BILL REQ. #:  S-5183.1 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to child care licensing actions; amending RCW 43.215.215; adding a new section to chapter 43.215 RCW; creating a new section; and providing an expiration date.

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

Sec. 1   RCW 43.215.215 and 2007 c 415 s 5 are each amended to read as follows:
     (1) In determining whether an individual is of appropriate character, suitability, and competence to obtain a license to provide child care and early learning services to children, be employed with an agency, or have access to children in the care of an agency:
     The department may consider the history of past involvement of child protective services or law enforcement agencies with the individual for the purpose of establishing a pattern of conduct, behavior, or inaction with regard to the health, safety, or welfare of a child. No report of child abuse or neglect that has been destroyed or expunged under RCW 26.44.031 may be used for such purposes. No unfounded or inconclusive 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)) The department may consider the facts and circumstances of a previous licensing enforcement action taken by the department under this chapter, provided that the licensing action may not automatically disqualify the individual from obtaining a license, employment, or access. It is the burden of the department to show that the facts and circumstances of the licensing enforcement action are grounds for disqualification of the individual's current application.
     (3) If an individual has not resided in the state of Washington during the three-year period before being authorized to care for children, the department shall ((be fingerprinted)) conduct a criminal history records check with the federal bureau of investigation.
     (a) The individual's 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.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.215 RCW to read as follows:
     If an individual prevails against the department in a judicial review of a licensing enforcement action as allowed by chapter 34.05 RCW and the court determines that the department's action was arbitrary and capricious, the individual shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such individual an amount not less than five dollars and not to exceed one hundred dollars for each day that he or she was denied a license.

NEW SECTION.  Sec. 3   (1) The department of early learning and the early learning advisory council shall jointly report to the governor and the appropriate committees of the legislature regarding the implementation of current activities to improve the quality and safety of child care licensed pursuant to chapter 43.215 RCW.
     (2) The joint report shall report on the status and progress of the department's and the early learning advisory council's work in the following areas:
     (a) An implementation plan for Washington's quality rating and improvement system created pursuant to RCW 43.215.100. Prior to implementing the quality rating and improvement system, the department of early learning shall present the system to the legislature and the legislature shall formally approve the implementation of the system through the omnibus appropriations act or by statute or concurrent resolution;
     (b) The implementation of the state training and registry system;
     (c) The implementation of practices to enhance outreach and education to consumers and the general public regarding: The department's toll-free number established under RCW 43.215.520; the department's web site regarding child care licensing and enforcement actions as provided in RCW 43.215.525, 43.215.530 and 43.215.370; and any other items related to parent and consumer access to accurate information about child care;
     (d) Efforts concerning public education regarding unlicensed child care;
     (e) The results of negotiated rule making for family child care licensees as provided in RCW 43.215.350 and, if applicable, negotiated rule making for child day care centers;
     (f) If applicable, any evaluation of the roles and responsibilities of the child care resource and referral network in providing information to assist parents in making informed child care decisions; and
     (g) If applicable, efforts regarding the establishment of statewide standards for licensed child care provider preservice and continuing training and education.
     (3) The preliminary joint report shall be provided to the governor's office and the appropriate committees of the legislature by December 1, 2008, with a final report presented by June 30, 2009.
     (4) This section expires July 1, 2009.