Original Notice.

Preproposal statement of inquiry was filed as WSR 97-14-073.

Title of Rule:

Title of Rule	Summary of Changes
388-155-010 Definitions	Adds definition of American Indian child.
388-155-100 Activities and routines	Allow the child. Offer a balance between interactive and passive activities.
388-155-110 Learning and play materials	The child shall be able to make choices without adult assistance among age-appropriate materials.
388-155-120 Provider-child interactions	Honoring the child in care and his or her race, religion, abilities, and family structure. Continuous visual or auditory contact, so that the provider is aware of children's activities at all times, including rest periods and evening care.
388-155-130 Behavior management and discipline	Prohibits use of highchair or infant seat for disciplinary purposes
388-155-150 Evening and nighttime care (major changes for homes regularly offering evening and night-time care)	Special arrangements for bathing as needed. Individual bedding appropriate for overnight sleeping. Appropriate night wear and individual toiletry items for each child. Separate dressing and sleeping areas for boys and girls six years and older and demonstrating a need for privacy. Provider must maintain staff-child ratios during sleeping hours and submit a plan to licensor to ensure safety and emotional well-being of children while they are sleeping. This is for providers doing full-time evening and night-time care.
388-155-165 Transportation	Provider must keep a first aid kit, health history, emergency medical consent for each child in the vehicle while transporting the child.
388-155-170 Parent communication	Policy and health care plan combined. Health care plan now called Health Care Practices.
388-155-230 Medication management	Class II narcotics, such as Ritalin, must be kept locked. Provider may have a policy of not giving medication unless a child has a recognized special need/disabling condition requiring medication.
388-155-270 Care of young children	Nonabsorbent pad, large enough to position child's upper body and buttocks on the pad for diaper changing. Do away with bumper pads in cribs (latest information shows bumper pads can contribute to SIDS deaths). Infants must be put to sleep in a position consistent with American Academy of Pediatrics recommendations.
388-155-280 General safety, maintenance and site	Keeping the premises free from pests etc., using the least toxic method available, and notifying children's parents of chemical usage. Guns or firearms must be kept in locked storage. No toxic substances stored with food products, must be stored inaccessible to children. Any pet or animal demonstrating aggressive behavior must be inaccessible to children in care. Wheeled baby walkers are prohibited. Trampolines and rebounders are prohibited.
388-155-290 Water safety	Adequate cover or barrier must be in place to prevent the child access at all times to heated tubs, whirlpools, spas, tanks, or similar equipment. Five foot non-climbable fence with gates locked when not in use is required around water hazards.
388-155-310 First-aid supplies	Must take first aid supplies in transportation vehicles and on field trips.
388-155-320 Outdoor play area	Fence must be at least forty-eight inches high.
388-155-340 Toilets, handwashing sinks, and bathing facilities	Delete: make the bathing facility inaccessible to the child.
388-155-350 Laundry	Delete: maintain access to laundry facilities (we concluded that everybody has access one way or another!) and delete making laundry equipment inaccessible to the child. Add: store soiled laundry inaccessible to the child, and laundry supplies must be stored inaccessible to the child.
388-155-360 Nap and sleep equipment	Combine mat and cot in wording. Cot must be of a material which can be cleaned with a detergent solution, disinfected, and allowed to air dry.
388-155-410 Special requirements regarding American Indian children	Licensee must, in consultation with the parent, develop social service resources.... The licensee may coordinate with tribal....staff.
388-155-490 Reporting of circumstantial changes	Report of a person moving in and out of the household.
388-155-500 Posting requirements	A department-issued final notice of penalty.
388-155-600 Occupancy restrictions (rewording only, no change in intent)	"Shall" changed to "must" throughout.

Purpose: These are the WAC which govern family home child day care. The WAC needs to be reviewed every two years. This was a major rewrite involving stakeholders, licensors, Department of Health, Fire Marshal, and other interested parties. The entire WAC was reviewed in light of the governor's regulatory reform. We did a survey to determine possible costs to providers and a cost-benefit analysis has been completed.

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: Increase quality and safety of children in licensed home child care. Health and safety rules such as no wheeled walkers, no trampolines, five foot high fence around swimming pools, making dangerous pets inaccessible to children, storage of firearms.

Reasons Supporting Proposal: New rules will increase safety of children in care and quality of care to children.

Name of Agency Personnel Responsible for Drafting and Implementation: Leslie Edwards-Hill, P.O. Box 45700, Olympia, WA 98504-5700, (360) 902-8041; and Enforcement: Division of Licensed Resource, Office of Child Care Policy.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 388-155 WAC describes rules for family child day care homes. Adds "American Indian Child" to definitions. Expands upon requirements for evening and night-time care. Combines parent policy and health care plan. States that providers must use the least toxic means possible for keeping the premises pest free and must notify parents in advance. Wheeled baby walkers and trampolines are prohibited. First-aid supplies must be carried in the car. There must be adequate barriers to prevent access to hot tubs and spas. There must be a five foot fence around a pool or body of water. Firearms must be in locked storage.

Proposal Changes the Following Existing Rules: Changes are described above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The small business economic impact statement was not prepared because the costs imposed were minor.

RCW 34.05.328 applies to this rule adoption. These are significant legislative rules because they interpret significant provisions of the law through delegated legislative authority; subject a violator to a penalty or a sanction; change requirements for issuing/suspending/revoking a license; adopt new policy; and significantly amend a policy or regulatory program. A cost/benefit analysis has been prepared. To request a copy contact the staff person above.

Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on January 25, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Paige Wall by January 14, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail wallpg@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by January 25, 2000.

Date of Intended Adoption: February 28, 2000.

November 16, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

As used and defined under this chapter:

"American Indian child" means any unmarried person under the age of eighteen who is:

(1) A member of or eligible for membership in a federally recognized Indian tribe, or who is Eskimo, Aleut or other Alaska Native and a member of an Alaskan native regional Corporation or Alaska Native Village;

(2) Determined or eligible to be found to be Indian by the Secretary of the Interior, including though issuance of a certificate of degree of Indian blood, or by the HIS;

(3) Considered to be Indian by a federally recognized or nonfederally recognized Indian tribe; or

(4) A member or entitled to be a member of a Canadian tribe or band, Metis community, or nonstatus Indian community from Canada.

"Assistant" means a child care giver ((or child care givers)) employed by the licensee to supervise a child served at the home.

"Capacity" means the maximum number of children the licensee is authorized to have on the premises at a given time.

"Child" means a person seventeen years of age and under.

"Child abuse or neglect" means the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by a person under circumstances indicating the child's health, welfare, and safety is harmed.

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

"Department of health" means the state department of health.

"Family abode" means "a single dwelling unit and accessory buildings occupied for living purposes by a family which provides permanent provisions for living, sleeping, eating, cooking, and sanitation."

"Family child care home" means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, within a birth through eleven-years-of-age range exclusively, for periods less than twenty-four hours unless care in excess of twenty-four hours is necessary due to the nature of the parent's work.

"Family child day care home" means the same as "family child care home" and "a child day care facility, licensed by the state, located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home."

"Family residence" means the same as "family abode."

"Home" means the same as "family child care home."

"License" means a permit issued by the department authorizing by law the licensee to operate a family child care home and certifying the licensee meets minimum requirements under licensure.

"Licensee" means the person, organization, or legal entity responsible for operating the home.

"Premises" means the buildings where the home is located and the adjoining grounds over which the licensee has control.

"Provider" means the same as "licensee."

