PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Children's Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-10-104.
Title of Rule: Chapter 388-151 WAC, Minimum licensing requirements for child care centers caring exclusively for school-age children.
Purpose: The purpose of this chapter is to establish minimum standards of health and safety for school-age children in out-of-home child care.
Other Identifying Information: WAC 388-151-010 through 388-151-500.
Statutory Authority for Adoption: RCW 74.15.020.
Statute Being Implemented: RCW 74.15.020.
Summary: This chapter establishes rules for child care centers caring exclusively for school-age children. These rules were separated from the rules for child care centers that care for children ages one month to twelve years in 1991. This separation allows these rules to be more specific and age-appropriate for school-age care.
Name of Agency Personnel Responsible for Drafting: Leslie Edwards-Hill, 14th and Jefferson, Olympia, (360) 902-8041; Implementation and Enforcement: Sophia Kouidou-Giles, 14th and Jefferson, Olympia, (360) 902-8038.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes broaden the qualifications for child care staff. The school-age subcommittee and the advocates supported this change. Other changes make these WACs more age and developmentally appropriate to school-age children. The fee WAC is also now incorporated for streamlining purposes.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A cost-benefit analysis showed that there is no additional cost imposed on small businesses due to the proposed changes in the rules. There is no significant economic impact to small businesses as a result of the proposed new rules.
RCW 34.05.328 applies to this rule adoption. The proposal makes significant amendments to a policy or regulatory program. The analysis prepared to comply with RCW 34.05.328 can be obtained by contacting Leslie Edwards-Hill at (360) 902-8041.
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 myercme@dshs.wa.gov [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
2760.14
((As used and defined))
The following definitions are important under this chapter:
"Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.
"Child abuse or neglect" means the injury, sexual abuse,
sexual exploitation, or negligent treatment or maltreatment of a
child ((by any person under circumstances indicating the child's
health, welfare, or safety is harmed thereby)) as defined in RCW 26.44.020 and chapter 388-15 WAC.
"Department" means the state department of social and health
services (DSHS), the ((organization vested)) state agency with
the legal authority to regulate and certify school-age child care
centers.
"Department of health" means the state department of health.
"I," "you," and "your" refer to and mean the licensee or applicant for child care license.
"License" means a permit issued by the department
((authorizing by law the licensee ))to a person or organization
to operate a school-age child care center and affirming the
licensee meets requirements under licensure.
"Licensee" means the person, organization, or legal entity named on the facility license and responsible for operating the center.
"Licensor" means the person employed by the department to regulate and license a school-age child care center.
"Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.
"School-age child" means a child five years of age through twelve years of age attending a public or private school.
"School-age child care center" means a program operating in
a facility other than a private residence, accountable for
school-age children when school is not in session. ((It shall))
The program must meet department licensing requirements, provide
adult-supervised care, and a variety of developmentally
appropriate activities.
"Staff" means a ((child care giver or a group of child care
givers)) person or persons employed by the licensee to provide
child care and to supervise ((a child)) children served at the
center.
"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy the department's training requirements.
[Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-010, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-010, filed 12/30/92, effective 1/30/93.]
(1) The person or organization operating a school-age
child care center ((shall be subject to licensing as authorized
under)) must receive a license from the department to provide
school-age child care, in accordance with chapter 74.15 RCW.
(2) The department does not need to license the person or
organization operating a school-age child care center ((and
qualifying for exemption from requirements of this chapter under
RCW 74.15.020(4) shall not be subject to licensure)) if chapter 74.15 RCW ((includes)) exempts the person or organization ((among
the entities exempt)) from the licensing requirements. The
person or organization claiming an exemption ((shall)) from the
licensing requirements must provide the department proof of
entitlement to the exemption at the licensor's request.
(3) You may use the following matrix to determine whether or not you are exempt from licensing:
| Child care | Recreational |
| The child care facility assumes responsibility for the child and his welfare. | Children are free to come and go as they choose. |
| Children are signed in and can only be released to an authorized adult. | No responsibility is assumed in lieu of parent. |
| A specific registration procedure and required forms must be completed. | No registration form or procedure. |
| Must adhere to DSHS standards; has specific requirements regarding staff-child ratio and group size. | No required staff-child ratio or group size requirements. |
| Specific DSHS requirements regarding policies and procedures are in a parent handbook. | No specific detailed policies and procedures. General "house rules" apply at each site. |
| There are specific program goals and activities; calendars of activities are posted and available. | Activities occur on a daily basis; no long-term goals or activities exist. |
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-020, filed 12/30/92, effective 1/30/93.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 3493, filed 12/30/92,
effective 1/30/93)
WAC 388-151-040
What local ordinances and codes((.)) apply?
(((1) The department shall issue or deny a license on the basis
of the applicant's compliance with school-age child care
licensing and procedural requirements.
(2) The licensee or applicant shall be responsible for compliance with city ordinances and county codes, such as zoning and building regulations)) The licensee or applicant for license must comply with city ordinances and county codes, including zoning and building regulations.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-040, filed 12/30/92, effective 1/30/93.]
The department must issue or deny a license on the basis of the applicant's compliance with school-age child care licensing requirements.
[]
(1) ((The person or organization applying for a
licensee or relicensure under this chapter and responsible for
operating the center shall)) You must comply with the
department's application procedures ((the department prescribes))
and submit to the department:
(a) A completed department-supplied application for school-age child care center license, including attachments, ninety or more days before the:
(i) Expiration of ((a)) your current license;
(ii) Opening date of ((a)) your center;
(iii) Relocation of ((a)) your center; or
(iv) Change of the licensee.
(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 per year for the first twelve children plus four dollars for each additional child over the licensed capacity of twelve children.
(2) In addition to the required application materials
specified under subsection (1) of this section, ((the applicant
for initial licensure shall)) you must submit to the department:
(a) An employment and education resume of the person responsible for the active management of the center and of the site coordinator;
(b) Copies of diplomas or education ((transcript copies))
transcripts of the director and site coordinator; and
(c) Three professional references each for ((the licensee))
you, the director, and the site coordinator.
(3) You, as the applicant for a license under this chapter
((shall)) must be twenty-one years of age or older.
(4) The department may, at any time, require additional
information from ((the applicant, licensee,)) you, any staff
person, any volunteer, members of ((their)) the household of any
of these individuals, and other persons having access to the
((child in care as the department deems necessary including))
children in care. The additional information includes, but is
not limited to:
(a) Sexual deviancy evaluations;
(b) Substance and alcohol abuse evaluations;
(c) Psychiatric evaluations;
(d) Psychological evaluations; and
(e) Medical evaluations.
(5) The department may perform investigations of ((the
applicant, licensee)) you, staff persons, volunteers, members of
((their)) the households of these individuals, and other persons
having access to the child in care as the department deems
necessary, including accessing criminal histories and law
enforcement files.
(6) ((The applicant shall)) You must conform to rules and
regulations approved or adopted by the:
(a) State department of health((, promoting)) and relating
to the health care of ((the child in care, contained in this
chapter; and)) children at school-age child care centers;
(b) State fire marshal's office, establishing standards for fire prevention and protection of life and property from fire, under chapter 212-56A WAC.
(7) The department ((shall)) must not issue a license to
((the applicant)) you until the department of health and the
state fire marshal's office have certified or inspected and
approved the center.
(8) The department may exempt a school site possessing a fire safety certification signed by the local fire official within six months prior to licensure from the requirement to receive an additional fire safety inspection by the state fire marshal's office.
(9) ((The licensee shall)) You must submit a completed plan
of deficiency correction, when required, to the department of
health and the department licensor ((prior to issuance of the
licensee, when required)) before the department will issue you a
license.
(10) You, your director and site coordinator must attend department-provided orientation training.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-070, filed 12/30/92, effective 1/30/93.]
(1) In an individual case, the department, for good cause, may waive a specific requirement and approve an alternate method for you to achieve the specific requirement's intent if:
(a) You submit to the department a written waiver request fully explaining the circumstances necessitating the waiver; and
(b) The department decides the department's approval of the waiver approval will not jeopardize the safety or welfare of the child in care or detract from the quality of licensee-delivered services.
