PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Repealing WAC 440-44-026 Fees for family child care homes and 440-44-025 Fees for child care centers.
Purpose: The purpose is to migrate WAC 440-44-026 which governs fees for family child care homes. It will be incorporated into chapter 388-155 WAC so that all the rules for family child care homes will be in one chapter. The new number is WAC 388-155-083. Also, this will migrate WAC 440-44-025 that governs fees for child care centers. This WAC will be moved to 388-150-070 [(1)](c). This will now read "The annual licensing fee. The fee is forty eight dollars for the first twelve children plus four dollars for each additional child."
Statutory Authority for Adoption: RCW 43.20B.110.
Statute Being Implemented: RCW 43.20B.110.
Summary: The WAC governing fees in family child care homes and centers will be moved to the chapter containing the other rules for family child care homes.
Reasons Supporting Proposal: This is in line with the governor's directive to streamline and consolidate the WACs.
Name of Agency Personnel Responsible for Drafting: Leslie Edwards-Hill, 14th and Jefferson, Olympia, Washington 98504, (360) 902-8041; Implementation and Enforcement: Sophia Kouidou-Giles, 14th and Jefferson, Olympia, Washington 98504, (360) 902-8038.
Name of Proponent: Department of Social and Health Services, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The comments on the proposed change have been extremely positive. This change will consolidate the rules for child care homes.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The department is migrating all its WACs into Title 388 WAC. The purpose of this rule making is to move fee sections pertaining to fees for family child care homes and child care centers into the appropriate chapters within Title 388 WAC making them easier for licensees to find.
Proposal Changes the Following Existing Rules: This proposal repeals two fee sections from Title 440 WAC and moves them to Title 388 WAC. Technical corrections are also made.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no new costs on businesses. It only moves fee sections from Title 440 WAC into appropriate sections of Title 388 WAC.
RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the definition of a significant legislative rule.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 24, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by October 17, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 24, 2000.
Date of Intended Adoption: No sooner than October 25, 2000.
August 16, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2818.1(1) The person or organization applying for a license or relicensure under this chapter and responsible for operating the center shall comply with application procedures the department prescribes and submit to the department:
(a) A completed department-supplied application for child care agency form, including required attachments, ninety or more days before the:
(i) Expiration of a current license;
(ii) Opening date of a new center;
(iii) Relocation of a center;
(iv) Change of the licensee; or
(v) Change of license category.
(b) A completed criminal history and background inquiry form for each staff person or volunteer having unsupervised or regular access to the child in care; and
(c) The annual licensing fee. The fee is forty-eight dollars for the first twelve children plus four dollars for each additional child.
(2) In addition to the required application materials specified under subsection (1) of this section, the applicant for initial licensure shall submit to the department:
(a) An employment and education resume of the person responsible for the active management of the center and the program supervisor;
(b) Diploma or education transcript copies of the program supervisor; and
(c) Three professional references each for the licensee, director, and program supervisor.
(3) The applicant for a license under this chapter shall be twenty-one years of age or older.
(4) The applicant, licensee, and director shall attend department-provided orientation training.
(5) The department may, at any time, require additional information from the applicant, licensee, staff person, volunteer, member of their households, and other person having access to the child in care as the department deems necessary, including, but not limited to:
(a) Sexual deviancy evaluations;
(b) Substance and alcohol abuse evaluations;
(c) Psychiatric evaluations;
(d) Psychological evaluations; and
(e) Medical evaluations.
(6) The department may perform investigations of the applicant, licensee, staff person, volunteer, member of their households, and other person having access to the child in care as the department deems necessary, including accessing criminal histories and law enforcement files.
(7) The applicant shall conform to rules and regulations approved or adopted by the:
(a) Department of health, promoting the health of the child in care, contained in this chapter; and
(b) State fire marshal's office, establishing standards for fire prevention and protection of life and property from fire, under chapter 212-12 WAC, "fire marshal standards."
(8) The department shall not issue a license to the applicant until the department of health and the state fire marshal's office have certified or inspected and approved the center.
[Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), § 388-150-070, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), § 388-150-070, filed 11/20/90, effective 12/21/90.]
The following section of the Washington Administrative Code is repealed:
| WAC 440-44-025 | Day care centers and mini-day care centers license fees. |
The licensee must pay a fee of twenty-four dollars per year. The fee is payable to DSHS and may be paid either annually or once every three years.
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The following section of the Washington Administrative Code is repealed:
| WAC 440-44-026 | Family day care home licensing fee. |