WSR 04-09-093



(Economic Services Administration)

[ Filed April 20, 2004, 4:20 p.m. ]

Date of Adoption: April 15, 2004.

Purpose: The Department of Social and Health Services' Economic Services Administration (ESA) is revising sections of chapter 388-295 WAC to correct errors made in the most recent rule filing, and to make other sections more clear.

Citation of Existing Rules Affected by this Order: Amending WAC 388-295-0020, 388-295-0060, 388-295-0070, 388-295-0090, 388-295-0100, 388-295-0110, 388-295-1070, 388-295-1110, 388-295-2010, 388-295-2090, 388-295-2100, 388-295-3010, 388-295-4010, 388-295-4100, 388-295-5030, 388-295-5150, 388-295-7010, 388-295-7040, and 388-295-7050.

Statutory Authority for Adoption: Chapters 74.12 and 74.15 RCW.

Adopted under notice filed as WSR 04-05-084 on February 17, 2004.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made in rules as adopted compared to the proposed rules, as a result of comments received. New wording is underlined, and deleted wording is lined-through.

WAC 388-295-0070, subsections (1)(a) through (c):

(1) You, your staff and volunteers must have the following personal characteristics in order to operate or work in a child care facility:

(a) The understanding, ability, physical health, emotional stability, good judgment and personality suited to meet the physical, intellectual, mental, emotional and social needs of the children under your in care;

(b) Be qualified by our background inquiry check prior to having unsupervised access to children. To "be qualified" means that you have not having been convicted of, or have charges pending for, crimes posted on the DSHS secretary's list of permanently disqualifying convictions for ESA. You can find the complete list at This includes your not having committed or been convicted of child abuse or any crime involving harm to another person; and

(c) Be able to furnish the child in your care with a healthy, safe, nurturing, respectful, supportive and responsive environment...

WAC 388-295-3010, subsection (1)(d):

(d) Reviewed, and signed and dated by a physician a physician's assistant or registered nurse when you change your policies and procedures or type of care that you provide, or at least every three years when you are due for re-licensing...

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 19, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 19, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

April 15, 2004

Brian H. Lindgren, 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 04-10 issue of the Register.

Legislature Code Reviser 


Washington State Code Reviser's Office