Preproposal statement of inquiry was filed as WSR 16-15-052.
Title of Rule and Other Identifying Information: New chapter 110-16 WAC, License-Exempt care—Family, friend and neighbor (FFN) in-home/relative child care providers: WAC 110-16-0001 Purpose and authority, 110-16-0005 Definitions, 110-16-0010 Provider approval, 110-16-0015 Provider responsibilities, 110-16-0025 Health and safety training, 110-16-0030 Health and safety activities, 110-16-0035 Health and safety practices, and 110-16-0040 Compliance.
Hearing Location(s): On August 23, 2018, at 1:00 p.m., at 1110 Jefferson Street S.E., Cascade Conference Room, Olympia, WA.
Date of Intended Adoption: August 31, 2018.
Submit Written Comments to: Rules Coordinator, P.O. Box 40975, email email@example.com, fax 360-902-7903, https://del.wa.gov/PolicyProposalComment/Detail.aspx, by August 22, 2018.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-902-7956, fax 360-902-7903, email firstname.lastname@example.org, by August 14, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules establish preapproval requirements for license-exempt family members, friends, and neighbors who provide authorized working connections child care (WCCC), health and safety requirements these child care providers must comply with, and the consequences of noncompliance.
Reasons Supporting Proposal: The department of children, youth, and families (DCYF) is the lead agency for administering the federal child care development fund (CCDF program governed by 42 U.S.C. 9858 et seq.). One of DCYF's primary responsibilities as the lead agency is to ensure Washington state complies with all federal requirements necessary for the continued receipt of CCDF funds. The proposed rules comply with the CCDF requirement that DCYF establish design, implement, and enforce requirements to protect the health and safety of children in license-exempt FFN child care.
Rule is necessary because of federal law, 45 C.F.R. Part 98.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Judy Jaramillo, license exempt services administrator, Olympia, Washington, 360-725-4431; Implementation and Enforcement: DCYF, state-wide.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following health and safety activity practices:
(1) Prevention and control of infectious diseases. The provider must comply with the handwashing procedures described in this section or as described by the United States Center for Disease Control and Prevention.
(a) The following handwashing procedure must be used:
(i) Wet hands with warm water;
(ii) Apply soap to the hands;
(iii) Rub hands together to wash for at least twenty seconds;
(iv) Thoroughly rinse hands with water; and
(v) Dry hands with a paper towel, single-use cloth towel, or air hand dryer.
(b) The provider must wash his or her hands, following the procedure in (a) of this subsection, under the following circumstances:
(i) Immediately after arriving at the child's home to provide child care;
(ii) Immediately after toileting a child, after personal toileting, and before and after diapering a child;
(iii) Immediately after attending to an ill child;
(iv) Immediately before and after preparing, serving, or eating food;
(v) Immediately before and after giving medication or applying topical ointment;
(vi) Immediately after handling bodily fluids; and
(vii) As needed or required by the circumstances.
(c) The provider must encourage and assist children in care to wash their hands, using the process described in (a) of this subsection:
(i) Immediately after using the toilet and after diapering;
(ii) Immediately after outdoor play;
(iii) Immediately after handling, feeding, and playing with animals;
(iv) Immediately after touching bodily fluids such as blood or after nose blowing or sneezing;
(v) Immediately before and after eating or participating in food activities; and
(vi) As needed or required by the circumstances.
(2)(a) Prevention of sudden infant death syndrome and use of safe sleep practices. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following safe sleep practices:
(b) The provider must follow safe sleep practices when infants or toddlers are napping or sleeping by following the current standards of American Academy of Pediatrics concerning safe sleep practices, including SIDS/SUIDS risk reduction by:
(i) Discussing with parents the use of appropriate sleep equipment as recommended by the U.S. Consumer Product Safety Commission standards;
(ii) Supervising infants or toddlers by frequently making visual checks and being within sight or hearing range, including when an infant is going to sleep, is sleeping, or is waking up;
(iii) Placing an infant to sleep on his or her back or following the current standard of the American Academy of Pediatrics. If an infant turns over while sleeping, the provider must return the infant to his or her back until the infant is able to independently roll from back to front and front to back;
(iv) Not using a sleep positioning device unless directed to do so in writing by an infant's or toddler's health care provider;
(v) Providing sufficient lighting in the room in which the infant or toddler is sleeping to observe skin color;
(vi) Monitoring breathing patterns of an infant or toddler;
(vii) Allowing infants and toddlers to follow their own sleep patterns;
(viii) Not allowing blankets, stuffed toys, pillows, crib bumpers, or similar items inside an occupied crib, bassinet, or other equipment where infants commonly sleep;
(ix) Not allowing a blanket, bedding, or clothing to cover any portion of an infant or toddler's head or face while sleeping, and readjusting those items when necessary;
(x) Preventing infants or toddlers from getting too warm while sleeping, which may be shown by signs that include, but are not limited to, sweating, flushed, pale or hot and dry skin, warm to the touch, a sudden rise in temperature, vomiting, refusing to drink, a depressed fontanelle (skull soft spot), or irritability; and
(xi) Removing sleeping children from car seats (when used other than in a moving vehicle), swings, or similar equipment not designed for sleep.
