WSR 11-09-081

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed April 20, 2011, 8:39 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-24-051.

     Title of Rule and Other Identifying Information: Proposing new chapter 170-296A WAC, Licensed family home child care standards, and repealing all sections of current chapter 170-296 WAC.

     Hearing Location(s): The public may join the following hearings at anytime during the posted times:

     1. Saturday, June 11, 2011, at 11:00 a.m. to 1:30 p.m. by video conference at Renton, Educational Service District 121, Puyallup Room, 800 Oaksdale [Oakesdale] Avenue S.W., Renton, WA 98057, and University Center at Everett Community College, Gray Wolf Hall, Room 160, 2000 Tower Street, Everett, WA 98201-1390, free parking is in lots B and C west of Gray Wolf Hall.

     2. Wednesday, June 15, 2011, at 6:30 p.m. to 9:00 p.m. by video conference at Vancouver, Educational Service District 112, Clark/Pacific Rooms, 2500 N.E. 65th Avenue, Vancouver, WA 98661-6812, and Olympia/Tumwater, Educational Service District 113, 6005 Tyee Drive S.W., Olympia, WA 98512 (new location - between Costco and Home Depot, 1/2 mile south of I-5 exit 102).

     3. Saturday, June 18, 2011, at 11:00 a.m. to 1:30 p.m., Yakima, Children's Village, 3801 Kern Road, Yakima, WA 98902.

     4. Saturday, June 25, 2011, at 11:00 a.m. to 1:30 p.m. by video conference at Spokane, Northeast Washington Educational Service District 101, 4202 South Regal, Spokane, WA 98223-7738, and Pasco, Educational Service District 123, Blue Mountain Room, 3918 West Court Street, Pasco, WA 99301.

     The deadline for sending written comments on the proposed rules is midnight on Sunday, June 26, 2011. See the "submit written comments to" section of this notice about how to submit written input on this proposed rule.

     Everyone who comments on the proposed rules either in writing or at a public hearing will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by contacting the department of early learning (DEL) rules coordinator, or by e-mailing Rules@del.wa.gov.

     DEL encourages the public to use the department Facebook and DEL blog pages on the internet to post input about DEL programs and initiatives. However, for a written comment to be considered part of the official record for this proposal, and for the sender to receive the department's concise explanatory statement, the comment must be received at the on-line, e-mail, fax or postal mail locations as described in this notice under "submit written comments to."

     Date of Intended Adoption: After July 1, 2011.

     Submit Written Comments to: DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, DEL Online Comment Web Site https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 725-4939, by 11:59 p.m., June 26, 2011.

     Assistance for Persons with Disabilities: Contact DEL rules coordinator by 5:00 p.m., June 2, 2011, (360) 725-4397.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to adopt a new WAC chapter setting requirements for obtaining and maintaining a DEL family home child care license. The rules set the health, safe and early learning standards for persons who provide care in the family living quarters of their own home for not more than twelve children under RCW 43.215.010 (1)(c).

     Reasons Supporting Proposal: The current chapter 170-296 WAC was adopted in 2004 when child care licensing was under the department of social and health services (DSHS). In 2006, DEL was created as a separate state agency, and the legislature transferred child care licensing authority from DSHS to DEL (see chapter 265, Laws of 2006). Child care licensing rules were transferred from DSHS to DEL in July 2006, including the rules that became DEL chapter 170-296 WAC, Child care business regulations for family home child care (see WSR 06-15-075).

     RCW 43.215.200 establishes the DEL director's authority to establish requirements for licensing child care facilities regulated under chapter 43.215 RCW, including family home child care (FHCC).

     The 2004 DSHS FHCC rules resulted in one hundred thirty-eight rule-making petitions filed under RCW 34.05.330 requesting that various sections of chapter 388-296 WAC be revised or repealed. DSHS accepted some of those petitions and planned to open the FHCC for revision. But by mid-2006, DSHS had not begun rule making related to these petitions when DEL was created and chapter 388-296 WAC was transferred from DSHS to DEL.

     In the same year DEL was created, the legislature passed a law (now RCW 43.215.350) requiring then DSHS and now DEL to engage in "negotiated rule making" with FHCC providers, their exclusive bargaining representative (Service Employees International Union Local 925 (SEIU)) and other affected interests before adopting requirements that affect FHCC licensees. Negotiated rule making is a process briefly described in RCW 34.05.310 (the Washington Administrative Procedure Act) where the individuals or businesses regulated by a set of rules participate directly in developing or revising the rules.

     In autumn 2006, DEL staff began discussions with SEIU on revising the FHCC rules to respond to the 2004 rule-making petitions, and on using a negotiated rule-making process.

     DEL and SEIU held joint public forums in January 2007 on how the rule development process should proceed. A joint decision was made to review the entire FHCC WAC chapter, rather than review only the sections subject to the rule-making petitions. A thirty member negotiated rule-making team (NRMT) was formed comprised of FHCC licensees, SEIU staff, parent advocates, provider advocates, child care resource and referral (CCR&R) network representatives and DEL staff. The NRMT's charge was to review the current FHCC rules, research child development and child health and safety resources plus other state regulations, and make comprehensive recommendations for revising chapter 170-296 WAC.

     There were no examples found of negotiated rule making used to develop other state agency regulations. DEL and SEIU used the state office of financial management Guide to Negotiated Rule Making as a resource. However, the process for reviewing, researching and making recommendations about the DEL FHCC rules was developed by the NRMT and an independent contractor hired to facilitate the process. This included adopting NRMT: Protocols for orderly decision making; a set of Guiding Principles that recommendations would be based upon (including that the rules must support a child's right to have safe and health[y] child care); and other organizing procedures.

     Rule Development Process. From March 2007 through December 2009, the full NRMT met in-person twenty-nine times to discuss the rules. In addition, three regional subteams of the NRMT met approximately one hundred times (mostly by conference call) during this period to conduct the detailed research and to make preliminary recommendations to the full NRMT. The subteams organized their work on matrixes (for thirteen major topic areas and about two hundred subtopics) that included the: Current WAC content; child development research and/or other state regulations; possible alternatives to the current rules; potential concerns or areas of controversy; and finally the subteam's recommended rule changes to the full NRMT. The full NRMT reviewed each subteam's work, discussed issues and concerns, and then voted on in-depth "concept" recommendations to DEL for changing most of the current rules. In some instances the NRMT recommended that certain existing FHCC requirements remain, but with revised structure or wording (an early team recommendation was to rewrite the FHCC rules without the current question-and-answer format and to restructure the WAC chapter).

     Using the NRMT's in-concept notes, a drafting team comprised of one FHCC licensee and one DEL staff person wrote an initial working draft of the new WAC chapter. A rule review group of three FHCC licensees, two DEL staff and a CCR&R representative reviewed the draft WAC for consistency with the NRMT recommendations and current law.

     As portions of the NRMT working draft rules were completed in 2009, nearly forty small forums statewide were held to gather preliminary input, mostly sponsored by the FHCC local and statewide associations or by SEIU, with participation at several forums by DEL staff and other NRMT members. The process culminated in a NRMT working draft of the new FHCC WAC that was circulated for public input in March and April 2010. See this link http://www.del.wa.gov/laws/development/negotiated.aspx for more information on the NRM[T] process.

     DEL director Bette Hyde met with the NRMT on March 27, 2010, to personally present nearly thirty pages of her comments and observations of the NRMT's working draft rules. Dr. Hyde noted that about ninety-five percent of the NRMT's concept recommendations DEL could enact with little or no substantive change. But Dr. Hyde said the remainder of NRMT recommendations DEL would need to revise further into more robust standards to protect the safety and health of children in care. Dr. Hyde directed DEL staff to gather more public and staff input on the NRMT working draft before the department prepared the next draft of the FHCC WAC.

     Public Input on NRMT Working Draft Rules. DEL held eight forums statewide in April 2010 to take input on the draft, in Tumwater, Vancouver, Everett, Seattle, Kent, Spokane, Pasco and Wenatchee. Comments were also received on the DEL web site, by e-mail, fax and postal mail. In all, DEL received more than three hundred pages of comments, which are summarized at this link http://www.del.wa.gov/publications/laws/docs/NRMTPublicComments.pdf.

     DEL Develops Proposed Rules. DEL reviewed the NRMT working draft and comments, and decided to:


     •     Reorganize and revise the NRMT's working draft;

     •     Repeal of the entire current chapter 170-296 WAC and replace it with new chapter 170-296A WAC; and

     •     Postpone proposing some changes recommended by the NRMT that would have required resources that are unavailable to DEL in the state's current budget climate, including but not limited to: Developing preservice training prior to an applicant receiving a new FHCC license; establishing new specialty licenses (and required training) for infant-toddler-only child care, age two to five-only care, and school-age-only care; and creating a comprehensive guidebook to accompany the new rules. DEL plans to continue work on these elements, and the department may propose additional rules as appropriate at a later date.


     SEIU/Licensees Seek More Discussion. DEL planned to file the proposed FHCC rules in October 2010 for public review and formal comment. However, SEIU and members of the Washington State FHCC Association requested more time to discuss changes DEL made since the NRMT working draft. From October 2010 through mid-January 2011, DEL met with SEIU and FHCC providers. DEL agreed to make some of the SEIU/licensee's requested changes, did not agree to make others, and offered to gather more research before completing the proposed rules.

     As a result, DEL developed the rules in this proposal. Please see the DEL family home child care rules web site at http://www.del.wa.gov/laws/development/negotiated.aspx for comparisons of the proposed rules to the NRMT's first draft, and compared to the current chapter 170-296 WAC.

     Statutory Authority for Adoption: RCW 43.215.060, 43.215.070, 43.43.832(6), and chapter 43.215 RCW.

     Statute Being Implemented: Chapter 43.215 RCW, RCW 43.215.350 and 34.05.330.

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

     Name of Proponent: DEL, governmental.

     Name of Agency Personnel Responsible for Drafting: Judy Jaramillo and Andy Fernando, DEL, 649 Woodland Square Loop S.E., Lacey, WA, (360) 725-4665; Implementation: DEL child care licensing offices, statewide; and Enforcement: DEL director or designees, DEL, 649 Woodland Square Loop S.E., Lacey, WA, (360) 725-4665.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     (The department has filed this preliminary small business economic impact statement (SBEIS) with the proposed new chapter 170-296A WAC as required by RCW 34.05.320. DEL welcomes input on the preliminary SBEIS. As appropriate or based on comments received, DEL may revise this analysis, and the department will make a final SBEIS available to the public when the permanent rules are filed.)

     DEL is proposing a complete revision of the current family home child care licensing rules in chapter 170-296 WAC. The proposed new rules are chapter 170-296A WAC, Licensed family home child care standards. The current chapter 170-296 WAC would be repealed. DEL has determined that the proposed rules are likely to impose "more than minor" costs on small businesses that must comply, and an SBEIS is required.1

     NAICS Code. Child care services in the provider's own home are included under code number 624410 under the North American industry classification system (NAICS). However, this NAICS code also encompasses child care centers, group homes, head start programs, preschools and babysitting services. Therefore, obtaining state or federal revenue or employment data specific to licensed family home child care for this impact statement is not feasible using NAICS number 624410.

Background


     Statutory Authority. Under RCW 43.215.010 (1)(c), a family home child care (FHCC) subject to licensing by DEL is a "child care provider who regularly provides child day care and early learning services for not more than twelve children in the provider's home in the family living quarters." RCW 43.215.200 establishes the DEL director's authority to establish minimum requirements for licensing child care agencies regulated under chapter 43.215 RCW, including FHCC. RCW 43.215.060 and 43.215.070 (2)(c) provide DEL authority to adopt rules to implement chapter 43.215 RCW. In addition, RCW 43.43.832(6) directs DEL to adopt rules for and investigate the background of anyone seeking a child care license, as well as employees, volunteers, persons living on the premises of a child care, and others having unsupervised access to children in care [center].

     In 2006 the legislature stated its objectives in creating DEL and adopting chapter 43.215 RCW, including to, "...safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide care..." RCW 43.215.005 (4)(c). DEL rules establish standards for child care licensee and staff qualifications, supervision, training, safe spaces, food handling, cleanliness, program activities, nurturing, guidance and discipline, fire and emergency preparedness, medication management, and other aspects of providing a safe, healthy and nurturing child care and early learning environment.

     Licensing Data. The department licenses and monitors more than 7,470 child care centers, school age center programs and FHCC in Washington state. In the state fiscal year ending June 30, 2010, there were 5,354 active FHCC licensees. In the previous fiscal year there were 5,536 active licenses. Child care is a dynamic industry. In each year, some licensed family home providers close for various reasons, and new individuals apply for FHCC licenses. The number of licensed family child care homes has declined in recent years. The current weakened economy and unemployment climate in Washington has reduced the number of families needing or able to afford out-of-home child care. Reduced access to state/federally subsidized child care has also affected the number of families seeking child care and likely has also depressed the numbers of active licensed child care providers.

     FHCC Licensing. A full FHCC license is valid for three years. Roughly one-third of active licensees are completing their license renewal each year. Each child care license applicant and active licensee has an assigned DEL licensor. The licensor is responsible for: Processing new or renewal license applications; completing portions of the background check process for each licensee and all individuals who are required to have a background check; giving technical assistance to licensees; following up on complaints about licensed homes or individuals providing unlicensed child care; preparing and following up facility license compliance agreements; preparing enforcement actions when appropriate and approved by the department; maintaining child care licensee files; and various other training and outreach activities.

     FHCC Monitoring. DEL licensors monitor each licensed child care [center] to verify compliance with state laws and DEL rules. A licensor completes an on-site monitoring visit before an FHCC receives an initial license, before the FHCC upgrades from an initial to a full license, and then about every eighteen months thereafter. The licensor may visit more often if the licensee requests or needs technical assistance, or when the licensor must revisit to follow up on facility licensing compliance agreements or probationary licenses issued for violation of the licensing rules.

     Small Business Data. Every DEL-licensed FHCC meets the definition of a "small business" under RCW 19.85.020.2 (Note: There are no large FHCC businesses (more than fifty employees), so this SBEIS does not contain a comparison of impacts of small businesses compared to ten percent of the large businesses who must comply with the rules. See RCW 19.85.040.) Many FHCCs are operated by the licensee with no employees, or with members of the licensee's household acting in the capacity of staff, either paid or unpaid. Some FHCC licensees - particularly those who are licensed to care for seven to twelve children, or who care for more than two children under age two - may employ paid staff in order to meet the required staff-to-child ratios in the rules.

     In the 2008 DEL "Market Rate Survey"3 1,189 FHCC providers were surveyed, about nineteen percent of the total FHCC licensees at that time. Statewide, the average annual income for licensed FHCC providers statewide was $39,910. The highest average annual FHCC income - $51,149 - was in King County. The lowest annual licensee income was in Spokane County, $26,428 per year. Average annual FHCC income in other counties in the state was more than Spokane County but less that [than] in King County.

     Fifty-two percent of FHCC licensees surveyed reported that child care was their main income source. For those providers, the average child care income was $43,834 per year. For licensees who reported that child care was not their main income source, the average annual child care income was $28,521.

     The market rate survey did not ask questions about other income sources or amounts that some FHCC licensees earned outside of providing licensed child care.

     The survey also found that FHCC providers statewide charged the following average monthly private pay rates: Infants - $721; toddlers - $626; preschoolers - $590; kindergarteners - $525; school-age children - $449. The 2008 survey found private pay rates have decreased since 2006, but are slightly higher than in 2004. Sixty-five percent of FHCC licensees surveyed cared for children under various child care subsidy programs; these licensees averaged 2.7 subsidized children cared for in a typical week during the survey period. (DEL, in conjunction with the department of social and health services, operates two of the state's largest child care subsidy programs: Working connections child care and seasonal child care.)

     The survey did not ask questions about employment of staff or volunteers in licensed FHCC.

Rule-Development Process


     Negotiated Rule Making. Proposed chapter 170-296A WAC was developed using a "negotiated rule making" process under RCW 34.05.310 and 43.215.350.4 From March 2007 through December 2009, a thirty member negotiated rule-making team (NRMT) met twenty-nine times to review current chapter 170-296 WAC and recommend comprehensive changes. The NRMT included FHCC licensees, the Service Employees International Union (SEIU) Local 925 that represents FHCC licensees, DEL licensing and policy staff, provider and parent advocates, and the statewide child care resource and referral (CCR&R) network representatives.

     In addition, three regional subteams of the NRMT met approximately one hundred times during this period to review child care research, best practice and other states' child care laws and rules to make evidence-based preliminary recommendations to the full NRMT. The NRMT voted on nearly two hundred "in-concept" recommendations regarding the current FHCC rules. In some instances, the group recommended that requirements from the current WAC remain, with revised wording. (An early recommendation from the group was to rewrite the entire chapter 170-296 WAC and eliminating the question-and-answer structure of the current rules.) Throughout the NRMT's deliberations, the group relied on Caring for Our Children - Health and Safety Standards, 2nd Edition, a child care guidebook published by the American Academy of Pediatrics, as the group's primary reference source, although many other resources were used.

     Using the NRMT's in-concept recommendations, a drafting team comprised of one licensed FHCC provider and one DEL staff person wrote an initial draft of the new WAC chapter. A rule review group comprised of four FHCC licensees, four DEL staff and a CCR&R representative refined the drafting team's work. The process culminated in a thirteen-part NRMT preliminary working draft of the new FHCC WAC that was released for public input in January 2010. See this link for more information on the NRM [NRMT] process http://www.del.wa.gov/laws/development/negotiated.aspx.

     Input on the NRMT Preliminary Working Draft. As portions of the draft rules were completed in 2009, nearly forty forums statewide were held to gather preliminary input, mostly sponsored by the local or statewide family home child care associations or by SEIU, with participation at several forums by DEL staff and other NRMT members. After the complete NRMT working draft was released, several local FHCC associations sponsored provider work groups to review the draft and organize comments.

     On March 27, 2010, DEL director Bette Hyde met with the NRMT to respond to the team's work. Dr. Hyde said that after gathering input from public health officials and DEL staff, she could endorse about ninety-five percent of the NRMT recommendations either without change or with minor technical changes. The director noted, however, that there were several of the NRMT's recommendations that DEL would need to revise into more robust requirements to promote a safe, healthy and nurturing child care and early learning environment. She said that DEL would gather more public and DEL staff input, and the department would be responsible for writing the next drafts of the FHCC rules.

     DEL held eight public forums during April 2010 - in Everett, Seattle, Kent, Tumwater, Vancouver, Spokane, Pasco and Wenatchee - to take input on the NRMT's preliminary working draft. Comments were also received on the DEL website, by e-mail, fax and postal mail. In all, DEL received more than three hundred pages of comments, which are summarized at this web site http://www.del.wa.gov/publications/laws/docs/NRMTPublicComments.pdf.

     DEL Develops Proposed Rules. From May through August 2010, DEL reviewed the comments on the NRMT's working draft rules, and prepared a comprehensive revision of chapter 170-296 WAC. The department decided to:


• Develop the next public draft as the formal rule proposal under RCW 34.05.320.
• Do more research in appropriate areas, including but not limited to septic inspection and water testing costs, playground safety, lighting safety, child injuries including drowning, fire safety, minimum education and training, and healthy home environments.
• Reorganize the NRMT's working draft (which was grouped in thirteen broad topic areas as reviewed by the NRMT, and was not necessarily intended as the order of the proposed or final WAC).
• Repeal the entire current chapter 170-296 WAC; and replace it with completely new rules.
• Postpone proposing some changes recommended by the NRMT that would have required resources that are unavailable to DEL in the state's current budget climate, including: Requiring more extensive preservice training prior to an applicant receiving a new FHCC license; establishing new specialty licenses and required training for: Infant/toddler-only child care, age two to five-only care, and school-age-only care; and creating a comprehensive guidebook to accompany the new rules. DEL plans to continue work on these elements, and the department may propose additional rules as appropriate at a later date.

     By early October 2010, DEL was ready to file proposed rules and begin formal public hearings. But at the request of SEIU and members of the statewide FHCC association, the department delayed the proposal pending discussion of changes DEL made since the January 2010, NRMT working draft. DEL met with FHCC licensees, SEIU and CCR&R representatives from October 2010 to January 2011. From these meetings DEL agreed to make some additional changes to the rules, decided not to make certain changes requested by SEIU or providers, and agreed to continue researching some topics to assure the rules are evidence-based and are consistent with the current law.

     As a result, DEL developed the rules in this proposal. Please see the DEL family home child care rules web site at http://www.del.wa.gov/laws/development/negotiated.aspx for comparisons of the proposed rules to current chapter 170-296 WAC.

Proposed Rule Changes That May Impose New Costs on Affected Small Businesses


     1. Licensee Minimum Education.

     Proposed WAC 170-296A-1725 would require prospective new FHCC licensees to have a high school diploma or equivalent education. Under proposed WAC 170-296A-1735, current licensees would need to meet this requirement within five years after the final rule is adopted. "Equivalent education["] is defined as:

     A. Passing the general educational development (GED) tests;

     B. Documentation of completing twelve years of primary and secondary education; or

     C. Completing forty-five college credit hours in early childhood education (ECE).

     Why the rule is needed. In December 2010, the Washington professional development consortium (a group convened under chapter 406, Laws of 2009, to recommend a cohesive system of early learning professional development) made as its recommendations to the legislature in December 2010 on core competencies in child care and early learning:5 The group's first recommendation was:

     "A-1: Increase minimum educational requirements for early learning professionals:

     A-1(a): Licensed family child care providers will have high school completion or equivalent and thirty hours of approved preservice training before becoming licensed."

     The consortium (whose advisory committee included FHCC licensees and SEIU staff) went on to say in support of this recommendation:

     "Higher levels of education and training in the early learning and care professional will increase professionals' knowledge, skills and competencies, which will improve their practices. Establishing clear educational requirements for positions in the early learning field will support alignment and consistency of hiring across the field and will professionalize the field of early learning and school-age care."

     The current rules do not require any minimum education for FHCC licensees. An estimated sixteen percent of current licensees do not have a high school or equivalent education. Licensees having basic literacy skills - such as being able to read a medication label, first aid manual, or sanitizing cleanser warnings - are essential to ensuring the health and safety of children. These literacy skills are generally attained through completing primary and secondary education. Caring for Our Children Standard 1.019 suggests that a family home child care licensee have an associate's degree in early childhood education or child development before obtaining a license. The proposed minimum education rules are lower than the CFOC standard, but are consistent with the state's professional development consortium recommendations.

     Costs of Obtaining an Equivalent Education to a High School Diploma:

     Option A - GED test: Passing the GED test gives the student a certificate that is considered comparable to obtaining a high school diploma. The test has five sections. Taking the test typically costs seventy-five dollars for all five test sections. Completing all five sections takes about six hours, and in many cases takes two days to complete all five sections. Many individuals also take the five tests individually on separate days. All Washington state community colleges and technical colleges, and some four year colleges offer GED testing and preparation classes. At community colleges the cost of GED preparation classes is twenty-five dollars per college quarter. Some colleges offer a free pretest to help assess the student's GED readiness. Adult basic education classes are also available for students who need more remedial education or for those who have limited English proficiency. The number and length of classes an individual may need would vary depend[ing] on his or her individual GED testing readiness. For this analysis, we have assumed that an individual choosing to take the GED tests would take at least one preparatory class. GED study guides are available for less than sixteen dollars new (Amazon.com) or on-line guides are available for approximately thirty dollars.

     Limiting Factors: GED tests must be taken at a college or other testing site and cannot be taken on-line. Most colleges offer GED testing only on weekdays. GED preparation classes are generally available weekdays and evenings, but may not be available on weekends. A current licensee taking the GED tests may incur costs of having replacement staff on duty while the licensee travels to a college or test site. If the tests are taken individually, the licensee may need to hire replacement staff up to five times. Testing is typically done in English - there are a limited number of sites that provide the GED tests in Spanish or French. Licensees with limited English proficiency may need to take adult education or English as a second language courses to attain skills needed to take the GED tests in English. These classes are available at twenty-five dollars per college quarter. The number and length of classes an individual may need would depend on his or her GED-readiness and cannot be estimated in this analysis.

     Option B - Documenting twelve years of primary and secondary education: The cost would depend on how difficult it may be for the applicant or licensee to obtain these records. For some, the cost may be copying local school records and mailing, probably less than ten dollars. This task may be more difficult for those applicants or licensees who attended school in countries where such records may not be readily available or if they attended a school that is now closed. Circumstances may vary greatly, and no cost estimate is available for retrieving such records.

