LICENSE-EXEMPT CARE—FAMILY, FRIEND, AND NEIGHBOR (FFN) IN-HOME/RELATIVE CHILD CARE PROVIDERS

PART I

INTRODUCTION

(1) The purpose of this chapter is to establish rules for the administration of child care subsidy funds through the working child care connections (WCCC) program for family, friend, and neighbor (FFN) in-home/relative child care providers. The department of children, youth, and families (DCYF) is the lead agency for the federal Child Care Development Fund (CCDF) program, governed by 42 U.S.C. 9858 et. seq., (CCDF authorization and implementation statutes) and 45 C.F.R. Part 98 (CCDF regulations). This chapter addresses CCDF health and safety requirements and WCCC program requirements for family, friend, and neighbor (FFN) in-home/relative child care providers.

(2) In addition to the requirements contained in this chapter, providers and other beneficiaries of CCDF funds must comply with applicable provisions of chapter 43.216 RCW (department of children, youth, and families), chapter 110-06 WAC (background check rules), and chapter 110-15 WAC (WCCC) subsidy program rules.

(3) The requirements contained in this chapter are consistent with and support the department's commitment to promoting the health, safety, and well-being of children, expanding access to quality early learning opportunities to improve outcome in young children and promoting school readiness.

(4) The department recognizes that a child's parents and family are the child's first and most important teachers and decision makers. The department is committed to working alongside parents to promote the overall well-being of their children, providing technical assistance and resource referral at the request of parents or providers, and using a variety of methods to communicate with parents and providers about program changes and relevant resources and information.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Benefit" means a regular payment made by a government agency to or on behalf of a person eligible to receive it.

(2) "Child" or "children," except when otherwise specified, means a child or children eligible for WCCC benefits under chapter 110-15 WAC.

(3) "Days" means calendar days unless otherwise specified.

(4) "Department" or "DCYF" means the department of children, youth, and families.

(5) "In-home/relative provider" or "family, friend, and neighbor (FFN) provider" means an individual who is exempt from child care licensing standards and is approved for WCCC payments under WAC 110-15-0125. Reference in this chapter to the term "provider" must be considered a reference to an in-home/relative or FFN provider, except when otherwise specified.

(6) "In loco parentis" means the adult caring for a child eligible for WCCC in the absence of the biological adoptive, or step-parents, and who is not a relative, court-ordered guardian, or custodian, and who is responsible for exercising day-to-day care and control of the child.

(7) "Infant" is a child birth through eleven months of age.

(8) "Lockdown" means to remain inside the home when police or an official emergency response agency notifies a provider that it is unsafe to leave or be outdoors during an emergency situation.

(9) "Parent" means, for the purposes of this chapter, the "in loco parentis" or the biological, adoptive, or step-parent, court-ordered guardian, or custodian eligible for WCCC benefits under this chapter.

(10) "Supervise" or "supervision" means a provider must be able to see or hear the children they are responsible for at all times. Providers must use their knowledge of each child's development and behavior to anticipate what may occur to prevent unsafe or unhealthy events or conduct, or to intervene in such circumstances as soon as possible. Providers must also reposition themselves or the children to be aware of where children are and what they are doing during care. Providers must reassess and adjust their supervision each time child care activities change.

(11) "Swimming pool" means a pool that has a water depth greater than two feet.

(12) "Technical assistance" means the provision of targeted and customized supports to develop or strengthen processes, knowledge application, or implementation of services by providers.

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

(14) "Wading pool" means a pool that has a water depth of less than two feet. A portable wading pool is one that is formed of molded plastic or inflatable parts and can be removed after use.

(15) "Water activities" refers to the activities in which children in care swim or play in a body of water that poses a risk of drowning for children.

(16) "WCCC" means the working connections child care program, a child care subsidy program available to eligible families to help pay for child care.

