must submit an application with all supporting documentation for the new address, before you move.	(1) If you move, have an acceptable history of child care, and plan to continue to operate your family home child care business you must submit an application with all supporting documentation for the new address, before you move.
	(2) You are allowed to operate for up to two weeks at your new location if you have submitted an application for that address. If we are unable to issue a new license to you within the two-week period, you must stop operating the child care business until you become licensed at the new address.	(2) If you have submitted an application for the new address prior to moving, we allow you to operate at your new address for up to two weeks. If you are unable to meet the health and safety requirements at your new address within the two-week period, you must stop operating the child care business until you become licensed at the new address (per RCW 74.15.100).
	(3) If you move and do not tell us, your license becomes invalid the date of your move.	(3) If you move and do not tell us, your license becomes invalid on the date of your move.
388-296-0280	May a family home child care have more than one type of license?	May a family home child care have more than one type of license to provide care to children?
388-296-0290	(2) You or a qualified staff person must be awake when children are dropped off and picked up at your home.	(2) If you provide nighttime care you or a qualified primary staff person must be awake when children are dropped off and picked up at your home.
	(4)(d) Separate dressing and sleeping areas for boys and girls ages four years and older and demonstrating a need for privacy;	(4)(d) Separate dressing and sleeping areas for boys and girls ages four years and older and for other children demonstrating a need for privacy;
388-296-0310	We inspect family home child cares to ensure that conditions in the home do not pose a safety risk to young children.	Because we are making significant changes to the proposed rule we are filing a supplemental CR-102.
	(1) We inspect the areas of your home that children will have access to:
	(a) All unlicensed space must be made inaccessible to children in care; and
	(b) Any area that is found to be accessible to children must be considered licensed space and becomes immediately subject to licensing requirements and inspection.
	(2) We may inspect specific areas that are unlicensed when:
	(a) We receive a complaint related to that area; or
	(b) We have reason to believe that conditions exist that place children at risk of harm.
388-296-0320	How many children may I serve?	How many children may I care for?
	(1) We approve up to ...	(1) We may license you to care for ...
	(c) Your education and licensed child care experience and the skills of your staff, assistants and volunteers:	(c) Your education and licensed child care experience and the skills of your staff, and volunteers.
388-296-0330	Is there more than one type of license? We issue three types of licenses:	Is there more than one category of license? We issue three types of licenses:
	(1) Initial (see WAC 388-296-0340);	(1) Initial (see WAC 388-296-0340);
	(2) Full (see WAC 388-296-0350); and	(2) Full (see WAC 388-296-0350); and
	(3) Probationary (see WAC 388-286-0440).	(3) Probationary (see WAC 388-296-0440).
388-296-0340	(vi) Other rules requiring us to observe your ability to comply with rules.	This language has been deleted.
388-296-0350	(1) We may issue a full license to you if you can demonstrate compliance with all rules contained in this chapter at any time that you have an initial license.	(1) We may issue a full license to you when you can demonstrate compliance with all rules contained in this chapter at any time that you have an initial license.
388-296-0360	(d) The maximum financial penalty (civil fine) that you must pay if you do not achieve compliance by the required date.	(1)(d) The maximum financial penalty (civil fine) that you must pay if you do not comply with the rules by the required date.
388-296-0370	Language not included.	(c) Comply with the agreement.
388-296-0390	What does the department base a civil penalty on?	What does the department base a fine on?
388-296-0410	If we assess a fine to you after an adjudicated hearing and you fail to pay the fine within ten days after we assess it, we may suspend, revoke or not renew your license.	If you fail to pay a fine within ten days after the fine assessment becomes final we may suspend, revoke or not renew your license.
388-296-0430	(7) Your right to an adjudicative proceeding if we assess a monetary penalty;	(7) Your right to an adjudicated proceeding if we assess a monetary penalty; and
388-296-0450	(1) When you demonstrate that you cannot provide the required care for children in a way that ensures their safety, health and well-being we must deny, suspend or revoke your license	(1) When you demonstrate that you cannot provide the required care for children in a way that promotes their safety, health and well-being we must deny, suspend or revoke your license.
	(e) Try to get a license deceitfully, such as making false statements or leaving out important information on the application;	(e) Try to get or keep a license by deceitful means, such as making false statements or leaving out important information on the application;
	(n) Repeatedly fail to comply with the licensing requirements set forth in this chapter or any provision of chapter 74.15 RCW.	(n) deleted
388-296-0460	(2) We may also suspend or revoke your license if you fail to comply with any of our other licensing requirements.	(2) Repeatedly fail to comply with the licensing requirements set forth in this chapter or any provision of chapter 74.15 RCW.
388-296-0470	(1) We send you a certified letter informing you of any decision to deny, suspend or revoke your license.	(1) We send you a certified letter and/or personally deliver a letter informing you of any decision to deny, suspend or revoke your license.
388-296-0480	(2) Your right to appeal and the procedures for that process are outlined in RCW 43.20A.205 and 74.14.130, chapter 34.05 RCW and chapter 388-02 WAC.	(2) Your right to appeal and the procedures for that process are outlined in RCW 43.20A.205 and 74.15.130, chapter 34.05 RCW and chapter 388-02 WAC.
388-296-0490	(1) You must develop written procedures for:	What written procedures am I required to establish for my child care business?
	(a) Keeping child records current;	(1) You must develop written procedures for:
	(b) Routine communication with parents about their child's activities;	(a) Keeping child records current;
	(c) Storage of internal and external medications and administration of medications;	(b) Routine communication with parents about their child's activities;
	(d) Expectations of primary workers, assistants and volunteers;	(c) Expectations of primary staff, assistants and volunteers;
	(e) Emergency procedures including staffing emergencies, evacuation plans, sick or injured children and medical emergencies;	(d) Emergency procedures including staffing emergencies, evacuation plans, sick or injured children and medical emergencies;
	(f) Emergency response plan for disasters;	(e) Off-site activities;
	(g) Excluding persons whose presence on the premises is prohibited by the regulations;	(f) Confidentiality; and
	(h) Off-site activities;	(g) All other policies and procedures that you will follow in your child care business.
	(i) Assuring children have an extra set of clean clothes available;
	(j) Child guidance and discipline (you must state that the use of corporal punishment by anyone is prohibited during your operating hours);
	(k) Religious activities (if any);
	(l) Confidentiality;
	(m) Reporting suspicion of child abuse, child neglect and exploitation;
	(n) Parents right to have free access to the licensed space on your premises during your hours of operation; and
	(o) Sign-in and sign-out procedure.
	(2) You must train your staff and have available to them the program's philosophy and all written procedures listed in subsection (1) of this section.
	(3) You must review all written policies and procedures and revise them when they no longer describe your current practice.
388-296-0510	(1) A completed child's admission form that is signed and dated by the parent;	(1) A completed child's enrollment form that is signed and dated by the parent;
388-296-0520	A child's presence in the child care must be documented, on a daily basis, by the child's parent or guardian or an authorized person by using the sign-in and sign-out procedure for each child in attendance. The parent, guardian or authorized person must use their full signature when signing the child in and out of the child care. Daily attendance records, listing the dates and hours of attendance of each child must be maintained in the licensed space of the family home child care and kept up-to-date for five years.	(2) When the school age child arrives at or leaves the child care home due to school or off-site activities as authorized by the parent, you or your staff must sign out the child, and sign in the child on return to the home.
	(3) Daily attendance records, listing the dates and hours of attendance of each child must be maintained in the licensed space of the family home child care and kept up-to-date for five years.	(3) Daily attendance records, listing the dates and hours of attendance of each child must be kept up-to-date and maintained in the licensed space of the family home child care for five years.
	(6) You must maintain all records and reports required by these regulations in an up-to-date manner at the facility. The records and reports are subject to inspection and you must surrender the records to us if we request them.	(8) You must maintain all records and reports required by these regulations in an up-to-date manner at the facility. The records and reports are subject to inspection and you must allow us access to them at the time we request them.
388-296-0550	(2)(a) The number and qualifications of the home's staff that may affect the ability to carry out the specified activities and routines of the family home child care or meet the requirements of the WAC, such as a change in a persons criminal history	(2)(a) The number and qualifications of you, your staff and volunteers that may affect the ability to carry out the specified activities and routines of the family home child care or meet the requirements of the WAC, such as a change in a person's criminal history;
388-296-0560	(2) If a portion of the home is used for purposes other than a dwelling, such as a garage, automotive repair shop, cabinet or furniture making or refinishing or similar use, a firewall is required between the dwelling and the other use.	(2) If a portion of the home is used for purposes that could pose a hazard, such as an automotive repair shop, cabinet or furniture making or refinishing or similar use, a firewall is required between the dwelling and the other use.
	(6) You must ensure that any floor located more than four feet above grade level is not occupied by children for family home child care purposes except for the use of toilet facilities while under supervision of a staff person.	(6) Except as permitted in subsection (7) below, you must ensure that any floor located more than four feet above grade level is not occupied by children for family home child care purposes except for the use of toilet facilities while under supervision of a staff person.
388-296-0610	(5) You must not leave on open-flame devices capable of igniting clothing, or leave them unattended or allowed to be used in a way that could result in an accidental ignition of children's clothing. You must not use candles.	(5) You must not leave on open-flame devices capable of igniting clothing, or leave them unattended or allowed to be used in a way that could result in an accidental ignition of children's clothing. You must not use, or allow the use of candles during operating hours.
	(8) You must not use portable space heaters of any kind.	(8) You must not use portable space heaters of any kind in any area of the child care home or building during child care hours.
	(10) If you have fireplaces, woodstoves or similar devices, the local building official must approve them and any connections. If the woodstove is used as a sole source of heat or is used during hours of operation, it must be cleaned, maintained and inspected on at least an annual basis by a person or firm specializing in and licensed for that type of work. Where open flames or hot surfaces are accessible, you must erect approved barriers to prevent children from coming in contact with the open flames or hot surfaces.	(10) If you have fireplaces, woodstoves or similar devices, the local building official must approve them and any connections. Where open flames or hot surfaces are accessible, you must erect approved barriers to prevent children from coming in contact with the open flames or hot surfaces.
388-296-0650	You and each primary worker or assistant must be familiar with all elements of the fire evacuation plan and capable of:	You and each staff person and volunteer must be familiar with all elements of the fire evacuation plan and capable of:
	(3) Conducting frequent inspections of the home to identify fire hazards and take action to correct any hazards discovered during the inspection. The inspections should be conducted on a monthly basis and records kept in the licensed areas of your home for review by the licensor.	(3) Conducting frequent inspections of the home to identify fire hazards and take action to correct any hazards discovered during the inspection.
388-296-0720	What are the physical structure safety requirements for a family home child care? You must keep the equipment and the physical structures	What are the physical structure and equipment safety requirements for a family home child care? You must keep the physical structures and equipment
	(14) Securely anchor to the ground climbing equipment and swings, and space them to allow for a six-foot fall zone. The play area must be arranged so children playing on one piece of equipment do not interfere with children playing on another piece of equipment;	(7) Have washable, water-resistant floors in your bathrooms, kitchens, and any other rooms exposed to moisture; (This applies to anyone newly licensed on or after the date this rule takes effect)
	(7) Have washable, water-resistant floors in your bathrooms, kitchens, and any other rooms exposed to moisture;	(8) Provide non-removable electrical outlet covers to all outlets accessible to children if you care for children five years and younger or other persons with limited mental capacity or who might be endangered by access to electrical outlets;
	(8) Provide non-removable electrical outlet covers to all outlets accessible to children if you care for children five years and younger or other persons with limited mental capacity or who might be endangered by access to them;	(14) Securely anchor to the ground climbing equipment and swings that have provisions for anchors. The play area must be arranged so children playing on one piece of equipment do not interfere with children playing on another piece of equipment.
	(14) Securely anchor to the ground climbing equipment and swings, and space them to allow for a six-foot fall zone.
388-296-0740	(2) Your address must be clearly visible on your house or mailbox so that firefighters or medics can easily find your home location.	(2) Your address must be clearly visible on your house or mailbox.
388-296-0750	(3) You or a qualified primary worker must directly supervise all children in your care when they have access to wading pools, swimming pools and other bodies of water that are in your licensed space.	(3) You or a qualified primary staff person must directly supervise all children in your care when they have access to wading pools, swimming pools and other bodies of water that are in your licensed space.
	(5) You must place a five-foot fence, designed to discourage climbing, and have a locked gate around a pool of water. This includes swimming pools that are above or below ground level and ornamental pools. Bodies of water hazardous to young children must be inaccessible to children when you or a primary worker are not providing direct supervision during your operating hours.	(5) You must place a five-foot fence, designed to discourage climbing, and have a locked gate around a pool of water. This includes swimming pools that are above or below ground level and ornamental pools. Bodies of water hazardous to young children must be inaccessible to children when you, or a primary staff person are not providing direct supervision during your operating hours.
	(6) A certified lifeguard must be on duty when children are using a public or private (other than your own) swimming pool, lake, river, pond, or beach.	(6) A certified lifeguard must be on duty when children are using a public or private (other than your own) swimming pool, lake, river, pond, ocean or any other body of water used for swimming.
388-296-0770	(1) All pets, whether kept indoors or outside, must be in good health, show no evidence of disease and be nonaggressive.	(1) All pets that have access to children, whether kept indoors or outside, must be in good health, show no evidence of disease and be nonaggressive.
388-296-0810	(2) Store external medications separately from internal medications;	(2) Store external medications separately from internal medications for the child in care;
388-296-0850	(1)(a) Ensure the child has a completed, current, certificate of immunization status form (CIS) submitted and on file before the first day of child care;	(1)(a) Ensure the child has a completed, current, certificate of immunization status form (CIS) submitted on or before the first day of child care;
388-296-0860	(2) Staff with a reportable communicable disease in an infectious stage, as defined by the department of health, must not be on duty until they have approval from the local health department for returning to work.	(2) You, your staff and volunteers with a reportable communicable disease in an infectious stage, as defined by the department of health, must not be on duty until you, your staff and volunteers have approval from the local health department for returning to work.
	(3) Applicants for a license, all staff and persons sixteen years and older authorized to have access to children in a family home child care must have a tuberculin (TB) skin test by the Mantoux method of testing. They must have this skin test upon being employed or licensed unless the person has evidence:	(3) Applicants for a license, staff, volunteers and persons sixteen years and older authorized to have access to children in a family home child care must have a tuberculin (TB) skin test by the Mantoux method of testing. They must have this skin test upon being employed or licensed unless the person has evidence:
388-296-0870	Only you or another authorized, primary worker may perform the functions described in this section.	Only you or another, primary staff person may perform the functions described in this section.
	(3) You must not use any non-prescribed medication for the purpose of sedating a child;	(3) You must not administer any non-prescribed medication for the purpose of sedating a child;
	(4) You must not use medication in an amount or frequency other than that prescribed by a physician or psychiatrist;	(4) You must not administer any prescribed medication in an amount or frequency other than that prescribed by a physician, psychiatrist or dentist;
	(6) You must not use medication to control a child's behavior unless a physician prescribes the medication for management of the child's behavior.	(6) You must not use any prescribed medication to control a child's behavior unless a physician prescribes the medication for management of the child's behavior.
388-296-0880	(4)(c) How to store medications (proper temperature).	(4)(c) How to store the medications (proper temperature).
388-296-0900	The meals and snacks you prepare and serve must meet the requirements of the U.S. Department of Agriculture child and adult food program (the USDA program),	The meals and snacks you prepare and serve must meet the requirements of the U.S. Department of Agriculture child and adult food program,
388-296-0910	(a) Two or more snacks and one meal; and	(1)(a) Two or more snacks and one meal; or
	(7) The child in evening care must be offered breakfast in the morning.	(7) The child in overnight care must be offered breakfast in the morning if the child remains in the home after the child's usual breakfast time.
