WSR 18-20-093
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed October 1, 2018, 3:50 p.m., effective October 1, 2018, 3:50 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The department of children, youth, and families (DCYF) adopts these rules to establish, implement, and enforce requirements to protect the health and safety of children who are cared for by license-exempt family, friends, and neighbors (FFN) participating in working connections child care. Adoption of these rules complies with a requirement imposed by the federal child care development fund governed by 42 U.S.C. 9858 et seq.
Citation of Rules Affected by this Order: New WAC 110-06-0046 Requirements for license-exempt in-home/relative providers, 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; repealing WAC 110-06-0060 Additional information the department may consider, 110-15-0135 In-home/relative providers—Information provided to DSHS, 110-15-0138 In-home/relative providers—Responsibilities, 110-15-0139 In-home/relative providers—Electronic attendance records—Records retention, 110-15-0140 In-home/relative providers—Ineligibility, 110-15-0143 In-home/relative providers—Background checks—Required persons, 110-15-0145 In-home/relative providers—Reasons and notification, 110-15-0150 In-home/relative providers—Included information and sources, 110-15-0155 In-home/relative providers—Background checks—Subsequent steps, 110-15-0160 In-home/relative providers—Background checks—Disqualified providers, 110-15-0165 In-home/relative providers—Background checks—Other disqualifying information and 110-15-0167 In-home/relative providers—Background checks—Disqualified person living with the provider; and amending WAC 110-15-0034 Provider's responsibilities, 110-15-0125 Approved child care providers, 110-15-0250 Eligible provider capacity and payment, 110-06-0010 Purpose and scope, 110-06-0020 Definitions, 110-06-0040 Background clearance requirements, 110-06-0041 Requirements for early learning service providers, 110-06-0044 Background check fees, 110-06-0045 Background checks for minor individuals under sixteen years of age, 110-06-0070 Disqualification. Background information that will disqualify a subject individual, and 110-06-0090 Administrative hearing to contest disqualification.
Other Authority: 42 U.S.C. 9858 et seq.
Under RCW
34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Continued receipt of federal funds for working connections child care is conditioned on DCYF, by October 1, 2018, establishing preservice and training requirements for FFN care providers, health and safety activities and practices during care, and the consequences of noncompliance.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 8, Amended 11, Repealed 12; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 1, 2018.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0010Purpose and scope.
(1) The purpose of this chapter is to establish rules for background checks conducted by the department of ((early learning (DEL or department)))of children, youth, and families (DCYF).
(2) The department conducts background checks on subject individuals who are authorized to:
(a) Care for or have unsupervised access to children receiving early learning services; or
(b) Care for children in the child's or provider's home. These providers, also known as family, friends, and neighbors (FFN) or in-home/relative care providers are exempt from licensing and receive working connections child care (WCCC) subsidies.
(3) The department conducts background checks to reduce the risk of harm to children from subject individuals who have been convicted of certain crimes or who pose a risk to children.
(4) The department's rules and state law require the evaluation of background information to determine the character, suitability, or competence of persons who will care for or have unsupervised access to children receiving early learning services or other agency authorized services.
(5) If any provision of this chapter conflicts with any provision in any chapter containing a substantive rule relating to background checks and qualifications of persons who are authorized to care for or have unsupervised access to children receiving early learning services, the provisions in this chapter shall govern.
(7) ((Effective date: These rules are initially effective July 3, 2006, and apply prospectively. Effective July 1, 2012,))These rules are amended to allow for increased and continued portability of background check clearances for subject individuals who are authorized to care for or may have unsupervised access to children receiving early learning services.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0020Definitions.
The following definitions apply to this chapter:
"Agency" has the same meaning as "agency" in RCW ((43.215.010(2)))43.216.010.
"Appellant" means only those with the right of appeal under this chapter.
"Applicant" means an individual who is seeking DCYF background check authorization as part of:
(a) An application for a child care agency license or DCYF certification or who seeks DCYF authorization to care for or have unsupervised access to children receiving early learning services; or
(b) A continuation of a nonexpiring license or renewal of a certificate, or renewal of DCYF's authorization to care for or have unsupervised access to children receiving early learning services, with respect to an individual who is a currently licensed or certified child care provider.
"Authorized" or "authorization" means approval by ((DEL))DCYF to care for or have unsupervised access to children receiving early learning services or to work in or reside on the premises of a child care agency or certified facility.
"Certification" or "certified by ((DEL))DCYF" means an agency that is legally exempt from licensing that has been certified by ((DEL))DCYF as meeting minimum licensing requirements.
"Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject individual.
(("DEL"))"DCYF" or "department" means the department of ((early learning.
"Director's list" means a list of crimes, the commission of which disqualifies a subject individual from being authorized by DEL to care for or have unsupervised access to children receiving early learning services, WAC 170-06-0120))children, youth, and families.
"Disqualified" means ((DEL))DCYF has determined that a person's background information prevents that person ((from being licensed or certified by DEL or)) from being authorized by ((DEL))DCYF to care for or have unsupervised access to children receiving early learning services.
"Early learning service(s)" for purposes of this chapter means the early childhood education and assistance program ((and)), head start, licensed child care, and license-exempt child care services.
"In-home/relative provider" or "family, friends, and neighbors provider" or "FFN provider" means an individual who is exempt from child care licensing standards, meets the requirements of chapter 110-16 WAC, and is approved for working connections child care (WCCC) payments under WAC 110-15-0125.
"Licensee" means the individual, person, organization, or legal entity named on the child care license issued by DCYF and responsible for operating the child care facility or agency.
"Negative action" means a court order, court judgment or an adverse action taken by an agency, in any state, federal, tribal or foreign jurisdiction, which results in a finding against the subject individual reasonably related to the subject individual's character, suitability and competence to care for or have unsupervised access to children receiving early learning services. This may include, but is not limited to:
(a) A decision issued by an administrative law judge.
(b) A final determination, decision or finding made by an agency following an investigation.
