(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.

(6) These rules implement chapters ((43.215))43.216 and 43.43 RCW, including ((DEL)), but not limited to, DCYF responsibilities in RCW ((43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, and 43.43.832))43.216.260, 43.216.270 through 43.216.273, and 43.43.830 through 43.43.832.

(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.

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.

"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.

"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.

(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:

(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.

(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.

(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.

(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.))

(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.

(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.

(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.

(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.

(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.

(1) The department will investigate and conduct a redetermination of the background clearance of a subject individual if the department receives a complaint or information from individuals, a law enforcement agency, or other federal, state, or local government agency.

(2) Subject to the requirements in RCW ((43.215.215))43.216.270, the department may immediately suspend or modify the subject individual's background clearance.

(3) Subject to the requirements in RCW ((43.215.300 and 43.215.305))43.216.300 and 43.216.305, and based on a determination that a subject individual lacks the appropriate character, suitability, or competence to provide ((child care or)) early learning services to children, the department may disqualify the subject individual from having any unsupervised access to children ((receiving early learning services)).

(1) The early learning services provider must report to the department within twenty-four hours if he or she has knowledge of the following with respect to a subject individual ((working in that child care agency or who resigns or is terminated with or without cause))associated with their services, who has a background check clearance authorization with the department:

(a) Any nonconviction and conviction information for a crime listed in WAC ((170-06-0120))110-06-0120;

(b) Any other nonconviction and conviction information for a crime that could be reasonably related to the subject individual's suitability to provide care for or have unsupervised access to children in care; or

(c) Any negative action as defined in WAC ((170-06-0020))110-06-0020.

(2) A subject individual who has been issued a background check clearance authorization pursuant to WAC ((170-06-0040))110-06-0040 must report nonconviction and conviction information to the department involving a disqualifying crime under WAC ((170-06-0120))110-06-0120 against that subject individual within twenty-four hours after he or she becomes aware of the event constituting the nonconviction or conviction information.

(3) A subject individual who intentionally or knowingly fails to report to the department as provided in subsection (1) or (2) of this section may have his or her background check clearance suspended. This penalty will be in addition to any other penalty that may be imposed as a result of a violation of this chapter or ((chapter 170-151, 170-295, or 170-296A WAC))of the applicable provisions of any chapter of Title 110 WAC that implement the authority and requirements of chapter 43.216 RCW.

As part of the background check process the department will conduct a character, suitability or competence assessment as follows:

(1) Compare the background information with the ((DEL director's))DCYF secretary's list, WAC ((170-06-0120))110-06-0120, to determine whether the subject individual must be disqualified under WAC ((170-06-0070))110-06-0070 (1) and (2). In doing this comparison, the department will use the following rules:

(a) A pending charge for a crime or a deferred prosecution is given the same weight as a conviction.

(b) If the conviction has been renamed it is given the same weight as the previous named conviction. ((For example, larceny is now called theft.))

(c) Convictions whose titles are preceded with the word "attempted" are given the same weight as those titles without the word "attempted."

(d) The term "conviction" has the same meaning as the term "conviction record" as defined in RCW 10.97.030 and may include convictions or dispositions for crimes committed as either an adult ((or a juvenile)). It may also include convictions or dispositions for offenses for which the person received a deferred or suspended sentence, unless the record has been expunged according to law.

(e) Convictions and pending charges from other states or jurisdictions will be treated the same as a crime or pending charge in Washington state. If the elements of the crime from the foreign jurisdiction are not identical or not substantially similar to its Washington equivalent or if the foreign statute is broader than the Washington definition of the particular crime, the defendant's conduct, as evidenced by the indictment or information, will be analyzed to determine whether the conduct would have violated the comparable Washington statute.

(f) The crime will not be considered a conviction for the purposes of the department when the conviction has been the subject of an expungement, pardon, annulment, certification of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(2) Evaluate any negative action information to determine whether the subject individual has any negative actions requiring disqualification under WAC ((170-06-0070(3)))110-06-0070(3).

(3) Evaluate any negative action information and any other pertinent background information, including nondisqualifying criminal convictions, to determine whether disqualification is warranted under WAC ((170-06-0070 (4), (5) or (7)))110-06-0070 (5), (6), or (7).

(4) ((Except for the protected contents of the FBI record of arrest and prosecution (RAP) sheet and subject to federal regulation, the department may discuss the results of the criminal history and background check information with the authorized personnel of the early learning service provider.))If DCYF has reason to believe that additional information is needed to determine the character, suitability or competence of the subject individual to care for or have unsupervised access to children receiving early learning services, additional information will be requested. The subject individual must provide to the department any additional reports or information that it requests.

(1) The department will notify the subject individual in writing if he or she is disqualified by the background check.

