Effective Date of Rule: Immediately.

     Purpose: As directed by the 2011 legislature, effective July 1, 2011, the department of early learning (DEL) increased child care license fees as provided in section 617(2) of 2ESHB 1087, enrolled as chapter 50, Laws of 2011 1st sp. sess. (the state operating appropriations bill), to raise revenues intended to help balance the 2011-2013 budget. Base license fees were increased by twenty-five percent for all DEL-licensed child care agencies (providers). In addition, per-child fees were increased for child care centers and school-age center programs to $12 per child - after the first twelve children in care - up to the maximum capacity stated on the center's license. The original emergency rules to implement 2ESHB 1087, section 617(2), were filed on June 16, 2011, as WSR 11-13-077. Second emergency rules were filed on October 11, 2011, as WSR 11-21-021. This third emergency rule continues the same provisions as the first and second emergency rules, while DEL takes further steps toward permanent adoption. A new CR-102 was filed on January 4, 2012, under WSR 12-02-079 that would make these rules permanent.

     Citation of Existing Rules Affected by this Order: Amending WAC 170-151-070, 170-295-0060, and 170-296-0170.

     Statutory Authority for Adoption: RCW 43.215.255, 43.215.070 (2)(c), section 617(2) of 2ESHB 1087 (2011 1st sp. sess.).

     Other Authority: EHB 1248 (chapter 2, Laws of 2011 1st sp. sess.).

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: Section 617(2) of 2ESHB 1087 states, "(2) In accordance with RCW 43.215.255(2) and 43.135.055, the department is authorized to increase child care center and family home licensure fees in fiscal years 2012 and 2013 for costs to the department for the licensure activity, including costs of necessary inspection. These increases are necessary to support expenditures authorized in this section."

     The legislature's 2011-2013 Operating budget overview - Revenue documents indicate that DEL is required to raise nearly one-million dollars in the biennium through this license fee increase. Further senate ways and means committee projections indicated that DEL is expected to raise an approximately $990,826 through FY 2013 (July 1, 2011, through June 30, 2013) by increasing annual license fees for:

•	Family home child cares to $30 from the current $24; and
•	Child care centers and school-age center programs:

-	To $125 (from the current $100) for the first twelve children in care; plus
-	To $12 (from the current $8) per child after the first twelve children, up to the center's maximum capacity stated on the center's license.

     Child care license fees collected are deposited to the state general fund and are not retained by DEL.

     In order to achieve the legislatively directed revenue targets, DEL adopted emergency rules that were filed on June 16, 2011, effective July 1, 2011, as WSR 11-13-077. Second emergency rules were filed on October 11, 2011, as WSR 11-21-021. This third emergency rule continues the same provisions as the first and second emergency rules, as DEL takes steps toward permanent adoption of these license fee increases. DEL filed a preproposal statement of inquiry, WSR 11-12-076, and a new CR-102 was filed on January 4, 2012, under WSR 12-02-079 that would make these rules permanent.

     Family home child cares are not charged a per-child fee in addition to their base license - they may care for a maximum of twelve children. A child care home or center may be licensed to care for fewer children than the physical capacity of its facility. The maximum number of children to be in care (licensed capacity) is stated on the facility's DEL-issued license. Currently, individual child care centers are licensed from twelve children to more than two hundred fifty children.

     This is the first fee increase for licensed family home children cares since 1982. Child care center and school-age center license fees were raised in 2010 - prior to that increase center license fees had remained at the same amount since 1982.

     RCW 34.05.350 (1)(c) was amended by EHB 1248 (chapter 2, Laws of 2011 1st sp. sess.) to permit emergency rule making if the agency finds for good cause, "(c) That in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012, or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency."

     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 3, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

     Date Adopted: February 3, 2012.

Elizabeth M. Hyde

Director

OTS-4038.1

AMENDATORY SECTION(Amending WSR 10-24-016, filed 11/19/10, effective 12/20/10)

WAC 170-151-070   How do I apply or reapply for a license?   (1) You must comply with the department's application procedures and submit to the department:

     (a) A completed department-supplied application for school-age child care center license, including attachments, ninety or more days before the:

     (i) Expiration of your current license;

     (ii) Opening date of your center;

     (iii) Relocation of your center; or

     (iv) Change of the licensee.

     (b) A completed background check form for each staff person or volunteer having unsupervised or regular access to the child in care; and

     (c) The annual licensing fee is:

     (i) ((For new licenses issued by the department before July 1, 2010, or for licensees whose annual licensing fees are due before July 1, 2010, forty-eight dollars per year for the first twelve children plus four dollars for each additional child over the licensed capacity of twelve children; or

     (ii))) For new licenses issued ((after June 30, 2010)) before July 1, 2011, or for licensees whose annual licensing fees are due ((after June 30, 2010)) before July 1, 2011, one hundred dollars per year for the first twelve children plus eight dollars for each additional child over the licensed capacity of twelve children; or

     (ii) For new licenses issued after June 30, 2011, or for licensees whose annual licensing fees are due after June 30, 2011, one hundred twenty-five dollars per year for the first twelve children, plus twelve dollars per year for each additional child over the licensed capacity of twelve children.

