ESSB 5806 -
By Representative Hinkle
ADOPTED 04/13/2005
On page 1, after line 18, insert the following:
"NEW SECTION. Sec. 2 A new section is added to chapter 74.15 RCW
to read as follows:
For the purposes of this act, "enforcement action" means denial,
suspension, revocation, modification, or nonrenewal of a license
pursuant to RCW 74.15.130(1) or assessment of civil monetary penalties
pursuant to RCW 74.15.130(4)."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Beginning on page 3, line 33, strike all of section 5 and insert the following:
"Sec. 5 RCW 74.15.130 and 1998 c 314 s 6 are each amended to read
as follows:
(1) An agency may be denied a license, or any license issued
pursuant to chapter 74.15 RCW and RCW 74.13.031 may be suspended,
revoked, modified, or not renewed by the secretary upon proof (a) that
the agency has failed or refused to comply with the provisions of
chapter 74.15 RCW and RCW 74.13.031 or the requirements promulgated
pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031; or
(b) that the conditions required for the issuance of a license under
chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect
to such licenses. RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification and provides the right to an
adjudicative proceeding.
(2) In any adjudicative proceeding regarding the denial,
modification, suspension, or revocation of a foster family home
license, the department's decision shall be upheld if there is
reasonable cause to believe that:
(a) The applicant or licensee lacks the character, suitability, or
competence to care for children placed in out-of-home care, however, no
unfounded report of child abuse or neglect may be used to deny
employment or a license;
(b) The applicant or licensee has failed or refused to comply with
any provision of chapter 74.15 RCW, RCW 74.13.031, or the requirements
adopted pursuant to such provisions; or
(c) The conditions required for issuance of a license under chapter
74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such
licenses.
(3) In any adjudicative proceeding regarding the denial,
modification, suspension, or revocation of any license under this
chapter, other than a foster family home license, the department's
decision shall be upheld if it is supported by a preponderance of the
evidence.
(4) The department may assess civil monetary penalties upon proof
that an agency has failed or refused to comply with the rules adopted
under the provisions of this chapter and RCW 74.13.031 or that an
agency subject to licensing under this chapter and RCW 74.13.031 is
operating without a license except that civil monetary penalties shall
not be levied against a licensed foster home. Monetary penalties
levied against unlicensed agencies that submit an application for
licensure within thirty days of notification and subsequently become
licensed will be forgiven. These penalties may be assessed in addition
to or in lieu of other disciplinary actions. Civil monetary penalties,
if imposed, may be assessed and collected, with interest, for each day
an agency is or was out of compliance. Civil monetary penalties shall
not exceed seventy-five dollars per violation for a family day-care
home and two hundred fifty dollars per violation for group homes, child
day-care centers, and child-placing agencies. Each day upon which the
same or substantially similar action occurs is a separate violation
subject to the assessment of a separate penalty. The department shall
provide a notification period before a monetary penalty is effective
and may forgive the penalty levied if the agency comes into compliance
during this period. The department may suspend, revoke, or not renew
a license for failure to pay a civil monetary penalty it has assessed
pursuant to this chapter within ten days after such assessment becomes
final. Chapter 43.20A RCW governs notice of a civil monetary penalty
and provides the right of an adjudicative proceeding. The
preponderance of evidence standard shall apply in adjudicative
proceedings related to assessment of civil monetary penalties.
(5)(a) In addition to or in lieu of an enforcement action being
taken, the department may place a child day-care center or family day-care provider on nonreferral status if the center or provider has
failed or refused to comply with this chapter or rules adopted under
this chapter or an enforcement action has been taken. The nonreferral
status may continue until the department determines that: (i) No
enforcement action is appropriate; or (ii) a corrective action plan has
been successfully concluded.
(b) Whenever a child day-care center or family day-care provider is
placed on nonreferral status, the department shall provide written
notification to the child day-care center or family day-care provider.
(6) The department shall notify appropriate public and private
child care resource and referral agencies of the department's decision
to: (a) Take an enforcement action against a child day-care center or
family day-care provider; or (b) place or remove a child day-care
center or family day-care provider on nonreferral status."
EFFECT: Defines "enforcement action" as denial, suspension,
revocation, modification, or nonrenewal of a license pursuant to
subsection (1) of RCW 74.15.130 or assessment of civil monetary
penalties pursuant to subsection (4) of RCW 74.15.130.
No longer provides that an agency licensed by the Department of
Social and Health Services (DSHS), as defined in RCW 74.15.020, that
continues to operate following a license revocation is subject to the
maximum penalty for each day of operation following the revocation.
No longer makes provision for placing a child daycare center or
family daycare provider on stop placement status.
Provides that the DSHS may place a child daycare center or family
daycare provider on nonreferral status in addition to or in lieu of an
enforcement action being taken.
Removes the following condition from the conditions provided in the
bill upon which nonreferral status is to be discontinued: The
determination by the DSHS that a complaint is not founded or valid.
Replaces language in the bill relating to notification of Child
Care Resource and Referral agencies of the DSHS' decisions to take
enforcement action to provide that whenever a child daycare center or
family daycare provider is placed on nonreferral status, the DSHS is
required to provide written notification to the center or provider, as
well as notify appropriate public and private Child Care Resource and
Referral agencies of the DSHS' decision to: Take an enforcement action
against a center or provider; or place or remove a center or provider
on nonreferral status.
No longer provides that whenever an enforcement action is taken,
the DSHS is required to notify the child care agency subject to the
action in writing by personal service within 10 business days.