BILL REQ. #:  S-0896.2 

Read first time 01/27/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to unlicensed child care; amending RCW 43.215.300 and 43.215.370; adding a new section to chapter 43.215 RCW; and creating a new section.

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

Sec. 1   RCW 43.215.300 and 2007 c 17 s 2 are each amended to read as follows:
     (1) An agency may be denied a license, or any license issued pursuant to this chapter may be suspended, revoked, modified, or not renewed by the director upon proof (a) that the agency has failed or refused to comply with the provisions of this chapter or the requirements adopted pursuant to this chapter; 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 43.215.305 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 be upheld if it is supported by a preponderance of the evidence.
     (3)(a) The department may assess civil monetary penalties upon proof that an agency has failed or refused to comply with the rules adopted under this chapter or that an agency subject to licensing under this chapter is operating without a license except that civil monetary penalties shall not be levied against a licensed foster home.
     (b) 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.
     (c) Civil monetary penalties shall not exceed ((seventy-five)) one hundred fifty dollars per violation for a family day care home and two hundred fifty dollars per violation for child day care centers. Each day upon which the same or substantially similar action occurs is a separate violation subject to the assessment of a separate penalty.
     (d) 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.
     (e) 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. RCW 43.215.307 governs notice of a civil monetary penalty and provides the right to an adjudicative proceeding. The preponderance of evidence standard shall apply in adjudicative proceedings related to assessment of civil monetary penalties.
     (4)(a) In addition to or in lieu of an enforcement action being taken, the department may place a child day care center or family day care provider on nonreferral status if the center or provider has failed or refused to comply with this chapter or rules adopted under this chapter or an enforcement action has been taken. The nonreferral status may continue until the department determines that: (i) No enforcement action is appropriate; or (ii) a corrective action plan has been successfully concluded.
     (b) Whenever a child day care center or family day care provider is placed on nonreferral status, the department shall provide written notification to the child day care center or family day care provider.
     (5) The department shall notify appropriate public and private child care resource and referral agencies of the department's decision to: (a) Take an enforcement action against a child day care center or family day care provider; or (b) place or remove a child day care center or family day care provider on nonreferral status.

Sec. 2   RCW 43.215.370 and 2007 c 415 s 9 are each amended to read as follows:
     For the purposes of reporting actions taken against agency licensees, or those agencies operating without a license, upon the development of an early learning information system, 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. The department shall also post on the web site those agencies subject to licensing that have not become licensed within thirty days of the department's notification as required in RCW 43.215.300.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.215 RCW to read as follows:
     When the department suspects that a person is providing child care services without a license, it shall send notice to that person within ten days. The notice shall include, but not be limited to, the following information:
     (1) That a license is required and the reasons why;
     (2) That the person is suspected of providing child care without a license;
     (3) That the person must immediately stop providing child care until he or she becomes licensed;
     (4) That the department can issue a penalty of one hundred fifty dollars per day for each day the person provided care without being licensed;
     (5) That if they do not become licensed within thirty days of the date of the notice, the department will post on its web site that the person is providing child care without a license.

NEW SECTION.  Sec. 4   This act shall be known and cited as the Colby Thompson act.