WSR 14-09-035 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed April 10, 2014, 12:22 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-05-046.
Title of Rule and Other Identifying Information: WAC 170-295-0010 What definitions under this chapter apply to licensed child care providers?, 170-295-2090 What are the required staff to child ratios and maximum group sizes for my center?, 170-295-2100 What are the exceptions to group sizes and staff to child ratios?, and 170-295-5100 What are the requirements for toilets, handwashing sinks and bathing facilities?, updating the definition of "preschool age child" and allowing ambulatory infants in mixed age groups under certain circumstances.
Hearing Location(s): Department of Early Learning (DEL), Olympia Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on May 27, 2014, at 12 p.m.
Date of Intended Adoption: Not earlier than May 27, 2014.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 586-0533, by May 27, 2014.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by May 13, 2014, (360) 407-1962.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise child care center licensing minimum standards rules to include children age six in the definition of "preschool age child" and to allow mixed age groups to include ambulatory infants under certain circumstances, and to reorganize certain affected sections for greater clarity.
Reasons Supporting Proposal: The proposed rules will provide licensed child care programs greater flexibility as to groupings of mixed age preschool and school-age children and allow them to move ambulatory infants into mixed age groups based on the child's development and individual needs. Research into accepted child care standards does not contraindicate either approach in terms of developmental criteria or safety.
Statute Being Implemented: Chapter 43.215 RCW.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Administration, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
April 10, 2014
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 13-21-109, filed 10/22/13, effective 11/22/13)
WAC 170-295-0010 What definitions under this chapter apply to licensed child care providers?
"American Indian child" means any unmarried person under the age of eighteen who is:
(1) A member 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 Indian by the Secretary of the Interior, including through issuance of a certificate of degree of Indian blood, or by the Indian health service;
(3) Considered to be Indian by a federally recognized or nonfederally 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 works against biases and recognizes when others are treated unfairly or oppressively based on race, color, national origin, marital status, gender, sexual orientation, class, religion, creed, disability, or age.
"CACFP" means child and adult care food program established by congress and funded by the United States Department of Agriculture (USDA).
"Capacity" means the maximum number of children that a licensee is authorized to have on the premises of the child care at any one time.
"Center" means the same as "child care center."
"Certification" means department approval of a person, home, or facility that does not legally need to be licensed, but wants evidence that they meet the minimum licensing requirements (also see "Tribal certification").
"Child abuse or neglect" means the physical abuse, sexual abuse, sexual exploitation, abandonment or negligent treatment or maltreatment of a child by any person indicating the child's health, welfare, and safety is harmed.
"Child-accessible" means areas where children regularly have access such as: Entrances and exits to and from the center, classrooms or child care areas, playground area including equipment and fencing, parking areas, walkways, decks, platforms, stairs and any items available for children to use in these areas.
"Child care center" means the same as a "child day care center" or a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours.
"Clean" means to remove dirt and debris from a surface by scrubbing and washing with a detergent solution and rinsing with water. This process must be accomplished before sanitizing a surface.
"Commercial kitchen equipment" means equipment designed for business purposes such as restaurants.
"Contagious disease" means as provided in WAC 246-110-010.
"Cultural relevancy" creates an environment that reflects home cultures, communities and lives of children enrolled in the program.
"Department," "we," "us," or "our" refers to and means the state department of early learning (DEL) and its predecessor agency the department of social and health services (DSHS).
"Developmentally appropriate practice":
(1) Means that the provider should interact with each child in a way that recognizes and respects the child's chronological and developmental age;
(2) Is based on knowledge about how children grow and learn; and
(3) Reflects the developmental level of the individual child, and interactions and activities must be planned with the needs of the individual child in mind.
"Director" means the person responsible for the overall management of the center's facility and operation, except that "DEL director" means the director of the department of early learning.
"Disinfect" means to eliminate virtually all germs from inanimate surfaces through the use of chemicals or physical agents.
"Domestic kitchen" means a kitchen equipped with residential appliances.
"External medication" means a medication that is not intended to be swallowed or injected but is to be applied to the external parts of the body, such as medicated ointments, lotions, or liquids applied to the skin or hair.
"I," "you," and "your" refer to and mean the licensee or applicant for a child care license.
"Inaccessible to children" means stored or maintained in a manner preventing children from reaching, entering, or using potentially hazardous items or areas. Examples include but are not limited to: Quantities of water, sharp objects, medications, chemicals, electricity, fire, mechanical equipment, entrapment or fall areas.
"Individual plan of care" means that the center's health policies and procedures do not cover the needs of the individual child so an individual plan is needed. Examples may include children with allergies, asthma, Down syndrome, tube feeding, diabetes care such as blood glucose monitoring, or nebulizer treatments.