     Option C - Obtaining forty-five college credits:

Table 1. Sample of Five Washington Community College Tuition Rates (In-State Resident Rates):


Seattle Central CC Spokane CC Yakima Valley CC Clark College Whatcom CC
Per credit for 1 to 10 credits/quarter $87 per credit $81 per credit $95 per credit $92.35 per credit $93 per credit
45 credits if taken singly $3,915 $3,645 $4,275 $4,156 $4,185
Per credit fee for 11 to 18 credits/quarter $82 down to

$63 per credit

$76 down to $59 per credit $90 down to

$70 per credit

$88 down to

$67 per credit

$88 down to

$67 per credit


     Costs above do not include books and other required college fees that may vary significantly.

     2. State Training and Registry System (STARS) Twenty Hour Basic Training Required Prior to Obtaining a License.

     Proposed WAC 170-296A-1775 would require a new license applicant to complete the twenty hour basic STARS training before obtaining an initial license. A primary staff person must complete the STARS basic training before working unsupervised with children in care.

     Why the rule is needed. The professional development consortium's first recommendation to the legislature in December 2010 stated:

     "A-1: Increase minimum educational requirements for early learning professionals:

     A-1(a): Licensed family child care providers will have high school completion or equivalent and thirty hours of approved preservice training before becoming licensed."

     Currently the only prelicense training requirement is to complete first aid/CPR and bloodborne pathogens training. The current FHCC rules allow the licensee to complete the STARS twenty hour basic child care training within six months after receiving an initial license. Yet some licensees have received up to the maximum of three initial license extensions without completing the STARS basic training, meaning those licensee[s] may have been providing child care for nearly two years without any additional child care training. The STARS twenty hour basic course includes essential fundamentals of child growth and development, child guidance, health and safety that are a cornerstone of operating a successful licensed child care business.

     CFOC Standard 1.019 recommends that a prospective family home licensee have preservice training in health management and knowledge of child development before obtaining a state child care license. The NRMT also recommended that a new license applicant complete DEL-approved preservice training prior to obtaining an initial license.

     Cost: Depending on the license applicant's location and whether training is taken in a classroom or by distance/on-line learning, the STARS twenty hour basic training may be free or cost up to $190. The following examples of the twenty hour basic training costs are from DEL's MERIT "Find Training" web site at https://apps.del.wa.gov/merit/Public/TrainingSearch.aspx.


• Seattle Child Care Resources: On-line - $150
• Bloom Training & Consulting: Classroom or correspondence course - $150
• Patricia Fowler - Clarkston: Classroom - $100
• Big Bend Community College - Royal City: Classroom - free
• Tacoma/Pierce County CCR&R: Classroom - $75
• Ashley Lind - Olympia: Classroom - $150
• Bellingham Technical College: Classroom - $189.63
• Mickie Guberlet: Self-paced correspondence course - $85
• Bellevue Community College: On-line - $178
• Educational Training Partners: On-line - $75
• Lisa Sandige: On-line - $95

     Limiting Factors: The current rules allow a licensed FHCC provider to start earning income before they must complete the twenty hour basic training. Under the proposed rule, a prospective licensee would need to pay for and complete the training before earning child care income. To a certain extent this requirement would pose a barrier to becoming a licensed FHCC. However, for most other occupations (including DEL-licensed child care centers), the owner or licensee must obtain required training hours, experience and/or certifications at their own expense prior to applying for and obtaining a license.

     A limited number of scholarships of up to one hundred fifty dollars are available through the Washington Association for the Education of Young Children (WAEYC) to help pay for the twenty hour basic STARS training. WAEYC provides a reimbursement of the STARS tuition - the prospective FHCC licensee would need to pay for the twenty hour class upfront and provide proof of payment and of completing the training.

     3. Noncriminal Background Checks for Persons Thirteen to Sixteen Years Old. The current and proposed rules require a criminal history background check for the licensee, staff and each individual residing in the licensee's home age sixteen and older. Proposed WAC 170-296A-1225 would require a new noncriminal background check for individuals age thirteen through sixteen who reside in the licensee's home, and for child care assistants and volunteers age fourteen to sixteen.

     Why the rule is needed. DEL is limited to conducting criminal background checks to individuals age sixteen or older (see RCW 43.43.832(6)). Yet some individuals younger than sixteen may have a history of incidents, charges or behaviors that raise questions about the individual's suitability to have access to children in child care. The proposed rule would allow DEL to review noncriminal indexes or databases for any household members age thirteen to sixteen, or assistants/volunteers age fourteen to sixteen. DEL could review criminal convictions only if the juvenile had a conviction as an adult for a disqualifying crime listed in WAC 170-06-0120 (DEL background check rules).

     Cost. There would be no direct cost to the licensee for a basic noncriminal background check - DEL currently provides in-state background checks at no charge.7 The license applicant or licensee would need to spend an estimated one hour or less to complete a noncriminal background check form for each covered individual. However, if DEL found that a household member age thirteen to sixteen could not be cleared to have access to children in child care, it could affect the application for a new license or result in DEL placing conditions on an existing licensee. The licensee could not hire or retain a volunteer or assistant age fourteen to sixteen if the individual could not be cleared by the noncriminal background check.

     4. Private Septic System Inspection.

     This requirement was recommended by the NRMT. Proposed WAC 170-296A-1375 requires that if the licensee has an on-site septic system and the local public health jurisdiction does not require periodic septic system inspection, the licensee must have the system inspected before applying for a license and every three years after licensure. This proposed rule would:


• Apply only to an FHCC with a single-family home septic system.
• Apply in counties where the local health jurisdiction does not require periodic septic system inspection. Currently, this includes all counties in eastern Washington, and some counties in the southwest part of the state. All counties surrounding Puget Sound and Hood Canal plus Clark, Grays Harbor and Lewis counties require periodic inspection and pumping of home septic systems at the homeowner's expense.
• Not apply to family child care homes connected to a municipal sewer system or community septic system. These homes would pay the costs of system inspection and maintenance in their sewer bills.

     Why the rule is needed. Septic systems are a source of coliform bacteria, nitrates and other sewage contaminants. A failing or malfunctioning septic system may threaten groundwater quality, children may be exposed to harmful above-ground discharges, or a failing system may cause toilets or sinks to back up into the home. Septic drain fields are typically covered by grass fields or lawns that may double as outdoor play areas.

     Cost: In counties where the rule applies, the license applicant or licensee must have a qualified septic system inspector inspect the system, and complete system maintenance or pumping as the inspection requires. Usually the local health jurisdiction certifies professional septic inspectors. Some counties will certify the homeowner to self-inspect after he or she completes a septic system inspection class. A professional septic system inspection typically costs $250 to $500; the higher cost applying if the septic tank needs to be pumped for the inspection. An FHCC licensee who inspects his or her own system would still need to pay for septic tank pumping every two to five years depending on the tank size and the home's septic usage.

     5. Well Water Testing.

     This requirement was recommended by the NRMT. Proposed WAC 170-296A-1400 would require an FHCC license applicant or licensee to have their water tested for coliform bacteria and nitrates only if:


• The licensed home is served by a private well and water system located on the licensee's premises, and
• The local public health jurisdiction does not require periodic water testing. Currently, this proposed rule would apply in all counties except Island, San Juan and Whatcom. These three counties require periodic wellwater testing at the homeowner's expense.

     A license applicant or licensee would need to have their water tested within three months before submitting an initial license application, and every three years afterward. The test must indicate that the water is "safe" by state department of health (DOH) standards (no presence of coliform bacteria; ten milligrams of nitrate or less per liter of water).8

     Why the rule is needed. The presence of coliform bacteria or unsafe levels of nitrates in drinking water is a sign of likely fecal contamination of the well or water system. Unsafe levels of nitrates reduce the blood's ability to carry oxygen through the body, especially in children. Not all coliform bacteria are dangerous, but the presence of coliform bacteria is an indicator of unsafe water conditions. The proposed rules require the licensee to serve safe water to children in care. DOH and local public health jurisdictions regulate the installation of new drinking water wells. DOH does not require periodic water testing for single-family well water systems but recommends annual testing. Public and group water systems are tested often, with testing costs normally included as part of the homeowner's water bill.

     Costs. Separate tests for coliform bacteria or nitrates cost between twenty and thirty dollars each. Combined tests may be done at a cost of twenty-five to forty-five dollars. The homeowner typically takes a water sample from a faucet in the home, using a bottle and instructions supplied by the local public health department or a private testing lab. The homeowner then mails the water sample or may deliver it to the local health department. Some local health departments conduct the water tests in-house; in other counties the licensee would need to send the water sample to a private testing lab. If coliform bacteria or unsafe levels of nitrates are found, the proposed rules list several actions a licensee must take to protect the health of children in care.

     6. Lifeguard or Staff With Lifeguard Training Required When Swimming Pools Are in Use. This requirement was recommended by the NRMT. Proposed WAC 170-296A-5200 would require that when a swimming pool on the licensed premises is in use by children in care, the licensee must have one person at the pool with lifeguard training.

     Why the rule is needed. Drowning is the leading cause of injury [or] death for children age one to four, and the third leading cause of injury [or] death for children age five to nine.9 The United States Centers for Disease Control and Prevention also notes that for every child who drowns, another four children are treated in emergency rooms for nonfatal near-drowning injuries. Near-drowning incidents can result in long-term brain injury including learning disabilities, memory problems, or permanent functional losses.10 In a 2007 DOH report on drowning deaths in Washington state, about twenty-five percent of total drowning deaths in Washington state occurred in a bathtub, hot tub, swimming pool or wading pool; half of drowning deaths of children one to four years old occurred in these types of tubs or pools. Most of the 2007 swimming pool deaths in the state were children one to four years old. DOH cited inadequate supervision as a leading factor in sixty-eight percent of the drowning deaths of children under age five.11

     Cost. To meet the requirement in the proposed rule, the licensee may hire a trained lifeguard for an estimated fifteen to twenty dollars per hour through the local American Red Cross chapter or through some city or county parks and recreation departments. The licensee, staff person or household member could obtain lifeguard training classes and certification from most Red Cross chapters for about one hundred fifty dollars. An alternative to the cost of having or hiring a lifeguard is not allowing children in care to have access to the swimming pool.

     No estimates are available of the number of current FHCC licensees who have a swimming pool and who use it with children in care. Regardless of whether children in care use the swimming pool, the current and proposed rules require that if the licensee has a swimming pool, it must be surrounded with a minimum five-foot-high fence with locked gates.

     7. Door Alarms.

     This requirement was recommended by the NRMT. Proposed WAC 170-296A-4400 and 170-296A-5175 would require the licensee to install a device on exterior doors that are not locked during operating hours, and any door that opens to a wading or swimming pool area to alert staff when the door is opened.

     Why the rule is needed. See the notes in section 6 above on child drowning. Children are known to have left licensed FHCC homes and premises when not adequately supervised. This had led to at least one child drowning death in Washington state and other cases where children were found wandering unattended off the FHCC premises. Installing a device to alert the licensee or staff when a door is opened is expected to reduce the risk of children in care leaving an FHCC unnoticed.

     Cost. Various types of effective door alarms are available, from simple bells/chimes, to battery-powered units that sound when the electric contact is interrupted by opening the door costing $4.15 to $6.50 each (Improvements on-line catalog, Lowes [Lowe's], Ace Hardware), to commercial grade infrared motion detector systems costing sixty-nine to one hundred forty-five dollars per door (EZtone Chime on-line). A bell/chime and bracket is estimated to cost the same or less than a battery-powered alarm. For the purposes of this analysis, it is assumed that the typical licensee would need to place an "alarm" device on three doors that open to the exterior of the FHCC.

     8. Tamper-Resistant Outlet Covers and Outlets.

     Proposed WAC 170-296A-4350 requires: Tamper resistant outlet covers or outlets be used in the licensed space; tamper resistant ground fault circuit interrupter (GFCI) outlet covers or outlets be used near sinks or tubs; or that the outlet be made inaccessible to children.

     Why the rule is needed. Electrical outlets are a significant source of injury to young children, capable of causing electrical shock, burns, and more serious injury or death. The United States Consumer Product Safety Commission estimates that one-third of emergency room visits for electrical shock injuries are for young children who have inserted metal objects into electrical outlets.12

     Cost: Costs vary significantly for standard indoor tamper resistant outlet covers:

     A. Tamper-resistant outlet covers. These covers may be used by removing the existing outlet cover and mounting the tamper-resistant cover in its place, usually with a single screw. (These covers may be installed by the homeowner without special electrical knowledge, although power to the outlet should be turned off for safety.) An electrical plug is inserted part way into the outlet, then the plug must be moved (slid) sideways for the plug to be fully inserted. When not in use, the cover prevents objects from being inserted into an active outlet. Styles vary, from utility covers costing $0.97 each (Lowes [Lowe's]), to decorative outlet covers costing $4.95 each (Amazon.com). For this analysis, ten tamper-resistant outlet covers could be installed by the licensee for between $9.70 to $49.50 plus tax.

     B. Tamper-resistant outlets. This type of wired-in outlet is required in new home construction and home renovations. The outlet has an internal spring device that prevents objects from being inserted other than an electrical plug. Prices range from $0.97 each (Sears) for standard outlets, up to four dollars each (Amazon.com) for decorative types. Tamper-resistant GFCI outlets, used near sinks, tubs and in kitchens, range from $11.72 to $29.99 each (both Sears). Installation by a qualified electrician is recommended. Electrician rates may run thirty dollars per hour to nearly seventy-five dollars per hour and may not include travel. For this analysis, a rate of sixty dollars an hour and two hours to replace ten regular outlets and four GFCI outlets with tamper-resistant outlets is assumed. Total estimated cost, including outlets: $177 to $280.

     9. On-Going Training (Continuing Education).

     Proposed WAC 170-296A-1800 requires the licensee and primary staff persons to complete thirty hours of on-going training every three years. Ten hours of annual on-going training was required prior to 2004, but was inadvertently left out of the 2004 (current) FHCC rules. The NRMT recommended reinstating the on-going training requirement, but allowing the licensee to complete the thirty hours anytime over the three-year span of the license.

     Why the rule is needed. On-going training is important to help child care professionals maintain and develop their child development knowledge and skills, and is recommended by Caring for Our Children, the National Family Home Child Care Association, child care specialists and other national child development and early learning organizations.

     Cost. There is a wide variety of on-going training available to child care professionals in classroom[s], on-line or hybrid settings. Training costs range from zero up to fifty-five dollars for ten hours of training. See the DEL's MERIT "Find Training" web site at https://apps.del.wa.gov/merit/ for available courses and costs. Limited scholarships may be available from WAEYC or other resources, usually on a reimbursement basis after the individual completes a training.

     10. Annual Chimney Inspection.

     Proposed WAC 170-296A-2650 requires a licensee who has a woodstove, fireplace or similar device to have the device inspected by a qualified chimney, fireplace or woodstove specialist annually.

     Why the rule is needed. Fire in homes is a leading cause of child death in Washington state. Many fires start when a fireplace or woodstove has not been properly maintained and excessive creosote in the chimney or flue ignites. Chimneys and flues should also be checked for cracks or leaks where smoke or carbon monoxide may enter the home, which the homeowner may not have the training to detect. The state fire marshal recommends annual inspection by a qualified chimney specialist.13

     Cost. A chimney inspection typically costs between $50 and $100, with additional charges possible if cleaning or maintenance is required. The licensee or homeowner may buy or rent tools to clean the chimney or flue themselves.

     11. Ground Cover Under Swings.

     The current rules require ground cover under outdoor climbing/play equipment to help reduce injury from children falling. Proposed WAC 170-296A-5075 would also require groundcover under and around swing sets. The required groundcover area would be six feet beyond the farthest arc of the swing seat in both directions. For example, for a swing seat that swings six feet out to its farthest point, ground cover would need to be placed twelve feet out both directions that the swing extends. (The Consumer Protection Safety Commission (CPSC) recommends that groundcover in front and back of swings be twice the height of the swing's top bar,14 this would generally be a larger area than the proposed rule requires.) Typical types of ground cover include pea gravel, engineered playground wood chips or ground/shredded rubber mulch. Under the proposed rule, grass would not be an acceptable surface under swings.

     Why the rule is needed. Injuries related to outdoor play equipment are a significant safety concern. The CSPC estimates that there are more than 200,000 playground injuries each year associated with playground equipment. A 2001 CSPC study15 of playground-related emergency room visits over a twelve-month period of children under age two only found that:


• There were 8,250 reported playground related emergency room visits.
• Thirty percent of the injuries involved fractures, sprains or strains.
• Fifty-three percent involved head injuries, and nineteen percent of head injuries involved fractures, concussions or internal injuries.
• Thirty-three percent of the injuries involved home-use equipment (twenty-six percent were unspecified as home or public equipment).
• The most common injuries were falls (fifty percent), and colliding with or being struck by playground equipment second most common (twenty-two percent).
• Swings and swing set injuries were one-third (820 out of 2,730 injuries) of all home playground equipment injuries, second only to slides (1,050 injuries).

     The CPSC report noted that, "Overall more injuries occurred where a grass surface was present (under or around play equipment) than any other type of surfacing... Grass was the most common surfacing associated with the home use equipment-related injuries (forty-five percent)."

     In a similar 2000 CPSC study of playground injuries to children birth to age fifteen, sixty-seven percent of home playground equipment injuries involved swings.16 The report said of one hundred twenty-eight playground deaths reported in the study year, seventy percent (ninety child deaths) occurred in a home setting.

     In both CPSC studies, three percent of the playground equipment-related injuries occurred in home child care settings.

     A 2001-2008 CPSC study found that swing injuries to children were the highest (twenty-two percent) number of reported emergency room treated injuries involving playground equipment, out of 2,691 injuries studied.17 The same study found forty-four percent of playground equipment injuries occurred in home settings ("day care" in this study referred to child care centers; no data was apparent that referred specifically to home child care settings).

     The NRMT recommended that grass be allowed under swings as ground cover, citing a recommendation from an outdoor play advisor who addressed the group. However, in several CPSC publications and the Outdoor Home Playground Safety Handbook, the CSPC states that grass is not an adequate protective surface under playground equipment. ("Overall more injuries occurred where a grass surface was present than any other type of surfacing... Grass was the most common surfacing associated with the home use equipment-related injuries (45 percent)."18) The grass area under the swing may easily become dry or compacted, providing little or no impact fall-absorbing protection. An installed ground cover of adequate depth provides greater fall protection for children in child care settings.

     Other alternatives. An FHCC licensee is not required to have a swing set. A licensee with a swing [set] may also choose to make it unusable or inaccessible during child care hours. In these cases there would be no cost of complying with this proposed rule.

     Cost and availability. All costs below assume that the FHCC licensee has a swing set and chooses to use it with children in care. Costs assume:


• An eight foot long and seven foot high swing, with a swing seat arch of six feet front and back (twelve feet total). Ground cover extends six feet from furthest arc front and back, the required coverage area for this swing would be one hundred ninety-two square feet (8 x 24). Actual swing sets may be smaller or larger.
• Except for rubber mulch purchased by the bag, ground cover material prices are as delivered, but not installed, which may be done by the licensee. Some pea gravel or wood chip suppliers may charge for hauling materials outside the supplier's local area.
• Costs do not include digging out existing soil in the swing area, which could vary widely depending on the soil conditions and source of labor (free labor to hiring a contractor and/or renting excavating equipment).
• Taxes are not included.
• DEL checked prices from at least two suppliers for each type of ground cover product in each of the department's three service areas. Local prices may vary.

     A. Pea gravel (3/8 inch) is available from many soil, construction or landscape material providers at $15.75 to $33.95 per cubic yard delivered, with a five-yard minimum order in most areas. It would take up to six cubic yards to fill one hundred ninety-six square feet to a depth of nine inches, at an estimated cost of $95 to $204.

     B. Engineered playground wood chips are available from selected local landscape material suppliers or outdoor playground equipment retailers, at a cost of $31 to $55 per cubic yard delivered, typically with a five-yard minimum order (one supplier priced chips at $16.25, but with a twenty-yard minimum order). It would take up to six cubic yards to fill one hundred ninety-six square feet to a depth of nine inches, at an estimated cost of $186 to $330.

     C. Ground/shredded rubber mulch is available on-line or at selected retail outlets. Prices range from $35 for a thirty-pound bag (66.7 bags/ton), to $850 per ton delivered (Costco.com). It would take nearly one ton of rubber mulch to create a one hundred ninety-two square foot area six inches deep, costing an estimated $850 if purchased in bulk or up to $2,300 in thirty pound bags.

     11 [12]. Food Hander [Handler] Permit.

     Proposed WAC 170-296A-7675 would require an FHCC license applicant to obtain a ten dollar state food handler permit (food worker card) before being licensed. Current licensees would need to obtain a permit within one year after the final rules are effective. If the licensee is not present, one other staff person with a food handler permit must be present if food is being prepared or served to children in care.

     Why a rule is needed. The NRMT recommended that FHCC licensees and staff must follow the state food worker's manual (DOH Food and Beverage Workers Manual) when preparing and serving food. However, drafting such a rule would be subject to interpretation, and DEL licensors may need to observe the licensee in a variety of food preparation and serving examples to assure that the licensee is following all of the manual's requirements.

     Instead, requiring the licensee obtain a state food handler permit assures that the licensee is adequately familiar with food handling principles and methods to pass the state test required to obtain the permit. Permit applicants must attend a sixty to ninety minute class offered by the local public health department, with the test typically taken as part of the class.

     Cost. A state food handler permit/card costs ten dollars. The first permit/card is good for two years, and the next renewals are due every three years. By the third year, the annualized permit/card cost is $3.33 per year.

     Limiting Factors: Few. Many public health departments offer food handler permit classes in multiple locations and times, and some offer the classes in the evenings. Study guides and the state food and beverage worker's manual are available free. Classes are offered in several languages in most counties.

Efforts to Mitigate (Reduce) Costs of the Proposed Rules


     RCW 19.85.030 requires DEL, where legal and feasible to meet the stated objectives of the statute upon which the rule is based, to reduce or mitigate the impact of costs imposed by the proposed rules on small businesses. The new or increased costs described in this SBEIS are directly or indirectly related to protecting the health and safety of children in licensed family home child care. RCW 43.215.005(4) states the legislature's objectives in establishing DEL, including: "(c)To safeguard and promote the health, safety and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide care."

     DEL is proposing the following to offset costs of complying with the proposed rules:

     A. WAC 170-296A-1725 Minimum education, DEL plans to develop resources to help current licensees who do not have a high school education meet the requirements of this rule by 2016.

     B. WAC 170-296A-1550, reducing paperwork involved in the license renewal process. Under current rules, the licensee submits nearly identical material for a license renewal as for an initial license. The proposed WAC 170-296A-1550 focuses on items or circumstances that have changed since the previous license review. This change is expected to reduce the amount of duplicated paperwork and allow the licensee and licensor to focus on changes in the child care program, or technical assistance the licensee may wish to have from DEL.

     C. WAC 170-296A-5700, clarifying the maximum capacity allowed in a licensed family child care home. The current rule is confusing for licensees and DEL licensors, and may hamper the licensee from achieving the highest capacity (the maximum number of children allowed for the licensee's staffing, experience or space) she or he may be eligible to receive, which affects the licensee's earning capacity.

     D. Forms and policies, DEL plans to update or create several templates of forms and policies required in the proposed rules, so that licensees will not need to create their own documents.

     E. Generally, the proposed rules are less proscriptive than the current rules, allowing the licensee more options for achieving the rule requirement.

     F. Streamlining the fingerprint process, in February 2011, DEL began implementing electronic fingerprinting for individuals in child care who are required to be fingerprinted by law as part of their background check. Manual ink-and-roll fingerprint errors (caused by unclear fingerprints that cannot be read by the FBI) have sometimes delayed background checks for months, creating frustration both for child care providers and DEL. The new electronic fingerprint system has a very low error rate, and costs of fingerprinting have been reduced.

     DEL is also researching the following processes that are expected to reduce costs for child care licensees:

     G. DEL is considering "nonexpiring licensing," a more streamlined method for the licensee to maintain an ongoing license. This process could involve even less paperwork for the licensee than required under proposed WAC 170-296A-1550. Portions of a continuing licensing process may be done by rule, but other aspects may require statutory changes. As of this date this SBEIS was drafted, a bill was in process in the 2011 legislature to create a nonexpiring child care license process.