(c) An adverse agency action, including termination, revocation or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification or contract in lieu of the adverse action.
(d) A revocation, denial or restriction placed on any professional license.
(e) A final decision of a disciplinary board.
"Nonconviction information" means arrest, pending charges, founded allegations of child abuse, or neglect pursuant to chapter
26.44 RCW, or other negative action adverse to the subject individual.
"Nonexpiring license" or "nonexpiring full license" means a ((full)) license that is issued to a licensee following the initial licensing period, as provided in ((WAC 170-151-087, 170-295-0095, or 170-296A-1450))chapter 110-300 WAC, as appropriate.
"Secretary's list" means a list of crimes, the commission of which disqualifies a subject individual from being authorized by DCYF to care for or have unsupervised access to children receiving early learning services, WAC 110-06-0120.
"Subject individual":
(a) Means an individual who:
(i) Is seeking a background check authorization or upon whom the department may conduct a background check authorization;
(ii) Is sixteen years of age or older;
(iii) Is an in-home/relative provider or is employed ((by)), contracted with, or ((volunteering))volunteers to provide early learning services; and
(iv) Will care for or have unsupervised access to children receiving early learning services; and
(b) Includes, but is not limited to, the following:
(i) Personnel, including employees and staff;
(ii) Contractors, including contracted providers;
(iii) Temporary workers;
(iv) Assistants;
(v) Volunteers;
(vi) Interns;
(vii) Each person who is sixteen years of age or older residing on, or moving into, the premises where early learning services are provided;
(viii) All other individuals who are sixteen years of age or older who will care for or have unsupervised access to children receiving early learning services;
(ix) All owners, operators, lessees, or directors of the agency or facility, or their designees;
(x) Applicants((. As used in this definition, "applicant" means an individual who is seeking a DEL background check authorization as part of:
(A) An application for a child care agency license or DEL certification or who seeks DEL authorization to care for or have unsupervised access to children receiving early learning services; or
(B) A continuation of a nonexpiring license or renewal of a certificate, or renewal of DEL's authorization to care for or have unsupervised access to children receiving early learning services, with respect to an individual who is a currently licensed or certified child care provider; and));
(xi) Licensees((. As used in this definition, "licensee" means the individual, person, organization, or legal entity named on the child care license issued by DEL and responsible for operating the child care facility or agency)); or
(xii) In-home/relative providers and their household members who are sixteen years of age or older.
"Unsupervised access" means:
(a) A subject individual will or may have the opportunity to be alone with a child receiving early learning services at any time and for any length of time; and
(b) Access to a child receiving early learning services that is not within constant visual or auditory range of the ((licensee, an employee))individual authorized by ((DEL, nor a relative or guardian of the child receiving early learning services))DCYF.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0040Background clearance requirements.
This section applies to all subject individuals other than in-home/relative providers.
(1) ((Effective July 1, 2012, all new))Subject individuals associated with early learning services applying for a first-time background check must complete the background check application process through ((DEL))DCYF to include:
(a) ((Completion of))Submitting a completed background check application;
(b) Completing the required fingerprint process; and
(((b) Payment of))(c) Paying all required fees as provided in WAC ((170-06-0044))110-06-0044.
(2) All ((other)) subject individuals who have been previously qualified by the department to have unsupervised access to children in care((, prior to July 1, 2012, must submit a new background check application no later than July 1, 2013. The subject person))and are renewing their applications must:
(a) Submit the new background check application through ((DEL))DCYF;
(b) Submit payment of all required fees as provided in WAC ((170-06-0044;))110-06-0044; and
(c) ((Complete the required fingerprint process if the subject individual has lived in Washington state for fewer than three consecutive years prior to July 1, 2013;
(d))) Complete the required fingerprint process if the subject individual lives or has lived outside of Washington state since the previous background check was completed.
(3) Each subject individual completing the ((DEL))DCYF background check process must disclose:
(a) Whether he or she has been convicted of any crime;
(b) Whether he or she has any pending criminal charges; and
(c) Whether ((there is))he or she has been subject to any negative action((s, to which he or she has been subject)), as defined by WAC ((170-06-0020))110-06-0020.
(4) A subject individual must not have unsupervised access to children in care unless he or she has obtained ((DEL))DCYF authorization under this chapter.
(5) A subject individual who has been disqualified by ((DEL))DCYF must not be present on the premises when early learning services are provided to children.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0041Requirements for early learning service providers.
(1) ((An agency, licensee, certified facility or))This section applies to all providers other than in-home/relative providers.
(2) Early learning services providers must require a subject individual to complete the ((DEL))DCYF background check application process:
(a) ((Within seven days of))Prior to the date of hire;
(b) By the date a subject individual age sixteen or older moves onto the premises; or
(c) By the date a subject individual who lives on the premises turns sixteen years old.
(((2) The early learning services provider must keep on-site a copy of each subject individual's background check clearance authorization.
(3) The early learning services provider must update the provider portal in the DEL system to verify the subject individuals associated with their program.
(4) The early learning services provider must verify annually that each subject individual who is required to have a background check has either obtained a department clearance or has applied for a department background check through the DEL system. The verification must be submitted with the licensee's annual license fee and declarations.))
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0044Background check fees.
This section applies to all subject individuals other than in-home/relative providers.
(1) Subject individuals associated with early learning services must pay for the cost of the background check process. The fees include:
(a) Fingerprint process fees as defined by the ((WSP, FBI))Washington state patrol, Federal Bureau of Investigation, and the ((DEL))DCYF fingerprint contractor; and
(b) The ((DEL))DCYF administrative fee of:
(i) ((The cost of administration of the portable background check clearance based upon electronic submission has been determined to be))Twelve dollars ((for any background check application received in the period after June 30, 2012, therefore the fee)) for an electronic submission ((is twelve dollars for the described period)); or
(ii) ((The cost of administration of the portable background check clearance based upon a manual paper submission has been determined to be))Twenty-four dollars ((for any background check received after June 30, 2012, therefore the fee for a manual paper-based submission is twenty-four dollars for the described period))for a paper submission.