388-296-0920	(3)(a) You must accommodate any food preferences for personal, religious or medical reasons.	(3)(a) You must accommodate any food preferences for religious or medical reasons.
	(6)(b) Plastic eating utensils if they are not easily broken by young children and are discarded after use.	(6)(b) Disposable plastic eating utensils if they are not easily broken by young children and are discarded after use.
	(8) When deciding how often and how much food to serve a child you must consider the:	(8) Language has been deleted.
	(9) Child's age and developmental level;
	(10) Child's special needs; and
	(11) Hours of care on the premises.
388-296-0940	(2) Serve whole pasteurized milk to children twelve to twenty-four months of age;	(2) Serve whole pasteurized milk or breast milk to children twelve to twenty-four months of age;
	(3) Serve low fat or nonfat pasteurized milk to children over twenty-four months of age.	(3) Serve only pasteurized milk or pasteurized milk product to children over twenty-four months of age.
388-296-0960	What requirements must I meet for feeding babies? You must meet the following requirements for feeding babies:	What requirements must I meet for feeding infants? You must meet the following requirements for feeding infants
	(2) If the bottle has been sitting at room temperature for an hour or more, you must throw away the contents of any bottle not fully consumed.	(2) If the bottle has been sitting at room temperature for an hour or more, you must throw away the contents.
	(3) You must keep bottle nipples covered when not in use to reduce the risk of cross-contamination.	(3) You must keep bottle nipples covered when not in use.
	(6) Infants who are nine months of age or over, and wanting to hold their own bottles may be placed in a highchair if you, or a primary worker remain in the room, within eyesight.	(6) Infants who are nine months of age or over, who want to hold their own bottles may be placed in a highchair if you, or a primary staff person remain in the room, within eyesight.
	(9) You must not give a bottle or tippy cup to a prone child.	(9) You must not give a bottle or tippy cup to a child who is lying down.
	(10) To prevent uneven heating, you must not use a microwave oven to warm formula or breast milk in a bottle used for feeding.	(10) You must not use a microwave oven to warm formula or breast milk in a bottle used for feeding.
388-296-0970	(1) You must provide rooms that are the required size, and furnishings that are developmentally appropriate to the ages and number of children being served;	(1) You must use rooms that are the required size, and furnishings that are developmentally appropriate to the ages and number of children being served to actively engage in recreational and informal educational activities;
	(2) Its size and location must provide thirty-five square feet of useable play space per child for the number of children using it to actively engage in recreational and informal educational activities;	Subsection (2) has been deleted.
	(3) You must provide accessible storage space for each child in care to store their clothes and personal possessions; and	(3) You must have the required amount of space to store your equipment, supplies, records, files, cots, mats and bedding.
388-296-0980	(1)(a) A minimum of 60°F when children are sleeping or napping; and	(1)(a) A minimum of sixty degrees Fahrenheit when children are sleeping or napping;
	(2) Utilize electrical fans or an air conditioner to cool the house when the inside temperature reaches or exceeds 80° F.	(2) Utilize electrical fans or an air conditioner to cool the house when the inside temperature reaches or exceeds eighty degrees Fahrenheit.
	(3) Not use space heaters in your home during your operating hours.	(3) Deleted
388-296-0990	(2) Food contact surfaces must be free of cracks and crevices. Cracks on any surface can hold germs.	(2) Food contact surfaces must be free of cracks and crevices.
	(3) Range tops, ovens and refrigerators must be clean.	(3) Range tops, ovens and refrigerators must be kept clean.
388-296-1000	The best way to wash, rinse and sanitize dishes and eating utensils is to use a dishwasher. If a dishwasher is not available, you must use a combination of sink compartments or dishpans made of plastic or other nonporous material with the "three compartment method," which is:	You must use a dishwasher or the "three compartment method” which is a combination of sink compartments or dishpans made of plastic or other nonporous material:
388-296-1020	(1) The space you provide meets the required thirty-five square feet of useable play space for the number of children in care; and	(1) The space you provide meets the required thirty-five square feet of useable space for the number of children in care; and
	(2) The room's usage for one purpose does not interfere with usage of the room for another purpose.	(2) The room's use for one purpose does not interfere with use of the room for another purpose.
388-296-1030	(1) You or a primary staff must be on the same floor where children are playing, napping or sleeping in bedrooms (to meet the supervision requirement); and	(1) You or a primary staff person must be on the same floor where children are playing, napping or sleeping in bedrooms; and
	(2) Bedrooms must have at least one exit window that meets the fire safety requirements for an escape window that opens to the outside.	(2) Bedrooms must have at least one exit window that meets the fire safety requirements for an escape window.
388-296-1050	(1) You must provide a child under two years with a single-level crib (you must not use stacking cribs),	What are the requirements for the use of cribs? (1) You must provide a child under two years with a single-level crib,
	(5) Infants must not sleep in car seats, swings or other similar type equipment.	(5) Children must not sleep in car seats, swings or other similar equipment.
388-296-1060	What additional sleeping arrangements must I make to reduce the risk of sudden infant death syndrome (SIDS)	What sleeping arrangements must I make to reduce the risk of sudden infant death syndrome (SIDS)
	(3) Once infants are able to turn over, continue to place them on their back to sleep. You do not need to wake the infants to return them to their back while sleeping;	(2) Once infants are able to turn over, continue to place them on their back to sleep. If the infant has turned over while sleeping you do not need to return the infant to his or her back.
		(2) [(3)] Place the infant inside the crib, infant bed or playpen on a firm mattress with a tight fitting sheet;
	(5) You must make sure that the baby's head and face remain uncovered during sleep;	(5) You must make sure that the infant's head and face remain uncovered during sleep;
	(6) You must not allow smoking around the baby; and	(6) You must not allow smoking around the infant; and
	(7) You must not let the baby get too warm during sleep.	(7) You must not let the infant get too warm during sleep.
388-296-1070	(2) For each child in care who is two years and older, you must provide a pillow and pillowcase, blankets, and sheets.	(2) For each child in care who is two years and older, you must provide a pillow and pillowcase, blankets, and sheets. A slumber bag, designed for indoor use can substitute for a blanket and sheet.
	(5) If the child using the mattress is not potty trained, you must provide waterproof mattress covers or moisture resistant mattresses.	(5) If the child using the mattress is not toilet trained, you must provide waterproof mattress covers or moisture resistant mattresses.
388-296-1100	When bathing children, you and your staff must:	When bathing children, you or a primary staff person must:
388-296-1110	(6) You must provide a current phone number, at all times, to the parents or guardians of the children in your care and your licensor.	(6) You must provide your current phone number, at all times, to the parents or guardians of the children in your care and your licensor.
388-296-1120	(1) Locate light fixtures and provide lighting that promotes good visibility for the safety and comfort of children under your care; and	(1) Locate light fixtures and provide lighting that promotes good visibility for the safety and comfort of children in your care; and
	(2) Have non-hazardous light fixture covers or shatter resistant (or otherwise made safe) light bulbs or tubes for ceiling lights in the play space.	(2) Use non-hazardous light fixture covers or shatter resistant (or otherwise made safe) light bulbs or tubes for ceiling lights in the play space.
388-296-1130	(2) An operational mechanical exhaust fan to the outside must ventilate toilets and bathrooms that do not have windows opening to the outside.	(2) An operational mechanical exhaust fan to the outside must ventilate toilet rooms and bathrooms that do not have windows opening to the outside.
388-296-1160	(4) Ensure that laundry equipment is vented to the outdoors.	(4) Ensure that the clothes dryer is vented to the outdoors.
388-296-1170	What are the requirements for washing clothes? You must use an effective way to clean laundry contaminated with urine, feces, lice, scabies, or other potentially infectious materials at your family home child care.	What are the requirements for washing laundry used in child care? You must use an effective way to clean laundry contaminated with urine, feces, lice, scabies, or other potentially infectious materials.
388-296-1180	(1) The water must be kept at a temperature range of not less than 85° F and not more than one hundred and 20° F.	(1) The water must be kept at a temperature range of not less than eighty-five degrees Fahrenheit and not more than one-hundred-twenty degrees Fahrenheit.
388-296-1190	(3) A mounted toilet paper dispenser for each toilet.	(3) A mounted toilet paper dispenser and toilet paper for each toilet
388-296-1220	(3) Any fence or enclosure must be four feet high and designed to discourage climbing (chain link fencing is acceptable).	(3) Any fence or enclosure must be at least four feet high and designed to discourage climbing (chain link fencing is acceptable).
	(9) You must provide a fall zone of a minimum of six feet in all directions from stationary climbing equipment.	(9) You must provide a fall zone of a minimum of six feet in all directions from stationary climbing equipment. The fall zone must be free of objects that could harm a falling child on impact.
388-296-1250	(a) Staff-to-child ratio guidelines require a second staff person;	(b) Staff-to-child ratio guidelines require a second staff person (see WAC 388-296-1350(3));
	(3) The driver or owner of the vehicle must be covered under an automobile liability and insurance policy;	(4) The driver or owner of the vehicle must be covered under an automobile liability insurance policy;
	(7) You must have a first aid kit and the child's records in the vehicle; and	(7) You must have a first aid kit and a copy of the child's completed enrollment form in the vehicle; and
	(8) You must perform an attendance count of children when getting in and out of the vehicle to prevent accidentally leaving a child in the car.	(8) You must perform an attendance count of children when getting in and out of the vehicle to prevent accidentally leaving a child in the vehicle.
388-296-1270	(1) You must follow all state and federal laws regarding nondiscrimination under chapter 49.60 RCW, regarding nondiscrimination in employment practices and client services.	Language has been deleted.
	(2) You must prohibit discrimination because of:
	(a) Race;
	(b) Creed;
	(c) Color;
	(d) National origin;
	(e) Gender;
	(f) Family structure;
	(g) Sexual orientation;
	(h) Marital status;
	(i) Age; or
	(j) The presence of any sensory, mental, or physical disability or use of a trained guide dog or service animal by a disabled person.
388-296-1280	(2) This responsibility may not be delegated to a person under the age of eighteen years.	(2) This responsibility may only be delegated to a primary staff person.
388-296-1290	(1) You, your staff, volunteer, anyone residing in your home, or parents must not use any form of inappropriate discipline or corporal punishment such as, but not limited to:	(1) You, your staff, volunteer, anyone residing in your home or on the premises, or parents must not use any form of inappropriate discipline or corporal punishment such as, but not limited to
	(2) You must not use methods that interfere with a child's basic needs. These include, but are not limited to:	(2) You, your staff, volunteer, anyone residing in your home or on the premises, must not use methods that interfere with a child's basic needs.
388-296-1320	You must not use:	You, your staff, volunteer, anyone residing in your home or on the premises must not use:
388-296-1330	(c) Review any incident with the staff that used physical restraint to ensure that the decision to use physical restraint and its application were appropriate	(d) Review any incident of physical restraint to ensure that the decision to use physical restraint and its application were appropriate;
	(4) Obtain consultation from the licensor and public health nurse so that further use of restraint is eliminated.	(4) Obtain consultation from the licensor and public health nurse so that further use of restraint may be eliminated.
388-296-1340	(c) Any violations of the licensing or certification requirements	(1)(c) and (k) have been deleted.
	(k) Serious property damage that is a safety hazard and is not immediately corrected
	(1)(j) Any medication that is given incorrectly and requires off-site professional medical treatment;	(1)(i) Medication that is given incorrectly
	(2)(b) Unexpected health problems that do not require professional medical treatment;	(2)(b) Unexpected health problems;
	(d) Physical assaults, between two children, that resulted in injury;	(d) Physical assaults that resulted in injury;
388-296-1350	(2) All children under the age of twelve visiting the home count in capacity. Children attending with a parent do not count in capacity as long as the parent remains with and is responsible for the children; (not to exceed twelve children)	(2) All children under the age of twelve visiting the home count in capacity. Children attending with a parent or responsible adult do not count in capacity as long as the parent or adult remains with and is responsible for the children;
	(3) The required staff to child ratios in the following chart must be met at all times.	(3) The required staff to child ratios in the following chart must be met at all times.
	(d) Licensee with one year of licensed child care experience plus one primary staff person	(d) Licensee with one year of licensed child care experience plus one staff person or volunteer
		(f) or volunteer
	(4) You must ensure an assistant or primary worker is present in the licensed space of the child care facility when:	(4) You must ensure a staff person or volunteer is present in the licensed space of the child care facility when:
	(5) Our determination of capacity must include all children eleven years of age or younger on the premises.	(5) Our determination of capacity must include all children eleven years of age or younger on the premises. (Except as provided for in the above subsection (2).)
	(6) You must ensure that only you and a primary worker, eighteen years of age or older, has sole responsibility for the child in care.	(6) You must ensure that only you and/or a primary staff person, eighteen years of age or older, has sole responsibility for the child in care.
388-296-1360	(2) You must be within sight or hearing of the children in your care, both inside and outside, so that you are capable of intervening to protect the health and safety of the children.	(2) You, or a primary staff person, must be within sight or hearing of the children in your care, both inside and outside, so that you or a primary staff person are capable of intervening to protect the health and safety of the children.
	(3) Preschool age children and younger must be within sight and hearing of you or a primary worker when outside.	(4) Preschool age children and younger must be within sight and hearing of you or a primary staff person when outside.
	(6) Children must not be on a floor level of the home unless you or a primary worker is on the same floor level. When deciding how close to supervise, you must consider the following	(6) Children must not be on a floor level of the home unless you or a primary staff person is on the same floor level.
388-296-1390	You and your staff must	You, your staff and volunteers must
	(5) Sit with children during meals	(5) Sit with children during meals when possible
	(8) Perform nurturing activities including diapering, toileting, feeding, dressing and resting in consideration of the parent's own nurturing practices, when developmentally appropriate and would not constitute a violation of these regulations.	(8) Perform nurturing activities including diapering, toileting, feeding, dressing and resting taking into consideration the parent's own nurturing practices, when the practices are developmentally appropriate and when the practices would not constitute a violation of these regulations.
388-296-1400	(1) You are responsible for the overall management of your family home child care business.	(1) You are responsible for the overall management of your family home child care business.
	(2) You must ensure your family home child care business complies with the minimum licensing requirements contained in this chapter	(2) You must ensure your family home child care business complies with the minimum licensing requirements contained in this chapter.
388-296-1410	(1) You, a primary worker, assistant, volunteer, and other person associated with the operation of the home who has access to the child in care must:	(1) You, a primary staff person, assistant, volunteer, and other person associated with the operation of the business who has access to the child in care must:
	(a) Meet the same qualifications in WAC 388-296-0140; and	(a) Meet the qualifications in WAC 388-296-0140;
	(b) Not have committed or been convicted of child abuse or any crime involving physical harm to another person.	(b) Not have committed or been convicted of child abuse or any crime involving physical harm to another person; and
	Language not in proposal	(c) Not have been disqualified from working in a licensed child care setting or have had a license revoked.
	Language is not in proposal	(4) You and your staff must meet the following qualifications:
	(4) You and your staff must meet the following qualifications:	Primary child care staff must -- Basic twenty hour training to be completed within the first six months of employment.
	First Aid and CPR X	If counted in staff to child ratio
388-296-1420	(2) You must notify your licensor if you plan to be away from your business more than the majority of the time.	(2) You must notify your licensor and obtain advanced approval if you plan to be away from the child care business for more than the majority of the time the child care is in operation.
	(3) When you are absent from the home you must leave a qualified primary staff person in charge. This person must meet the same qualifications that we require of you.	(3) When you are absent from the child care business you must leave a qualified primary staff person in charge. This person must meet the same qualifications that we require of you.
	(4) Language is not in proposal.	(4) You may leave a qualified assistant eighteen years or older in charge of the child care business to allow for medical, dental and other necessary appointments for periods not to exceed two hours.
388-296-1440	(5) Keep your CPR and first aid training current;	(5) Ensure that staff and volunteers keep CPR and first aid training current if they are required to have it;
	(7) Keep this information in each employee's file or in a separate training file and be available to DCCEL upon request.	(7) Keep this information in staff files or in a separate training file and make this information available to DCCEL upon request.
388-296-1450	You, the primary worker, assistant, and volunteer must have on file at the home:	You, the primary staff, assistant, and volunteer must have on file at the home
	(1) An employment application, including work and education history (resume), which you obtained from the employee prior to their date of hire;	(1) An application, including work and education history (resume).
	(6) Documentation of basic and annual STARS training.	(6) Documentation of basic and annual STARS training when applicable.