     H. DEL is also considering "portable certification" for child care staff. Current law and rules tie the background check for child care staff to the facility that the staff person is working in. Each time a staff person changes child care employers, the new employer must complete new background check paperwork for the individual and a new background check is done. Portable certification could allow the background check (and training history) to travel with the staff person. DEL is researching the technology and other resources needed to make portable certification available, but current resources limit DEL's ability to implement such a system. As of the date this SBEIS was being prepared, a bill to create a portable certification process was being considered by the 2011 legislature.

Impact of the Proposed Rules on Job Creation or Loss -- RCW 19.85.040


     New costs of complying with the proposed rules are summarized to provide a basis for determining whether compliance will have an impact on small business job creation or loss.

     One-Time Costs: New one-time costs imposed by the proposed rules on small businesses are estimated to range from $150 to as much as $7,440. Actual costs to a new or current licensee will depend on individual factors (e.g., whether a new or current licensee does or does not have a high school diploma), and individual choices (e.g., whether a new or current licensee plans to take the GED test or seek college credits to meet the minimum education requirement; whether to allow children in care to use a swing in the licensed outdoor space; etc.).

Table 2. New One-Time Costs Imposed by the Proposed Rules (Cost[s] are NOT Cumulative):


Estimated low-end cost Estimated high-end cost Notes
Minimum education - new or current licensee with a HS diploma, GED or twelve years education. $0 $20 High end represents cost to obtain proof of diploma, GED or education years within the United States.
Minimum education - new licensees who do not have a HS diploma. $100 $4,275 Low end is the cost of completing the five GED tests and one prep class; high end is cost of completing forty-five college credits.
Minimum education -existing licensees who do not have a HS diploma. Applies in 2016. $100 $4,275 Low end is the cost of completing the GED tests and one prep class; high end is the cost of completing forty-five college credits individually.
Twenty hour STARS basic training prelicense. $90 $190 Required for new licensees only. Some scholarships are available.
Door "alarm" device (assumes installation on up to three doors). $12.50 (bell, chime or battery-powered alarm) $435 (infrared door alarm)
Tamper-resistant outlet covers - standard, owner installed. $10 $50 Based on replacing ten covers.
Tamper-resistant outlet covers - GFCI type, owner installed. $47 $120 Based on replacing four covers.
Tamper-resistant outlets - standard and GFCI, professionally installed. $188 $280 Based on replacing ten standard and four GFCI outlets, including electrician labor.
Ground cover under swings. $0 (no swing or licensee chooses not to allow use of the swing) $2,300 (shredded rubber mulch, six inches deep) Materials only based on swing eight feet long with six foot swing arc front/back.

     On-Going Costs: The new on-going costs imposed by the proposed rule on small businesses, converted to annualized costs, are estimated to range from $10 to $544. On-going training and food handler permits are the only new on-going costs that every new or current FHCC licensee would incur. Other costs noted will be incurred only if specific conditions exist on the FHCC licensee's premises. Costs of on-going training will vary by the licensee's choice and/or availability and cost of training selected.

Table 3. New On-Going Costs Imposed by the Proposed Rules (Costs are NOT Cumulative):


Initial cost of compliance (prelicense) High-end or annualized cost of continued compliance Notes
Septic system inspection and maintenance.19 $250 to $500 (prelicense) $171 Annualized cost assumes inspection and pumping every three years.
Well water testing (coliform bacteria and nitrates).20 $30 to $45 (prelicense) $15 Annualized cost assumes testing every three years.
Lifeguard on duty when a swimming pool is in use. $0 (if no pool on the premises or pool not used) $200 to $400 Annualized cost assumes ten to twenty hours of swim time with a hired lifeguard.
Chimney inspection.21 $50 to $100 $50 to $100 Required annually.
On-going training (thirty hours every three years after licensure). $0 $0 to 55 Annual costs will vary by type of training and cost - some training is available free.
Food handler permit/card - new licensees prelicense; current licensees by 2012.22 $10 $3.33 After the first renewal at two years, the $10 permit is renewed every three years.

     Job Loss: Based on how the licensee chooses to meet the requirements of the proposed rules that impose costs, and whether certain conditions exist on the FHCC premises (e.g. private septic system in a county that does not require periodic septic inspection), these costs may impact the licensee's decision to employee [employ] paid staff, or the number of hours that the licensee uses paid staff in a given year. At an hourly rate of $8.40 to $8.50 per hour, the low end of one-time and on-going compliance costs may result in the licensee foregoing paying about sixty to sixty-five hours of staff time per year. At the very high end, compliance costs may result in the licensee foregoing paying an estimated nine hundred ninety hours of staff time in the first year (approximate one half-time staff person), and an estimated sixty-five hours per year each year thereafter (about 8.125 full work days). For the very high end, all the rules that create new one-time and on-going costs would need to apply to the licensee, and the licensee would need to choose all of the highest cost means of complying with the rules. Licensees may choose less costly options to comply with the rules, which would have lower impact on their ability to hire staff.

     Job Creation: The rules are not expected to result in significant job creation. Additional part-time staff may be needed to meet staff-to-child ratio requirements on an occasional basis during outings or water-related activities, but these staffing requirements may also be met by using unpaid volunteers.


1 An SBEIS is prepared under chapter 19.85 RCW when a proposed Washington state agency rule may impose "more than minor" costs on businesses that must comply with the rule. A small business is one that is independently owned and employs fifty or fewer employees. "More than minor" is defined as cost of compliance with new or revised requirements greater than either 3/10 of one percent of annual business revenue, or 1/10 of one percent of annual payroll. Using the revenue calculation, 3/10 of one percent of the average annual FHCC licensee income ($39,910) equals $119.73.

2 Under RCW 19.85.020, a "small business" is independently owned and employs fifty or fewer employees (including businesses with no employees).

3 Washington State 2008 Child Care Study. Prepared for DEL by Walter R. McDonald & Associates, Inc. (hereafter "2008 Market Rate Study").

4 Under RCW 43.215.350 DEL is required to engage in NRM [NRMT] for revisions to the family home child care rules.

5 December 2010. Early Learning Professional Development System Report and Recommendations. Submitted to the Washington state legislature by the professional development consortium.

6 2008 Market rate survey.

7 At the time this SBEIS was prepared, the 2011 legislature was considering bills to charge fees for background checks.

8 June 2010, Questions and Answers - Nitrate in Drinking Water. DOH.

9 2007, 10 Leading Causes of Injury Deaths by Age Group. United States CPSC.

10 Not dated. Unintentional Drowning: Fact Sheet. United States CPSC.

11 February 2007. Childhood Drowning Deaths in Washington State. DOH.

12 Not dated. Electrical Receptacle Outlets - CSPC Document #524. United States CPSC.

13 August 2006. Home Heating: Prevent Fires Due to Home Heating. Washington state fire marshal publication.

14 2005. Outdoor Home Playground Safety Handbook. United States CPSC.

15 2002, Special Study: Injuries and Deaths Involving Children Under Age Two Associated with Playground Equipment. United States CPSC Directorate of Epidemiology.

16 2001, Special Study: Injuries and Deaths Associated with Children's Playground Equipment. United States CSPC. Directorate of Epidemiology.

17 2009. Injuries and Investigated Deaths Associated with Playground Equipment, 2001-2008. United States CPSC.

18 2002, Special Study: Injuries and Deaths Involving Children Under Age Two Associated with Playground Equipment. United States CPSC Directorate of Epidemiology.

19 Applies only if the licensee has private septic system and the local public health department does not require periodic inspection.

20 Applies only if the licensee has a private single-family well and the local public health department does not require periodic water testing.

21 Chimney inspection applies only if the licensee has a fireplace or wood-burning heating device, and the licensee plans to use the fireplace or device.

22 The licensee is required to have a food handler permit/card. However, if the licensee is not present, one staff person present must have a food handler permit whenever food is being prepared or served to children in care.

     A copy of the statement may be obtained by contacting DEL Rules Coordinator, DEL, P.O. Box 40972, Olympia, WA 98504-0972, phone (360) 725-4397, fax (360) 725-4939, e-mail Rules@del.wa.gov.

     The department invites public input on the preliminary small business economic impact statement (SBEIS) is [as] provided above. DEL will respond to comments on the SBEIS in the concise explanatory statement required under RCW 34.05.325. A final SBEIS, with revisions as appropriate, will be available to the public when the permanent rules are filed.

     A cost-benefit analysis is not required under RCW 34.05.328. DEL is not listed among the state agencies required to comply with RCW 34.05.328.

April 20, 2011

Elizabeth M. Hyde

Director

OTS-3651.5

Chapter 170-296A WAC

LICENSED FAMILY HOME CHILD CARE STANDARDS


NEW SECTION
WAC 170-296A-0001   Authority.   The department of early learning was established under chapter 265, Laws of 2006. Chapter 43.215 RCW establishes the department's responsibility and authority to set and enforce licensing requirements and standards for licensed child care agencies in Washington state, including the authority to adopt rules to implement chapter 43.215 RCW.

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NEW SECTION
WAC 170-296A-0005   Intent.   This chapter reflects the department's commitment to quality early learning experiences for children, and promotes the health, safety, and positive development of children receiving care in a licensed family home setting.

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NEW SECTION
WAC 170-296A-0010   Definitions.   The following definitions apply throughout this chapter unless the context clearly indicates otherwise:

     "Accessible to children" means areas of the facility and materials that the children can easily get to on their own.

     "Agency" as used in this chapter, has the same meaning as in RCW 43.215.010 (1) and (1)(c).

     "Available" means accessible and ready for use or service.

     "Capacity" means the maximum number of children the licensee is authorized by the department to have in care at any given time.

     "Child abuse or neglect" has the same meaning as "abuse or neglect" under RCW 26.44.020 and chapter 388-15 WAC.

     "Child care" means providing temporary custody, supervision, feeding, guidance, early learning program and activities of children, including transporting children in care.

     "Clean" means to remove dirt and debris (such as soil, food, blood, urine, or feces) by scrubbing and washing with a soap or detergent solution and rinsing with water.

     "Confidential" means the protection of personal information, such as the child's records, from persons who are not authorized to see or hear it.

     "Department" or "DEL" means the Washington state department of early learning.

     "Developmentally appropriate" means curriculum, materials or activities provided at a level that is consistent with the abilities or learning skills of the child.

     "Discipline" means a method used to redirect a child in order to achieve a desired behavior.

     "DOH" means the Washington state department of health.

     "DSHS" means the Washington state department of social and health services.

     "Enforcement action" means a department issued:

     (a) Denial, suspension, revocation or modification of a license;

     (b) Probationary license;

     (c) Civil monetary penalty (fine); or

     (d) Disqualification from having unsupervised access to children in care.

     "Family home child care" means an individual licensed by the department to provide direct care, supervision, and early learning opportunities for twelve or fewer children in the home where the licensee resides as provided in RCW 43.215.010 (1)(c).

     "Fine" has the same meaning as "civil monetary penalty," "civil fines," or "monetary penalty" under chapter 43.215 RCW.

     "Inaccessible to children" means an effective method or barrier that reasonably prevents a child's ability to reach, enter, or use items or areas.

     "Infant" means a child age birth through eleven months of age.

     "Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.

     "Licensee" for the purposes of this chapter, means the individual listed on a family home child care license issued by the department of early learning authorizing that individual to provide child care under the requirements of this chapter and chapter 43.215 RCW.

     "Licensor" means an individual employed by the department and designated by the director to inspect and monitor an agency as defined in RCW 43.215.010(1) or child care facility for compliance with the requirements of this chapter and chapter 43.215 RCW.

     "MERIT" means the managed education registry information tool.

     "Modification of a license" means department action to change the conditions identified on a current license.

     "Nonprescription medication" means any of the following:

     (a) Nonaspirin and aspirin fever reducers or pain relievers;

     (b) Nonnarcotic cough suppressants;

     (c) Ointments or lotions specially intended to relieve itching;

     (d) Diaper ointments and talc free powders specially used in the diaper area of children;

     (e) Sun screen;

     (f) Hand sanitizer gels; or

     (g) Hand wipes with alcohol.

     "One year of experience" means at least twelve months of early learning experience as demonstrated by a resume and references:

     (a) In a supervisory role in a child care setting where the individual was responsible for supervising staff and complying with licensing standards; or

     (b) As a Washington state:

     (i) Child care center or school age center director, program supervisor, or lead teacher as defined in chapters 170-151 and 170-295 WAC; or

     (ii) Family home child care licensee or qualified primary staff person.

     "Physical restraint" means the practice of rendering a child helpless or keeping a child in captivity.

     "Poison" for the purposes of this chapter includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items, that even in small quantities are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.

     "Premises" means the licensed or unlicensed space including, but not limited to, buildings, land and residences at the licensed address.

     "Preschool age child" means a child age thirty months through five years of age who is not attending kindergarten or elementary school.

     "Primary staff person" means a staff person other than the licensee who has been authorized by the department to care for and have unsupervised access to children in care.

     "RCW" means Revised Code of Washington.

     "Sanitize" means to reduce the number of microorganisms on a surface by the process of using:

     (a) A bleach and water solution;

     (b) Other sanitizer product if used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry; or

     (c) For laundry and dishwasher use only, a bleach and water solution or temperature control.

     "School age child" means a child not less than five years of age through twelve years of age who is attending kindergarten or school.

     "Screen time" means watching, using or playing television, computers, video games, video or DVD players, mobile communication devices, and similar devices.

     "Sleeping equipment" means (reserved).

     "Staff" unless referring specifically to a "primary staff person," means any primary staff person, assistant, or volunteer helping to provide child care, or a household member acting in the capacity of a primary staff person, assistant or volunteer, whether compensated or not compensated.

     "STARS" means the state training and registry system.

     "Toddler" means a child age twelve months through twenty-nine months of age.

     "Unlicensed space" means the indoor and outdoor areas of the premises, not approved as licensed space by DEL, that the licensee must make inaccessible to the children during child care hours.

     "Unsupervised access" has the same meaning as "unsupervised access" in WAC 170-06-0020.

     "WAC" means the Washington Administrative Code.

     "Weapons" means an instrument or device of any kind that is designed to be used to inflict harm including, but not limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows and arrows, BB guns, pellet guns, air rifles, electronic or other stun guns, or fighting implements.

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LICENSING PROCESS
NEW SECTION
WAC 170-296A-1000   License required.   (1) An individual who provides care for children in his or her home must be licensed by the department unless exempt under RCW 43.215.010(2).

     (2) The individual claiming an exemption must provide to the department proof that they qualify for an exemption using a department approved form.

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NEW SECTION
WAC 170-296A-1025   Who must be licensed.   An individual must be licensed to care for children if any of the following apply:

     (1) Care is provided in the individual's home for one or more children not related to the licensee, outside the child's home on a regular and ongoing basis, not to exceed twelve children as provided by statute; or

     (2) Care is provided in the individual's home for preschool age children for more than four hours a day.

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NEW SECTION
WAC 170-296A-1050   The licensee.   (1) The licensee is the individual or individuals:

     (a) Who resides in the home licensed for family home child care under this chapter;

     (b) Whose name appears on the license issued by the department;

     (c) Licensed by the department to provide child care and early learning services for not more than twelve children in the licensee's home in the family living quarters. As used in this section, "family living quarters" may include:

     (i) The licensee's or license applicant's residence; and      (ii) Other spaces and buildings on the premises that meet the facility requirements of this chapter and are approved by the department for child care;

     (d) Responsible for the overall management of the licensed family child care home;

     (e) Responsible for complying with the standards in this chapter, chapter 43.215 RCW, chapter 170-06 WAC DEL background check rules, and other applicable laws or rules; and

     (f) Responsible for training staff on the licensing standards in this chapter.

     (2) The licensee must comply with all requirements in this chapter, unless another code or ordinance is more restrictive. Local officials are responsible for enforcing city or county ordinances and codes, such as zoning, building or environmental health regulations.

     (3) The licensee may hold only one current family home child care license.

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NEW SECTION
WAC 170-296A-1075   Child care subsidy.   A licensee who receives child care subsidy payments must follow the requirements of the applicable subsidy program. A licensee who receives subsidy payments under the working connections child care or seasonal child care programs must follow the requirements of chapter 170-290 WAC.

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NEW SECTION
WAC 170-296A-1100   Tribal or military regulated or operated child care -- Certification for payment.   (1) A family home child care that is regulated by an Indian tribe or the federal Department of Defense is exempt from licensing.

     (2) A tribe or a child care regulated by the federal Department of Defense may request certification:

     (a) For subsidy payment only; or

     (b) As meeting licensing standards of this chapter.

     (3) A child care seeking certification under this section must be located on the premises over which the tribe or federal Department of Defense has jurisdiction.

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NEW SECTION
WAC 170-296A-1125   Orientation required.   An individual applying for an initial license must complete an orientation provided by the department within twelve months prior to submitting a license application.

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NEW SECTION
WAC 170-296A-1150   Preservice training.   (Reserved.) The department intends to develop rules on required preservice training standards at a later date.

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NEW SECTION
WAC 170-296A-1175   STARS basic twenty-hour training.   A license applicant must complete the basic twenty-hour STARS training prior to an initial license being granted by the department.

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NEW SECTION
WAC 170-296A-1200   Background checks.   (1) The license applicant or licensee must submit a completed background check form and obtain an authorization letter from the department consistent with the requirements of chapter 170-06 WAC for each of the following:

     (a) Any license applicant;

     (b) The licensee;

     (c) Each staff person or volunteer age sixteen or older; and

     (d) Each individual age sixteen or older who resides in the home.

     (2) Any individual who must undergo a background check under chapter 170-06 WAC and who has resided in Washington state for less than three years must complete the department fingerprint process. See WAC 170-06-0040(1) and RCW 43.215.215.

     (3) The licensee must keep background check authorization letters from the department on file for each individual listed in this section.

     (4) A completed background check form and department authorization is required for each new staff or volunteer age sixteen or older, any person residing in the home who becomes sixteen years old, or for any person age sixteen or older who moves into the home. See WAC 170-06-0040.

     (5) The licensee must not allow any individual who has not obtained a background check authorization letter from the department to have unsupervised access to the children at any time.

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NEW SECTION
WAC 170-296A-1225   Noncriminal background checks for individuals thirteen to sixteen years of age.   (1) Each volunteer or assistant in the licensed family home child care age fourteen to sixteen years old, and each individual residing in the licensee's home age thirteen to sixteen years old, must undergo a noncriminal background check.

     (2) The licensee must submit a signed and dated noncriminal background check application on a form approved by the department:

     (a) Within seven days after the volunteer or assistant age fourteen to sixteen starts work in the licensed child care; and

     (b) For each individual residing in the home age thirteen to sixteen:

     (i) With the licensee's initial license application or renewal application;

     (ii) Within seven days after an individual residing in the home reaches age thirteen; and

     (iii) Within seven days after an individual age thirteen to sixteen moves into the home.

     (3) The department conducts a noncriminal background check, and authorizes or disqualifies an individual age thirteen to sixteen as described in chapter 170-06 WAC, except that the department does not:

     (a) Review convictions or pending charges for disqualifying crimes under WAC 170-06-0050(1), unless the conviction was the result of prosecution of the juvenile as an adult; and

     (b) Disqualify an individual for a conviction under WAC 170-06-0070 (1) and (2), unless the conviction was the result of prosecution of the juvenile as an adult.

     (4) An individual who is disqualified from providing child care or having access to children in care following a noncriminal background check as described in this section has the right to appeal the department's decision under WAC 170-06-0090.

     (5) The licensee must keep authorization letters from the department on file for each individual listed in this section.

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NEW SECTION
WAC 170-296A-1250   License application packet -- Contents.   (1) The individual seeking a license under this chapter is the license applicant.

     (2) A license applicant must submit a license application packet that includes:

     (a) A completed department application form and copy of the applicant's orientation certificate;

     (b) Copy of license applicant's current government issued photo identification;

     (c) Documentation of the licensee's high school diploma or equivalent education under WAC 170-296A-1725;

     (d) Resume for the license applicant;

     (e) References from three individuals not related to the license applicant;

     (f)(i) Copy of license applicant's Social Security card pursuant to 42 U.S.C. 666 (a)(13) and RCW 26.23.150 regarding child support;

     (ii) If the license applicant does not have a Social Security card, the applicant must provide a sworn declaration stating that he or she does not have a Social Security card;

     (g) Copy of the federal Internal Revenue Service letter showing the applicant's employer identification number (EIN) if the applicant plans to employ staff;

     (h) Tuberculosis test results for the license applicant, each staff person, and household members sixteen years old or older. See WAC 170-296A-1750;

     (i) Copy of first-aid/CPR/bloodborne pathogens training certificates for the license applicant and each staff person as described in WAC 170-296A-1825;

     (j) Copy of the license applicant's state food handler permit as described in WAC 170-296A-7675;

     (k) Completed background clearance forms for the license applicant and each staff person, household members sixteen years old and older, and anyone sixteen years and older who may have unsupervised access to the children in care;

     (l) A completed noncriminal background check application form for each assistant and volunteer fourteen to sixteen years of age, and each individual age thirteen to sixteen residing in the home;

     (m) Parent, staff and operation policies (handbooks). See WAC 170-296A-2350, 170-296A-2375, 170-296A-2400, and 170-296A-2425;

     (n) Floor plan, including proposed licensed and unlicensed space;

     (o) Septic system inspection report if applicable under WAC 170-296A-1375;

     (p) Well water testing report if applicable under WAC 170-296A-1400;

     (q) Lead or arsenic evaluation agreement, only for a site located in the Tacoma smelter plume under WAC 170-296A-1360; and

     (r) The license fees under WAC 170-296A-1325 and 170-296A-1350.

     (3) If there will be more than one individual whose name will appear on the license, each individual license applicant must provide information required in subsection (2)(b) through (f) and (2)(h) through (k) of this section.

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NEW SECTION
WAC 170-296A-1275   Application processing.   (1) The department may take up to ninety days to complete the licensing process. The ninety days begins when the license applicant's signed and dated application packet, fees and background check forms have been received by the department.

     (2) If an incomplete application packet is submitted the department will inform the license applicant of the deficiencies and provided a time frame in which to provide the required information. If an application remains incomplete after ninety days the department may deny the license.

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NEW SECTION
WAC 170-296A-1300   Withdrawing an incomplete application.   (1) If the license applicant is unable to successfully complete the licensing process within ninety days the license applicant may withdraw the application and reapply when the applicant is able to meet licensing requirements.

     (2) A license applicant who has not withdrawn his or her incomplete application and is unable to meet the application requirements will be denied a license. See RCW 43.215.300.

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NEW SECTION
WAC 170-296A-1325   License fee -- When due.   (1) A license applicant must pay a nonrefundable license fee with the license application.

     (2) After a license is issued, the licensee must pay the license fee annually. The fee is due on or before the anniversary date of the license.

     (3) Payment must be in the form of a check or money order.

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NEW SECTION
WAC 170-296A-1350   License fee amount.   The license fee is twenty-four dollars, or as otherwise set by the legislature.

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NEW SECTION
WAC 170-296A-1360   Lead and arsenic hazards -- Tacoma smelter plume.   A license applicant who lives in the designated Tacoma smelter plume (counties of King, Pierce, and Thurston) must contact the state department of ecology (DOE) and complete a signed access agreement with DOE for further evaluation of the applicant's property and possible arsenic and lead soil sampling.

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NEW SECTION
WAC 170-296A-1375   Private septic system -- Inspection and maintenance.   (1) If the licensed premises is served by a private septic system (not connected to a sewer system) the septic system must be maintained in a manner acceptable to the local public health authority.

     (2) The licensee must follow the local public health authority's requirements for periodic septic system inspection and maintenance.

     (3) If there are no local public health requirements for periodic septic system inspections the licensee must:

     (a) Have the system inspected by a septic system inspector certified by the local public health authority:

     (i) Within six months prior to submitting a license application under WAC 170-296A-1250; and

     (ii) Every three years after a license is issued under this chapter.

     (b) Maintain the septic system as required by the inspection report.

     (4) Septic system inspection and maintenance records must be kept on the premises and made available to the department upon request.

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NEW SECTION
WAC 170-296A-1400   Private well and water system.   (1) If the licensed family home child care gets water from a private well on the premises, the licensee must follow the local public health authority's requirements for periodic water testing.

     (2) If there are no local public health requirements for periodic water testing, the licensee must have the water tested for coliform bacteria and nitrates by the local public health authority or qualified private testing laboratory:

     (a) Within six months prior to submitting a license application under WAC 170-296A-1250; and

     (b) Every three years after a license is issued under this chapter. The test must indicate no presence of coliform bacteria, and "safe" levels of nitrates as defined by the state department of health (DOH).