PART II

PROVIDER APPROVAL AND RESPONSIBILITIES

(1) To be approved as a family, friend, and neighbor (FFN) in-home/relative provider for the WCCC program, the individual must:

(a) Be eighteen years of age or older;

(b) Complete the approval process that will include, but not be limited to, providing:

(i) Legal name, current street address, telephone number, and email address;

(ii) A legible copy of the individual's valid Social Security card; and

(iii) A legible copy of the individual's valid government issued photo identification, such as a driver's license, Washington state identification, or passport.

(c) Meet all applicable WCCC subsidy and background check requirements of chapters 110-15 and 110-06 WAC.

(2) An individual cannot be approved to receive WCCC subsidy payment as a provider for an eligible child in his or her care if the individual is:

(a) The child's biological or adoptive parent, step-parent, or the parent's live-in partner;

(b) The child's legal guardian or the guardian's spouse or live-in partner;

(c) An adult acting in loco parentis or that adult's spouse or live-in partner;

(d) An individual with a revoked child care license; or

(e) Receiving TANF benefits on behalf of the eligible child.

(3) Providers may not receive WCCC benefits for their own children for the same hours in which they receive payment for child care they provide for other WCCC-eligible children.

(1) The provider must:

(a) Agree to provide care, supervision, and daily activities based on the child's developmental needs, including health, safety, physical, nutritional, emotional, cognitive, and social needs;

(b) Report any legal name, address, or telephone number changes to DCYF within ten days;

(c) Report a revoked child care license to DCYF within twenty-four hours;

(d) Comply with the requirements contained in this chapter and chapters 110-06 and 110-15 WAC;

(e) Allow parents access to their own children at all times while in care; and

(f) Have access to a telephone with 911 emergency calling services and capability for both incoming and outgoing calls during all times children are in care.

(2) The provider must bill for no more than six children at one time during the same hours of care.

(3) Care must be provided in the following locations:

(a) Providers related to the child by marriage, blood relationship, or court decree and who are grandparents, great-grandparents, siblings (if living in a separate residence), aunts, or uncles, must choose to be approved to provide care in either the provider's home or the child's home, with the exception that providers residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.

(b) Providers related to the child by marriage, blood, or court decree, but not listed in (a) of this subsection, must choose to be approved to provide care in either the provider's home or the child's home, with the exception that providers residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.

(c) Providers not related to the child, such as friends, neighbors, or nannies, must provide care in the child's home.

(4) Providers must comply with health and safety activities as follows:

(a) Providers related to the child as described in subsection (3)(b) of this section, must participate in a technical assistance phone call with the department within ninety days of the payment begin date and annually thereafter;

(b) Providers not related to the child, as described in subsection (3)(c) of this section:

(i) Must complete the training required in WAC 110-16-0025; and

(ii) Must be monitored for compliance with the health and safety requirements in WAC 110-16-0030 and 110-16-0035.

PART III

HEALTH AND SAFETY TRAINING AND MONITORING

(1) Before the department will approve a provider not related to the child, as described in WAC 110-16-0015 (3)(c), to provide child care and receive subsidy payment, the provider must complete training for infant, child, and adult first aid and cardiopulmonary resuscitation (CPR). The provider must take this training in person and demonstrate learned skills to be the instructor. The instructor must be certified by the American Red Cross, American Heart Association, American Safety and Health Institute, or other nationally recognized certification program.

(2) A provider not related to the child, as described in WAC 110-15-0015 (3)(c):

(a) Must complete department-approved training within ninety calendar days of the WCCC subsidy payment begin date in the following areas:

(i) Prevention of sudden infant death syndrome and safe sleep practices;

(ii) Recognition and reporting of child abuse or neglect, including the prevention of child abuse or neglect, including the prevention of child abuse and neglect as defined in RCW 26.44.020 and mandatory reporting requirements under RCW 26.44.030;

(iii) Prevention of shaken baby syndrome, abuse head trauma, and child maltreatment;

(iv) Child development, including the major domains (cognitive, social, emotional, physical development and approaches to learning);

(v) Administration of medication;

(vi) Prevention of, and response to, emergencies due to food and allergic reactions;

(vii) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic;

(viii) Emergency preparedness and response planning for natural disaster and human-caused events;

(ix) Handling and storage of hazardous materials and the appropriate disposal of bio contaminants;

(x) Appropriate precautions in transporting children;

(xi) Prevention and control of infectious diseases; and

(xii) Other topic areas as determined by the department.