     A final cost-benefit analysis is available by contacting Mary Oakden, Program Manager, DCCEL, P.O. Box 48470, Olympia, WA 98504-8470, phone (360) 725-4692, fax (360) 413-3482, e-mail OakdeMM@dshs.wa.gov.

     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 134, Amended 0, Repealed 70.

     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 134, Amended 0, Repealed 70.

     Date Adopted: August 25, 2004.

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     We are committed to ensuring that children who receive family home child care experience health, safety, and well-being. We want these children's experiences to benefit them not only in the short term, but also in the long term. Our licensing requirements reflect our commitment to children.

[]

     "Accessible to children" means areas of the facility and materials that children can easily get to on their own.

     "Age appropriate" means the developing stages of growth typical of children within a given age group.

     "American Indian child" means any unmarried person under the age of eighteen who is:

     (1) A member of or eligible for membership in a federally recognized Indian tribe, or who is Eskimo, Aleut or other Alaska Native and a member of an Alaskan native regional Corporation or Alaska Native Village;

     (2) Determined or eligible to be found to be Indian by the Secretary of the Interior, including through issuance of a certificate of degree of Indian blood;

     (3) Considered to be Indian by a federally recognized Indian tribe; or

     (4) A member or entitled to be a member of a Canadian tribe or band, Metis community, or nonstatus Indian community from Canada.

     "Anti-bias" is an approach that recognizes when others are treated unfairly or oppressively based on race, color, national origin, marital status, sexual orientation, gender, class, religion, creed, disability, or age.

     "Assistant" means a person fourteen years or older (whether a volunteer or an employee) who assists a licensed home provider in the operation of the family home child care and is not solely responsible for the supervision of children.

     "Capacity" means the highest number of children you can care for at any time, as written on your license.

     "Character, competence, and suitability assessment" means a determination of whether an applicant should be allowed access to vulnerable people if that applicant has a conviction record, pending charges and/or findings of abuse, neglect, exploitation or abandonment of a child or vulnerable adult and child protective services(CPS) adverse referral history.

     "Child" means a person who has not yet reached the age of twelve years.

     "Child care" means the developmentally appropriate care, protection and supervision of children that is designed to promote positive growth and educational experiences for children outside of their home for periods of less than twenty-four-hours a day.

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

     "Communicable disease" means an illness that can be spread from one person to another, in the child care setting, by either direct or indirect contact.

     "Conditions of the license" means what you must do to keep a license.

     "Confidentiality" means the protection of personal information, such as the child's records, from persons who are not authorized to see or hear it.

     "Corporal punishment" means the infliction of pain by any means for the purpose of punishment, correction, discipline, instruction or any other reason.

     "Cultural relevancy" means an environment in which the learning experiences, play materials and activities are meaningful, inclusive and respectful for the participating children, their families and the community at large.

     "Department," "we," "us," or "our" refers to and means the state department of social and health services (DSHS), including but not limited to the division of child care and early learning (DCCEL).

     "Department of health" means the state department of health.

     "Developmentally appropriate" means activities and interactions that recognize and address how children learn and what they can do at each stage of development - socially, emotionally, cognitively, and physically.

     "Discipline" means a process of guiding children to develop internal, positive social behaviors through methods that include consistent use of the following: Modeling appropriate behavior, positive reinforcement, active listening, limit setting, redirecting and modifying the environment.

     "Division" or "DCCEL" means the division of child care and early learning within the department of social and health services (DSHS).

     "Facility licensing compliance agreement" means a written notice of rule violations and the intention to initiate enforcement, including a corrective action plan.

     "Family home" 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.

     "Family home child care" means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider.

     "Family home child care provider" means a person who provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-four hours.

     "I," "you," and "your" refer to and mean the licensee or applicant for a child care license.

     "Inaccessible to children" means areas kept or items stored in a manner that makes it impossible for children to reach, enter, or use potentially hazardous items or areas. Examples of how this can be accomplished are through the use of locks, gates, or other means that are effective to prevent access by the children in your care.

     "Infant" means a child birth through eleven months of age.

     "License" means an official document that certifies you have been granted permission by the department to operate a family home child care in compliance with the rules.

     "Licensed space," means the indoor and outdoor space approved by the department as useable space where children in care may be present.

     "Licensee" means the person or persons named on the license as having been issued the license and who are responsible for maintaining compliance with the regulations.

     "Licensor" means the person with authority to grant licenses.

     "Parent" means a child's parent or legal guardian.

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

     "Preschool age child" means a child thirty months through five years of age not attending kindergarten or elementary school.

     "Primary staff person" means a person who has been approved by the department, age eighteen years or older, who has responsibilities for the operation of the program and the direct supervision, behavior management and care of children.

     "Provider" means the same as licensee.

     "Repeatedly" means a violation of a licensing regulation that is written on a facility licensing compliance agreement that occurs more than once during a twelve-month time frame.

     "Reportable communicable disease" means an illness that can be spread from one person to another by either direct or indirect contact, and is of the type that is required by law to be reported to the department of health. Examples include Hepatitis, measles, smallpox, and tuberculosis.

     "Revocation" means the formal act of closing your child care business and taking your license from you due to your failure to follow the rules.

     "Sanitize" means a surface must be clean and the number of germs reduced to a level where disease transmissions by that surface are unlikely.

     "Staff" means a child care giver or group of child care givers employed by the licensee to assist with or supervise children served at the family home child care.

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

     "Summary suspension" means the formal act of immediately stopping your license for a certain time because the health, safety or well being of a child is at risk.

     "Supervision of children," means the knowledge of and responsibility for the activity and whereabouts of each child in care and assuring immediate intervention of staff to safeguard a child from harm.

     "Terms of the license" means the address, number and ages of children, and the beginning and ending dates listed on the license issued by the department.

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

     "Unsupervised access" means not in the absence of the licensed child care provider or primary staff person. (Anyone sixteen years or older who lives at the same address as the provider must pass a complete criminal history background check.)

     "Useable space" means the space actually available for children to engage in developmentally appropriate activities, that has been inspected and approved by the department for providing child care.

     "Weapons" means an instrument or device of any kind that is designed to be used to inflict harm on another person. For example, BB guns, pellet guns, air rifles, stun guns, antique guns, bows and arrows, handguns, rifles, shotguns, knives.

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     (2) The person claiming an exemption must provide the department proof of the right to the exemption if we request it.

     (3) We must not license a home that is legally exempt from licensing. However, at the applicant's request, we must investigate and may certify the home as meeting licensing and other requirements. We must apply the same requirements and procedures for certification that we apply for licensure.

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

     (a) Licensed by an Indian tribe; or

     (b) Certified by the Federal Department of Defense. The home must be licensed or certified in accordance with national or state standards or standards approved by us and be operated on the premises over which the entity licensing or certifying the home has jurisdiction.