(2) The department may approve a waiver request only for a specific purpose or child and for a specific period of time not exceeding the expiration date of your license.
(3) The department may limit or restrict a license the department issues to you in conjunction with a waiver.
(4) You must maintain a copy of the department's written waiver approval on the premises.
(5) You may not appeal the department's denial of your request for waiver under chapter 34.05 RCW.
[]
(1) The department ((shall)) issues the
applicant or licensee a license for a specific number of children
((dependent)) depending on ((the)):
(a) The department's evaluation of ((the)) your center's
premises, equipment, and physical accommodations;
(b) The number and skills of ((the licensee)) you, your,
staff, and your volunteers; and
(c) The ages and characteristics of the children ((served))
you serve.
(2) The department:
(a) ((Shall)) Must not issue ((the applicant or licensee))
you a license to care for more children than ((permitted under))
this chapter permits; and
(b) May issue ((the applicant or licensee)) you a license to
care for fewer children than ((the)) your center's maximum
capacity.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-080, filed 12/30/92, effective 1/30/93.]
(1)
The department may issue an initial license to ((an applicant))
you if you are not currently licensed to provide child ((day))
care when ((the applicant)) you:
(a) Can demonstrate compliance with the rules contained in this chapter pertaining to the health and safety of the child in care; but
(b) Cannot demonstrate compliance with the rules pertaining to:
(i) Staff-child interactions,
(ii) Group size and staff-child ratios,
(iii) Behavior management and discipline,
(iv) Activity programs,
(v) Child records and information, and
(vi) Other rules requiring department observation of the applicant's ability to comply with rules.
(c) Can provide a plan, acceptable to the department, to comply with rules found in subsection (1)(b) of this section.
(2) The department may issue an initial license to ((an
applicant)) you for a period not to exceed six months, renewable
for a period not to exceed two years.
(3) The department ((shall)) must evaluate ((the
applicant's)) your ability to comply with all rules contained in
this chapter during the period of initial licensure prior to
issuing a full license.
(4) The department may issue a full license to ((the
applicant demonstrating)) you if you demonstrate your compliance
with all rules contained in this chapter at any time during the
period of initial licensure.
(5) The department ((shall)) must not issue a full license
to ((the applicant who does)) you if you do not demonstrate the
ability to comply with all rules contained in this chapter during
the period of initial licensure.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-085, filed 10/1/96, effective 11/1/96.]
(1)
Before granting a license and as a condition for continuance of a
license, the department ((shall)) must consider ((the)) your
ability ((of the applicant and licensee)) to meet the
requirements of this chapter. If more than one person is the
applicant or licensee, the department:
(a) ((Shall)) Must consider ((their)) the applicants' or the
licensees' qualifications separately and jointly; and
(b) May deny, suspend, revoke, or not renew the license based on the failure of one of the persons to meet the requirements of chapter 74.15 RCW and this chapter.
(2) The department ((shall)) must deny, suspend, revoke, or
not renew the license of a person who:
(a) Has abused, neglected, or sexually exploited a child as
those acts or omissions are defined in RCW 26.44.020 and chapter
388-15 WAC ((388-15-130,));
(b) Is ineligible to provide care because ((of)) the person
has a criminal history ((under)) as described in chapter 388-330 WAC((, or allows such a person on the premises;
(b)));
(c) Allows a person meeting the conditions of (a) or (b) of this subsection on the premises;
(d) Commits or was convicted of a felony reasonably related to the competency of the person to meet the requirements of this chapter;
(((c))) (e) Engages in illegal use of a drug or excessive
use of alcohol;
(((d))) (f) Commits, permits, aids, or abets the commission
of an illegal act on the premises;
(((e))) (g) Commits, permits, aids, or abets the abuse,
neglect, exploitation, or cruel or indifferent care ((to)) of a
child in care;
(((f))) (h) Refuses to permit an authorized representative
of the department, state fire marshal's office, or department of
health to inspect the premises; or
(((g))) (i) Refuses to permit an authorized representative
of the department or the department of health access to records
related to operation of the center or to interview staff or a
child in care.
(3) The department may deny, suspend, revoke, or not renew a license of a person who:
(a) Seeks to obtain or retain a license by fraudulent means or misrepresentation including, but not limited to:
(i) Making a materially false statement on the application; or
(ii) Omitting material information on the application.
(b) Provides insufficient staff in relation to the number, ages, or characteristics of children in care;
(c) Allows a person unqualified by training, experience, or temperament to care for or be in contact with a child in care;
(d) Violates any condition or limitation on licensure including, but not limited to:
(i) Permitting more children on the premises than the number
for which the ((center is)) department licensed the center; or
(ii) Permitting ((on the premises)) a child of ((an age)) a
different age from the ages for which the ((center is))
department licensed the center to be on the premises.
(e) Fails to provide adequate supervision to a child in care;
(f) Demonstrates an inability to exercise fiscal responsibility and accountability with respect to operation of the center;
(g) Misappropriates property of a child in care;
(h) Knowingly permits ((on the premises)) an employee or
volunteer who has made a material misrepresentation on an
application for employment or volunteer service to be on the
premises;
(i) Refuses or fails to supply necessary, additional department requested information; or
(j) Fails to comply with any provision of chapter 74.15 RCW or this chapter.
(4) The department ((shall)) must not issue a license to a
person who has been denied((, suspended, revoked, or not
renewed)) a license, or has had a license to operate a facility
for the care of ((the)) children or adults suspended, revoked, or
not renewed, either in this state or ((elsewhere, unless))
another state. Exception: If the person demonstrates by clear,
cogent, and convincing evidence that the person has undertaken
sufficient corrective action or rehabilitation to warrant public
trust and to operate the center in accordance with the rules of
this chapter, the department may issue a license to that person.
(5) RCW 43.20.205 governs the department's notice of a
denial, revocation, suspension, or modification of a license and
((the applicant's or licensee's)) your right to a hearing((,
shall be governed under RCW 43.20.205)).
[Statutory Authority: RCW 74.15.030. 96-10-043 (Order 3974), § 388-151-090, filed 4/26/96, effective 5/27/96. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-090, filed 12/30/92, effective 1/30/93.]
(1) Before imposing a
civil penalty, the department ((shall)) must provide written
notification to you by personal service, ((including)) by the
licensor or another person, or certified mail ((which shall))
that includes:
(a) A description of the violation and citation of the applicable requirement or law;
(b) A statement of what ((is required)) you must do to
achieve compliance;
(c) The date by which the department requires compliance;
(d) The maximum allowable penalty if you do not achieve
timely compliance ((is not achieved));
(e) The means to contact any technical assistance services provided by the department or others; and
(f) Notice of when, where, and to whom you may file a
request with the department to extend the time to achieve
compliance for good cause ((may be filed with department)).
(2) The length of time ((in which)) you have to comply
((shall)) depends on:
(a) The seriousness of the violation;
(b) The potential threat to the health, safety and welfare of children in care; or
(c) Previous opportunities to correct the deficiency.
(3) The department may impose a civil penalty based on but not limited to these reasons:
(a) The department previously has imposed an enforcement
action for the same or similar type of violation of the same
statute or rule on your child care center ((has previously been
subject to an enforcement action for the same or similar type of
violation of the same statute or rule)); or
(b) The department has previously given your child care
center ((has previously been given)) notice of the same or
similar type of violation of the same statute or rule; or
(c) The violation represents a potential threat to the health, safety, and/or welfare of children in care.
(4) The department may impose a civil penalty in addition to or in conjunction with other disciplinary actions against a child care license including probation, suspension, or other action.
(5) You must pay the civil fine ((shall be payable)) within
twenty-eight days after receipt of the notice or later as
specified by the department.
(6) The department may forgive the fine ((may be forgiven))
if the ((agency)) you come((s)) into compliance during the
notification period.
(7) You, as the center or person against whom the department
assesses a civil fine ((has)), have a right to an adjudicative
proceeding ((as governed by)) under RCW 43.20A.215.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-092, filed 10/1/96, effective 11/1/96.]