(2) DCYF administrative fee payments may be:
(a) By debit or credit card;
(b) In the form of a personal check, cashier's check, or money order, which shall be sent by mail; or
(((b)))(c) By electronic funds transfer (((when available))). As used in this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
(3) The department will not issue a background check clearance authorization to a subject individual:
(a) Who fails to pay the required fees in subsection (1) of this section; or
(b) Whose ((check, money order, or electronic funds transfer))payment is reported as having nonsufficient funds (NSF) or is otherwise dishonored by nonacceptance or nonpayment.
An additional processing fee of twenty-five dollars will be charged by the department for any check, money order, or electronic funds transfer that is reported as not having sufficient funds.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0045((Noncriminal))Background checks for minor individuals under sixteen years of age.
(1) When applicable within ((Title 170))chapter 110-300 WAC, an agency, licensee, or certified facility must have subject individuals complete the required ((DEL noncriminal))DCYF minor individual background check application process for subject individuals:
(a) Fourteen to sixteen years of age, ((within seven days after the subject individual starts to work in the))prior to the date of hire by a licensed or certified child care.
(b) Thirteen to sixteen years of age residing in a licensed or certified family home child care.
(c) Thirteen to sixteen years of age, within seven days after moving into the licensed family home child care.
(2) A subject individual identified in subsection (1)(a), (b) or (c) of this section must not have unsupervised access to children in child care.
(3) ((The licensee must verify annually that each subject individual who is required to have a noncriminal background check has either obtained a department clearance or has applied for a department noncriminal background check. The verification must be submitted with the licensee's annual license fee and declarations.
(4))) When conducting a ((noncriminal))minor individual background check, the department:
(a) Requires the minor's parent or guardian to sign the noncriminal background check application;
(b) Does not review convictions or pending charges for immediate disqualification for crimes under WAC ((170-06-0050(1)))110-06-0050(1), unless the conviction was the result of prosecution of the juvenile as an adult; and
(c) Does not immediately disqualify an individual for a conviction under WAC ((170-06-0070))110-06-0070 (1) and (2), unless the conviction was the result of prosecution of the juvenile as an adult.
NEW SECTION
WAC 110-06-0046Requirements for license-exempt in-home/relative providers.
(1) The background check process must be completed for:
(a) All license-exempt in-home/relative providers who apply to care for a WCCC consumer's child; and
(b) Any individual sixteen years of age or older who is residing with a license-exempt in-home/relative provider when the provider cares for the child in the provider's own home where the child does not reside.
(2) Additional background checks must be completed for individuals listed in subsection (1)(a) and (b) of this section when an individual sixteen years of age or older is newly residing with a license-exempt in-home/relative provider when the provider cares for the child in the provider's own home where the child does not reside.
(3) The background check process for license-exempt in-home/relative providers requires:
(a) Submitting a completed background check application; and
(b) Completing the required fingerprint process.
(4) Each subject individual completing the DCYF background check process must disclose:
(a) Whether he or she has been convicted of any crime;
(b) Whether he or she has any pending criminal charges; and
(c) Whether he or she has been subject to any negative actions, as defined by WAC 110-06-0020.
(5) A subject individual must not have unsupervised access to children in care unless he or she has obtained DCYF background check clearance authorization under this chapter.
(6) A subject individual who has been disqualified by DCYF must not be present on the premises when early learning services are provided to children.
(7) DCYF pays for the cost of the background check process. The fees include:
(a) Fingerprint process fees as defined by the Washington state patrol, Federal Bureau of Investigation and the DCYF fingerprint contractor; and
(b) The DCYF administrative fee.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0070Disqualification.
Background information that will disqualify a subject individual.
(1) A subject individual who has a background containing any of the permanent convictions on the ((director's))secretary's list, WAC ((170-06-0120(1)))110-06-0120(1), will be permanently disqualified from ((providing licensed child care,)) caring for children or having unsupervised access to children receiving early learning services.
(2) A subject individual who has a background containing any of the nonpermanent convictions on the ((director's))secretary's list, WAC ((170-06-0120(2)))110-06-0120(2), will be disqualified from providing licensed child care, caring for children or having unsupervised access to children receiving early learning services for five years after the conviction date.
(3) A subject individual will be disqualified when ((their))his or her background contains a negative action, as defined in WAC ((170-06-0020))110-06-0020 that relates to:
(a) An act, finding, determination, decision, or the commission of abuse or neglect of a child as defined in chapters
26.44 RCW and ((
388-15))
110-30 WAC.
(b) An act, finding, determination, decision, or commission of abuse or neglect or financial exploitation of a vulnerable adult as defined in chapter
74.34 RCW.
((Background information that may disqualify a subject individual.))
(4) A subject individual who has a "founded" finding for child abuse or neglect will not be authorized to care for or have unsupervised access to children during the administrative hearing and appeals process.
(5) Background information that may disqualify a subject individual. A subject individual may be disqualified for other negative action(s), as defined in WAC ((170-06-0020))110-06-0020 which reasonably relate to his or her character, suitability, or competence to care for or have unsupervised access to children receiving early learning services.
(((5)))(6) A subject individual may be disqualified from caring for or having unsupervised access to children if the individual is the subject of a pending child protective services (CPS) investigation.
(((6) A subject individual who has a "founded" finding for child abuse or neglect will not be authorized to care for or have unsupervised access to children during the administrative hearing and appeals process.))
(7) The department may also disqualify a subject individual if that person has other nonconviction background information that renders him or her unsuitable to care for or have unsupervised access to children receiving early learning services. Among the factors the department may consider are:
(a) The subject individual attempts to obtain a license, certification, or authorization by deceitful means, such as making false statements or omitting material information on an application.
(b) The subject individual used illegal drugs or misused or abused prescription drugs or alcohol that either affected their ability to perform their job duties while on the premises when children were present or presented a risk of harm to any child receiving early learning services.