     (5) The individuals and agencies wanting to care for children whose child care is paid for by the state child care subsidy program must:

     (a) Be licensed or certified;

     (b) Follow billing policies and procedures in Child Care Subsidies, A Booklet for Licensed and Certified Providers, DSHS 22-877(X); and

     (c) Bill the department at the person's or organization's customary rate or the DSHS rate, whichever is less. (See WAC 388-290-0190 (2) and (3) for exceptions.

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     (1) You receive payment for services you did not provide;

     (2) You do not have attendance records that support the billing. Only attendance records meeting WAC requirements will be accepted for attendance verification;

     (3) We pay you more than you are eligible to bill;

     (4) You receive payment from us and you are not eligible based on WAC 388-290-0125; or

     (5) You receive payment for caring for children outside your licensed allowable age range and you do not have a waiver for that purpose.

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     (a) License;

     (b) Certification;

     (c) Primary staff position; or

     (d) Assistant and volunteer position.

     (2) These characteristics are:

     (a) An understanding of how children develop socially, emotionally, physically, and intellectually;

     (b) The ability to plan and provide care for children that is based on an understanding of each child's interests, life experiences, strengths, and needs;

     (c) The physical ability to respond immediately to the health, safety and emotional well being of a child;

     (d) Reliability and dependability;

     (e) Truthfulness;

     (f) A disposition that is respectful of a child's need for caring attention from a care giver; and

     (g) Ethical business practices with clients, staff, the department and the community.

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     (a) Substance and alcohol abuse evaluations and documentation of treatment;

     (b) Psychiatric and psychological evaluations;

     (c) Psycho-sexual evaluations; and

     (d) Medical evaluations.

     (2) If any evaluation we require has a cost, the individual required to have the evaluation is responsible to pay for it.

     (3) The individual having the evaluation must sign a release of information prior to having the evaluation, to allow us to communicate with the person doing the evaluation.

     (4) If the individual refuses to follow any of these rules, we may deny the application or revoke the license.

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     (a) Attend an orientation provided by DCCEL;

     (b) Complete and submit a signed application form, DSHS 10-204 to DCCEL, including the following attachments:

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

     (ii) A photocopy of your Social Security card that is valid for employment or verification of your employer identification number (EIN);

     (iii) An employment and education resume for you, primary staff, assistants and volunteers; and

     (iv) Three references for you from people unrelated to you.

     (2) You must submit to DCCEL these additional documents either with your application or within sixty days of submitting your application:

     (a) Documentation of current infant, child and adult CPR and standard first aid training for you, any staff, or volunteer who will be counted in staff/child ratios;

     (b) Documentation of a negative Mantoux tuberculin (TB) test in the twelve months prior to starting work for you, staff, volunteers and members of the household sixteen years or older;

     (c) Documentation of HIV/AIDS training and the availability of blood borne pathogens information for you, staff and volunteers who have child care responsibility;

     (d) Documentation of the local health authority or state department of health approval of your private water supply and independent sewage system, if applicable;

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

     (f) Any additional reports or information pertaining to your ability to follow the WACs regarding you, staff, volunteers, members of your household or any other person having access to the child in care if your licensor requests it.

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     (a) You;

     (b) Members of your household sixteen years and older;

     (c) Staff;

     (d) Volunteers; and

     (e) Other persons living at the same address as you.

     (2) When you plan to have new staff or volunteers, you must require each person to complete and submit to you by the date of hire a criminal history and background check form:

     (a) You must submit this form to the BCCU for the employee and volunteer, within seven calendar days of the employee's or volunteer's first day of work, permitting a criminal and background history check.

     (b) The employee and volunteer must not have unsupervised access to the children in care until they have been cleared by a full background check.

     (c) We must discuss the result of the criminal history and background check information with you, when applicable.

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     (1) Compare the background information with convictions/actions posted on the DSHS secretary's list of disqualifying convictions/actions for economic services administration (ESA). The complete list can be found at http://www1.dshs.wa.gov/esa/dccel/pdf/Crime)and)Backg_Chex.pdf.

     (2) Review the background information using the following rules:

     (a) A pending charge for a crime is given the same weight as a conviction;

     (b) If the conviction has been renamed it is given the same weight as the previous named conviction. For example, larceny is now called theft;

     (c) Convictions whose titles are preceded with the word "attempted" are given the same weight as those titles without the word "attempted"; and

     (d) The crime will not be considered a conviction for the purposes of the department when it has been pardoned or a court of law acts to expunge, dismiss, or vacate the conviction record.

     (3) Conduct a character, competence and suitability assessment of you, your family members, staff, volunteer or any one else living at the same address as you if an individual is not automatically disqualified by a conviction record, pending charges and/or findings of abuse, neglect, exploitation or abandonment of a child or vulnerable adult.

     (4) Notify you whether or not we are able to approve you, family members residing with you, staff, volunteer or anyone else living at the same address as you to have access to children in a licensed facility.

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     (2) If you have a background containing any of the convictions posted on the DSHS secretary's list of nonpermanent disqualifying convictions for ESA, you are disqualified from providing licensed child care for five years after the conviction date.

     (3) You can be disqualified from providing licensed child care if you have a background containing information other than conviction information that we determine:

     (a) Makes you not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or

     (b) Puts the household at risk for harm.

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     (2) If a family member, staff person, volunteer or other person living at the same address as you has a background containing any of the convictions/actions posted on the DSHS secretary's list of nonpermanent disqualifying convictions/actions for ESA, they are disqualified from having access to children in a family home child care for five years after the conviction date.

     (3) A family member staff person volunteer, or other person living at the same address as you can be disqualified from having access to children in a family home child care if they have a background containing information other than conviction information that we determine:

     (a) Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care, provided that the individual is responsible for the care of children; or

     (b) Puts the house hold at risk for harm.

     (4) The department notifies a staff person if they have been disqualified from having access to children in a family home child care. The disqualified staff person has a right to a hearing to contest the department's disqualification action pursuant to WAC 388-06-0240.

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     (a) Infant, child and adult CPR; and

     (b) Basic standard first aid.

     (2) You must keep records on the premises and available to the department on request, showing who has completed current CPR and first aid training. This includes copies of the certificate of completion for the training for each person responsible for the care of children.

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     (2) You must have a blood borne pathogen plan that includes;

     (a) A list of caregivers who may be exposed to blood borne pathogens;

     (b) A plan which addresses how to clean up body fluid spills, including blood, feces, nasal and eye discharge, saliva, urine and vomit.

     (c) Document a plan addressing hand washing, use of gloves, proper disinfection of contaminated items and disposal of waste materials.

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     (2) If you don't meet this deadline and have not contacted your licensor, we consider your application withdrawn.

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     (2) We send a relicensing packet one hundred twenty days before the expiration of your license.

     (3) You must send the completed application form to your licensor at least ninety days before your current license expires.

     (4) We close your license if it expires and we have not received a renewal application.

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     (2) If you have submitted an application for the new address prior to moving, we allow you to operate at your new address for up to two weeks. If you are unable to meet the health and safety requirements at your new address within the two week period, you must stop operating the child care business until you become licensed at the new address (per RCW 74.15.100).

     (3) If you move and do not tell us, your license becomes invalid on the date of your move.

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     (a) Care of the other client category does not interfere with the quality of child care provided; and

     (b) The most stringent capacity limitations are maintained.

     (2) Dual licenses are subject to our approval.

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     (2) If you provide nighttime care you or a qualified primary staff person must be awake when children are dropped off and picked up at your home.

     (3) A child may remain in care a maximum of ten hours each day. If needed, you may extend the time based on the parent's typical work schedule and travel from and to the child care.

     (4) If you provide nighttime care you must adapt the activities, routines and equipment to meet the physical and emotional needs of the child away from home at night. These must include:

     (a) Arrangements made for bathing as needed;

     (b) Standard night wear and individual toiletry items for each child;

     (c) The required beds and bedding (WAC 388-296-1070);

     (d) Separate dressing and sleeping areas for boys and girls ages four years and older and for other children demonstrating a need for privacy;

     (e) Maintain staff to child ratios during sleeping hours;

     (f) A plan approved by the licensor describing how you will ensure the physical safety and emotional well-being of children during sleeping hours.

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     (1) The health and safety of young children; and

     (2) The social, emotional, physical and cognitive needs of young children.

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     (a) Physical environment in the home;

     (b) The number of approved staff available for providing care;

     (c) Your education and licensed child care experience and the skills of your staff and volunteers;

     (d) Ages, characteristics and needs of the children served;

     (e) The number and ages of your own children and other children residing in the home eleven years of age and under; and

     (f) The supply of developmentally appropriate toys and equipment for the ages and stages of children you care for.

     (2) Based on these factors, we may license you for the care of fewer children than your family home child care could house.

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     (1) Initial (see WAC 388-296-0340);

     (2) Full (see WAC 388-296-0350); and

     (3) Probationary (see WAC 388-296-0440).

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     (a) Cannot demonstrate compliance with the rules pertaining to:

     (i) Supervision;

     (ii) Capacity;

     (iii) Behavior management;

     (iv) Activity and routines; and

     (v) Child records and information.

     (b) Can provide a plan that is acceptable to us, to comply with rules found in subsection (1)(a) of this section.

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

     (3) We must evaluate your ability to follow all the rules contained in this chapter during the initial licensing period prior to issuing a full license.

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     (2) We must not issue a full license to you if you do not demonstrate the ability to comply with all rules contained in this chapter during the period you have an initial license.

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     (a) A description of the violation and rule that was broken;

     (b) A statement of what is required to comply with the rules;

     (c) The date by which we require compliance; and

     (d) The maximum financial penalty (civil fine) that you must pay if you do not comply with the rules by the required date.

     (2) We may fine you seventy-five dollars a day for each violation of the licensing rules.

     (3) We may assess and collect the penalty with interest for each day you fail to follow the rules.

     (4) We may impose a civil penalty in addition to other adverse actions against your license including probation, suspension and revocation.

     (5) We may, but are not required to, withdraw the fine if you come into compliance during the notification period.

     (6) If we assess a civil penalty you have the right to an adjudicative proceeding as governed by RCW 43.20A.215 and chapter 388-02 WAC.

     (7) If you do not request an adjudicative proceeding you must pay the civil fine within twenty-eight days after you receive the notice.

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     (1) You are required, with technical assistance from your licensor if you request it, to write a corrective action plan stating:

     (a) How you plan to correct the violations; and

     (b) When the violations will be corrected.

     (2) You must:

     (a) Sign the agreement;

     (b) Return a copy of the completed agreement to us; and

     (c) Comply with the agreement.

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     (1) The seriousness of the violation;

     (2) The potential threat to the health, safety and well being of children in care; and

     (3) The number of times you have failed to follow the rules.

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     (1) You have allowed the existence of any condition that creates a serious safety or health risk;

     (2) You or any person uses corporal punishment, or humiliating methods of control or discipline;

     (3) You or any primary staff person fail to provide the required supervision;

     (4) You fail to provide required light, ventilation, sanitation, food, water or heating;

     (5) You provide care for more than the highest number of children permitted by the license; or

     (6) You repeatedly fail to follow the rules. (Any repeat violation that has been the subject of a corrective action notification under WAC 388-296-0360.)

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     (2) You must keep the notice posted until we receive payment.

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     (1) Why we think you are providing unlicensed child care;

     (2) The law that prohibits unlicensed child care;

     (3) That you must stop providing child care until you get a license;

     (4) How to contact DCCEL;

     (5) How to apply for a license;

     (6) That the fine may be lifted if you apply for a license;

     (7) Your right to an adjudicated proceeding if we assess a monetary penalty; and

     (8) How you can ask for an adjudicative proceeding.

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     (2) We must base our decision about whether to issue a probationary license on the following:

     (a) Intentional or negligent noncompliance with the licensing rules;

     (b) A history of noncompliance with the rules;

     (c) Current noncompliance with the rules; and

     (d) Any other factors relevant to the specific situation.

     (3) When we issue you a probationary license you must give notification of your probationary license status to:

     (a) The parents or guardians of all children in your care, within five working days of receiving notification from us; and

     (b) New applicants for child care, before enrolling new children.

     (4) The notification must be in writing and must be approved by us prior to being sent.

     (5) Within ten working days of receiving notification of the probationary license, you must provide documentation to us that parents or guardians of all children in your care have been notified.

     (6) We may issue a probationary license for up to six months. We may extend the probationary license for an additional six months.

     (7) You must return your full license to us.