Whenever the department imposes a civil monetary penalty
((per WAC 388-151-092(3))), the department ((shall)) must impose
a penalty of two hundred and fifty dollars per violation per day.
The department may assess and collect the penalty with interest
for each day of noncompliance.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-093, filed 10/1/96, effective 11/1/96.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-20-095, filed 10/1/96,
effective 11/1/96)
WAC 388-151-094
Must I post the department's notice of
civil ((penalties--Posting of notice of penalty.)) penalty?
(1)
((The licensee shall)) You must post the final notice of a civil
penalty in a conspicuous place in the facility.
(2) You must continue to post the notice ((shall remain
posted)) until the department receives your payment ((is received
by the department)).
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-094, filed 10/1/96, effective 11/1/96.]
If the department
receives information that a school-age program is operating
without a license, the department will investigate. The
department may contact the program, send a letter, or make an
on-site visit to determine that the agency is operating without a
license. Where the department has determined that an agency is
operating without a license, the department ((shall)) must send
written notification to the unlicensed program by certified mail
or other means showing proof of service. This notification
((shall)) must contain the following:
(1) ((Advising)) Notice to the agency of the basis ((of))
for the department's determination ((of)) that the agency is
providing child care without a license and the need for the
department to ((be licensed by the department)) license the
agency;
(2) The citation of the applicable law;
(3) The assessment of seventy-five dollars per day penalty
for each day the agency provides unlicensed care ((is provided)).
The department makes the fine ((would be)) effective and payable
within thirty days of the agency's receipt of the notification;
(4) How to contact the office of child care policy;
(5) The unlicensed agency's need to submit an application to the office of child care policy within thirty days of receipt of the department's notification;
(6) That the department may forgive the penalty ((may be
forgiven)) if the agency submits an application within thirty
days of the notification; and
(7) The unlicensed agency's right ((of)) to an adjudicative
proceeding as a result of the assessment of a monetary penalty
and the appropriate procedure for requesting an adjudicative
proceeding.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-095, filed 10/1/96, effective 11/1/96.]
Each violation of
a law or rule constitutes a separate violation ((and may be
penalized as such)). The department may penalize each violation.
The department may impose a penalty ((may be imposed)) for each
day the violation continues.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-096, filed 10/1/96, effective 11/1/96.]
((Penalty for
nonpayment.)) The department may suspend, revoke or not renew a
license for failure to pay a civil monetary penalty ((it)) the
department has assessed within ten days after such assessment
becomes final.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-097, filed 10/1/96, effective 11/1/96.]
(1) The department ((shall))
must base the decision ((as to whether a probationary license
will be issued upon)) to issue a probationary license on the
following factors:
(a) Willful or negligent noncompliance by ((the licensee))
you,
(b) History of noncompliance,
(c) Extent of deviation from the requirements,
(d) Evidence of a good faith effort to comply,
(e) Any other factors relevant to the unique situation.
(2) Where the negligent or willful violation of the
licensing law 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, the department may issue a probationary
license ((may be issued as well as)) in addition to civil
penalties or other sanctions. Such situations may include:
(a) Substantiation that a child (or children) was abused or neglected while in the care of the center,
(b) Disapproved fire safety or sanitation report,
(c) Use of unauthorized space for child care,
(d) Inadequate supervision of children,
(e) Understaffing for the number of children in care,
(f) Noncompliance with requirements addressing:
(i) Children's health,
(ii) Proper nutrition,
(iii) Discipline,
(iv) Emergency medical plan,
(v) Sanitation and personal hygiene practices.
(3) ((Licensee required to)) You must notify parents of all
children in care or who may apply for care when the department
issues a probationary ((licensed is issued)) license to you:
(a) ((The licensee shall)) You must notify the parents or
guardians of all children in care ((that it is in)) of the
program's probationary status within five working days of
receiving the department's notification ((he or she has been))
that the department has issued a probationary license;
(b) ((The notification shall be)) You must notify parents
and guardians in writing, and ((shall be approved by the
department prior to being sent)) the department must approve the
notice before you send the notification;
(c) ((The licensee shall)) You must provide documentation to
the department that you have notified parents or guardians of all
children in care ((have been notified)) within ten working days
((of receiving)) after you receive notification that ((he or she
has been issued)) the department has issued a probationary
license. Documentation must consist of a copy of the letter you
have sent to the parents;
(d) The department may issue a probationary license for up
to six months, and at the department's discretion ((of)), the
department ((it may be extended)) may extend the probationary
license for an additional six months.
[Statutory Authority: RCW 74.15.030. 96-20-095, § 388-151-098, filed 10/1/96, effective 11/1/96.]
(1) ((The licensee shall)) You must
implement an activity program designed to meet the developmental,
cultural, and individual needs of the ((child served. The
license shall)) children you serve. You must ensure the program
contains a range of learning experiences for the ((child))
children to:
(a) Gain self-esteem, self-awareness, conflict resolution, self-control, and decision-making abilities;
(b) Develop socially, emotionally, intellectually, and physically;
(c) Learn about nutrition, health, and personal safety; and
(d) Experiment, create, and explore.
(2) ((The licensee shall)) You must ensure the center's
program offers variety and options including a balance between:
(a) Child-initiated and staff-initiated activities;
(b) Free ((play)) choice and organized events;
(c) Individual and group activities; and
(d) Quiet and active experiences.
(3) ((The licensee shall)) You must ensure that the center's
program ((affords)) provides the child daily opportunities for
small and large muscle activities and outdoor play.
(4) ((The licensee shall)) You must operate the center's
program under a regular schedule of activities with allowances
for a variety of special events. ((The licensee shall)) You must
implement a planned program of activities ((as evidenced)) by
using a current, written activity schedule ((and afford)) that
includes staff classroom planning time.
(5) ((The licensee shall)) You must manage child and staff
movements from one planned activity or care area to another to
achieve smooth, unregimented transitions by:
(a) Establishing familiar routines;
(b) Contributing to learning experiences; and
(c) Maintaining staff-to-child ratio and group size guidelines.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-100, filed 12/30/92, effective 1/30/93.]
((The licensee shall)) You must provide the ((child))
children in care a variety of easily accessible, developmentally
appropriate equipment and materials of sufficient quantity to
implement the center's program. ((The licensee shall ensure
material is)) You must ensure that materials are culturally
relevant and promote((s)):
(1) Social development;
(2) Communication ability;
(3) Self-help skills;
(4) Large and small muscle development; and
(5) Creative expression.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-110, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee
shall)) You must furnish the ((child)) children a nurturing,
respectful, supportive, and responsive environment through
frequent interactions between the ((child)) children and staff:
(a) Supporting the ((child)) children in developing an
understanding of self and others by assisting the ((child))
children to share ideas, experiences, and feelings;
(b) Providing age-appropriate opportunities for growth and
development of the ((child's)) children's social and
communication skills, including encouraging the ((child))
children to ask questions;
(c) Helping the ((child)) children solve problems;
(d) Fostering creativity and independence in routine activities, including showing tolerance for mistakes; and
(e) Treating equally all children in care regardless of
race, religion, culture, sex, and ((handicapping condition))
ability.
(2) ((The licensee shall)) You must furnish the ((child))
children in care a pleasant and social atmosphere at meal and
snack times. Your staff ((shall)) must provide good models for
nutrition habits and social behavior.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-120, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must guide the ((child's))
children's behavior based on an understanding of the individual
child's needs and stage of development. ((The licensee shall))
You must support the child's developmentally appropriate social
behavior, self-control, and respect for the rights of others.
(2) ((The licensee shall)) You must ensure that your
behavior management and discipline practices are fair,
reasonable, consistent, and related to the child's behavior. Your staff ((shall)) must not administer cruel, unusual,
hazardous, frightening, or humiliating discipline.
(3) ((The licensee shall)) You must be responsible for
implementing the behavior management and discipline practices of
the center.
(4) ((The licensee shall)) You must prohibit and prevent
((by)) any person on the premises from:
(a) Biting, jerking, shaking, spanking, slapping, hitting, striking, or kicking the child, or exercising other means of inflicting physical or emotional pain, or causing bodily harm;
(b) The use of a physical restraint method injurious to the child;
(c) The use of a mechanical restraint, locked time-out room, or closet;
(d) The use of verbal abuse; or
(e) The withholding of food as a punishment.