(("Under two years of age" means a child twenty-three months of age or younger.))

"The Washington state training and registry system (STARS)" means the entity approved by the department to determine the classes, courses, and workshops licensees and staff may take to satisfy training requirements.

[Statutory Authority: RCW 74.15.030.      98-24-052, § 388-155-010, filed 11/25/98, effective 12/26/98; 91-04-048 (Order 3136), § 388-155-010, filed 2/1/91, effective 3/4/91.]

(1) The person operating a family child care home shall be subject to licensing by authority under chapter 74.15 RCW, unless exempted by RCW 74.15.020(4).

(2) The person operating a family child care home and qualifying for exemption from requirements of this chapter under RCW 74.15.020(4) shall not be subject to licensure.      The person claiming an exemption ((shall)) must provide the department proof of entitlement to the exemption on the department's request.

(3)(a) RCW 74.15.020 (4)(c)(i) exempts from licensing persons who care for a neighbor's or friend's child or children, with or without compensation, where:

(i) Care is provided for less than twenty-four hours; and

(ii) Such activity is not conducted on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to advertising such care.

(b) For purposes of this section:

(i) "Advertising" means attempting to solicit child care clients, either directly or indirectly, through written, or electronic means;

(ii) "Engaging in business" shall exclude those persons providing child care for only one family of children or who can demonstrate that their gross earnings from child care will not exceed (($1,000)) one thousand dollars in any one calendar year;

(iii) "Friend" means someone with whom the care provider had a personal relationship prior to the time care was sought, offered, or provided;

(iv) "Neighbor" means a person with whom the care provider has relationship by virtue to living in close proximity to the person;

(v) "Ongoing" means that care is provided for a number of consecutive weeks or months or there is no specific time frame for ending child care;

(vi) "Regularly scheduled" means that the child comes at usually planned times and/or days and/or the provider makes her/himself available to provide care at fixed or planned intervals.

(4) The department shall not license the home legally exempt from licensing.      However, at the applicant's request, the department shall investigate and may certify the home as meeting licensing and other pertinent requirements.      In such cases, the department's requirements and procedures for licensure shall apply equally to certification.

(5) The department may certify a family day care home for payment without further investigation if the home is:

(a) Licensed by an Indian tribe; or

(b) Certified by the Federal Department of Defense.

The home must be licensed or certified in accordance with national or state standards or standards approved by the department and be operated on the premises over which the entity licensing or certifying the home has jurisdiction.

(6) The person or organization desiring to serve state-paid children ((shall)) must:

(a) Be licensed or certified;

(b) Follow billing policies and procedures in Child ((Day)) Care Subsidies, A Booklet for Providers, DSHS 22-877(X); and

(c) Bill the department at the person's or organization's customary rate or the DSHS rate, whichever is less.

[Statutory Authority: RCW 74.15.030.      96-20-095, § 388-155-020, filed 10/1/96, effective 11/1/96.      Statutory Authority: RCW 74.12.340.      94-13-201 (Order 3745), § 388-155-020, filed 6/22/94, effective 7/23/94.      Statutory Authority: RCW 74.15.030.      91-15-084 (Order 3205), § 388-155-020, filed 7/23/91, effective 8/23/91; 91-04-048 (Order 3136), § 388-155-020, filed 2/1/91, effective 3/4/91.]

(1) The person, organization, or legal entity applying for a license or relicensure under this chapter and responsible for operating the home ((shall)) must:

(a) Attend orientation and training programs provided, arranged, or approved by the department;

(b) Comply with application procedures the department prescribes; and

(c) Submit to the department:

(i) A completed department-supplied application for family child care home license, including required attachments, ninety or more days before the:

(A) Beginning of licensed care;

(B) Expiration of a current license;

(C) Relocation of a home; or

(D) Change of licensed capacity category.

(ii) A completed criminal history and background inquiry form for each applicant, assistant, volunteer, or member of the household sixteen years of age or older having unsupervised or regular access to the child in care; ((and))

(iii) Fingerprint cards if residing in Washington state for less than three years; and

(iv) The annual licensing fee.

(2) In addition to the required application materials specified under subsection (1) of this section, the applicant for initial licensure ((shall)) must submit to the department:

(a) A department-supplied employment and education resume of the applicant and assistant including a transcript or its equivalent documenting early childhood education class completion, where appropriate; and

(b) Three references for the applicant.

(3) The applicant for a license under this chapter shall be eighteen years of age or older.

(4) The department may, at any time, require additional information from the applicant, licensee, assistant, volunteer, member of their household and other person having access to the child in care as the department deems necessary, including, but not limited to:

(a) Sexual deviancy evaluations;

(b) Substance and alcohol abuse evaluations;

(c) Psychiatric evaluations;

(d) Psychological evaluations; and

(e) Medical evaluations.

(5) The department may perform investigations of the applicant, licensee, assistant, volunteer, member of their household, and other person having access to the child in care as the department deems necessary, including accessing criminal histories and law enforcement files.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW.      96-10-042 (Order 9373), § 388-155-070, filed 4/26/96, effective 5/27/96.      Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-070, filed 2/1/91, effective 3/4/91.]

(1) The department ((shall)) must base the decision as to whether a probationary license will be issued upon the following factors:

(a) Willful or negligent noncompliance by the licensee,

(b) History of noncompliance,

(c) Extent of deviation from the requirements,

(d) Evidence of a good faith effort to comply,

(e) Any other factors relevant to the unique situation.

(2) Where the negligent or willful violation of the licensing requirements does not present an immediate threat to the health and well-being of the children but would be likely to do so if allowed to continue, a probationary license may be issued as well as civil penalties or other sanctions.      Such situations may include:

(a) Substantiation that a child (or children) was abused or neglected while in the care of the ((center)) home,

(b) Disapproved fire safety or sanitation report,

(c) Use of unauthorized space for child care,

(d) Inadequate supervision of children,

(e) Understaffing for the number of children in care,

(f) Noncompliance with requirements addressing:

(i) Children's health,

(ii) Proper nutrition,

(iii) Discipline,

(iv) Emergency medical plan,

(v) Sanitation and personal hygiene practices.

(3) Licensee must notify parents when a probationary license((d)) is issued:

(a) The licensee ((shall)) must notify the parents or guardians of all children in care that it is in probationary status within five working days of receiving notification he or she has been issued a probationary license;

(b) The notification ((shall)) must be in writing and ((shall)) must be approved by the department prior to being sent;

(c) The licensee ((shall)) must provide documentation to the department that parents or guardians of all children in care have been notified within ten working days of receiving notification that he or she has been issued a probationary license;

(d) The department may issue a probationary license for up to six months, and at the discretion of the department it may be extended for an additional six months.

[Statutory Authority: RCW 74.15.030.      96-20-095, § 388-155-098, filed 10/1/96, effective 11/1/96.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-100
Activities and routines.

(1) The provider ((shall)) must offer activities and routines designed to meet the developmental, cultural, and individual needs of the child served.      The provider ((shall)) must ensure that the activities and routines ((contain a range of learning experiences for)) allow the child to:

(a) Gain self-esteem, self-awareness, self-control, and decision-making abilities;

(b) Develop socially, emotionally, intellectually, and physically;

(c) Learn about nutrition, health, and personal safety; and

(d) Experiment, ((create, and)) explore, and play.

(2) The provider ((shall implement a schedule of daily activities, establishing familiar routines and contributing to learning experiences)) must establish familiar routines for meals, rest, and play, with allowances for a variety of special events.