     (3) If test results indicate the presence of coliform bacteria or unsafe nitrate levels as defined by DOH, the licensee must:

     (a) Immediately stop using the well water in the child care and inform the local public health authority and the department;

     (b) Take steps required by the local public health authority to repair the well or water system; and

     (c) Test the water as often as required by the local public health authority until tests indicate no presence of coliform bacteria and safe levels of nitrates.

     (4)(a) If directed by the local public health authority or the department, the licensee must suspend child care operations until repairs are made; or

     (b) If the local public health authority and the department determine that child care operations may continue with an alternate source of safe water, provide the safe water as directed.

     (5) Water testing and system repair records must be kept on the premises and made available to the department upon request.

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NEW SECTION
WAC 170-296A-1410   Department inspection.   (1) Prior to the department issuing a license, a department licensor must inspect the proposed indoor and outdoor spaces to be used for child care to verify compliance with the requirements of this chapter.

     (2) The licensee must grant reasonable access to the department licensor during the licensee's hours of operation for the purpose of announced or unannounced monitoring visits to inspect the indoor or outdoor licensed space to verify compliance with the requirements of this chapter.

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NEW SECTION
WAC 170-296A-1420   Licensee declaration.   When compliance with a requirement in this section is being met in unlicensed space in the licensee's home, the licensee must provide a signed and dated declaration, on a department approved form, for the purpose of verifying that the licensee is in compliance with the requirements of this chapter regarding:

     (1) The furnace area safety under WAC 170-296A-2600;

     (2) Guns and weapons storage under WAC 170-296A-4725;

     (3) Smoke detector locations and working condition under WAC 170-296A-2950; or

     (4) Medication storage under WAC 170-296A-3325.

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NEW SECTION
WAC 170-296A-1430   Initial license.   An applicant who demonstrates compliance with health and safety requirements of this chapter, but may not be in full compliance with all requirements, may be issued an initial license.

     (1) An initial license is valid for six months from the date issued.

     (2) At the department's discretion, an initial license may be extended for up to three additional six month periods.

     (3) The department may limit the number of children or ages of children that the licensee may care for (capacity) under an initial license based on the licensee's child care experience.

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NEW SECTION
WAC 170-296A-1450   Full license -- License issued for three years.   A licensee operating under an initial license who demonstrates full or substantial compliance with the requirements of this chapter may be issued a full license. The full license is valid for three years from the date a first initial license was issued, unless otherwise suspended or revoked, or the department issues a probationary license.

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NEW SECTION
WAC 170-296A-1475   Moves.   If the licensee moves the child care to a different residence than currently licensed, even if located on the same premises, the department must inspect the new location and must approve that it meets the requirements of this chapter. The licensee must:

     (1) Notify the department of the proposed move and the date the licensee plans to move;

     (2) Submit an application as soon as the licensee plans to move and has an identified address, but not more than ninety days before moving;

     (3) Submit the application before the move; and

     (4) Not operate more than two weeks following the move as provided by statute without a department inspection of the new location.

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NEW SECTION
WAC 170-296A-1500   Moving without submitting application.   If the licensee moves, and does not notify the department and submit an application prior to the move, the license becomes invalid and is closed by the department as of the date of the move.

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NEW SECTION
WAC 170-296A-1525   Change in circumstances.   (1) The licensee must report the following changes in the licensee's circumstances to the department within twenty-four hours, including:

     (a) The facility;

     (b) Household members; or

     (c) The child care operation.

     (2) The licensee must report to the department within twenty-four hours after the licensee, staff, or a household member is:

     (a) Charged or convicted with a disqualifying crime under WAC 170-06-0120; or

     (b) Alleged to have committed, or received a finding of abuse or neglect of a child or vulnerable adult.

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LICENSE RENEWAL
NEW SECTION
WAC 170-296A-1550   Renewal application.   The licensee who wishes to continue providing licensed child care must submit a completed renewal application packet every three years. The renewal application packet must be received by the department at least ninety days prior to the license expiration date. The packet must include all of the following required documentation:

     (1) Renewal application, on a form provided by the department;

     (2) New background clearance forms for the licensee, staff, household members sixteen years old and older, and anyone sixteen years old and older having unsupervised access to the children in care as described in WAC 170-06-0040;

     (3) Completed noncriminal background check application forms for each volunteer and assistant age fourteen to sixteen; and each individual age thirteen to sixteen residing on the premises as described in WAC 170-296A-1225;

     (4) Copies of licensee and staff's current first aid and CPR certificates required under WAC 170-296A-1825;

     (5) Copy of the licensee's current state food handler permit required under WAC 170-296A-7675;

     (6) Copy of licensee's current government issued picture identification;

     (7) Current parent handbook as described in WAC 170-296A-2375;

     (8) Revised floor plan if applicable;

     (9) Septic inspection report if applicable under WAC 170-296A-1375;

     (10) Water test report if applicable under WAC 170-296A-1400; and

     (11) If applicable, any other changes to the program.

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NEW SECTION
WAC 170-296A-1575   Failure to submit a renewal application.   If the department does not receive a completed renewal application at least ninety days prior to the license expiration date, the license may lapse or renewal may be denied. A new license application must be submitted under WAC 170-296A-1250 if the license lapses or renewal is denied.

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NEW SECTION
WAC 170-296A-1600   Multiple licenses, certifications or authorizations.   (1) The licensee must have department approval to have a department-issued child care license and another care giving license, certification or similar authorization.

     (2) If the department determines that the health and safety needs of the children in licensed child care are not being met:

     (a) The department and licensee may agree to a modification to the child care license;

     (b) The licensee may give up one of the licenses, certifications or authorizations; or

     (c) The department may suspend, deny or revoke the child care license.

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NEW SECTION
WAC 170-296A-1625   Exception to rule.   (1) The department cannot waive a requirement in state or federal law.

     (2) The department may approve an exception to a rule in this chapter.

     (3) An exception to rule request must be:

     (a) In writing on a department form;

     (b) Submitted by the licensor; and

     (c) Approved by the director or director's designee.

     (4) The department may approve an exception only for a specific purpose or child.

     (5) An exception is time limited and may not exceed the specific time approved or the expiration date of the license.

     (6) If the exception request is approved, the licensee must post notice of an approved exception with other notices that must be posted for parent and public view, unless the exception is for a specific child.

     (7) The department's denial of an exception request is not subject to appeal under chapter 170-03 WAC.

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NEW SECTION
WAC 170-296A-1650   Exception to rule -- Alternate method of meeting a requirement.   The department may approve an alternate method of achieving a specific requirement's intent as an exception to rule. The process for requesting and approving an exception is described in WAC 170-296A-1625 (3) through (5).

     (1) The alternate method must not jeopardize the health, safety or welfare of the children in care.

     (2) A copy of the department approved exception must be posted on the premises for parent and public view.

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     STAFF QUALIFICATIONS
NEW SECTION
WAC 170-296A-1700   Licensee minimum age.   The minimum age to be a licensee is eighteen years old.

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NEW SECTION
WAC 170-296A-1725   Licensee minimum education.   (1) As of (the effective date of this section), an applicant for a family home child care license must have a high school diploma.

     (2) If the applicant does not have a high school diploma, he or she must submit written evidence of equivalent education. As used in this section, "equivalent education" means:

     (a) Passing the general educational development (GED) tests;

     (b) Completion of twelve years of elementary and secondary education; or

     (c) Completion of forty-five credits of post secondary education.

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NEW SECTION
WAC 170-296A-1735   Minimum education -- Individuals licensed prior to (the effective date of this section).   Effective (five years from the effective date of this section), every family home child care licensee, including individuals licensed prior to (the effective date of this section), must meet the minimum education requirements of WAC 170-296A-1725.

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NEW SECTION
WAC 170-296A-1750   Tuberculosis.   The applicant, and each staff person fourteen years old and older, and each household member sixteen years old and older, must provide documentation of tuberculosis (TB) testing or treatment consisting of:

     (1) A negative Mantoux test (also known as a tuberculin skin test (TST)) or negative interferon gamma release assay (IGRA) completed within twelve months before license application or employment; or

     (2) A previous or current positive TST or positive IGRA with:

     (a) Proof of treatment or negative chest X ray;

     (b) Certification from a medical professional that the individual does not have an active TB infection; or

     (c) Medication therapy to treat TB.

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NEW SECTION
WAC 170-296A-1800   Ongoing training.   (1) The licensee and each primary staff person must complete thirty hours of department approved ongoing training every three years. The training may include:

     (a) Licensee's or primary staff person's choice; and

     (b) Department directed training.

     (2) The licensee must complete the ongoing training requirement prior to obtaining a license renewal.

     (3) A primary staff person must complete the ongoing training requirement every three years beginning from the date of initial employment.

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NEW SECTION
WAC 170-296A-1825   First aid and cardio pulmonary resuscitation (CPR) certification.   (1) The licensee and each staff person must have a current first aid and cardio pulmonary resuscitation (CPR) certification as established by the expiration date of the document.

     (2) Proof of certification may be a card, certificate or instructor letter.

     (3) The first aid and CPR training and certification must:

     (a) Be certified by the American Red Cross, American Heart Association, American Safety and Health Institute or other nationally recognized certification approved by the department;

     (b) Include infant, child, and adult CPR; and

     (c) Include a hands-on component.

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NEW SECTION
WAC 170-296A-1850   Bloodborne pathogens training.   The licensee and each staff person must have written proof of attending a U.S. Occupational Safety and Health Administration (OSHA) certified or comparable bloodborne pathogens training.

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NEW SECTION
WAC 170-296A-1875   Primary staff person.   An individual meeting all the qualifications of primary staff person is qualified to be left unsupervised with the children in the licensed child care.

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NEW SECTION
WAC 170-296A-1900   Primary staff minimum age.   A primary staff person must be a minimum of eighteen years of age.

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NEW SECTION
WAC 170-296A-1910   Basic twenty-hour STARS training.   A primary staff person must complete the basic twenty hours of STARS training prior to working unsupervised with the children.

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NEW SECTION
WAC 170-296A-1925   Assistants and volunteers -- Supervision.   (1) Assistants and volunteers are the individuals who help in the licensed child care but are supervised by the licensee or primary staff at all times.

     (2) The licensee or primary staff person must be within visual or auditory range of an assistant or volunteer sixteen years old or older, and must be available and able to respond.

     (3) The licensee or primary staff member must be within visual and auditory range of an assistant or volunteer fourteen years to sixteen years old, and must be available and able to respond. When the licensee or primary staff person is the only supervisor, the assistant or volunteer may be in visual or auditory range for brief periods of time while the licensee or primary staff person attends to their toileting, medical, or other personal needs on the premises.

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NEW SECTION
WAC 170-296A-1950   Assistants and volunteers -- Minimum age.   The minimum age to be an assistant or volunteer is fourteen years of age.

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NEW SECTION
WAC 170-296A-1975   Licensee/staff qualifications and requirements table.   The following table summarizes the licensee and staff qualifications and requirements found in WAC 170-296A-1700 through 170-296A-1950, and 170-296A-7675. An "X" indicates a requirement.

Licensee and Staff Qualifications Table


Position Minimum

age

High school diploma or equivalent Back-

ground check

TB test DEL orienta-tion Basic 20-hour STARS Ongoing training Fire safety training First aid/ CPR Blood-

borne patho-gens

Food handler permit
Licensee

18 X X X X X X X X X X
Primary staff person 18 X X X X X X X *
Assistant/ volunteer (cannot be left alone with the children) 14 X

Noncriminal background check only age 14-15

X X X X *

* See WAC 170-296A-7675(3) regarding when other staff must have a food handler permit.

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RECORDKEEPING, REPORTING AND POSTING
NEW SECTION
WAC 170-296A-2000   Recordkeeping -- Records available to the department.   The licensee must:

     (1) Keep all records for a minimum of five years.

     (2) Keep all current records (from the previous twelve months) in the licensed space as defined in WAC 170-296A-0010.

     (3) Provide to the department upon request any records twelve months to five years old within two weeks of the date of the department's written request.

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NEW SECTION
WAC 170-296A-2025   Child records -- Confidentiality.   (1) The licensee must maintain records for all children in a confidential manner.

     (2) Each enrolled child's health record must be available to staff when needed for medical administration or emergencies.

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NEW SECTION
WAC 170-296A-2050   Child records -- Contents.   (1) The licensee must have an enrollment record for every child who is enrolled and counted in capacity. Each child's enrollment record must include the following:

     (a) Beginning enrollment date;

     (b) End of enrollment date for children no longer in the licensee's care;

     (c) The child's birth date;

     (d) The child's current immunization record, on a DOH child immunization status form or comparable form completed by a health care professional;

     (e) The child's known allergies;

     (f) Names of persons authorized to pick up the child;

     (g) Emergency contacts. If no emergency contact is available, a written emergency contact plan may be accepted;

     (h) Parent or guardian information including name, phone numbers, address, and contact information for reaching the family while the child is in care;

     (i) Medical and dental care provider names and contact information, if the child has providers. If the child has no medical or dental provider, the licensee and parent or guardian must have a written plan for medical or dental injury or incident; and

     (j) Consent to seek medical care and treatment of minor child in the event of injury or illness, signed by the child's parent or guardian.

     (2) If applicable, a child's records must include:

     (a) Injury/incident reports (see WAC 170-296A-3575 and 170-296A-3600);

     (b) Medication authorization and administration log (see WAC 170-296A-3375);

     (c) Plan for special or individual needs of the child (see WAC 170-296A-6725); or

     (d) Documentation of use of physical restraint (see WAC 170-296A-6250).

     (3) The child's records must include signed parent permissions (see WAC 170-296A-6400) as applicable for:

     (a) Field trips;

     (b) Picture taking;

     (c) Transportation; and

     (d) Visiting health professionals.

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NEW SECTION
WAC 170-296A-2075   Licensee and staff records.   Records for the licensee and each staff person must include documentation of:

     (1) Current first aid and infant, child and adult CPR training certification;

     (2) Bloodborne pathogens training certification;

     (3) TB test results or documentation as required under WAC 170-296A-1750;

     (4) Current state food handler permit for the licensee, and for other staff if required under WAC 170-296A-7675(3);

     (5) Completed background check form, or noncriminal background check form if applicable under WAC 170-296A-1225, and copy of the department-issued authorization letter;

     (6) Copy of a current government issued picture identification;

     (7) Emergency contact information;

     (8) Completed application form or resume for staff when hired;

     (9) Documentation of the licensee's and primary staff only:

     (a) Twenty-hour basic STARS training; and

     (b) Ongoing training completed;

     (10) Record of training provided by the licensee to staff and volunteers; and

     (11) Resume for the licensee only.

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NEW SECTION
WAC 170-296A-2100   Required records for household members.   The licensee must keep the following records for household members:

     (1) Completed background check form and the department-issued clearance letter under chapter 170-06 WAC for each individual sixteen years old and older;

     (2) The department-issued clearance letter for household members age thirteen to sixteen years old and any assistant or volunteer fourteen to sixteen years old under WAC 170-296A-1225; and

     (3) TB test results under WAC 170-296A-1750 for:

     (a) Household members sixteen years old or older; and

     (b) Any household member fourteen to sixteen years old who is an assistant or volunteer.

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NEW SECTION
WAC 170-296A-2125   Child attendance records -- Staff to child ratio records.   The licensee must also keep records of:

     (1) Daily attendance for each child counted in capacity that includes the:

     (a) Child's dates of attendance;

     (b) Time the child arrives or returns to the child care, including signature of the person authorized by the child's parent or guardian to sign the child in; and

     (c) Time the child leaves from the licensee's care including signature of the person authorized by the child's parent or guardian to sign the child out.

     (2) Names of staff being counted to meet the daily staff-to-child ratio requirements.

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NEW SECTION
WAC 170-296A-2150   Facility records.   The licensee must keep the following facility records:

     (1) Monthly fire inspections required under WAC 170-296A-3050;

     (2) Fire extinguisher maintenance or receipts indicating annual purchase of new fire extinguisher(s), under WAC 170-296A-3000;

     (3) Septic system inspection and maintenance, if required under WAC 170-296A-1375;

     (4) Water testing results if required under WAC 170-296A-1400;

     (5) Installation or assembly instructions for play equipment under WAC 170-296A-5000(3);

     (6) Emergency preparedness evacuation drills under WAC 170-296A-2925;

     (7) Documents from any department visits, inspections or monitoring checklists; and

     (8) As applicable, compliance agreements or safety plans between the licensee and the department.

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NEW SECTION
WAC 170-296A-2175   Materials that must be posted.   The following must be posted in the licensed space during operating hours and clearly visible to the parents, guardians and staff:

     (1) A statement of the licensee's philosophy of child development;

     (2) Emergency information:

     (a) 911 or emergency services number;

     (b) Name of the licensee, telephone number(s), address, and directions from the nearest major arterial street or nearest cross street to the licensed home;

     (c) Washington poison center toll-free phone number; and

     (d) DSHS children's administration intake (child protective services) toll-free telephone number.

     (3) Emergency preparedness plan and drills with the following information:

     (a) Dates and times of previous drills;

     (b) Procedure for sounding alarm;

     (c) Monthly smoke detector check;

     (d) Annual fire extinguisher check;

     (e) Floor plan with escape routes and emergency exits identified;

     (f) Emergency medical information or explanation of where that information can be found; and

     (g) Emergency contact information for the licensee;

     (4) Child care licensing information:

     (a) The current department-issued child care license;

     (b) If applicable, a copy of current department-approved exceptions to the rules;

     (5) If applicable, notice of any current or pending department enforcement action. Notice must be posted:

     (a) Immediately upon receipt; and

     (b) For at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer.

     (6) A notice stating that additional information about the child care license is available upon request to the licensee. This information includes:

     (a) Copies of department monitoring checklists;

     (b) If applicable, any facility licensing compliance agreements (FLCA);

     (c) If applicable, copy of any enforcement action taken by the department for the previous three years; and

     (d) If applicable, notice that the licensee does not have liability insurance coverage, or that the coverage has lapsed or been terminated. See RCW 43.215.535;

     (7) A statement on how the licensee will communicate with the parent or guardian on their child's development and parenting support; and

     (8) A typical daily schedule as described in WAC 170-296A-6550.

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NEW SECTION
WAC 170-296A-2200   Reporting incidents to 911 (emergency services).   The licensee or primary staff person must report to 911 emergency services the following:

     (1) A child missing from care, as soon as the licensee or staff realizes the child is missing;

     (2) Medical emergency (injury or illness) that requires immediate professional medical care;

     (3) Incorrect administration of any medication, except nonprescription topical creams or ointments;

     (4) Overdose of any oral, inhaled or injected medication;

     (5) Fire and other emergencies;

     (6) Poisoning or suspected poisoning; or

     (7) Other incidents requiring emergency response.

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NEW SECTION
WAC 170-296A-2225   Reporting incidents to Washington poison center.   The licensee or primary staff person must report to the Washington poison center, after calling 911, and follow any instructions of the poison center:

     (1) Any poisoning or suspected poisoning;

     (2) Incorrect administration of any medication, except nonprescription topical creams or ointments;

     (3) Overdose of any oral, inhaled or injected medication.

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NEW SECTION
WAC 170-296A-2250   Reporting incidents to a child's parent or guardian and the department.   The licensee must report to a child's parent or guardian and the department:

     (1) Immediately:

     (a) Any incident reported under WAC 170-296A-2200, after calling 911;

     (b) Any incident reported under WAC 170-296A-2225, after calling 911 and Washington poison center;

     (c) A child's demonstrated acts, gestures or behaviors that may cause serious intentional harm to self, others or property; or

     (d) Use of physical restraint with a child.

     (2) Within twenty-four hours:

     (a) Injury or other health concerns to a child that does not require professional medical treatment (report to parent only);

     (b) Change in child care staff, including serious illness or incapacity of the licensee that may impact child care staffing;

     (c) Additions to the household of persons sixteen years old or older;

     (d) The licensee's plans to move, including the date of the move;

     (e) Change in the licensee's phone number or e-mail;

     (f) Child's exposure to a reportable communicable disease from the list in WAC 246-110-010(4); or

     (g) Updates to the parent handbook.

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NEW SECTION
WAC 170-296A-2275   Other incident reporting to the department.   (1) The licensee must report to the department any incidents or changes as required under WAC 170-296A-2200, or 170-296A-2225, 170-296A-2250, 170-296A-2300, and 170-296A-2325.

     (2) The licensee must report to the department within twenty-four hours:

     (a) Serious illness or incapacity of the licensee, staff or member of household, if the licensee:

     (i) Has a reasonable expectation that the illness or incapacity will affect the licensee's ability to provide care; and

     (ii) Is going to continue to provide care.

     (b) For the licensee, staff, volunteer or household member age fourteen or older, any:

     (i) Charge or conviction for a crime listed in WAC 170-06-0120;

     (ii) Allegation or finding of child abuse or neglect under chapter 26.44 or 74.15 RCW;

     (iii) Allegation or finding of abuse or neglect of a vulnerable adult under chapter 74.34 RCW; or

     (iv) Other charge or conviction for a crime that could be reasonably related to the individual's suitability to provide care for or have unsupervised access to children in care;

     (c) Fire that results in damage to the license space or other parts of the premises;

     (d) Structural damage to the licensed child care space or other parts of the premises;

     (e) Prior to making structural changes to the licensed space; or

     (f) Change in the required licensee policies.

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NEW SECTION
WAC 170-296A-2300   Reporting to DSHS children's administration intake.   The licensee and each staff person are required to report the following to DSHS children's administration intake-child protective services (CPS) or law enforcement as required under RCW 26.44.030, and to the licensor:

     (1) Any suspected child abuse or neglect;

     (2) A child's disclosure of sexual or physical abuse;

     (3) Sexual contact between two or more children;

     (4) A child's attempted suicide or talk about attempting suicide; or

     (5) Death of a child while in the licensee's care or from injury or illness that may have occurred while the child was in the licensee's care.

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NEW SECTION
WAC 170-296A-2325   Reporting notifiable condition to health department.   The licensee must report a child diagnosed with a notifiable condition as defined in chapter 246-105 WAC to the local public health jurisdiction or the state department of health. Contact the local public health jurisdiction for the list of notifiable conditions and reporting requirements.

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NEW SECTION
WAC 170-296A-2350   Policies.   (1) The licensee must have written policies for:

     (a) Parents and guardians, also known as the parent handbook;

     (b) Program and staff.

     (2) The licensee must submit all policies to the department.

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NEW SECTION
WAC 170-296A-2375   Parent/guardian policies (handbook).   The licensee's written parent/guardian policies (handbook) must include:

     (1) Hours of operation including closures and vacations;

     (2) Information on how children's records are kept current, including immunization records;

     (3) Enrollment and disenrollment process;

     (4) Access to children during child care hours;

     (5) Program philosophy (the licensee's view of child learning and development);

     (6) Typical daily schedule, including food and rest periods;

     (7) Communication plan with parents/guardians including:

     (a) How the parent or guardian may contact the licensee with questions or concerns; and

     (b) How the licensee will communicate the child's progress with the parent or guardian at least twice a year;

     (c) How the licensee will support parents regarding parenting;

     (8) Written plan for any child's specific needs if applicable;

     (9) Fee and payment plans;

     (10) Religious activities and how families' specific religious preferences are addressed;

     (11) How holidays are recognized in the program;

     (12) Confidentiality policy including when information may be shared. See WAC 170-296A-2025;

     (13) Items that the licensee requires the parent or guardian to provide;

     (14) Guidance and discipline policy. See WAC 170-296A-6050;

     (15) If applicable, infant/toddler care including SIDS prevention, feeding, diapering and toilet training;

     (16) Reporting suspected child abuse or neglect;

     (17) Food service practices;

     (18) Off-site field trips requirements. See WAC 170-296A-2450;

     (19) Transportation requirements. See WAC 170-296A-6475;

     (20) Staffing plan;

     (21) Access to licensee's and staff training and professional development records;

     (22) Pet policies. See WAC 170-296A-4800;

     (23) Health care and emergency preparedness policies including:

     (a) Emergency preparedness and evacuation plans. See WAC 170-296A-2825;

     (b) Injury or medical emergency response and reporting;

     (c) Medication management including storage and dispensing. See WAC 170-296A-3325;

     (d) Exclusion/removal policy of ill persons. See WAC 170-296A-3225;

     (e) Reporting of notifiable conditions to public health;

     (f) Immunization tracking. See WAC 170-296A-3250; and

     (g) Infection control methods, including:

     (i) Handwashing (WAC 170-296A-3625) and, if applicable, hand sanitizers (WAC 170-296A-3650); and

     (ii) Cleaning and sanitizing procedures including the sanitizing method and products used. See WAC 170-296A-3850 through 170-296A-3925;

     (24) Napping/sleeping;

     (25) No smoking policy. See WAC 170-296A-4050;

     (26) Drug and alcohol policy. See WAC 170-296A-4025;

     (27) If applicable, guns and weapons storage. See WAC 170-296A-4725; and

     (28) If applicable, overnight care requirements. See WAC 170-296A-6850.

