WSR 02-18-100



(Economic Services Administration)

[ Filed September 3, 2002, 3:28 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Child day care facility rules - technical changes.

Purpose: These technical changes will clarify language in WAC 388-155-090, 388-155-095, and 388-155-670.

Other Identifying Information: The proposed rules are being filed without prior filing of a CR-101 preproposal statement of inquiry. A CR-101 notice is not required for rules that "make address or name changes, or clarify the language of a rule without changing its effect." RCW 34.05.310 (4)(d).

Statutory Authority for Adoption: RCW 74.15.030.

Statute Being Implemented: RCW 74.15.030.

Summary: The revised family child day care home WAC 388-155-090 was adopted July 29, 2002. The language inadvertently refers to "center" rather than "home." The language is being modified to reflect that this WAC refers to family child day care homes rather than child day care centers. WAC 388-155-095 and 388-155-670 refer to "Office of Child Care Policy." That language needs to be updated to reflect that Office of Child Care Policy is now the Division of Child Care and Early Learning.

Reasons Supporting Proposal: This language must be clarified and make a name change to accurately reflect the intent of the WAC.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leslie Edwards-Hill, ESA-DCCEL, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3289.

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: See Purpose above.

Proposal Changes the Following Existing Rules: See Summary and Reasons Supporting Proposal above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. While this WAC chapter affects the licensing of child care homes that may be small businesses, the proposed amendments are technical and clarifying changes only, and will not impose any additional costs to small businesses.

RCW 34.05.328 does not apply to this rule adoption. The proposed rules are exempt under RCW 34.05.328 (5)(b)(iv), "this section does not apply to... rules that only correct typographical errors, make address or name changes, or clarify language of the rule without changing its effect."

Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 8, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 4, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail, by 5:00 p.m., October 8, 2002.

Date of Intended Adoption: Not earlier than October 9, 2002.

August 29, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 02-14-085, filed 6/28/02, effective 7/29/02)

WAC 388-155-090   When can my license application be denied and when can my license be suspended or revoked?   (1) We must deny your license application, or suspend or revoke your license if you do not meet the requirements outlined this chapter.

(2) If more than one person applies for a license or is licensed under this chapter to provide child care at the same facility, we will consider qualifications separately and together. We may deny your license application, or suspend or revoke your license if one person fails to meet the minimum licensing requirements.

(3) We must deny, suspend, or revoke your license if you:

(a) Have been found to have abused, neglected, or sexually exploited a child as defined in chapter 26.44 RCW and WAC 388-15-130;

(b) Have a disqualifying criminal history as listed in chapter 388-06 WAC;

(c) Have had a license denied, suspended, or revoked for the care of adults or children in this state or any other state. The exception: If you can demonstrate by clear and convincing evidence that you have taken enough correction action or rehabilitation to justify the public trust and to operate the ((center)) home according to the rules of this chapter, we may issue you a license;

(d) Commit or allow an illegal act on the licensed premises;

(e) Allow a child in your care to be abused, neglected, exploited, or treated with cruelty or indifference;

(f) Use illegal drugs, or use alcohol excessively;

(g) Refuse to permit an authorized representative of the department, state fire marshal, or state auditor's office to inspect the premises; or

(h) Refuse to permit an authorized representative of the department, state fire marshal, or state auditor's office access to records related to the ((center's)) home's operation or to interview staff or a child in care.

(4) We may deny, suspend, or revoke your license if you:

(a) Try to get a license by deceitful means, such as making false statements or leaving out important information on your application;

(b) Do not provide enough staff in relation to the numbers, ages, or characteristics of children in care;

(c) Allow a person who is not qualified by training, experience or temperament to care for or be in contact with a child in care;

(d) Fail to provide adequate supervision to a child in care;

(e) Are not able to exercise fiscal responsibility and accountability while operating the ((center)) home;

(f) Knowingly allow an employee or volunteer on the premises who has made false statements on an application for employment or volunteer service;

(g) Refuse to supply additional information reasonably requested by the department; or

(h) Fail to comply with the minimum licensing requirements set forth in this chapter or any provision of chapter 74.15 RCW.

[Statutory Authority: Chapter 74.120 RCW, RCW 74.12.340, and 74.15.030. 02-14-085, 388-155-090, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 74.15.030. 01-17-084, 388-155-090, filed 8/16/01, effective 9/16/01; 96-10-043 (Order 3974), 388-155-090, filed 4/26/96, effective 5/27/96. Statutory Authority: RCW 74.12.340. 94-13-201 (Order 3745), 388-155-090, filed 6/22/94, effective 7/23/94. Statutory Authority: RCW 74.15.030. 91-04-048 (Order 3136), 388-155-090, filed 2/1/91, effective 3/4/91.]

AMENDATORY SECTION(Amending WSR 01-17-084, filed 8/16/01, effective 9/16/01)

WAC 388-155-095   Civil penalties--Unlicensed programs.   Where the department has determined that an agency is operating without a license, the department must send written notification by certified mail or other means showing proof of service. This notification must contain the following:

(1) Advising the agency of the basis of determination of providing child care without a license and the need to be licensed by the department;

(2) The citation of the applicable law;

(3) The assessment of seventy-five dollars per day penalty for each day unlicensed care is provided. The fine would be effective and payable within thirty days of receipt of the notification;

(4) How to contact the ((office)) division of child care ((policy)) and early learning;

(5) The need to submit an application to the ((office)) division of child care ((policy)) and early learning within thirty days of receipt of the notification;

(6) That the penalty may be forgiven if the agency submits an application within thirty days of the notification; and

(7) The right of an adjudicative proceeding as a result of the assessment of a monetary penalty and the appropriate procedure for requesting an adjudicative proceeding.

[Statutory Authority: RCW 74.15.030. 01-17-084, 388-155-095, filed 8/16/01, effective 9/16/01; 96-20-095, 388-155-095, filed 10/1/96, effective 11/1/96.]

AMENDATORY SECTION(Amending WSR 01-17-084, filed 8/16/01, effective 9/16/01)

WAC 388-155-670   Fire evacuation drill.   A fire evacuation drill must be conducted at least once each month. A written record, the fire safety record and evacuation plan, must be maintained and posted on the premises indicating the date, time and other required entries on the form. Such forms are available from the ((office)) division of child care ((policy)) and early learning.

[Statutory Authority: RCW 74.15.030. 01-17-084, 388-155-670, filed 8/16/01, effective 9/16/01. Statutory Authority: RCW 74.12.340 and chapter 74.15 RCW. 96-10-042 (Order 9373), 388-155-670, filed 4/26/96, effective 5/27/96.]

Washington State Code Reviser's Office