S-3879.4  _______________________________________________

 

                         SENATE BILL 6230

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senators Kohl, Fairley and Thibaudeau

 

Read first time 01/09/96.  Referred to Committee on Human Services & Corrections.

 

Requiring reporting of actions taken against out-of-home care providers.



    AN ACT Relating to out-of-home care; amending RCW 74.13.090; adding new sections to chapter 74.15 RCW; creating a new section; and providing an effective date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  It is the intent of the legislature by this act to increase the department's efforts in informing the public and interested parties about the department's actions regarding licensees of out‑of‑home care.  It is also the intent to provide consumers of child care services information of a significant nature to assist them in making rational choices regarding the people who care for their children.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 74.15 RCW to read as follows:

    (1) In the event of a denial of a license, or a suspension, revocation, or nonrenewal, the secretary shall within forty-eight hours, excluding weekends and holidays, report the event to:

    (a) The person or agency who brought to the secretary's attention information that resulted in the initiation of the case;

    (b) Appropriate organizations, public or private, that serve the professions;

    (c) The public, through press releases to appropriate local news media and the major news wire services; and

    (d) Counterpart licensing departments in other states, or associations of state licensing departments.

    (2) If the license holder or applicant is later found to have not committed acts or conduct justifying the department's action, the secretary shall forthwith prepare a notice of public exoneration of the licensee or applicant.

    (3) In all cases the secretary shall retain all records relating to licensing actions as permanent records.

    (4) This section shall not be construed to require the reporting of any information that is exempt from public disclosure under chapter 42.17 RCW.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 74.15 RCW to read as follows:

    (1) The department shall compile quarterly reports summarizing all complaints alleging serious issues affecting the health or safety of children in the care of family day-care providers and day-care centers.  The reports shall be provided to the relevant committees of the legislature, the child care coordinating committee, local child care resource and referral agencies, and upon request to the public.

    (2) The reports shall contain:  (a) The reporting date of the incidents; (b) the nature and severity of the complaint; (c) the action taken by the department; and (d) the final resolution of the complaint.  If a complaint has not been resolved during the reporting period, that fact shall be noted and shall be followed up in succeeding reports.

    (3) Upon request, the department shall provide all relevant information regarding individual complaints alleging serious issues affecting the health or safety of children in the care of family day-care providers and day-care centers.  The department shall respond to the inquiries regardless of whether the complaint is still pending or the investigation has been closed.

    (4) The department shall adopt rules as necessary to implement this section.

 

    Sec. 4.  RCW 74.13.090 and 1995 c 399 s 204 are each amended to read as follows:

    (1) There is established a child care coordinating committee to provide coordination and communication between state agencies responsible for child care and early childhood education services.  The child care coordinating committee shall be composed of not less than seventeen nor more than thirty-three members who shall include:

    (a) One representative each from the department of social and health services, the department of community, trade, and economic development, the office of the superintendent of public instruction, and any other agency having responsibility for regulation, provision, or funding of child care services in the state;

    (b) One representative from the department of labor and industries;

    (c) One representative from the department of revenue;

    (d) One representative from the employment security department;

    (e) One representative from the department of personnel;

    (f) One representative from the department of health;

    (g) At least one representative of family home child care providers and one representative of center care providers;

    (h) At least one representative of early childhood development experts;

    (i) At least one representative of school districts and teachers involved in the provision of child care and preschool programs;

    (j) At least one parent education specialist;

    (k) At least one representative of resource and referral programs;

    (l) One pediatric or other health professional;

    (m) At least one representative of college or university child care providers;

    (n) At least one representative of a citizen group concerned with child care;

    (o) At least one representative of a labor organization;

    (p) At least one representative of a head start - early childhood education assistance program agency;

    (q) At least one employer who provides child care assistance to employees;

    (r) Parents of children receiving, or in need of, child care, half of whom shall be parents needing or receiving subsidized child care and half of whom shall be parents who are able to pay for child care.

    The named state agencies shall select their representative to the child care coordinating committee.  The department of social and health services shall select the remaining members, considering recommendations from lists submitted by professional associations and other interest groups until such time as the committee adopts a member selection process.  The department shall use any federal funds which may become available to accomplish the purposes of RCW 74.13.085 through 74.13.095.

    The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee.  The secretary of social and health services shall appoint a temporary chair until the committee has adopted policies and elected a chair accordingly.  Child care coordinating committee members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

    (2) To the extent possible within available funds, the child care coordinating committee shall:

    (a) Serve as an advisory coordinator for all state agencies responsible for early childhood or child care programs for the purpose of improving communication and interagency coordination;

    (b) Annually review state programs and make recommendations to the agencies and the legislature which will maximize funding and promote furtherance of the policies set forth in RCW 74.13.085.  Reports shall be provided to all appropriate committees of the legislature by December 1 of each year.  At a minimum the committee shall:

    (i) Review and propose changes to the child care subsidy system ((in its December 1989 report));

    (ii) Review alternative models for child care service systems, in the context of the policies set forth in RCW 74.13.085, and recommend to the legislature a new child care service structure; and

    (iii) Review options and make recommendations on the feasibility of establishing an allocation for day care facilities when constructing state buildings;

    (c) Review department of social and health services administration of the child care expansion grant program described in RCW 74.13.095;

    (d) Review rules regarding child care facilities and services for the purpose of identifying those which unnecessarily obstruct the availability and affordability of child care in the state;

    (e) Advise and assist the office of child care policy in implementing his or her duties under RCW 74.13.0903;

    (f) Perform other functions to improve the quantity and quality of child care in the state, including compliance with existing and future prerequisites for federal funding; ((and))

    (g) Advise and assist the department of personnel in its responsibility for establishing policies and procedures that provide for the development of quality child care programs for state employees; and

    (h) Review the department's quarterly reports, required under section 3 of this act, to ensure the department's compliance with the intent of section 3 of this act.  The committee shall make recommendations to the legislature, as necessary, to improve the flow of information to the public.

 

    NEW SECTION.  Sec. 5.  This act shall take effect January 1, 1997.

 


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