(b) Is exempt from completing the training required in subsection (2)(a) of this section if the department verifies that the provider has completed any of the following either prior to or within ninety calendar days of the WCCC subsidy payment begin date:

(i) Child care basics. The required thirty-hour training to meet the basic STARS training requirements;

(ii) Current child development associate credential (CDA) or equivalent credential, or twelve or more approved college credits in early childhood education (ECE) or child development; or

(iii) An associate's degree of applied science or higher with an ECE major.

(3) A provider who, on October 1, 2018, has an existing WCCC subsidy authorization with a January 1, 2019, or later end date must complete the training required under subsections (1) and (2) of this section no later than December 30, 2018, unless exempt from training under subsection (2)(b) of this section.

All other providers must complete the training required under subsection (1) of this section before the subsidy payment begin date and must complete the training required under subsection (2) of this section within ninety days of the subsidy payment begin date, unless exempt from training under subsection (2)(b) of this section.

(4) A provider not related to the child, as described in WAC 110-16-0015 (3)(c), may need to annually renew portions of the training required in subsection (2) of this section, as determined by state or federal requirements.

Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following health and safety activity requirements:

(1) Provide to the department a completed WCCC In-home Health and Safety Agreement signed by the provider and parent(s) that verifies that the parent(s) and provider discussed and reviewed all of the topics and subject matter items contained in the agreement. The agreement must:

(a) Be signed and received by the department within forty-five days of completion of the training requirements in WAC 110-16-0025 (2)(a) or verification of the training exemption in WAC 110-16-0025 (2)(b); and

(b) Address health and safety practice topics including, but not limited to, emergency contacts, fire and emergency prevention, knowledge and treatment of children's illnesses and allergies, developmental and special needs, medication administration, safe transportation, child immunizations, and safe evacuation.

(2) Be available for scheduled visits in the child's home, which must occur at least annually. If necessary, as determined by the department, follow-up visits may occur on a more frequent basis.

(a) The purpose of the visits is to ensure the parent and provider are in compliance with the health and safety requirements described in this chapter, observe the child care environment and provider interactions with the child, and discuss health and safety practices.

(b) If the department is not able to successfully complete a scheduled visit with the provider in the child's home after three attempts, the provider will be deemed not in compliance with the requirements of this chapter.

(c) At the annual scheduled meeting, the provider must show:

(i) Proof of identity;

(ii) Proof of current certification for first aid and cardiopulmonary resuscitation (CPR) in the form of a card, certificate, or instructor letter;

(iii) Proof of vaccination against or acquired immunity for vaccine-preventable diseases for all children in care, only when the provider's children are on-site with the eligible children. Proof can include:

(A) A current and complete department of health certificate of immunization status (CIS) or certificate of exemption (COE) or other department of health approved form; or

(B) A current immunization record from the Washington state immunization information system (WA IIS);

(iv) Written permission from the parent to:

(A) Allow children to use a swimming pool;

(B) Administer medication for treatment of illnesses and allergies of the children in care. The parent must ensure the provider has the necessary medication, training, and equipment to properly manage a child's illness and prevent and respond to emergencies due to food and allergic reactions;

(C) Provide for and accommodate developmental and special needs; and

(D) Provide transportation for care, activities, and school when applicable.

(v) Written instructions for:

(A) Contacting alternative people who can provide care in the event of emergency or need for different care arrangements; and

(B) Disaster preparedness and evacuation of the home.

Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following health and safety activity practices:

(1) Prevention and control of infectious diseases. The provider must comply with the handwashing procedures described in this section or as described by the United States Center for Disease Control and Prevention.

(a) The following handwashing procedure must be used:

(i) Wet hands with warm water;

(ii) Apply soap to the hands;

(iii) Rub hands together to wash for at least twenty seconds;

(iv) Thoroughly rinse hands with water; and

(v) Dry hands with a paper towel, single-use cloth towel, or air hand dryer.

