WSR 99-24-028

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Children's Administration)

[ Filed November 23, 1999, 11:43 a.m. ]

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 services 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: 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 to 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

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-01 issue of the Register.

Washington State Code Reviser's Office