Title 110 WAC — Children, Youth, and Families, Department of

Chapter 110-01 Public disclosure.

Wash. Admin. Code § 110-01-0010 Purpose.

The purpose of this chapter is to provide rules for the department to implement the Public Records Act, chapter 42.56 RCW.

History

WSR 18-14-078, recodified as § 110-01-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0010, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0010, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0020 Definitions.

The definitions set forth in chapter 42.56 RCW shall apply to this chapter. The following definitions also apply to this chapter.

"Authorization" means a detailed document that gives the department permission to use or disclose confidential information records for specified purposes.

"Client" means a person who receives services or benefits from the department.

"Department" means the department of children, youth, and families. Where appropriate, "department" also may refer to the officials and employees of the department of children, youth, and families.

"Disclosure" means inspection or copying of public records, unless the record is exempt from disclosure by law.

"Public records" includes any writing, as defined in RCW 42.56.010, containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Almost all records held by an agency relate to the conduct of government; however, some do not. A purely personal record having no relation to the conduct of government is not a "public record." While the contents of the personal record might not be a public record, a transaction of the record itself may be.

"Public records officer" or "PRO" means the designated person for the department who oversees all records requests under RCW 42.56.580. This person is identified in the Washington state register.

"Redact" means to edit from a released record information that is exempt from disclosure to the public, by covering over the information with black ink or other method without deleting the information from the original record.

History

WSR 18-14-078, recodified as § 110-01-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0020, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0020, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0020, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0030 Department locations.

(1) The administrative office of the department is located at 1500 Jefferson Street, S.E., Olympia, Washington.

(2) Field offices are located throughout the state and contact information can be found on the department's website, www.dcyf.wa.gov.

History

WSR 18-14-078, recodified as § 110-01-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0030, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0030, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0030, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0040 Public records officer.

The department's director will appoint a public records officer (PRO) whose responsibility is to serve as a "point of contact" for members of the public seeking public records. The department will provide the public records officer's name and contact information by publishing it in the state register. The department will also provide the public records officer's contact information on its website, www.dcyf.wa.gov.

A request may be fulfilled by the PRO, or department staff designated by the PRO.

History

WSR 18-14-078, recodified as § 110-01-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0040, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0040, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0050 Records index.

(1) The records retention schedule established by the division of state archives of the office of the secretary of state serves as an index for the identification and location of the department's records including those described in RCW 42.56.070(5).

(2) The records retention schedule indexes records according to the originating program or section, and then the record series title. Each title is further identified by a statement of function or purpose, and the retention period. The records retention schedule is available to the public for inspection and copying. The records retention schedule is updated by the department as needed. With the assistance of the public records officer or designee, any person can obtain access to the department's public records using the records retention schedule.

History

WSR 18-14-078, recodified as § 110-01-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0050, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0050, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0100 Availability of public records.

Public records are available for inspection and copying during the department's normal business hours, Monday through Friday, 8 a.m. to 5 p.m., excluding legal holidays. A department staff person must be present at all times when a record is being inspected. Appointments are not required, but significantly help the department provide prompt and efficient service. Some department records may be stored in other locations, in computer storage systems, or the state records warehouse, and may take time to identify and gather. Other records may be exempt from disclosure. Original records cannot be removed from the inspection location. If required by law, department staff must redact information in a record before making it available for inspection. Department staff will make copies of records on request.

History

WSR 18-14-078, recodified as § 110-01-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0100, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0100, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0110 Organization of records.

The department will maintain its records in an organized manner and will take reasonable actions to protect records from damage and disorganization. Records available on the department's website, www.dcyf.wa.gov, are available to the public without a records request, and the department does not copy those records. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

History

WSR 18-14-078, recodified as § 110-01-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0110, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0110, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0120 How to make a public records request.

WAC 110-01-0120

(1) Public records requests may be made directly to the department's public records officer:

(a) Verbally; or

(b) In writing.

(2) Public records requests made in writing may be:

(a) Emailed to dcyf.publicdisclosure@dcyf.wa.gov;

(b) Faxed to 360-407-5571;

(d) Delivered in-person to 1500 Jefferson Street S.E., Olympia, Washington.

(3) The department's public records request form is available on its website or can be requested from the public records officer. The department recommends that requestors submit requests in writing using the department's public records request form.

(4) The department advises that written public records requests made without using the department's public records request form contain at least the following information:

(a) Name of requestor;

(b) Address of requestor;

(d) Date of the request;

(e) A detailed description of the identifiable records being requested; and

(f) If the records being requested includes a list of individuals or businesses, a statement that the list will not be used for commercial purposes, which is prohibited by law.

(5) The department may ask individuals requesting public records for proof of identification or authorization when the law restricts disclosure to specific individuals. Requests by third parties for confidential records, including records governed by chapter 13.50 RCW, must be accompanied by a valid authorization as set forth in WAC 110-01-0205.

History

Statutory Authority: RCW 42.26.040. WSR 26-16-077, s 110-01-0120, filed 8/4/26, effective 9/4/26. WSR 18-14-078, recodified as § 110-01-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0120, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0120, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0120, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0200 How the department responds to public records requests.

Within five business days of receiving the request, the department will either:

(1) Provide the record;

(2) Acknowledge the request and give a reasonable time estimate of how long the department will take to provide records;

(3) Contact the requestor to clarify the request if it isn't understood by the public records officer; or

(4) Deny all or part of the request in writing, with reasons for the denial. The explanation will include the law that the department relied upon in its denial.

At their discretion, the public records officer may send the requested records by email, fax, postal mail, or commercial delivery. The records may be delivered on paper, computer or compact discs, or other methods.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-01-0200, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-01-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0200, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0200, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0205 Third-party requests for otherwise confidential records.

(1) A third party, such as a department client's attorney or lay representative, may access otherwise confidential records about a department client with a valid authorization.

(2) The authorization should:

(a) Identify the client;

(b) Identify the individual(s) or organization(s) authorized to receive the records;

(d) Identify the record(s) that the client wants the department to release;

(e) State the date the authorization expires or an expiration event that relates to the client or the purpose of the use of disclosure;

(f) State the reason for disclosure;

(g) State the right to revoke;

(h) State the potential for redisclosure;

(i) As appropriate, include specific language authorizing the department to release any one or more of the following to the requestor: Substance use disorder records, child welfare records, adoption records, records concerning reproductive health and sexually transmitted diseases, and mental health records; and

(j) Include a dated, verified signature of the individual with legal authority to authorize the release of records.

(3) The department may ask for additional proof to verify the third-party's authority to access confidential records when required by law.

(4) In general, a parent may access confidential records about a child under age eighteen. A child must consent to disclosure of the following confidential records:

(a) At any age, birth control, and abortion records (see RCW 9.02.100);

(b) If over age thirteen, substance use disorder and mental health records (see 42 C.F.R., Part 2 and RCW 71.34.530);

(d) If over age eighteen, all client records held by the department.

(5) Legal guardians under Title 13 RCW and legal custodians under chapter 26.10 RCW are not considered third parties for the purposes of accessing records pertaining to children in their care and custody.

History

WSR 18-15-015, recodified as § 110-01-0205, filed 7/9/18, effective 7/9/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-092, § 170-01-0205, filed 6/18/18, effective 7/19/18.

Wash. Admin. Code § 110-01-0206 Notifying third parties of a request.

(1) If records responsive to a public records request identify or pertain directly to an individual or organization other than the requestor, the department may notify the named individual or organization about the request.

(2) The department's third-party notice may include:

(a) A copy of the original request;

(b) If appropriate, a copy of the records that identify or pertain to the third party;

(d) A statement that the third party may prevent release of the record by agreement or by bringing a lawsuit and getting an injunction against the department and the requestor under RCW 42.56.540 prior to the intended release date.

(3) The department may inform the requestor that:

(a) A third party has been notified of the request;

(b) The department provided the third party with a due date for objecting to disclosure; and

(c) The third party may bring a lawsuit against the requestor and the department under RCW 42.56.540 to prohibit disclosure.

History

WSR 18-15-015, recodified as § 110-01-0206, filed 7/9/18, effective 7/9/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-092, § 170-01-0206, filed 6/18/18, effective 7/19/18.

Wash. Admin. Code § 110-01-0230 Reasons for denying disclosure of all or part of a record.

RCW 42.56.030 states that the Public Records Act "shall be liberally construed and its exemptions narrowly construed." The department will provide all records required by law. However, there are times when all or part of a record request may be denied, such as when:

(1) The record is exempt from disclosure by law.