(c) The subject individual attempted, committed, permitted, or assisted in an illegal act on the premises. For purposes of this subsection, a subject individual attempted, committed, permitted, or assisted in an illegal act if he or she knew or reasonably should have known that the illegal act occurred or would occur.
(d) Subject to federal and state law, the subject individual lacks sufficient physical or mental health to meet the needs of children receiving early learning services.
(e) The subject individual had a license or certification for the care of children or vulnerable adults terminated, revoked, suspended or denied.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0090Administrative hearing to contest disqualification.
(1) A subject individual may request an administrative hearing to contest the department's disqualification decision under WAC ((170-06-0070))110-06-0070.
(2) The ((licensee or prospective employer))early learning services provider cannot contest the department's decision on behalf of any other person, including a prospective employee.
(3) The administrative hearing will take place before an administrative law judge employed by the office of administrative hearings, pursuant to chapter
34.05 RCW, and chapter ((
170-03))
110-03 WAC.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 110-06-0060 | Additional information the department may consider. |
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0034Providers' responsibilities.
Child care providers who accept child care subsidies must do the following:
(1) ((Comply with:
(a) All of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified; or
(b) All of the requirements in WAC 170-290-0130 through 170-290-0167, 170-290-0250, and 170-290-0268, for child care providers who provide in-home/relative care;
(2) Report pending charges or convictions to DSHS as provided in:
(a) Chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified; or
(b) WAC 170-290-0138 (2) and (3), for child care providers who provide in-home/relative care;
(3) Keep))
Licensed or certified child care providers who accept child care subsidies must comply with all child care licensing or certification requirements contained in this chapter, chapter 43.216 RCW and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. (2) In-home/relative child care providers must comply with the requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06 and 110-16 WAC. (3) In-home/relative child care providers must not submit an invoice for more than six children for the same hours of care.
(4) All child care providers must use DCYF's electronic attendance recordkeeping system or a DCYF-approved electronic attendance recordkeeping system as required by WAC 110-15-0126. Providers must limit attendance system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(a) Providers using DCYF's electronic recordkeeping system must submit monthly attendance records prior to claiming payment. Providers using a DCYF-approved electronic recordkeeping system must finalize attendance records prior to claiming payment.
(b) Providers must not edit attendance records after making a claim for payment.
(5) All child care providers must complete and maintain accurate daily attendance records ((for children in their care, and allow access to DEL to inspect attendance records during all hours in which authorized child care is provided as follows:
(a) Current attendance records (including records from the previous twelve months) must be available immediately for review upon request by DEL.
(b) Attendance records older than twelve months to five years must be provided to DSHS or DEL within two weeks of the date of a written request from either department. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be provided)). If requested by DCYF or DSHS, the provider must provide to the requesting agency the following records:
(a) Attendance records must be provided to DCYF or DSHS within twenty-eight ((consecutive)) calendar days of the date of a written request from either department.
(((c) Failure to make available attendance records as provided in this subsection may:
(i) Result in the immediate suspension of the provider's subsidy payments; and
(ii) Establish a provider overpayment as provided in WAC 170-290-0268;
(4) Keep))(b) Pursuant to WAC 110-15-0268, the attendance records delivered to DCYF or DSHS may be used to determine whether a provider overpayment has been made and may result in the establishment of an overpayment and in an immediate suspension of the provider's subsidy payment.
(6) All child care providers must maintain and provide receipts for billed field trip/quality enhancement fees as follows. If requested by DCYF or DSHS, the provider must provide the following receipts for billed field trip/quality enhancement fees:
(a) Receipts from the previous twelve months must be available immediately for review upon request by DEL;
(b) Receipts from one to five years old must be provided ((to DSHS or DEL)) within ((two weeks))twenty-eight days of the date of a written request from either department((;
(5) Allow consumers access to their child at all times while the child is in care;
(6))).
(7) All child care providers must collect copayments directly from the consumer or the consumer's third-party payor, and report to ((DSHS))DCYF if the consumer has not paid a copayment to the provider within the previous sixty days((;
(7) Follow)).
(8) All child care providers must follow the billing procedures((:
(a) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Family Home Child Care Providers,"; or
(b) As described in the most current version of "Child Care Subsidies: A Guide for Family, Friends and Neighbors Child Care Providers"; or
(c) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Child Care Centers."
(8) Not))required by DCYF.
(9) Child care providers who accept child care subsidies must not:
(a) Claim a payment in any month a child has not attended at least one day within the authorization period in that month((.
(9) Invoice the state no later than one calendar year after the actual date of service;
(10) For both)); however, in the event a ten-day notice terminating a provider's authorization extends into the following month, the provider may claim a payment for any remaining days of the ten calendar day notice in that following month;
(b) Submit an invoice for payment later than one calendar year after the actual date of service; or
(c) Charge consumers the difference between the provider's customary rate and the maximum allowed state rate.
(10) Licensed and certified providers ((and in-home/relative providers,))must not charge ((subsidized families the difference between the provider's customary rate and the maximum allowed state rate; and
(11) For licensed and certified providers, not charge subsidized families for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Absent days on days in which the child is scheduled to attend and authorized for care;
(c) Handling fees to process consumer copayments, child care services payments, or paperwork;
(d) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state))consumers for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Days for which the child is scheduled and authorized for care but absent;
(c) Handling fees to process consumer copayments, child care services payments, or paperwork;
(d) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state.
(11) Providers who care for children in states bordering Washington state must verify they are in compliance with their state's licensing regulations and notify DCYF within ten days of any suspension, revocation, or changes to their license.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0125((Eligible))Approved child care providers.
((
To receive payment under the WCCC program, a consumer's child care provider must be:)) (1) ((
An))
In-home/relative provider
s. ((
Providers other than those specified in subsection (2) of this section must meet the requirements in WAC 170-290-0130; or))
To be approved to receive benefits under the WCCC program, an in-home/relative provider must comply with the applicable requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06 and 110-16 WAC.(2) ((A licensed, certified, or DEL-contracted provider.
