BP BHEAD INT H [atlas:bill]

AN ACT Relating to simplifying laws related to family day-care providers; amending RCW 74.15.020, 74.15.030, 74.15.100, and 74.15.130; adding a new chapter to Title 74 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. (1) It is the intent of the legislature that families have choices in child day-care settings. To promote the availability of family day-care providers and protect the fundamental rights of parents to autonomy in childrearing decisions, it is the intent of the legislature that family day-care providers shall be regulated only to the extent necessary to protect the health and safety of day-care children and through the narrowest means possible. To clarify the authority under which the secretary shall regulate family day-care providers, a new chapter is created.

(2) The purpose of this chapter is:

(a) To safeguard the health and safety of children receiving care away from their own homes;

(b) To safeguard the fundamental rights of parents to determine care, custody, upbringing, and education of their children;

(d) To license family day-care providers to protect children from harm.

(3) This chapter, and regulations issued pursuant to this chapter, shall be narrowly construed.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1)(a) "Family day-care provider" or "provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters.

(b) "Family day-care provider" shall not include the following:

(i) Persons related to the child in the following ways:

(A) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(B) Stepfather, stepmother, stepbrother, and stepsister;

(C) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(D) Spouses of any persons named in (b)(i)(A), (B), or (C) of this subsection, even after the marriage is terminated; or

(E) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(ii) Persons who are legal guardians of the child;

(iii) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the parent and person providing care have agreed to the placement in writing and the state is not providing any payment for the care;

(iv) Parents on a mutually cooperative basis exchange care of one another's children;

(v) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

(vi) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

(vii) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children, and do not accept custody of children;

(viii) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

(ix) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW, and boarding homes licensed under chapter 18.20 RCW;

(x) Licensed physicians or lawyers;

(xi) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

(xii) Facilities approved and certified under chapter 71A.22 RCW;

(xiii) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency, or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

(xiv) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

(xv) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

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

(3) "Probationary license" means a license issued as a disciplinary measure to a family day-care provider that has previously been issued a full license but is out of compliance with licensing standards.

(4) "Requirement" means any rule, regulation, or standard of care to be maintained by a family day-care provider.

(5) "Secretary" means the secretary of social and health services.

NEW SECTION. Sec. 3. The secretary has the power and it is the secretary's duty, after public hearings:

(1) To adopt and publish narrowly tailored minimum requirements for licensing applicable to family day-care providers.

The minimum requirements are limited to:

(a) The size of the facility;

(b) Investigating and establishing the police records or court proceedings including but not limited to crimes of violence, crimes against children, and drug abuse of a family day-care provider and other persons associated with a provider directly responsible for the care and treatment of children. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each provider and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for a license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children, shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check. The fingerprint criminal history record checks will be at the expense of the licensee. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record.

The secretary shall use the information solely for the purpose of determining: (i) Eligibility for a license; and (ii) the competence of those persons or providers, excluding parents, not required to be licensed who are authorized to care for children. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(d) The safety of the premises to prevent harm to children;

(e) The provision of necessary care for food, clothing, supervision, and physical well-being; and

(f) The maintenance of records pertaining to the admission, health, and discharge of persons served;

(2) To investigate any person seeking a day-care license, or their prospective employee, for eligibility under this chapter prior to authorizing that person to care for children;

(3) On reports of alleged child abuse and neglect, to immediately advise law enforcement agencies as defined in RCW 26.44.030(4). In accordance with chapter 26.44 RCW, a law enforcement agency shall investigate to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a prosecuting agency is necessary;

(4) To issue, revoke, or deny licenses to providers under this chapter;

(5) To inspect providers periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;

(6) To review requirements adopted under this chapter at least every two years and to bring suggested changes to the legislature.

NEW SECTION. Sec. 4. The chief of the Washington state patrol, through the director of fire protection, has the power and it is his or her duty:

(1) To adopt recognized minimum standard requirements necessary to protect all persons residing therein from fire hazards;

(2) To make or cause to be made such inspections and investigations of family day-care providers as he or she deems necessary;

(3) To make a periodic review of requirements under section 3(6) of this act and to adopt necessary changes;

(4) To issue to applicants for licenses under this chapter, a certificate of compliance, a copy of which shall be presented to the department before a license is issued, except that an initial license may be issued as provided in section 9 of this act.

