BILL REQ. #:  S-0520.2 

Read first time 01/17/2007.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to child care safety; amending RCW 43.215.005, 43.215.010, 43.215.200, 43.215.525, and 43.215.530; adding new sections to chapter 43.215 RCW; creating a new section; and prescribing penalties.

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

Sec. 1   RCW 43.215.005 and 2006 c 265 s 101 are each amended to read as follows:
     (1) The legislature recognizes that:
     (a) Parents are their children's first and most important teachers and decision makers;
     (b) Research across disciplines now demonstrates that what happens in the earliest years makes a critical difference in children's readiness to succeed in school and life;
     (c) Washington's competitiveness in the global economy requires a world-class education system that starts early and supports life-long learning;
     (d) Washington state currently makes substantial investments in voluntary child care and early learning services and supports, but because services are fragmented across multiple state agencies, and early learning providers lack the supports and incentives needed to improve the quality of services they provide, many parents have difficulty accessing high quality early learning services;
     (e) A more cohesive and integrated voluntary early learning system would result in greater efficiencies for the state, increased partnership between the state and the private sector, improved access to high quality early learning services, and better employment and early learning outcomes for families and all children.
     (2) The legislature finds that the early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development.
     (3) The purpose of this chapter is:
     (a) To establish the department of early learning;
     (b) To coordinate and consolidate state activities relating to child care and early learning programs;
     (c) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance;
     (d) To provide tools to promote the hiring of suitable providers of child care by:
     (i) Providing parents with access to information regarding child care providers;
     (ii) Providing child care providers with known information regarding applicants' sexual misconduct or other abusive conduct;
     (iii) Providing parents with child care licensing complaint histories regarding child care providers; and
     (iv) Requiring background checks of applicants for employment in any child care facility licensed or regulated under current law;
     (e) To promote linkages and alignment between early learning programs and elementary schools and support the transition of children and families from prekindergarten environments to kindergarten;
     (((e))) (f) To promote the development of a sufficient number and variety of adequate child care and early learning facilities, both public and private; and
     (((f))) (g) To license agencies and to assure the users of such agencies, their parents, the community at large and the agencies themselves that adequate minimum standards are maintained by all child care and early learning facilities.
     (4) This chapter does not expand the state's authority to license or regulate activities or programs beyond those licensed or regulated under existing law.

Sec. 2   RCW 43.215.010 and 2006 c 265 s 102 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency:
     (a) "Child day care center" means an agency that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours;
     (b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals;
     (c) "Family day care provider" means a child day care provider who regularly provides child day care and early learning services for not more than twelve children in the provider's home in the family living quarters;
     (d) "Service provider" means the entity that operates a community facility.
     (2) "Agency" does not include the following:
     (a) Persons related to the child 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; or
     (iv) Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the marriage is terminated;
     (b) Persons who are legal guardians of the child;
     (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where 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;
     (d) Parents on a mutually cooperative basis exchange care of one another's children;
     (e) Nursery schools or kindergartens that 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;
     (f) Schools, including boarding schools, that 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;
     (g) Seasonal camps of three months' or less duration engaged primarily in recreational or educational activities;
     (h) 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;
     (i) Any agency having been in operation in this state ten years before 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;
     (j) 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;
     (k) 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;
     (l) An agency that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis.
     (3) "Applicant" means a person who requests or seeks employment in an agency.
     (4) "Department" means the department of early learning.
     (((4))) (5) "Director" means the director of the department.
     (((5))) (6) "Employer" means a person or business that engages the services of one or more people, especially for wages or salary to work in an agency.
     (7) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.215.300(1) or assessment of civil monetary penalties pursuant to RCW 43.215.300(3).
     (((6))) (8) "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.
     (((7))) (9) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency.

