BILL REQ. #:  S-1219.1 

Read first time 02/07/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to child care services; amending RCW 74.15.130; adding new sections to chapter 74.15 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The people of the state of Washington have an interest in obtaining access to information that is relevant to making informed decisions about the persons with whom they entrust the care of their children.
     The purpose of this act is to establish a system, consistent throughout the state, through which parents, guardians, and other persons acting in loco parentis can obtain certain information about child care providers. The purpose of this act is also to require child day-care providers and family day-care providers to carry a minimal level of liability insurance or to give parents notice that they do not carry such insurance.

NEW SECTION.  Sec. 2   A new section is added to chapter 74.15 RCW to read as follows:
     (1) The department shall establish and maintain a toll-free telephone number, and an interactive web-based system through which persons may obtain information regarding child day-care centers and family day-care providers. This number shall be available twenty-four hours a day for persons to request information. The department shall respond to recorded messages left at the number within two business days. The number shall be published in reasonably available printed and electronic media. The number shall be easily identifiable as a number through which persons may obtain information regarding child day-care centers and family day-care providers as set forth in this section.
     (2) Through the toll-free telephone line established by this section, the department shall provide information to callers about: (a) Whether a day-care provider is licensed; (b) whether a day-care provider's license is current; (c) the general nature of any enforcement against the providers; (d) how to report suspected or observed noncompliance with licensing requirements; (e) how to report alleged abuse or neglect in a day care; (f) how to report health, safety, and welfare concerns in a day care; (g) how to receive follow-up assistance, including information on the office of the family and children's ombudsman; and (h) how to receive referral information on other agencies or entities that may be of further assistance to the caller.
     (3) Beginning in January 2006, the department shall print the toll-free number established by this section on the face of new licenses issued to child day-care centers and family day-care providers.
     (4) This section shall not be construed to require the disclosure 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:
     Every child day-care center and family day-care provider shall prominently post the following items, clearly visible to parents and staff:
     (1) The license issued under this chapter;
     (2) The department's toll-free telephone number established by section 2 of this act; and
     (3) A notice that inspection reports and any notices of enforcement actions for the previous three years are available from the licensee and the department.

NEW SECTION.  Sec. 4   A new section is added to chapter 74.15 RCW to read as follows:
     (1) Every child day-care center and family day-care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after the effective date of this act.
     (2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day-care centers and family day-care providers consistent with chapter 42.17 RCW. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.

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. An agency that continues to operate following a license revocation is subject to the maximum penalty for each day of operation following the revocation. 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) The department may place a child day-care center or family day-care provider on nonreferral status or stop placement 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 or stop placement status may continue until the department determines that: (i) No enforcement action is appropriate; (ii) a complaint is not founded or valid; or (iii) a corrective action plan has been successfully concluded. The department shall then remove the center or provider from nonreferral status and provide appropriate notice to the public and private child care resource and referral agencies.
     (b) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to take an enforcement action against the center or provider.
     (6) Whenever an enforcement action is taken, the department shall notify the child care agency subject to the action in writing by personal service within ten business days.

NEW SECTION.  Sec. 6   A new section is added to chapter 74.15 RCW to read as follows:
     (1) Every licensed child day-care center and family day-care provider shall, at the time of licensure or renewal and at any inspection, provide to the department proof that the licensee has day-care insurance as defined in RCW 48.88.020 or for day-care centers, is self-insured pursuant to chapter 48.90 RCW. Liability limits under this section shall be the same as set forth in RCW 48.88.050.
     (2) The licensee shall notify the department when coverage has been terminated. The licensee shall post at the day care, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated. Within thirty days of lapse or termination, the licensee shall obtain from the parent an affidavit or declaration signed by him or her that states he or she has been informed coverage has lapsed or terminated.
     (3) The department may take action as provided in RCW 74.15.130 if the licensee fails to maintain in full force and effect the insurance required by this section.
     (4) This section applies to child day-care centers and family day-care providers holding licenses, initial licenses, and probationary licenses under this chapter.
     (5) A child day-care center or family day-care provider holding a license under this chapter on the effective date of this act is not required to be in compliance with this section until the time of renewal of the license or until January 1, 2006, whichever is sooner.
     (6) Instead of providing proof of insurance in compliance with this chapter, family day-care providers may maintain a file of affidavits or declarations signed by each parent with a child enrolled in family day care. The affidavit or declaration shall state that the parent has been informed that the family day-care provider does not carry day-care insurance and that the parent has been informed that the day-care insurance, if any, of the owner of the property or the homeowners' association, as appropriate, may not provide coverage for losses arising out of, or in connection with, the operation of the family day-care provider, except to the extent that the losses are caused by, or result from, an action or omission by the owner of the property or the homeowners' association, for which the owner of the property or the homeowners' association would otherwise be liable under the law. These affidavits or declarations shall be on a form provided by the department and shall be reviewed at each licensing inspection and at the time of licensure and renewal.
     (7) Noncompliance or compliance with the provisions of this section shall not constitute evidence of liability or nonliability in any injury litigation.