(2) The request is for lists of individuals for commercial purposes, including family home providers.

(3) The requestor has not asked for an identifiable record. The Public Records Act requires access to existing, identifiable public records in an agency's possession at the time of the request.

(4) The request requires the department to collect or organize data to create a public record, or to give data that did not exist at the time of the public records request.

History

WSR 18-14-078, recodified as § 110-01-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0230, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0230, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0240 Types of records that may be exempt from disclosure.

(1) Public records and information may be exempt from disclosure or production under chapter 42.56 RCW or other state or federal laws. Commonly applicable exemptions include, but are not limited to, the following:

(a) Under RCW 42.56.230(1), personal information in files maintained for welfare recipients and patients or clients of public institutions or public health agencies;

(b) Under RCW 42.56.230(2), personal information in files maintained for a child enrolled in licensed child care;

(d) Under chapter 26.33 RCW and related federal laws, information and records about adoption;

(e) Under RCW 42.56.230(3), personal information in files maintained for department employees or elected officials to the extent that disclosure would violate their privacy rights;

(f) Under RCW 42.56.250, personal information in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency; and

(g) Under RCW 42.56.640(2), names of family child care providers.

(2) If the requested public record contains information that is exempt from public disclosure, the department may:

(a) As appropriate, release the nonexempt portion, explaining what exemptions apply to redacted portions of the record;

(b) As appropriate, deny release of the entire record and send a written explanation citing the exemption that applies to the denial; or

(c) When a denial would reveal confidential information, neither confirm nor deny the existence of the requested records and provide the legal basis for confidentiality as if the responsive records existed.

History

WSR 18-14-078, recodified as § 110-01-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0240, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0240, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0250 If the public record requested is exempt from disclosure.

If the department determines that a record is exempt from disclosure, the requestor will be informed in writing of the specific exemption authorizing DEL to withhold the record.

History

WSR 18-14-078, recodified as § 110-01-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0250, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0250, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0260 If only part of the record requested is exempt from disclosure.

The department may redact (see WAC 170-01-0020) identifying details or other information when the information is not subject to disclosure. The requestor will be informed in writing of the exemptions authorizing the department to withhold information within a record.

History

WSR 18-14-078, recodified as § 110-01-0260, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0260, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0260, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0270 Department reviews of records request denials.

(1) All review requests must be in writing (letter, fax or email). All review requests must specify the part or parts of the denial or redaction that the requestor wishes to be reviewed.

(2) If the department denies all or part of a request, or redacts any portion of a record, the requestor may request a review of this decision by:

(a) Asking the public records officer for an internal review. The denial will either be upheld or reversed within two business days after the receipt of the review request.

(b) Asking for an external review by the attorney general's office.

Requestors may initiate this by sending a request for review to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100 or publicrecords@atg.wa.gov.

To initiate a court review of a public records case, a requestor can file a "motion to show cause" which directs the agency to appear before the court and show any cause why the agency did not violate the act. The case must be filed in the superior court in the county in which the record is maintained.

History

WSR 18-14-078, recodified as § 110-01-0270, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0270, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-09-060, § 170-01-0270, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 42.56.040, 43.215.070, and chapter 43.215 RCW. WSR 12-09-035, § 170-01-0270, filed 4/11/12, effective 5/12/12.

Wash. Admin. Code § 110-01-0290 Charges for public records.

(1) There is no cost to inspect public records.

(2) Calculating the actual costs of charges for providing public records is unduly burdensome because the department does not have resources to conduct a study of actual costs for all requested records. In addition, conducting such a study would interfere with other essential agency functions.

(3) The department may do one or more of the following:

(a) Charge for copies of records according to the default fees in RCW 42.56.120 (2)(b), (c), and (d);

(b) Charge for customized services pursuant to RCW 42.56.120(3);

(d) Enter into an alternative fee agreement with a requestor under RCW 42.56.120(4).

(4) Fee waivers. The department may waive copying fees in one or more of the following circumstances:

(a) Clients receiving the first copy of their file;

(b) Producing records assists in managing a program;

(d) All of the records responsive to an entire request are paper copies only and are twenty-five or fewer pages.

(5) Advance deposits. The public records officer may require an advance deposit of ten percent of the estimated costs of copying records. The public records officer may also require the payment of the remainder of the copying costs before providing all of the records, or, when records are provided on an installment basis, require payment of the costs of copying an installment before providing that installment. If the requestor does not claim an installment of a records request, the department is not obligated to continue producing the balance of the request.

(6) A request will be closed when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

WSR 18-14-078, recodified as § 110-01-0290, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 42.56 RCW. WSR 18-13-009, § 170-01-0290, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 42.56.040. WSR 17-22-072, § 170-01-0290, filed 10/27/17, effective 11/27/17.

Chapter 110-03 Administrative hearings.

Wash. Admin. Code § 110-03-0010 Purpose and scope.

(1) Application. This chapter contains the procedural rules that apply to adjudicative proceedings involving the department of children, youth, and families (DCYF).

(2) This chapter:

(a) Where appropriate, establishes rules encouraging informal dispute resolution between DCYF and persons or entities who disagree with the department's actions; and

(b) Regulates all hearings involving DCYF.

(3) The rules of this chapter are intended to implement and supplement chapter 43.216 RCW; the Administrative Procedure Act (APA), chapter 34.05 RCW; and the model rules of procedure adopted by the office of administrative hearings (OAH), chapter 10-08 WAC. If a provision of this chapter is broader or conflicts with a more specific provision in another applicable rule or law, the more specific rule or law applies.

(4) This chapter and any amendments to this chapter apply to cases pending before OAH or a review judge at the time of adoption unless the amendment or rule specifically states otherwise. An amendment to this chapter does not require that issues already addressed by OAH or a review judge be readdressed to comply with the amendment, unless the amendment expressly says otherwise.

(5) Nothing in this chapter is intended to affect the constitutional rights of any person or to limit or change additional requirements imposed by statute or other rule. Other laws or rules determine whether a hearing right exists, including the APA and DCYF program rules and laws.

(6) Specific DCYF hearing rules contained in other chapters within this title will prevail over the rules in this chapter.

(7) Effective July 1, 2019, this chapter, not chapter 388-02 or 170-03 WAC, applies to all cases from programs administered by DCYF in which DCYF or its predecessor agencies issued a written notice of an appealable decision, including written notices issued before July 1, 2019. A petition for review of an initial order filed before July 1, 2019, will be reviewed by the body to which the petition was filed.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0010, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0020 Definitions.

The following definitions apply to this chapter:

"Adjudicative proceeding" means a proceeding in which an opportunity for a hearing occurs before an administrative law judge (ALJ) concerning an administrative appeal of a DCYF action. Hearings and prehearing conferences are elements of adjudicative proceedings. An adjudicative proceeding may take place before the office of administrative hearings (OAH) and may also encompass review proceedings before a DCYF board of appeals (BOA) review judge.

"Administrative law judge" or "ALJ" means an impartial decision-maker who is an attorney and presides over an adjudicative proceeding resulting in an initial order, or resulting in a final order if no appeal of the initial order is properly made or if no further agency appeal is available.

"Adverse action" or "DCYF action" or "department action" means licensing, the enforcement of a statute, the application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.

"Board of appeals" or "BOA" means the DCYF board of appeals, the entity to which an initial order of an ALJ may be appealed and considered by a review judge.

"Business days" means all days except for Saturdays, Sundays, federal legal holidays, and state legal holidays listed in RCW 1.16.050(1).

"Business hours" means 8:00 a.m. to 5:00 p.m. Monday through Friday, except state legal holidays.

"Calendar days" means all days including Saturdays, Sundays, federal legal holidays, and state legal holidays as listed in RCW 1.16.050(1).

"Case" means the entire adjudicative proceeding following the filing of a request for hearing with OAH.

"Continuance" means a change to a later date or time of a prehearing conference, hearing, or deadline for other action.

"DCYF" or "department" means the department of children, youth, and families.

"DCYF" or "department representative" means an employee of the department, an assistant attorney general, or special assistant attorney general authorized to represent DCYF in an administrative hearing.

"Documents" means papers, letters, writings, or other printed or written items.

"Ex parte contact" means a written or oral communication with an ALJ or review judge about something related to the hearing when all other parties are not present, as provided in RCW 34.05.455. Procedural questions are not considered an ex parte contact. Examples of procedural questions include clarifying the hearing date, time, or location or asking for directions to the hearing location.