NEW SECTION. Sec. 5. The secretary of health has the power and it is his or her duty to develop, after holding public hearings, narrowly tailored minimum requirements under this chapter necessary to protect the health of children attending day care.

The secretary of health or the city, county, or district health department designated by the secretary of health shall have the power and the duty:

(1) To make or cause to be made such inspections and investigations of providers as may be deemed necessary; and

(2) To issue to applicants for licenses under this chapter who comply with the requirements adopted under this chapter, a certificate of compliance, a copy of which shall be presented to the department before a license is issued, except that an initial license may be issued as provided in section 9 of this act.

NEW SECTION. Sec. 6. All family day-care providers subject to this chapter shall accord the department, the secretary of health, the chief of the Washington state patrol, and the director of fire protection, or their designees, during hours of providing day-care services, the right of access to and inspection of the premises for the purpose of determining whether or not there is compliance with the provisions of this chapter and the requirements adopted under this chapter.

NEW SECTION. Sec. 7. Each family day-care provider shall make application for a license or renewal of license to the department. Upon receipt of such application, the department shall either grant or deny a license within ninety days. A license shall be granted if the provider meets the minimum requirements set forth in this chapter and the departmental requirements consistent herewith, except that an initial license may be issued as provided in section 9 of this act. Licenses provided for in this chapter shall be issued for a period of three years. The licensee, however, shall advise the secretary of any material change in circumstances which may affect the licensee's ability to comply with requirements as provided by this chapter. The license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application. For family day-care providers having an acceptable history of child care, the license may remain in effect for thirty days after a move.

NEW SECTION. Sec. 8. If a licensee desires to apply for a renewal of its license, a request for a renewal shall be filed ninety days prior to the expiration date of the license. Licenses shall be automatically renewed unless the department establishes, by a preponderance of evidence, that the licensee cannot protect day-care children from harm.

NEW SECTION. Sec. 9. The secretary may, at his or her discretion, issue an initial license instead of a full license, to a family day-care provider for a period not to exceed six months, renewable for a period not to exceed two years, to allow such provider reasonable time to become eligible for full license.

NEW SECTION. Sec. 10. (1) The department may issue a probationary license to a licensee who has had a license but is temporarily unable to comply with a rule or has been the subject of multiple complaints or concerns about noncompliance if:

(a) The noncompliance does not present an immediate threat to the safety of the children but would be likely to do so if allowed to continue; and

(b) The licensee has a plan approved by the department to correct the area of noncompliance within the probationary period.

(2) A probationary license may be issued for up to six months, and at the discretion of the department it may be extended for an additional six months. The department shall immediately terminate the probationary license, if at any time the noncompliance for which the probationary license was issued presents an immediate threat to the safety of the children.

(3) An existing license is invalidated when a probationary license is issued.

(4) If the licensee has come into compliance by the expiration of the probationary license period, the department shall reinstate the original license for the remainder of its term.

(5) If the licensee has not come into compliance by the expiration of the probationary license period, the department shall revoke the original license, unless the licensee can establish good cause for noncompliance and there is no direct threat of harm to the children.

(6) A licensee or license applicant has the right to an adjudicative proceeding if the department restricts, limits, or revokes the day-care license.

NEW SECTION. Sec. 11. (1) A family day-care provider may be denied a license, or any license issued under this chapter may be suspended, revoked, modified, or not renewed by the secretary upon proof: (a) Of a threat of harm to the day-care children; or (b) that the conditions required for the issuance of a license under this chapter have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, the department's decision shall not be upheld unless the department proves that its action was necessary to protect children from harm and was the least intrusive means to ensure safety. The parents of children at the day care at issue shall be accorded full rights to testify, and their opinions shall be given substantial weight.

NEW SECTION. Sec. 12. (1) The office of administrative hearings shall not assign nor allow an administrative law judge to preside over an adjudicative hearing regarding denial, modification, suspension, or revocation of any license to provide child care under this chapter, unless such judge has received training related to state and federal laws and department policies and procedures regarding:

(a) Child abuse, neglect, and maltreatment;

(b) Child protective services investigations and standards;

(d) The fundamental rights of parents to autonomy in childrearing decisions.