(3) Medication administration. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following medication requirements:
(a) A child's parent, or an appointed designee, must provide training to the provider for special medical procedures that the provider may have to administer to the child. This training must be documented and signed by the provider and parent;
(b) The provider must not give medication to any child without written and signed consent from that child's parent or health care provider. The medication must be given according to the directions on the medication label using appropriately cleaned and sanitized medication measuring devices;
(c) The provider must not give or allow others to give any medication to a child for the purpose of sedating the child unless the medication has been prescribed for a specific child for that particular purpose by a health care professional; and
(d) Medication must be stored and maintained as directed on the packaging or prescription label, including applicable refrigeration requirements.
(4) Emergency preparedness and response planning for natural disaster and human-caused events. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following emergency preparedness and response planning requirements:
(a) The provider must visually scan indoor and outdoor areas to identify potential fire or burn hazards and discuss the removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make identified hazards completely inaccessible to a child, the provider must supervise the child to avoid injury from such identified hazards. Fire or burn hazards include, but are not limited to:
(i) Appliances and any heating device that has a hot surface when in use or still hot after use;
(ii) Open flame devices, candles, matches, and lighters. Open flame devices, candles, matches, and lighters must not be used during care hours; and
(iii) The lack of, or nonworking smoke detectors, fire extinguishers, or other fire prevention equipment.
(b) If there is a fire in the home during care hours, the provider's first responsibility is to evacuate the children in care to a safe place outside the home and then call 911;
(c) The provider and parent must have an agreed upon written home evacuation plan in the event of fire or an emergency or other disaster. The plan must be updated as needed and include, at a minimum:
(i) A floor plan that shows emergency exit pathways, doors, and windows;
(ii) A description for how the provider will evacuate all of the children, especially those who cannot walk;
(iii) A description for how the provider will account for all of the children in the home;
(iv) A designated, safe gathering spot or alternative short-term location for the children and provider pending arrival of the fire department, emergency response, or the parent;
(v) A description of what to take, such as a first-aid kit, medications, water and food; and
(vi) A description for how parents will be contacted after the emergency is over and arrange for pickup of children, if needed.
(d) To be properly prepared for a home evacuation or lockdown, the provider must be able to easily access emergency items including, but not limited to:
(i) A first-aid kit;
(ii) A working flashlight available for use as an emergency light source and extra batteries if the flashlight is powered by batteries;
(iii) A working telephone; and
(iv) Food, water, and a three-day supply of medication required by individual children.
(e) The provider must practice emergency and home evacuation drills with the children as follows:
(i) Earthquake and home evacuation drills once every six calendar months; and
(ii) A lockdown drill annually.
