SB 5625 -
By Representative Roberts
ADOPTED 04/20/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.215.260 and 2006 c 265 s 307 are each amended to
read as follows:
(1) Each agency shall make application for a license or ((renewal
of)) the continuation of a full license to the department on forms
prescribed by the department. Upon receipt of such application, the
department shall either grant or deny a license or continuation of a
full license within ninety days. A license or continuation shall be
granted if the agency meets the minimum requirements set forth in this
chapter and the departmental requirements consistent with ((the
[this])) this chapter, except that an initial license may be issued as
provided in RCW 43.215.280. The department shall consider whether an
agency is in good standing, as defined in subsection (4)(b) of this
section, before granting a continuation of a full license. Full
licenses provided for in this chapter shall ((be issued for a period of
three years)) continue to remain valid so long as the licensee meets
the requirements for a nonexpiring license in subsection (2) of this
section. The licensee, however, shall advise the director of any
material change in circumstances which might constitute grounds for
reclassification of license as to category. The license issued under
this chapter is not transferable and applies only to the licensee and
the location stated in the application. For licensed family day care
homes having an acceptable history of child care, the license may
remain in effect for two weeks after a move.
(2) In order to qualify for a nonexpiring full license, a licensee
must meet the following requirements on an annual basis as established
from the date of initial licensure:
(a) Submit the annual licensing fee;
(b) Submit a declaration to the department indicating the
licensee's intent to continue operating a licensed child care program,
or the intent to cease operation on a date certain;
(c) Submit a declaration of compliance with all licensing rules;
and
(d) Submit background check applications on the schedule
established by the department.
(3) If a licensee fails to meet the requirements in subsection (2)
of this section for continuation of a full license the license expires
and the licensee must submit a new application for licensure under this
chapter.
(4)(a) Nothing about the nonexpiring license process may interfere
with the department's established monitoring practice.
(b) For the purpose of this section, an agency is considered to be
in good standing if in the intervening period between monitoring visits
the agency does not have any of the following:
(i) Valid complaints;
(ii) A history of noncompliance related to those valid complaints
or pending from prior monitoring visits; or
(iii) Other information that when evaluated would result in a
finding of noncompliance with this section.
(c) The department shall consider whether an agency is in good
standing when determining the most appropriate approach and process for
monitoring visits, for the purposes of administrative efficiency while
protecting children, consistent with this chapter. If the department
determines that an agency is not in good standing, the department may
issue a probationary license, as provided in RCW 43.215.290.
Sec. 2 RCW 43.215.290 and 2006 c 265 s 310 are each amended to
read as follows:
(1) The department may issue a probationary license to a licensee
who has had ((a)) an initial, expiring, or other license but is
temporarily unable to comply with a rule or has been the subject of
multiple complaints or concerns about noncompliance if:
(a) The noncompliance does not present an immediate threat to the
health and well-being of the children but would be likely to do so if
allowed to continue; and
(b) The licensee has a plan approved by the department to correct
the area of noncompliance within the probationary period.
(2) Before issuing a probationary license, the department shall, in
writing, refer the licensee to the child care resource and referral
network or other appropriate resource for technical assistance. The
department may issue a probationary license pursuant to subsection (1)
of this section if within fifteen working days after the department has
sent its referral:
(a) The licensee, in writing, has refused the department's referral
for technical assistance; or
(b) The licensee has failed to respond in writing to the
department's referral for technical assistance.
(3) If the licensee accepts the department's referral for technical
assistance issued under subsection (2) of this section, the department,
the licensee, and the technical assistance provider shall meet within
thirty days after the licensee's acceptance. The licensee and the
department, in consultation with the technical assistance provider,
shall develop a plan to correct the areas of noncompliance identified
by the department. If, after sixty days, the licensee has not
corrected the areas of noncompliance identified in the plan developed
in consultation with the technical assistance provider, the department
may issue a probationary license pursuant to subsection (1) of this
section.
(4) A probationary license may be issued for up to six months, and
at the discretion of the department it may be extended for an
additional six months. The department shall immediately terminate the
probationary license, if at any time the noncompliance for which the
probationary license was issued presents an immediate threat to the
health or well-being of the children.
(((3))) (5) The department may, at any time, issue a probationary
license for due cause that states the conditions of probation.
(((4))) (6) An existing license is invalidated when a probationary
license is issued.
(((5))) (7) At the expiration of the probationary license, the
department shall reinstate the original license for the remainder of
its term, issue a new license, or revoke the original license.
(((6))) (8) A right to an adjudicative proceeding shall not accrue
to the licensee whose license has been placed on probationary status
unless the licensee does not agree with the placement on probationary
status and the department then suspends, revokes, or modifies the
license.
Sec. 3 RCW 43.215.270 and 2006 c 265 s 308 are each amended to
read as follows:
(1) If a licensee desires to apply for a renewal of its license, a
request for a renewal shall be filed ninety days before the expiration
date of the license. If the department has failed to act at the time
of the expiration date of the license, the license shall continue in
effect until such time as the department acts.
(2) License renewal under this section does not apply to
nonexpiring licenses described in RCW 43.215.260."
Correct the title.
EFFECT: (1) Clarifies that nothing about the nonexpiring license
process shall interfere with the department's established monitoring
practice.
(2) Defines an agency in good standing as one that does not have:
(a) Complaints;
(b) History of noncompliance related to those complaints or pending
from prior monitoring visits; or
(c) Other information that when evaluated may result in a finding
of noncompliance.
(3) Requires DEL to consider whether an agency is in good standing
when determining the most appropriate approach and process for
monitoring visits.
(4) Clarifies that the license renewal process does not apply to
nonexpiring licenses.
(5) Clarifies that the DEL is authorized to issue a probationary
license to an agency that is not in good standing.
(6) Requires the DEL to provide licensees who are not in good
standing with a written referral to the child care resource and
referral network or other appropriate resources for technical
assistance prior to issuing a probationary license.
(7) Requires the DEL, the licensee, and the technical assistance
provider to meet to develop a plan to correct the areas of
noncompliance identified by DEL within thirty days after the licensee
accepts the referral.
(8) Authorizes the DEL to issue a probationary license if:
(a) Within 15 working days after the department has sent its
referral:
(i) The licensee has provided the DEL with written refusal of the
referral; or
(ii) The licensee has failed to respond in writing to the DEL's
referral.
(b) After 60 days, the licensee has not corrected the areas of
noncompliance in consultation with the technical assistance provider.
(9) Requires the DEL to consider whether an agency is in good
standing before granting a continuation of full license.