"File" means delivering documents to OAH or the BOA at the location designated in this chapter or in a notice or order received from OAH or the BOA. The date of filing is the date documents are actually received during office hours by OAH or the BOA.

(a) Filing may be by:

(i) Personal service (hand delivery);

(ii) First class, registered, or certified mail;

(iii) Fax transmission, if the party also mails a copy of the document the same day;

(iv) Commercial delivery service; or

(v) Legal messenger service.

(b) A party cannot file documents by email, unless agreed in advance by OAH or BOA.

"Final order" means an order that is the final DCYF decision. An ALJ's initial order becomes a final order if the ALJ's initial order is not appealed to the BOA. If an ALJ's initial order is appealed to the BOA, the review judge's order is DCYF's final order. However, in the case of administrative proceedings related to juvenile parole revocation or subsidy overpayments to child care providers, the ALJ's decision is the final administrative decision.

"Good cause" means a substantial reason or legal justification for an action or for failing to appear, act, or respond to an action required under these rules. An ALJ or review judge may use the provisions of superior court civil rule 60 as a guide to determine what may be considered good cause.

For purposes of public assistance cases, good cause has the same meaning as described in RCW 74.08.080. Good cause for not requesting a hearing before the deadline may include, but is not limited to: Military deployment, medical reasons, housing instability, language barriers, or domestic violence.

"Hearing" means a meeting held before OAH or a review judge that gives an aggrieved party an opportunity to be heard, for the purpose of deciding issues of fact or law, in a dispute resulting from an appealable action taken against the party by DCYF.

"Initial order" is a decision made by an ALJ that may be reviewed by a review judge at any party's request.

"Judicial review" means a superior court's review of a final order.

"Limited-English-proficient person" or "LEP" means a person with limited ability to read, write, or speak English well enough to understand and communicate effectively.

"OAH" means the office of administrative hearings. This is a separate agency and not part of DCYF.

"Party" means DCYF or a person or entity named in a department action, or to whom a department action is directed.

"Prehearing conference" means a meeting scheduled and conducted by an ALJ in preparation for a hearing.

"Program" means a DCYF organizational unit and the services that it provides, including services provided by DCYF staff and through contracts with providers. Organizational units include, but are not limited to, DCYF offices and divisions.

"Public assistance" means public assistance as defined in RCW 74.04.004.

"Reconsideration" means reexamination of a final order on request of a party because the party believes a mistake was made.

"Record" means the official documentation of the hearing process. The record includes recordings or transcripts, admitted exhibits, decisions, briefs, notices, orders, and other filed documents.

"Representative" means the person selected by a party to represent that party in an administrative hearing. A representative may be an attorney or a lay representative who is not an attorney.

"Review" means the act of reevaluating an initial order by examining the record and issuing the DCYF final order as provided by RCW 34.05.464.

"Review judge" or "BOA review judge" means an attorney designated by the DCYF board of appeals to act as the reviewing officer and who is authorized to review ALJ initial orders and to prepare and enter the final order.

"Rule" means a state agency regulation found in the Washington Administrative Code (WAC).

"Serve" or "service" means a procedure by which notice of legal action is given to a party.

(a) Unless otherwise stated in law or rule, a party may serve another party by one of the following methods:

(i) Personal service (hand delivery);

(ii) First class, registered, or certified mail;

(iii) Fax, if the party also mails a copy of the document the same day;

(iv) Commercial delivery service;

(v) Legal messenger service; or

(vi) By any other method authorized by chapter 10-08 WAC.

(b) Service for each method, respectively, is complete when:

(i) Personal service is made;

(ii) Mail is properly stamped, addressed, and deposited in the United States mail;

(iii) Fax produces proof of transmission;

(iv) A parcel is delivered to a commercial delivery service with charges prepaid; or

(v) A parcel is delivered to a legal messenger service with charges prepaid.

(d) Notice and orders served by mail by OAH or BOA are served on the date of mailing.

"Stay" means an order temporarily halting the effective date of a DCYF action.

History

Statutory Authority: RCW 74.08.080 and 74.09.741. WSR 23-12-037, § 110-03-0020, filed 5/30/23, effective 7/1/23. Statutory Authority: RCW 13.40.220. WSR 22-22-004, § 110-03-0020, filed 10/20/22, effective 11/20/22. Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0020, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0030 Computing time for meeting deadlines in the hearing process.

(1) When counting days to determine when the time allowed or prescribed for an action under these rules or to meet a hearing deadline:

(a) Do not include the day of the action, notice, or order. For example, if an initial order is mailed on Tuesday and a party has twenty-one days from the date of mailing to request a review, count Wednesday as the first day.

(b) Count the last day of the period, unless the last day is a Saturday, Sunday, or federal or state legal holiday, in which case the deadline is the next business day.

(2) For periods of seven days or less, count only business days.

(3) For periods over seven days, count every day, including Saturdays, Sundays, and federal and state legal holidays.

(4) The deadline ends at 5:00 p.m. Pacific Time on the last day.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0030, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0040 The right to a hearing.

(1) A person or entity has a right to a hearing to appeal an action by DCYF only if a law or DCYF rule expressly gives that right and a hearing is requested in a timely manner. Except for public assistance cases, there is no good cause exception to the requirement to timely request a hearing. For public assistance cases, if an applicant or recipient does not file a request for a hearing within 90 calendar days after receiving notice of an aggrieving decision, the request may still be filed within one year of the aggrieving decision upon a showing of good cause.

(2) Some DCYF programs may require a party to complete an agency review process before requesting a hearing. The notice of DCYF action that DCYF sends a party will include information about this requirement.

(3) A party has a specific, limited time to request a hearing. The deadline for the request is set by statute or department rule. In cases where the department sends a notice of DCYF action, information about how, where, and when to request a hearing will be provided in the notice.

(4) A challenge to an appealable DCYF action is heard in an administrative hearing by an ALJ employed by OAH. Not all DCYF actions may be challenged through the hearing process.

(5) If a party properly requests a hearing that is authorized under subsection (1) of this section, OAH will schedule a hearing and serve written notice of it on the parties.

(6) If DCYF or the ALJ questions a party's right to a hearing, the ALJ decides whether the party has that right.

History

Statutory Authority: RCW 74.08.080 and 74.09.741. WSR 23-12-037, § 110-03-0040, filed 5/30/23, effective 7/1/23. Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0040, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0050 Requesting a hearing.

(1) A request for a hearing for DCYF actions must be made as provided in the notice sent by DCYF. The request for hearing can be made by the party requesting the hearing or by the party's representative.

(2) The hearing request must include:

(a) The requesting party's name, address, and telephone number;

(b) A brief explanation of why the requesting party disagrees with the DCYF action;

(d) A copy of the notice from DCYF stating the appealable action.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0050, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0060 Filing the request for hearing.

(1) When a written request for a hearing is required, a party must file the request with OAH by one of the methods described in the definition of "file" in WAC 110-03-0020. Documents must be filed in a manner that shows proof of receipt.

(2) The request must be filed using the OAH address information provided in the notice of DCYF action, or by fax at 360-664-8721.

(3) OAH is open from 8:00 a.m. to 5:00 p.m. Monday through Friday, except state legal holidays.

(4) OAH can be contacted by phone at 360-407-2700 or (toll free) 800-583-8271.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0060, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0080 Service of notice and documents.

(1) Whenever service is required under this chapter, it must be made as described in the definition of "serve" or "service" in WAC 110-03-0020.

(2) Service on DCYF should be made at the address provided in the notice of DCYF action.

(3) Documents must be served in a manner that shows proof of service, as provided in WAC 110-03-0090.

(4) A party must serve all parties, and a party's representative if the party is represented, at the same time the party files a document with OAH or BOA, or when otherwise required by law.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0080, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0090 Proof of service.

A party may prove that an opposing party was served with documents by providing any of the following:

(1) A sworn statement by the person who served the document;

(2) The certified mail receipt signed by the recipient;

(3) An affidavit or certificate of mailing;

(4) A signed receipt from the person who accepted the commercial delivery service or legal messenger service package;

(5) Proof of fax transmission; or

(6) Acknowledgment by the party being served.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0090, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0100 Representation.

(1) The party requesting the hearing may represent themselves or may have another person act as a representative.

(a) A representative may be either an attorney or a lay representative including, but not limited to, a friend, relative, community advocate, or paralegal.