(2) The office of administrative hearings shall develop and implement a training program that carries out the requirements of this section.

NEW SECTION. Sec. 13. The secretary shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the secretary's receipt of a release issued by the department stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 14. Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, upon the advice of the attorney general, who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or such other relief as he or she may deem advisable against any family day-care provider subject to licensing under the provisions of this chapter or against any such provider not having a license as provided in this chapter.

NEW SECTION. Sec. 15. Any family day-care provider operating without a license is guilty of a misdemeanor if the provider has been served with a written notice and has failed after thirty days to cease and desist or to apply for licensing under this chapter. If the family day-care provider applies for a license which is subsequently denied, the provider shall not be guilty of a misdemeanor unless the provider fails to cease and desist within thirty days of denial of the license.

NEW SECTION. Sec. 16. (1) Existing rules for licensing family day-care providers adopted under chapter 74.15 RCW that are consistent with this chapter shall remain in force and effect until new rules are adopted under this chapter, but not thereafter.

(2)(a) In licensing individuals to provide family home child care, the department shall adopt rules that are narrowly tailored to minimize government intrusion into the family home day-care setting. The department shall propose rules that include reasonable safety requirements as may be found in the child's family residence.

(b) The department shall not propose rules under this section that set a higher standard of safety than may be reasonably expected in a private residence.

(c) The department shall submit the rules adopted under this section to the appropriate committees of the legislature for their review prior to the effective date of the rules.

(d) The secretary shall adopt rules that explicitly state their applicability to family day-care providers. Adopted rules pertaining to family day-care providers shall appear in a separate chapter of the Washington Administrative Code.

NEW SECTION. Sec. 17. Nothing in this chapter or the rules adopted under this chapter shall be construed as authorizing the supervision, regulation, or control of any family day-care provider conducted for or by members of a recognized religious sect, denomination or organization which in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion, nor shall the existence of any of the above conditions militate against the licensing of such a provider.

NEW SECTION. Sec. 18. The state of Washington recognizes the authority of Indian tribes within the state to license providers, located within the boundaries of a federally recognized Indian reservation, to receive children for control, care, and maintenance outside their own homes.

NEW SECTION. Sec. 19. The department has primary responsibility for providing child abuse and neglect prevention training to parents and licensed child day-care providers of preschool age children participating in day-care programs meeting the requirements of this chapter. The department may limit training under this section to trainers' workshops and curriculum development using existing resources.

Sec. 20. RCW 74.15.020 and 1999 c 267 s 11 are each amended to read as follows:

For the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by the context thereof, the following terms shall mean:

(1) "Agency" means any person, firm, partnership, association, corporation, or facility which receives children, expectant mothers, or persons with developmental disabilities for control, care, or maintenance outside their own homes, or which places, arranges the placement of, or assists in the placement of children, expectant mothers, or persons with developmental disabilities for foster care or placement of children for adoption, and shall include the following irrespective of whether there is compensation to the agency or to the children, expectant mothers or persons with developmental disabilities for services rendered:

(a) "Child day-care center" means an agency which regularly provides care for a group of children for periods of less than twenty-four hours;

(b) "Child-placing agency" means an agency which places a child or children for temporary care, continued care, or for adoption;

(c) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility;

(d) "Crisis residential center" means an agency which is a temporary protective residential facility operated to perform the duties specified in chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;

(e) ((~~"Family day-care provider" means a child day-care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters;~~

~~(f)~~)) "Foster-family home" means an agency which regularly provides care on a twenty-four hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed;

((~~(g)~~)) (f) "Group-care facility" means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a twenty-four hour basis;

((~~(h)~~)) (g) "HOPE center" means an agency licensed by the secretary to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for thirty days while services are arranged and permanent placement is coordinated. No street youth may stay longer than thirty days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;

((~~(i)~~)) (h) "Maternity service" means an agency which provides or arranges for care or services to expectant mothers, before or during confinement, or which provides care as needed to mothers and their infants after confinement;

((~~(j)~~)) (i) "Responsible living skills program" means an agency licensed by the secretary that provides residential and transitional living services to persons ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have been unable to live in his or her legally authorized residence and, as a result, the minor lived outdoors or in another unsafe location not intended for occupancy by the minor. Dependent minors ages fourteen and fifteen may be eligible if no other placement alternative is available and the department approves the placement;

((~~(k)~~)) (j) "Service provider" means the entity that operates a community facility.