(5) Building and physical premises safety, including handling and storage of hazardous materials, identification of and protection from hazards, bodies of water, and vehicular traffic. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following building and physical premises safety requirements:
(a) The provider must visually scan indoor areas to identify potential child safety hazards and discuss removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make a hazard completely inaccessible to a child, the provider must supervise the child to avoid injury from such identified hazard. Child safety hazards include, but are not limited to:
(i) Tobacco products, cigarettes, and containers holding cigarette or cigar butts or ashes;
(ii) Firearms, guns, weapons, and ammunition;
(iii) Any equipment, material, or objects that may pose a risk of choking, aspiration, or ingestion. For purposes of this section, equipment, material, or objects with a diameter or overall dimension of three-quarter inch or less must be considered items that may pose a risk of choking, aspiration, or ingestion;
(iv) Straps, strings, cords, wires, or similar items capable of forming a loop around a child's neck that are not being used for a supervised activity;
(v) Poisons, chemicals, toxins, dangerous substances or any product labeled "Keep out of reach of children," including, but not limited to, fuel, lighter fluid, solvents, fertilizer, ice melt product, pool chemicals, pesticides, or insecticides, cleansers and detergents, air freshener or aerosols, sanitizing products, and disinfectants. These items must be kept separate and apart from food preparation areas, food items, and food supplies;
(vi) Personal grooming, cosmetics, and hygiene products including, but not limited to, nail polish remover, lotions, creams, toothpaste, powder, shampoo, conditioners, hair gels or hair sprays, bubble bath, or bath additives;
(vii) Alcohol, including closed and open containers;
(viii) Plastic bags and other suffocation hazards;
(ix) Equipment, materials, or products that may be hot enough to injure a child;
(x) Freezers, refrigerators, washers, dryers, compost bins, and other entrapment dangers;
(xi) Uneven walkways, damaged flooring or carpeting, or other tripping hazards;
(xii) Large objects capable of tipping or falling over, such as televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units;
(xiii) Indoor temperatures less than sixty-eight degrees Fahrenheit or greater than eighty-two degrees Fahrenheit;
(xiv) Water accessible to children that may be hotter than one hundred twenty degrees Fahrenheit (the provider should always feel hot water before using on or for a child);
(xv) Windows and stairs accessible to children; and
(xvi) Electrical outlets, power strips, and electrical/extension cords.
(b) During care hours, the provider must not allow others who may be in the presence of the children to:
(i) Possess or use illegal drugs;
(ii) Consume or use alcohol or cannabis products in any form;
(iii) Be under the influence of alcohol, cannabis products in any form, illegal drugs, or misused prescription drugs; and
(iv) Smoke or vape in the home, vehicle, or in close proximity to a child.
(c) The provider must visually scan outdoor play areas to identify potential child safety hazards and discuss removal or reduction of identified hazards with the parent. If it is not possible for the provider to immediately correct or make a hazard completely inaccessible to a child, the provider must supervise the child to avoid injury. Outdoor hazards include, but are not limited to:
(i) Outdoor play area or equipment that is not clean, not in good condition, or not maintained or safe for a child of a certain age to use;
(ii) Bouncing equipment including, but not limited to, trampolines, rebounders and inflatable equipment. This requirement does not apply to bounce balls designed to be used by individual children;
(iii) Toxic plants or plants with poisonous leaves such as foxglove, morning glory, tomato, potato, rhubarb, or poison ivy;
(iv) Extreme weather conditions such as:
(A) Heat in excess of one hundred degrees Fahrenheit;
(B) Cold below twenty degrees Fahrenheit;
(C) Lightning storm, tornado, hurricane or flooding; and
(D) Air quality warnings by public health or other authorities.
(v) Bodies of water such as:
(A) Swimming pools when not being used, portable wading pools, hot tubs, spas, and jet tubs;
(B) Ponds, lakes, storm retention ponds, ditches, fountains, fish ponds, landscape pools, or similar bodies of water; and
(C) Uncovered wells, septic tanks, below grade storage tanks, farm manure ponds, or other similar hazards.
(vi) Streets, alleyways, parking lots or garages.
(6) Child development, including the major domains, cognitive, social, emotional, physical development, and approaches to learning. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following child development requirements:
(a) The provider must be attentive and responsive to children's developmental needs by engaging in activities such as:
(i) Asking children developmentally appropriate questions and allowing children to answer without interruption; and
(ii) Talking with children about what they are doing during activities and using teaching techniques such as:
(A) Self-talk: The provider talks about what he or she is doing, seeing, eating, touching, or thinking as he or she is involved in that activity;
(B) Parallel talk: The provider talks about what the children are doing, seeing, eating, or touching as the children are engaging in those activities; and
(C) Language expansion: The provider adds detail or new words to build on ideas that children are expressing.
(b) A provider caring for preschool and school-age children can use language that develops and encourages reasoning skills by using techniques, such as:
(i) Talking about logical relationships or concepts during the day including, but not limited to, the daily schedule, the differences and similarities between objects, or people in the classroom;
(ii) Introducing concepts using guiding questions that encourage children to figure out cause and effect relationships;
(iii) Providing opportunities for reasoning and writing activities; and
(iv) Asking open ended questions to help children improve skills and acquire knowledge.