(b) Current DCYF employees may not represent a party other than DCYF. Unless DCYF gives permission, no former DCYF employee may be a representative for a party other than DCYF, if that employee was actively involved in the party's case while working for DCYF, or if that employee was actively involved in the party's case while working for the department of early learning (DEL) or the department of social and health services (DSHS) on or before June 30, 2018.

(2) The representative must provide OAH and the other parties with the representative's name, address, and telephone number as soon as practically possible once the decision for representation is made. If the representative is an attorney, the attorney must file a written notice of appearance in the case. If the party's representative is not an attorney, the party must also provide a written statement to DCYF authorizing the release of the party's information to the representative.

(3) After notice of representation has been properly provided, a represented party will be considered served by service on the representative.

(4) A party must notify OAH and DCYF if a representative is no longer representing the party. Withdrawal of an attorney representative is accomplished by the attorney filing a notice of withdrawal with OAH. Withdrawal of a lay representative is accomplished by the party providing written notice to OAH, or by oral notice on the record, that the former lay representative is no longer representing the party.

(5) If the party chooses to be represented or advised by an attorney or lay representative, DCYF will not pay for that attorney's or lay representative's services, as provided under RCW 34.05.428.

(6) A request for representation as an Americans with Disabilities Act (ADA) accommodation may be made to OAH under WAC 10-24-010.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0100, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0110 Appointment of an interpreter in the hearing process.

(1) If a party or witness has LEP, OAH will provide an interpreter during the hearing at no cost to the party or witness.

(2) If OAH is notified that a party is a LEP person, all notices concerning hearings must:

(a) Be written in the party's primary language; or

(b) Include a statement, in the primary language, explaining the importance of the notice and informing the party how to get help in understanding the notice and responding to it.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0110, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0120 Interpreter qualifications.

(1) OAH must provide a qualified interpreter pursuant to chapters 2.42 and 2.43 RCW to assist any LEP party or witness in a hearing.

(2) OAH may hire or contract with persons to interpret at hearings.

(3) Neither relatives of any party nor DCYF employees may be used as interpreters.

(4) The ALJ must make a determination at the beginning of the hearing, on the record, if an interpreter can accurately interpret all communication to and from the person requesting the service. This determination will be based on:

(a) The stated needs of the person with LEP;

(b) The interpreter's education, certifications, and experience in interpreting for contested cases or adjudicative proceedings;

(d) The interpreter's impartiality.

(5) The parties and their representatives may question the interpreter's qualifications and ability to be impartial.

(6) If, at any time before or during the hearing, the ALJ finds that the interpreter does not provide accurate and effective communication, OAH must provide another interpreter.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0120, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0130 Waiver of interpreter services.

(1) A party who is eligible for appointment of a qualified interpreter under chapter 2.42 or 2.43 RCW may waive interpreter services.

(2) A request for waiver must be made in writing or through a qualified interpreter on the record. When the request is made by a hearing-impaired party represented by counsel, the party's counsel must consent to the waiver.

(3) The ALJ must make a determination that the waiver has been knowingly, voluntarily, and intelligently made.

(4) A waiver of interpreter services may be withdrawn at any time before or during the proceedings.

(5) A waiver of interpreter services at the hearing constitutes a waiver of a right to challenge any aspect of the hearing based on a lack of understanding resulting from an inability to understand or a lack of proficiency in the English language.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0130, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0140 Requirements that apply to the use of interpreters.

(1) Interpreters must:

(a) Use the interpretive mode that the parties, the LEP person, the interpreter, and the ALJ consider the most accurate and effective;

(b) Interpret statements made by the parties, witnesses, and the ALJ;

(d) Not comment on the hearing or give legal advice.

(2) The ALJ must allow enough time for all interpretations to be made and understood.

(3) If a party is hearing impaired, the ALJ may record a video of the hearing to be used for verifying the official transcript of the proceedings.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0140, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0150 Requirements that apply to decisions involving LEP parties.

(1) When an interpreter is used at a hearing, the ALJ must explain on the record that decisions are written in English and that OAH will provide an interpreter for a sight translation of the decision at no cost to the party needing interpreter services.

(2) OAH must provide the party needing interpreter services information about how to obtain those services. Information about how to access interpreter services must be attached to or included in the decision or order. The individual who provides the interpreter services does not need to be the same individual who provided the interpreter services at the hearing.

(3) OAH or the review judge must provide a copy of a decision or order to an interpreter for use in sight translation.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0150, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0160 Notice of hearing.

(1) When a hearing is requested, OAH serves the parties and their representatives, including all persons who have filed written petitions to intervene, with a written notice of the hearing date. The notice must be served not fewer than seven business days before the hearing date.

(2) The notice of hearing will include:

(a) The names, mailing addresses, and telephone numbers of all parties to whom notice is being given and, if known, the names and addresses of their representatives;

(b) The date of the hearing request;

(d) If DCYF intends to appear, the mailing address and telephone number of the office designated to represent DCYF;

(e) The name, mailing address, and telephone number of the ALJ who will preside, if known;

(f) The date, time, place, and nature of the hearing;

(g) The legal authority and jurisdiction for the hearing, including a reference to the particular sections of the statutes and rules involved; and

(h) A short and plain statement of the matters asserted by the agency.

(3) OAH will also include information with the notice of hearing stating:

(a) If a party fails to attend or participate, either personally or through a representative, in a prehearing conference or a hearing, the party may lose the right to a hearing and an order of default or an order dismissing the case may be entered against the party;

(b) If an LEP party, witness, party's representative, or individual assisting an LEP party needs an interpreter under WAC 110-03-0110 and 110-03-0120, OAH will provide a qualified interpreter at no cost to the requesting individual. The notice will include information on how to request interpreter services;

(d) How to inform OAH of any special accommodation needs for a party or witness; and

(e) How to contact OAH if a party or witness has a safety concern.

(4) The ALJ and the parties may agree to shorten the amount of notice required by any rule.

(5) Any party may request that the hearing be rescheduled if OAH does not provide the amount of notice required by these rules.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0160, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0165 Intervention.

(1) An ALJ or other presiding officer may grant a petition for intervention pursuant to RCW 34.05.443.

(2) A request to intervene will be handled as a prehearing motion. The ALJ may allow intervention if:

(a) The intervenor is not a party to the matter but has a substantial interest in the outcome of the matter and the interest of the intervenor is not adequately represented by a party; or

(b) Other good cause exists.

(3) If intervention is granted, the intervenor, though not a party, must comply with this chapter as a party to the proceeding would, unless otherwise limited in the order granting intervention.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0165, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0170 Prehearing conferences.

(1) One or more prehearing conferences may be required and conducted by an ALJ before a hearing. A prehearing conference may be set on the initiative of the ALJ or upon request of a party.

(2) OAH will send notice of the time and date of a prehearing conference to all parties and their representatives at least seven business days before the date of the prehearing conference except when:

(a) An ALJ converts a scheduled hearing into a prehearing conference; or

(b) The only purpose of the prehearing conference is to consider whether there is good cause to grant a continuance under WAC 110-03-0250.

(3) The ALJ must reschedule the hearing if necessary to comply with the prehearing notice requirement.

(4) An ALJ may conduct the prehearing conference in person, by telephone conference call, by electronic means, or in any other manner acceptable to the parties.

(5) Attendance by the parties and their representatives at all scheduled prehearing conferences is mandatory. A party may lose the right to participate during the hearing if that party or that party's representative does not attend the prehearing conferences. A party's appeal may be dismissed if a party or that party's representative did not attend the prehearing conferences.

(6) Additional prehearing conferences may be requested by the parties or set by the ALJ to address procedural or other issues specific to the case.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0170, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0180 Purposes of prehearing conferences.

(1) The purposes of the prehearing conferences are to clarify issues, set deadlines for the parties to exchange information regarding witnesses and evidence, and set the time for the hearing.

(2) During a prehearing conference, the parties and the ALJ may:

(a) Simplify or clarify the issues to be decided during the hearing;

(b) Agree to the date, time, and place of the hearing;

(d) Agree to continue the hearing;

(e) Allow the parties to make changes in their own documents including, but not limited to, the DCYF notice of an appealable action or the appealing party's hearing request;

(f) Agree to facts and documents to be entered during the hearing;

(g) Set a deadline for each party to file and serve a document containing the names and phone numbers of witnesses and copies of all documents and other exhibits that will be presented at the hearing;

(h) Schedule additional prehearing conferences;

(i) Resolve the dispute;

(j) Consider granting a stay if authorized by law or DCYF rule;

(k) Consider a motion for summary judgment or other motion;

(l) Determine any other procedural issues that may be raised by the parties; or

(m) Schedule child witness hearings.