(3) The provider ((shall)) must ensure the home's activities offer variety and options, including a balance between:

(a) Child-initiated and provider-initiated activities;

(b) Free play and organized events;

(c) Individual and group activities; ((and))

(d) Quiet and active experiences; and

(e) Interactive and passive activities.

(4) The provider ((shall)) must ensure the home's daily routine affords the child opportunities for small and large muscle activities and outdoor play.

(5) The child may remain in care ((only)) no more than ten hours ((or less)) per day except as necessitated by the parent's working hours and ((travel)) commute time ((from and to the home)).

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-100, filed 2/1/91, effective 3/4/91.]

The provider ((shall furnish the child)) must ensure the child access to a variety of easily accessible, developmentally appropriate learning and play materials of sufficient quantity to implement the home's daily activities.      The provider ((shall)) must ensure material is culturally relevant and promotes:

(1) Social development;

(2) Intellectual ability;

(3) Language development and communication;

(4) Self-help skills;

(5) Sensory stimulation;

(6) Large and small muscle development; and

(7) Creative expression.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-110, filed 2/1/91, effective 3/4/91.]

(1) The provider ((shall))/assistant must furnish the child a nurturing, respectful, supportive, and responsive environment through frequent interactions with the child:

(a) Supporting the child in developing an understanding of self and others by assisting the child to share ideas, experiences, and feelings;

(b) Providing age-appropriate opportunities for intellectual growth and development of the child's social and language skills, including encouraging the child to ask questions;

(c) Helping the child solve problems;

(d) Fostering creativity and independence in routine activities, including showing tolerance for mistakes; and

(e) Treating ((equally)) children in care equally regardless of race, religion, ((and handicapping condition)) abilities, and family structure.

(2) The provider ((shall)) must:

(a) Furnish the child a pleasant and educational environment at meal and snack times; and

(b) Provide good models for nutrition habits and social behavior by:

(i) Eating with children, when feasible; and

(ii) Encouraging conversation among children.

(3) The provider ((shall)) must ensure the child is supervised by continuous visual or auditory contact.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-120, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must guide the child's behavior based on an understanding of the individual child's needs and stage of development.      The licensee ((shall)) must promote the child's developmentally appropriate social behavior, self-control, and respect for the rights of others.

(2) The licensee ((shall)) must ensure behavior management and discipline practices are fair, reasonable, consistent, and related to the child's behavior.      The licensee ((shall)) must not administer cruel, unusual, hazardous, frightening, or humiliating discipline.

(3) The licensee ((shall)) must be responsible for implementing the behavior management and discipline practices of the home.      The child in care ((shall)) must not determine or administer behavior management or discipline.

(4) The licensee ((shall)) must prohibit and prevent:

(a) Corporal punishment by any person on the premises, including hitting, biting, jerking, shaking, spanking, slapping, striking, or kicking the child, or other means of inflicting physical pain or causing bodily harm;

(b) The use of a physical restraint method injurious to the child;

(c) The use of a mechanical restraint ((for disciplinary purposes)), locked time-out room, ((or)) closet, highchair, carseat, or infant seat for disciplinary purposes; ((or))

(d) The withholding of food as a punishment.

(5) In emergency situations, the licensee competent to use de-escalation and restraint methods may use limited physical restraint when:

(a) Protecting a person on the premises from physical injury;

(b) Obtaining possession of a weapon or other dangerous object; or

(c) Protecting property from serious damage.

(6) The licensee ((shall)) must document any incident involving the use of physical restraint.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-130, filed 2/1/91, effective 3/4/91.]

(1) The provider ((shall)) must offer a supervised rest period to the child:

(a) Five years of age and under remaining in care more than six hours; or

(b) Showing a need for rest.

(2) The provider ((shall)) must plan quiet activities for the child not needing rest.

(3) The provider ((shall)) must allow the child twenty-((nine)) four months of age and under to follow an individual sleep schedule.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-140, filed 2/1/91, effective 3/4/91.]

(1) For the home regularly offering child care during evening and nighttime hours, the licensee ((shall)) must:

(a) Adapt the activities, routines, and equipment to meet the physical and emotional needs of the child away from home at night.

(((2) The licensee shall maintain the same capacity requirements in effect during daytime care.      At all times, including sleeping hours, the child shall be within continuous visual or auditory range of the licensee or assistant))

These must include:

(i) Arrangements made for bathing as needed;

(ii) Individual bedding appropriate for overnight sleeping;

(iii) Appropriate night wear and individual toiletry items for each child;

(iv) Separate dressing and sleeping areas for boys and girls ages six years and older and demonstrating a need for privacy.

(b) The licensee must maintain staff-child ratios during sleeping hours.

(c) The licensee must have a plan approved by the licensor to ensure the physical safety and emotional well-being of children during sleeping hours.

(((3))) (2) The licensee ((shall)) must arrange child grouping so the sleeping child remains asleep during the arrival or departure of another child.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-150, filed 2/1/91, effective 3/4/91.]

When the licensee provides transportation for the child in care:

(1) The licensee ((shall)) must ensure the motor vehicle is maintained in a safe operating condition;

(2) The licensee ((shall)) must ensure the motor vehicle is equipped with appropriate safety devices and individual seat belts or safety seats for each child to use when the vehicle is in motion((.      An individual safety seat is required for the child eleven months of age and younger)) according to Washington state patrol recommendations;

(3) The licensee ((shall)) must ensure the number of passengers does not exceed the seating capacity of the motor vehicle;

(4) The licensee or driver ((shall)) must carry motor vehicle liability and medical insurance.      The driver ((shall)) must have a current Washington driver's license, valid for the classification of motor vehicle operated;

(5) The licensee or assistant supervising the child in the motor vehicle ((shall)) must have current first aid and cardiopulmonary resuscitation training; ((and))

(6) The licensee, assistant, or driver ((shall)) must not leave the child unattended in the motor vehicle((.));

(7) The licensee ((shall)) must ensure the assistant is present in the motor vehicle when capacity guidelines require an assistant; and

(8) The licensee must keep a first aid kit, health history, and emergency medical consent for each child in the vehicle while transporting children.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-165, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must:

(a) Explain to the parent and to any assistants the provider's policies ((and)), procedures, and health care practices;

(b) Orient the parent and assistants to the home and activities, and to location of items required to be posted;

(c) Advise the parent of the child's progress and issues relating to the child's care and individual practices concerning a child's special needs; and

(d) Encourage parent participation in the home's activities.

(2) The licensee ((shall)) must give the parent the following written policy and procedure information:

(a) Enrollment and admission requirements;

(b) The fee and payment plan;

(c) A typical activity schedule, including hours of operation;

(d) Typical meals and snacks served, including guidelines on food brought from the child's home;

(e) Permission for free access by the child's parent to all home areas used by the child;

(f) Child abuse reporting requirements;

(g) Behavior management and discipline;

(h) Nondiscrimination statement;

(i) Religious activities, if any;

(j) Transportation and field trip arrangements;

(k) Typical staffing plan when provider is absent;

(l) Health care practices, including but not limited to information about the home's general health practices concerning:

(i) Injury prevention;

(ii) Medication management:

(iii) First aid, including medical emergencies;

(((l))) (iv) Practices concerning an ill child;

(((m) Medication management; and

(n))) (v) Communicable disease prevention, management, and reporting;

(vi) Handwashing practices.

(m) If licensed for the care of the young child((;)) :

(i) ((Diapering)) Proper infant sleep position and bedding to prevent Sudden Infant Death Syndrome (SIDS);

(ii) Diapering

(iii) Toilet training; and

(((iii))) (iv) Feeding.

