WSR 15-14-104
[Filed June 30, 2015, 12:41 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-007.
Title of Rule and Other Identifying Information: WAC 170-296A-1800 Ongoing training, 170-296A-1975 Licensee/staff qualifications and requirements table, 170-296A-2075 Licensee and staff records, 170-296A-2375 Parent/guardian policies (handbook), 170-296A-2425 Staff policies, 170-296A-7075 Infant and toddler sleeping or napping equipment, and 170-296A-7100 Infant care procedures to reduce the risk of sudden infant death syndrome (SIDS).
Hearing Location(s): Department of Early Learning (DEL), Olympia Office, 1110 Jefferson Street S.E., Olympia, WA 98501, on August 4, 2015, at 12 p.m.
Date of Intended Adoption: Not earlier than August 4, 2015.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail, fax (360) 586-0533, by August 4, 2015.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by July 21, 2015, (360) 725-4523.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update health and safety standards relating to safe sleep practices for infants napping or sleeping in licensed child care settings.
Reasons Supporting Proposal: Rule making is needed to update licensing rules pertaining to safe sleep practices in order to reduce sleep related incidents in licensed child care settings.
Statutory Authority for Adoption: RCW 43.215.060, 43.215.070, chapter 43.215 RCW.
Statute Being Implemented: Chapter 43.215 RCW.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Mary Kay Quinlan, Licensing Administrator, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 407-1953; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
June 30, 2015
Heather Moss
Deputy Director
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-1800 Ongoing training.
(1) The licensee and each primary staff person must complete ten hours of department approved ongoing training each year. The training may include:
(a) Licensee's or primary staff person's choice; and
(b) Department directed training to include infant safe sleep training when licensee is licensed to care for infants.
(2) The licensee must complete the ongoing training requirement each year prior to continuing a nonexpiring full license.
(3) A primary staff person must complete the ongoing training requirement each year beginning from the date of initial employment.
(4) A licensee who exceeds the ten-hour ongoing training requirement in any year may carry over up to five hours of ongoing training toward meeting the next year's requirement. This does not include the required infant safe sleep training.
AMENDATORY SECTION (Amending WSR 15-01-045, filed 12/9/14, effective 1/9/15)
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
High school diploma or equivalent
TB test
DEL orientation
Ongoing training 10-hours per year
To include infant safe sleep if applicable
Fire safety training
First aid/ CPR
Food handler permit
Primary staff person
See WAC 170-296A-7675(3) regarding when other staff must have a food handler permit
Assistant/ volunteer
Noncriminal background check only age 14-15
See WAC 170-296A-7675(3) regarding when other staff must have a food handler permit
AMENDATORY SECTION (Amending WSR 15-01-045, filed 12/9/14, effective 1/9/15)
WAC 170-296A-2075 Licensee and staff records.
Records on file for the licensee and each staff person must include documentation of:
(1) Current first aid and infant, child and adult CPR training certification;
(2) HIV/AIDS 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;
(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 for the licensee's and primary staff person only of:
(a) Basic STARS training;
(b) Ongoing training completed that includes department approved infant safe sleep if applicable; and
(c) Registration in MERIT.
(10) Record of training provided by the licensee to staff and volunteers that includes infant safe sleep if applicable; and
(11) Resume for the licensee only.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
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) Parent/guardian access to their child 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. See WAC 170-296A-6550;
(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. See WAC 170-296A-0050;
(9) Fees and payment plans;
(10) Religious activities and how the parent's or guardian's 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)) infant safe sleep practices, feeding, diapering and toilet training;
(16) Reporting suspected child abuse or neglect. See WAC 170-296A-6275;
(17) Food service practices. See WAC 170-296A-7125 through 170-296A-7200, and 170-296A-7500 through 170-296A-7650;
(18) Off-site field trips requirements. See WAC 170-296A-2450;
(19) Transportation requirements. See WAC 170-296A-6475;
(20) Staffing plan. See WAC 170-296A-5600 and 170-296A-5775;
(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. See WAC 170-296A-3575, 170-296A-3600, and 170-296A-2275;
(c) Medication management including storage and giving medications. See WAC 170-296A-3325;
(d) Exclusion/removal policy of ill persons. See WAC 170-296A-3210;
(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, or cleaning and disinfecting procedures including the methods and products used. See WAC 170-296A-3850 through 170-296A-3925 and definitions in WAC 170-296A-0010;
(24) Napping/sleeping;
(25) No smoking policy consistent with WAC 170-296A-4050;
(26) Drug and alcohol policy consistent with 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.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
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 clearances;
(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 that includes infant safe sleep if applicable;
(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) Preventing 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;
(j) Overnight care, if applicable; and
(k) Staff responsibilities if the licensee is absent from the child care operation.
(5) The licensee must keep documentation of all staff training on policies.
AMENDATORY SECTION (Amending WSR 12-21-050, filed 10/12/12, effective 11/12/12)
WAC 170-296A-7075 Infant and toddler sleeping or napping equipment.
(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-7085 regarding approved cribs);
(b) Provide sleeping or napping equipment with clean, firm, and snug-fitting ((mattresses that do)) mattress designed specifically for the particular equipment and that does not have tears or holes or is repaired with tape;
(c) Provide mattresses covered with waterproof material that is easily cleaned and sanitized as provided in WAC 170-296A-0010;
(d) Provide the appropriate fitted sheet for the sleeping equipment;
(e) Arrange sleeping equipment to allow staff access to children;
(((e))) (f) Remove sleeping children from car seats, swings or similar equipment; and
(((f))) (g) Consult with a child's parent or guardian before the child is transitioned from infant sleeping equipment to other approved sleeping equipment.
(2) Children able to climb out of their sleeping equipment must be transitioned to an alternate sleeping surface.
AMENDATORY SECTION (Amending WSR 11-23-068, filed 11/14/11, effective 3/31/12)
WAC 170-296A-7100 Infant ((careProcedures to reduce the risk of sudden infant death syndrome (SIDS))) safe sleep practices.
((To reduce the risk of sudden infant death syndrome (SIDS), the licensee or staff must:))
(1) Infant safe sleep practices must be followed when infants are napping or sleeping. The licensee or staff must:
(a) 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))) (b) Place an infant in sleeping equipment ((that has a clean, firm, and snug-fitting mattress and a tight-fitting sheet;
(3))) consistent with WAC 170-296A-7075 and 170-296A-7085;
(c) Not allow ((soft fluffy bedding)) blankets, stuffed toys, pillows, crib bumpers and similar items in the infant sleeping equipment, or allow a blanket to cover or drape over the sleeping equipment;
(((4))) (d) Not cover an infant's head and face during sleep;
(((5))) (e) Take steps so infants do not get too warm during sleep((. If a blanket is used, it must be lightweight and be placed no higher than the infant's chest)) with the infant's arms free; and
(((6))) (f) Not place the infant in another sleeping position other than on their backs, or use a sleep positioning device unless 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.
(2) The licensee must:
(a) Complete annual infant safe sleep training as required in WAC 170-296A-1800; and
(b) Provide and document annual infant safe sleep training for all staff and volunteers as required in WAC 170-296A-2075.
(3) When the department finds the licensee in violation of infant safe sleep practices, the licensee must:
(a) Post the notice of violation in the licensed space as required by RCW 43.215.525 (1)(c); and
(b) Within five working days of receiving notice of the violation, provide the parents and guardians of enrolled children with:
(i) A letter describing the safe sleep violation; and
(ii) Written information on safe sleep practices for infants.