(2) "Agency" shall not include the following:

(a) Persons related to the child, expectant mother, or person with developmental disability in the following ways:

(i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great;

(ii) Stepfather, stepmother, stepbrother, and stepsister;

(iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law;

(iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the marriage is terminated; or

(v) Extended family members, as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent who provides care in the family abode on a twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);

(b) Family day-care providers, as defined and regulated under chapter 74.-- RCW (sections 1 through 19 of this act);

((~~(c)~~)) (d) Persons who care for a neighbor's or friend's child or children, with or without compensation, where: (i) The person providing care for periods of less than twenty-four hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; or (ii) the parent and person providing care on a twenty-four-hour basis have agreed to the placement in writing and the state is not providing any payment for the care;

((~~(d)~~)) (e) Parents on a mutually cooperative basis exchange care of one another's children;

((~~(e)~~)) (f) A person, partnership, corporation, or other entity that provides placement or similar services to exchange students or international student exchange visitors or persons who have the care of an exchange student in their home;

((~~(f)~~)) (g) Nursery schools or kindergartens which are engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day;

((~~(g)~~)) (h) Schools, including boarding schools, which are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, accept only school-age children and do not accept custody of children;

((~~(h)~~)) (i) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;

((~~(i)~~)) (j) Hospitals licensed pursuant to chapter 70.41 RCW when performing functions defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes licensed under chapter 18.20 RCW;

((~~(j)~~)) (k) Licensed physicians or lawyers;

((~~(k)~~)) (l) Facilities providing care to children for periods of less than twenty-four hours whose parents remain on the premises to participate in activities other than employment;

((~~(l)~~)) (m) Facilities approved and certified under chapter 71A.22 RCW;

((~~(m)~~)) (n) Any agency having been in operation in this state ten years prior to June 8, 1967, and not seeking or accepting moneys or assistance from any state or federal agency, and is supported in part by an endowment or trust fund;

((~~(n)~~)) (o) Persons who have a child in their home for purposes of adoption, if the child was placed in such home by a licensed child-placing agency, an authorized public or tribal agency or court or if a replacement report has been filed under chapter 26.33 RCW and the placement has been approved by the court;

((~~(o)~~)) (p) An agency operated by any unit of local, state, or federal government or an agency, located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe;

((~~(p)~~)) (q) An agency located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter.

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

(4) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

(5) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards.

(6) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

(7) "Secretary" means the secretary of social and health services.

(8) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.

(9) "Transitional living services" means at a minimum, to the extent funds are available, the following:

(a) Educational services, including basic literacy and computational skills training, either in local alternative or public high schools or in a high school equivalency program that leads to obtaining a high school equivalency degree;

(b) Assistance and counseling related to obtaining vocational training or higher education, job readiness, job search assistance, and placement programs;

(c) Counseling and instruction in life skills such as money management, home management, consumer skills, parenting, health care, access to community resources, and transportation and housing options;

(d) Individual and group counseling; and

(e) Establishing networks with federal agencies and state and local organizations such as the United States department of labor, employment and training administration programs including the job training partnership act which administers private industry councils and the job corps; vocational rehabilitation; and volunteer programs.

Sec. 21. RCW 74.15.030 and 1997 c 386 s 33 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges and dependency record information under chapter 43.43 RCW of each agency and its staff seeking licensure or relicensure. In order to determine the suitability of applicants for an agency license, licensees, their employees, and other persons who have unsupervised access to children in care, and who have not resided in the state of Washington during the three-year period before being authorized to care for children shall be fingerprinted. The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history records check. The fingerprint criminal history records checks will be at the expense of the licensee except that in the case of a foster family home, if this expense would work a hardship on the licensee, the department shall pay the expense. The licensee may not pass this cost on to the employee or prospective employee, unless the employee is determined to be unsuitable due to his or her criminal history record. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served;

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons. However, if a child is placed with a relative under RCW 13.34.060 or 13.34.130, and if such relative appears otherwise suitable and competent to provide care and treatment the criminal history background check required by this section need not be completed before placement, but shall be completed as soon as possible after placement;