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

     (a) An employment and education resume of the person responsible for the active management of the center and of the site coordinator;

     (b) Copies of diplomas or education transcripts of the director and site coordinator; and

     (c) Three professional references each for you, the director, and the site coordinator.

     (3) You, as the applicant for a license under this chapter must be twenty-one years of age or older.

     (4) You must conform to rules and regulations approved or adopted by the:

     (a) State department of health and relating to the health care of children at school-age child care centers;

     (b) State fire marshal's office, establishing standards for fire prevention and protection of life and property from fire, under chapter 212-12 WAC.

     (5) The department must not issue a license to you until the state fire marshal's office has certified or inspected and approved the center.

     (6) The department may exempt a school site possessing a fire safety certification signed by the local fire official within six months prior to licensure from the requirement to receive an additional fire safety inspection by the state fire marshal's office.

     (7) You must submit a completed plan of deficiency correction, when required, to the department of health and the department licensor before the department will issue you a license.

     (8) You, your director and site coordinator must attend department-provided orientation training.

[Statutory Authority: RCW 43.215.255, 43.215.070, chapter 43.215 RCW, 2010 c 37 § 614(14) 1st sp. sess. and RCW 43.135.055. 10-24-016, § 170-151-070, filed 11/19/10, effective 12/20/10. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. 08-10-041,§ 170-151-070, filed 4/30/08, effective 5/31/08. 06-15-075, recodified as § 170-151-070, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-070, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-070, filed 12/30/92, effective 1/30/93.]

OTS-4039.1

AMENDATORY SECTION(Amending WSR 10-24-016, filed 11/19/10, effective 12/20/10)

WAC 170-295-0060   What are the requirements for applying for a license to operate a child care center?   (1) To apply or reapply for a license to operate a child care center you must:

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

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

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

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

     (a) The annual licensing fee. The fee is based on your licensed capacity, and is:

     (i) ((For new licenses issued by the department before July 1, 2010, or for licensees whose annual licensing fees are due before July 1, 2010, forty-eight dollars for the first twelve children plus four dollars for each additional child over the licensed capacity of twelve children; or

     (ii))) For new licenses issued ((after June 30, 2010)) before July 1, 2011, or for ((licenses)) licensees whose annual license fees are due ((after June 30, 2010)) before July 1, 2011, one hundred dollars per year for the first twelve children plus eight dollars for each additional child over the licensed capacity of twelve children; or

     (ii) For new licenses issued after June 30, 2011, or for licensees whose annual license fees are due after June 30, 2011, one hundred twenty-five dollars per year for the first twelve children, plus twelve dollars for each additional child over the licensed capacity of twelve children;

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

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

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

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

     (d) An employment and education resume for:

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

     (ii) The program supervisor((.));

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

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

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

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

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

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

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

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

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

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

     (o) A copy of your occupancy permit.

     (3) You must submit to the department a completed background check form for all persons required to be authorized by DEL to care for or have unsupervised access to the children in care under chapter 170-06 WAC; and

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

     (a) You expect to open your new center;

     (b) Your current license is scheduled to expire;

     (c) You expect to relocate your center;

     (d) You expect to change licensee; or

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

[Statutory Authority: RCW 43.215.255, 43.215.070, chapter 43.215 RCW, 2010 c 37 § 614(14) 1st sp. sess. and RCW 43.135.055. 10-24-016, § 170-295-0060, filed 11/19/10, effective 12/20/10. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. 08-10-041, § 170-295-0060, filed 4/30/08, effective 5/31/08. 06-15-075, recodified as § 170-295-0060, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-0060, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-0060, filed 6/30/03, effective 8/1/03.]

OTS-4037.1

AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08, effective 4/19/08)

WAC 170-296-0170   Am I required to pay a fee when applying for a family home child care license?   (1) For new licenses issued by the department before July 1, 2011, or for licensees whose annual licensing fees are due before July 1, 2011, you must pay a nonrefundable license fee of twenty-four dollars. ((This))

     (2) For new licenses issued by the department after June 30, 2011, or for licensees whose annual license fees are due after June 30, 2011, you must pay a nonrefundable license fee of thirty dollars.

     (3) Payments 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.

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-296-0170, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-296-0170, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.08.090, 74.15.030, chapters 74.12 and 74.15 RCW. 04-18-082, § 388-296-0170, filed 8/31/04, effective 10/1/04.]

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