(3)(a) If the parties resolve the dispute informally before the prehearing conference, DCYF must provide a written description of the agreed resolution to the persons involved, and the ALJ may consider the agreement before or at the prehearing conference.

(b) If all the issues are resolved, the parties may settle the matter by:

(i) Withdrawal by the appellant of the request for hearing to appeal DCYF action;

(ii) Withdrawal by the agency of the action that is the subject of the proceeding; or

(iii) Written stipulation (agreement) signed by each party and each party's representative, or the stipulation must be recited on the record at the hearing. If the ALJ accepts the stipulation, the ALJ will enter an order consistent with its terms. The entry of the order based on the stipulation will result in dismissal of the appeal consistent with the terms of the stipulated agreement.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0180, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0190 Prehearing conference order.

(1) After the prehearing conference ends, the ALJ will serve a prehearing conference order describing:

(a) The decisions made or actions taken during the conference;

(b) Any changes to DCYF's or any other party's initial documents; and

(2) A party may object to the prehearing conference order by notifying the ALJ in writing within ten calendar days after the order is served. The ALJ must issue a ruling on the objection.

(3) If no objection is made to the prehearing conference order, the order will determine how the hearing will be conducted, including whether it will be in person or held by telephone conference or other means, unless the ALJ changes the order for good cause by subsequent order.

(4) Prehearing conference orders are not appealable.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0190, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0200 Assignment and challenge of assignment of administrative law judge or review judge.

(1) OAH assigns an ALJ at least five business days before the hearing. A party or a party's representative may learn which ALJ is assigned to the hearing by calling or writing to the OAH field office listed on the notice of hearing.

(2) A party may request a different ALJ under RCW 34.12.050 and 34.05.425.

(a) Under RCW 34.12.050, a party requesting a different ALJ must file a written motion of prejudice at least three business days before the hearing or at least three business days before any earlier stage of the proceeding at which the ALJ may issue a discretionary ruling;

(i) The motion of prejudice must include an affidavit stating the reasons that the party believes the assigned ALJ cannot fairly decide the case or other discretionary issue;

(ii) The party must file the request with the chief ALJ at the OAH headquarters and serve a copy of the request at the same time on all other parties and their representatives.

(iii) The first request for a different ALJ under RCW 34.12.050 will be automatically granted. Any subsequent request may be granted or denied in the discretion of the chief ALJ or the chief ALJ's designee.

(b) Under RCW 34.05.425, a party may also request that an ALJ or review judge be disqualified for bias, prejudice, conflict of interest, or any other good cause. A petition for disqualification is a written explanation requesting assignment of a different ALJ or review judge. The party or the party's representative must file a petition by taking the following steps:

(i) File a written petition and an affidavit supporting the party's reasons for believing the assigned ALJ or review judge cannot hear the case fairly;

(ii) A party must promptly file the petition after receipt of notice indicating that the individual will preside or, if later, promptly upon discovery of facts establishing grounds for disqualification;

(iii) File the petition and supporting affidavit with OAH or BOA and serve a copy on all other parties and their representatives at the same time;

(iv) The ALJ or review judge whose disqualification is requested will decide whether to grant or deny the petition and must state the facts and reasons for the decision.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0200, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0210 Rules an ALJ or review judge must apply when making a decision.

(1) The ALJ or review judge must first apply the DCYF rules adopted in the Washington Administrative Code.

(2) If no DCYF rule applies, the ALJ or review judge must decide the issues according to the best legal authority and reasoning available, including federal and Washington state constitutions, statutes, rules, and appellate court decisions.

(3) When applying DCYF program rules regarding the substantive rights and responsibilities of the parties, the ALJ or review judge must apply the DCYF program rules in effect on the date the DCYF issued a written notice of a DCYF action, unless otherwise required by other rule or law. If DCYF amends its notice of action, the ALJ or review judge must apply the rules in effect on the date the amendment was made, unless otherwise required by other rule or law.

(4) When applying procedural rules, the ALJ or review judge must apply the rules that are in effect on the date the procedure is followed.

(5) The ALJ or review judge must apply the rules in this chapter beginning on the date each rule is effective.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0210, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0220 Challenges to validity of DCYF rules.

(1) Neither an ALJ nor a review judge may decide that a DCYF rule is invalid or unenforceable. Only a superior or appellate court may decide this issue.

(2) If the validity of a DCYF rule is raised during the hearing, the ALJ or review judge may allow evidence and argument for later court review.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0220, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0230 Amendment to notice of DCYF action or a party's request for hearing.

(1) The ALJ must allow DCYF to amend (change) the notice of DCYF action before or during the hearing to match the evidence and facts.

(2) If DCYF amends its notice, it must do so in writing and serve a copy on OAH and the other parties and their representatives at the same time.

(3) The ALJ must allow an appealing party or the party's representative to amend a hearing request before or during the hearing to conform with an amended notice of DCYF action.

(4) If either DCYF or a party makes an amendment, the ALJ must offer to continue or postpone the hearing to give the parties more time to prepare or present evidence or argument if there is a significant change from DCYF's earlier notice of action or from the party's request for hearing.

(5) If the ALJ grants a continuance, OAH must serve a new hearing notice on all parties and their representatives at least seven business days before the new hearing date.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0230, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0240 Changes of address.

(1) The parties and their representatives must contact DCYF and OAH as soon as possible to update any changed name, mailing address, or telephone contact information.

(2) Unless informed of a different mailing address by a party or representative before documents are mailed by OAH or DCYF to the address on record, proper notice will be presumed to have been given.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0240, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0250 Continuances.

(1) Any party or party's representative may request a continuance either orally or in writing and must notify all other parties of the request at the same time the request is made.

(2) Before contacting the ALJ to request a continuance, a party and the party's representative are encouraged to contact the other parties to determine if they will agree to a continuance.

(3) The party or representative requesting a continuance must inform the ALJ whether the other parties and their representatives agree to the continuance.

(a) If the parties agree to a continuance, the ALJ may grant the request.

(b) If the parties do not agree to a continuance, the ALJ will set a hearing to decide whether there is good cause to grant the request for continuance.

(4) If a continuance is granted, OAH will serve written notice of the new hearing date and time.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0250, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0260 Failure to timely request a hearing, orders of dismissal, and orders of default.

(1) A party's failure to request a hearing to challenge a DCYF action within the time limit required by statute or rule results in the action becoming final and the loss of any right to a hearing. A final order resulting from a party's failure to timely request a hearing may not be vacated. Except for public assistance cases, there is no good cause exception to the requirement to timely request a hearing. For public assistance cases, if an applicant or recipient does not file a request for a hearing within 90 calendar days after receiving notice of an aggrieving decision, the request may still be filed within one year of the aggrieving decision upon a showing of good cause.

(2) An order of dismissal served on the parties and their representatives by an ALJ to end an adjudicative proceeding may be based on withdrawal of the hearing request by the appealing party, the appealing party's failure to appear or refusal to meaningfully participate in the proceedings, a request for dismissal based on a written agreement between the parties, or a request for dismissal made by DCYF.

(a) If a hearing is dismissed because the appealing party withdrew the request, did not appear, or refused to meaningfully participate, the DCYF action becomes the final agency action.

(b) If the hearing is dismissed pursuant to a written agreement between the parties, the parties must comply with the agreement.

(3)(a) If an appealing party fails to attend or refuses to meaningfully participate in a scheduled prehearing conference or hearing, an order of default may be entered.

(b) The order of default will include notice that the party against whom the default order was entered may file a written motion requesting that the order be vacated and the hearing reinstated.

(c) An order of default becomes a final order dismissing the appealing party's request for a hearing if the appealing party does not file a motion to vacate the default order within 21 calendar days of the date the order was served on the parties as provided under WAC 110-03-0270.

(d) After an order of default becomes a final order, the DCYF action will remain in effect and will be the final agency action.

History

Statutory Authority: RCW 74.08.080 and 74.09.741. WSR 23-12-037, § 110-03-0260, filed 5/30/23, effective 7/1/23. Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0260, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0270 Vacating an order of default or order of dismissal.

(1) A party may ask the ALJ to vacate (set aside) an order of default or dismissal that is not due to a party's failure to timely request a hearing to appeal a DCYF action, as provided in WAC 110-03-0260(1).

