WSR 05-07-131



(Economic Services Administration)

[ Filed March 22, 2005, 4:38 p.m. ]

     Subject of Possible Rule Making: The Department of Social and Health Services, Economic Services Administration, is amending forty-two sections (and other related sections) of chapter 388-296 WAC, Minimum licensing requirements for child care centers. In addition, there are seventeen new sections being added and one section being repealed.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 74.15 RCW, RCW 74.08.090.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Minimum licensing requirements for child care centers are necessary to protect and promote the health, safety and well being of children in out of home care. Sections of chapter 388-295 WAC are being amended to clarify or simplify existing rule language or to correct typographical errors. Changes were also made to reflect the newly adopted FDA food code requirements. In addition, new sections have been added to:

Clarify staff qualifications and the background clearance process.
Inform providers and the public of the overpayment process for child care subsidies.
Provide clarification with regards to the civil penalty process.
More clearly address outdoor play areas requirements.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of Health - Immunization Program; Washington State Patrol (State Fire Marshal); Division of Labor and Industries (Minor Work Laws, First Aid and CPR, Blood-borne Pathogens, Electrical); key personnel have been identified at each agency to work with. Initial draft WAC has been sent to each agency for review and comment to ensure consistency and coordination.

     Process for Developing New Rule: All interested parties are invited to review and provide input on draft language. Postcards will be sent to each child care center in the state of Washington announcing the draft change and location on the DCCEL internet site for review and comment. For information about this rule-making, or to be on a mailing list to receive notices about this rule, contact the person listed below.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Liz Egge, Licensing Program Manager, Division of Child Care and Early Learning, P.O. Box 45480, Olympia, WA 98504-5480, phone (360) 725-4681, fax (360) 413-3482, e-mail, Street Address: 1009 College Street, Lacey, WA 98503.

March 21, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

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