(5) In emergency situations, ((the)) you or your staff
person ((competent to use restraint methods)) may use limited
physical restraint not injurious to the child when:
(a) Protecting a person on the premises from physical injury;
(b) Obtaining possession of a weapon or other dangerous object; or
(c) Protecting property from serious damage.
(6) ((The licensee shall)) You must document any incident
involving the use of physical restraint and notify the child's
parent of the use of the restraint.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-130, filed 12/30/92, effective 1/30/93.]
(1) For the center offering
school-age child care during evening and nighttime hours, ((the
licensee shall)) you must, in addition to meeting daytime
regulations, adapt the program, equipment, and staffing pattern
to meet the physical and emotional needs of the child away from
home at night.
(2) ((The licensee shall)) You must maintain the same
staff-to-child ratio in effect during daytime care. At all
times, your staff ((shall)) must keep the child within continuous
visual or auditory range.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-150, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee)) You may transport or
permit the supervised off-site travel of ((the child)) children
to participate in field trips or engage in other off-site
activities only with written ((parent)) parental consent.
(2) The parent's consent may be:
(a) For a specific date and trip; or
(b) A blanket authorization describing the full range of
trips the child may take. In such a case, ((the licensee shall))
you must notify the parent in advance about ((the)) each trip.
(3) For group field trips, ((the licensee shall)) you must
ensure that:
(a) Emergency information and medical treatment
authorization for each child in the group ((is present))
accompanies the child;
(b) A first aid kit is available;
(c) You maintain a written list of children participating
((is maintained)); and
(d) You maintain required staff-child ratios ((are
maintained)).
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-160, filed 12/30/92, effective 1/30/93.]
When ((the licensee furnishes)) you furnish
transportation for the child in care:
(1) ((The licensee shall ensure that)) You must maintain the
motor vehicle ((is maintained)) in a safe operating condition and
((is)) ensure that the Washington state patrol has approved ((by
the Washington state patrol)) the vehicle, when applicable;
(2) ((The licensee or driver shall)) You or the driver must
carry liability and medical insurance;
(3) The driver ((shall)) must have a current driver's
license, valid for the classification of motor vehicle
((operated)) the driver operates, and current first aid and CPR
certification;
(4) ((The licensee shall ensure)) You must ensure that a
minimum of one staff person other than the driver is present in
the motor vehicle, when necessary, to ((ensure)) comply with the
staff-to-child ratio ((compliance)) requirement; and
(5) ((The licensee shall ensure)) You must ensure that the
number of passengers does not exceed the seat belt capacity of
the motor vehicle.
(6) You do not need seat belts for buses approved by the Washington state patrol.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-165, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must orally:
(a) Explain ((to the parent)) the center's policies and
procedures to the parent;
(b) Orient the parent to the center's philosophy, program, and facilities;
(c) Communicate to the parent issues relating to the child's care and individual practices concerning the child's special needs; and
(d) Encourage parent participation in center activities.
(2) ((The licensee shall)) You must give the parent the
following written policy and procedure information:
(a) Enrollment and admission requirements;
(b) The fee and payment plan;
(c) A typical activity schedule, including hours of operation;
(d) Meals and snacks served, including guidelines on food
((bought)) brought from the child's home;
(e) Signing in and signing out requirements;
(f) Child abuse reporting law requirements;
(g) Behavior management and discipline;
(h) Nondiscrimination statement;
(i) Religious activities, if any;
(j) Transportation and field trip arrangements;
(k) Policy on homework, study time, and space necessary to accommodate these activities;
(l) Practices concerning an ill child;
(m) Medication management; ((and))
(n) Medical emergencies;
(o) Statement that the parent has free access during hours of operation; and
(p) Written procedure for supervision of children during transitions.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-170, filed 12/30/92, effective 1/30/93.]
(1) General
qualifications. ((The licensee,)) You, your staff, volunteers,
and other persons associated with the operation of the center who
((has)) have access to the child in care ((shall)) must:
(a) Be of good character;
(b) Demonstrate the understanding, ability, personality,
emotional stability, and physical health suited to meet the
cultural, emotional, mental, physical, and social needs of the
((child)) children in care; and
(c) Not have committed or been convicted of child abuse or any crime involving harm to another person.
(2) Program director. ((The licensee shall)) You must serve
as or employ a director responsible for the overall management of
the center's facility and operation. The director ((shall))
must:
(a) Be twenty-one years of age or older;
(b) Serve as administrator of the center, ensuring compliance with licensing requirements;
(c) Have knowledge of development of school-age children as evidenced by professional references, education, experience, and on-the-job performance;
(d) Have the management and supervisory skills necessary for
the proper administration ((for)) of the center, including:
(i) Record maintenance;
(ii) Financial management; and
(iii) Maintenance of positive relationships with staff, children, parents, and the community.
(e) Employ, provide, or arrange for fulfillment of clerical, accounting, maintenance, transportation, and food service responsibilities so the child care staff is free to concentrate on program implementation and maintaining the required staff-to-child ratio;
(f) Have completed thirty or more college quarter credits or
combination of one-third clock hours and two-thirds college
credits, in early childhood education/child development,
elementary education, ((or possess an equivalent educational
background in courses such as)) social work, other child-related
field, including, but not limited to, art, music, dance,
recreation, physical education, education, ((music, art,)) home
economics, psychology, ((or)) social services, child development
associate (CDA), or nutrition;
(g) Have two or more years of successful experience working with school-age children as evidenced by professional references and on-the-job performance;
(h) Have planning, coordination, and supervisory skills to implement a high quality, developmentally appropriate program; and
(i) Have completed one of the following prior to or within the first six months of licensure or employment except as provided in subsection (2)(i) of this section:
(i) Twenty clock hours or two college quarter credits of
basic training. ((Training shall be approved by)) The Washington
state training and registry system (STARS) must approve the
training; or
(ii) Current ((child development associate ())CDA(())) or
equivalent credential or twelve or more college quarter credits
in a child development((, early childhood education, school-age
care, elementary education, special education or recreation; or))
associate sequence; or
(iii) Forty-five or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or
(iv) An associate ((or)) of arts (AA) or associate of
applied science (AAS) or higher college degree in early childhood
education, child development, school-age care, elementary
education, special education, or recreation((.
(j) Program directors who are already employed or licensed on the effective date of this rule must complete the training required in WAC 388-151-180(2)(h) prior to or within twelve months after the effective date of this rule)).
(3) Site coordinator. ((The licensee)) You may employ a
site coordinator responsible for being on site with children,
program planning and program implementation. The program
director must provide regular supervision of the site coordinator
((shall be under the regular supervision of the program
director)).
(4) The same person may serve as the site coordinator and
program director ((may be one and the same person)) when
qualified for both positions. The site coordinator ((shall))
must:
(a) Be twenty-one years of age or older;
(b) Have completed thirty or more college quarter credits or
combination of one-third clock hours and two-thirds college
credits in early childhood education/child development,
elementary education((, or possess an equivalent educational
background in courses such as recreation)) social work, other
child-related field including, but not limited to, art, music,
dance, relevant to school age children, recreation, physical
education, education, music, art, psychology, ((or)) social
services, home economics, CDA, or nutrition;
(c) Serve as staff supervisor;
(d) Have demonstrated knowledge in:
(i) Behavior management skills specific to school-age children;
(ii) Program management skills; and
(iii) School-age child activity planning and coordinating skills.
(e) Have a minimum of two years experience working with school-age children, or possess equivalent experience.
(f) Have completed one of the following prior to or within
the first six months of licensure or employment((except as
provided in subsection (4)(g) of this section)):
(i) Twenty clock hours or two college quarter credits of
initial training. ((Training shall be approved by the Washington
state training and registry system ()) STARS(())) must approve
the training; or
(ii) Current ((child development associate ())CDA(())) or
((equivalent credential or)) twelve or more college quarter
credits in ((early childhood education,)) child development,
((school-age care, elementary education, special education or
recreation; or)) associate sequence;
(iii) Forty-five or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or
(iv) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.