(2) An agreed order of dismissal may be vacated only upon proof that a party has violated a condition of the agreed order of dismissal.

(3) A request to vacate an order of default or dismissal based on a party's failure to attend or refusal to meaningfully participate in a prehearing conference or hearing must be filed with OAH within twenty-one calendar days after the date the order of default or dismissal was served. The order becomes a final order if no request is received by that date.

(a) A request to vacate an order of default or dismissal must specify why the party believes there is good cause for the order to be vacated.

(b) OAH will schedule a hearing on the request to vacate the order.

(c) At the hearing, the ALJ will receive brief statements and argument from the parties on whether there is good cause for an order of default or dismissal to be vacated.

(d) The ALJ will vacate an order of dismissal or order of default and will reinstate the hearing if the party requesting reinstatement shows good cause for the order to be vacated.

(e) The ALJ will deny a motion to vacate if the ALJ determines that good cause was not shown.

(f) Any motion to vacate an order of dismissal or default that is filed more than twenty-one days after the order of dismissal or default was served on the parties and their representatives will be denied.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0270, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0280 Stay of DCYF action.

Unless specific program rules or law provide otherwise, the appealing party may request that an ALJ or review judge stay (stop) a DCYF action until there is a decision entered by the ALJ or review judge. Stay of summary suspension of child care license actions are governed by WAC 110-03-0290.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0280, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0290 Stay of summary suspension of child care license.

(1) The department may immediately and summarily suspend a child care license when:

(a) It finds that conditions in the licensed facility constitute an imminent danger to a child or children in care; or

(b) The public health, safety, or welfare requires emergency action.

(2) Pursuant to WAC 110-03-0040, 110-03-0050, and 110-03-0280 a licensee may request a hearing to challenge the decision to summarily suspend a license. A licensee who contests a summary suspension of a license may obtain a stay of the effective date of the suspension only as set forth in this section.

(3) It is the licensee's burden to establish that the stay is in the public interest and is made for good cause.

(4) The licensee's request for a stay of the summary suspension must be made by filing a motion for stay of summary suspension. The motion for stay of summary suspension may be filed at any time until there is a decision entered by the ALJ on the merits of the suspension. The motion for stay, and documents and pleadings described in subsection (5) of this section, must be filed with the office of administrative hearings and served on the attorney general's office by noon on the seventh day before the stay hearing. Reply affidavits or declarations must be served on the licensee and licensee's attorney or representative, by noon on the day prior to the hearing.

(5) The motion for stay must be accompanied by a statement of grounds justifying the stay and a description of evidence setting forth the factual basis upon which the request is based. The decision to grant or deny the request for a stay must be based on:

(a) Legal authority; and

(b) Affidavits or declarations signed under penalty of perjury.

(6) The ALJ will not allow the presentation of oral testimony at a stay hearing except under the following circumstances:

(a) The party seeking the opportunity to offer oral testimony must file a motion for permission to offer oral testimony. The decision to grant or deny the motion to offer oral testimony must be based on affidavits filed in support of or opposition to that motion.

(b) Oral testimony will only be permitted if substantial evidence has been presented establishing that the failure to allow oral testimony will deny the moving party the opportunity for a fair stay hearing.

(7) Upon receipt of a motion for a stay, the ALJ must schedule a hearing on the motion, to occur no sooner than seven business days from the date the request is received by OAH.

(8) The ALJ must not grant the motion for stay unless the ALJ makes specific findings that the stay is in the public interest and is made for good cause. In finding good cause, the ALJ must determine:

(a) The licensee is likely to prevail in the hearing on the merits of the licensing action;

(b) The licensee will suffer irreparable injury, more than economic hardship alone, if the stay is not granted; and

(c) The threat to the public health, safety, or welfare inherent in the licensee's operation of a child care facility is not sufficiently serious to justify the suspension of the license.

(9) Unless otherwise stipulated by the parties, the ALJ, after granting or denying a motion for stay, will expedite the hearing and decision on the merits.

(10) The decision on the motion for stay is subject to review by the BOA at the request of either DCYF or the licensee. The request for review must be filed no later than seven business days after the decision is served on the parties by OAH.

(11) The review judge must promptly determine a request for review. The review judge's decision on the request for review of the ALJ's decision on a motion for stay is not subject to judicial review.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0290, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0300 Conduct of hearings.

(1) Hearings may be held in person or by telephone conference or other electronic means.

(2) Parties and their witnesses may appear in person or by telephone conference as determined by the ALJ. An ALJ may require parties or their witnesses to appear in person if the ALJ determines there is a compelling reason and the compelling reason is stated in a hearing notice or prehearing order.

(3) The parties have the right to see all documents, hear all testimony, and question all witnesses.

(4) When a hearing is held by telephone or other electronic means, all documentary evidence must be filed and served on the parties and their representatives in advance of the hearing.

(5) All hearings must be recorded.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0300, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0310 Authority of the administrative law judge.

(1) The ALJ must hear and decide the issues de novo (anew) based on what is presented during the hearing. The ALJ's authority is limited to determining whether the action taken by the department was justified based on the evidence presented during the hearing. The ALJ does not have authority to substitute or impose an alternative sanction, remedy, or action.

(2) As needed, the ALJ may:

(a) Administer oaths and affirmations;

(b) Determine the order for presenting evidence;

(d) Rule on objections, motions, and other procedural matters;

(e) Rule on motions for summary judgment;

(f) Rule on offers of proof and admit relevant evidence;

(g) Close parts of a hearing to public observation or order the exclusion of witnesses upon a showing of good cause, pursuant to RCW 34.05.449(5);

(h) Question witnesses called by the parties in an impartial manner to develop any facts deemed necessary to fairly and adequately decide the matter;

(i) Request additional exhibits or testimony following a finding that the additional evidence is necessary to complete the record, provided all parties are given a full opportunity for cross-examination, rebuttal, or both;

(j) Take official notice of facts pursuant to RCW 34.05.452(5);

(k) Regulate the course of the hearing and take any appropriate action necessary to maintain order during the hearing;

(l) Permit or require oral argument or briefs and determine the time limits for submission thereof;

(m) Issue an order of default pursuant to RCW 34.05.440;

(n) Hold prehearing conferences;

(o) Allow a party to waive rights given by chapter 34.05 RCW or these rules unless another law prevents it;

(p) Decide whether a party has a right to a hearing;

(q) Permit and regulate the taking of discovery;

(r) Consider granting a stay if authorized by law or DCYF rule; and

(s) Take any other action necessary and authorized by any applicable statute or rule.

(3) The ALJ may, upon the ALJ's motion or the motion of any party, order that multiple administrative proceedings be consolidated for the hearing if they involve common issues or parties.

(4) The ALJ may waive any of the department's procedural rules, other than a rule relating to jurisdiction, for any party not represented by legal counsel or a lay representative upon specific findings that the waiver:

(a) Is necessary to avoid manifest injustice to the unrepresented party; and

(b) Would not prejudice any other party.

(5) The ALJ must make findings of fact based on the preponderance of the evidence standard, unless otherwise required by law or rule.

(6) The ALJ's authority is limited to those powers granted by statute or rule. The ALJ has no inherent or common law powers.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0310, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0320 Procedures at the hearing.

(1) At the hearing, the ALJ:

(a) Explains the rights of the parties;

(b) Marks and admits or rejects exhibits;

(d) Ensures that a record is made;

(e) Explains that a decision is mailed after the hearing; and

(f) Notifies the parties of appeal rights.

(2) The parties may:

(a) Make opening statements to explain the issues;

(b) Offer evidence to prove their positions, including oral or written statements of witnesses;

(d) Give closing arguments about what the evidence shows and what laws apply.

(3) The record is closed at the end of the hearing if the ALJ does not allow more time to offer evidence.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0320, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0330 Evidence.

(1) Evidence includes documents, objects, and testimony offered during the hearing to help prove a party's position.

(2) Evidence may include all or parts of original documents or copies of the originals.

(3) If a witness cannot appear at the hearing, a statement signed by the witness under oath or affirmation may be offered as evidence; however, an ALJ may give more weight to testimony that provides opportunity for cross-examination by the other parties.

(4) An ALJ's decision will be based only on admitted evidence.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0330, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0340 Introduction of evidence into the record.

(1) The ALJ may set a deadline before the hearing for the parties to provide proposed exhibits and names of witnesses to the ALJ and to all other parties. If the parties miss the deadline, the ALJ may refuse to admit the evidence unless the parties show:

(a) They have good cause for missing the deadline; or

(b) The other parties agree to waive the deadline.

