HOUSE BILL REPORT
HB 2169
As Reported by House Committee On:
Children & Family Services
Title: An act relating to licensing of family day care.
Brief Description: Authorizing specified counties to regulate day care.
Sponsors: Representatives Walsh, Grant, Buri, Cox and Haler.
Brief History:
Children & Family Services: 2/28/05, 3/2/05 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON CHILDREN & FAMILY SERVICES
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 9 members: Representatives Kagi, Chair; Roberts, Vice Chair; Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Darneille, Dickerson, Dunn, Haler and Pettigrew.
Staff: Cynthia Forland (786-7152).
Background:
The Department of Social and Health Services (DSHS) is required to license agencies
providing care for children outside of their homes as identified by state law. The purpose of
this licensing requirement is to assure the users of those agencies, their parents, the
community at large, and the agencies themselves that adequate minimum standards are
maintained by all agencies caring for children in order to safeguard the health, safety, and
well-being of those children receiving care.
Among the agencies identified in state law as subject to licensing by the DSHS are family
daycare providers, which are defined as child daycare providers who regularly provide child
daycare for not more than 12 children in the provider's home in the family living quarters.
Summary of Substitute Bill:
Notwithstanding the requirement that the DSHS license agencies providing care for children
outside of their homes, counties with a population of 3,000 or less may adopt and enforce
ordinances and regulations for family daycare providers as a 12-month pilot project. Before a
county may regulate family daycare providers, it must adopt ordinances and regulations that
address, at a minimum, the following:
The county must notify the DSHS in writing 60 days prior to adoption of the family daycare
regulations. The transfer of jurisdiction may not occur until the county has notified the
DSHS in writing of the effective date of the regulations, and is limited to a period of 12
months from the effective date of the regulations. Regulation by counties of family daycare
providers are to be administered and enforced by those counties. The DSHS may not regulate
these activities for the 12-month pilot period. Upon request, the DSHS must provide
technical assistance to any county that is in the process of adopting family daycare
regulations, and after the regulations become effective.
Any county regulating family daycare providers pursuant to the bill is required to report to the
Governor and the appropriate committees of the Legislature concerning the outcome of the
pilot project upon expiration of the 12-month pilot period. The report must include the
adopted ordinances and regulations and a description of how those ordinances and
regulations address the specific areas of regulation identified in the bill.
Substitute Bill Compared to Original Bill:
The regulation of family daycare providers by counties permitted under the bill is limited to a
12-month pilot project and to counties with populations of 3,000 or less rather than 5,000 or
less. Any county regulating family daycare providers pursuant to the bill is required to report
to the Governor and the appropriate committees of the Legislature concerning the outcome of
the pilot project upon expiration of the 12-month pilot period. The report must include the
adopted ordinances and regulations and a description of how those ordinances and
regulations address the specific areas of regulation identified in the bill.
Appropriation: None.
Fiscal Note: Available on original.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session
in which bill is passed.
Testimony For: Small counties should be able to regulate daycare. This bill will help small counties provide high-quality daycare for their children and parents. We tend to think that government can always do it better, but it is important that sometimes we let communities take care of themselves and restore a little bit of personal responsibility. This bill partners the state with other local governments that are closer to the ground, closer to the scene of the action, and gives them the credit and the authority to say that local communities may have a better perspective than the state does on this issue of whether children are safe and cared for and dealt with responsibly. There would be enough rules and regulation to assure the safety of the children in these counties. This bill applies to three counties, Garfield, Columbia, and Wahkiakum. We have to look at the socio-economic factors involved in these situations. This is a cost-saving measure for the state.
Testimony Against: The quality of care that children get is really important. Young
children need to be in healthy, safe, and developmentally appropriate surroundings no matter
who is caring for them. Research, which is used to develop the state's child care regulations,
shows that some things are really important, such as the child-to-teacher ratio and the
background, education, and training of the provider. This bill would set up two different
kinds of licensing, one that is very comprehensive and meets the needs of kids, and one that
is less comprehensive and could miss some of the things that are important, such as criminal
background checks and child abuse and neglect history checks.
All children in both rural and urban counties deserve the same safety and health
protections that licensing provides. Giving counties the ability to water down or enhance or
make licensing requirements in their own ways would not strengthen the system in general,
but would further weaken the fragmented system of services for children across the state. It
is not clear how this would provide any new services or any help to parents. It is not clear
how it would be funded. It could be a considerable expense for counties that have little tax
revenue to pay for such services. Licensing isn't just about regulation. It's about helping
providers do the best that they can for children under their particular circumstances.
Persons Testifying: (In support) Representative Walsh, prime sponsor; Representative Cox;
and Jim Kowalkowksi, Pomeroy School District.
(Opposed) Rachael Langen, Department of Social and Health Services, Division of Child
Care and Early Learning; and Annie Cubberly, Child Care Collaborative.