(((g) Site coordinators who are already employed on the
effective date of this rule must complete the training required
in WAC 388-151-180(4)(f) prior to or within twelve months after
the effective date of this rule.))
(5) The program director or site coordinator ((shall)) must
normally be on the premises while ((the child is)) children are
in care. If temporarily absent from the center, the director and
site coordinator ((shall)) must leave a competent, designated
staff person in charge.
(6) The director and site coordinator may also serve as
child care staff when ((such)) that role does not interfere with
the director's or site coordinator's management and supervisory
responsibilities.
(7) Center staffing. ((The licensee)) You may employ a lead
school-age child care staff person to be in charge of a child or
a group of children. Lead school-age child care staff ((shall))
must:
(a) Be eighteen years of age or older;
(b) ((Possesses)) Possess a high school education or
equivalent;
(c) Have school-age child development knowledge and experience; and
(d) Have the ability to implement the activity program.
(8) ((The licensee may employ)) You may use a child care
assistant, volunteer, or trainee. The assistant, volunteer, or
trainee ((shall)) must support staff. The school age child care
assistant, volunteer, or trainee ((shall)) must:
(a) Be sixteen years of age or older; and
(b) Care for ((the child)) children only under direct
supervision.
(9) ((The licensee shall)) You must ensure that you and your
program director or site coordinator assigns no person under
eighteen years of age ((is assigned)) sole responsibility for a
group of children. You, your program director, or your site
coordinator may assign the assistant, eighteen years of age or
older, ((may be assigned)) sole responsibility for a child or
group of children for a brief period of time.
(10) ((The licensee)) You may count the assistant,
volunteer, or trainee in the staff-to-child ratio when that
person meets staff requirements.
(11) The licensee may utilize youth volunteers fourteen to fifteen years of age. The youth volunteers:
(a) Must not be counted as staff at any time.
(b) Must not count in the staff-child ratio;
(c) Must meet all requirements in WAC 388-151-470(4); and
(d) Must be under the direct supervision of a lead staff person.
(12) The lead staff person must not supervise more than one youth volunteer at one time.
[Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-180, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-180, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must maintain,
at minimum, a 1:15 staff-child ratio and a maximum group size of
thirty or fewer children.
(2) ((The licensee shall)) You must conduct activities for
each group in a specific classroom or other defined space within
a larger area.
(3) ((The licensee shall)) You must ensure that a qualified
staff person or team of staff supervises each group ((is under
the supervision of a qualified staff person or team of staff)).
(4) The department may approve reasonable variations to
group size limitations if ((the licensee)) you maintain((s))
required staff-to-child ratios, dependent on:
(a) Staff qualifications;
(b) Program structure; and
(c) Usable space.
(5) ((The licensee shall ensure staff keep each child within
continuous visual or auditory range, except when the child uses
the toilet)) You must provide appropriate supervision and keep
the child from harm. The children must be in continuous visual
or auditory range, except during transitions, including:
(a) Moving from indoors to outdoors;
(b) Moving from room to room; and
(c) When the child uses the restroom.
(6) You must have a written plan to ensure the children's safety during transitions.
(7) When only one staff person is present, ((the licensee
shall)) you must ensure that a second staff person is readily
available in case of an emergency.
(((7) The licensee shall))
(8) You must ensure that each group of children is
supervised by a staff person who has completed one of the
following prior to or within the first six months of
employment((except as provided in subsection (8) of this
section)):
(a) Twenty clock hours or two college quarter credits of
initial training. Training ((shall)) must be approved by the
Washington state training and registry system (STARS); or
(b) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education, child development, school-age care, elementary education, special education, or recreation; or
(c) An associate of arts (AA) or associate of applied science (AAS) or higher college degree in early childhood education, child development, school-age care, elementary education, special education, or recreation.
(((8) Staff persons who are required to complete the
training described in WAC 388-151-190(7) and who are already
employed on the effective date of this rule must complete the
training prior to or within twelve months after the effective
date of this rule.))
[Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-190, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-190, filed 12/30/92, effective 1/30/93.]
(1) ((The
licensee shall)) You must have an orientation system making
((the)) employees, volunteers, and trainees aware of program
policies and practices. ((The licensee shall)) You must provide
staff an orientation including, but not limited to:
(a) Licensing rules required under this chapter;
(b) Goals and philosophy of the center;
(c) Planned daily activities and routines;
(d) Age-appropriate child guidance and behavior management methods;
(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;
(f) Special health and developmental needs of the individual child;
(g) Fire prevention and safety procedures; and
(h) Personnel policies.
(2) ((The licensee shall)) You must provide or arrange
regular training opportunities for the child care staff to:
(a) Promote ongoing employee education;
(b) Enhance practice skills;
(c) Increase cultural awareness; and
(d) Accommodate special health and developmental needs of the individual child.
(3) ((The licensee shall)) You must conduct periodic staff
meetings for planning and coordination purposes.
(4) ((The licensee shall)) You must ensure that:
(a) A staff person with basic, standard, current first aid and cardiopulmonary resuscitation (CPR) training, or department of health approved training is present at all times while the child is in care; and
(b) Staff's CPR training includes methods appropriate for school-age children in care.
(5) ((The licensee shall)) You must provide or arrange
appropriate education and training for child care staff on the
prevention and transmission of human immunodeficiency
virus/acquired immunodeficiency syndrome (HIV/AIDS).
(6) ((The licensee shall)) You must ensure that the person
preparing full meals for the center has a valid food handler
permit.
(7) ((The licensee shall)) You must ensure that the
director, site coordinator and, where the program serves more
than one group of children, at least one staff person for every
group of children, complete:
(a) Ten clock hours or one college quarter credit of
training annually, approved by Washington state registry and
training system (STARS), beginning one year after licensure or
employment in ((a)) your licensed child care facility((, complete
ten clock hours or one college quarter credit of training
approved by Washington state registry and training system
(STARS). For those already employed or licensed on the effective
date of this rule, the requirement for annual training shall
begin one year after the effective date of the rule.)); and
(b) For the director and the site coordinator, five of the
ten hours of training ((shall)) must be in program management and
administration.
[Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-200, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-200, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must maintain current
written health policies and procedures for staff orientation and
use by staff, and for the parent.
(2) ((The licensee shall ensure the)) Your health care plan
must include((s)), but is not limited to, information about
((the)) your center's procedures concerning:
(a) Communicable disease prevention, reporting, and management;
(b) Action taken for medical emergencies;
(c) First aid;
(d) Care of minor illnesses;
(e) Medication management;
(f) General hygiene practices;
(g) Hand washing practices; and
(h) Food and food services.
(3) ((The licensee shall)) You must use the services of an
advisory physician, physician's assistant, or registered nurse to
assist in the development and approval of the center's health
care plan.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-210, filed 12/30/92, effective 1/30/93.]
(1) Before
or on the child's first day of attendance, ((the licensee shall))
you must have on file a record of immunization status.
(2) Your staff ((shall)) must observe the child daily for
signs of illness. ((The licensee shall)) You must care for or
discharge to the child's home the ill child based on ((the
center's)) your policies concerning ((the)) ill ((child))
children.
(3) If a child becomes ill while in care:
(a) ((The licensee shall)) You must furnish a separate care
area with an appropriate rest surface and bedding, as needed; and
(b) Your staff ((shall)) must sanitize equipment the child
uses if staff suspects the child has a communicable disease.
(4) ((The licensee)) You may use the separate care room or
area for other purposes when not needed for separation of the
child.
(5) Your staff ((shall)) must ensure that the child washes
hands:
(a) Before the child eats;
(b) Before the child participates in food activities; and
(c) After the child's toileting.
(6) Your staff ((shall)) must follow ((the)) your center's
policies for cleaning and disinfecting the environment.
(7) ((The licensee shall)) You must have extra clothing
available for circumstances arising during outdoor play.
(8) Your staff ((shall)) must ensure that the ((child does))
children do not share personal hygiene or grooming items.