(a))) Licensed providers ((must:
(i) Be currently licensed as required by chapter 43.215 RCW and as described by chapters 170-295, 170-296A, or 170-297 WAC; or (ii) Meet the provider's)).
(a) To be approved to receive payment under the WCCC program, a licensed provider must comply with the requirements of this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. (b) A provider who cares for a child who is a Washington resident in a state that borders Washington must:
(i) Be licensed to provide care in the bordering state;
(ii) Comply with the bordering state's licensing regulations((, for providers who care for children in states bordering Washington. DSHS pays));
(iii) Comply with the electronic attendance requirements contained in WAC 110-15-0126.
(c) The lesser of the following will be paid to a qualified, licensed child care ((facilities in bordering states))provider in a state that borders Washington:
(((A)))(i) The provider's private pay rate for that child; or
(((B) The DSHS))(ii) The DCYF maximum ((child care))WCCC subsidy daily rate for the ((DSHS))DCYF region where the child resides.
(((b)))(d) A licensed provider in a state that borders Washington that receives WCCC subsidy payment to care for a child who is a Washington resident is not required or eligible to participate in the early achievers program or to receive quality improvement awards, tiered reimbursements, or other awards and incentives associated with the early achievers program.
(3) Certified providers ((
are exempt from licensing but certified by DEL, such as))
. To be approved to receive payment under the WCCC program, a certified provider must comply with the certification requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. Certified providers include:
(((i)))(a) Tribal child care facilities that meet the requirements of tribal law;
(((ii)))(b) Child care facilities on a military installation; ((and
(iii)))
(c) Child care facilities operated on public school property by a school district((.
(c) New child care providers, as defined in WAC 170-290-0003, who are subject to licensure or are certified to receive state subsidy as required by chapter 43.215 RCW and as described by chapter 170-295, 170-296A, or 170-297 WAC, who received))
; and (d) Seasonal day camps that contract with DCYF to provide subsidized child care.
(4) Early achievers program requirements for licensed and certified child care providers that receive their first WCCC payment on or after July 1, 2016:
(a) A licensed or certified child care provider that first receives a WCCC subsidy payment on or after July 1, 2016, for providing nonschool age child care ((on or after July 1, 2016, and received no such payments during the period July 1, 2015, through June 30, 2016,)) must complete the following activities to be eligible to receive additional WCCC payments:
(i) Enroll in the early achievers program within thirty days of receiving the ((initial state))first WCCC subsidy payment. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care((.
(A) Out-of-state providers that provide care for children receiving Washington state child care subsidies are neither required nor eligible to participate in early achievers; and
(B) Out-of-state providers are not eligible to receive quality improvement awards, tiered reimbursement, or other awards and incentives associated with participation in early achievers.
(ii) Adhere to the provisions for participation as outlined in the most recent version of the Early Achievers Operating Guidelines. Failure to adhere to these guidelines may result in a provider's loss of eligibility to receive state subsidy payments nonschool age child care;
(iii)));
(ii) Complete level 2 activities in the early achievers program within twelve months of enrollment. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))DCYF subsidy payments for providing nonschool age child care;
(((iv)))(iii) Rate at a level 3 or higher in the early achievers program within thirty months of enrollment. ((If an eligible))A licensed or certified provider that fails to ((rate at a level 3 or higher))meet this requirement within thirty months of enrollment in the early achievers program, ((the provider)) must complete remedial activities with ((the department))DCYF and rate at a level 3 or higher within six months of beginning remedial activities. A licensed or certified provider ((who fails to receive a rating within thirty months of enrollment or))that fails to rate at a level 3 or higher within six months of beginning remedial activities will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care; and
(((v) Maintain an up to date rating by renewing))(iv) Renew their facility rating every three years and ((maintaining))maintain a rating level 3 or higher. If a licensed or certified provider fails to renew their facility rating or maintain a rating level 3 or higher, ((they))the licensed or certified provider will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care.
((
(d) Existing child care providers who are subject to licensure or are certified to receive state subsidy as required by chapter 43.215 RCW and as described by chapter 170-295, 170-296A, or 170-297 WAC, who have received a subsidy payment for a nonschool age child in the period July 1, 2015, through June 30, 2016, must))
(b) Licensed and certified providers must comply with the provisions for participation as outlined in the early achievers operating guidelines. Failure to comply with these guidelines may result in a licensed or certified provider's loss of DCYF approval to receive WCCC subsidy payments for providing nonschool age child care.(5) Early achievers program requirements for licensed and certified child care providers that received a WCCC payment on or between July 1, 2015, and June 30, 2016:
(a) A licensed or certified child care provider that received a WCCC subsidy payment on or between July 1, 2015, and June 30, 2016, for providing nonschool age child care, must complete the following activities to be eligible to receive additional WCCC subsidy payments:
(i) Enroll in the early achievers program by August 1, 2016. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care;
(((A) Out-of-state providers that provide care for children receiving Washington state child care subsidies are neither required nor eligible to participate in early achievers; and
(B) Out-of-state providers are not eligible to receive quality improvement awards, tiered reimbursement, or other awards and incentives associated with participation in early achievers.))
(ii) Complete level 2 activities in the early achievers program by August 1, 2017. A provider who ((fails))failed to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for nonschool age child care; and
(iii) Rate at a level 3 or higher in the early achievers program by December 31, 2019((;
(iv) If an existing)). A licensed or certified provider that fails to ((rate at a level 3 or higher))meet this requirement by December 31, 2019, ((in the early achievers program, the provider)) must complete remedial activities with ((the department))DCYF and rate at a level 3 or higher by June 30, 2020. A licensed or certified provider ((who))that fails to receive a rating by December 31, 2019, or fails to rate at a level 3 or higher by June 30, 2020, after completing remedial activities will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care((; and
(v) Maintain an up-to-date rating by renewing)).
(b) Licensed and certified providers must renew their facility rating every three years and ((maintaining))maintain a rating level 3 or higher. If a licensed or certified provider fails to renew their facility rating or maintain a rating level 3 or higher, ((they))licensed or certified providers will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care.