(n) Disaster response plan; and

(o) Practices regarding nighttime care including staffing, if applicable.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-170, filed 2/1/91, effective 3/4/91.]

(1) General qualifications.      The licensee, assistant, volunteer, and other person associated with the operation of the home who has access to the child in care ((shall)) must:

(a) Be of good character;

(b) Have the understanding, ability, personality, emotional stability, and physical health suited to meet the cultural emotional, mental, physical, and social needs of the child in care; and

(c) Not have committed or been convicted of child abuse or any crime involving physical harm to another person.

(2) The licensee ((shall)) must:

(a) Be eighteen years of age or older;

(b) Be the primary child care provider during the majority of child care business hours;

(c) Ensure compliance with minimum licensing requirements under this chapter; and

(d) Have completed one of the following prior to or within the first six months of initial licensure except as provided in (e) of this subsection:

(i) Twenty clock hours or two college quarter credits of basic training approved by the Washington state training and registry system (STARS); or

(ii) Current child development associate (CDA) or equivalent credential or twelve or more college quarter credits in early childhood education or child development; or

(iii) Associate of arts or AAS or higher college degree in early childhood education, child development, school age care, elementary education or special education.

(e) Licensees already licensed on the effective date of this rule must complete the training required in WAC 388-150-180 (2)(d) prior to or within twelve months after the effective date of this rule.

(3) The assistant ((shall)) must be:

(a) Fourteen years of age or older; or

(b) Eighteen years of age or older if assigned sole responsibility for the child in care; and

(c) Competent to exercise appropriate judgements.

[Statutory Authority: RCW 74.15.030.      98-24-052, § 388-155-180, filed 11/25/98, effective 12/26/98; 91-04-048 (Order 3136), § 388-155-180, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must have an orientation system making the new employee and volunteer aware of policies and practices.      The licensee ((shall)) must provide the new employee or volunteer an orientation including, but not limited to:

(a) Minimum licensing rules required under this chapter;

(b) Goals and philosophy of the home;

(c) Daily activities and routines;

(d) Child guidance and behavior management methods;

(e) Child abuse and neglect prevention, detection, and reporting policies and procedures;

(f) Special health and developmental needs of the individual child;

(g) The health care ((plan)) practices;

(h) Fire prevention and safety procedures; ((and))

(i) ((Personnel policies, when applicable)) Duties of assistants and/or volunteer; and

(j) Location of items required to be posted.

(2) The licensee ((shall)) must:

(a) Obtain basic, standard first aid, and cardiopulmonary resuscitation (CPR) training, approved by the department of health.      CPR training ((shall)) must include methods appropriate for child age groups in care;

(b) Ensure that first aid and CPR training is current; and

(c) Annually, beginning one year after licensure, complete ten clock hours or one college quarter credit of training. Training must be approved by the Washington state training and registry system (STARS). For those already licensed on the effective date of this rule, this requirement for annual training shall begin one year after the effective date of this rule.

(3) The licensee ((shall)) must ensure the assistant eighteen years of age or older obtains basic, standard first aid, and CPR training approved by the department of health if the assistant will be solely responsible for the child in care.

(4) The licensee and assistant ((shall)) must obtain appropriate education and training on the prevention and transmission of human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS).

(5) The licensee ((shall)) must encourage the assistant to participate in training opportunities to promote ongoing education and enhance practice skills.

(6) The licensee ((shall)) must conduct periodic meetings for planning and coordination purposes when applicable.

[Statutory Authority: RCW 74.15.030.      98-24-052, § 388-155-200, filed 11/25/98, effective 12/26/98; 91-04-048 (Order 3136), § 388-155-200, filed 2/1/91, effective 3/4/91.]

(1) ((Child.))      The licensee ((shall)) must encourage the parent to arrange a physical examination for the child who has not had regular health care or a physical examination within one year before enrollment.

(2) The licensee ((shall)) must encourage the parent to obtain health care for the child when necessary.      The licensee ((shall)) must not be responsible for providing or paying for the child's health care.

(3) Before or on the child's first day of attendance, the parent ((shall)) must present a certificate of immunization status form prescribed by the department of health proving the child's full immunization for:

(a) Diphtheria;

(b) Tetanus;

(c) Pertussis (whooping cough);

(d) Poliomyelitis;

(e) Measles (rubeola);

(f) Rubella (German measles);

(g) Mumps; ((and))

(h) Haemophilus Influenzae Type B (HIB);

(i) Hepatitis B; and

(j) Other diseases prescribed by the department of health.

(4) The licensee may accept the child without all required immunizations on a conditional basis if immunizations are:

(a) Initiated before or on enrollment; and

(b) Completed as rapidly as medically possible.

(5) The licensee may exempt the immunization requirement for the child if the parent or guardian:

(a) Signs a statement expressing a religious, philosophical, or personal objection; or

(b) Furnishes a physician's statement of a valid medical reason for the exemption.

(6) ((Procedures.))      The licensee ((shall daily)) must observe the child daily for signs of illness.      The licensee ((shall)) must care for or discharge home the ill child based on the home's policies concerning an ill child.

(a) When the child has a severe illness or is injured, tired, or upset, the licensee ((shall)) must separate the child from other children and attend the child continuously until:

(i) The licensee secures appropriate health care for the child; or

(ii) The licensee makes an arrangement to return the child to the parent; or

(iii) The child is able to rejoin the group.

(b) The licensee ((shall)) must provide a quiet, separate care room or area allowing the child requiring separate care an opportunity to rest.

(c) The licensee ((shall)) must sanitize equipment used by the child, if the licensee suspects the child has a communicable disease.

(d) The licensee may use the separate care room or area for other purposes when not needed for separation of the child.

(7) The licensee ((shall)) must wash, or assist the child to wash hands according to the home's handwashing procedures.

(8) The licensee ((shall)) must clean and disinfect toys, equipment, furnishings, and facilities according to the home's cleaning and disinfecting policies.

(9) The licensee ((shall)) must have appropriate extra clothing available for the child who wets or soils clothes.

(10) The licensee ((shall)) must ensure the child does not share personal hygiene or grooming items.

(11) Each licensee, assistant, volunteer, and adult member of the household having regular contact with the child in care ((shall)) must have a tuberculin (TB) skin test, by the Mantoux method, upon employment or initial licensure, unless against medical advice.

(a) The person whose TB skin test is positive (ten millimeters or more ((induration) shall)) size) must have a chest x-ray with results indicating the person does not have active TB, within thirty days following the skin test.

(b) The licensee ((shall)) must not require the person to obtain routine periodic TB retesting or x-ray (biennial or otherwise) after entry testing unless directed to obtain retesting by the person's health care provider or the local health department.

(12) The licensee ((shall)) must not permit the person with a reportable communicable disease to be on duty in the home or have contact with the child in care unless approved by a health care provider.

(13) The licensee and assistant ((shall)) must wash hands according to the home's handwashing practices.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-220, filed 2/1/91, effective 3/4/91.]

(1) The home may have a policy of not giving medication to the child in care, unless a child has a medically recognized special need requiring medication.

(2) If the home's health care ((plan)) practices include((s)) giving medication to the child in care, the licensee:

(a) ((Shall)) Must give medications, prescription and nonprescription, only on the written approval of a parent, or of a person((,)) or agency having authority by court order to approve medical care;

(b) ((Shall)) Must give prescription medications:

(i) Only as specified on the prescription label; or

(ii) As authorized by a physician or other person legally authorized to prescribe medication.