(9) You must have on file, upon employment, for each center
employee, volunteer, and other person having regular contact with
the ((child)) children in care ((shall have)) results of a
negative tuberculin (TB) ((skill)) skin test, by the Mantoux
method, or results of a chest x-ray((, on file upon employment,
unless)). You need not require the TB test or chest x-ray for an
individual if, such a test is against medical advice. The
department does not require periodic retesting ((is not
required)).
(10) ((The licensee shall)) You must not permit ((the)) a
person with a reportable communicable disease to be on duty in
the center or have contact with the child in care unless a health
care provider approves ((this)) the contact in writing.
(11) Staff ((shall)) must wash hands:
(a) After personal toileting;
(b) After attending to an ill child;
(c) After nose blowing;
(d) After smoking; and
(e) Before serving or preparing food.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-220, filed 12/30/92, effective 1/30/93.]
((The center)) You may have a policy
of not giving medication to the child in care. If ((the)) your
center's health care plan includes giving medication to the child
in care, ((the licensee)) you:
(1) ((Shall)) Must give medications, prescription and
nonprescription, only on the written approval of a parent,
person, or agency having authority by court order to approve
medical care;
(2) ((Shall)) Must give prescription medications:
(a) Only as specified on the prescription label; or
(b) As authorized, in writing, by a physician or other person legally authorized to prescribe medication.
(3) ((Shall)) Must give the following classifications of
nonprescription medications, with written parent authorization,
only at the dose, duration, and method of administration
specified on the manufacturer's label for the age or weight of
the child needing the medication:
(a) Antihistamines;
(b) Nonaspirin fever reducers/pain relievers;
(c) Nonnarcotic cough suppressants;
(d) Decongestants;
(e) Anti-itching ointments or lotions, intended specifically to relieve itching;
(f) Diaper ointments and powders, intended specifically for use in the diaper area of the child; and
(g) Sun screen.
(4) ((Shall)) Must give other nonprescription medication:
(a) Not included in the categories listed in subsection (3) of this section; or
(b) Taken differently than indicated on the manufacturer's label; or
(c) Lacking labeled instructions, only when disbursement of the nonprescription medication is as required under subsection (4)(a), (b), and (c) of this section:
(i) Authorized, in writing, by a physician; or
(ii) Based on established medical policy approved, in writing, by a physician or other person legally authorized to prescribe medication.
(5) ((Shall)) Must accept from the child's parent, guardian,
or responsible relative only medicine in the original container,
labeled with:
(a) The child's first and last names;
(b) The date the prescription was filled; or
(c) The medication's expiration date; and
(d) Legible instructions for administration, such as manufacturer's instructions or prescription label.
(6) ((Shall)) Must keep medication, refrigerated or
nonrefrigerated, in an orderly fashion and inaccessible to the
child;
(7) ((Shall)) Must store external medication in a
compartment separate from internal medication;
(8) ((Shall)) Must keep a record of medication disbursed;
(9) ((Shall)) Must return to the parent or other responsible
party, or ((shall)) must dispose of medications no longer being
taken; and
(10) May, at ((the licensee's)) your option, permit
self-administration of medication by a child in care if ((the)):
(a) The child is physically and mentally capable of properly taking medication without assistance;
(b) ((Licensee)) You include((s)) in the child's file a
parental or physician's written statement of the child's capacity
to take medication ((with)) without assistance; and
(c) ((Licensee ensures)) You have stored the child's
medications and other medical supplies ((are stored)) so the
medications and medical supplies are inaccessible to ((another
child)) other children in care.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-230, filed 12/30/92, effective 1/30/93.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 3493, filed 12/30/92,
effective 1/30/93)
WAC 388-151-240
What nutrition((.)) requirements must I
meet?
(1) ((The licensee shall)) You must provide food meeting
the nutritional needs of the ((child)) children in care, taking
into consideration ((the)) each child's:
(a) Age and development level;
(b) Cultural background; and
(c) ((Handicapping condition)) Child's special health care
needs, if any.
(2) ((The licensee shall)) You must provide only pasteurized
milk or pasteurized milk products.
(3) ((The licensee)) You may serve ((the)) school-age
((child)) children powdered Grade A milk, provided ((the
licensee)) you complete((s)) the dry milk mixture, service, and
storage in a safe and sanitary manner.
(4) ((The licensee)) You may furnish ((the)) a child
nutrient concentrates, nutrient supplements, a modified diet, or
an allergy diet only with the written permission of the child's
health care provider. The licensee ((shall)) must obtain from
the parent or the child's health care provider a written list of
foods the child ((cannot)) must not consume.
(5) ((The licensee shall)) You must:
(a) Record food and portion sizes planned and served; and
(b) Post menus showing two weeks or more of food variety before repeating menus.
(6) ((The licensee)) You may make nutritional substitutions
of comparable nutrient value to the menu.
(7) ((The licensee shall)) You must use the following meal
pattern to furnish food in age-appropriate servings((,
providing)) to provide the child:
(a) Access to a breakfast, if the child arrives on the
premises before 7:00 a.m. ((access to a breakfast));
(b) A snack if the child is in care for one to three hours
before or after school ((a snack)); and
(c) Food at intervals not less than two hours and not more than three and one-half hours apart.
(8) ((The licensee shall)) You must furnish the child in
care food ((complying)) that complies with the meal pattern of
the United States Department of Agriculture Child and Adult Care
Food Program or the National School Lunch Program.
(9) The ((child's)) children's snacks ((shall)) must include
one or more dairy or protein source provided daily((,)) and must
contain a minimum of two of the following four components at each
snack:
(a) A dairy product;
(b) A protein food;
(c) Bread or bread alternate; or
(d) Fruit or vegetable or juice containing a minimum of fifty percent real juice.
(10) ((The licensee shall)) You must have available food
supplies to supplement food brought from the child's home that is
deficient in meeting nutrition requirements ((brought from the
child's home)).
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-240, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must
ensure the proper storage, preparation, and service of food to
meet program needs.
(2) ((The licensee shall)) You must meet food service
standards by ensuring that;
(a) The staff person preparing full meals has a valid food handler permit;
(b) The staff person preparing and serving meals washes hands before handling food;
(c) Hand-washing facilities are located in or adjacent to food preparation areas;
(d) Your program stores food ((is stored)) in a sanitary
manner; especially milk, shell-fish, meat, poultry, eggs, and
other protein food sources;
(e) Your program stores food requiring refrigeration ((is
stored)) at a temperature no warmer than forty-five degrees
Fahrenheit;
(f) Your program stores frozen food ((is stored)) at a
maximum temperature of zero degrees Fahrenheit;
(g) You have equipped your refrigerators and freezers ((are
equipped)) with thermometers and ((are)) that your staff
regularly ((cleaned and defrosted)) cleans and defrosts your
facility's refrigerators and freezers;
(h) Your staff cooks food ((is cooked)) to correct
temperatures;
(i) Your staff washes raw food ((is washed)) thoroughly with
clean running water;
(j) Your staff rapidly cools and refrigerates cooked food to
be stored ((is rapidly cooled and refrigerated)) after
preparation;
(k) Your program keeps food ((is kept)) in original
containers or in clean, labeled containers and ((stored)) stores
the food off the floor;
(l) Your staff discards packaged, canned, and bottled food
with a past expiration date ((is discarded));
(m) Your staff discards food in dented cans or torn packages
((is discarded)); and
(n) You notify parents when your program serves food
containing sulfiting agents ((is served, parents are notified)).
(3) ((The child)) Children in care may participate in food
preparation as an education activity when:
(a) ((The licensee)) You make((s)) kitchen equipment
inaccessible to the ((child)) children, except during planned and
supervised kitchen activities; and
(b) Your staff supervises food preparation activities.
(4) ((The licensee shall)) You must install and maintain
kitchen equipment and clean reusable utensils in a safe and
sanitary manner by:
(a) Sanitizing reusable utensils in a dishwasher or through use of a three-compartment dishwashing procedure; and
(b) Using only single-use ((of)) clean cloths, solely, for
wiping food service, preparation, and eating surfaces.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-250, filed 12/30/92, effective 1/30/93.]