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NEW SECTION
WAC 170-296A-2400   Program/operations policies.   The licensee must have written program/operations policies that include:

     (1) All information in the parent/guardian handbook under WAC 170-296A-2375;

     (2) Plans to keep required program/staff records current;

     (3) Child supervision requirements;

     (4) Mandatory reporting requirement of suspected child abuse and neglect and other incidents under WAC 170-296A-2300;

     (5) Plan for off-site field trips;

     (6) Plan for transporting children;

     (7) Plans for restricting children's access to unlicensed space;

     (8) Medical emergency, fire, disaster and evacuation responsibilities;

     (9) Guidance and discipline responsibilities;

     (10) Overnight care, if applicable; and

     (11) Plan for staff (when applicable) to include:

     (a) Staff responsibilities;

     (b) Staff training;

     (c) Staff expectations; and

     (d) Professional development.

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NEW SECTION
WAC 170-296A-2425   Staff policies.   If the licensee hires staff or uses volunteers, the licensee must have written staff policies and provide training on the policies to all staff and volunteers. Staff policies must include:

     (1) All the information in the parent/guardian handbook under WAC 170-296A-2375, except fees;

     (2) Plan for keeping staff records current including:

     (a) Completed background check forms and department clearance letters;

     (b) First aid and CPR certification;

     (c) TB test results;

     (d) Required training and professional development for primary staff persons; and

     (e) Training that the licensee must provide to staff;

     (3) Job description;

     (4) Staff responsibilities for:

     (a) Child supervision requirements;

     (b) Guidance/discipline techniques;

     (c) Food service practices;

     (d) Off-site field trips;

     (e) Transporting children;

     (f) Restricting children's access to unlicensed space;

     (g) Health, safety and sanitization procedures;

     (h) Medical emergencies, fire, disaster and evacuations;

     (i) Mandatory reporting of suspected child abuse and neglect; and

     (j) Overnight care, if applicable.

[]


NEW SECTION
WAC 170-296A-2450   Off-site activity policy.   The licensee must have a written policy for off-site activities that includes:

     (1) Parent notification and permissions. See WAC 170-296A-6400;

     (2) Supervision plan;

     (3) Transportation plan. See WAC 170-296A-6475;

     (4) Emergency procedures including bringing each child's:

     (a) Emergency contact information;

     (b) Medical records;

     (c) Immunization records;

     (d) Individual medications for children who have them; and

     (e) Medication administration log;

     (5) Medication management;

     (6) Maintaining a complete first-aid kit; and

     (7) Charging of fees if any.

[]

FIRE AND EMERGENCY PREPAREDNESS
NEW SECTION
WAC 170-296A-2525   Building codes.   A single-family residence used for licensed family home child care is considered a group R (residential), division 3 occupancy structure by the state building code.

[]


NEW SECTION
WAC 170-296A-2550   Requesting local fire department visit.   (1) The licensee must request the local fire department to visit the home to become familiar with the facility and to assist in planning evacuation or emergency procedures.

     (2) If the local fire department does not provide this service, the licensee must have written documentation on file that the request was made.

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NEW SECTION
WAC 170-296A-2575   Flammable materials.   (1) The licensee must not allow combustible materials (including, but not limited to, lint, grease, oils, or solvent soaked rags) or rubbish to accumulate; those items must be removed from the building or stored in closed metal containers.

     (2) The licensee must store items labeled "flammable," in areas that are inaccessible to children and away from exits.

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NEW SECTION
WAC 170-296A-2600   Furnaces.   (1) The licensee must keep paper, rubbish, or combustible materials at least three feet away from any furnace.

     (2) The furnace must be inaccessible to the children, isolated, enclosed or protected.

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NEW SECTION
WAC 170-296A-2625   Electrical motors.   The licensee must keep electrical motors on appliances free of accumulated dust or lint.

[]


NEW SECTION
WAC 170-296A-2650   Fireplaces, wood stoves, similar heating devices.   (1) If the home has a fireplace, wood stove or similar heating device that will be in use, the licensee must:

     (a) Have the device inspected annually by a qualified fireplace, wood stove or chimney specialist; and

     (b) Maintain the heating device as required by the inspection.

     (2) The fireplace, wood stove or similar heating device must be inaccessible to the children during operating hours.

     (3) The licensee may provide a written statement if the fireplace, wood stove or similar heating device will not be used at any time.

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NEW SECTION
WAC 170-296A-2675   Open flame devices, candles, matches and lighters.   (1) Except as provided in WAC 170-296A-2650 or kitchen ranges using natural gas or propane, the licensee must not use or allow the use of open flame devices in the licensed space or any space accessible to the children during operating hours.

     (2) The licensee must not use or allow the use of candles during operating hours.

     (3) The licensee must keep matches and lighters inaccessible to children.

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NEW SECTION
WAC 170-296A-2700   Emergency flashlight.   The licensee must have a working flashlight available for use as an emergency light source.

[]


NEW SECTION
WAC 170-296A-2725   Portable heaters and generators.   The licensee must not use or allow the use of portable heaters or fuel powered generators in any area inside of the family home child care or building during operating hours.

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NEW SECTION
WAC 170-296A-2750   House numbers.   The licensee must place house numbers or address where the numbers are legible and plainly visible from the street or road in front of the premises.

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NEW SECTION
WAC 170-296A-2775   Telephone.   (1) The licensee must have a working telephone in the licensed space.

     (2) The licensee must have a landline telephone readily available that does not require electricity. Voice over internet telephone or cable telephone service are not acceptable substitutes for a landline telephone.

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NEW SECTION
WAC 170-296A-2800   Access for emergency vehicles.   The licensed family home child care must be accessible to emergency vehicles.

[]


NEW SECTION
WAC 170-296A-2825   Fire evacuation plan.   (1) The licensee must develop a written fire evacuation plan and post it at a place that is clearly visible to the staff, parents and guardians. The evacuation plan must be evaluated annually and updated as needed.

     (2) The evacuation plan must include:

     (a) An evacuation floor plan that identifies emergency exit pathways, doors, and windows;

     (b) Method(s) to be used for sounding an alarm;

     (c)(i) Calling 911; and

     (ii) Actions to be taken by the person discovering the fire;

     (d) How the licensee and staff will evacuate all children, especially children who cannot walk;

     (e) How the licensee and staff will account for all of the children in attendance;

     (f) Where children and staff will gather away from the building pending arrival of the fire department or emergency response; and

     (g) How the licensee will inform parents or guardians and arrange pick up of children if needed.

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NEW SECTION
WAC 170-296A-2850   Disaster plan.   (1) The licensee must have a written disaster plan for emergencies other than fire. The plan must be reviewed annually and updated as needed.

     (2) The written disaster plan must cover at minimum the following:

     (a) For disasters that require evacuation:

     (i) How the licensee and staff will evacuate all children, especially those who cannot walk.

     (ii) What to take when evacuating the children, including:

     (A) First aid kit;

     (B) Child medication records; and

     (C) If applicable, individual children's medication;

     (iii) Where to go; and

     (iv) How the licensee and staff will account for all of the children in attendance.

     (b) Earthquake procedures including:

     (i) What the licensee and staff will do during an earthquake;

     (ii) How the licensee and staff will account for all of the children in attendance; and

     (iii) After an earthquake, how the licensee will assess whether the licensed space is safe for the children;

     (c) Lockdown of the facility or shelter-in-place, including:

     (i) How doors and windows will be secured if needed; and

     (ii) Where children will stay safely inside the facility; and

     (d) How parents and guardians will be contacted after the emergency situation is over.

     (3) The licensee must keep on the premises a three-day supply of food, water, and medications required by individual children for use in a disaster, lockdown, or shelter-in-place incident.

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NEW SECTION
WAC 170-296A-2875   Fire, disaster training for staff and volunteers.   (1) The licensee must provide fire, evacuation and disaster training for all staff and volunteers. The training must include:

     (a) All elements of the fire, evacuation and disaster plans;

     (b) Operation of the fire extinguishers;

     (c) How to test the smoke detectors and replace smoke detector batteries; and

     (d) Staff responsibilities in the event of a fire or disaster.

     (2) The training must be documented in the staff's or volunteer's personnel file.

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NEW SECTION
WAC 170-296A-2900   Emergency drills.   The licensee and staff must practice emergency drills with the children as follows:

     (1) Fire/evacuation drill: Once each calendar month;

     (2) Earthquake drill: Once every three calendar months; and

     (3) Lockdown/shelter-in-place drill: Once annually.

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NEW SECTION
WAC 170-296A-2925   Record of emergency drills.   The licensee must keep records of emergency drills performed, and post the records as required in WAC 170-296A-2175. Records must include:

     (1) The date and time the drill took place;

     (2) Staff who participated;

     (3) Number of children who participated;

     (4) Length of drill; and

     (5) Notes about how the drill went including:

     (a) What the licensee learned; and

     (b) What the licensee thinks should be done differently at the next drill.

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NEW SECTION
WAC 170-296A-2950   Smoke detectors.   (1) The licensee must have and maintain working smoke detectors in the home.

     (2) At least one smoke detector must be located:

     (a) In each licensed sleeping area;

     (b) On each level of the home; and

     (c) In the kitchen area.

     (3) Smoke detectors must be placed on the ceiling or wall, but not on the wall above any door.

     (4) One extra battery for each smoke detector must be kept on the premises.

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NEW SECTION
WAC 170-296A-2975   Additional method to sound an alarm.   In addition to working smoke detectors, the licensee must have an additional method to sound an alarm that is used only in a fire, emergency situation or drill.

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NEW SECTION
WAC 170-296A-3000   Fire extinguishers.   (1) The licensee must have working fire extinguishers, minimum 2 A: 10 BC, readily available. A fire extinguisher must be:

     (a) Located on each level of the home used for child care; and

     (b) Mounted:

     (i) Within seventy-five feet of an exit; and

     (ii) Along the path of an exit.

     (2) A fire extinguisher may be mounted in a closed unlocked closet. There must be:

     (a) A sign on the closet door to indicate that a fire extinguisher is mounted inside; and

     (b) No obstructions blocking access to the closet.

     (3) The licensee must have documentation on file of annual:

     (a) Fire extinguisher maintenance; or

     (b) Proof of purchasing new extinguishers.

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NEW SECTION
WAC 170-296A-3025   Fire extinguisher, smoke detector use and testing.   The licensee and staff must demonstrate to the licensor how to:

     (1) Use fire extinguishers;

     (2) Test and operate the smoke detectors; and

     (3) Test alternate alarm device(s).

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NEW SECTION
WAC 170-296A-3050   Monthly fire inspection.   The licensee must inspect the home once each calendar month to identify possible fire hazards and take action to eliminate any hazards found. If the licensee employs a primary staff person, the primary staff person must participate in monthly fire hazard inspections. The licensee must keep records of monthly inspections.

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HEALTH
NEW SECTION
WAC 170-296A-3200   Health plan.   The licensee must have a written health plan. The health plan must include:

     (1) Communicable disease notification under WAC 170-296A-3210;

     (2) Exclusion of ill person under WAC 170-296A-3225;

     (3) Immunization tracking under WAC 170-296A-3250 through 170-296A-3300;

     (4) Medication management under WAC 170-296A-3325 through 170-296A-3550;

     (5) Medication storage;

     (6) Injury treatment under WAC 170-296A-3375 through 170-296A-3600; and

     (7) Handwashing and hand sanitizers under WAC 170-296A-3625 through 170-296A-3675.

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NEW SECTION
WAC 170-296A-3210   Communicable disease -- Notice and procedure.   When the licensee becomes aware that he or she, a household member, staff person or child in care has been diagnosed with a communicable disease as described in DOH WAC 246-110-010(4), the licensee must:

     (1) Notify:

     (a) The local public health jurisdiction or DOH;

     (b) DEL within twenty-four hours from time the licensee receives notification of the diagnosis;

     (c) Parents and guardians of all the children in care; and

     (2) Follow the health plan before providing care or before readmitting the household member, staff person or child into the child care.

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NEW SECTION
WAC 170-296A-3225   Exclusion of ill persons.   The licensee's health plan includes provisions for excluding or separating a child, staff person, or household member with communicable disease as described in WAC 246-110-010(4) or any of the following:

     (1) Fever of one hundred one degrees Fahrenheit or higher;

     (2) Vomiting that occurs two or more times in a twenty-four-hour period;

     (3) Diarrhea with three or more watery stools in a twenty-four-hour period;

     (4) Rash not associated with heat, diapering or an allergic reaction; or

     (5) Drainage of thick mucus and pus from the eye.

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NEW SECTION
WAC 170-296A-3250   Immunization tracking.   The licensee is required to track each child's immunization status. The licensee must:

     (1) Except as provided in WAC 170-296A-3200 or 170-296A-3275, have a complete current certificate of immunization status (CIS) form or similar form supplied by a health care professional for each child, submitted on or before the child's first day of child care;

     (2) Develop a system to update and keep individual immunization records current to include when immunizations are received; and

     (3) Have the CIS or similar forms for each currently enrolled child available in licensed space for review by the licensor.

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NEW SECTION
WAC 170-296A-3275   Accepting a child who does not have current immunizations.   (1) The licensee may accept a child who is not current with immunizations on a conditional basis if immunizations are:

     (a) Initiated before or on enrollment; and

     (b) Completed as soon as medically possible.

     (2) The licensee must have on file a document signed and dated by the parent or guardian stating when the child's immunizations will be brought up to date.

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NEW SECTION
WAC 170-296A-3300   Immunizations -- Exemption.   The licensee may accept a child without any immunizations if the parent or guardian:

     (1) Signs a statement expressing a religious, philosophical or personal objection to immunization.

     (2) Provides a DOH certificate of exemption form or similar statement.

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NEW SECTION
WAC 170-296A-3325   Medication storage.   The licensee must store all medications (except rescue medications under WAC 170-296A-3350 and topical nonprescription medications described in WAC 170-296A-4100), vitamins, herbal remedies, dietary supplements and pet medications in a locked cabinet or locked container.

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NEW SECTION
WAC 170-296A-3350   Child's emergency rescue medications.   The licensee must keep emergency rescue medications inaccessible but available for emergency use to meet a child's emergency medical needs.

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NEW SECTION
WAC 170-296A-3375   Medication permission.   (1) The licensee must have written permission from a child's parent or guardian to give a child any medication. The permission must include:

     (a) Child's name;

     (b) Name of the medication and condition being treated;

     (c) Dose to be given;

     (d) Start and stop date for administering medication not to exceed thirty calendar days, except as provided in subsection (2) of this section;

     (e) Parent or guardian signature; and

     (f) Date of signature.

     (2) A parent or guardian may give the licensee ninety calendar days permission for use of the following:

     (a) Diaper ointments and talc free powders intended specifically for use in the diaper area of children;

     (b) Sun screen;

     (c) Hand sanitizers; or

     (d) Hand wipes with alcohol.

     (3) The licensee must keep a written record of medication administration (medication log) that includes the:

     (a) Child's name;

     (b) Name of medication;

     (c) Dose given;

     (d) Dates and time of each medication given; and

     (e) Name and signature of the person administering the medication.

     (4) The licensee must allow the parent or guardian to review their own child's written medication administration records.

     (5) The licensee must return any unused medication to the child's parent or guardian.

     (6) Medication permission forms must be kept confidential.

     (7) Medication permission forms and medication logs for the previous twelve months must be kept in the licensed space and be available for review by the licensor.

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NEW SECTION
WAC 170-296A-3400   Administering medications.   (1) Only the licensee or primary staff person may administer medication, or observe a child administering their own medication as described in WAC 170-296A-3550.

     (2) The licensee or primary staff person must not administer or allow administration of an expired medication.

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NEW SECTION
WAC 170-296A-3425   Medication requirements.   The licensee or primary staff person must follow the medication directions for managing and administering prescription and nonprescription medication for the individual children in care.

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NEW SECTION
WAC 170-296A-3450   Sedating a child prohibited.   The licensee or primary staff person must not administer or allow administration of any medication for the purpose of sedating a child unless the medication has been prescribed for that purpose by a qualified health care professional.

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NEW SECTION
WAC 170-296A-3475   Administering prescription medication.   The licensee or primary staff must administer a prescribed medication only:

     (1) To the child that the medication is prescribed for;

     (2) In amount and frequency prescribed by a health care professional with prescription authority;

     (3) For the purpose or condition that the medication is prescribed to treat;

     (4) When the medication:

     (a) Is in the original container;

     (b) Is labeled with the child's first and last name;

     (c) Has a nonexpired expiration date;

     (5) If the parent or guardian provides information from the pharmacy about:

     (a) Medication storage;

     (b) Potential adverse reactions or side effects; and

     (6) If the medication is stored at the proper temperature noted on the container label or pharmacy instructions.

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NEW SECTION
WAC 170-296A-3525   Nonprescription medications.   The licensee or primary staff may administer nonprescription medications, as defined in this chapter, only when:

     (1) The nonprescription medication is:

     (a) Given to or used with a child only in the dosage and as directed on the manufacturer's label;

     (b) Given in accordance to the age or weight of the child needing the medication;

     (c) Given only for the purpose or condition that the medication is intended to treat;

     (d) Is in the original container; and

     (e) Has a nonexpired expiration date, if applicable.

     (2) The container includes, or the parent or guardian provides information about:

     (a) Medication storage;

     (b) Potential adverse reactions or side effects.

     (3) The medication is stored at the proper temperature noted on the container label or pharmacy instructions.

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NEW SECTION
WAC 170-296A-3550   Children taking their own medication.   The licensee may permit a child to take his or her own medication if:

     (1) The licensee follows all of the requirements in WAC 170-296A-3475 (1) through (6);

     (2) The child is physically and mentally capable of properly taking the medicine;

     (3) The licensee has on file the child's parent or guardian written approval for the child to take his or her own medication;

     (4) The medication and related medical supplies are locked and inaccessible to other children and unauthorized persons, except emergency rescue medications that may be stored inaccessible to other children but not locked; and

     (5) The licensee or a primary staff person observes and documents in the child's medication administration record that the medication was taken.

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NEW SECTION
WAC 170-296A-3575   Injuries requiring first aid only.   When a child has an injury that requires first aid only, a written or verbal notice must be given to the parent or guardian and keep a record of the notice on file.

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NEW SECTION
WAC 170-296A-3600   Injuries or illness requiring professional medical treatment.   (1) When the licensee becomes aware that a child's injury or illness may require professional medical treatment, the licensee must:

     (a) Call 911, when applicable and follow their recommendations;

     (b) Administer first aid;

     (c) Call the child's parent or guardian;

     (d) Call the department; and

     (e) Within twenty-four hours, submit an injury/incident report form to the department.

     (2) The injury/incident report form must include:

     (a) The name of child;

     (b) The date, time and location where the injury or illness occurred;

     (c) A description of the injury or illness;

     (d) The names of staff present;

     (e) The action taken by staff; and

     (f) The signature of licensee.

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NEW SECTION
WAC 170-296A-3625   Handwashing.   (1) The licensee and staff must follow and teach children proper handwashing procedures. Proper handwashing procedures include:

     (a) Wetting hands with warm water;

     (b) Apply soap to the hands;

     (c) Washing hands;

     (d) Rinsing hands;

     (e) Drying hands with a paper towel, single-use cloth towel or air hand dryer; and

     (f) Turning off the water with paper towel or single use cloth towel.

     (2) Paper towels must be disposed of after a single use.

     (3) If cloth towels are used, the licensee must wash and sanitize each hand towel after a single use.

     (4) If an air hand dryer is used, it must have a heat guard to prevent burning and must turn off automatically.

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NEW SECTION
WAC 170-296A-3650   Hand sanitizers.   (1) If the licensee has a written and signed parent or guardian permission as described in WAC 170-296A-3375(2), the licensee may use hand sanitizer products only with children over twelve months old. Hand sanitizer products may be used:

     (a) When handwashing facilities are not available, such as an outing, emergency, or disaster; or

     (b) After proper handwashing.

     (2) Hand sanitizer gels must not be used in place of proper handwashing if handwashing facilities are available.

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NEW SECTION
WAC 170-296A-3675   When handwashing is required.   The licensee, staff and children must wash their hands and follow proper handwashing techniques:

     (1) After using the toilet;

     (2) After diapering a child;

     (3) After outdoor play;

     (4) After playing with animals;

     (5) After touching an animal's toys;

     (6) After touching body fluids;

     (7) Before and after the child eats or participates in food activities; or

     (8) As needed.

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NEW SECTION
WAC 170-296A-3700   Carpets.   The licensee must clean installed carpet in the licensed space at least once each calendar year or more often when soiled.

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NEW SECTION
WAC 170-296A-3725   Sleeping.   (1) The licensee must provide mats, cots, or other sleeping equipment long enough and wide enough for the size of the child.

     (2) The licensee must never place the children directly on the floor to sleep.

     (3) When children are sleeping there must be enough space between children to give staff access to each child.

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NEW SECTION
WAC 170-296A-3750   Mats, cots and other sleeping equipment.   (1) The licensee must provide mats, cots, or other approved sleeping equipment that are made of material that can be cleaned and sanitized.

     (2) Mats, cots or other sleeping equipment must be cleaned, sanitized, and air dried:

     (a) At least once a week or as needed if used by one child; or

     (b) Between each use if used by different children.

     (3)(a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

     (4) Mats, cots, and other sleeping equipment must be stored so that the sleeping surfaces are not touching each other, unless they are cleaned and sanitized after each use.

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NEW SECTION
WAC 170-296A-3760   Cribs.   In order to meet federal requirements, a licensee who uses a crib with children in care must comply with this section.

     (1) Effective December 28, 2012, each crib in use in licensed child care must meet U.S. Consumer Product Safety Commission (CPSC) requirements for full-size cribs as defined in 16 Code of Federal Regulations (CFR) 1219, or nonfull-size cribs as defined in 16 CFR 1220.

     (2) A crib meets the requirements of this section if the crib is labeled by the manufacturer as made on or after June 28, 2011.

     (3) A crib labeled as made from July 1, 2010 through June 27, 2011 may meet the requirements of this section if the licensee has obtained a certificate of compliance from the crib manufacturer or importer, or the licensee has other documentation from the manufacturer that the crib is certified as meeting the CPSC regulations.

     (4) A crib that does not meet the requirements of subsection (2) or (3) of this section must be removed from the child care facility not later than December 28, 2012.

     (5) The licensee must keep in the licensed space a log documenting that each crib in use meets the requirements of this section.

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NEW SECTION
WAC 170-296A-3775   Bedding.   Each child's bedding, including sleeping bags and slumber bags, must:

     (1) Meet the child's developmental needs;

     (2) Consist of a clean sheet or blanket to cover the sleeping surface;

     (3) Include a waterproof moisture barrier under the sheet or blanket;

     (4) Have a clean, suitable cover for the child; children must not nap directly on the waterproof moisture barrier or the floor;

     (5) Be laundered weekly or more often if soiled or used by different children; and

     (6) Be stored separately from bedding used by another child.

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NEW SECTION
WAC 170-296A-3800   Overnight sleeping.   If the licensee is approved by the department to provide overnight care, the licensee must provide every child a bed or other sleeping equipment to sleep that:

     (1) Is safe and in good condition;

     (2) Is waterproof or washable; and

     (3) Meets the child's developmental needs.

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NEW SECTION
WAC 170-296A-3825   Loft style and bunk beds.   The licensee must not allow children less than six years of age to use:

     (1) Loft style beds; or

     (2) Upper bunks of bunk beds.

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NEW SECTION
WAC 170-296A-3850   Cleaning laundry.   The licensee must wash child care laundry using:

     (1) Laundry soap or detergent; and

     (2)(a) Temperature control (warm or hot cycle); or

     (b) Bleach.

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NEW SECTION
WAC 170-296A-3875   Cleaning and sanitizing toys.   (1) The licensee must clean and sanitize toys:

     (a) After they have been in a child's mouth;

     (b) After being contaminated with body fluids or visibly soiled; or

     (c) Not less than weekly when the toys have been used by the children.

     (2)(a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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NEW SECTION
WAC 170-296A-3925   Cleaning and sanitizing table.   The following table describes the minimum frequency for cleaning or sanitizing items in the licensed space.