(c) ((Shall)) Must give the following classifications of nonprescription medications, with written parent authorization, including a start date and ending date, not to exceed one month, only at the dose, duration, and method of administration specified on the manufacturer's label for the age or weight of the child needing the medication:

(i) Antihistamines;

(ii) Nonaspirin fever reducers/pain relievers;

(iii) Nonnarcotic cough suppressants;

(iv) Decongestants;

(v) Anti-itching ointments or lotions, intended specifically to relieve itching;

(vi) Diaper ointments and powders, intended specifically for use in the diaper area of the child; and

(vii) Sun screen.

(d) ((Shall give other nonprescription medication:

(i) Not included in the categories listed in subsection (2)(c) of this section; or

(ii) Taken differently than indicated on the manufacturer's label; or

(iii) Lacking labeled instructions, only when disbursement of the nonprescription medication is as required under subsection (2) (d) (i) and (ii):

(A) Authorized, in writing, by a physician; or

(B) Based on established medical policy approved, in writing, by a physician or other person legally authorized to prescribe medication)) Must have written instructions from a physician for nonprescription medications if:

(A) A specific dosage is not given on the label for the age and weight of the child in care;

(B) It is not listed in subsection (2)(c);

(C) It lacks labeled instructions; or

(D) It is taken differently than indicated on the manufacturer's label.

The written instructions must include dosage and description of the child's symptoms warranting the medication.

(e) ((Shall)) Must accept from the child's parent, guardian, or responsible relative only medicine in the original container, labeled with:

(i) The child's first and last names;

(ii) The date the prescription was filled; or

(iii) The medication's expiration date; and

(iv) Legible instructions for administration, such as manufacturer's instructions or prescription label.

(f) ((Shall)) Must keep medication, refrigerated or nonrefrigerated, in an orderly fashion, inaccessible to the child;

(g) Must keep class II narcotics in locked storage.

(h) ((Shall)) Must store external medication in a compartment separate from internal medication;

(((h) Shall)) (i) Must keep a record of medication disbursed;

(((i) Shall)) (j) Must return medications no longer being taken to the parent or other responsible party, or ((shall)) must dispose of ((medications no longer being taken)) them; ((and))

(((j))) (k) May at the licensee's option, permit self-administration of medication by a child in care if the:

(i) Child is physically and mentally capable of properly taking medication without assistance;

(ii) Licensee includes in the child's file a parental or physician's written statement of the child's capacity to take medication without assistance; and

(iii) Licensee ensures the child's medications and other medical supplies are stored so the medications and medical supplies are inaccessible to another child in care.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-230, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must provide food meeting the nutritional needs of the child in care, taking into consideration the:

(a) Number of children in care;

(b) Child's age and developmental level;

(c) Child's cultural background;

(d) Child's ((handicapping condition)) special need; and

(e) Hours of care on the premises.

(2) The licensee ((shall)) Must provide only pasteurized milk or a pasteurized milk product.

(3) The licensee ((shall)) Must provide only whole milk to the child twenty-three months of age or under except with the written permission of the child's parent.

(4) The licensee may serve the child twenty-four months of age or older powdered Grade A milk mixed in the home provided the licensee completes the dry milk mixture, service, and storage in a safe and sanitary manner, using water from an approved source.

(5) The licensee may provide the child nutrient concentrates, nutrient supplements, a modified diet, or an allergy diet only with written permission of the child's health care provider.      The licensee ((shall)) must obtain from the parent or child's health care provider a written list of foods the child cannot consume.

(6) The licensee ((shall)) must use the following meal pattern to provide food to the child in care in age-appropriate servings:

(a) Providing the child in care for ten or less hours:

(i) Two or more snacks and one meal; or

(ii) Two meals and one snack.

(b) Providing the child in care for ten or more hours((:

(i))) , two or more meals and two snacks((; or

(ii) One meal and three snacks));

(c) Providing the child arriving after school a snack;

(d) Providing the child with food at not less than two-hour intervals, and not more than three and one-half hours apart; and

(e) Allowing the occasional serving of party foods not meeting nutritional requirements.

(7) The licensee shall provide the child in care food which complies with the meal pattern of the United States Department of Agriculture Child and Adult Care Food Program, with the addition of:

(a) A minimum of one serving of Vitamin C fruit, vegetable, or juice, provided daily; and

(b) Servings of food high in Vitamin A, provided three or more times weekly.

(8) The licensee ((shall)) must provide:

(a) Dinner to the child in evening care when the child did not receive dinner at home before arriving;

(b) A bedtime snack to the child in nighttime care; and

(c) Breakfast to the child in nighttime care if the child remains at the home after the child's usual breakfast time.

(9) The licensee ((shall)) must monitor foods brought from the child's home for consumption by the child, all children, or a group of children in care ensuring safe storage and nutritional adequacy.

(10) For the home permitting sack lunches, the licensee ((shall)) must have ((available)) food supplies available to supplement food deficient in meeting nutrition requirements brought from the child's home and to nourish the child arriving without food.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-240, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must provide an maintain equipment for the proper storage, preparation, and service of food.

(2) The licensee ((shall)) must make potentially hazardous appliances and sharp or pointed utensils inaccessible to the child when the child is not under direct supervision.

(3) The child may participate in food preparation as an educational activity.

(4) The licensee ((shall)) must install and maintain kitchen equipment and clean reusable utensils in a safe and sanitary manner by:

(a) Washing and sanitizing reusable utensils in a dishwasher or through use of a manual dishwashing procedure; ((and))

(b) Using only single-use or clean cloths, used solely for wiping food service, preparation, and eating surfaces; and

(c) Using an approved sanitizer, such as bleach and water, in the kitchen.

(5) The licensee must provide the child individual drinking cups, glasses, or disposable single-use cups.

(6) The licensee must provide the child durable eating utensils appropriate in size and shape for the child in care.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-250, filed 2/1/91, effective 3/4/91.]

(1) Diapering and toileting.      The licensee ((shall)) must ensure:

(a) The diaper-changing area is:

(i) Separate from food preparation areas; and

(ii) Easily accessible to a handwashing sink other than a sink used for food preparation;

(iii) Sanitized between use for different children; or

(iv) Protected by a disposable covering discarded after each use.

(b) The diaper-changing area is impervious to moisture and washable.

(2) The licensee ((shall)) must:

(a) Use a nonabsorbent pad large enough for the child's upper body and buttocks;

(b) Use reusable diapers, a commercial diaper service, or disposable diapers;

(((b))) (c) Place soiled diapers without rinsing into a separate, cleanable, covered container provided with a waterproof liner before transporting to a laundry, parent, or acceptable disposal;

(((c))) (d) Remove soiled diapers from the home daily or more often unless the licensee uses a commercial diaper service;

(((d))) (e) Use disposable towels or clean, reusable towels laundered between use for different children for cleaning the child; and

(((e))) (f) Wash hands after diapering the child or helping the child with toileting.

(3) The licensee ((shall)) must:

(a) Consult with the child's parent regarding initiating toilet training;

(b) Locate potty chairs on washable, ((impervious)) nonabsorbent surfaces in appropriate toileting area when in use; and

(c) Sanitize toilet training equipment after each use.

(4) Feeding.      The licensee and the infant's parent ((shall)) must agree on a schedule for feedings:

(a) The licensee or parent may provide the child's bottle feeding in the following manner:

(i) A filled bottle brought from home;

(ii) Whole milk or formula in ready-to-feed strength; or

(iii) Formula requiring no preparation other than dilution with water, mixed on the premises, following manufacturer's directions.