"Infant" means a child one-month through eleven months of age.
"Lead teacher" means the person who is the lead child care staff person in charge of a child or group of children and implementing the activity program.
"License" means a permit issued by the department authorizing a licensee by law to operate a child care center and certifying that the licensee meets the minimum requirements under licensure.
"Licensee" or "you" means the person, organization, or legal entity responsible for operating the center.
"Maximum potential capacity based on square footage" is the maximum number of children a licensee can be licensed for based on the amount of usable space (square footage) in the licensee's center. The licensee may be licensed for less than the maximum potential capacity. A licensee may not be licensed for more than the maximum potential capacity.
"Moisture impervious" or "moisture resistant" means a surface incapable of being penetrated by water or liquids.
"Nonexpiring license" or "nonexpiring full license" means a full license that is issued to a licensee following the initial licensing period as provided in WAC 170-295-0095.
"Parent" means birth parent, custodial parent, foster parent, legal guardian, those authorized by the parent or other entity legally responsible for the welfare of the child.
"Pesticides" means chemicals that are used to kill weeds, pests, particularly insects.
"Potable water" means water suitable for drinking by the public as determined by the state department of health or local health jurisdiction.
"Potentially hazardous food" means any food or ingredient that requires temperature control because it supports rapid growth of infectious or toxin forming microorganisms.
(("Potable water" means water suitable for drinking by the public as determined by the state department of health or local health jurisdiction.))
"Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.
"Preschool age child" means a child thirty months through ((five)) six years of age not attending kindergarten or elementary school.
"Program supervisor" means the person responsible for planning and supervising the center's learning and activity program.
"Sanitize" means a surface must be clean and the number of germs reduced to a level that disease transmissions by that surface are unlikely. This procedure is less vigorous than disinfection.
"Satellite kitchen" means a food service establishment approved by a local health jurisdiction where food is stored, prepared, portioned or packaged for service elsewhere.
"School-age child" means a child not less than five years through twelve years of age who has begun attending kindergarten or elementary school.
"Staff" means a child care giver or group of child care givers employed by the licensee to supervise children served at the center who are authorized by DEL to care for or have unsupervised access to children under chapter 170-06 WAC.
"Supervised access" refers to those individuals at a child care center who have no responsibility for the operation of the center and do not have unsupervised access to children. These individuals are not required to submit a background check form. This includes those persons on the premises for "time limited" activities whose presence is supervised by a center employee and does not affect provider/child ratios or the normal activities or routine of the center. Examples include:
(1) A person hired to present an activity to the children in care such as a puppet show, cooking activity, and story telling;
(2) Parent participation as part of a special theme; or
(3) A relative visiting a child on the premises.
"Terminal room cleaning" means thorough cleaning of walls, ceiling, floor and all equipment, and disinfecting as necessary, in a room which has been used by a person having a contagious disease before it is occupied by another person.
"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirement.
"Toddler" means a child twelve months through twenty-nine months of age.
"Tribal certification" means that the department has certified the tribe to receive state payment for children eligible to receive child care subsidies.
"Unsupervised access" refers to those individuals at a child care center who can be left alone with children in the child care center. These individuals must have received a full background authorization clearance under chapter 170-06 WAC.
"Usable space" means the areas that are available at all times for use by the children that do not cause a health or safety hazard.
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-2090 What are the required staff to child ratios and maximum group sizes for my center?
The following requirements apply to centers licensed for any number of children:
(1) You must ensure the required staff to child ratios are met at all times when children are in your care. ((In centers licensed for thirteen or more children,)) The licensee must conduct group activities within the group size and staff to child ratio requirements, according to the age of the children:
(2) ((In centers licensed for twelve or fewer children, you may combine children of different age groups, provided you:
(a) Maintain the staff-to-child ratio designated for the youngest child in the mixed group; and
(b) Provide a separate care area when four or more infants are in care. In such case the maximum group size is eight infants.
(3))) You must conduct activities for each group in a specific room or other defined space within a larger area.
(((4))) (3) You must ensure each group is under the direct supervision of a qualified staff person or team of staff involved in directing the child's activities.
(((5) We may approve reasonable variations to group size limitations if you maintain required staff-to-child ratios, dependent on:
(a) Staff qualifications;
(b) Program structure; and
(c) Useable square footage.
(6) After consulting with the child's parent, you may place the individual child in a different age group and serve the child within the different age group's required staff-to-child ratio based on the child's:
(a) Developmental level; and
(b) Individual needs.
(7) You may combine children of different age groups for no more than one hour, provided you maintain the staff-to-child ratio and group size designated for the youngest child in the mixed group.