(b) The provider must wash his or her hands, following the procedure in (a) of this subsection, under the following circumstances:

(i) Immediately after arriving at the child's home to provide child care;

(ii) Immediately after toileting a child, after personal toileting, and before and after diapering a child;

(iii) Immediately after attending to an ill child;

(iv) Immediately before and after preparing, serving, or eating food;

(v) Immediately before and after giving medication or applying topical ointment;

(vi) Immediately after handling bodily fluids; and

(vii) As needed or required by the circumstances.

(c) The provider must encourage and assist children in care to wash their hands, using the process described in (a) of this subsection:

(i) Immediately after using the toilet and after diapering;

(ii) Immediately after outdoor play;

(iii) Immediately after handling, feeding, and playing with animals;

(iv) Immediately after touching bodily fluids such as blood or after nose blowing or sneezing;

(v) Immediately before and after eating or participating in food activities; and

(vi) As needed or required by the circumstances.

(2)(a) Prevention of sudden infant death syndrome and use of safe sleep practices. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following safe sleep practices:

(b) The provider must follow safe sleep practices when infants or toddlers are napping or sleeping by following the current standards of American Academy of Pediatrics concerning safe sleep practices, including SIDS/SUIDS risk reduction by:

(i) Discussing with parents the use of appropriate sleep equipment as recommended by the U.S. Consumer Product Safety Commission standards;

(ii) Supervising infants or toddlers by frequently making visual checks and being within sight or hearing range, including when an infant is going to sleep, is sleeping, or is waking up;

(iii) Placing an infant to sleep on his or her back or following the current standard of the American Academy of Pediatrics. If an infant turns over while sleeping, the provider must return the infant to his or her back until the infant is able to independently roll from back to front and front to back;

(iv) Not using a sleep positioning device unless directed to do so in writing by an infant's or toddler's health care provider;

(v) Providing sufficient lighting in the room in which the infant or toddler is sleeping to observe skin color;

(vi) Monitoring breathing patterns of an infant or toddler;

(vii) Allowing infants and toddlers to follow their own sleep patterns;

(viii) Not allowing blankets, stuffed toys, pillows, crib bumpers, or similar items inside an occupied crib, bassinet, or other equipment where infants commonly sleep;

(ix) Not allowing a blanket, bedding, or clothing to cover any portion of an infant or toddler's head or face while sleeping, and readjusting those items when necessary;

(x) Preventing infants or toddlers from getting too warm while sleeping, which may be shown by signs that include, but are not limited to, sweating, flushed, pale or hot and dry skin, warm to the touch, a sudden rise in temperature, vomiting, refusing to drink, a depressed fontanelle (skull soft spot), or irritability; and

(xi) Removing sleeping children from car seats (when used other than in a moving vehicle), swings, or similar equipment not designed for sleep.

(3) Medication administration. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following medication requirements:

(a) A child's parent, or an appointed designee, must provide training to the provider for special medical procedures that the provider may have to administer to the child. This training must be documented and signed by the provider and parent;

(b) The provider must not give medication to any child without written and signed consent from that child's parent or health care provider. The medication must be given according to the directions on the medication label using appropriately cleaned and sanitized medication measuring devices;

(c) The provider must not give or allow others to give any medication to a child for the purpose of sedating the child unless the medication has been prescribed for a specific child for that particular purpose by a health care professional; and

(d) Medication must be stored and maintained as directed on the packaging or prescription label, including applicable refrigeration requirements.

(4) Emergency preparedness and response planning for natural disaster and human-caused events. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following emergency preparedness and response planning requirements:

(a) The provider must visually scan indoor and outdoor areas to identify potential fire or burn hazards and discuss the removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make identified hazards completely inaccessible to a child, the provider must supervise the child to avoid injury from such identified hazards. Fire or burn hazards include, but are not limited to:

(i) Appliances and any heating device that has a hot surface when in use or still hot after use;

(ii) Open flame devices, candles, matches, and lighters. Open flame devices, candles, matches, and lighters must not be used during care hours; and

(iii) The lack of, or nonworking smoke detectors, fire extinguishers, or other fire prevention equipment.