Sec. 3   RCW 43.215.200 and 2006 c 265 s 301 are each amended to read as follows:
     It shall be the director's duty with regard to licensing:
     (1) In consultation and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of child care facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages and other characteristics of the children served, variations in the purposes and services offered or size or structure of the agencies to be licensed, or because of any other factor relevant thereto;
     (2) In consultation 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 under this chapter((.
     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 of children. In consultation with law enforcement personnel, the director 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. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a provider licensed under this chapter. 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. 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 director 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. Criminal justice agencies shall provide the director such information as they may have and that the director may require for such purpose;
     (c) The number of qualified persons required to render the type of care for which an agency seeks a license;
     (d) The health, safety, cleanliness, and general adequacy of the premises to provide for the comfort, care, and well-being of children;
     (e) The provision of necessary care and early learning, including food, supervision, and discipline; physical, mental, and social well-being; and educational and recreational opportunities for those served;
     (f) The financial ability of an agency to comply with minimum requirements established under this chapter; and
     (g) The maintenance of records pertaining to the care of children));
     (3) In consultation with law enforcement personnel, the director shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure;
     (4) To issue, revoke, or deny licenses to agencies pursuant to this chapter. Licenses shall specify the category of care that an agency is authorized to render and the ages and number of children to be served;
     (((4))) (5) To prescribe the procedures and the form and contents of reports necessary for the administration of this chapter and to require regular reports from each licensee;
     (((5))) (6) To inspect agencies periodically to determine whether or not there is compliance with this chapter and the requirements adopted under this chapter;
     (((6))) (7) To review requirements adopted under this chapter at least every two years and to adopt appropriate changes after consultation with affected groups for child day care requirements; and
     (((7))) (8) To consult with public and private agencies in order to help them improve their methods and facilities for the care and early learning of children.

NEW SECTION.  Sec. 4   MINIMUM REQUIREMENTS FOR LICENSING. Applications for licensure shall request, at a minimum, the following:
     (1) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;
     (2) The character, suitability, and competence of an agency and other persons associated with an agency directly responsible for the care of children;
     (3) The number of qualified persons required to render the type of care for which an agency seeks a license;
     (4) The health, safety, cleanliness, and general adequacy of the premises to provide for the comfort, care, and well-being of children;
     (5) The provision of necessary care and early learning, including food, supervision, and discipline; physical, mental, and social well-being; and educational and recreational opportunities for those served;
     (6) The financial ability of an agency to comply with minimum requirements established under this chapter; and
     (7) The maintenance of records pertaining to the care of children.

NEW SECTION.  Sec. 5   CHARACTER, SUITABILITY, AND COMPETENCE. (1) In determining whether an individual is of appropriate character, suitability, and competence to provide child care and early learning services to children, the department may consider all child abuse and neglect history information whether founded, unfounded, or inconclusive regarding a prospective child care provider. No unfounded allegation of child abuse or neglect as defined in RCW 26.44.020 may be disclosed to a provider licensed under this chapter.
     (2) 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.
     (a) The fingerprints shall be forwarded to the Washington state patrol and federal bureau of investigation for a criminal history record check.
     (b) The fingerprint criminal history record checks shall 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.
     (c) The director 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.
     (d) Criminal justice agencies shall provide the director such information as they may have and that the director may require for such purpose.

Sec. 6   RCW 43.215.525 and 2006 c 209 s 11 are each amended to read as follows:
     (1) Every child day-care center and family day-care provider shall prominently post the following items, clearly visible to parents and staff:
     (a) The license issued under this chapter;
     (b) The department's toll-free telephone number established by RCW ((74.15.310)) 43.215.520;
     (c) The notice of any pending enforcement action. The notice must be posted immediately upon receipt. The notice must be posted for at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer;
     (d) A notice that inspection reports and any notices of enforcement actions for the previous three years are available from the licensee and the department; and
     (e) Any other information required by the department.
     (2) The department shall disclose((, upon request,)) the receipt, general nature, and resolution or current status of all complaints on record with the department after July 24, 2005, against a child day-care center or family day-care provider that result in an enforcement action. Information may be posted:
     (a) On a web site; or
     (b) In a physical location that is easily accessed by parents and potential employers.
     (3) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.

