WSR 21-05-060
[Filed February 16, 2021, 10:54 a.m.]
Subject of Possible Rule Making: Updating foundational quality standards for early learning programs, including the department of children, youth, and families' (DCYF) authority to access licensed space and the consequences for refusing access, emergency exits, and immunization requirements. Rule making may include technical corrections.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.216.055, 43.216.065, and 43.216.250.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Uncertainty exists among licensed early learning providers about when and why the department may access licensed space and rules are needed to better clarify the department's statutory authority.
Rules to restore emergency exit requirements previously codified in chapter 170-296A WAC and erroneously repealed without adoption in chapter 170-300 WAC are needed to become compliant with federal safety requirements for child cares that entitle the state to receive subsidized child care appropriations.
Rules to align immunization requirements with the department of health's (DOH) latest immunization requirements for child cares and needed to maintain consistency between agencies and promote licensed programs' compliance with DOH requirements.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Administration for Children and Families, Office of Child Care administers the federal Child Care Development Fund (CCDF) and ensures that Washington and all other states receiving CCDF appropriations comply with federal requirements. DCYF submits a CCDF plan every three years to the Office of Child Care that serves as a grant application and describes how DCYF will comply with federal CCDF participation requirements. DCYF engages in any necessary rule making to implement the plan once it is approved. DCYF also collaborates with and seeks approval from the state DOH on rules covering health and environmental standards.
Process for Developing New Rule: Negotiated rule making; and collaborative.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tyler Farmer, phone 360-628-2151, email, website,; or DCYF rules coordinator, email
February 16, 2021
Brenda Villarreal
Rules Coordinator