(((e)))(6) If a licensed or certified child care provider ((serving))receiving WCCC subsidy payment for providing nonschool age ((children, as defined in WAC 170-290-0003, and receiving state subsidy payments for nonschool age child care)) has successfully completed all level 2 activities and is waiting to be rated, the licensed or certified provider may continue to receive ((a state))WCCC subsidy payments pending the successful completion of the level 3 rating activity.
(((f))) DEL-contracted seasonal day camps have a contract with DEL to provide subsidized child care.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0250Eligible provider capacity and payment.
(1) DSHS may pay:
(a) Licensed and certified providers for authorized care up to the provider's licensed capacity as determined under WAC ((170-297-5625, 170-295-0080, or 170-296A-5700))110-300B-5700, 110-300A-0080, or 110-305-5625, as appropriate; and
(b) In-home/relative providers for authorized care up to a maximum of six eligible children ((as provided in WAC 170-290-0138.
(2) Licensed providers may not bill the state for more than the number of children they have in their licensed capacity and who are authorized to receive child care subsidies.
(3) A violation)).
(2) A provider authorized to receive subsidy payment must submit an invoice only for children who have been authorized by DSHS to receive subsidy benefits. In addition, a provider must not submit an invoice for a number of children that exceeds the provider's licensed capacity.
(3) Failure to comply with the requirements of subsection (2) of this section may:
(a) Result in the immediate suspension of the provider's subsidy payments; and
(b) ((Establish))Result in the establishment of a provider overpayment as provided in WAC ((170-290-0268))110-15-0268.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-15-0135 | In-home/relative providers—Information provided to DSHS. |
WAC 110-15-0138 | In-home/relative providers—Responsibilities. |
WAC 110-15-0139 | In-home/relative providers—Electronic attendance records—Records retention. |
WAC 110-15-0140 | In-home/relative providers—Ineligibility. |
WAC 110-15-0143 | In-home/relative providers—Background checks—Required persons. |
WAC 110-15-0145 | In-home/relative providers—Background checks—Reasons and notification. |
WAC 110-15-0150 | In-home/relative providers—Background checks—Included information and sources. |
WAC 110-15-0155 | In-home/relative providers—Background checks—Subsequent steps. |
WAC 110-15-0160 | In-home/relative providers—Background checks—Disqualified providers. |
WAC 110-15-0165 | In-home/relative providers—Background checks—Other disqualifying information. |
WAC 110-15-0167 | In-home/relative providers—Background checks—Disqualified person living with the provider. |
Chapter 110-16 WAC
LICENSE-EXEMPT CARE—FAMILY, FRIENDS, AND NEIGHBORS (FFN) IN-HOME/RELATIVE CHILD CARE PROVIDERS
NEW SECTION
WAC 110-16-0001Purpose and authority.
(1) The purpose of this chapter is to establish rules for the administration of child care subsidy funds through the working connections child care (WCCC) program for family, friends, and neighbors (FFN) in-home/relative child care providers. The department of children, youth, and families (DCYF) is the lead agency for the federal Child Care Development Fund (CCDF) program, governed by 42 U.S.C. 9858 et. seq., (CCDF authorization and implementation statutes) and 45 C.F.R. Part 98 (CCDF regulations). This chapter addresses CCDF health and safety requirements and WCCC program requirements for family, friends, and neighbors (FFN) in-home/relative child care providers.
(2) In addition to the requirements contained in this chapter, FFN providers must comply with applicable provisions of chapter
43.216 RCW (department of children, youth, and families), chapter 110-06 WAC (background check rules), and chapter 110-15 WAC (WCCC) subsidy program rules.
(3) The requirements contained in this chapter are consistent with and support the department's commitment to promoting the health, safety, and well-being of children, expanding access to quality early learning opportunities to improve outcomes in young children and promoting school readiness.
(4) The department recognizes that a child's parents and family are the child's first and most important teachers and decision makers. The department is committed to working alongside parents to promote the overall well-being of their children, providing technical assistance and resource referral at the request of parents or providers, and using a variety of methods to communicate with parents and providers about program changes and relevant resources and information.
NEW SECTION
WAC 110-16-0005Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Benefit" means a regular payment made by a government agency on behalf of a person eligible to receive it.
(2) "Child" or "children," except when otherwise specified, means a child or children eligible for WCCC benefits under chapter 110-15 WAC.
(3) "Days" means calendar days unless otherwise specified.
(4) "Department" or "DCYF" means the department of children, youth, and families.
(5) "In-home/relative provider" or "family, friends, and neighbors (FFN) provider" means an individual who is exempt from child care licensing requirements and is approved for WCCC payments under WAC 110-15-0125. Reference in this chapter to the term "provider" means an in-home/relative or FFN provider, except when otherwise specified.
(6) "In loco parentis" means the adult caring for a child eligible for WCCC in the absence of the biological adoptive, or step-parents, and who is not a relative, court-ordered guardian, or custodian, and who is responsible for exercising day-to-day care and control of the child.
(7) "Infant" is a child birth through eleven months of age.
(8) "Lockdown" means to remain inside the home when police or an official emergency response agency notifies a provider that it is unsafe to leave or be outdoors during an emergency situation.
(9) "Parent" means, for the purposes of this chapter, the "in loco parentis" or the biological, adoptive, or step-parent, court-ordered guardian, or custodian eligible for WCCC benefits under this chapter.
(10) "Subsidy payment begin date" means the first day the provider is authorized to start billing for care provided to eligible children.
(11) "Supervise" or "supervision" means a provider must be able to see or hear the children they are responsible for at all times. Providers must use their knowledge of each child's development and behavior to anticipate what may occur to prevent unsafe or unhealthy events or conduct, or to intervene in such circumstances as soon as possible. Providers must also reposition themselves or the children to be aware of where children are and what they are doing during care. Providers must reassess and adjust their supervision each time child care activities change.
