WSR 02-13-071

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 14, 2002, 3:31 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Child day care facility definitions.

Purpose: Updating definitions found in WAC 388-150-010, 388-151-010, and 388-155-010.

Statutory Authority for Adoption: Chapter 74.15 RCW, RCW 74.08.090.

Statute Being Implemented: RCW 74.15.030.

Summary: WAC 388-150-010, 388-151-010, and 388-155-010 are amended to include definitions of "I," "you" and "your" to mean a department client; and, "we" or "our" to mean the department. Amendments only clarify existing terms without changing the effect of these rules. Therefore a preproposal statement of inquiry is not required per RCW 35.05.310 [34.05.310] (4)(d).

Reasons Supporting Proposal: Definitions are necessary to clarify these terms as used in this and other amendments of chapters 388-150, 388-151, and 388-155 WAC.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leslie Edwards-Hill, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98504, (360) 413-3289.

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: WAC 388-150-010, 388-151-010, and 388-155-010 are expanded to include definitions of "I," "you" and "your" to mean a department client; and "we" or "our" to clarify revisions made in the format of WAC 388-150-090, 388-151-090, and 388-155-090.

Proposal Changes the Following Existing Rules: WAC 388-150-010, 388-151-010, and 388-155-010 are amended to include definitions of "I," "you" and "your" and "we" or "our" to mean the department. Amendments will clarify these terms as used in this and other amendments of chapters 388-150, 388-151, and 388-155 WAC.

No small business economic impact statement has been prepared under chapter 19.85 RCW. While these WAC chapters affect licensing of childcare centers that may be small businesses, the proposed amendments only clarify definitions and will not impose any additional costs to small businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed amendments only clarify language in existing rules without changing their effect, and are therefore exempt under RCW 34.05.328 (5)(b)(iv).

Hearing Location: Office Building 2, Auditorium (DSHS Headquarters) (parking at 12th and Washington), 1115 Washington, Olympia, WA 98502, on July 23, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by July 19, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., July 23, 2002.

Date of Intended Adoption: Not earlier than July 23, 2002.

June 13, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3095.1
AMENDATORY SECTION(Amending WSR 98-24-052, filed 11/25/98, effective 12/26/98)

WAC 388-150-010   Definitions.   As used and defined under this chapter:

"Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

"Center" means the same as "child day care center."

"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, and safety is harmed thereby.

"Child day care center" means a facility providing regularly scheduled care for a group of children one month of age through twelve years of age for periods less than twenty-four hours; except, a program meeting the definition of a family child care home shall not be licensed as a day care center without meeting the requirements of WAC 388-150-020 (5)(a).

"Department" means the state department of social and health services.

"Department of health" means the state department of health.

"I," "you," and "your" refer to and mean the licensee or applicant for a child care license.

"Infant" means a child eleven months of age and under.

"License" means a permit issued by the department authorizing by law the licensee to operate a child day care center and certifying the licensee meets minimum requirements under licensure.

"Licensee" means the person, organization, or legal entity responsible for operating the center.

"Premises" means the building where the center is located and the adjoining grounds over which the licensee has control.

"Preschool age child" means a child thirty months of age through five years of age not enrolled in kindergarten or an elementary school.

"School-age child" means a child five years of age through twelve years of age enrolled in kindergarten or an elementary school.

"Staff" means a child care giver or a group of child care givers employed by the licensee to supervise a child served at the center.

"Toddler" means a child twelve months of age through twenty-nine months of age.

"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 training requirements.

"We" or "our" refer to and mean the department of social and health services, including division of child care and early learning licensors.

[Statutory Authority: RCW 74.15.030. 98-24-052, 388-150-010, filed 11/25/98, effective 12/26/98. Statutory Authority: RCW 74.15.020 and 74.15.030. 93-18-001 (Order 3623), 388-150-010, filed 8/18/93, effective 9/18/93. Statutory Authority: RCW 74.15.030. 90-23-078 (Order 3103), 388-150-010, filed 11/20/90, effective 12/21/90.]

3096.1
AMENDATORY SECTION(Amending WSR 00-06-040, filed 2/28/00, effective 3/30/00)

WAC 388-155-010   Definitions.   As used and defined under this chapter:

"American Indian child" means any unmarried person under the age of eighteen who is:

(1) A member of or eligible for membership in a federally recognized Indian tribe, or who is Eskimo, Aleut or other Alaska Native and a member of an Alaskan native regional Corporation or Alaska Native Village;

(2) Determined or eligible to be found to be Indian by the Secretary of the Interior, including through issuance of a certificate of degree of Indian blood, or by the Indian health service;

(3) Considered to be Indian by a federally recognized or nonfederally recognized Indian tribe; or

(4) A member or entitled to be a member of a Canadian tribe or band, Metis community, or nonstatus Indian community from Canada.

"Assistant" means a child care giver employed by the licensee to supervise a child served at the home.

"Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

"Child" means a person seventeen years of age and under.

"Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by a person under circumstances indicating the child's health, welfare, and safety is harmed.

"Department" means the state department of social and health services.

"Department of health" means the state department of health.

"Family abode" means "a single dwelling unit and accessory buildings occupied for living purposes by a family which provides permanent provisions for living, sleeping, eating, cooking, and sanitation."

"Family child care home" means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, within a birth through eleven-years-of-age range exclusively, for periods less than twenty-four hours unless care in excess of twenty-four hours is necessary due to the nature of the parent's work.

"Family child day care home" means the same as "family child care home" and "a child day care facility, licensed by the state, located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home."

"Family residence" means the same as "family abode."

"Home" means the same as "family child care home."

"I," "you," and "your" refer to and mean the licensee or applicant for a child care license.

"License" means a permit issued by the department authorizing by law the licensee to operate a family child care home and certifying the licensee meets minimum requirements under licensure.

"Licensee" means the person, organization, or legal entity responsible for operating the home.

"Premises" means the buildings where the home is located and the adjoining grounds over which the licensee has control.

"Provider" means the same as "licensee."

"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 training requirements.

"We" or "our" refer to and mean the department of social and health services, including division of child care and early learning licensors.

[Statutory Authority: RCW 74.15.030. 00-06-040, 388-155-010, filed 2/28/00, effective 3/30/00; 98-24-052, 388-155-010, filed 11/25/98, effective 12/26/98; 91-04-048 (Order 3136), 388-155-010, filed 2/1/91, effective 3/4/91.]

3097.1
AMENDATORY SECTION(Amending WSR 01-02-031, filed 12/22/00, effective 1/22/01)

WAC 388-151-010   What definitions are important for the school-age child care center program?   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 as defined in RCW 26.44.020 and chapter 388-15 WAC.

"Department" means the state department of social and health services (DSHS), the 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 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 enrolled in 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. The program must meet department licensing requirements, provide adult-supervised care, and a variety of developmentally appropriate activities.

"Staff" means a person or persons employed by the licensee to provide child care and to supervise 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.

"We" or "our" refer to and mean the department of social and health services, including division of child care and early learning licensors.

[Statutory Authority: RCW 74.15.020. 01-02-031, 388-151-010, filed 12/22/00, effective 1/22/01. 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.]

Washington State Code Reviser's Office