(b) If there is a fire in the home during care hours, the provider's first responsibility is to evacuate the children in care to a safe place outside the home and then call 911;

(c) The provider and parent must have an agreed upon written home evacuation plan in the event of fire or an emergency or other disaster. The plan must be updated as needed and include, at a minimum:

(i) A floor plan that shows emergency exit pathways, doors, and windows;

(ii) A description for how the provider will evacuate all of the children, especially those who cannot walk;

(iii) A description for how the provider will account for all of the children in the home;

(iv) A designated, safe gathering spot or alternative short-term location for the children and provider pending arrival of the fire department, emergency response, or the parent;

(v) A description of what to take, such as a first-aid kit, medications, water and food; and

(vi) A description for how parents will be contacted after the emergency is over and arrange for pickup of children, if needed.

(d) To be properly prepared for a home evacuation or lockdown, the provider must be able to easily access emergency items including, but not limited to:

(i) A first-aid kit;

(ii) A working flashlight available for use as an emergency light source and extra batteries if the flashlight is powered by batteries;

(iii) A working telephone; and

(iv) Food, water, and a three-day supply of medication required by individual children.

(e) The provider must practice emergency and home evacuation drills with the children as follows:

(i) Earthquake and home evacuation drills once every six calendar months; and

(ii) A lockdown drill annually.

(5) Building and physical premises safety, including handling and storage of hazardous materials, identification of and protection from hazards, bodies of water, and vehicular traffic. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following building and physical premises safety requirements:

(a) The provider must visually scan indoor areas to identify potential child safety hazards and discuss removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make a hazard completely inaccessible to a child, the provider must supervise the child to avoid injury from such identified hazard. Child safety hazards include, but are not limited to:

(i) Tobacco products, cigarettes, and containers holding cigarette or cigar butts or ashes;

(ii) Firearms, guns, weapons, and ammunition;

(iii) Any equipment, material, or objects that may pose a risk of choking, aspiration, or ingestion. For purposes of this section, equipment, material, or objects with a diameter or overall dimension of three-quarter inch or less must be considered items that may pose a risk of choking, aspiration, or ingestion;

(iv) Straps, strings, cords, wires, or similar items capable of forming a loop around a child's neck that are not being used for a supervised activity;

(v) Poisons, chemicals, toxins, dangerous substances or any product labeled "Keep out of reach of children," including, but not limited to, fuel, lighter fluid, solvents, fertilizer, ice melt product, pool chemicals, pesticides, or insecticides, cleansers and detergents, air freshener or aerosols, sanitizing products, and disinfectants. These items must be kept separate and apart from food preparation areas, food items, and food supplies;

(vi) Personal grooming, cosmetics, and hygiene products including, but not limited to, nail polish remover, lotions, creams, toothpaste, powder, shampoo, conditioners, hair gels or hair sprays, bubble bath, or bath additives;

(vii) Alcohol, including closed and open containers;

(viii) Plastic bags and other suffocation hazards;

(ix) Equipment, materials, or products that may be hot enough to injure a child;

(x) Freezers, refrigerators, washers, dryers, compost bins, and other entrapment dangers;

(xi) Uneven walkways, damaged flooring or carpeting, or other tripping hazards;

(xii) Large objects capable of tipping or falling over, such as televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units;

(xiii) Indoor temperatures less than sixty-eight degrees Fahrenheit or greater than eighty-two degrees Fahrenheit;

(xiv) Water accessible to children that may be hotter than one hundred twenty degrees Fahrenheit (the provider should always feel hot water before using on or for a child);

(xv) Windows and stairs accessible to children; and

(xvi) Electrical outlets, power strips, and electrical/extension cords.

(b) During care hours, the provider must not allow others who may be in the presence of the children to:

(i) Possess or use illegal drugs;

(ii) Consume or use alcohol or cannabis products in any form;

(iii) Be under the influence of alcohol, cannabis products in any form, illegal drugs, or misused prescription drugs; and

(iv) Smoke or vape in the home, vehicle, or in close proximity to a child.