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

     (a) Have been disqualified by your background check (see DSHS secretary's list of disqualifying convictions for ESA at http://www1.dshs.wa.gov/esa/dccel/pdf/Crime_and_Backg_Chex.pdf);

     (b) Have been found to have committed or have allowed others to commit child abuse, child neglect or exploitation, or you or others you supervise treat, permit or assist in treating children in your care with cruelty, or indifference;

     (c) Fail to report instances of alleged child abuse, child neglect and exploitation to children's administration intake or law enforcement when an allegation of abuse, neglect or exploitation is reported to you;

     (d) Or anyone residing at the same address as you had a license denied or revoked by an agency that provided care to children or vulnerable adults;

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

     (f) Commit, permit or assist in an illegal act at the address of your child care business;

     (g) Use illegal drugs, or excessively use alcohol or abuse prescription drugs;

     (h) Knowingly allow employees or volunteers with false statements on their applications to work at your facility;

     (i) Repeatedly lack the required number of qualified staff to care for the number and types of children under your care;

     (j) Repeatedly fail to provide the required level of supervision for a child in care;

     (k) Repeatedly care for more children than your license allows;

     (l) Refuse to allow our authorized staff and inspectors requested information or access to your licensed space and premises, child and program files, or staff and children in care; or

     (m) Are unable to manage the property, fiscal responsibilities, or staff in your facility.

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     (2) Repeatedly fail to comply with the licensing requirements set forth in this chapter or any provision of chapter 74.15 RCW.

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     (2) In the letter we also inform you what you may do if you disagree with the decision to deny, suspend or revoke your license.

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     (2) Your right to appeal and the procedures for that process are outlined in RCW 43.20A.205 and 74.15.130, chapter 34.05 RCW and chapter 388-02 WAC.

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     (a) Keeping child records current;

     (b) Routine communication with parents about their child's activities;

     (c) Expectations of primary staff, assistants and volunteers;

     (d) Emergency procedures including staffing emergencies, evacuation plans, sick or injured children and medical emergencies;

     (e) Off-site activities;

     (f) Confidentiality; and

     (g) All other policies and procedures that you will follow in your child care business.

     (2) You must train your staff and volunteers and have available to them the program's philosophy and all written procedures listed in subsection (1) of this section.

     (3) You must review all written policies and procedures and revise them when they no longer describe your current practice.

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     (1) Enrollment and admission requirements;

     (2) The fee and payment plan;

     (3) A typical daily schedule, including hours of operation;

     (4) Typical meals and snacks served, including guidelines on food brought from the child's home;

     (5) Permission for free access by the child's parent or guardian to all home areas used by the child, the child's records, and the staff during your operating hours;

     (6) Child abuse, neglect and exploitation reporting requirements;

     (7) Child guidance and discipline;

     (8) Requirements for maintaining accurate and up to date certificate of immunization status (CIS) records;

     (9) No smoking policy;

     (10) Policy regarding pets;

     (11) Sign-in and sign-out procedures;

     (12) Infant sleeping safety requirements to reduce the risk of Sudden Infant Death Syndrome (SIDS);

     (13) Nondiscrimination statement;

     (14) Religious activities, if any;

     (15) Transportation and field trip arrangements;

     (16) Typical staffing plan when you are absent;

     (17) Health care practices, including but not limited to information about the home's general health practices concerning:

     (a) Injury prevention;

     (b) Medication management;

     (c) First aid, including medical emergencies;

     (d) Plan for excluding persons whose presence on the premises is prohibited by regulations;

     (e) Practices concerning an ill child;

     (f) Communicable disease prevention, management and reporting;

     (18) Disaster plan; and

     (19) Supplies and clothing to be provided by the parents.

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     (1) A completed child's enrollment form that is signed and dated by the parent;

     (2) Child's complete name, birth date and date admitted;

     (3) Full name of parents, home and daytime telephone numbers and address;

     (4) Name, address and home and daytime telephone numbers of two persons to contact in an emergency if the parent cannot be reached;

     (5) Name, address, home and daytime telephone numbers of persons, if any, authorized to sign-in and sign-out the child;

     (6) Name and telephone numbers of child's health care provider and dentist;

     (7) Description of child's health history, date of the child's last physical exam, current medications, allergies, special dietary requirements and other identified special needs;

     (8) Signed permission by parent to authorize emergency medical and dental care and associated transportation; and

     (9) Completed immunization form listing types and dates of immunizations.

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     (2) When the school age child arrives at or leaves the child care home due to school or off-site activities as authorized by the parent, you or your staff must sign out the child, and sign in the child on return to the home.

     (3) Daily attendance records, listing the dates and hours of attendance of each child must be kept up-to-date and maintained in the licensed space of the family home child care for five years.

     (4) When a child is no longer enrolled, the date of the child's withdrawal must be recorded in the child's file. You must maintain the child's file for at least five years from the child's last date of attendance. After five years the file may be destroyed or returned to the parent. The child's file must be made available for review by the child's parents and us during this period.

     (5) You must call and report, within twenty-four hours to:

     (a) Children's administration intake an incident or injury that required the services of a medical professional, including a dentist, that occurred while the child was in attendance.

     (b) DCCEL and to animal control any incident where a child is bitten by an animal while in attendance.

     (c) DCCEL any fire on your premises that required the use of a fire extinguisher or the services of a fire department.

     (6) You must submit a written incident report to the child's parent and to your licensor within two working days of the same incident or injury as described in subsection (3) of this section.

     (7) You must acquire written parental permission for field trips. You must notify parents in advance when you plan to use vehicles to transport children. Parents may grant general authorization for walking field trips.

     (8) You must maintain all records and reports required by these regulations in an up-to-date manner at the facility. The records and reports are subject to inspection and you must allow us access to them at the time we request them.

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     (1) The home's child care license issued under this chapter;

     (2) Evacuation plans and procedures, that include a written record of the required monthly fire drills and smoke detector checks;

     (3) Emergency telephone numbers;

     (4) Any civil penalty imposed; and

     (5) You must post a notification advising parents that you are required to keep the following licensing information available on site for their review:

     (a) Copies of the most recent family home child care checklist for licensing renewal and facility licensing compliance agreement for any deficiencies noted; and

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

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     (a) Planned use of space not previously approved by us; and

     (b) Plans for remodeling the home.

     (2) You must also report any of the following changes to your licensor within twenty-four hours:

     (a) The number and qualifications of you, your staff and volunteers that may affect the ability to carry out the specified activities and routines of the family home child care or meet the requirements of the WAC, such as a change in a person's criminal history;

     (b) A marriage, separation or divorce;

     (c) Persons moving in or out of the household;

     (d) Your phone number;

     (e) Occurrence of a fire, structural change, or damage to the premises from any cause; and

     (f) The serious illness or incapacity of you and any other member of your household.

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     (2) If a portion of the home is used for purposes that could pose a hazard such as an automotive repair shop, cabinet or furniture making or refinishing or similar use, a firewall is required between the dwelling and the other use.

     (3) One exit door from a family home child care must be of the pivoted or side hinged swinging type. You may use approved sliding doors for other exits.

     (4) Each floor level used for family home child care purposes must have two exits, usually located at opposite ends of the building or floor.

     (5) You must not use basements located more than four feet below grade level for family home child care purposes unless one of the following conditions exists:

     (a) Two exit stairways from the basement open directly to the exterior of the building without entering the first floor;

     (b) One of the two required exits opens directly to the exterior from the basement level and the other exit is an interior stairway with a self-closing door installed at the top or bottom leading to the floor above;

     (c) One of the two required exits is a working window or door, approved for emergency escape or rescue, that opens directly to a public street, public alley, yard or exit court, and the other may be an approved interior or exterior stairway; or

     (d) A residential sprinkler system is provided throughout the entire home in accordance with standards of the National Fire Protection Association.

     (6) Except as permitted in subsection (7) below, you must ensure that any floor located more than four feet above grade level is not occupied by children for family home child care purposes except for the use of toilet facilities while under supervision of a staff person.

     (7) Family home child care is allowed on the second story if one of the following conditions exists:

     (a) Two exit stairways from the second story open directly to the exterior of the building without entering the first floor;

     (b) One exit opens directly to the exterior from the second story level, and a second interior stairway with a self-closing door installed at the top or bottom of the interior stair leading to the floor below; or

     (c) A residential sprinkler system is provided throughout the entire building in accordance with standards of the National Fire Protection Association.

     (8) The maximum distance from any point in the home to an exterior exit door must not exceed one hundred fifty feet.

     (9) Every room used for child care (except bathrooms) must have:

     (a) At least one working window or door approved for emergency escape or rescue that opens directly into a public street, public alley, yard or exit court. The units must work from the inside to provide a full clear opening without the use of separate tools.

     (b) The net clear open area of an escape or rescue window must be a minimum of 5.7 square feet. The net clear open height dimension must be a minimum of twenty-four inches. The net clear open width dimension must be a minimum of twenty inches.

     (10) An escape or rescue window must have:

     (a) A finished sill height of not more than forty-four inches above the floor;

     (b) Doors leading to two separate exit ways; or

     (c) A door leading directly to the exterior of the building.

     (11) You may use a stationary platform under a window to attain the required forty-four inches above the floor.

     (12) Exit doors must be easy to open to the full open position.

     (13) Exit doors and windows must be of the type that can be opened from the inside without having to use a key. You must not use during child care hours:

     (a) Night latches;

     (b) Deadbolts;

     (c) Security chains; or

     (d) Manually operated edge or surface mounted flush bolts and surface bolts.

     (14) The locking arrangement on outside exit doors must automatically unlock when the doorknob is turned from the inside.

     (15) You must ensure that obstructions are not placed in corridors, aisles, doorways, doors, stairways or ramps.

     (16) You must not use for child care purposes any space that is accessible only by ladder, folding stairs or trap doors.

     (17) Every bathroom door lock must be designed to permit the opening of the locked door from the outside in an emergency. The opening device must be readily accessible to the staff.

     (18) Every closet door latch must be the type that children can open the door from inside the closet.

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     (1) Kitchen;

     (2) Boiler;

     (3) Maintenance shop;

     (4) Janitor closet;

     (5) Laundry;

     (6) Woodworking shop;

     (7) Flammable or combustible storage;

     (8) Painting operation; or

     (9) Parking garage.

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     (2) If your home has more than one story or a basement, you must install a smoke detector on each story and in the basement.

     (3) If a story or basement is split into two or more levels, you must install the smoke detector in the upper level, except that when the lower level contains a sleeping or napping area, you must locate a smoke detector on each level.

     (4) When sleeping or napping rooms are on an upper level, you must place the smoke detector on the ceiling of the upper level in close proximity to the stairway and in each sleeping or napping room.

     (5) If the ceiling height of a room open to the hallway serving sleeping or napping rooms exceeds that of the hallway by twenty-four inches or more, you must install smoke detectors in both the hallway and the sleeping or napping room.

     (6) Smoke detectors must sound an alarm audible in all areas of the building.

     (7) In new construction, required smoke detectors must receive their primary power from the building wiring when the wiring is served from a commercial source. Wiring must be permanent and without a disconnecting switch other than those required for over current protection.

     (8) Smoke detectors may be battery operated when installed in existing buildings or buildings without commercial power.

     (9) Where battery operated smoke detectors are installed, you must keep on the premises at least one extra battery of the type and size specified for the battery operated smoke detector.

     (10) You must test single station smoke detectors at monthly intervals or in a manner specified by the manufacturer. You must keep a record of the testing on the premises.

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     (2) Fire extinguishers must be operationally ready for use at all times.

     (3) You must keep fire extinguishers on a shelf or mounted in the bracket provided for this purpose so that the top of the extinguisher is not more than five feet above the floor.

     (4) You must ensure and have written documentation that fire extinguishers receive annual maintenance certification by a firm specializing in and licensed to do that type of work. Maintenance means a thorough check of the extinguisher to include examination of:

     (a) Mechanical parts;

     (b) Extinguishing agent; and

     (c) Expelling means.

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     (2) You must keep furnace rooms free of lint, grease and rubbish accumulations and other combustibles and suitably isolated, enclosed or protected.

     (3) You must store flammable or combustible materials away from exits and in areas that are not accessible to children. You must not allow combustible rubbish to accumulate, so you must remove it from the building or store it in closed, metal containers.

     (4) You must keep all areas used for child care clean and neat, making sure that all waste generated daily is removed from the building and disposed of in a safe manner outside the building. All containers used for the disposal of waste material must be of noncombustible materials with tops. You must keep electrical motors dust-free.

     (5) You must not leave on open-flame devices capable of igniting clothing, or leave them unattended or allowed to be used in a way that could result in an accidental ignition of children's clothing. You must not use, or allow the use of candles during operating hours.

     (6) You must keep a working flashlight available for use as an emergency power source.

     (7) You must properly maintain all electrical circuits, devices and appliances. Circuits must not be overloaded. You must not use extension cords and multi-plug adapters in place of permanent wiring and proper receptacles.

     (8) You must not use portable space heaters of any kind in any area of the child care home or building during child care hours.

     (9) Approved numbers or addresses must be placed on all new and existing homes and in the driveway to the house when the house is not visible from the road. You must place the numbers or address in a position where it is plainly visible and legible from the street or road fronting the property. To be more visible, the numbers must contrast with their background.

     (10) If you have fireplaces, woodstoves or similar devices, the local building official must approve them and any connections. Where open flames or hot surfaces are accessible, you must erect approved barriers to prevent children from coming in contact with the open flames or hot surfaces.

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     (1) Action to be taken:

     (a) By the person discovering a fire;

     (b) For evacuation of the building and assuring accountability of the children; and

     (c) Pending arrival of the fire department.