(2) If the department sends a notice of disqualification, the subject individual will not be authorized to care for or have unsupervised access to children receiving early learning services, or to be present on the early learning service's premises during the hours for which child care is provided.

(3) Any decision by the department to disqualify a subject individual under this chapter is effective immediately upon receipt of written notice from the department to the subject individual.

(1) Any subject individual has a right to contest the department's disqualification decision under WAC ((170-06-0070))110-06-0070 and must request a hearing within twenty-eight days of receipt of the written disqualification decision, regardless of whether the subject individual requests ((that the licensing supervisor review))a department reconsideration of the disqualification under WAC 110-06-0115.

(2) A request for a hearing must meet the requirements of chapter ((170-03))110-03 WAC.

(3) Any decision by the department to disqualify a subject individual under this chapter will remain in effect pending the outcome of the administrative hearing or review under chapter ((170-03))110-03 WAC, notwithstanding any provision of chapter ((170-03))110-03 WAC to the contrary.

(1) If the disqualification is based on a criminal conviction, the subject individual cannot contest the conviction in the administrative hearing.

(2) If the disqualification is based on a finding of child abuse or neglect, or a finding of abandonment, abuse, neglect, exploitation, or financial exploitation of a vulnerable adult as defined in chapter 74.34 RCW, the subject individual cannot contest the finding if:

(a) The subject individual was notified of the finding by the department of social and health services (DSHS) and failed to request a hearing to contest the finding; or

(b) The subject individual was notified of the finding by DSHS and requested a hearing to contest the finding, but the finding was upheld by final administrative order or superior court order.

(3) If the disqualification is based on a court order finding the subject individual's child to be dependent as defined in chapter 13.34 RCW, the subject individual cannot contest the finding of dependency in the administrative hearing.

(4) If the disqualification is based on a negative action as defined in WAC ((170-06-0020))110-06-0020 the subject individual cannot contest the underlying negative action in the administrative hearing if the subject individual was previously given the right of review or hearing right and a final decision or finding has been issued.

(1) Subject to the requirements contained in chapter ((170-06))110-06 WAC the department may reconsider an earlier decision to disqualify a subject individual.

(2) ((The disqualified subject individual must submit with his or her request for reconsideration a current and complete background check form and fingerprint card pursuant to WAC 170-06-0040.

(3))) For a disqualification based on WAC ((170-06-0070(4), 170-06-0070 (7)(a), (c), or (e)))110-06-0070 (5) or (7)(a), (c), or (e), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would prevent the subject individual from caring for or having unsupervised access to children receiving early learning services. For purposes of (((3)))subsection (2) of this ((subsection))section a disqualification based on a "negative action," WAC ((170-06-0070(4), 170-06-0070 (7)(c) or (e)))110-06-0070 (5) or (7)(c) or (e) does not include a decision, final determination, or finding made by an agency or administrative law judge that relates to:

(a) The commission of abuse or neglect of a child as defined in chapters 26.44 RCW and 388-15 WAC; or

(b) The commission of abuse or neglect of a vulnerable adult as defined in chapter 74.34 RCW.

(((4)))(3) For a disqualification based on any of the circumstances described in WAC ((170-06-0070(3), 170-06-0070 (7)(b) or (d)))110-06-0070 (3) and (7)(b) or (d), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would constitute a danger to a child's welfare if the individual is allowed to care for or have unsupervised access to children in care.

(((5)))(4) The department will not reconsider qualifying a subject individual that was disqualified under WAC ((170-06-0120(1)))110-06-0120(1).

(((6)))(5) The department will not reconsider qualifying a subject individual that was disqualified under WAC ((170-06-0120(2)))110-06-0120(2) for a period of five years from the date of the disqualifying conviction.

(1) A subject individual's conviction for any crimes listed in column (a) in the table below will permanently disqualify him or her from authorization to care for or have unsupervised access to children receiving early learning services.

(2) A subject individual's conviction for any crime listed in column (b) in the table below will disqualify him or her from authorization to care for or have unsupervised access to children receiving early learning services for a period of five years from the date of conviction.

Child care providers who accept child care subsidies must do the following:

(1) ((Comply with:

(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.

(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:

(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:

(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))DCYF;

(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((;

(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((:

(8) Not))required by DCYF.

(a) Claim a payment in any month a child has not attended at least one day within the authorization period in that month((.

(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;

(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

(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state))consumers for:

(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.

((To receive payment under the WCCC program, a consumer's child care provider must be:)) (1) ((An))In-home/relative providers. ((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:

(ii) Meet the provider's)).

(ii) Comply with the bordering state's licensing regulations((, for providers who care for children in states bordering Washington. DSHS pays));

(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

(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((.

(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.

(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))DCYF-contracted seasonal day camps have a contract with DEL to provide subsidized child care.

(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.

(3) A violation)).

(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.