(4) On reports of alleged child abuse and neglect, to investigate agencies in accordance with chapter 26.44 RCW, including child day-care centers ((~~and family day-care homes~~)), to determine whether the alleged abuse or neglect has occurred, and whether child protective services or referral to a law enforcement agency is appropriate;

(5) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(6) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(7) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(8) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the child care coordinating committee and other affected groups for child day-care requirements and with the children's services advisory committee for requirements for other agencies; and

(9) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

Sec. 22. RCW 74.15.100 and 1995 c 302 s 8 are each amended to read as follows:

Each agency shall make application for a license or renewal of license to the department of social and health services on forms prescribed by the department. A licensed agency having foster-family homes under its supervision may make application for a license on behalf of any such foster-family home. Such a foster home license shall cease to be valid when the home is no longer under the supervision of that agency. Upon receipt of such application, the department shall either grant or deny a license within ninety days unless the application is for licensure as a foster-family home, in which case RCW 74.15.040 shall govern. A license shall be granted if the agency meets the minimum requirements set forth in chapter 74.15 RCW and RCW 74.13.031 and the departmental requirements consistent herewith, except that an initial license may be issued as provided in RCW 74.15.120. Licenses provided for in chapter 74.15 RCW and RCW 74.13.031 shall be issued for a period of three years. The licensee, however, shall advise the secretary of any material change in circumstances which might constitute grounds for reclassification of license as to category. The license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application. For licensed foster-family ((~~and family day-care~~)) homes having an acceptable history of child care, the license may remain in effect for two weeks after a move, except that for the foster-family home this will apply only if the family remains intact.

Sec. 23. RCW 74.15.130 and 1998 c 314 s 6 are each amended to read as follows:

(1) An agency may be denied a license, or any license issued pursuant to chapter 74.15 RCW and RCW 74.13.031 may be suspended, revoked, modified, or not renewed by the secretary upon proof (a) that the agency has failed or refused to comply with the provisions of chapter 74.15 RCW and RCW 74.13.031 or the requirements promulgated pursuant to the provisions of chapter 74.15 RCW and RCW 74.13.031; or (b) that the conditions required for the issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses. RCW 43.20A.205 governs notice of a license denial, revocation, suspension, or modification and provides the right to an adjudicative proceeding.

(2) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of a foster family home license, the department's decision shall be upheld if there is reasonable cause to believe that:

(a) The applicant or licensee lacks the character, suitability, or competence to care for children placed in out-of-home care, however, no unfounded report of child abuse or neglect may be used to deny employment or a license;

(b) The applicant or licensee has failed or refused to comply with any provision of chapter 74.15 RCW, RCW 74.13.031, or the requirements adopted pursuant to such provisions; or

(c) The conditions required for issuance of a license under chapter 74.15 RCW and RCW 74.13.031 have ceased to exist with respect to such licenses.

(3) In any adjudicative proceeding regarding the denial, modification, suspension, or revocation of any license under this chapter, other than a foster family home license, the department's decision shall be upheld if it is supported by a preponderance of the evidence.

(4) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under the provisions of this chapter and RCW 74.13.031 or that an agency subject to licensing under this chapter and RCW 74.13.031 is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home. Monetary penalties levied against unlicensed agencies that submit an application for licensure within thirty days of notification and subsequently become licensed will be forgiven. These penalties may be assessed in addition to or in lieu of other disciplinary actions. Civil monetary penalties, if imposed, may be assessed and collected, with interest, for each day an agency is or was out of compliance. Civil monetary penalties shall not exceed ((~~seventy-five dollars per violation for a family day-care home and~~)) two hundred fifty dollars per violation for group homes, child day-care centers, and child-placing agencies. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty. The department shall provide a notification period before a monetary penalty is effective and may forgive the penalty levied if the agency comes into compliance during this period. The department may suspend, revoke, or not renew a license for failure to pay a civil monetary penalty it has assessed pursuant to this chapter within ten days after such assessment becomes final. Chapter 43.20A RCW governs notice of a civil monetary penalty and provides the right of an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.

NEW SECTION. Sec. 24. Sections 1 through 19 of this act constitute a new chapter in Title 74 RCW.