     (2) Method to be used for sounding an alarm on the premises.

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     (1) Conduct a fire evacuation drill for each shift of operation at least once each month;

     (2) Maintain and post in the licensed area of your home:

     (a) The fire safety record including date and time of fire drills; and

     (b) Your evacuation plan.

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     (1) Operating the fire extinguisher installed on the premises;

     (2) Testing smoke detectors (single station types); and

     (3) Conducting frequent inspections of the home to identify fire hazards and take action to correct any hazards discovered during the inspection.

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     (1) Toileting or assisting children with toileting;

     (2) Diapering a child;

     (3) Using the bathroom;

     (4) Attending to an ill child;

     (5) Before and after preparing, serving, or eating food;

     (6) Before and after giving medications;

     (7) Handling, feeding or cleaning up after animals;

     (8) Handling bodily fluids;

     (9) Being outdoors or involved in outdoor play; and

     (10) As needed.

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     (1) Using the toilet;

     (2) The child is diapered;

     (3) Outdoor play;

     (4) Playing with animals;

     (5) Touching body fluids (such as blood or after nose blowing or sneezing);

     (6) Before and after the child eats or participates in food activities; and

     (7) As needed.

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     (1) Maintain your home or building that includes the child care space and all child care equipment in a clean and sanitary condition, free of hazards, and in good repair;

     (2) Have stairways, steps and walkways that are well lit. Stairways must be equipped with securely mounted handrails within the reach of young children;

     (3) Have gates or other physical barriers, that prevent infants and toddlers from accessing stairways;

     (4) Have emergency lighting devices, such as a flashlight, available and in good working condition;

     (5) Provide furnishings in the licensed space of your child care that are safe, comfortable and match the developmental levels of all of the children in the home to include the size of the child, their abilities and activities;

     (6) Have furniture, equipment and climbing structures that are clean, sturdy, without sharp edges and do not present hazards. Bookcases and other shelving units must not present a tipping or falling hazard;

     (7) Have washable, water-resistant floors in your bathrooms, kitchens, and any other rooms exposed to moisture (this applies to anyone newly licensed on or after the date this rule takes effect);

     (8) Provide nonremoveable electrical outlet covers to all outlets accessible to children if you care for children five years and younger or other persons with limited mental capacity or who might be endangered by access to electrical outlets;

     (9) Have an unlocking device readily accessible to you and your staff for closet and bathroom doors that can be locked. You must not use a locking or fastening device on the outside of the door, that would prevent free escape;

     (10) Ensure that toys for infants and toddlers (or children at those developmental levels) are large enough to prevent swallowing or choking. Examples of some of the types of small objects that should be kept off the floor are:

     (a) Pins of any type;

     (b) Coins;

     (c) Balloons; and

     (d) Any small toys that are smaller than one and three-fourth inches in diameter.

     (11)Ensure that all art and play materials, for children under the age of three, are nontoxic;

     (12)Not have plastic bags, styrofoam objects and vinyl or latex gloves accessible to children under three years of age;

     (13) Prevent entrapment by ensuring there are no openings on indoor and outdoor climbers and platforms between three and one-half inches and nine inches;

     (14) Securely anchor to the ground climbing equipment and swings that have provisions for anchors. The play area must be arranged so children playing on one piece of equipment do not interfere with children playing on another piece of equipment;

     (15) Ensure that chains on swings have protective coverings and that swing seats are made of soft material with no sharp edges;

     (16) Ensure that tricycles and bicycles with chains have chain guards, and that children on bicycles, roller blades, skateboards, or scooters wear helmets;

     (17) Not use wheeled baby walkers; and

     (18) Not allow trampolines and rebounders in your licensed space.

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     (2) The safety of the children in care is essential. You must discuss with your licensor any potential hazardous conditions, considering the children's ages, behaviors, and abilities.

     (3) If we decide that hazardous conditions are present at the home location you must write a supervision plan for the children in care.

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     (2) Your address must be clearly visible on your house or mailbox.

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     (2) You must empty and sanitize portable wading pools daily, and as needed when in use.

     (3) You or a qualified primary staff person must directly supervise all children in your care when they have access to wading pools, swimming pools and other bodies of water that are in your licensed space.

     (4) You must lock hot tubs and spas, and not use these during your operating hours.

     (5) You must place a five-foot fence, designed to discourage climbing, and have a locked gate around a pool of water. This includes swimming pools that are above or below ground level and ornamental pools. Bodies of water hazardous to young children must be inaccessible to children when you or a primary staff person are not providing direct supervision during your operating hours.

     (6) A certified lifeguard must be on duty when children are using a public or private (other than your own) swimming pool, lake, river, pond, ocean or any other body of water used for swimming.

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     (2) You must notify parents, guardians and any other interested party forty-eight hours in advance of the application of pesticides.

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     (2) Dogs and cats must have the required immunizations.

     (3) You must dispose of all pet waste daily and keep litter boxes inaccessible to children at all times.

     (4) You must have an area separate from the outdoor play space for pets to relieve themselves.

     (5) Staff must always be present when children play with pets.

     (6) If you have a pet, tell parents before enrolling the child. Some children have allergies that require the parent to make other child care arrangements.

     (7) Children and staff must wash their hands after handling pets or pet items.

     (8) Reptiles can carry salmonella. If reptiles are present, you must have safeguards in place to limit potential risk of transmission.

     (9) You must have a written plan, approved by your licensor, describing how you will protect children from health hazards, such as snake bites, if you have "exotic" pets such as iguanas, venomous or aggressive snakes, spiders, and some turtles.

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     (2) You may permit adults to smoke outdoors in unlicensed space and out of view of children.

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     (2) If the cabinet has a glass or other breakable front, the guns need to be secured with a cable or chain placed through the trigger guards securing the guns in the storage unit.

     (3) You must store all firearms unloaded.

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     (1) Keep all medications, including pet medications, vitamins and herbal remedies, in locked storage. For example, a pad lock, lock with key or a magnetic lock;

     (2) Store external medications separately from internal medications for the child in care;

     (3) Store medications according to the manufacturer or pharmacy instructions; and

     (4) Store pet and human medications in separate places.

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     (a) Cleaning supplies;

     (b) Toxic or poisonous substances;

     (c) Aerosols;

     (d) Items with warning labels;

     (e) Cosmetics; and

     (f) Personal hygiene products.

     (2) When containers are filled with toxic substances from a stock supply, you must label the containers.

     (3) Toxic substances must be stored separately from food items.

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     (1) Nonsterile protective gloves;

     (2) Band-Aids of various sizes;

     (3) Small scissors and tweezers;

     (4) Ace bandages;

     (5) Sterile gauze pads;

     (6) An ice pack;

     (7) A mercury free thermometer for taking a child's temperature;

     (8) A large triangular bandage (sling);

     (9) Adhesive tape;

     (10) A one-way CPR barrier or mask;

     (11) A current first-aid manual; and

     (12) At least one unexpired bottle of Syrup of Ipecac that must be given only at the direction of a poison control center.

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     (1) When a child should not attend due to illness;

     (2) Cleaning and disinfecting procedures;

     (3) Reporting communicable diseases;

     (4) Infection control methods to include personal hygiene, hand washing, toileting, diapering, and laundering;

     (5) Food handling procedures;

     (6) Prevention of the transmission of communicable diseases including:

     (a) Use of sanitizing chemicals; and

     (b) Cleaning and sanitizing toys and play materials.

     (7) Medication management, including steps to be taken if medication is incorrectly administered;

     (8) Providing first aid;

     (9) Care of minor illnesses;

     (10) Actions to be taken for medical emergencies;

     (11) Infant care procedures when infants are under care;

     (12) Children with special needs; and

     (13) General health practices.

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     (a) Ensure the child has a completed, current, certificate of immunization status form (CIS) submitted on or before the first day of child care;

     (b) Develop a system to audit and update, as scheduled, the information on the CIS form;

     (c) Meet any requirement of the department of health WAC 246-100-166; and

     (d) Have available in your licensed space the CIS forms for review by the licensor.

     (2) You may accept a child who is not current with immunizations on a conditional basis if immunizations are:

     (a) Initiated before or on enrollment; and

     (b) Completed as rapidly as medically possible.

     (3) You may exempt the immunization requirement for the child if the parent or guardian:

     (a) Signs a statement expressing a religious, philosophical or personal objection; or

     (b) Furnishes a physician's statement of a valid medical reason for the exemption.

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     (2) You, your staff and volunteers with a reportable communicable disease in an infectious stage, as defined by the department of health, must not be on duty until you, your staff and volunteers have approval from the local health department for returning to work.

     (3) Applicants for a license, staff, volunteers and persons sixteen years and older authorized to have access to children in a family home child care must have a tuberculin (TB) skin test by the Mantoux method of testing. They must have this skin test upon being employed or licensed unless the person has evidence:

     (a) Of negative testing within the previous twelve months;

     (b) That they have a negative chest X ray since previously having a positive skin test; or

     (c) Of having completed adequate preventive therapy or adequate therapy for active tuberculosis.

     (4) The department does not require a tuberculin skin test if a physician indicates that the test is medically unadvisable.

     (5) Persons whose tuberculosis skin test is positive must have a chest X ray within thirty days following the skin test.

     (6) The department does not require retesting at the time of license renewal, unless the licensee or staff person believes they have been exposed to someone with tuberculosis or if their health care provider recommends testing.

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     (1) You must have written approval of the child's parent or legal guardian to give the child any medication. This approval must not exceed thirty days.

     (2) You must:

     (a) Keep a written record of all medications you give a child;

     (b) Return any unused medication to the parent or legal guardian of the child;

     (c) Give certain classifications of nonprescription medications, only with the dose and directions on the manufacturer's label for the age or weight of the child needing the medication. These nonprescribed medications include but are not limited to:

     (i) Nonaspirin, fever reducers or pain relievers;

     (ii) Nonnarcotic cough suppressants;

     (iii) Decongestants;

     (iv) Anti-itching ointments or lotions intended specifically to relieve itching;

     (v) Diaper ointments and talc free powders intended specifically for use in the diaper area of children; and

     (vi) Sun screen.

     (3) You must not administer any nonprescribed medication for the purpose of sedating a child;

     (4) You must not administer any prescribed medication in an amount or frequency other than that prescribed by a physician, psychiatrist or dentist;

     (5) You must not give one child's medications to another child; and

     (6) You must not use any prescribed medication to control a child's behavior unless a physician prescribes the medication for management of the child's behavior.

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     (1) The child's first and last names;

     (2) The date the prescription was filled;

     (3) The medication's expiration date; and

     (4) Legible instructions for the administration of the drug (manufacturer's instructions or prescription label) that include:

     (a) How to give the medication;

     (b) How often to give the medication; and

     (c) How to store the medications (proper temperature).

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     (a) They are physically and mentally capable of properly taking the medicine; and

     (b) The child's parent or legal guardian approves in writing.

     (2) You must keep the written approval by the child's parent or legal guardian in your records.

     (3) When children take their own medication, you must keep the medication and medical supplies locked and inaccessible to other children and unauthorized persons.

     (4) You or a primary worker must observe and document that the medication was taken.

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     (1) A minimum of one serving of vitamin C fruit, vegetable or juice daily; and

     (2) Servings of food high in vitamin A, provided three or more times weekly.

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     (a) Two or more snacks and one meal; or

     (b) Two meals and one snack.

     (2) You must provide the child in care for ten or more hours a minimum of, two or more meals and two snacks.

     (3) You must provide a snack for the child arriving after school.

     (4) The time interval between providing the child with food, during the day, can be no more than three and one-half hours.

     (5) The time interval between the evening meal or snack and breakfast must not be more than twelve hours.

     (6) The child in evening care must be fed dinner when the child did not receive dinner at home before arriving.

     (7) The child in overnight care must be offered breakfast in the morning if the child remains in the home after the child's usual breakfast time.

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     (2) If you do not furnish meals, you must have the required supplemental food available in the event that no meal is provided by the parent or if the meal provided by the parent does not meet the required nutritional value.

     (3) If you provide meals:

     (a) You must accommodate any food preferences for religious or medical reasons. If the meal patterns or serving sizes do not meet the child's nutritional needs, you must obtain a medical statement from the parent documenting the appropriateness of the variation.

     (b) The servings must be in portions suitable for the size and age of the child in care. You must have a sufficient amount of food available to children to permit second helpings.

     (4) You must refrigerate perishable food, milk and formula.

     (5) You must make safe drinking water available to children at all times and must offer at intervals that are responsive to the needs of the individual children.

     (6) You may use:

     (a) Disposable cups and plates if discarded after use; and

     (b) Disposable plastic eating utensils if they are not easily broken by young children and are discarded after use.

     (7) You may not use styrofoam cups for infants or toddlers.

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     (1) Serve only breast milk or formula to the child zero to twelve months of age;

     (2) Serve whole pasteurized milk or breast milk to children twelve to twenty-four months of age;

     (3) Serve only pasteurized milk or pasteurized milk product to children over twenty-four months of age.