You must:
(1) ((The licensee shall)) Provide ((the child)) children
with single-use cups, individual drinking cups or glasses, or
inclined jet-type drinking fountains((.));
(2) ((The licensee shall)) Prohibit ((the)) your child care
center from using bubbler-type drinking fountains and common
drinking cups or glasses((.)); and
(3) ((The licensee shall)) Provide the ((child)) children
with durable eating utensils appropriate in size and shape for
the ((child)) children in care.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-260, filed 12/30/92, effective 1/30/93.]
You must:
(1) ((The licensee shall)) Operate the center:
(a) On an environmentally safe site;
(b) In a neighborhood free from ((a)) conditions detrimental
to the ((child's)) children's welfare; and
(c) In a location accessible to health and emergency service.
(2) ((The licensee shall)) Ensure that you maintain indoor
and outdoor premises ((are)) in a safe and sanitary condition,
free of hazards, and in good repair;
(3) ((The licensee shall)) Ensure that furniture and
equipment ((is)) are safe, stable, durable, and age-appropriate;
(4) ((The licensee shall)) Maintain a flashlight or other
emergency lighting device in working condition;
(5) ((The licensee shall)) Finish or cover rough or
untreated wood surfaces;
(6) ((The licensee shall)) Maintain one or more telephones
in working order, readily accessible to staff and children;
(7) ((The licensee shall)) Supply bathrooms and other rooms
subject to moisture with washable, moisture-impervious flooring;
(8) ((The licensee shall)) Ensure staff can gain rapid
access in an emergency to a bathroom or other room ((the child
occupies)) children may occupy;
(9) ((The licensee shall)) Shield light bulbs and tubes in
child-accessible areas;
(10) ((The licensee shall)) Keep the premises free from
rodents, fleas, cockroaches, and other insects and pests;
(11) ((The licensee shall)) Ensure no firearm or other
weapon is on the premises;
(12) ((The licensee shall)) Maintain adequate storage space
for play and teaching equipment, supplies, records, and
children's possessions and clothing;
(13) ((The licensee shall)) Safely store or make
inaccessible to the ((child)) children cleaning supplies, toxic
substances, paint, poisons, aerosol containers, and items bearing
warning labels;
(14) ((The licensee shall)) Label a container filled from a
stock supply to identify contents;
(15) ((The licensee shall)) Comply with fire safety
regulations adopted by the state fire marshal's office.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-280, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall)) You must maintain the
following water safety precautions when the ((child uses))
children in your care use an on-premises swimming pool, wading
pool, or natural body of water, or enter((s)) the water on a
field trip by ensuring;
(a) The on-premises pool or natural body of water is
inaccessible to the ((child)) children when not in use;
(b) During the ((child's)) children's use of a wading pool,
an adult with current CPR training supervises the child at all
times; and
(c) During the ((child's)) children's use of a swimming pool
or natural body of water, a certified lifeguard is present at all
times, in addition to required staff.
(2) ((The licensee shall)) You must, on a daily basis, empty
and clean portable wading pools, when in use.
(3) ((The licensee)) You may permit the ((child)) children
to use or access a hot tub, spa tank, or whirlpool only under
direct supervision and with written parental permission.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-290, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall))
You must maintain on the premises adequate first aid supplies
conforming with ((the)) your center's first aid policies and
procedures.
(2) ((The licensee's)) Your first aid supplies ((shall))
must include unexpired syrup of ipecac ((which may be
administered )). Your staff may administer syrup of ipecac only
on the advice of ((the)) a physician or the poison control
center.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-310, filed 12/30/92, effective 1/30/93.]
You must:
(1) ((The licensee shall)) Provide a safe and equipped
outdoor play area of sufficient size to meet the needs of the
((child)) children in care. The play area must:
(a) Be reachable by a safe route and method;
(b) ((Promoting)) Promote the ((child's)) children's active
play, physical development, and coordination;
(c) Be free of any dangerous condition and ((affording))
provide safe child entry and exit; and
(d) Be adaptable to the child or children with special needs.
(2) ((The licensee shall)) You must ensure that the center's
activity schedule affords the child sufficient daily time to
participate actively in outdoor play.
(3) The licensor may accept the playground that is on public school property and has been inspected by the school district or state or local health departments.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-320, filed 12/30/92, effective 1/30/93.]
(1) ((The)) Your school-age child care center
((shall)) must have adequate, usable space indoors((, ensuring))
to ensure that children are not crowded. ((The licensee shall
ensure)) You must provide a minimum of thirty-five square feet
per child of usable space ((is available)).
(2) ((The school age child care center shall)) Your facility
must have an identifiable space of its own during hours of
operation, which may include moveable furnishings ((an)) and
equipment.
(3) ((The licensee shall)) You must arrange indoor space to
encourage a variety of developmentally appropriate activities
including:
(a) Interest areas for focused activities;
(b) Open areas for large motor activities;
(c) Areas where children can work individually, in small groups, and in large groups; and
(d) Private spaces where children can rest, play, and work alone or with a friend.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-330, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall))
You must supply hand-washing sinks and toilets for the ((child))
children equal to, at minimum, the number the state or local
building code requires. You must meet the following minimum
ratios ((shall be as follows)):
(a) For toilets: 1:100 for boys((,)) and 1:35 for girls,
(b) For urinals: 1:30.
(2) ((The licensee shall)) You must supply the ((child))
children with warm, running water for handwashing at a
temperature range no less than eighty-five degrees Fahrenheit and
no more than one hundred twenty degrees Fahrenheit.
(3) ((The licensee shall)) You must locate the ((child's))
children's hand-washing facilities in or adjacent to rooms used
for toileting.
(4) ((The licensee shall)) You must provide toileting
privacy for the ((child)) children.
(5) ((The licensee shall)) You must ensure that rooms used
for toileting are ventilated to the outdoors.
(6) ((The licensee shall)) You must provide the ((child))
children with soap and individual towels or other appropriate
devices for washing and drying the ((child's)) children's hands
and faces.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-340, filed 12/30/92, effective 1/30/93.]
You must:
(1) ((The licensee shall)) Provide a cheerful environment
for the ((child)) children by placing visually stimulating
decorations, pictures, or other attractive materials at
appropriate heights for the ((child)) children in care((.));
(2) ((The licensee shall)) Maintain a safe and
developmentally appropriate noise level((.));
(3) ((The licensee shall)) Locate fixtures and provide
lighting intensities promoting visibility and comfort for the
((child)) children in care((.));
(4) ((The licensee shall)) Maintain the temperature within
the center at sixty-eight degrees Fahrenheit or more((.)); and
(5) ((The licensee shall)) Regulate the temperature and
ventilate the center for the health and comfort of the ((child))
children in care.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-380, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee shall))
You must comply with federal and state regulatory and statutory
requirements, defined under chapter 49.60 RCW, regarding
nondiscrimination in employment practices and client services.
(2) Consistent with state and federal laws, ((the licensee
shall)) you must respect and facilitate all rights of the
((child)) children in care.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-390, filed 12/30/92, effective 1/30/93.]
When five percent or
more of ((the)) your center's child enrollment consists of Indian
children, ((the licensee shall develop)) you must, in
consultation with the parent, establish a plan to provide social
service resources and staff training programs designed to meet
the ((special)) social and cultural needs of such children
((through coordination)). You may coordinate with tribal, Indian
health service, and Bureau of Indian Affairs social service staff
and appropriate urban Indian and Alaskan native consultants.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-410, filed 12/30/92, effective 1/30/93.]
((The license)) You
and your staff ((shall)) must protect the ((child)) children in
care from child abuse, neglect, or exploitation, as required
under chapter 26.44 RCW. If you or your staff have reasonable
cause to believe that a child has suffered abuse or neglect, you
or your staff must report the alleged incident to law enforcement
or the department's child protective services (CPS) section in
accordance with RCW 26.44.030.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-420, filed 12/30/92, effective 1/30/93.]
(1)
During operating hours or when ((the child is)) children are in
care, ((the licensee,)) you, your staff, and volunteers on your
center premises or caring for the ((child)) children off-site
((shall)) must not be under the influence of, consume, or possess
an:
(a) Alcoholic beverage; or
(b) Illegal drug.