CLEANING AND SANITIZING TABLE
CLEAN SANITIZE FREQUENCY
(a) Kitchens.
(i) Countertops/tabletops, floors, doorknobs, and cabinet handles.

X

X

Daily or more often when soiled.
(ii) Food preparation/surfaces. X X Before/after contact with food activity; between preparation of raw and cooked foods.
(b) Carpets and large area rugs/small rugs. X 1. Vacuum daily.
2. Installed carpet must be cleaned yearly or more often when soiled.
Small rugs shake outdoors or vacuum daily. Launder weekly or more often when soiled.
Removable rugs may be used in the bathroom. They must be easily removable and able to be washed when needed. If used daily when children are in care, rugs must be washed daily.
(c) Toys, other surfaces.
(i) Utensils, surfaces/toys that go in the mouth or have been in contact with other body fluids. X X After each child's use; or use disposable, one-time utensils or toys.
(ii) Toys that are not contaminated with body fluids and machine-washable cloth toys. Dress-up clothes (not worn on the head or come into contact with the head while dressing). Combs/hairbrushes, (none of these items should be shared among children).    

    

X Weekly or more often when visibly soiled.

    

(d) Bedding, blankets, sleeping bags, individual sheets, pillowcases, and washcloths, (if used). X X Weekly or more often when soiled.
Items that are put in the washing machine must be cleaned by using laundry detergent and sanitized by temperature (hot water at 140°F) or a chemical sanitizer such as bleach.
(e) Hats and helmets. X After each child's use or use disposable hats that only one child wears.
(f) Cribs and crib mattresses. X X Weekly, before use by different child, and more often whenever soiled or wet.
(g) Toilet and diapering areas.
(i) Handwashing sinks, faucets, surrounding counters, soap dispensers, doorknobs. X X Daily or more often when soiled.
(ii) Toilet seats, toilet training rings, toilet handles, doorknobs or cubicle handles, floors. X X Daily or immediately if visibly soiled.
(iii) Toilet bowls. X X Daily or more often as needed (e.g., child vomits or has explosive diarrhea, etc.).
(iv) Changing tables, potty chairs (use of potty chairs in child care is discouraged because of high risk of contamination). X X After each child's use.
(h) Waste receptacles. X Daily or more often as needed.

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NEW SECTION

WAC 170-296-3950   Pest control.   When pests are present in the licensed space, the licensee must:

     (1) Take action to remove or eliminate pests; and

     (2)(a) Use the least poisonous method possible; or

     (b) If chemical pesticides are used, post a notice visible to parents, guardians and any other interested party forty-eight hours in advance of the application of pesticides.

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NEW SECTION
WAC 170-296A-3975   Poisons.   The licensee must:

     (1) Store poisons inaccessible to children and away from food.

     (2) Label the containers when poisons are not in their original containers.

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NEW SECTION
WAC 170-296A-4000   Lead, asbestos and arsenic.   The licensee must take action to prevent child exposure when the licensee becomes aware that any of the following are present in the indoor or outdoor licensed space:

     (1) Lead based paint;

     (2) Plumbing containing lead or lead solders;

     (3) Asbestos; or

     (4) Arsenic or lead in the soil.

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NEW SECTION
WAC 170-296A-4025   Drugs and alcohol.   (1) The licensee staff, volunteers, or household members must not:

     (a) Have or use illegal drugs on the premises;

     (b) Consume alcohol during operating hours; or

     (c) Be under the influence of alcohol, illegal drugs or misused prescription drugs when working with or in the presence of children in care.

     (2) The licensee must keep and store all alcohol, including closed and open containers, inaccessible to children.

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NEW SECTION
WAC 170-296A-4050   No smoking.   (1) As required by chapter 70.160 RCW, the licensee must, under the following conditions, prohibit smoking by anyone during operating hours:

     (a) Inside the home;

     (b) In any outdoor or indoor licensed space;

     (c) Within twenty-five feet from any entrance, exit, window, or ventilation intake of the home; or

     (d) In motor vehicles while transporting children.

     (2) The licensee must keep tobacco products, cigarettes and containers holding cigarette butts, cigar butts, or ashes inaccessible to the children.

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NEW SECTION
WAC 170-296A-4075   First aid kit.   (1) The licensee must have a complete first aid kit at all times:

     (a) In the licensed space;

     (b) On any off-site trip; and

     (c) In any vehicle used to transport children in care.

     (2) A complete first aid kit must include clean:

     (a) Disposable nonporous protective gloves;

     (b) Adhesive bandages of various sizes;

     (c) Small scissors;

     (d) Tweezers;

     (e) An elastic wrapping bandage;

     (f) Sterile gauze pads;

     (g) Ice pack;

     (h) Mercury free thermometer for taking a child's temperature;

     (i) Large triangular bandage, for use as a sling;

     (j) Adhesive tape; and

     (k) One-way CPR barrier or mask.

     (3) The first aid kit must include a current first aid manual.

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NEW SECTION
WAC 170-296A-4100   Storage of medications, chemicals and other substances.   The following table describes medications, chemicals and other substances that must be:

     (1) Stored in a locked container or cabinet until use; or

     (2) Stored inaccessible to children. Rescue medications described in subsection (3) of the table must be available for the licensee or primary staff to administer to a child if needed.


Medication/Chemical/Other Substance Storage
This list is not inclusive of all possible items in each category. Medications must be stored as directed on label, including refrigeration if applicable.
If the medication is a (an): The medication must be stored in a locked container or cabinet The medication must be stored inaccessible to children
(3) Individual child's rescue medications
(a) Any medication used to treat an allergic reaction X
(b) Nebulizer medication X
(c) Inhaler X
(d) Bee sting kit X
(e) Seizure medication X
(f) Medicine needed for emergencies X
(4) Nonprescription medication, including herbal or natural
(a) Pain reliever, cough syrup, cold, or flu medication X
(b) Vitamins, all types including natural X
(c) Topical nonprescription medication X
(5) Prescription medication
(a) Intended use – topical X
(b) Intended use – ingestible or by injection X
(6) Chemicals
(a) Nail polish remover X
(b) Disinfectant and sanitizers X
(c) Household cleaners X
(d) Toxic paints X
(e) Plant fertilizer X
(f) Ice melt X
(g) Pool chemicals X
(h) Pesticides/herbicides X
(i) Fuels, oil, lighter fluid, matches X
(j) Air freshener, aerosols X
(7) Other substances
(a) Lotions, creams, toothpaste and diaper creams when not in use X
(b) Liquid, powder or cream personal hygiene products when not in use X
(c) Shampoo X
(d) Bubble bath X
(e) Dish soap X
(f) Make-up/cosmetics X
(g) Pet medications X
(h) Tobacco products, including cigarette butts and ash trays X
(i) Alcohol (liquor), opened or unopened X

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ENVIRONMENTS
NEW SECTION
WAC 170-296A-4200   Removing recalled items.   The licensee must maintain equipment, toys or other items in the child care in good and safe working condition. The licensee must maintain awareness of equipment, toys or other items used in child care listed for recall by the U.S. Consumer Product Safety Commission.

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NEW SECTION
WAC 170-296A-4225   Indoor licensed space -- Minimum space.   (1) The indoor licensed space must have thirty-five square feet per child for the maximum number of children stated on the license, measured to include only the space intended for use by children in care.

     (2) The space under furniture used by the children is counted in square footage.

     (3) Indoor space that is not counted in the minimum square footage requirement includes:

     (a) Unlicensed space that is made inaccessible to children in care;

     (b) Space under furniture not used by the children;

     (c) Hallway space that leads to an exit;

     (d) Bathrooms; and

     (e) Closets not used for child care activities.

     (4) An office or kitchen that is made inaccessible to the children and is not intended for their use may be included as licensed space but is not counted as part of the minimum square footage.

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NEW SECTION
WAC 170-296A-4250   Indoor temperature.   The indoor temperature must be no less than:

     (1) Sixty degrees Fahrenheit when children are sleeping or napping; and

     (2) Sixty-five degrees Fahrenheit when the majority of the children are awake.

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NEW SECTION
WAC 170-296A-4275   Fans, air conditioning or cross ventilation.   The licensee must use a fan, air conditioner or cross ventilation in licensed space when the inside temperature exceeds eighty degrees Fahrenheit. Fans and air conditioners must be kept inaccessible to the children.

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NEW SECTION
WAC 170-296A-4300   Window coverings.   (1) Window coverings with pull cords or inner cords capable of forming a loop are prohibited as provided by RCW 43.215.360.

     (2) Window coverings may be allowed that have been manufactured or altered to eliminate the formation of a loop.

     (3) A window covering may not be secured to the frame of a window or door used as an emergency exit in any way that would prevent the window or door from opening easily.

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NEW SECTION
WAC 170-296A-4325   Stairs.   (1) If there are stairs in the licensed space, the licensee must:

     (a) Keep the stairway well lit;

     (b) Keep the stairway free of clutter; and

     (c) Have a handrail or vertical slats on one side of the stairs that children can reach.

     (2) The licensee must keep the stairs inaccessible to the children when not in use with a:

     (a) Barrier;

     (b) Nonpressure gate; or

     (c) Door.

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ELECTRICAL AND LIGHTING
NEW SECTION
WAC 170-296A-4350   Electrical outlets, cords and power strips.   (1) The licensee must provide tamper-resistant outlet covers or receptacles in areas accessible to children. As used in this section "tamper-resistant receptacle" also means tamper-resistant outlets or child safety outlets that have automatic shutters which allow insertion of electrical plugs but block insertion of other objects.

     (2) Interior outlets near sinks, tubs or toilets must be:

     (a) Tamper-resistant ground fault circuit interrupter (GFCI) type; or

     (b) Made inaccessible to the children.

     (3) Electrical cords must be:

     (a) Secured to prevent a tripping hazard;

     (b) In good working order, not torn or frayed and without any exposed wire; and

     (c) Plugged directly into an outlet or a surge protector.

     (4) Power strips with a surge protector may be used and must be made inaccessible to the children.

     (5) Extension cords may be used only for a brief or temporary purpose and must be plugged directly into an outlet or into a surge protected power strip.

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NEW SECTION
WAC 170-296A-4360   Area lighting.   (1) In the licensed space, lighting must be bright in the children's activity areas, eating areas and the bathroom.

     (2) All other areas in the licensed space must have lighting so children are safe.

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NEW SECTION
WAC 170-296A-4375   Lighting safety.   (1) When ceiling-mounted light fixtures are in the play space, the licensee must provide one or more of the following:

     (a) Shatter-resistant covers;

     (b) Shatter-resistant light bulbs; or

     (c) Otherwise make the light fixtures safe.

     (2) The licensee must not:

     (a) Allow bare light bulbs in any play space; or

     (b) Use lights or light fixtures indoors that are intended or recommended for outdoor use; or

     (c) Use halogen lamps in any area accessible to children during operating hours.

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EXITS
NEW SECTION
WAC 170-296A-4400   Exit doors.   (1) "Exit door" means any door in the licensed space that opens to the exterior of the home. Emergency exit doors are covered in WAC 170-296A-4500.

     (2) The licensee must have a method on exit doors to alert the licensee or staff when an exit door is opened. The licensee may use a chime, bell, alarm, or other device as an alert method.

     (3) An exit door that is not designated as an emergency exit door may be locked during operating hours. The door knob or handle must be of the type that can be opened from the inside without use of a key, tools, or special knowledge, and must automatically unlock when the door knob or handle is turned.

     (4) At least one exit door must be of the pivoted or side-hinged swinging type. Other exit doors may be sliding glass doors.

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NEW SECTION
WAC 170-296A-4425   Night latches, deadbolts and security chains.   When overnight care is provided, the licensee must have a department approved safety plan in place before using any of the following on an exit door that is not used as an emergency exit:

     (1) Night latches;

     (2) Deadbolts; or

     (3) Security chains.

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NEW SECTION
WAC 170-296A-4450   Interior door locks.   An interior door is any door that does not exit to the exterior of the home. Any interior door that locks must be able to be unlocked from either side. An unlocking device must be readily available for staff to unlock any interior door when a child is locked in.

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NEW SECTION
WAC 170-296A-4475   Emergency exit pathways.   The licensee must keep pathways to all emergency exits free from clutter and obstructions. Emergency exits and pathways to emergency exits are licensed space.

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NEW SECTION
WAC 170-296A-4500   Emergency exits -- General.   (1) Each floor used for licensed child care space must have at least two emergency exits that open directly to the exterior of the home.

     (a) The emergency exits on each floor must be remotely located from each other, at opposite ends of the building or as widely spaced as possible.

     (b) One exit must be an emergency exit door as defined in WAC 170-296A-4525 and the other exit may be a door or an emergency window as defined in WAC 170-296A-4550.

     (2) Every room used for child care, except bathrooms, must have:

     (a) A door leading to two separate emergency exit pathways; or

     (b) An emergency exit door leading directly to the exterior of the building.

     See WAC 170-296A-4575 for additional requirements for rooms used for sleeping or napping.

     (3) If child care is provided in a basement or floor level accessed by an interior stairway, the stairway must have a self closing door at the top or bottom.

     (4) Any basement approved for licensed child care must have two means of emergency exit, which may be one of the following:

     (a) Two emergency exit doors that exit directly to the exterior of the home without entering the first floor; or

     (b) One of the two emergency exits is an emergency exit window or emergency exit door, and the other exit is an interior stairway that leads to an emergency exit.

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NEW SECTION
WAC 170-296A-4525   Emergency exit doors.   (1) An emergency exit door must open to the exterior of the home.

     (2) Any door used as an emergency exit door must:

     (a) Remain unlocked during operating hours;

     (b) Be designed to open from the inside without the use of keys, tools, or special knowledge and automatically unlocks when the door knob or handle is turned; and

     (c) Be easy to open to the full open position.

     (3) If the emergency exit door opens to a landing that is four feet (forty-eight inches) or more above grade, the landing must lead to a stairway or ramp to get to ground level.

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NEW SECTION
WAC 170-296A-4550   Emergency exit windows.   (1) Any window used as an emergency exit window must:

     (a) Remain unlocked during operating hours, except a manufacturer-installed latch may be latched;

     (b) Be designed to open from the inside of the room without the use of keys, tools or special knowledge; and

     (c) Be easy to open to the full open position.

     (2) An emergency exit window must be at least five point seven square feet in area, except emergency exit windows on the ground floor may be five square feet in area. When open, the window opening must be at least:

     (a) Twenty inches wide; and

     (b) Twenty-four inches tall.

     (3) An emergency exit window must have an interior sill height of forty-four inches or less above the interior floor. If the interior sill height is more than forty-four inches above the interior floor, a sturdy platform (which may be a table or other device) may be used to make the distance forty-four inches or less to the interior window sill. The platform must be in place below the window sill at all times during operating hours.

     (4) An emergency exit window must have a place to land outside that is forty-eight inches or less below the window which may be either:

     (a) The ground; or

     (b) A deck, landing or platform constructed and inspected by local building officials as meeting current building codes.

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NEW SECTION
WAC 170-296A-4575   Emergency exits from sleeping/napping areas.   Each room used for sleeping or napping must have:

     (1) Interior doors leading to two separate emergency exit pathways; or

     (2) An emergency exit door leading directly to the exterior of the building; or

     (3) An interior door leading to an emergency exit pathway and an emergency exit window exiting to the exterior of the building. The emergency exit window must meet the requirements stated in WAC 170-296A-4550(3).

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NEW SECTION
WAC 170-296A-4600   Commercial use areas -- Fire wall.   (1) The licensed space must have a fire resistant wall separating the child care space from any space used as a commercial:

     (a) Kitchen;

     (b) Boiler;

     (c) Maintenance shop;

     (d) Laundry;

     (e) Woodworking shop;

     (f) Storage where flammable or combustible materials are stored;

     (g) Painting operation;

     (h) Automobile or boat building or repair;

     (i) Parking garage; or

     (j) Other similar commercial operation.

     (2) Emergency exits pathways must not exit to or go through the commercial space.

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NEW SECTION
WAC 170-296A-4625   Bathrooms.   (1) The licensee must provide at least one indoor bathroom with:

     (a) A flush-type toilet;

     (b) Privacy for toileting for children of the opposite sex who are four years of age or older and for other children demonstrating a need for privacy;

     (c) A mounted toilet paper dispenser and toilet paper for each toilet; and

     (d) A toilet of an appropriate height and size for children, or have a platform for the children to use that is safe, easily cleanable and resistant to moisture.

     (2) Bathroom and toileting areas must be ventilated by the use of a window that can be opened or an exhaust fan.

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NEW SECTION
WAC 170-296A-4650   Bathroom floors.   (1) Floors in a bathroom or toileting area must have a washable surface and be resistant to moisture. The floor must be cleaned and sanitized daily or more often if needed.

     (a) If a bleach solution is used to sanitize, the solution must be one teaspoon of bleach to one gallon of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions, including but not limited to quantity used, time the product must be left in place, and adequate time to allow the product to dry.

     (2) Removable rugs may be used in the bathroom. The rugs must be washed when soiled or at least weekly.

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NEW SECTION
WAC 170-296A-4675   Bathroom sinks.   A sink used for handwashing must be located in or next to bathrooms or other areas used for toileting. The sink must:

     (1) Have warm running water; and

     (2) Be of appropriate height and size for children, or have a platform for the children to use that is safe, easily cleanable and resistant to moisture.

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NEW SECTION
WAC 170-296A-4700   Water temperature.   Hot water must be kept at temperature not less than eighty degrees and not more than one hundred twenty degrees Fahrenheit.

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NEW SECTION
WAC 170-296A-4725   Guns and other weapons.   (1) The licensee must store guns, ammunition and other weapons inaccessible to children in a:

     (a) Locked gun safe; or

     (b) Locked room.

     (2) If stored in a locked room, each gun must be stored unloaded and with a trigger lock or other disabling feature.

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NEW SECTION
WAC 170-296A-4750   Storage for each child's belongings.   The licensee must provide separate storage for each child's belongings. Belongings of children from the same family may be stored together.

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PETS
NEW SECTION
WAC 170-296A-4800   Pet policy.   A licensee who has a pet or pets must:

     (1) Inform children's parents and guardians that the licensee has a pet; and

     (2) Have a pet policy in the parent handbook that includes:

     (a) How children will have access to pets;

     (b) How children will be kept safe around pets;

     (c) Pet immunizations; and

     (d) Handling of pet waste.

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NEW SECTION
WAC 170-296A-4850   Pet health and safety.   (1) Pets that have contact with children must:

     (a) Have current immunizations for communicable diseases;

     (b) Show no signs of disease, worms or parasites; and

     (c) Be nonaggressive.

     (2) Children and staff must wash their hands as required under WAC 170-296A-3625 after interacting with pets or handling pet toys or equipment.

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NEW SECTION
WAC 170-296A-4875   Pets interacting with children.   The licensee:

     (1) Must have a written plan to keep a pet inaccessible to the children if the pet is known to be dangerous or aggressive.

     (2) Must directly supervise, or instruct staff to directly supervise, children preschool age and younger when the children are interacting with pets.

     (3) Must make reptiles and amphibians inaccessible to the children due to the risk of Salmonella.

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NEW SECTION
WAC 170-296A-4900   Pet wastes.   The licensee must:

     (1) Keep litter boxes inaccessible to the children.

     (2) Have a designated area outside the fenced licensed outdoor space for pets to relieve themselves.

     (3) Remove feces right away if an animal relieves itself in the outdoor licensed space.

     (4) Pet feces, urine, blood, or vomit when found in the indoor licensed space must be cleaned up immediately and the area sanitized.

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NEW SECTION
WAC 170-296A-4925   Licensed outdoor space.   (1) The licensee must provide a safe outdoor play area on the premises.

     (a) The outdoor play space must contain seventy-five square feet of usable space per child for the number of children stated on the license.

     (b) If the premises does not have seventy-five square feet of available outdoor space per child, the licensee may provide an alternative plan, approved by the department, to meet the requirement for children to have daily outdoor play opportunities.

     (2) The licensed outdoor play space must be securely enclosed with a fence of a minimum height of four feet. When a fence has slats, openings between the slats must be no wider than three and one-half inches.

     (3) When the licensed outdoor play space is not adjacent to the home the licensee must:

     (a) Identify and use a safe route to and from licensed outdoor space that is approved by the department; and

     (b) Supervise the children at all times when passing between the licensed outdoor space and the home.

     (4) The licensee must provide a written plan, approved by the department, to make roadways and other dangers adjacent to the licensed outdoor play space inaccessible to children.

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NEW SECTION
WAC 170-296A-4950   Rails on platforms, decks, and stairs.   (1) Platforms or decks (not including play equipment) used at any time for child care activities with a drop zone of more than eighteen inches must have guardrails in any area where there are no steps.

     (2) Outdoor stairs with four or more steps must have vertical slats (balusters) or a hand rail on at least one side. Openings between the slats must be no wider than three and one-half inches. This requirement does not apply to outdoor play equipment with stairs.

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NEW SECTION
WAC 170-296A-4975   Outdoor supervision.   (1) The licensee or primary staff person must be within sight and hearing range when children preschool age or younger are using the licensed outdoor space and be available and able to respond if the need arises for the safety of the children.

     (2) The licensee or primary assistant must be within sight or hearing range of school age children when in the licensed outdoor space and be available and able to respond if the need arises for the safety of the children.

     (3) The required staff-to-child ratio must be maintained when the children are in the licensed outdoor space, except as provided in subsection (4) of this section.

     (4) A second staff person or assistant may engage in other child care activities temporarily as long as he or she is in sight or hearing range and is available and able to respond if the need arises for the safety of the children.

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NEW SECTION
WAC 170-296A-5000   Play equipment.   (1) The licensee must have play equipment that is developmentally appropriate and maintained in a safe working condition. Unsafe equipment must be repaired immediately or must be made inaccessible to children until repairs are made.

     (2) Play equipment must be arranged so that it does not interfere with other play equipment when in use.

     (3) The licensee must install or assemble play equipment according to manufacturer specifications, and keep specifications on file for review by the licensor.

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NEW SECTION
WAC 170-296A-5025   Outdoor physical activities.   The licensee must have an outdoor play area that promotes a variety of age and developmentally appropriate physical activities for the children in care.

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NEW SECTION
WAC 170-296A-5050   Bouncing equipment prohibited.   The licensee must not use or allow the use of bouncing equipment including, but not limited to, trampolines, rebounders and inflatable equipment. This requirement does not apply to bounce balls with handles for use by individual children.

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NEW SECTION
WAC 170-296A-5075   Ground cover -- Fall zones.   (1) The licensee must not place climbing play equipment on concrete, asphalt, packed soil, lumber, or similar hard surfaces when being used by children.

     (2) The ground under play equipment intended to be climbed must be covered by a shock absorbing material. Grass alone is not an acceptable ground cover material under swings or play equipment intended to be climbed.

     (3) A six-foot fall zone must surround all equipment that has a platform over forty-eight inches tall that is intended to be climbed.

     (4) The fall zone area must extend at least six feet beyond the perimeter of the equipment. For swings, the area must extend six feet from the furthest arc of the swing.

     (5) Swings must be positioned so that the furthest arc of the swing is at least ten feet from a fence, building or other play equipment.

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NEW SECTION
WAC 170-296A-5125   Daily outdoor activity.   The licensee or staff must provide outdoor activities at least thirty minutes each day unless conditions pose a health and safety risk to the children. Conditions that may pose a health and safety risk include, but are not limited to:

     (1) Heat in excess of one hundred degrees Fahrenheit;

     (2) Cold less than twenty degrees Fahrenheit;

     (3) Lightning storm, tornado, hurricane, or flooding, if there is immediate or likely danger to the children;

     (4) Earthquake;

     (5) Air quality emergency ordered by a local or state air quality authority or public health authority;

     (6) Lockdown order by a public safety authority; or

     (7) Other similar incidents.

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NEW SECTION
WAC 170-296A-5150   Water activity -- Supervision.   (1) Unless attending a swimming or water play activity, when outside the licensed premises the licensee must keep children from having access to bodies of water that pose a drowning hazard.

     (2) When the licensee takes children near a body of water outside the licensed premises that is accessible and more than four inches deep, there must be:

     (a) A certified lifeguard on duty; or

     (b)(i) One additional staff member more than the required staff-to-child ratio as provided in WAC 170-296A-5700 to help with the children; and

     (ii) At least one staff person in attendance must be able to swim.