(8) In centers licensed for thirteen or more children, you may group ambulatory children between one year and two years of age with older children, provided:
(a) The total number of children in the group does not exceed twelve; and
(b) Two staff are assigned to the group.
(9))) (4) You must ensure the staff person providing direct care and supervision of the child is free of other duties at the time of care.
(((10))) (5) You must maintain required staff-to-child ratios indoors, outdoors, on field trips, and during rest periods. During rest periods, staff may be involved in other activities if:
(a) Staff remain on the premises; and
(b) Each child is within continuous visual and auditory range of a staff person.
(((11))) (6) You must ensure staff:
(a) Attend to the group of children at all times; and
(b) Keep each child (including school age children) within continuous visual and auditory range of center staff. Toilet trained children using the toilet must be within auditory range of a center staff member.
(((12))) (7) When only one staff person is present, you must ensure a second staff person is readily available in case of emergency.
(((13))) (8) When only one caregiver is required to meet the staff to child ratio, you must be sure there is coverage for emergencies to meet both ratios and worker qualifications by either:
(a) Posting the name, address, and telephone number of a person who meets the qualifications of at least a lead teacher, who has agreed in writing to be available to provide emergency relief and who can respond immediately; or
(b) Having a second person that meets the qualifications of at least a lead teacher on the premises who is not needed for the staff to child ratio, but is available to provide emergency relief.
(((14))) (9) Service staff, such as cooks, janitors, or bus drivers, may be counted in the required staff to child ratio if they meet all child care worker qualifications.
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-2100 What are the exceptions to group sizes and staff to child ratios?
(1) If the center is licensed for twelve or fewer children, you may combine children (excluding nonambulatory infants) of different age groups if you:
(a) Maintain the staff to child ratio for the youngest child in the mixed group; and
(b) Provide a separate area when infants are in care.
(2) ((You must conduct activities for each group in a specific room or other specifically defined space within a larger area;)) In centers licensed for thirteen or more children, you may group ambulatory children between one year and two years of age with older children, provided:
(a) The total number of children in the group does not exceed twelve; and
(b) Two staff are assigned to the group.
(3) Excluding nonambulatory infants, you may place an individual child in a different age group and serve the child within the different age group's required staff to child ratio((, based on the child's individual needs and developmental level)). Prior to making the change, you must:
(a) Consult with the child's parent ((prior to making the change)); and
(b) Document that the change is appropriate to the child's individual needs and developmental level.
(4) You may combine children of different age groups for periods of no more than one hour at the beginning and end of the day provided you maintain the staff to child ratio and group size designated for the youngest child in the mixed group;
(5) You may have nine infants in a classroom with appropriate square footage if you maintain a ratio of one staff to three infants; and
(6) You can request a waiver to group size limitations. If we approve variations to group size limitations, you must maintain the required staff-to-child ratios. Our approval will depend on factors including, but ((is)) not limited to:
(a) Staff qualifications;
(b) Program structure;
(c) Square footage; and
(d) Lower staff to child ratios.
AMENDATORY SECTION (Amending WSR 06-15-075, filed 7/13/06, effective 7/13/06)
WAC 170-295-5100 What are the requirements for toilets, handwashing sinks and bathing facilities?
(1) You must provide:
(a) A toilet room that is vented to the outdoors;
(b) A room with flooring that is moisture resistant and
washable;
(c) One flush-type toilet and one adjacent sink for handwashing within auditory (hearing) range of the child care classrooms for every fifteen children and staff;
(d) Toileting privacy for children of opposite genders who are six years of age and older, or when a younger child demonstrates a need for privacy; and
(e) A mounted toilet paper dispenser within arms reach of the user with a constant supply of toilet paper for each toilet.
(2) Children eighteen months of age or younger are not included when determining the number of required flush-type toilets.
(3) If urinals are provided, the number of urinals must not replace more than one-third of the total required toilets.
(4) Toilet fixture heights must be as follows:
(5) Handwashing sink heights must be as follows:
(6) Infants are not included when determining the number of sinks required for handwashing.
(7) The sink for handwashing must:
(a) Be located in or immediately outside of each toilet room;
(b) Have water controls that are accessible by the intended user; and
(c) Not be used for food preparation, as a drinking water source or a storage area.
(8) You must have:
(a) Single-use paper towels and dispensers; or
(b) Heated air-drying devices.
(9) You must use soap from some type of dispenser to prevent the spread of bacteria from the soap.
(10) If the center is equipped with a bathing facility, you must:
(a) Have parent permission to bathe children;
(b) Equip the bathing facility with a conveniently located grab bar and a nonskid pad or surface; and
(c) Provide constant supervision for the child five years of age and younger and older children who require supervision.
(11) You must make the bathing facility inaccessible to children when not in use.
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