(12) "Swimming pool" means a pool that has a water depth greater than two feet.
(13) "Technical assistance" means the provision of customized supports to develop or strengthen processes, knowledge application, or implementation of services by providers.
(14) "Toddler" means a child twelve months through twenty-nine months of age.
(15) "Wading pool" means a pool that has a water depth of less than two feet. A portable wading pool is one that is formed of molded plastic or inflatable parts and can be removed after use.
(16) "Water activities" refers to the activities in which children in care swim or play in a body of water that poses a risk of drowning for children.
(17) "WCCC" means the working connections child care program, a child care subsidy program available to eligible families to help pay for child care.
PART II
PROVIDER APPROVAL AND RESPONSIBILITIES
NEW SECTION
WAC 110-16-0010Provider approval.
(1) To be approved as a family, friend, and neighbor (FFN) in-home/relative provider for the WCCC program, the individual must:
(a) Be eighteen years of age or older;
(b) Complete the approval process that will include, but not be limited to, providing:
(i) Legal name, current street address, telephone number, and email address;
(ii) Documents required to establish that the individual meets legal employment eligibility requirements that may include, but are not limited to:
(A) A legible copy of the individual's valid Social Security card; and
(B) A legible copy of the individual's valid government issued photo identification, such as a current driver's license, Washington state identification, or passport.
(c) Meet all applicable WCCC subsidy and background check requirements of chapters 110-15 and 110-06 WAC.
(2) An individual will not be approved to receive WCCC subsidy payment as a provider for an eligible child in his or her care if the individual is:
(a) The child's biological or adoptive parent, step-parent, or the parent's live-in partner;
(b) The child's legal guardian or the guardian's spouse or live-in partner;
(c) An adult acting in loco parentis or that adult's spouse or live-in partner;
(d) An individual with a revoked child care license; or
(e) Receiving temporary assistance for needy families (TANF) benefits on behalf of the eligible child.
(3) Providers are not eligible to receive WCCC benefits for their own children for the same hours for which they receive payment for child care they provide for other WCCC-eligible children.
NEW SECTION
WAC 110-16-0015Provider responsibilities.
(1) The provider must:
(a) Agree to provide care, supervision, and daily activities based on the child's developmental needs, including health, safety, physical, nutritional, emotional, cognitive, and social needs;
(b) Report any legal name, address, or telephone number changes to DCYF within ten days;
(c) Comply with the requirements contained in this chapter and the applicable requirements in chapters 110-06 and 110-15 WAC;
(d) Allow parents access to their own children at all times while in care; and
(e) Have access to a telephone with 911 emergency calling services and capability for both incoming and outgoing calls during all times children are in care.
(2) The provider must not submit an invoice for more than six children for the same hours of care.
(3) Care must be provided in the following locations:
(a) Providers related to the child by marriage, blood relationship, or court decree and who are grandparents, great-grandparents, siblings (if living in a separate residence), aunts, or uncles, must choose to be approved to provide care in either the provider's home or the child's home, with the exception that providers residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.
(b) Providers related to the child by marriage, blood, or court decree, but not listed in (a) of this subsection, must choose to be approved to provide care in either the provider's home or the child's home, with the exception that providers residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.
(c) Providers not related to the child, such as friends or neighbors must provide care in the child's home.
(4) Providers must comply with health and safety activities as follows:
(a) Providers related to the child as described in subsection (3)(b) of this section, must participate in a technical assistance phone call with the department within ninety days of the subsidy payment begin date and annually thereafter;
(b) Providers not related to the child, as described in subsection (3)(c) of this section:
(i) Must complete the department-approved training required in WAC 110-16-0025; and
(ii) Must have an annual technical assistance visit in the child's home.
PART III
HEALTH AND SAFETY REQUIREMENTS
NEW SECTION
WAC 110-16-0025Health and safety training.
(1) A provider not related to the child, as described in WAC 110-16-0015 (3)(c) must complete the following training within ninety calendar days of the subsidy payment begin date:
(a) Infant, child, and adult first aid and cardiopulmonary resuscitation (CPR):
(i) This training must be taken in person and the provider must demonstrate learned skills to the instructor.
(ii) The instructor must be certified by the American Red Cross, American Heart Association, American Safety and Health Institute, or other nationally recognized certification program.
(b) Prevention of sudden infant death syndrome and safe sleep practices when caring for infants; and
(c) Department-approved health and safety training which includes the following topic areas:
(i) Prevention and control of infectious diseases;
(ii) Administration of medication;
(iii) Prevention of, and response to, emergencies due to food and allergic reactions;
(iv) Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic;
(v) Prevention of shaken baby syndrome, abuse head trauma, and child maltreatment;
(vi) Emergency preparedness and response planning for natural disaster and human-caused events;
(vii) Handling and storage of hazardous materials and the appropriate disposal of bio contaminants;
(viii) Appropriate precautions in transporting children;
(ix) Recognition and reporting of child abuse and neglect, including the prevention of child abuse and neglect as defined in RCW
26.44.020 and mandatory reporting requirements under RCW
26.44.030; and
(x) Other topic areas as determined by the department.
(2) A provider not related to the child, as described in WAC 110-16-0015 (3)(c) can meet the health and safety training in subsection (1)(c) of this section if the department verifies that the provider has completed any of the following either prior to or within ninety calendar days of the subsidy payment begin date:
(a) Child care basics, a department-approved thirty-hour health and safety training.
(b) Washington state early childhood education initial certificate (twelve credits) that includes early childhood education and development 105 health, safety, and nutrition.
(3) A provider not related to the child, as described in WAC 110-16-0015 (3)(c), who, on October 1, 2018, has an existing WCCC subsidy authorization with an end date on or before December 30, 2018, does not need to complete the training required under subsections (1) or (2) of this section. If the provider is reauthorized for payment beginning January 1, 2019, or later, the provider must complete the training required under subsections (1) and (2) of this section unless exempt from training under subsection (2)(b) of this section.