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NEW SECTION
WAC 170-296A-5175   Wading pools -- Defined -- Supervision.   (1) A wading pool:

     (a) Is an enclosed pool with water depth of two feet or less measured without children in the pool; and

     (b) Can be emptied and moved.

     (2) When a wading pool on the premises is intended for use by the children, the licensee must:

     (a) Directly supervise or have a primary staff person directly supervise the children;

     (b) Obtain written permission from each child's parent or guardian to allow the child to use a wading pool;

     (c) Maintain staff-to-child ratios when children are in a wading pool;

     (d) Keep infants or toddlers in the wading pool within reach of the licensee or staff;

     (e) Use a door alarm or bell to warn staff that children are entering the outdoor area when pool water could be accessed, or keep the wading pool empty when not in use; and

     (f) Empty, clean and sanitize the pool daily or immediately if the pool is soiled with urine, feces, vomit, or blood:

     (i) If a bleach solution is used to sanitize, the solution must be one teaspoon of bleach to one gallon of cool water;

     (ii) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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NEW SECTION
WAC 170-296A-5200   Swimming pools defined -- Barriers and supervision.   (1) A swimming pool is a pool that has a water depth greater than two feet.

     (2) When there is a swimming pool on the premises the licensee must:

     (a) Have a five-foot high fence that blocks access to the swimming pool;

     (b) Lock the entrance and exit points to the swimming pool;

     (c) Have an unlocking device that is inaccessible to children but readily available to the licensee or staff;

     (d) Maintain the swimming pool according to manufacturer's specifications; and

     (e) Clean and sanitize the swimming pool using the manufacturer's specifications.

     (3) When the swimming pool on the premises is used by the children the licensee must:

     (a) Obtain written permission from each child's parent or guardian to allow the child to use the swimming pool;

     (b) Have one person present at the swimming pool with lifeguard training;

     (c) Provide a one-to-one staff-to-child ratio for infants or toddlers in the swimming pool. Staff must hold or be in constant touch contact with infants or toddlers in the swimming pool; and

     (d) Provide one additional staff person more than the required staff-to-child ratio as provided in WAC 170-296A-5700 to help supervise children other than infants or toddlers.

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NEW SECTION
WAC 170-296A-5225   Bodies of water or water hazards on the licensed premises.   (1)(a) As used in WAC 170-296A-5150 through 170-296A-5250, a "body of water" is a natural area or man-made area or device that contains or holds more than two inches of water.

     (b) "Body of water" does not include a wading pool as defined in WAC 170-296A-5175, a water activity table, small bird baths or rain puddles with a water depth of two inches or less.

     (2) When children are in care the licensee must:

     (a) Make any body of water in the licensed space inaccessible with a fence or a physical barrier that is at least five feet tall, except as provided in subsection (c) of this section;

     (b) Directly supervise or have a primary staff person directly supervise children, with the staff-to-child ratios observed, whenever children play in any area with a body of water;

     (c) Make hot tubs, spas, or jet tubs inaccessible with a tub cover that is locked; and

     (d) Not use five gallon buckets or similar containers for infant or toddler water play.

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NEW SECTION
WAC 170-296A-5250   Safety plan for bodies of water outside and near licensed space.   The licensee must make the following bodies of water inaccessible to children in care, and have a written safety plan approved by the department for:

     (1) Bodies of water, including ditches, located outside and near (in close proximity to) the licensed space, regardless of whether the body of water is on or off the premises; or

     (2) Any uncovered well, septic tank, below grade storage tank; farm manure pond or similar hazards that are on the premises.

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SUPERVISION, CAPACITY AND RATIO
NEW SECTION
WAC 170-296A-5400   Infant-toddler only license (birth to two years old).   (Reserved.) The department plans to consider specialized licenses for specific age groups at a later date.

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NEW SECTION
WAC 170-296A-5450   Two through five year old only license.   (Reserved.) The department plans to consider specialized licenses for specific age groups at a later date.

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NEW SECTION
WAC 170-296A-5500   School age only license (over five years through twelve years).   (Reserved.) The department plans to consider specialized licenses for specific age groups at a later date.

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NEW SECTION
WAC 170-296A-5550   Birth through twelve years license.   (1) The department issues a full license for the licensee to care for not more than twelve children birth through twelve years of age.

     (2) The department may issue a full licensee for fewer than twelve children if the total square footage of licensed indoor or outdoor space is less than the minimum square footage required to care for twelve children.

     (3) If the licensee has less than one year of child care experience, the department may issue an initial license limited to:

     (a) Caring for not more than six children; or

     (b) Caring for children older than eighteen months of age and walking independently.

     (4) See the table in WAC 170-296A-5700 for the number and ages of children a licensee may care for and the staff-to-child ratios required based on the licensee's experience and staffing levels.

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NEW SECTION
WAC 170-296A-5600   Staff-to-child ratio.   (1) The licensee must provide qualified staff to fulfill the staffing requirements and ratios described in WAC 170-296A-5700 at all times during all operating hours, including off-site trips or when transporting children in care.

     (2) The licensee must provide additional staff as described in WAC 170-296A-5150, 170-296A-5175, or 170-296A-5225 when children are participating in water activities or near water.

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NEW SECTION
WAC 170-296A-5625   Capacity.   The licensee must not exceed the total number or ages of children in care (capacity) stated on the child care license.

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NEW SECTION
WAC 170-296A-5650   Children counted in ratio and capacity.   (1) Children enrolled in the child care program count in ratio through twelve years of age.

     (2) All children through twelve years of age in attendance on the premises or being transported by the licensee or staff are counted in the total number of children in the licensee's care.

     (3) Any child within the age range on the license count in ratio, including licensee's own children, staff's own children or visiting children who are not accompanied by an adult.

     (4) The licensee must receive department approval to care for a child with special needs as documented in WAC 170-296A-6725 if the child is older than the maximum age identified on the license. A child with documented special needs may be in care up to age nineteen and must be counted in ratio.

     (5) If an individual child with special needs requires individualized supervision, a staff member providing individualized supervision for that child does not count in the staff-to-child ratio for the other children in care.

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NEW SECTION
WAC 170-296A-5700   Capacity and ratio table -- Birth through twelve year license.   The table in this section describes the required staff-to-child ratio, age composition of children in care, and maximum licensed capacity permitted in a licensed family home child care depending on the:

     (1) Licensee's years of experience;

     (2) Number and qualifications of staff providing care;

     (3) Capacity and ratio table:


Staff Licensee Minimum Experience and Requirements Staff-Child Ratio Age Range Maximum Number of Children by Age Group: Maximum Capacity
Under 18 months of age
2
(a) Licensee working alone Less than one year of experience 1:6 Birth through 12 years of age or 6
Under two years of age (One must be walking independently) Maximum of 2 children under the age of two not walking independently
3
18 months to 2 years

     (Must be walking independently)

2
(b) Licensee working alone At least one year of experience 1:8 18 months through 12

     years of age

or 8
Under three years of age (Not more than two under two years of age and must be walking independently)
4
(c) Licensee working alone At least two years of experience and 30 hours of ongoing early childhood education equivalent STARS training 1:10 Three years through 12

     years of age

Not Applicable 10
Under 18 months of age
2
and
(d) Licensee working with primary staff or assistant (2 staff total) Licensee has at least one year of experience 2:9 Birth through 12

     years of age

18 months to two years of age and walking independently 9
1
and
Two years to three years of age
4
Under 18 months of age
4
and
(e) Licensee working with primary staff or assistant (2 staff total) Licensee has two or more years child care experience and 30 hours of ongoing early childhood education equivalent STARS training 2:12 Birth through 12

     years of age

18 months to two years of age and walking independently 12
2
and
Two years to three years of age
4
(f) Licensee working with primary staff or assistant (2 staff total) Licensee has two or more years child care experience and 30 hours of ongoing early childhood education equivalent STARS training 2:12 Two years of age through 12 years of age Not Applicable 12

     (4) As used in this section, "walking independently" means being able to stand and move about easily without the aid or assistance of or holding on to an object, wall, equipment or other person.

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LICENSEE RESPONSIBILITIES
NEW SECTION
WAC 170-296A-5750   Supervising staff.   When the licensee or primary staff are supervising staff, they must be:

     (1) Aware of what staff are doing; and

     (2) Available and able to promptly assist to protect the health and safety of children in care.

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NEW SECTION
WAC 170-296A-5775   Licensee absence.   (1) The licensee must have a written policy and procedure for staff to follow any time the licensee is absent from the child care. The policy and procedure must include, but is not limited to:

     (a) A staffing plan to include:

     (i) That qualified primary staff will be present and in charge at all times during the licensee's absence;

     (ii) Staff roles and responsibilities;

     (iii) How staff-to-child ratios will be met; and

     (iv) How staff will meet the individual needs of children in care;

     (b) How parents will be notified in writing of the licensee's absence;

     (c) Responsibility for meeting the requirements of this chapter and chapter 43.215 RCW;

     (d) Emergency contact information for the licensee; and

     (e) Licensee's expected outside work schedule if applicable.

     (2) The department must approve the licensee's plan. The department may require modifications to the proposed plan if it does not meet licensing requirements.

     (3) Prior to engaging in employment or ongoing activities outside of the child care home during child care hours the licensee must inform the department in writing.

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NEW SECTION
WAC 170-296A-5800   Orientation for staff.   The licensee must provide an orientation to all staff on licensing standards in this chapter, including the licensee's policies and procedures, and document when the training occurred and identify staff that received the training.

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NEW SECTION
WAC 170-296A-5825   Licensee absence -- Retraining for staff if standards are violated.   If the department issues a facility license compliance agreement as a result of staff not following the licensing standards of this chapter in the licensee's absence, the licensee must:

     (1) Retrain the staff on the licensing standards in this chapter; and

     (2) Document that the retraining occurred.

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NEW SECTION
WAC 170-296A-5850   Licensee notice of absences.   (1) The licensee must notify the department forty-eight hours prior to the following absences during child care hours:

     (a) Outside employment;

     (b) Vacation or absence exceeding seven consecutive days when the child care will remain open; or

     (c) Regularly scheduled absences during child care hours.

     (2) The licensee must inform the department of the following regarding the licensee's absence:

     (a) Time period of the absence;

     (b) Written plan including who will be left in charge of the child care;

     (c) Contact information for licensee; and

     (d) How parents will be informed prior to the absence.

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NEW SECTION
WAC 170-296A-5875   Notifying parents of closures, absences, staff changes.   The licensee must notify parents in writing of:

     (1) Closures;

     (2) Licensee's potential absences; and

     (3) Staffing changes.

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NEW SECTION
WAC 170-296A-5900   Notifying the licensor regarding the licensee's absence.   The licensee or another person must notify the licensor:

     (1) Of the licensee's emergency absence, as soon as possible and not later than twenty-four hours after the start of the emergency absence; or

     (2) When the licensee's physical or mental health prevents the licensee from providing direct care as required by this chapter.

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NURTURE AND GUIDANCE
NEW SECTION
WAC 170-296A-6000   Interactions with children.   The licensee and staff members must:

     (1) Demonstrate positive interactions when children are present;

     (2) Interact with children through listening and responding to what the children have to say;

     (3) Be in frequent verbal communication with children in a positive, reinforcing, cheerful and soothing way. Explain actions, even to very young babies;

     (4) Treat each child with consideration and respect;

     (5) Appropriately hold, touch and smile at children;

     (6) Speak to the children at their eye level when possible and appropriate;

     (7) Be responsive to children, encouraging them to share experiences, ideas and feelings;

     (8) Respond to and investigate cries or other signs of distress immediately;

     (9) Perform age or developmentally appropriate nurturing activities that:

     (a) Take into consideration the parent's own nurturing practices;

     (b) Promote each child's learning self-help and social skills; and

     (c) Stimulate the child's development.

     (10) Provide each child opportunities for vocal expression. Adult voices must not always dominate the overall sound of the group.

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NEW SECTION
WAC 170-296A-6025   Prohibited interactions.   In the presence of the children in care the licensee and staff must not:

     (1) Use profanity, obscene language, "put downs," or cultural or racial slurs;

     (2) Have angry or hostile interactions;

     (3) Use name calling or make derogatory, shaming or humiliating remarks; or

     (4) Use or threaten to use any form of physical harm or inappropriate discipline, such as, but not limited to:

     (a) Spanking children;

     (b) Biting, jerking, kicking, hitting, or shaking;

     (c) Pulling hair;

     (d) Pushing, shoving or throwing a child; or

     (e) Inflicting pain or humiliation as a punishment.

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NEW SECTION
WAC 170-296A-6050   Guidance and discipline.   The licensee and staff must use consistent, fair and positive guidance and discipline methods. These methods must be appropriate to the child's developmental level, abilities, culture and are related to the child's behavior.

     (1) Only the licensee or primary staff person trained in the licensee's expected standards may discipline a child in care.

     (2) The licensee is responsible for developing a written policy including:

     (a) Setting standards for guidance and discipline;

     (b) Communicating to parents, guardians, and children in care what the policy is;

     (c) Training staff and volunteers in the standards of guidance and discipline policy; and

     (d) Any disciplinary actions by the licensee or staff that occur during child care hours.

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NEW SECTION
WAC 170-296A-6075   Positive options for discipline.   The licensee and staff must use positive guidance methods. The guidance methods may include any of the following:

     (1) Distracting;

     (2) Redirecting;

     (3) Planning ahead to prevent problems;

     (4) Encouraging appropriate behavior;

     (5) Explaining consistent, clear rules;

     (6) Allowing children to be involved in solving problems; and

     (7) Explaining to the child the reasonable and age appropriate natural and logical consequences related to the child's behaviors.

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NEW SECTION
WAC 170-296A-6100   Separating a child from the group.   (1) The licensee or staff may separate a child three years or older from other children as a form of discipline only long enough to allow the child to regain control of him or her self. The child must remain under the direct supervision of the licensee or primary staff person.

     (2) The licensee or primary staff must:

     (a) Take into account the child's developmental level and ability to understand the consequences of his or her actions;

     (b) Communicate to the child the reason for being separated from the other children;

     (c) Not discipline any child by separating the child from the group and placing him or her in a closet, a bathroom, a locked room, outside or in unlicensed space; or

     (d) Not use high chairs, car seats and other confining space or equipment for the purpose of punishment or restricting a child's movements.

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NEW SECTION
WAC 170-296A-6125   Preventing harmful or aggressive acts.   The licensee and staff must:

     (1) Take steps to protect children from the harmful acts of other children; and

     (2) Immediately intervene when a child becomes physically aggressive.

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NEW SECTION
WAC 170-296A-6150   Prohibited actions.   The licensee, staff or a household member must not:

     (1) Restrict a child's breathing;

     (2) Deprive a child of:

     (a) Sleep, food, clothing or shelter;

     (b) Needed first aid; or

     (c) Required or emergency medical or dental care;

     (3) Interfere with a child's ability to take care of his or her own hygiene and toileting needs; or

     (4) Withhold hygiene care, toileting care or diaper changing to any child unable to provide such care for him or herself.

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NEW SECTION
WAC 170-296A-6175   Using alternate methods before using physical restraint.   (1) The licensee must train primary staff on alternate methods to use before using physical restraint.

     (2) Before using physical restraint, the licensee and staff must first use other methods described in WAC 170-296A-6075 to redirect or de-escalate a situation.

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NEW SECTION
WAC 170-296A-6200   Physical restraint -- Prohibited uses or methods.   The licensee, staff, or household members must not use:

     (1) Physical restraint as a form of punishment or discipline;

     (2) Mechanical restraints including, but not limited to, handcuffs and belt restraints;

     (3) Locked time-out or isolation space;

     (4) Bonds, ties, tape, or straps to restrain a child; or

     (5) Physical restraint techniques that restrict breathing or inflict pain. These include, but are not limited to:

     (a) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs;

     (b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

     (c) Arm twisting;

     (d) Hair holds;

     (e) Choking or putting arms around the throat; or

     (f) Chemical restraint such as mace or pepper spray.

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NEW SECTION
WAC 170-296A-6225   Physical restraint -- holding method allowed.   When a child's behavior makes it necessary for his or her own or other's protection, the licensee or primary staff may restrain the child, by holding the child as gently as possible. A child must not be physically restrained longer than necessary to control the situation.

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NEW SECTION
WAC 170-296A-6250   Notice and documenting use of physical restraint.   If physical restraint is used the licensee must:

     (1) Report use of physical restraint to the child's parent or guardian and the department as required under WAC 170-296A-2250;

     (2) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate;

     (3) Document the incident in the child's file; and

     (4) Develop a safety plan with the licensor if required by the department.

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NEW SECTION
WAC 170-296A-6275   Abuse and neglect -- Protection and training.   (1) The licensee and staff must:

     (a) Protect children in child care from all forms of child abuse or neglect as defined in RCW 26.44.020; and

     (b) Report suspected or actual abuse or neglect as required under RCW 26.44.030 to DSHS children's administration intake (child protective services) or law enforcement.

     (2) The licensee must provide training for staff, volunteers and household members on:

     (a) Prevention of child abuse and neglect as defined in RCW 26.44.020; and

     (b) Mandatory reporting requirements under RCW 26.44.030.

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PROGRAM
NEW SECTION
WAC 170-296A-6400   Off-site activities -- Parent or guardian permission.   The licensee must:

     (1) Have written permission from the parent or guardian prior to the child engaging in off-site activities. The written permission must be kept in the child's file.

     (2) Have a separate permission for activities that occur less often than once per calendar month.

     (3) Inform parents of planned off-site activities at least twenty-four hours before the activity.

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NEW SECTION
WAC 170-296A-6425   Off-site activity supervision.   When on an off-site activity, the licensee and staff responsible for the care of the children must at all times provide supervision, and be able to promptly assist or redirect the children's activities.

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NEW SECTION
WAC 170-296A-6450   Off-site activity -- Emergency information and supplies.   When on an off-site activity, the licensee must have available:

     (1) An emergency consent form for each child that includes:

     (a) Emergency contact information;

     (b) Permission to obtain medical treatment for the child in the event of a medical emergency;

     (c) A list of the child's allergies, if applicable; and

     (d) Permission to administer medications, if applicable.

     (2) A working cellular phone or other telecommunication device, and inform parents how to contact the licensee or staff; and

     (3) Emergency supplies, including:

     (a) A first aid kit; and

     (b) Each child's required medication or emergency medicine, if applicable.

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NEW SECTION
WAC 170-296A-6475   Transportation.   When transporting children the licensee, staff, and volunteers must:

     (1) Follow RCW 46.61.687 and other applicable law regarding child restraints and car seats;

     (2) Carry in the vehicle all items required under WAC 170-296A-6450 and a current copy of each child's completed enrollment form;

     (3) Maintain the vehicle in safe operating condition;

     (4) Have a valid driver's license;

     (5) Have a current insurance policy that covers the driver, the vehicle, and all occupants;

     (6) Take attendance each time children are getting in or getting out of the vehicle;

     (7) Never leave children unattended in the vehicle; and

     (8) Maintain required staff-to-child ratio and capacity.

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NEW SECTION
WAC 170-296A-6500   Using public transportation.   The licensee may transport children using public transportation, provided that children are supervised at all times and required staff-to-child ratios are maintained. The licensee or staff must not allow or send children on public transportation unsupervised.

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NEW SECTION
WAC 170-296A-6525   Transporting children -- Limited periods.   The licensee must not transport children for periods of more than two hours per day on a regular and ongoing basis.

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NEW SECTION
WAC 170-296A-6550   Developmental activities.   (1) The licensee must have and post a typical daily schedule that includes program activities.

     (2) The typical daily schedule must include:

     (a) Hours of operation;

     (b) Types of activities, including screen time;

     (c) General timelines for activities;

     (d) Routine transportation times;

     (e) Meal service;

     (f) Rest periods;

     (g) Outdoor times; and

     (h) If applicable, overnight care.

     (3) Evidence of daily activities may be shared or demonstrated through:

     (a) Display;

     (b) Writing; or

     (c) A checklist.

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NEW SECTION
WAC 170-296A-6575   Activities to promote child growth and development.   The licensee must provide activities that support each child's growth and development including:

     (1) Social, emotional and self development;

     (2) Positive self concepts;

     (3) Language and literacy;

     (4) Physical development, including daily opportunities to develop the child's small and large muscles;

     (5) Spatial concepts (for example: size, position); and

     (6) Numeracy (counting and numbers).

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NEW SECTION
WAC 170-296A-6600   Toys and play materials.   The licensee must provide toys, objects, and other play materials that are:

     (1) Washable and clean;

     (2) Nonpoisonous; and

     (3) Large enough to avoid swallowing or choking for infants and toddlers, or children at those developmental levels.

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NEW SECTION
WAC 170-296A-6625   Art materials.   (1) All art materials used by children under the age of three must be labeled nontoxic.

     (2) Art materials without a nontoxic designation may be used by children age three years or older, and must be used under direct supervision and according to the manufacturer's label.

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NEW SECTION
WAC 170-296A-6650   Screen time.   If the licensee or staff provide screen time for children in care, the screen time must:

     (1) Be developmentally and age appropriate;

     (2) Have child-appropriate content; and

     (3) Not have violent or adult content.

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NEW SECTION
WAC 170-296A-6675   Screen time -- Limitations.   The licensee or staff must:

     (1) Limit screen time for any child to less than two hours per day;

     (2) Not require children to participate in screen time;

     (3) Provide alternative activities to screen time; and

     (4) Place children at least three feet from a television screen.

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NEW SECTION
WAC 170-296A-6700   Limiting screen time for children under two.   The licensee must minimize exposure to screen time for any child under the age of two by:

     (1) Providing alternative activities for the child;

     (2) Moving the child away from direct view of the screen; and

     (3) Positioning the child so the child is not able to view the screen.

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NEW SECTION
WAC 170-296A-6725   Special needs accommodations.   The provisions of this section apply to any requirement in this chapter.

     (1) The department may approve accommodations to requirements in these rules for the special needs of an individual child when:

     (a) The licensee submits to the department a written plan, signed by the parent or guardian, that describes how the child's needs will be met in the licensed child care; and

     (b) The licensee has supporting documentation of the child's special needs provided by a licensed or certified:

     (i) Physician or physician's assistant;

     (ii) Mental health professional;

     (iii) Education professional;

     (iv) Social worker with a bachelors degree or higher degree with a specialization in the individual child's needs; or

     (v) Registered nurse or advanced registered nurse practitioner.

     (2) The documentation described in subsection (2) of this section must be in the form of an:

     (a) Individual education plan (IEP);

     (b) Individual health plan (IHP); or

     (c) Individual family plan (IFP).

     (3) The licensee's written plan and all documentation required under this section must be kept in the child's file and a copy submitted to the department.

     (4) See WAC 170-296A-5650 regarding supervision, capacity, and staff-to-child ratios for children with documented special needs.

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NEW SECTION
WAC 170-296A-6775   Diversity.   The licensee must:

     (1) Provide an environment that reflects each child's daily life, family culture and language.

     (2) Describe or demonstrate to the licensor, or have a written plan for how:

     (a) The licensee will discuss with parents how the child care reflects that child's daily life and family's culture or language; and

     (b) The child care environment reflects the diversity in society.

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NEW SECTION
WAC 170-296A-6800   Rest periods.   (1) The licensee must offer a daily supervised rest period for children.

     (2) The supervised rest period must be:

     (a) Offered to all children five years of age and younger who remain in care more than six hours;

     (b) Offered to any child who shows a need for rest; and

     (c) A minimum of thirty minutes but not more than two hours, unless the child is under twenty-four months old.

     (3) The licensee must:

     (a) Not force a child to sleep;

     (b) Provide quiet activities for the children who do not require rest. These activities must be offered with a minimum of disruption to sleeping children; and

     (c) Communicate with the parent or guardian about the child's sleep needs and patterns.

     (4) See WAC 170-296A-3725 through 170-296A-3825 regarding sleeping equipment and bedding requirements.

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NEW SECTION
WAC 170-296A-6850   Overnight care.   If the licensee provides overnight child care:

     (1) The licensee or primary staff person must be awake until all children in care are asleep;

     (2) The licensee or a primary staff person must be on the same level of the home as the children in care;

     (3) The licensee or primary staff person must maintain required staff-to-child ratios; and

     (4) The daily schedule under WAC 170-296A-6550 must include evening or overnight care.

     See WAC 170-296A-3725 through 170-296A-3825 regarding sleeping equipment and bedding requirements.

     See WAC 170-296A-4400 and 170-296A-4425 regarding door alarms, night latches, deadbolts, and security chains.