(b) The licensee ((shall)) must prepare the child's bottle and nipple in a sanitary manner in an area separate from the diapering area.

(c) The licensee ((shall)) must sanitize the child's bottle and nipple between uses.

(d) The licensee ((shall)) must label the bottle with the child's name and date prepared, if more than one bottle-fed child is in care.

(e) The licensee ((shall)) must refrigerate a filled bottle if the child does not consume the contents immediately and discard the bottle's contents if the child does not consume the contents within twelve hours.

(f) To ensure safety and promote nurturing, the licensee and assistant ((shall)) must:

(i) Hold the child in a semi-sitting position for feeding, if the child is unable to sit in a high chair, unless such is against medical advice;

(ii) Interact with the child;

(iii) Not prop a bottle;

(iv) Not give a bottle to the reclining child; and

(v) Take the bottle from the child when the child finishes feeding.

(g) The licensee ((shall)) must provide semi-solid food for the child, upon consultation with the parent, as recommended by the child's health care provider.

(5) Sleeping equipment.      The licensee ((shall)) must furnish the child a single-level crib, infant bed, bassinet, or play pen for napping until such time the parent and licensee agree the child can safely use a mat, cot, or other approved sleep equipment.

(6) The licensee ((shall)) must ensure the young child has a sturdy crib, infant bed, bassinet, or play pen:

(a) Made of wood, metal, or plastic with secure latching devices; and

(b) Constructed with two and three-eighths inches or less space between vertical slats when the crib is used for a child six months of age or younger; and

(c) ((Additionally supplied with crib bumpers or another effective method preventing the child's body from slipping between the slats)) The licensee must follow the recommendations of the American Academy of Pediatrics when putting infants to bed (1-800-505-CRIB). The provider may use a different sleep position if the parent requests it in writing.

(7) The licensee ((shall)) must ensure the child's crib mattress, infant bed, bassinet, or play pen mattress is:

(a) Snug fitting, preventing the infant from being caught between the mattress and crib side rails; and

(b) Waterproof ((and)), easily sanitized, and in good repair.

(8) Activities and equipment.      The licensee ((shall)) must provide the young child a daily opportunity for:

(a) Large and small muscle development;

(b) Crawling and exploring;

(c) Sensory stimulation;

(d) Social interaction;

(e) Development of communication; and

(f) Learning self-help skills.

(9) The licensee ((shall)) must provide ((the young child)) safe, noningestible, suitable toys and equipment for the young child's mental and physical development.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-270, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must operate the home on an environmentally safe site.

(2) The licensee ((shall)) must maintain the indoor and outdoor premises in a safe and sanitary condition, free of hazards, and in good repair.      The licensee ((shall)) must ensure furniture and equipment are safe, stable, durable, and free of sharp, loose, or pointed parts.

(3) The licensee ((shall)) must:

(a) Install handrails or safety devices at child height adjacent to steps, stairways, and ramps;

(b) Maintain a flashlight or other emergency lighting device in working condition;

(c) Ensure there is no flaking or deteriorating lead-based paint on interior and exterior surfaces, equipment, and toys accessible to the child;

(d) Finish rough or untreated wood surfaces; and

(e) Maintain one or more telephones in working order.

(4) The licensee ((shall)) must supply bathrooms and other rooms subject to moisture with washable, moisture-impervious flooring or routinely cleaned floor covering.

(5) The licensee ((shall)) must equip child-accessible electrical outlets with nonremovable safety devices or covers preventing electrical injury.

(6) The licensee ((shall)) must ensure staff can gain rapid access in an emergency to a bathroom or other room occupied by the child.

(7) The licensee ((shall)) must keep the premises free from rodents, fleas, cockroaches, and other insects and pests, using the least toxic method available, and notifying children's parents in advance of chemical usage.

(8) The licensee ((shall)) must use an appropriate method for drawing clean mop water and disposing waste water.

(9) ((The licensee shall ensure a firearm or another weapon is kept in locked storage accessible only to an authorized person)) Firearms, ammunition, and other weapons must be kept in secure, locked storage, at all times when not in use. They must be accessible only to authorized persons. Secure locked storage means a locked storage container, gun cabinet, gun safe, or other storage area made of strong, unbreakable material. If the cabinet has a glass or other breakable front, then the guns need to be secured with a cable or chain placed through the trigger guards securing the guns in the storage unit.

(10) The licensee ((shall)) must ensure a person with current first aid and infant-child CPR training is on the premises at all times.

(11) The licensee ((shall)) must store separate from food products and make inaccessible to ((the child cleaning supplies, toxic substances, paint, poisons, aerosol containers, and items bearing warning labels)) children cleaning supplies, toxic substances, paint, poisons, aerosol containers, and items bearing warning labels indicating a product is hazardous, if a person is exposed to, or consumes the product.

(12) The licensee ((shall)) must label a container filled from a stock supply to identify contents.

(13) The licensee must ensure that any animal or pet on the premises has not demonstrated aggressive behavior. If a pet or animal has demonstrated aggressive behavior, it must be inaccessible to children in care at all times.

(14) The use of wheeled baby walkers is prohibited.

(15) The use of trampolines, including rebounders, is prohibited

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-280, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must obtain ((approval of a private)) water ((supply by the local health authority or department)) from:

(a) A public water supply that is regulated by Washington state department of health drinking water operations or the local health authority, as appropriate;

(b) An individual water supply operated and maintained in a manner acceptable to the local health authority; or

(c) Commercially bottled water in cases where (a) or (b) of this subsection are unsatisfactory.

(2) The licensee ((shall)) must ensure sewage and liquid wastes are discharged into:

(a) A public sewer system; or

(b) An independent sewage system ((approved)) maintained so as not to create a public health nuisance as determined by the local health authority ((or department)).

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-290, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must maintain the following water safety precautions when the child uses an on-premises swimming pool or wading pool.      The licensee ((shall)) must ensure:

(a) The on-premises pool is inaccessible to the child when not in use; and

(b) ((During the child's use of a wading pool or swimming pool,)) An adult with current CPR training supervises the child at all times.

(2) The licensee ((shall)) must ensure a certified lifeguard is present during the child's use of an off-premises swimming pool.

(3) The licensee ((shall daily)) must empty and clean a portable wading pool daily, when in use.

(4) ((The licensee shall not permit the)) An adequate, department-approved cover or barrier, installed at the manufacturer's specification must be in place to prevent the child ((to use or)) access ((a)) at all times to heated tubs, ((spa,)) whirlpools, spas, tanks, or similar equipment.

(5) A five foot high fence with gates, locked when not in use, is required to prevent access to water hazards, such as swimming pools, lakes, streams, or natural or artificial pools.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-295, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must maintain first-aid supplies on the premises conforming with the home's first-aid policies and procedures.

(2) The home's first-aid supplies ((shall)) must include unexpired syrup of ipecac which may be administered only on the advice of a ((physician or)) poison control center.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-310, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must provide a safe and securely-fenced or department-approved, enclosed outdoor play area:

(a) Adjoining directly the indoor premises; or

(b) Reachable by a safe route and method; and

(c) Promoting the child's active play, physical development, and coordination; and

(d) Protecting the ((play area)) child from unsupervised exit ((by the child; and)) with an enclosure at least forty-eight inches high; and

(e) Preventing child access to roadways and other dangers.