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     (1) All formulas and breast milk must be in clean and sanitized bottles with nipples and labeled with the child's name and date prepared.

     (2) If the bottle has been sitting at room temperature for an hour or more, you must throw away the contents.

     (3) You must keep bottle nipples covered when not in use.

     (4) If you reuse bottles and nipples, you must wash and sanitize them.

     (5) You must hold infants while feeding.

     (6) Infants who are nine months of age or over, who want to hold their own bottles may be placed in a highchair if you or a primary staff person remain in the room, within eyesight.

     (7) You must take bottles from the child when the child finishes feeding, or when the bottle is empty.

     (8) You must not prop a bottle when feeding an infant.

     (9) You must not give a bottle or tippy cup to a child who is lying down.

     (10) You must not use a microwave oven to warm formula or breast milk in a bottle used for feeding.

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     (2) You must provide accessible storage space for each child in care to store their clothes and personal possessions; and

     (3) You must have the required amount of space to store your equipment, supplies, records, files, cots, mats and bedding.

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     (1) Maintain the temperature within your licensed space at:

     (a) A minimum of sixty degrees Fahrenheit when children are sleeping or napping; and

     (b) Sixty-eight degrees Fahrenheit or more when the children are awake.

     (2) Utilize electrical fans or an air conditioner to cool the house when the inside temperature reaches or exceeds eighty degrees Fahrenheit. Consider the age and needs of the children under your care in determining which temperature is appropriate.

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     (1) Appliances must be installed so that you can easily clean them and the areas around them.

     (2) Food contact surfaces must be free of cracks and crevices.

     (3) Range tops, ovens and refrigerators must be clean.

     (4) Wash tables with soap and water before and after each meal.

     (5) Wash counters with soap and water prior to food preparation.

     (6) If you cannot clean and sanitize dishes and utensils as required, use only disposable items.

     (7) Keep pets and their food out of the food preparation area. If this is not always possible keep pets out of the kitchen while you are preparing food.

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     (1) Fill one sink compartment or dishpan with hot tap water and dishwashing detergent, and wash the items in this compartment.

     (2) Fill the second compartment or dishpan with hot tap water, and rinse the items in this compartment.

     (3) Fill the third compartment or dishpan with cool water and one teaspoon liquid chlorine bleach for each gallon of water, and dip the items in this compartment to sanitize.

     (4) Place the items in a rack to air-dry.

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     (1) Make the kitchen environmentally safe for children to participate in planned kitchen activities; and

     (2) Supervise food preparation activities involving children.

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     (1) The space you provide meets the required thirty-five square feet of useable space for the number of children in care; and

     (2) The room's usage for one purpose does not interfere with use of the room for another purpose.

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     (1) You or a primary staff person must be on the same floor where children are playing, napping or sleeping in bedrooms; and

     (2) Bedrooms must have at least one exit window that meets the fire safety requirements for an escape window.

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     (2) The surface of mats and cots must be of a material that can be cleaned and sanitized (one-fourth teaspoon chlorine bleach per quart of cool water) and allowed to air dry.

     (3) You must clean the child's nap equipment once a week or as needed and between use by different children.

     (4) You must allow enough space between children to give staff access to children when napping.

     (5) You must ensure the child's bedding:

     (a) Consists of a clean sheet or blanket to cover the sleeping surface and a clean, suitable cover for the child (children must not nap directly on the waterproof covering or the floor);

     (b) Is laundered as needed (such as when soiled, used by different children); and

     (c) Is stored separately from bedding used by another child.

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     (2) Cribs must have no more than two and three-eighths inches space between vertical slats when used for infants less than six months of age.

     (3) Cribs, toddler beds, and playpens must:

     (a) Have clean, firm, snug fitting mattresses covered with waterproof material that is easily cleaned and sanitized, without tears or tape; and

     (b) Be made of wood, metal, or approved plastic with secure latching devices.

     (4) Each crib or bed must be arranged to allow staff access to children.

     (5) Children must not sleep in car seats, swings or other similar equipment.

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     (1) You must put infants to sleep on their backs to reduce the risk of SIDS unless you have a written note in the infant's file from both the parent and the infant's health care provider requesting another sleeping position;

     (2) Once infants are able to turn over, continue to place them on their back to sleep. If the infant has turned over while sleeping you do not need to return the infant to his or her back;

     (3) Place the infant inside the crib, infant bed or playpen on a firm mattress with a tight fitting sheet;

     (4) You must not use soft fluffy bedding, stuffed toys, pillows, crib bumpers and similar items in the crib;

     (5) You must make sure that the infant's head and face remain uncovered during sleep;

     (6) You must not allow smoking around the infant; and

     (7) You must not let the infant get too warm during sleep.

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     (2) For each child in care who is two years and older, you must provide a pillow and pillowcase, blankets, and sheets. A slumber bag, designed for indoor use can substitute for a blanket and sheet.

     (3) Pillows must be covered with waterproof material or be washable.

     (4) Bedding must be clean.

     (5) If the child using the mattress is not toilet trained, you must provide waterproof mattress covers or moisture resistant mattresses.

     (6) You may use toddler beds with a standard crib mattress that is sufficient in length and width for the child's size.

     (7) You must not allow children under the age of six years to use loft style beds or upper bunks of double-deck beds.

     (8) You may use a mat for napping but not as a substitute for a bed.

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     (a) Five years of age and under who remain in care more than six hours; or

     (b) Showing a need for rest.

     (2) You must not require or force children to sleep.

     (3) You must provide a space, away from the napping children, for quiet play for the children who don't require sleep.

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     (2) There must be a sink for hand washing close to the diaper changing area with running hot and cold water. This sink must not be used for food preparation and clean up.

     (3) You must have a sturdy, easily cleanable structure, or mat with a nonabsorbent surface for diaper changing. If you use a mat it must be large enough to prevent the surface underneath from becoming contaminated with bodily fluids.

     (4) You and your staff must wash hands before and after diapering each child.

     (5) You and your staff must maintain contact with the child being diapered at all times while changing diapers.

     (6) For cleaning children, you must:

     (a) Use either disposable towels or clean cloth towels that have been washed and sanitized between each use; and

     (b) Assist a child in hand washing, after changing the diaper.

     (7) You and your staff must place the diaper, without rinsing, directly into a waste container (used only for soiled diapers) that has a tight cover, is lined with a disposable plastic trash bag, and is within arm's reach of the diaper changing area.

     (8) You and your staff must use:

     (a) Disposable diapers;

     (b) A commercial diaper service;

     (c) Reuseable diapers supplied by the child's family; or

     (d) Washable training pants.

     (9) You and your staff must clean and sanitize (one tablespoon chlorine bleach per quart of cool water) diaper-changing areas between each use or you must use a nonabsorbent, disposable covering that you discard after each use.

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     (1) Directly supervise preschool age and younger children at all times; and

     (2) Use a nonskid pad in the bathtub if the bathtub does not have a nonskid surface.

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     (2) You must provide a working phone for each level of the home in which the child care operates.

     (3) The use of answering machines or voice mail is permitted only when they are fully operational and located where staff can hear them.

     (4) The telephone must be accessible for incoming and out going emergency use at all times.

     (5) You must post the following emergency numbers near the telephone:

     (a) Fire;

     (b) Police;

     (c) Ambulance;

     (d) Poison center;

     (e) 911, address and directions to your home;

     (f) Child protection services.

     (6) You must provide your current phone number, at all times, to the parents or guardians of the children in your care and your licensor.

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     (1) Locate light fixtures and provide lighting that promotes good visibility for the safety and comfort of children in your care; and

     (2) Use nonhazardous light fixture covers or shatter resistant (or otherwise made safe) light bulbs or tubes for ceiling lights in the play space.

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     (2) An operational mechanical exhaust fan to the outside must ventilate toilet rooms and bathrooms that do not have windows opening to the outside.

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     (1) Drinking water supplied from:

     (a) A public water supply regulated by Washington state department of health drinking water operations or the local health authority as appropriate; or

     (b) An individual water supply operated and maintained in a manner acceptable to the local health authority; or

     (c) Commercially bottled water.

     (2) Disposable paper cups or individual drinking cups.

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     (1) Have separate and adequate facilities for storing soiled and clean linen;

     (2) Provide a washer and dryer, or make other arrangements for getting laundry done on a regular basis;

     (3) Directly supervise when laundry equipment is accessible to children and is in use; and

     (4) Ensure that the clothes dryer is vented to the outdoors.

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     (2) Locate children's hand washing facilities in or next to rooms used for toileting.

     (3) You must provide the child with soap and paper towels for washing and drying their hands and face.

     (4) Hand washing sinks must be of appropriate height and size for children in care or you must furnish safe, easily cleanable platforms impervious to moisture.

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     (1) A minimum of one indoor flush-type toilet;

     (2) Privacy for toileting for children of the opposite sex who are four years of age and older and for other children demonstrating a need for privacy;

     (3) A mounted toilet paper dispenser and toilet paper for each toilet; and

     (4) Toilets that are of appropriate height and size for children in care or safe, easily cleanable platforms, impervious to moisture.

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     (2) You must sanitize (one tablespoon chlorine bleach per quart of cool water) the equipment after each child's use.

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     (a) Storage areas;

     (b) Bathrooms;

     (c) Hallways;

     (d) Closets;

     (e) Furnace rooms;

     (f) Stationary equipment; and

     (g) Any other furniture not used by children.

     (2) You must designate an area that is developmentally appropriate and safe for children less than twenty-four months of age to allow opportunities for:

     (a) Large and small muscle development;

     (b) Crawling and exploring;

     (c) Sensory stimulation;

     (d) Development of communication; and

     (e) Learning self-help skills.

     (3) You must provide appropriate lighting and ventilation for all activity areas.

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     (2) The fenced or approved enclosed outdoor play area must prevent child access to roadways and other dangers.

     (3) The fence or enclosure must protect the play area from unauthorized exit or entry. Any fence or enclosure must be at least four feet high and designed to discourage climbing (chain link fencing is acceptable).

     (4) Spacing between vertical slats must be no greater than three inches.

     (5) The outdoor play area must directly adjoin the indoor premises or be reachable by a safe route and method approved by your licensor.

     (6) The outdoor play area must promote the child's active play, physical development, and coordination.

     (7) You must provide daily opportunities for children to participate actively in outdoor play.

     (8) You must not place climbing equipment on concrete, asphalt, wood or similar surfaces.

     (9) You must provide a fall zone of a minimum of six feet in all directions from stationary climbing equipment. The fall zone must be free of objects that could harm a falling child on impact.

     (10) The ground cover under climbing equipment must be soft enough to absorb falls and prevent injury. Examples of ground cover that will absorb a fall include cedar chips, pea gravel and rubber-like materials.

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     (1) Climbing equipment;

     (2) Tires for swings;

     (3) Age appropriate woodworking tools;

     (4) Play tools for water, mud and sand;

     (5) Ride-on toys, wheelbarrows, scooters, tricycles and bikes;

     (6) Bats, balls and sports equipment;

     (7) Gardening equipment;

     (8) Jump ropes; and

     (9) Dramatic play props.

     (10) All outdoor play equipment that needs installation must be installed as required by the manufacturers instructions and maintained in good condition.

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     (1) You must keep the vehicle in a safe operating condition;

     (2) The driver must have a valid driver's license;

     (3) There must be at least one staff person other than the driver in a vehicle when:

     (a) Staff-to-child ratio guidelines require a second staff person (see WAC 388-296-1350(3); or

     (b) The child's specific needs require a second staff person.

     (4) The driver or owner of the vehicle must be covered under an automobile liability insurance policy;

     (5) The number of passengers must not exceed the vehicle's seat belts;

     (6) All persons in the vehicle must use seat belts or approved child passenger restraint systems, as required by law, whenever the vehicle is in motion;

     (7) You must have a first aid kit and a copy of the child's completed enrollment form in the vehicle; and

     (8) You must perform an attendance count of children when getting in and out of the vehicle to prevent accidentally leaving a child in the vehicle.

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     (2) You are responsible for disciplining children in your care. This responsibility may only be delegated to a primary staff person.

     (3) Your expectations of children's social behavior must be appropriate to each child's level of development.

     (4) Discipline must be fair, reasonable, consistent, and related to the child's behavior.

     (5) You and your staff must not make derogatory, shaming or humiliating remarks in the presence of children or families.

     (6) You must protect children from the harmful acts of other children.

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     (a) Spanking children with a hand or object;

     (b) Biting, jerking, kicking, hitting, or shaking the child;

     (c) Pulling the child's hair;

     (d) Pushing, shoving or throwing the child;

     (e) Inflicting pain as a punishment;

     (f) Name calling, shaming or using derogatory comments;

     (g) Threatening the child with physical harm; and

     (h) Threatening or intimidating the child.

     (2) You, your staff, volunteer, anyone residing in your home or on the premises must not use methods that interfere with a child's basic needs. These include, but are not limited to:

     (a) Depriving the child of sleep;

     (b) Not providing required food, clothing or shelter;

     (c) Restricting a child's breathing;

     (d) Interfering with a child's ability to take care of their own hygiene and toilet needs; and

     (e) Not providing required medical or emergency dental care.