(2) The ALJ may admit and consider hearsay evidence. Hearsay is a statement made outside of the hearing used to prove the truth of what is in the statement. Hearsay evidence is admissible if in the judgment of the ALJ it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.

(3) The ALJ may reject evidence, if it:

(a) Is not relevant;

(b) Repeats evidence already admitted;

(d) Is otherwise legally improper.

(4) Evidence regarding character or reputation is admissible if the notice of DCYF action alleges the party against whom the action is taken lacks the character to provide for the needs of any child in care or to have unsupervised access to any child in care. In all other proceedings, evidence regarding character or reputation is admissible as provided by law. In cases where such evidence is admissible, the ALJ must exercise reasonable control over the number of character witnesses to avoid duplication of testimony and evidence and needless consumption of time.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0340, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0350 Objections to evidence.

(1) Although a party may offer any documents and testimony at the hearing to support the party's position, other parties may object to the evidence and may question the witnesses. For example, a party may object to the authenticity or admissibility of any exhibit or offer argument about how much weight the ALJ should give the exhibit.

(2) The ALJ determines whether to admit the evidence and what weight (importance) to give it.

(3) If the ALJ does not admit the evidence, the party may make an offer of proof to show why the ALJ should admit it. The offer of proof preserves the issue for appeal. To make an offer of proof, a party presents evidence and argument on the record to show why the ALJ should consider the evidence.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0350, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0360 Stipulations.

(1) A stipulation is an agreement among two or more parties that certain facts or evidence are correct or authentic.

(2) If an ALJ accepts a stipulation, the ALJ must enter the stipulation into the record.

(3) A stipulation may be made before or during the hearing.

(4) Any party bound by a stipulation may be permitted to withdraw it, in whole or in part, at any time prior to closure of the hearing, by showing that the stipulation was made inadvertently or under a bona fide mistake of fact and that its withdrawal will not unjustly prejudice the rights of other parties to the proceeding.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0360, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0370 Exhibits.

(1) Exhibits are documents or other objects that a party wants the ALJ to consider as evidence. If the ALJ admits an exhibit into evidence, it will be considered by the ALJ in reaching a decision in the case.

(2) The ALJ may require the parties to mark and number their proposed exhibits before the hearing and to provide copies to the other parties as far ahead of the hearing as possible.

(3) The ALJ admits exhibits into the record by marking, listing, identifying, and admitting the proposed exhibits.

(4) The ALJ may also exclude proposed exhibits from the record.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0370, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0380 Official notice.

(1) Official notice is evidence that includes facts or standards that are generally recognized and accepted by judges, government agencies, or national associations, such as a calendar, building code, or standard of practice.

(2) An ALJ may consider and admit evidence by taking official notice.

(3) If a party requests official notice, or if the ALJ intends to take official notice, the ALJ may ask the party to provide a copy of the document that contains the information.

(4) The ALJ must give the parties time to object to official notice evidence.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0380, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0390 Witnesses.

(1) A witness is any person who makes statements or gives testimony that becomes evidence in a hearing.

(2) Witnesses may include:

(a) A party: The appealing party or a DCYF representative; and

(b) Anyone a party or the ALJ asks to be a witness. This can include a person who has knowledge of relevant facts or an expert witness who is qualified by knowledge, experience, and education to give opinions or evidence in a specialized area.

(3) Unless DCYF gives permission, no current or former DCYF employee may be an expert witness against DCYF if that employee was actively involved in the case while working for DCYF, or if that employee was actively involved in the case while working for the department of early learning (DEL) or the department of social and health services (DSHS) on or before June 30, 2018.

(4) The ALJ decides who may testify as a witness.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0390, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0400 Requiring witnesses to testify or provide documents.

(1) A party may require witnesses to testify or provide documents by issuing a subpoena. A subpoena is an order to appear at a certain time and place to give testimony or to provide books, documents, or other items.

(2) ALJs, DCYF, and attorneys for the parties may prepare subpoenas.

(3) If a party is not represented by an attorney, the party may ask the ALJ to prepare a subpoena on that party's behalf:

(a) The ALJ may schedule a hearing to decide whether to issue a subpoena;

(b) There is no cost to the requesting party to have an ALJ prepare a subpoena, but the requesting party must pay for:

(i) Serving the subpoena;

(ii) Enforcing compliance with a subpoena; and

(iii) Witness fees required according to RCW 34.05.446(7).

(4) A party may request that an ALJ quash (set aside) or change the subpoena at any time before the deadline given in the subpoena.

(5) An ALJ may set aside or change a subpoena if it is unreasonable.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0400, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0410 Serving a subpoena.

(1) Any person who is at least eighteen years old and not a party to the hearing may serve a subpoena.

(2) Service of a subpoena is complete when the server:

(a) Gives the witness a copy of the subpoena; or

(b) Leaves a copy at the residence of the witness with a person at least eighteen years old.

(3) To prove that a subpoena was served on a witness, the person serving the subpoena must sign, under penalty of perjury, a written, dated statement that includes the following:

(a) The first and last name and age of the person served with the subpoena;

(b) The date and time the subpoena was served;

(d) The name, age, and address of the person who served the subpoena.

(4) A DCYF employee may serve a subpoena consistent with this section, as long as the employee is not the agency representative or a prospective witness in the case.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0410, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0420 Testimony.

(1) All testimony of witnesses, including parties, must be made under oath or affirmation.

(2) Direct examination. All witnesses may be asked questions by the party who calls the witness to testify. Each witness:

(a) May testify in person, or by telephone if approved by the ALJ;

(b) May request an interpreter from OAH at no cost to the parties;

(3) Cross-examination. The parties have the right to cross-examine (question) each witness called by any other party.

(4) If a party has a representative, only the representative, not the party, may question the witness.

(5) The ALJ may also question witnesses.

(6) Witnesses may refuse to answer questions. However, if a witness refuses to answer a question, the ALJ may reject all of the related testimony of that witness or make a negative inference from the refusal to answer the question.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0420, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0430 Burden of proof and standard of proof.

(1) The party who has the burden of proof is the party who has the responsibility to provide evidence to persuade the ALJ that a position is correct under the standard of proof required.

(2) Standard of proof refers to the amount of evidence needed to prove a party's position. Unless a rule or the law states otherwise, the standard of proof in a hearing is a preponderance of the evidence. This standard means that it is more likely than not that something happened or exists.

(3) The ALJ decides if a party has met the burden and standard of proof.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0430, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0440 Equitable estoppel.

(1) Equitable estoppel is a legal doctrine defined in case law that may only be used as a defense to prevent DCYF from collecting an overpayment.

(2) Equitable estoppel contains five elements, all of which must be proved by clear and convincing evidence:

(a) DCYF made a statement or took action or failed to take an action, which is inconsistent with its later claim or position regarding an overpayment;

(b) The appealing party reasonably relied on DCYF's original statement, action or failure to act;

(c) The appealing party will be injured if DCYF is allowed to contradict the original statement, action or failure to act;

(d) Equitable estoppel is needed to prevent a manifest injustice; and

(e) The exercise of government functions is not impaired.

(3) If the ALJ concludes that all of the elements of equitable estoppel described in subsection (2) of this section have been proved by clear and convincing evidence, DCYF is estopped or prevented from enforcing its claim for repayment of the overpayment.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0440, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0450 Closing the hearing record.

(1) The hearing record is closed:

(a) At the end of the hearing if the ALJ does not allow more time to offer evidence or argument; or

(b) After the deadline set by the ALJ for offering evidence or argument has passed.

(2) Once the hearing record is closed, no more evidence may be taken without a determination by the ALJ of good cause.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0450, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0460 Timing of the ALJ's decision.

(1) Except as provided in subsection (2) of this section, after the record is closed, the ALJ must write an initial order and serve the initial order in writing within ninety calendar days, unless this period is waived or extended for good cause shown.

(2) The ALJ must issue an oral decision immediately following a parole revocation hearing and issue a final order within forty-eight hours of the hearing.

(3) The initial or final order may be served on a party by electronic distribution, with a party's agreement.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0460, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0470 Contents of the hearing record.

(1) The administrative law judge must produce a complete official record of the proceedings.