(4) A provider not related to the child, as described in WAC 110-16-0015 (3)(c), must annually renew portions of the training required in subsection (1)(c) of this section, as determined by state or federal requirements.
NEW SECTION
WAC 110-16-0030Health and safety activities.
(1) Providers not related to the child as described in WAC 110-16-0015 (3)(c), must comply with the following health and safety activity requirements:
(a) Complete the Parent and FFN Provider Health and Safety Agreement; and
(b) Participate in an annual, scheduled visit in the child's home. If necessary, as determined by the department, follow-up visits may occur on a more frequent basis.
(2) The Parent and FFN Provider Health and Safety Agreement must:
(a) Be signed by the provider and parent(s) and verify that the parent(s) and provider discussed and reviewed all of the topics and subject matter items contained in the agreement. The subject matter items include, but are not limited to, emergency contacts, fire and emergency prevention, knowledge and treatment of children's illnesses and allergies, developmental and special needs, medication administration, safe transportation, child immunizations, and safe evacuation; and
(b) Be received by the department within forty-five days of completion of the training requirements in WAC 110-16-0025 (2)(a) or verification of the training exemption in WAC 110-16-0025 (2)(b).
(3) The purpose of the annual, scheduled visit in the child's home is to:
(a) Provide technical assistance to the provider regarding the health and safety requirements described in this chapter;
(b) Observe the provider's interactions with the child, and discuss health and safety practices;
(c) Provide written information and local resources about child development to include the major domains of cognitive, social, emotional, physical development, and approaches to learning; and
(d) Provide regional contact information for FFN child care services and resources.
(4) If the department is not able to successfully complete a scheduled visit with the provider in the child's home after three attempts, the provider will be deemed not in compliance with the requirements of this chapter.
(5) At the annual, scheduled visit, the provider must show:
(a) Proof of identity;
(b) Proof of current certification for first aid and cardiopulmonary resuscitation (CPR) in the form of a card, certificate, or instructor letter;
(c) Proof of vaccination against or acquired immunity for vaccine-preventable diseases for all children in care, if the provider's children are on-site at any time with the eligible children. Proof can include:
(i) A current and complete department of health certificate of immunization status (CIS) or certificate of exemption (COE) or other department of health approved form; or
(ii) A current immunization record from the Washington state immunization information system (WA IIS).
(d) Written permission from the parent to:
(i) Allow children to use a swimming pool;
(ii) Administer medication for treatment of illnesses and allergies of the children in care;
(iii) Provide for and accommodate developmental and special needs; and
(iv) Provide transportation for care, activities, and school when applicable.
(e) The written home evacuation plan required in WAC 110-16-0035 (4)(c).
NEW SECTION
WAC 110-16-0035Health and safety practices.
(1) 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 according to the required health and safety training:
(a) Prevention and control of infectious diseases;
(b) Prevention of sudden infant death syndrome and safe sleep practices, including sudden infant death syndrome/sudden unexpected infant death syndrome risk reduction; and
(c) Recognition and reporting of child abuse and neglect as defined in RCW
26.44.020 and mandatory reporting requirements under RCW
26.44.030.
(2) Medication administration. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following medication administration 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.
(3) Indoor building and physical premises safety. Providers not related to the child, as described in WAC 110-16-0015 (3)(c), must comply with the following indoor 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 and cannabis products and containers holding tobacco and cannabis products 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 one and three-quarter inch or less are 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;
(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, exposed wires, and electrical/extension cords.
(b) During care hours, providers must not themselves, and 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.
(4) Outdoor building and physical premises safety. 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:
(a) 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;
(b) 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;
(c) Toxic plants or plants with poisonous leaves such as foxglove, morning glory, tomato, potato, rhubarb, or poison ivy;
(d) Extreme weather conditions such as:
(i) Heat in excess of one hundred degrees Fahrenheit;
(ii) Cold below twenty degrees Fahrenheit;
(iii) Lightning storm, tornado, hurricane or flooding; and
(iv) Air quality warnings by public health or other authorities.
(e) Bodies of water such as:
(i) Swimming pools when not being used, portable wading pools, hot tubs, spas, and jet tubs;
(ii) Ponds, lakes, storm retention ponds, ditches, fountains, fish ponds, landscape pools, or similar bodies of water; and
(iii) Uncovered wells, septic tanks, below grade storage tanks, farm manure ponds, or other similar hazards.
(f) Streets, alleyways, parking lots or garages.
(5) Emergency preparedness and response planning. 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 gathering spot 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 pick-up 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.
(6) 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 appropriate for the size and age of each child in care;
(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.
(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:
(i) Diapering;
(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.
NEW SECTION
WAC 110-16-0040Compliance.
(1) If the department determines a provider has failed to comply with a requirement described in this chapter, the department may do one or more of the following:
(a) Offer and provide technical assistance for the purpose of correcting noncompliance issues that arise from WAC 110-16-0015, 110-16-0025, 110-16-0030, or 110-16-0035;
(b) Require an in-home compliance agreement (ICA) for the purpose of correcting noncompliance issues;
(c) Take steps to initiate termination of the provider's participation in the WCCC subsidy programs; and
(d) Take steps to initiate a determination of child care subsidy payment discrepancies pursuant to WAC 110-15-0266 that may have resulted from noncompliance issues.
(2) An in-home compliance agreement (ICA) must contain the following:
(a) A description of the noncompliance issues and the regulations or statutes violated;
(b) A statement from the provider describing the provider's proposed plan to comply with the regulations or statutes;
(c) The date by which the noncompliance issues must be corrected;
(d) A statement of other corrective action that may be required if compliance does not occur by the specified date;
(e) The signatures of the provider and the department representative agreeing to the terms of the ICA; and
(f) A statement from the department indicating whether the corrective action requirements were satisfactorily met.
(3) The length of time the department may allow for the provider to make the corrections necessary to be in compliance will be determined by the department with consideration given to:
(a) The seriousness of the noncompliance; and
(b) The threat to the health, safety, and well-being of the children in care.