BILL REQ. #: S-0377.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Human Services & Corrections.
AN ACT Relating to authorizing the use of short-term, on-site child care for the children of facility employees; and reenacting and amending RCW 43.215.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.215.010 and 2007 c 415 s 2 and 2007 c 394 s 2 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association,
corporation, or facility that provides child care and early learning
services outside a child's own home and includes the following
irrespective of whether there is compensation to the agency:
(a) "Child day care center" means an agency that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and
services for child care; state, federal, private, and nonprofit
preschool; child care subsidies; child care resource and referral;
parental education and support; and training and professional
development for early learning professionals;
(c) "Family day care provider" means a child day care provider who
regularly provides child day care and early learning services for not
more than twelve children in the provider's home in the family living
quarters;
(d) "Nongovernmental private-public partnership" means an entity
registered as a nonprofit corporation in Washington state with a
primary focus on early learning, school readiness, and parental
support, and an ability to raise a minimum of five million dollars in
contributions;
(e) "Service provider" means the entity that operates a community
facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as
well as the natural and other legally adopted children of such persons,
and other relatives of the adoptive parents in accordance with state
law; or
(iv) Spouses of any persons named in (i), (ii), or (iii) of this
subsection (2)(a), even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where the person providing care
for periods of less than twenty-four hours does not conduct such
activity on an ongoing, regularly scheduled basis for the purpose of
engaging in business, which includes, but is not limited to,
advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one
another's children;
(e) Nursery schools or kindergartens that are engaged primarily in
educational work with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily
in education, operate on a definite school year schedule, follow a
stated academic curriculum, accept only school-age children, and do not
accept custody of children;
(g) Seasonal camps of three months' or less duration engaged
primarily in recreational or educational activities;
(h) Facilities providing child care ((to children)) for periods of
less than twenty-four hours ((whose)) when a parent((s)) or legal
guardian of the child remains on the premises ((to participate)) of the
facility for the purpose of participating in:
(i) Activities other than employment; or
(ii) Employment of up to two hours per day when the facility is
operated by a nonprofit entity that also operates a licensed child care
program at the same facility in another location or at another
facility;
(i) Any agency having been in operation in this state ten years
before June 8, 1967, and not seeking or accepting moneys or assistance
from any state or federal agency, and is supported in part by an
endowment or trust fund;
(j) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(k) An agency located on a federal military reservation, except
where the military authorities request that such agency be subject to
the licensing requirements of this chapter;
(l) An agency that offers early learning and support services, such
as parent education, and does not provide child care services on a
regular basis.
(3) "Applicant" means a person who requests or seeks employment in
an agency.
(4) "Department" means the department of early learning.
(5) "Director" means the director of the department.
(6) "Employer" means a person or business that engages the services
of one or more people, especially for wages or salary to work in an
agency.
(7) "Enforcement action" means denial, suspension, revocation,
modification, or nonrenewal of a license pursuant to RCW 43.215.300(1)
or assessment of civil monetary penalties pursuant to RCW
43.215.300(3).
(8) "Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but
is out of compliance with licensing standards.
(9) "Requirement" means any rule, regulation, or standard of care
to be maintained by an agency.