WSR 26-10-098
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed May 6, 2026, 10:50 a.m.]
Subject of Possible Rule Making: The licensing division is amending WAC 110-300-0005 Definitions, 110-301-0005 Definitions, 110-302-0005 Definitions, 110-300-0105 Preservation requirements, 110-301-0105 Preservation requirements, 110-302-0105 Preservation requirements, 110-300-0356 Center capacity, ratio, and group size, 110-300-0400 Application, 110-301-0400 Application, 110-302-0400 Application, 110-300-0420 Prohibited substances, 110-301-0420 Prohibited substances, and 110-302-0420 Prohibited substances; other related rules.
Statutes Authorizing the Agency to Adopt Rules on this Subject: ESHB 2219.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESHB 2219 requires the following:
That the premises of all licensed settings are absent of high-potency synthetic opioids, drug manufacturing equipment, and drug paraphernalia.
The minimum licensing requirements must include a zero-tolerance policy for imminent physical harm.
oImminent physical harm is defined as the presence of high-potency synthetic opioids or drug manufacturing equipment in the licensed facility or program space.
oUpon violation of the zero-tolerance policy, the department of children, youth, and families (DCYF) will issue an immediate summary suspension to the licensee.
Additional time frame requirements for mixed age groups. These new requirements create greater flexibility for centers to combine different age groups for limited parts of the day.
DCYF must waive the early learning program preservice requirement to complete a department-provided orientation when individuals have previously completed the applicable orientation and:
oIt has been less than five years since completion of the orientation;
oThe orientation content and licensing process have not substantially changed since the date of completion; and
oThe individual has not had a break in service either as a licensed child care provider or working in a licensed child care facility.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Not applicable.
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 Brett Skinner, P.O. Box 9809, Vancouver, WA 98666, phone 360-601-0885, email brett.skinner@dcyf.wa.gov, website www.dcyf.wa.gov; or Amy Emerson, 1500 Jefferson Street S.E., Olympia, WA 98501, phone 360-972-5385, email amy.emerson@dcyf.w.gov [amy.emerson@dcyf.wa.gov], website www.dcyf.wa.gov.
May 6, 2026
Brenda Villarreal
Rules Coordinator