(2) ((The licensee shall)) You must prohibit smoking in the
center and in ((the)) motor vehicle when ((the licensee
transports the child. The licensee)) you, your staff, or
volunteers transport children. You may permit on-premises
smoking only outdoors, away from the building, when the ((child
is)) children are not present.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-430, filed 12/30/92, effective 1/30/93.]
(1) During center
operating hours or while ((the child is)) children are in care,
only ((the licensee,)) you, your employees, ((or)) and your
volunteers, or an authorized representative of a governmental
agency, school district, or an approved adult related to the
child in care ((shall)) may have unsupervised access to the
((child)) children in care.
(2) ((The licensee shall)) You must allow the parent of a
child in care unsupervised access only to the parent's own child.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-440, filed 12/30/92, effective 1/30/93.]
((The licensee shall)) You must maintain, on
the premises, organized and confidential records and information
concerning ((the)) each child in care. ((The licensee shall))
You must ensure ((the)) each child's record contains, at a
minimum:
(1) Registration data:
(a) Name, birth date, dates of enrollment and termination, and other identifying information;
(b) Name, address, and home and business telephone numbers
of the parent and other person ((to be contacted)) for you to
contact in case of emergency; and
(c) A completed enrollment application signed by the parent, guardian, or responsible relative.
(2) Authorizations:
(a) Name, address, and telephone number of ((another)) any
other person authorized to remove the child in care from the
center;
(b) Written parental consent for transportation provided by the center, including field trips and swimming, when the child participates in these activities. A parent-signed blanket consent form may authorize the child's off-site travel; and
(c) Written parental consent, or court order, for providing medical care and emergency surgery, except for such care authorized by law.
(3) Medical and health data:
(a) Date and kind of illness or injury occurring on the premises including the treatment given by your staff;
(b) Medication given by your staff indicating dosage, date, time, and name of dispensing staff person; and
(c) A health history obtained when ((the licensee)) you or
your staff enrolls the child for care. The history includes:
(i) The date of the child's last physical examination;
(ii) Allergies;
(iii) Special health or developmental problems and other pertinent health information;
(iv) Name, address, and telephone number of child's health care provider or facility; and
(v) A record of immunization status.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-450, filed 12/30/92, effective 1/30/93.]
((The licensee shall)) You must maintain the following
documentation on the premises:
(1) The daily attendance record:
(a) The parent, or other person authorized by the parent to
take the child to or from the center, ((shall)) must sign in the
child on arrival and ((shall)) must sign out the child at
departure, using a full, legal signature; ((and))
(b) When the child leaves the center to attend school or
other off-site activity as authorized by the parent, ((the)) your
staff person ((shall)) must sign out the child and sign in the
child on return to the center; and
(c) Signed agreements between a program director and a parent where school-age child is allowed to leave the center on his own, must be verified by signature and dated by the director and parent. Staff may sign a child in/out whose parent has agreed in writing to let the child leave the center.
(2) A copy of the report sent to the department about
((the)) any illness or injury to the child in care requiring
medical treatment or hospitalization;
(3) The twelve-month record indicating the date and time
((the licensee)) you conducted the required monthly fire
evacuation drills;
(4) A written plan for staff development specifying the content, frequency, and manner of planned training;
(5) Activity program plan records;
(6) A list of ((the)) each child's allergies and dietary
restrictions, if any;
(7) Any incident involving the use of physical restraint;
(8) A record of medication your staff gives to ((the)) any
child; and
(9) A record of accidents and injuries.
(10) Personnel records as described in WAC 388-151-470(4).
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-460, filed 12/30/92, effective 1/30/93.]
(1) Each employee and volunteer
having unsupervised or regular access to the child in care
((shall)) must complete and submit to ((the licensee)) you or
your director by the date of hire:
(a) An application for employment on a department-prescribed form or its equivalent; and
(b) A criminal history and background inquiry form:
(i) ((The licensee shall)) You must submit this form to the
department for ((the)) each employee and volunteer, within seven
calendar days of the employee's first day of employment((,
permitting)) so that the department may complete a criminal and
background history check; and
(ii) The department ((shall)) must discuss the inquiry
information with ((the licensee)) you or your director, when
applicable.
(c) A Federal Bureau of Investigation (FBI) check, for you or any employee, or volunteer, if you, the employee, or volunteer has lived in the state for less than three years.
(2) Each employee serving as a program director, site
coordinator, or staff person required to complete training under
WAC ((388-151-190(7) shall)) 388-151-190(8) must complete and
submit ((to the licensee or)) a Washington state training and
registry system (STARS) profile form to you or your director by
the date of hire ((a Washington state training and registry
system (STARS) profile form)). ((The licensee shall)) You must
submit this form to ((the Washington state training and registry
system)) STARS within seven calendar days of the employee's first
day of employment, ((permitting tracking of)) so that the
department may track the employee's compliance with training
requirements.
(3) ((The licensee shall)) You must have written personnel
policies describing staff benefits, if any, duties,
qualifications, grievance procedures, pay dates, and
nondiscrimination policies.
(4) ((The licensee shall)) You must maintain on the premises
a personnel record keeping system, ((having on)) including a file
for ((the licensee,)) you and each staff person((,)) and
volunteer containing:
(a) An employment application including work and education history;
(b) Documentation of criminal history and background inquiry form submission, or FBI fingerprint check, if applicable;
(c) A record of Mantoux method tuberculin skin test results, x-ray, or an exemption to the skin test or x-ray;
(d) Documentation on HIV/AIDS education and training;
(e) A record of participation in staff development training;
(f) Documentation of orientation program completion;
(g) Documentation of a valid food handler permit, when applicable;
(h) Documentation of current first aid and CPR training, when applicable; and
(i) Documentation of basic and annual training required
under WAC 388-151-180 (2)(i) and (4)(f), 388-151-190(((7)))(8)
and 388-151-200(7).
[Statutory Authority: RCW 74.15.030. 98-24-052, § 388-151-470, filed 11/25/98, effective 12/26/98. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-470, filed 12/30/92, effective 1/30/93.]
((The
licensee)) You or your staff ((shall)) must report immediately:
(1) A death, serious injury requiring medical treatment, or illness requiring hospitalization of a child in care, by telephone and in writing, to the child's parent and the department;
(2) An instance when ((the licensee or)) you or your staff
has reason to suspect the occurrence of physical, sexual, or
emotional child abuse, child neglect, or child exploitation as
required under chapter 26.44 RCW, by telephone, to child
protective services or local law enforcement; and
(3) An occurrence of food poisoning or communicable disease, as required by the state board of health, by telephone, to the local public health department.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-480, filed 12/30/92, effective 1/30/93.]
A
school-age child care center license is valid only for the
address, person, and organization named on the license. ((The
licensee shall)) You must promptly report to the department a
major change affecting ((the)) your center's classification,
delivery of safe, developmentally appropriate services, or
continued eligibility for licensure. A major change includes
the:
(1) Center's address, location, space, or phone number;
(2) Maximum number and ages of children served as compared to current license specifications;
(3) Change of ownership, chief executive officer, licensee, director, or site coordinator;
(4) Name of the licensed corporation or name by which the center is commonly known or changes in the center's articles of incorporation and bylaws;
(5) Occurrence of a fire, major structural change, or damage to the premises; and
(6) Plans for major remodeling of the center including planned use of space not previously department-approved.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-490, filed 12/30/92, effective 1/30/93.]
(1) ((The licensee
shall)) You must post the following items, clearly visible to the
parents of children in care and your staff:
(a) The center's child care license issued under this chapter;
(b) A list of all staff names;
(c) A typical activity schedule including operating hours;
(d) Food menus;
(e) Evacuation plans and procedures including a diagram of exiting routes; and
(f) Emergency telephone numbers, including 911 and local law enforcement, highlighted and posted by the telephone with the center's address.
(2) For ((the)) your staff, ((the licensee shall)) you must
post:
(a) Dietary restrictions for particular children; and
(b) Handwashing practices.
[Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-500, filed 12/30/92, effective 1/30/93.]
The following section of the Washington Administrative Code is repealed:
| WAC 388-151-050 | Waivers. |