Read first time 02/02/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to authorizing implementation of a nonexpiring license for early learning providers; and amending RCW 43.215.260, 43.215.290, and 43.215.270.

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

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.