(c) The provider can encourage language development and acquisition for non-English speaking children by using techniques such as:
(i) Using words in various languages to talk about the routines;
(ii) Reading books out loud or using audio books; and
(iii) Playing games in different languages.
(d) The provider may offer developmentally and culturally responsive activities that offer a range of auditory, visual, and movement opportunities while using techniques such as:
(i) Encouraging children's engagement;
(ii) Promoting each child's self-help and social skills;
(iii) Organizing around children's interests and ideas;
(iv) Allowing choice, exploration, and experimentation;
(v) Promoting active and play-based learning experiences;
(vi) Allowing children freedom to move during activities;
(vii) Ensuring children's expression;
(viii) Utilizing interesting and creative materials;
(ix) Offering hands-on opportunities for children; and
(x) Providing opportunities for children to direct their own learning and problem solving rather than teacher-directed activities.
(e) The provider can communicate with children using verbal and nonverbal strategies that encourage healthy, culturally responsive child development by using techniques including, but not limited to:
(i) Using a calm and respectful tone of voice;
(ii) Using positive language to explain what children can do and giving descriptive feedback;
(iii) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group;
(iv) Greeting and saying goodbye to children;
(v) Using facial expressions such as smiling, laughing, and enthusiasm to match a child's mood;
(vi) Using physical proximity in a culturally responsive way to speak to children at their eye level and with appropriate warm physical contact including, but not limited to, gently touching a hand or shoulder, sitting next to a child, or holding younger children close while communicating;
(vii) Validating children's feelings and showing tolerance for mistakes;
(viii) Being responsive and listening to children's requests and questions, encouraging children to share experiences, ideas, and feelings;
(ix) Learning about their families, cultures, individual interests, ideas, questions, and theories;
(x) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings; and
(xi) Interacting with other adults in a positive, respectful manner.
(f) The provider must encourage positive interactions between and among children with techniques including, but not limited to:
(i) Giving children several chances a day to interact with each other while playing or completing routine tasks;
(ii) Demonstrating and modeling social skills;
(iii) Encouraging shy or socially isolated children to engage with other children;
(iv) Helping children understand feelings of others; and
(v) Encouraging and facilitating play between children with special needs and others.
(7) Supervision of children. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following supervision requirements:
(a) The provider must supervise children during care hours. Supervising children requires the provider to engage in specific actions including, but not limited to:
(i) Scanning the environment, looking and listening for both verbal and nonverbal cues to anticipate problems and planning accordingly;
(ii) Positioning oneself to supervise areas accessible to children; and
(iii) Considering the following when deciding whether increased supervision is needed:
(A) Ages of children;
(B) Individual differences and abilities of children;
(C) Layout of the home and play areas; and
(D) Risks associated with the activities children are engaged in.
(b) The provider must provide increased supervision when the children:
(i) Interact with pets or animals;
(ii) Engage in water or sand play;
(iii) Play in an area in close proximity to a body of water;
(iv) Use a route to access an outdoor play area when the area is not next to the home;
(v) Engage in activities in the kitchen;
(vi) Ride on public transportation;
(vii) Engage in outdoor play; and
(viii) Participate in field trips.
(c) The provider must ensure no infant or child is left unattended during:
(ii) Bottle feeding; or
(iii) Tummy time.
(d) The provider must not allow any person other than a child's parent or authorized individual to have unsupervised access to a child during care hours. For the purpose of this section, individuals authorized to have unsupervised access include:
(i) A government representative including emergency responders who have specific and verifiable authority for access; and
(ii) A person, such as a family member, family friend, or the child's therapist or health care provider, authorized in writing or over the telephone by a child's parent.
(8) Child transportation. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following child transportation requirements:
When transporting children, the provider must:
(a) Comply with RCW 46.61.687
and other applicable laws that pertain to child restraints and car seats;
(b) Drive only with a valid driver's license;
(c) Have in effect a current motor vehicle insurance policy that provides coverage for the driver, the vehicle, and all other occupants;
(d) Ensure that children are accounted for when entering and exiting a vehicle for transport to and from any destination; and
(e) Never leave the children by themselves or otherwise unattended in a vehicle.