Sec. 7   RCW 43.215.530 and 2006 c 209 s 12 are each amended to read as follows:
     (1) Every child day-care center and family day-care provider shall have readily available for review by the department, parents, and the public a copy of each inspection report and notice of enforcement action received by the center or provider from the department for the past three years. This subsection only applies to reports and notices received on or after July 24, 2005.
     (2) The department shall make available to the public during business hours all inspection reports and notices of enforcement actions involving child day-care centers and family day-care providers ((consistent with chapter 42.56 RCW)). The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
     (3) The department may make available on a publicly accessible web site all inspection reports and notices of enforcement actions involving child day-care centers and family day-care providers. The department shall include in the inspection report a statement of the corrective measures taken by the center or provider.
     (4) This section shall not be construed to require the disclosure of any information that is exempt from public disclosure under chapter 42.56 RCW.

NEW SECTION.  Sec. 8   DISCLOSURE STATEMENT. (1) Before hiring an applicant, an employer shall request the applicant to sign a statement:
     (a) Authorizing the applicant's current and past employers to disclose to the hiring agency sexual misconduct or abuse, if any, by the applicant and making available to the hiring agency copies of all documents in the previous employer's personnel, investigative, or other files relating to sexual misconduct or abuse by the applicant; and
     (b) Releasing the applicant's current and past employers, and employees acting on behalf of that employer, from any liability for providing such information.
     (2) Before hiring an applicant, an employer shall request that the applicant's current and past employers disclose to the hiring agency sexual misconduct or abuse, if any, by the applicant. The request shall include a copy of the statement signed by the applicant.
     (3) Not later than twenty business days after receiving a request under subsection (2) of this section, former employers shall provide the information requested and make available to the requesting employer copies of all documents in the applicant's personnel record relating to the sexual misconduct or abuse. The employer, or an employee acting on behalf of the employer, who in good faith discloses information under this section is immune from civil liability for the disclosure.
     (4) An employer shall not hire an applicant who does not sign the statement described in subsection (1) of this section.
     (5) Employers may employ applicants on a conditional basis pending the review of information obtained under this section.
     (6) Information received under this section shall be used by an employer only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, an employer or any employee of an agency shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor.
     (7) By September 1, 2007, the department shall adopt rules defining "verbal abuse," "physical abuse," and "sexual misconduct" as used in this section to apply to all applicants. The definitions of verbal abuse, physical abuse, and sexual misconduct adopted by the department must include the requirement that the department has made a determination that there is sufficient information to conclude that the abuse or misconduct occurred and that the abuse or misconduct resulted in the employee's leaving his or her position at the agency.
     (8) Except as limited by chapter 49.12 RCW, at the conclusion of an agency's investigation, an applicant has the right to review his or her entire personnel file, investigative file, or other file maintained by the agency relating to sexual misconduct or abuse as addressed in this section and to attach rebuttals to any documents as the employee deems necessary. Rebuttal documents shall be disclosed in the same manner as the documents to which they are attached. The provisions of this subsection do not supersede the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW.

NEW SECTION.  Sec. 9   PARENTAL NOTIFICATION. The department and an agency must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct or abuse by an agency employee, notify the parents of a child alleged to be the victim, target, or recipient of the misconduct or abuse. The department and an agency shall provide parents with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding the employee. This information shall be provided to all parents on an annual basis.

NEW SECTION.  Sec. 10   REPORTING ACTIONS--POSTING ON WEB SITE. For the purposes of reporting actions taken against agency employees or licensees, the following actions shall be posted to the department's web site accessible by the public: Suspension, surrender, revocation, denial, stayed suspension, or reinstatement of a license, and any written reprimand related to abuse and sexual misconduct or abuse.

NEW SECTION.  Sec. 11   Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 12   Sections 4, 5, and 8 through 10 of this act are each added to chapter 43.215 RCW.