SHB 1756 -
By Committee on Human Services & Corrections
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 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 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 compliance 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."
SHB 1756 -
By Committee on Human Services & Corrections
NOT CONSIDERED 05/25/2011
On page 1, line 2 of the title, after "providers;" strike the remainder of the title and insert "and amending RCW 43.215.290."