(c) The provider must visually scan outdoor play areas to identify potential child safety hazards and discuss removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make a hazard completely inaccessible to a child, the provider must supervise the child to avoid injury. Outdoor hazards include, but are not limited to:

(i) Outdoor play area or equipment that is not clean, not in good condition, or not maintained or safe for a child of a certain age to use;

(ii) Bouncing equipment including, but not limited to, trampolines, rebounders and inflatable equipment. This requirement does not apply to bounce balls designed to be used by individual children;

(iii) Toxic plants or plants with poisonous leaves such as foxglove, morning glory, tomato, potato, rhubarb, or poison ivy;

(iv) Extreme weather conditions such as:

(A) Heat in excess of one hundred degrees Fahrenheit;

(B) Cold below twenty degrees Fahrenheit;

(C) Lightning storm, tornado, hurricane or flooding; and

(D) Air quality warnings by public health or other authorities.

(v) Bodies of water such as:

(A) Swimming pools when not being used, portable wading pools, hot tubs, spas, and jet tubs;

(B) Ponds, lakes, storm retention ponds, ditches, fountains, fish ponds, landscape pools, or similar bodies of water; and

(C) Uncovered wells, septic tanks, below grade storage tanks, farm manure ponds, or other similar hazards.

(vi) Streets, alleyways, parking lots or garages.

(6) Child development, including the major domains, cognitive, social, emotional, physical development, and approaches to learning. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following child development requirements:

(a) The provider must be attentive and responsive to children's developmental needs by engaging in activities such as:

(i) Asking children developmentally appropriate questions and allowing children to answer without interruption; and

(ii) Talking with children about what they are doing during activities and using teaching techniques such as:

(A) Self-talk: The provider talks about what he or she is doing, seeing, eating, touching, or thinking as he or she is involved in that activity;

(B) Parallel talk: The provider talks about what the children are doing, seeing, eating, or touching as the children are engaging in those activities; and

(C) Language expansion: The provider adds detail or new words to build on ideas that children are expressing.

(b) A provider caring for preschool and school-age children can use language that develops and encourages reasoning skills by using techniques, such as:

(i) Talking about logical relationships or concepts during the day including, but not limited to, the daily schedule, the differences and similarities between objects, or people in the classroom;

(ii) Introducing concepts using guiding questions that encourage children to figure out cause and effect relationships;

(iii) Providing opportunities for reasoning and writing activities; and

(iv) Asking open ended questions to help children improve skills and acquire knowledge.

(c) The provider can encourage language development and acquisition for non-English speaking children by using techniques such as:

(i) Using words in various languages to talk about the routines;

(ii) Reading books out loud or using audio books; and

(iii) Playing games in different languages.

(d) The provider may offer developmentally and culturally responsive activities that offer a range of auditory, visual, and movement opportunities while using techniques such as:

(i) Encouraging children's engagement;

(ii) Promoting each child's self-help and social skills;

(iii) Organizing around children's interests and ideas;

(iv) Allowing choice, exploration, and experimentation;

(v) Promoting active and play-based learning experiences;

(vi) Allowing children freedom to move during activities;

(vii) Ensuring children's expression;

(viii) Utilizing interesting and creative materials;

(ix) Offering hands-on opportunities for children; and

(x) Providing opportunities for children to direct their own learning and problem solving rather than teacher-directed activities.

(e) The provider can communicate with children using verbal and nonverbal strategies that encourage healthy, culturally responsive child development by using techniques including, but not limited to:

(i) Using a calm and respectful tone of voice;

(ii) Using positive language to explain what children can do and giving descriptive feedback;

(iii) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group;

(iv) Greeting and saying goodbye to children;

(v) Using facial expressions such as smiling, laughing, and enthusiasm to match a child's mood;

(vi) Using physical proximity in a culturally responsive way to speak to children at their eye level and with appropriate warm physical contact including, but not limited to, gently touching a hand or shoulder, sitting next to a child, or holding younger children close while communicating;

(vii) Validating children's feelings and showing tolerance for mistakes;

(viii) Being responsive and listening to children's requests and questions, encouraging children to share experiences, ideas, and feelings;

(ix) Learning about their families, cultures, individual interests, ideas, questions, and theories;

(x) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings; and

(xi) Interacting with other adults in a positive, respectful manner.