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INFANT CARE
NEW SECTION
WAC 170-296A-7000   Wheeled baby walkers prohibited.   The licensee must not use or allow the use of wheeled baby walkers in the child care during operating hours.

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NEW SECTION
WAC 170-296A-7025   Infant "tummy time" positioning.   When infants are awake, the licensee or staff must allow each infant tummy time daily. As used in this section, "tummy time" means placing the infant in a prone position, lying on his or her stomach.

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NEW SECTION
WAC 170-296A-7050   Infant and toddler supervision.   (1) The licensee or a primary staff person must be within sight and hearing of infants and toddlers in the licensed indoor or outdoor space, or during any off-site activity when infants or toddlers in care are present.

     (2) When infants or toddlers are indoors, the licensee or primary staff person must be within sight and hearing. The licensee or primary staff person may be in sight or hearing range for brief periods of time while the licensee or primary staff person attends to toileting, medical, or other personal needs on the premises.

     (3) A baby monitor or video monitor must not be used in place of direct supervision of children.

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NEW SECTION
WAC 170-296A-7075   Infant sleeping or napping.   (1) The licensee must:

     (a) Provide and use a single level crib, toddler bed, playpen or other sleeping equipment for each infant or toddler in care that is safe and not subject to tipping. The equipment must be of a design approved for infants or toddlers by the U.S. Consumer Product Safety Commission (see WAC 170-296A-3760 regarding approved cribs).

     (b) Provide sleeping or napping equipment with clean, firm, and snug-fitting mattresses that do not have tears or holes or is repaired with tape.

     (c) Provide mattresses covered with waterproof material that is easily cleaned and sanitized.

     (i) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water.

     (ii) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

     (d) Arrange sleeping equipment to allow staff access to children;

     (e) Remove sleeping children from car seats, swings or similar equipment; and

     (f) Consult with a child's parent or guardian before the child is transitioned from infant sleeping equipment to other approved sleeping equipment.

     (2) Children that may climb out of their sleeping equipment must be transitioned to an alternate sleeping surface.

     (3) If a crib with vertical slats is used, the slats must be spaced not more than two and three-eighths inches apart.

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NEW SECTION
WAC 170-296A-7100   Infant supervision -- Procedures to reduce the risk of sudden infant death syndrome (SIDS).   To reduce the risk of sudden infant death syndrome (SIDS), the licensee or staff must:

     (1) Place an infant to sleep on his or her back. If the infant has turned over while sleeping, the infant does not need to be returned to his or her back;

     (2) Place an infant in sleeping equipment that has a snug-fitting mattress and a tight-fitting sheet;

     (3) Not allow soft fluffy bedding, stuffed toys, pillows, crib bumpers and similar items in the infant sleeping equipment;

     (4) Not cover an infant's head and face during sleep;

     (5) Take steps so infants do not get too warm during sleep; and

     (6) Place the infant in another sleeping position other than on their backs if required by a written directive or medical order from the infant's health care provider. This directive or medical order must be in the infant's file.

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NEW SECTION
WAC 170-296A-7125   Infant bottles.   The licensee must:

     (1) If heating a bottle, heat the bottle in warm water that is not warmer than one hundred twenty degrees Fahrenheit;

     (2) Not use a microwave oven to warm the contents of a bottle;

     (3) Clean and sanitize bottles and nipples before each use;

     (4) Keep bottle nipples covered if bottles are prepared ahead, and label the bottle with the date it was prepared;

     (5) Not allow infants to share bottles or infant cups;

     (6) Have a method to identify the individual child's bottle or cup;

     (7) Keep the contents of a child's bottle inaccessible to other children; and

     (8) Throw away milk (except breast milk) or formula if it has been sitting at room temperature for more than one hour.

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NEW SECTION
WAC 170-296A-7150   Breast milk.   When breast milk is provided for a child, the licensee must:

     (1) Label the contents with the child's name and date the milk was brought to the child care;

     (2) Store frozen breast milk at ten degrees Fahrenheit or less;

     (3) Thaw breast milk in the refrigerator, under warm running water, or in warm water that is not warmer than one hundred twenty degrees Fahrenheit;

     (4) Never thaw or heat breast mild in a microwave oven or on the stove;

     (5) Keep frozen breast milk for no more than two weeks; and

     (6) Use frozen breast milk within twenty-four hours after thawing; and

     (7) Throw away breast milk if it has been sitting at room temperature for more than two hours.

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NEW SECTION
WAC 170-296A-7175   Bottle feeding infants.   (1) When bottle feeding, the licensee or staff must:

     (a) Test the bottle contents before feeding, to avoid scalding or burning the infant's mouth;

     (b) Hold infants when bottle feeding;

     (c) Not prop bottles when feeding an infant; and

     (d) Not give a bottle or cup to an infant who is lying down.

     (2) When an infant can hold his or her own bottle, the licensee or staff must:

     (a) Place the infant in a semi-reclining or upright position during bottle feeding; and

     (b) Be in the same room within visual range of the infant during feeding.

     (3) The licensee or staff must take the bottle from the infant when the child finishes feeding.

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NEW SECTION
WAC 170-296A-7200   Feeding solid food to infants.   (1) The licensee must consult with and have approval from an infant's parent or guardian before introducing solid food to the infant.

     (2) When serving infants solid food the licensee or staff must:

     (a) Sit the infant in a semi-reclining or upright position;

     (b) Not allow infants to share the same dish or utensil;

     (c) Stir and test for safe temperature after heating food and before serving;

     (d) Throw away any uneaten food from the serving container;

     (e) Serve solid food by utensil or let the child feed themselves; and

     (f) Feed the infant on demand unless the parent or guardian gives written instructions for an alternative feeding schedule.

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NEW SECTION
WAC 170-296A-7225   High chairs.   (1) If the licensee uses high chairs in the child care, each high chair must:

     (a) Have a base that is wider than the seat;

     (b) Have a safety device that prevents the child from climbing or sliding down the chair;

     (c) Be free of cracks and tears; and

     (d) Have a washable surface.

     (2) When a child is seated in a high chair, the chair's safety device must be used to secure the child.

     (3) The licensee or staff must clean and sanitize high chairs after each use.

     (a) If a bleach solution is used to sanitize, the solution must be one-quarter teaspoon of bleach to one quart of cool water.

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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NEW SECTION
WAC 170-296A-7250   Diapering and toileting.   (1) The licensee must provide a diaper changing area that is separate from any area where food is stored, prepared or served.

     (2) The diaper changing area must:

     (a) Have a sink with hot and cold running water close to the diaper changing area. The sink must not be used for food preparation and clean up;

     (b) Have a sturdy, easily cleanable mat with a surface large enough to prevent the area underneath from being contaminated with bodily fluids; and

     (c) Be cleaned and sanitized between each use:

     (i) If a bleach solution is used to sanitize, the solution must be one tablespoon of bleach to one quart of cool water;

     (ii) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

     (3) A nonabsorbent, disposable covering that is discarded after each use may be used on the diaper changing mat.

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NEW SECTION
WAC 170-296A-7275   Diaper disposal.   (1) The licensee must provide a container specifically for diaper disposal that is not used for other household trash. The diaper disposal container must:

     (a) Have a tight cover;

     (b) Be lined with a disposable plastic trash bag; and

     (c) Be within arm's reach of the diaper changing area.

     (2) If disposable diapers are used, the diaper disposal container must be emptied to the outside garbage can or container daily.

     (3) If cloth diapers are used, the diapers must be:

     (a) Kept in the diaper disposal container until picked up by the diaper service; or

     (b) Placed in a securely closed plastic bag and sent home with the child daily.

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NEW SECTION
WAC 170-296A-7300   Diaper changing.   (1) The licensee or staff must:

     (a) Check diapers at least every two hours;

     (b) Change the diaper when necessary, or whenever the child indicates discomfort;

     (c) Attend to the child at all times when diapering a child;

     (d) Not rinse soiled diapers; and

     (e) Place soiled diapers directly into a diaper waste container.

     (2) Diapers used must be:

     (a) Disposable; or

     (b) Cloth diapers supplied by a commercial diaper service; or

     (c) Reusable cloth diapers supplied by the child's family.

     (3) When cloth diapers are used a washable barrier must be used between the diaper and the child's clothes.

     (4) The licensee or staff must wash their hands and the child's hands immediately after diapering a child.

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NEW SECTION
WAC 170-296A-7350   Toilet training.   The licensee must discuss toilet training with the child's parent or guardian when a child is ready for training. The licensee or staff must use:

     (1) Positive reinforcement;

     (2) Culturally sensitive methods;

     (3) Developmentally appropriate methods; and

     (4) A routine developed in agreement with the parent or guardian.

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NEW SECTION
WAC 170-296A-7375   Potty chairs or modified toilet seats.   (1) When potty chairs are used, the licensee or staff must immediately after each use:

     (a) Empty the potty chair into the toilet; and

     (b) Clean and sanitize the potty chair.

     (2) The floor under the potty chairs must be made of a material that is resistant to moisture.

     (3) When a modified toilet seat is used, it must be cleaned and sanitized daily or more often when soiled.

     (4)(a) If a bleach solution is used to sanitize, the solution must be one tablespoon of bleach to one quart of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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FOOD SERVICE AND NUTRITION
NEW SECTION
WAC 170-296A-7500   Food must meet USDA guidelines.   The licensee must provide meals and snack foods to children in care according to the March 2007 edition of the U.S. Department of Agriculture (USDA) - creditable food guide, child and adult care food program charts for the ages of children in the licensee's care. The food program charts are available on-line at http://www.k12.wa.us/ChildNutrition/pubdocs/CreditableFoodsGuideMAR2007FINAL.pdf.

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NEW SECTION
WAC 170-296A-7525   Parent or guardian-provided food.   (1) A parent or guardian may provide alternative food for their child if a written food plan is completed and signed by the parent or guardian and the licensee. This written food plan includes accommodations for:

     (a) The child's medical needs;

     (b) Special diets;

     (c) Religious or cultural preference; or

     (d) Family preference.

     (2) The licensee must supplement the food provided by the parent or guardian with foods listed in the USDA creditable food guide foods if the food provided by the parent or guardian does not meet the nutritional needs of the child.

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NEW SECTION
WAC 170-296A-7550   Home canned foods.   The licensee must not serve home canned foods due to the risk of botulism poisoning.

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NEW SECTION
WAC 170-296A-7575   Drinking water.   The licensee must supply safe drinking water for the children in care. Drinking water must be served in a safe and sanitary manner and be available throughout the day. See WAC 170-296A-1400 for water testing requirements for a family home child care that receives its drinking water from a private well and water system.

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NEW SECTION
WAC 170-296A-7600   Serving milk.   The licensee must serve milk according to the ages of the children in care. The licensee is responsible to serve:

     (1) Breast milk or formula to children from birth to twelve months old, or until the parent or guardian is ready for their child to be served whole pasteurized milk.

     (2) Whole pasteurized milk to children from twelve months through twenty-four months old if the child is ready to be served whole milk.

     (3) Pasteurized milk or pasteurized milk product to children over twenty-four months old.

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NEW SECTION
WAC 170-296A-7625   Meal and snack schedule.   The licensee must offer meals and snacks to the children at intervals of at least two hours apart and no more than three hours unless the child is asleep.

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NEW SECTION
WAC 170-296A-7650   Serving foods.   (1) The licensee or staff may:

     (a) Serve each child individually; or

     (b) Serve family style in serving containers that allow each child the opportunity to serve themselves.

     (2) The licensee or staff must:

     (a) Stir and test for safe temperature any heated food before serving;

     (b) Closely supervise all children when eating;

     (c) Not force or shame a child to eat or try any food;

     (d) Not punish a child for refusing to try or eat foods;

     (e) Serve meals in a safe and sanitary manner and be respectful of each child's cultural food practices; and

     (f) Sit with children during meals when possible.

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NEW SECTION
WAC 170-296A-7675   Food handler permits.   (1) New license applicants must obtain a current state food handler permit prior to being licensed.

     (2) By (one year after the effective date of this section) every licensee must obtain and maintain a current state food handler permit.

     (3) When the licensee is not present, one staff person with a current state food handler permit must be present whenever food is prepared or served to children in care.

     (4) The licensee must keep a copy of each individual's food handler permit on file.

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NEW SECTION
WAC 170-296A-7680   Safe food handling.   (1) The licensee and staff must follow the safe food storage, preparation, cooking, holding proper temperature, and serving guidelines in the current edition of the food workers manual prepared by the state department of health.

     (2) The licensee and staff must:

     (a) Wash their hands prior to preparing food and after handling raw meats, poultry, or fish; and

     (b) Not prepare food when ill with vomiting or diarrhea.

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NEW SECTION
WAC 170-296A-7700   Washing dishes.   The licensee or staff must wash dishes thoroughly after each use by one of the following methods:

     (1) Automatic dishwasher; or

     (2) Handwashing method, by emersion in hot soapy water, rinse, sanitize and air dry:

     (a) If a bleach solution is used to sanitize, the solution must be one teaspoon of bleach to one gallon of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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NEW SECTION
WAC 170-296A-7725   Food containers and utensils.   (1) The licensee must not use or allow plastic containers to be used to cook or reheat food in a microwave oven, unless the container is certified by the manufacturer as made without the chemical bisphenol-A.

     (2) The licensee may use disposable serving containers, dishes and utensils that are sturdy, used only once and thrown away after use.

     (3) The licensee must keep sharp utensils and other utensils that may cause serious injury or a choking hazard inaccessible to children when the utensils are not in use.

     (4) The licensee must not serve food to infants or toddlers using polystyrene (styrofoam) cups, bowls and plates.

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NEW SECTION
WAC 170-296A-7750   Food preparation area.   (1) The licensee or staff must clean and sanitize food preparation and eating surfaces before and after use. The licensee's food preparation area must:

     (a) Have surfaces that are free of cracks and crevices; and

     (b) Have a floor area made of a material that is resistant to moisture.

     (2) The licensee must not allow pets in the food preparation area while food is being prepared or served.

     (3) The licensee may use the kitchen for other child care activities provided there is continual supervision of the children.

     (4)(a) If a bleach solution is used to sanitize surfaces, the solution must be one teaspoon of bleach to one gallon of cool water;

     (b) If another sanitizer product is used, it must be used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, and adequate time to allow the product to dry.

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ENFORCEMENT OF LICENSING STANDARDS
NEW SECTION
WAC 170-296A-8000   Facility licensing compliance agreements.   At the department's discretion, when a licensee is in violation of this chapter or chapter 43.215 RCW, a facility licensing compliance agreement may be issued in lieu of the department taking enforcement action.

     (1) The facility licensing compliance agreement contains:

     (a) A description of the violation and the rule or law that was violated;

     (b) A statement from the licensee regarding proposed plan to comply with the rule or law;

     (c) The date the violation must be corrected;

     (d) Information regarding other licensing action that may be imposed if compliance does not occur by the required date; and

     (e) Signature of the licensor and licensee.

     (2) The licensee must return a copy of the completed facility license compliance agreement to the department by the date indicated when corrective action has been completed.

     (3) The licensee may request a supervisory review regarding the violation of rules or laws identified on the facility license compliance agreement.

     (4) A facility license compliance agreement is not subject to appeal under chapter 170-03 WAC.

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NEW SECTION
WAC 170-296A-8010   Nonreferral status.   In addition to or in lieu of an enforcement action under this chapter, the department may place a family home child care on nonreferral status as provided in RCW 43.215.300(4).

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NEW SECTION
WAC 170-296A-8025   Time period for correcting a violation.   The length of time the licensee has to make the corrections depends on:

     (1) The seriousness of the violation;

     (2) The potential threat to the health, safety and well-being of the children in care; and

     (3) The number of times the licensee has violated rules in this chapter or requirements under chapter 43.215 RCW.

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NEW SECTION
WAC 170-296A-8050   Civil monetary penalties (fines).   A civil monetary penalty (fine) may be imposed when the licensee violates a rule in this chapter or a requirement in chapter 43.215 RCW.

     (1) A fine of seventy-five dollars per day may be imposed for each violation.

     (2) The fine may be assessed and collected with interest for each day a violation occurs.

     (3) A fine may be imposed in addition to other action taken against the license including probation, suspension, revocation or denial of a license renewal.

     (4) At the department's discretion, the fine may be withdrawn or reduced if the licensee comes into compliance during the notification period in WAC 170-296A-8075.

     (5) When a fine is assessed the licensee has the right to a hearing under chapter 170-03 WAC. The fine notice will include information about the licensee's hearing rights and how to request a hearing.

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NEW SECTION
WAC 170-296A-8060   When fines are levied.   The department may base a fine for violation of a rule under this chapter or a requirement in chapter 43.215 RCW, according to whether the licensee:

     (1) Has allowed the existence of any condition that creates a serious safety and health risk;

     (2) Or any staff person or household member uses corporal punishment or humiliating methods of control or discipline;

     (3) Or any staff person fails to provide the required supervision;

     (4) Fails to provide required light, ventilation, sanitation, food, water, or heating;

     (5) Provides care for more than the highest number of children permitted by the license; or

     (6) Repeatedly fails to follow the rules in this chapter or the requirements in chapter 43.215 RCW. As used in this section, "repeatedly" means a violation that has been the subject of a facility license compliance agreement that occurs more than once in a twelve-month time period.

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NEW SECTION
WAC 170-296A-8075   Fines -- Payment period.   A fine must be paid within twenty-eight calendar days after the licensee receives the notice unless:

     (1) The department approves a payment plan if requested by the licensee; or

     (2) The licensee requests a hearing as provided in RCW 43.215.307(3).

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NEW SECTION
WAC 170-296A-8100   Notice of fine -- Posting.   The licensee must post the department letter notifying the licensee of a final notice of a civil penalty:

     (1) Immediately upon receipt;

     (2) In the licensed space where it is clearly visible to parents and guardians; and

     (3) For two weeks or until the violation causing the fine is corrected, whichever is longer.

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NEW SECTION
WAC 170-296A-8125   Failure to pay a fine -- Department action.   If the licensee fails to pay a fine within twenty-eight calendar days after the fine assessment becomes final the department may suspend, revoke or not renew the license.

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NEW SECTION
WAC 170-296A-8150   Denial, suspension, revocation or modification of a license.   A license may be denied, suspended, modified or revoked when the licensee fails to comply with the requirements in this chapter or any provisions of chapter 43.215 RCW.

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NEW SECTION
WAC 170-296A-8175   Violations that will result in enforcement action.   The department will deny, suspend or revoke a license when:

     (1) The licensee is unable to provide the required care for the children in a way that promotes their health, safety and well-being;

     (2) The licensee is disqualified under chapter 170-06 WAC (DEL background check rules);

     (3) The licensee or household member has been found to have committed child abuse or child neglect;

     (4) The licensee has been found to allow staff or household members to commit child abuse or child neglect; or

     (5) The licensee has a current charge or conviction for a disqualifying crime under WAC 170-06-0120.

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NEW SECTION
WAC 170-296A-8200   Violations or conditions that may result in enforcement action.   The department may deny, suspend or revoke a license when:

     (1) There is an allegation of child abuse or neglect against the licensee, staff, or household member;

     (2) The licensee fails to report to DSHS children's administration intake or law enforcement any instances of alleged child abuse or child neglect;

     (3) The licensee tries to obtain or keep a license by deceitful means, such as making false statements or leaving out important information on the application;

     (4) The licensee commits, permits or assists in an illegal act at the child care premises;

     (5) The licensee uses illegal drugs, alcohol in excess, or abuses prescription drugs;

     (6) The licensee knowingly allowed a staff or household member to make false statements on employment or background check application related to their suitability or competence to provide care;

     (7) The licensee fails to provide the required level of supervision for the children in care;

     (8) The licensee cares for more children than the maximum number stated on the license;

     (9) The licensee refuses to allow department authorized staff access during child care operating hours to:

     (a) Requested information;

     (b) The licensed space;

     (c) Child, staff, or program files; or

     (d) Staff and children in care.

     (10) The licensee is unable to manage the property, fiscal responsibilities or staff in the facility;

     (11) The licensee cares for children outside the ages stated on the license;

     (12) A staff person or a household member residing in the licensed home is disqualified under chapter 170-06 WAC (DEL background check rules);

     (13) The licensee, staff person, or household member residing in the licensed home has a current charge or conviction for a crime described in WAC 170-06-0120;

     (14) A household member residing in the licensed home had a license to care for children or vulnerable adults denied or revoked;

     (15) The licensee does not provide the required number of qualified staff to care for the children in attendance; or

     (16) The department is in receipt of information that the licensee has failed to comply with any requirement described in WAC 170-296A-1420.

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NEW SECTION
WAC 170-296A-8225   Notice of license denial, suspension, revocation, or modification.   (1) The department notifies the licensee of the denial, suspension, revocation, or modification of the license by sending a certified letter or by personal service.

     (2) The letter contains information on what the licensee may do if the licensee disagrees with the decision to deny, suspend, revoke, or modify the license.

     (3) The licensee has a right to appeal the denial, suspension, revocation or modification of the license. The department notice will include information on hearing rights and how to request a hearing.

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NEW SECTION
WAC 170-296A-8250   Probationary license.   A probationary license as provided in RCW 43.215.290 may be issued as part of a corrective action plan.

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NEW SECTION
WAC 170-296A-8275   Probationary license -- Cause.   A department decision to issue a probationary license must be based on the following:

     (1) Negligent or intentional noncompliance with the licensing rules;

     (2) A history of noncompliance with the licensing rules;

     (3) Current noncompliance with the licensing rules; or

     (4) Any other factors relevant to the specific situation.

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NEW SECTION
WAC 170-296A-8300   Issuing a probationary license.   When the department issues a probationary license, the licensee must:

     (1) Provide the parents and guardians of enrolled children notice of the probationary license in a department approved format within five working days of the licensee receiving the probationary license;

     (2) Provide documentation to the department that parents or guardians of enrolled children have been notified;

     (3) Inform new parent or guardians of the probationary status before enrolling new children;

     (4) Post documentation of the approved written probationary license as required by RCW 43.215.525; and

     (5) Return the licensee's full license to the department.

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NEW SECTION
WAC 170-296A-8325   Refusing a FLCA or probationary license.   (1) The licensee has the right to:

     (a) Refuse or refuse to sign a facility licensing compliance agreement; or

     (b) Refuse to agree to a probationary license.

     (2) Refusing a facility license compliance agreement or probationary license may result in one of the following enforcement actions:

     (a) Modification of the license;

     (b) Denial of a renewal license;

     (c) Suspension of the license; or

     (d) Revocation of the license.

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NEW SECTION
WAC 170-296A-8350   Providing unlicensed care -- Notice.   (1) If the department determines that an individual is providing unlicensed child care in his or her home, the department will send the individual written notice within ten calendar days to explain:

     (a) Why the department suspects that the individual is providing child care without a license;

     (b) That a license is required and why;

     (c) That the individual must immediately stop providing child care;

     (d) That if the individual wishes to obtain a license, within thirty calendar days from the date of the department's notice in this subsection (1) the individual must submit a written agreement, on a department form, stating that he or she agrees to:

     (i) Attend the next available department child care licensing orientation; and

     (ii) Submit a child care licensing application after completing orientation; and

     (e) That the department has the authority to issue a fine of (the dollar amount provided in law) per day for each day that the individual continues to provide child care without a license.

     (2) The department's written notice in subsection (1) of this section must inform the individual providing unlicensed child care:

     (a) How to respond to the department;

     (b) How to apply for a license;

     (c) How a fine, if issued, may be suspended or withdrawn if the individual applies for a license;

     (d) That the individual has a right to request an adjudicative proceeding (hearing) if a fine is assessed; and

     (e) How to ask for a hearing.

     (3) If an individual providing unlicensed child care does not submit an agreement to obtain a license as provided in subsection (1)(d) of this section within thirty calendar days from the date of the department's written notice, the department will post information on its web site that the individual is providing child care without a license.

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NEW SECTION
WAC 170-296A-8375   Unlicensed care -- Fines and other penalties.   A person providing unlicensed child care may be:

     (1) Assessed a fine of (the dollar amount provided by law) a day for each day unlicensed child care is provided;

     (2) Guilty of a misdemeanor; or

     (3) Subject to an injunction.

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NEW SECTION
WAC 170-296A-8400   Hearing process.   (1) Department notice of an enforcement action includes information about the individual's or licensee's right to request an adjudicative proceeding (hearing) and how to request a hearing.

     (2) The hearing process is governed by chapter 34.05 RCW Administrative Procedure Act, applicable sections of chapter 43.215 RCW department of early learning, and chapter 170-03 WAC, DEL hearing rules.

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