(2) The licensee ((shall)) must ensure the home's activity schedule affords the child sufficient daily time to participate actively in outdoor play.

(3) The licensee ((shall)) must provide a variety of age appropriate play equipment for climbing, pulling, pushing, riding, and balancing activities.      The licensee ((shall)) must arrange, design, construct, and maintain equipment and ground cover to prevent the child's injury.      The licensee's quantity of outdoor play equipment ((shall)) must offer the child a range of outdoor play options.

(4) Preschool children and younger must be in visual and auditory range when outside.

(5) School-age children must be in auditory range when outside.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-320, filed 2/1/91, effective 3/4/91.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 3136, filed 2/1/91, effective 3/4/91)

WAC 388-155-340
Toilets, handwashing sinks, and bathing facilities.

(1) The licensee ((shall)) must provide a minimum of one indoor flush-type toilet and one adjacent handwash sink.

(2) The licensee ((shall)) must supply the child warm running water for handwashing at a temperature range no less than eighty-five degrees Fahrenheit and no more than one hundred and twenty degrees Fahrenheit.

(3) The licensee ((shall)) must provide toileting privacy for the child of opposite sex six years of age and older and for other children demonstrating a need for privacy.

(4) The licensee ((shall)) must provide toilets and handwashing sinks of appropriate height and size for the child in care or furnish safe, easily cleanable platforms impervious to moisture so the child can reach the toilet and handwashing sink.

(5) The licensee ((shall)) must ensure a room used for toileting is ventilated.

(6) When a home serves the child not toilet-trained, the licensee ((shall)) must provide developmentally appropriate equipment for the toileting and toilet training of the young child.      The licensee ((shall)) must sanitize the equipment after each child's use.

(7) The licensee ((shall)) must provide the child with soap and individual cloth or paper towels for washing and drying the child's hand and face.

(8) If the home is equipped with a bathing facility, the licensee ((shall)) must:

(a) Ensure the young child is supervised while using the bathing facility; and

(b) Equip the bathing facility with a conveniently located grab bar or other safety device such as a nonskid pad((; or

(c) Make the bathing facility inaccessible to the child)).

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-340, filed 2/1/91, effective 3/4/91.]

(1) ((The licensee shall maintain access to laundry washing and drying facilities, which may include using on-premises or off-site equipment.

(2) When washing and drying occurs on-site, the licensee shall locate equipment in an area inaccessible to the child, or make the equipment inaccessible to the child.

(3))) The licensee ((shall)) must use an effective method through temperature or chemical measures for adequately sanitizing the child's laundry contaminated with urine, feces, lice, scabies, or other infectious material.

(((4))) (2) The licensee ((shall)) must store the child's soiled laundry separately from clean laundry.

(3) Hazardous laundry supplies and soiled items must be inaccessible to children.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-350, filed 2/1/91, effective 3/4/91.]

(1) The licensee ((shall)) must provide a clean, separate, firm mat, cot, bed, mattress, play pen, or crib for each child five years of age and under remaining in care for six or more hours and for the child requiring a nap or rest period.

(2) The licensee ((shall)) must ensure the child's mat or cot is of sufficient length, width, and thickness to provide adequate comfort for the child to nap.      The licensee must ensure the cot surface is of a material which can be cleaned with a detergent solution, disinfected, and allowed to air dry. The licensee may use a washable sleeping bag meeting the mat requirements for the toilet-trained child.

(3) ((The licensee shall ensure the child's cot is of sufficient length and width and constructed to provide adequate comfort for the child to nap.      The licensee shall ensure the cot surface is of a material which can be cleaned with a detergent solution, disinfected, and allowed to air dry.

(4))) The licensee ((shall)) must clean the child's nap equipment as needed and between use by different children.

(((5))) (4) The licensee ((shall)) must separate the child's nap equipment when in use to facilitate child comfort and health and staff access.

(((6))) (5) The licensee ((shall)) must ensure the child's bedding:

(a) Consists of a clean sheet or blanket to cover the sleeping surface and a clean, suitable cover for the child;

(b) Is laundered weekly or more often and between use by different children; and

(c) Is stored separately from bedding used by another child.

(((7))) (6) The licensee ((shall)) must not use the upper bunk of a double deck bed for a preschool age or younger child.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-360, filed 2/1/91, effective 3/4/91.]

The licensee ((shall)) must comply with federal and state regulatory and statutory requirements, defined under chapter 49.60 RCW, regarding nondiscrimination in employment practices and client services, to prohibit discrimination because of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical disability or use of a trained guide dog or service animal by a disabled person.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-390, filed 2/1/91, effective 3/4/91.]

(1) Consistent with state and federal laws, the licensee ((shall)) must respect and facilitate the rights of the child in care to observe the tenets of the child's faith.

(2) The licensee ((shall)) must not punish or discourage the child for exercising these rights.

(((3) If the home conducts religious activities, the licensee shall maintain a written description of the home's religious policies and practices affecting the child in care.))

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-400, filed 2/1/91, effective 3/4/91.]

When one or more American Indian child receives care at the home, the licensee ((shall)) must in consultation with the parent, develop social service resources and training designed to meet the special needs of such children ((through coordination)). The licensee may coordinate with tribal, Indian Health Service, Bureau of Indian Affairs social service staff, and appropriate urban Indian and Alaskan native consultants.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-410, filed 2/1/91, effective 3/4/91.]

(1) During operating hours or when the child is in care, the licensee, assistant, and volunteers on the premises in child care areas, or caring for the child off-site ((shall)) must not be under the influence of or consume an:

(a) Alcoholic beverage; or

(b) Illegal drug.

(2) The licensee ((shall)) must prohibit smoking in:

(a) All areas of the home used by the child during hours of operation when the child is in care; and

(b) A motor vehicle when the licensee or assistant transports a child.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-430, filed 2/1/91, effective 3/4/91.]

(1) During home operating hours or while the child is in care, the only persons having regular or unsupervised access to the child in care are:

(a) The child's parent,

(b) The licensee,

(c) An employee,

(d) The licensee's family member,

(e) A volunteer, or ((an authorized))

(f) A governmental agency representative ((of a governmental agency shall have unsupervised or regular access to the child in care)) having specific, verifiable authority for the access.

(2) The licensee ((shall)) must allow the parent of the child in care unsupervised access only to ((the parent's)) his or her own child.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-440, filed 2/1/91, effective 3/4/91.]

The licensee ((shall)) must maintain ((on the premises )) organized confidential records and information on the premises concerning each child in care.      The licensee ((shall)) must ensure the child's record contains, at a minimum:

(1) Registration data:

(a) Name, birthdate, dates of enrollment and termination((, and other identifying information)); and

(b) Name, address, and home and business telephone number of the parent and other person to be contacted in case of emergency.

(2) Authorizations:

(a) Name, address, and telephone number of the person authorized to remove from the home the child under care;

(b) Written parental consent for transportation provided by the home, including field trips and swimming, when the child participates in these activities.      A parent-signed blanket consent form may authorize the child's off-site travel; and

(c) Written parental consent, or court order, for providing medical care and emergency surgery, except for such care authorized by law.

(3) Medical and health data:

(a) A health history, obtained when the licensee enrolls the child for care.      The history includes:

(i) The date of the child's last physical examination;

(ii) Allergies;

(iii) Special health problems and other pertinent health information;

(iv) Immunization history as required under WAC 388-155-220;

(v) Name, address, and telephone number of the child's health care provider or facility; and

(vi) Special developmental problems.