(f) The provider must encourage positive interactions between and among children with techniques including, but not limited to:

(i) Giving children several chances a day to interact with each other while playing or completing routine tasks;

(ii) Demonstrating and modeling social skills;

(iii) Encouraging shy or socially isolated children to engage with other children;

(iv) Helping children understand feelings of others; and

(v) Encouraging and facilitating play between children with special needs and others.

(7) Supervision of children. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following supervision requirements:

(a) The provider must supervise children during care hours. Supervising children requires the provider to engage in specific actions including, but not limited to:

(i) Scanning the environment, looking and listening for both verbal and nonverbal cues to anticipate problems and planning accordingly;

(ii) Positioning oneself to supervise areas accessible to children; and

(iii) Considering the following when deciding whether increased supervision is needed:

(A) Ages of children;

(B) Individual differences and abilities of children;

(C) Layout of the home and play areas; and

(D) Risks associated with the activities children are engaged in.

(b) The provider must provide increased supervision when the children:

(i) Interact with pets or animals;

(ii) Engage in water or sand play;

(iii) Play in an area in close proximity to a body of water;

(iv) Use a route to access an outdoor play area when the area is not next to the home;

(v) Engage in activities in the kitchen;

(vi) Ride on public transportation;

(vii) Engage in outdoor play; and

(viii) Participate in field trips.

(c) The provider must ensure no infant or child is left unattended during:

(i) Diapering;

(ii) Bottle feeding; or

(iii) Tummy time.

(d) The provider must not allow any person other than a child's parent or authorized individual to have unsupervised access to a child during care hours. For the purpose of this section, individuals authorized to have unsupervised access include:

(i) A government representative including emergency responders who have specific and verifiable authority for access; and

(ii) A person, such as a family member, family friend, or the child's therapist or health care provider, authorized in writing or over the telephone by a child's parent.

(8) Child transportation. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following child transportation requirements:

When transporting children, the provider must:

(a) Comply with RCW 46.61.687 and other applicable laws that pertain to child restraints and car seats;

(b) Drive only with a valid driver's license;

(c) Have in effect a current motor vehicle insurance policy that provides coverage for the driver, the vehicle, and all other occupants;

(d) Ensure that children are accounted for when entering and exiting a vehicle for transport to and from any destination; and

(e) Never leave the children by themselves or otherwise unattended in a vehicle.

PART IV

COMPLIANCE

(1) If the department determines a provider has failed to comply with a requirement described in this chapter, the department may do one or more of the following:

(a) Offer and provide technical assistance for the purpose of correcting noncompliance issues that arise from WAC 110-16-0015, 110-16-0025, 110-16-0030, or 110-16-0035;

(b) Require an in-home compliance agreement (ICA) for the purpose of correcting noncompliance issues;

(c) Take steps to initiate termination of the provider's participation in the WCCC subsidy programs; and

(d) Take steps to initiate a determination of child care subsidy payment discrepancies pursuant to WAC 110-15-0266 that may have resulted from noncompliance issues.

(2) An in-home compliance agreement (ICA) must contain the following:

(a) A description of the noncompliance issues and the regulations or statutes violated;

(b) A statement from the provider describing the provider's proposed plan to comply with the regulations or statutes;

(c) The date by which the noncompliance issues must be corrected;

(d) A statement of other corrective action that may be required if compliance does not occur by the specified date;

(e) The signatures of the provider and the department representative agreeing to the terms of the ICA; and

(f) A statement from the department indicating whether the corrective action requirements were satisfactorily met.

(3) The length of time the department may allow for the provider to make the corrections necessary to be in compliance will be determined by the department with consideration given to:

(a) The seriousness of the noncompliance; and

(b) The threat to the health, safety, and well-being of the children in care.