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     (2) If a child's behavior poses an immediate risk to physical safety, you may use a soft hold as a temporary method to prevent the child from hurting themselves or others.

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     (1) Physical restraint as a form of punishment or discipline;

     (2) Mechanical restraints, including but not limited to handcuffs and belt restraints;

     (3) Locked time-out rooms; or

     (4) Physical restraint techniques that restrict breathing, or inflict pain as a strategy for behavior control, or that might injure a child. These include, but are not limited to:

     (a) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs;

     (b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

     (c) Arm twisting;

     (d) Hair holds;

     (e) Choking or putting arms around the throat; and

     (f) Chemical restraints.

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     (1) Review any incident of physical restraint to ensure that the decision to use physical restraint and its application were appropriate;

     (2) Report the incident to the child's parent;

     (3) Document the incident in the child's record; and

     (4) Obtain consultation from the licensor and public health nurse so that further use of restraint may be eliminated.

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     (a) Suspected child abuse, neglect or exploitation;

     (b) Death of a child;

     (c) Child's suicide attempt;

     (d) Use of physical restraint that is alleged to be improper, excessive, or results in injury;

     (e) Sexual contact between two or more children;

     (f) Disclosures of sexual or physical abuse by a child in care;

     (g) Injury requiring professional medical treatment;

     (h) Unexpected or emergent health problems that require off-site professional medical treatment;

     (i) Medication that is given incorrectly.

     (2) You or your staff must report immediately, any of the following incidents to the child's parent or legal guardian:

     (a) Suicidal or homicidal ideation, gestures, or attempts;

     (b) Unexpected health problems;

     (c) Any incident of medication administered incorrectly;

     (d) Physical assaults that resulted in injury;

     (e) Runaways;

     (f) Missing children; and

     (g) Use of physical restraints for routine behavior management.

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     (1) All children in the home, including the provider's or other staff's own children, must be counted in determining the staff to child ratio and group size.

     (2) All children under the age of twelve visiting the home count in capacity. Children attending with a parent or responsible adult do not count in capacity as long as the parent or adult remains with and is responsible for the children;

     (3) The required staff to child ratios in the following chart must be met at all times.

STAFF AND EXPERIENCE	AGE RANGE OF CHILDREN (IN YEARS)	HIGHEST NUMBER OF CHILDREN UNDER TWO YEARS OF AGE ALLOWED	HIGHEST NUMBER OF CHILDREN ALLOWED ON THE PREMISES
(a) Licensee	Birth - 11	2	6
(b) Licensee with one year experience	2 - 11	None	8
(c) Licensee with one year experience	5 - 11	None	10
(d) Licensee with one year of licensed child care experience plus one staff person or volunteer	Birth - 11	4	9
(e) Licensee with two years' of licensed child care experience and one three credit early childhood education (ECE) course or 30 clock hours of ECE training	3 - 11	None	10
(f) Licensee with two years' of licensed child care experience and one three credit ECE course of 30 clock hours of ECE training, one staff person or volunteer	Birth - 11	4	12

     (4) You must ensure a staff person or volunteer is present in the licensed space of the child care facility when:

     (a) Three or more children under two years of age are in care;

     (b) Seven or more children are in care and at least one child in care is under two years of age; or

     (c) More than ten children are in care.

     (5) Our determination of capacity must include all children eleven years of age or younger on the premises. (Except as provided for in the subsection (2) above.)

     (6) You must ensure that only you and/or a primary staff person, eighteen years of age or older, has sole responsibility for the child in care.

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     (2) You, or a primary staff person, must be within sight or hearing of the children in your care, both inside and outside, so that you or a primary staff person are capable of intervening to protect the health and safety of the children.

     (3) Preschool age children and younger must be within sight and hearing of you or a primary staff person when outside.

     (4) The supervision you provide must ensure that you are aware of what the children are doing at all times and can promptly assist or redirect activities when necessary.

     (5) If you are unable to view children in your licensed space you must continually go to that area to check on them.

     (6) Children must not be on a floor level of the home unless you or a primary staff person is on the same floor level. When deciding how close to supervise, you must consider the following:

     (a) Ages of the children (sleeping or napping infants must be in the main child care space and subject to continual checks);

     (b) Individual differences and abilities;

     (c) Layout of the house and play area;

     (d) The risk associated with the activities children are engaged in; and

     (e) Your outdoor play area and nearby hazards.

     (7) A baby monitor or video monitor must not take the place of the required supervision for children in your care.

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     (a) Social skills (for example: opportunities for sharing, caring and helping);

     (b) Positive self-concepts (for example: encouraging children to draw pictures and tell stories about themselves and their families);

     (c) Language and literacy (for example: reading books, songs, conversation, story telling, scribbling and drawing);

     (d) Physical development in both indoor and outdoor settings, strengthening large and small muscles and encouraging eye-hand coordination, body awareness, rhythm and movement (for example; finger plays, obstacle courses and puzzles); and

     (e) Creative expression and appreciation for the arts (for example: creating art work as process rather than product, dance, movement, dramatic play, music and materials that represent a variety of cultures).

     (2) The daily schedule must provide:

     (a) Individual, small group and large group activities;

     (b) Many opportunities for success through open-ended activities (for example: blocks, play dough and sand/water and praising effort, not just results);

     (c) An environment of respect for individual and cultural diversity (for example: acknowledging and respecting each child's unique qualities and integrating positive culturally relevant experiences into daily activities);

     (d) Opportunities for children to solve problems, initiate activities, experiment and gain mastery through learning by doing;

     (e) Opportunities to explore science, dramatic play, music, language arts and mathematical concepts;

     (f) A balance between staff-directed and child-initiated activities. Staff voices must not dominate the overall sound of the group; and

     (g) Infants and toddlers with ample opportunities to move about freely in a safe area.

     (3) If television/video viewing occurs it must not be in place of planned activities and must be:

     (a) Educational;

     (b) Designed for children; and

     (c) Age-appropriate alternatives to television must be available for children during TV or video watching and appropriate for the number and ages of the children in care.

     (4) You must have the required outdoor play equipment for the number and ages of the children that you serve (see WAC 388-296-1240).

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     (1) Treat each child with consideration and respect, and with equal opportunities to take part in all developmentally appropriate activities;

     (2) Appropriately hold, touch and smile at children;

     (3) Speak clearly to children at their eye level;

     (4) Be available and responsive to children, encouraging them to share experiences, ideas and feelings;

     (5) Sit with children during meals when possible;

     (6) Listen to children with attention and respect;

     (7) Attend to children when they cry;

     (8) Perform nurturing activities including diapering, toileting, feeding, dressing and resting taking into consideration of the parent's own nurturing practices, when the practices are developmentally appropriate and when the practices would not constitute a violation of these regulations. These activities must be performed in a relaxed, reassuring and individualized manner, which is developmentally appropriate and promotes the child's learning self-help and social skills; and

     (9) You, your staff, volunteers and family members having access to the children in your care must not use profanity or obscene language.

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     (2) You must ensure your family home child care business complies with the minimum licensing requirements contained in this chapter.

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     (a) Meet the qualifications in WAC 388-296-0140;

     (b) Not have committed or been convicted of child abuse or any crime involving physical harm to another person; and

     (c) Not have been disqualified from working in a licensed child care setting or have had a license revoked.

     (2) The licensee must:

     (a) Be eighteen years of age or older;

     (b) Be the primary child care provider;

     (c) Ensure compliance with minimum licensing requirements under this chapter; and

     (d) Have completed one of the following prior to or within the first six months of obtaining an initial license:

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

     (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.

     (3) Child care staff must be:

     (a) Fourteen years of age or older if an assistant; or

     (b) Eighteen years of age or older if a primary worker and assigned sole responsibility for the child in care.

     (4) You and your staff must meet the following qualifications:

Position	Qualifications	Background Check	TB Test	STARS Training	First Aid and CPR	HIV/AIDS and Blood borne pathogens training
Licensee	Eighteen years of age	X	X	X	X	X
Primary child care staff	Eighteen years of age	X	X	X Basic 20 hour training to be completed within the first six months of employment	X	X
Child care assistant/volunteer	Fourteen years of age; (directly supervised by the licensee or a primary staff)	X	X	Recommended	If counted in staff to child ratio	X

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     (2) You must notify your licensor and obtain advanced approval if you plan to be away from the child care business for more than the majority of the time the child care is in operation.

     (3) When you are absent from the child care business you must leave a qualified primary staff person in charge. This person must meet the same qualifications that we require of you.

     (4) You may leave a qualified assistant eighteen years or older in charge of the child care business to allow for medical, dental and other necessary appointments for periods not to exceed two hours.

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     (2) You must not assign to a person under eighteen years of age sole responsibility for a group of children.

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     (1) Discuss with the staff your policies and procedures as well as the rules contained in this chapter;

     (2) Provide or arrange for your staff to have training for the services that you provide to children under your care;

     (3) Include in your training monthly practice of fire drills and disaster training for each staff;

     (4) Update blood borne pathogen information on an annual basis;

     (5) Ensure that staff and volunteers keep CPR and first aid training current if they are required to have it;

     (6) Record the amount of time and type of training provided to staff; and

     (7) Keep this information in staff files or in a separate training file and make this information available to DCCEL upon request.

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     (1) An application, including work and education history (resume);

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

     (3) A record of the tuberculin skin test results, X ray, or an exemption to the skin test or X ray;

     (4) Documentation of HIV/AIDS training and blood borne pathogen information;

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

     (6) Documentation of basic and annual STARS training when applicable.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-155-005	Authority.
WAC 388-155-010	Definitions.
WAC 388-155-020	Scope of licensing.
WAC 388-155-040	Local ordinances and codes.
WAC 388-155-050	Waivers.
WAC 388-155-060	Dual licensure.
WAC 388-155-070	How do I apply for a license and what is required?
WAC 388-155-083	Fees.
WAC 388-155-085	Initial license.
WAC 388-155-090	When can my license application be denied and when can my license be suspended or revoked?
WAC 388-155-092	Civil penalties.
WAC 388-155-093	Civil penalties--Amount of penalty.
WAC 388-155-094	Civil penalty--Posting of notice of penalty.
WAC 388-155-095	Civil penalties--Unlicensed programs.
WAC 388-155-096	Civil penalties--Separate violations.
WAC 388-155-097	Civil penalties--Penalty for nonpayment.
WAC 388-155-098	Probationary license.
WAC 388-155-100	Activities and routines.
WAC 388-155-110	Learning and play materials.
WAC 388-155-120	Provider-child interactions.
WAC 388-155-130	Behavior management and discipline.
WAC 388-155-140	Rest periods.
WAC 388-155-150	Evening and nighttime care.
WAC 388-155-160	Off-site trips.
WAC 388-155-165	Transportation.
WAC 388-155-170	Parent communication.
WAC 388-155-180	Staffing -- Qualifications.
WAC 388-155-190	Capacity.
WAC 388-155-200	Development and training.
WAC 388-155-220	Health supervision and infectious disease prevention.
WAC 388-155-230	Medication management.
WAC 388-155-240	Nutrition.
WAC 388-155-250	Kitchen and food service.
WAC 388-155-270	Care of young children.
WAC 388-155-280	General safety, maintenance, and site.
WAC 388-155-290	Water supply, sewage, and liquid wastes.
WAC 388-155-295	Water safety.
WAC 388-155-310	First-aid supplies.
WAC 388-155-320	Outdoor play area.
WAC 388-155-330	Indoor play area.
WAC 388-155-340	Toilets, handwashing sinks, and bathing facilities.
WAC 388-155-350	Laundry.
WAC 388-155-360	Nap and sleep equipment.
WAC 388-155-370	Storage.
WAC 388-155-380	Home atmosphere.
WAC 388-155-390	Discrimination prohibited.
WAC 388-155-400	Religious activities.
WAC 388-155-410	Additional requirements regarding American Indian children.
WAC 388-155-420	Child abuse, neglect, and exploitation.
WAC 388-155-430	Prohibited substances.
WAC 388-155-440	Limitations to persons on premises.
WAC 388-155-450	Child records and information.
WAC 388-155-460	Home records.
WAC 388-155-470	Personnel records.
WAC 388-155-480	Reporting of death, injury, illness, epidemic, or child abuse.
WAC 388-155-490	Reporting of circumstantial changes.
WAC 388-155-500	Posting requirements.
WAC 388-155-600	Occupancy restrictions.
WAC 388-155-605	Hazardous areas.
WAC 388-155-610	Single station smoke detectors.
WAC 388-155-620	Alternate means of sounding a fire alarm.
WAC 388-155-630	Fire extinguisher.
WAC 388-155-640	Fire prevention.
WAC 388-155-650	Sprinkler system maintenance.
WAC 388-155-660	Fire evacuation plan.
WAC 388-155-670	Fire evacuation drill.
WAC 388-155-680	Staff training.
WAC 388-155-991	Waiver of fees.
WAC 388-155-992	Fee payment and refunds.
WAC 388-155-993	Denial, revocation, suspension, and reinstatement.

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