(b) Date and kind of illness and injury occurring on the premises, including the treatment given by the licensee; and

(c) Medication given indicating dosage, date, time, and name of the dispensing person.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-450, filed 2/1/91, effective 3/4/91.]

The licensee ((shall)) must maintain the following documentation on the premises:

(1) The attendance records, completed daily, including arrival and departure times;

(2) A copy of the report sent to the licensor about the illness or injury to the child in care requiring medical treatment or hospitalization;

(3) The twelve-month record indicating the date and time the licensee conducted the required monthly fire evacuation drills;

(4) The twelve-month record indicating the date the licensee tested the battery-powered smoke detector monthly; and

(5) Attendance records and invoices for state-paid children for at least five years.

[Statutory Authority: RCW 74.12.340.      94-13-201 (Order 3745), § 388-155-460, filed 6/22/94, effective 7/23/94.      Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-460, filed 2/1/91, effective 3/4/91.]

(1) Each assistant and volunteer having unsupervised or regular access to the child in care ((shall)) must complete and submit to the licensee by the date of hire:

(a) An application for employment on a department-prescribed form, or its equivalent; and

(b) A criminal history and background inquiry form.

(i) The licensee ((shall)) must submit this form to the department for the employee and volunteer, within seven calendar days of the assistant's or volunteer's first day of employment, permitting a criminal and background history check.

(ii) The department ((shall)) must discuss the result of the criminal history and background inquiry information with the licensee, when applicable.

(2) The licensee, assistant, and volunteer ((shall)) must have on file at the home:

(a) An employment application, including work and education history;

(b) Documentation of criminal history and background inquiry form submission;

(c) A record of the tuberculin skin test results, x-ray, or an exemption to the skin test or x-ray;

(d) Documentation of HIV/AIDS education and training;

(e) Documentation of current first aid and CPR training, when applicable; and

(f) Documentation of basic and annual training required under WAC 388-155-180 (2)(d) and 388-155-200 (2)(c), when applicable.

[Statutory Authority: RCW 74.15.030.      98-24-052, § 388-155-470, filed 11/25/98, effective 12/26/98; 91-04-048 (Order 3136), § 388-155-470, filed 2/1/91, effective 3/4/91.]

A family child care home license is valid only for the person and address named on the license.      The licensee ((shall)) must promptly report to the licensor major changes in premises, activities and routines, the assistant, or members of the household affecting the home's capacity classification, delivery of safe, developmentally appropriate services, or continued eligibility for licensure.      A major change includes the:

(1) Home's address, location, or phone number;

(2) Maximum number and age ranges of children the licensee wishes to serve as compared to current license specifications;

(3) Number and qualifications of the home's staff that may affect competencies to implement the specified activities and routines, including the death, retirement, or incapacity of a licensee;

(4) Name by which the home is commonly known;

(5) Occurrence of a fire, major structural change, or damage to the premises from any cause; ((and))

(6) Plans for major remodeling of the home, including planned use of space not previously department-approved; and

(7) Report of a person moving in or out of the household.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-490, filed 2/1/91, effective 3/4/91.]

The licensee ((shall)) must post the following items, clearly visible to the parents and the assistant:

(1) The home's child care license issued under this chapter;

(2) Evacuation plans and procedures; ((and))

(3) Emergency telephone numbers; and

(4) A department-issued final notice of penalty.

[Statutory Authority: RCW 74.15.030.      91-04-048 (Order 3136), § 388-155-500, filed 2/1/91, effective 3/4/91.]

(1) Any home used for child day care purposes for fewer than thirteen children is considered to be a Group R, Division 3 occupancy per the state building code.      Family child day care homes must meet the minimum construction and fire and safety requirements for one and two family dwellings.

If a portion of the home is used for purposes other than a dwelling, such as a garage, automotive repair shop, cabinet and/or furniture making or refinishing or similar use, a fire wall is required between the dwelling and the other use.

(2) Only one exit door from a family child day care home need be of the pivoted or side hinged swinging type.      Approved sliding doors may be used for other exits.

(3) In family child day care home, each floor level used for family child day care purposes ((shall)) must be provided with two exits, usually located at opposite ends of the building or floor.

(4) Basements located more than four feet below grade level ((shall)) must not be used for family child day care purposes unless one of the following conditions exists:

(a) Two exit stairways from the basement open directly to the exterior of the building without entering the first floor; or

(b) One of the two required exits discharges directly to the exterior from the basement level and the other exit is an interior stairway with a self-closing door installed at the top or bottom leading to the floor above; or

(c) One of the two required exits is an operable window or door, approved for emergency escape or rescue, that opens directly to a public street, public alley, yard or exit court and the other may be an approved interior or exterior stairway; or

(d) A residential sprinkler system is provided throughout the entire home in accordance with standards of the National Fire Protection Association.

(5) The family child care home licensee ((shall)) must ensure that any floor located more than four feet above grade level is not occupied by children for family child day care purposes except for the use of toilet facilities while under supervision of a staff person.

Family child day care may be allowed on the second story if one of the following conditions exists:

(a) There are two exit stairways from the second story which open directly to the exterior of the building without entering the first floor; or

(b) There is an exit which discharges directly to the exterior from the second story level, and a second interior stairway with a self-closing door installed at the top or bottom of the interior stair leading to the floor below; or

(c) A residential sprinkler system is provided throughout the entire building in accordance with standards of the National Fire Protection Association.

(6) The maximum travel distance from any point in the home to an exterior exit door ((shall)) must not exceed one hundred fifty feet.

(7) Every room used for child care (except bathrooms) ((shall)) must have:

(a) At least one operable window or door approved for emergency escape or rescue which ((shall)) must open directly into a public street, public alley, yard or exit court.      The units ((shall)) must be operable from the inside to provide a full clear opening without the use of separate tools.

((All)) The net clear openable area of an escape or rescue ((windows shall have)) window must be a minimum ((net clear openable area)) of 5.7 square feet.      The ((minimum)) net clear openable height dimension ((shall)) must be a minimum of twenty-four inches.      The ((minimum)) net clear openable width dimension ((shall)) must be a minimum of twenty inches.      ((When windows are provided as a means of)) An escape or rescue((, they shall)) window must have a finished sill height of not more than forty-four inches above the floor; or

(b) Doors leading to two separate exit ways; or

(c) A door leading directly to the exterior of the building.

(8) A stationary platform may be used under a window to attain the forty-four inches above the floor.

(9) Exit doors ((shall)) must be easy to open to the full open position.

(10) Exit doors and windows ((shall)) must be able to be opened from the inside without having to use a key.      Use of night latches, dead bolts, security chains, manually operated edge or surface mounted flush bolts and surface bolts ((are)) is prohibited during child care hours.

The locking arrangement on outside exit doors ((shall)) must be such that they will automatically unlock when the doorknob is turned from the inside.

(11) The licensee ((shall)) must ensure that obstructions are not placed in corridors, aisles, doorways, doors, stairways or ramps.

(12) ((No)) Space which is accessible only by ladder, folding stairs or trap doors, ((shall)) must not be used for family child day care purposes.

(13) Every bathroom door lock ((shall)) must be designed to permit the opening of the locked door from the outside in an emergency.      The opening device ((shall)) must be readily accessible to the staff.

(14) Every closet door latch ((shall)) must be such that children can open the door from inside the closet.

[Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW.      96-10-042 (Order 9373), § 388-155-600, filed 4/26/96, effective 5/27/96.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-155-210	Health care plan.
WAC 388-155-260	Drinking and eating equipment.

© Washington State Code Reviser's Office