(2) The official record must include, if applicable:

(a) Notice of all proceedings;

(b) Any prehearing orders;

(d) Evidence received or considered;

(e) A statement of matters officially noticed;

(f) Offers of proof, objections, and any resulting rulings;

(g) Proposed findings, requested orders, and exceptions;

(h) A complete audio recording of the entire hearing, together with any transcript of the hearing;

(i) All final orders, initial orders, and orders on reconsideration;

(j) Matters placed on the record after an ex parte communication; and

(k) Staff memoranda or data submitted to the presiding officer, not inconsistent with RCW 34.05.455.

(3) OAH must send the official record of the proceedings to DCYF or its designee. The record must be complete when it is sent.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0470, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0480 Contents of the initial order.

The ALJ's initial order must:

(1) Be correctly captioned, identifying DCYF, the name of the proceeding, and the docket number;

(2) List the names of all parties and representatives who participated in the proceeding;

(3) Contain numbered findings of fact based on the evidence in the record or officially noticed in the proceeding that the ALJ relied on in coming to a decision;

(4) Identify and explain findings based substantially on credibility of evidence or on demeanor of witnesses;

(5) Contain numbered conclusions of law and the reasons and basis for them, including citations of statutes and rules relied upon;

(6) Contain an order disposing of all contested issues, stating the result and remedy ordered;

(7) Contain a statement describing available procedures and time limits for requesting changes to the initial order or review by the BOA;

(8) State when the decision becomes final; and

(9) Include any other information required by law or DCYF program rules.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0480, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0490 Finality of the initial order.

(1) Except as provided in subsection (3) of this section, the ALJ issues an initial order that becomes a final order:

(a) Twenty-one days after the date the initial order is mailed to the parties, when none of the parties has timely requested a review; or

(b) When a request for review is dismissed.

(2) The review judge issues the final order when a party timely requests a review of an initial order.

(3) The ALJ will issue a final order in administrative proceedings concerning juvenile parole revocation and subsidy overpayments to child care providers.

History

Statutory Authority: RCW 13.40.220. WSR 22-22-004, § 110-03-0490, filed 10/20/22, effective 11/20/22. Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0490, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0500 Correcting clerical errors in ALJ's orders.

(1) A clerical error is a mistake that does not change the result or intent of the order. Some examples of clerical errors are missing or incorrect words, numbers, or dates.

(2) If a party disagrees with an ALJ's initial or final order because of a clerical error, the party may ask for a corrected order from the ALJ by making the request in writing and filing it with the OAH office that held the hearing. A copy of the request must be served on the other parties and their representatives at the same time.

(3) A request to correct a clerical error must be made within ten calendar days of the date the order was served on the parties by OAH.

(4) When asking for a corrected order, a party must clearly identify the clerical error.

(5) When a party requests a corrected order, the ALJ must either:

(a) Serve a corrected order on all parties within three business days of receipt of the party's request for correction; or

(b) Deny the request within three business days of receiving it.

(6) If a party does not file a petition to request review of an initial order, regardless of whether a clerical error is corrected or the request for correction is denied, the initial order becomes final twenty-one calendar days after the original initial order was served.

(7) Requesting correction of an initial order does not change the time requirements for filing a written petition for review of the initial order under WAC 110-03-0520.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0500, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0510 Review of the initial order.

(1) Any party who disagrees with or wants a change in an initial order, other than correcting a clerical error, may seek review of the initial order with the BOA as provided in WAC 110-03-0520 through 110-03-0560.

(2) If more than one party requests review, each request must meet the deadlines described in WAC 110-03-0520.

(3) The review judge will consider a written request for review, any response or reply, the initial order, and the record before deciding if the initial order should be affirmed, reversed, or remanded for further proceedings. In reviewing the findings of fact in the record, the review judge will give due regard to the ALJ's opportunity to observe witnesses. Oral argument may be allowed, if the review judge determines that it is necessary.

(4) Review judges may not review final orders entered by an ALJ.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0510, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0520 Time for requesting review of the initial order.

(1) A written petition for review must be filed so the BOA receives it on or before the twenty-first calendar day after the initial order was served on the requesting party. A party may submit the review request by facsimile transmission (fax), but only if the party also mails a copy of the request on the same day.

(2) A review judge may extend the deadline for requesting review of an initial order if a party:

(a) Asks for more time orally or in writing before the deadline expires; and

(b) Shows good cause for requesting more time.

(3) The BOA may accept a review request after the twenty-one calendar day deadline only if:

(a) The BOA receives the review request on or before the thirtieth calendar day after the twenty-one-day deadline;

(b) The party shows good cause for failing to file the request for review or failing to make a request for more time to file the request for review before the expiration of the twenty-one-day deadline; and

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0520, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0530 Requesting review of the initial order.

(1) A party may request review of their initial order by filing a written request, known as a petition for review. A petitioner must follow the instructions included with their initial order when petitioning for review.

(2) A petition for review should state the:

(a) Specific parts of the initial order with which the party disagrees;

(b) Reasons why they disagree; and

(3) A party filing a petition for review must serve a copy of their petition for review on OAH and the other parties and their representatives at the same time their petition for review is filed with the BOA.

(4) A petition for review must be filed with the BOA using one of the following methods:

(a) Mail to:

DCYF Board of Appeals

P.O. Box 40982

Olympia, WA 98504-0982;

(b) Fax: 360-586-5934;

(d) Personal service: The physical address where the BOA may be served is identified on the BOA website and in the initial order's instructions for petitioning for review. Parties filing by personal service are encouraged to first call the BOA at 360-902-0278 to arrange for someone to accept service.

(5) The contact information in this section is current as of the effective date of these rules. Any necessary updates are made to the initial orders' instructions for petitioning for review when changes occur.

(6) The DCYF board of appeals can be contacted by telephone at: 360-902-0278.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 22-17-066, § 110-03-0530, filed 8/15/22, effective 9/15/22
WSR 21-11-078, § 110-03-0530, filed 5/18/21, effective 6/18/21
WSR 20-02-031, § 110-03-0530, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0540 Response and reply to petition for review of the initial order.

(1) Any party may respond to a petition for review.

(2) If a party responds, the response must be filed on or before the seventh business day after the date a copy of the petition for review was served on the parties.

(3) The responding party must serve a copy of the response on all other parties and their representatives at the same time the response is filed.

(4) If a response is filed, a nonresponding party may reply to the response.

(5) If a party replies, the reply must be filed on or before the seventh business day after the date a copy of the response was served on the parties.

(6) The replying party must serve a copy of the reply on all other parties and their representatives at the same time the reply is filed.

(7) If a party needs more time to respond or reply, the party must contact the BOA by the deadline in subsection (2) or (5) of this section and show good cause for an extension of time.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0540, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0550 Board of appeals decision process.

(1) After the deadlines required in WAC 110-03-0540, the record on review is closed unless, upon the motion of a party, a review judge finds good cause to keep it open or to reopen the record.

(2) A review judge is assigned by the BOA to review the initial order after the record is closed. The review judge only considers evidence considered by the ALJ, unless the review judge has reopened the record pursuant to subsection (1) of this section.

(3) The review judge will decide the appeal without oral argument, unless the review judge determines that oral argument is necessary for resolution of the appeal.

(4) The review judge enters a final order that affirms, changes, dismisses, or reverses the initial order, or remands (returns) the case to the administrative law judge for further specified action.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0550, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0560 Authority of the review judge.

(1) The review judge reviews initial orders and enters final orders. The review judge has the same decision-making authority as the ALJ. The review judge considers the entire record and decides the case de novo (anew). In reviewing the findings of fact, the review judge must give due regard to the ALJ's opportunity to observe witnesses.

(2) A review judge may remand (return) cases to OAH for further action and may authorize temporary relief if appropriate.

(3) A review judge's authority is limited to those powers granted by statute or rule. The review judge has no inherent or common law powers.

(4) The review judge's order is the DCYF final order in the case, and the review judge serves the final order on each party and the agency. If the review judge's final order upholds the department's action, the appealing party must comply with the final order unless the appealing party obtains a stay of the effectiveness of the final order from the superior court after filing a petition for judicial review in accordance with WAC 110-03-0590.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0560, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0570 Reconsideration of the final order.

(1) Reconsideration is asking a judge to reexamine a final order because the party believes a mistake concerning a matter of law or fact was made.

(2) To request reconsideration of a final order, a party must file a petition for reconsideration with the office of OAH or the BOA that issued the final order. The petition for reconsideration must be filed within ten calendar days of the date the final order was served. The party requesting reconsideration must serve copies on all other parties and their representatives at the same time the petition is filed.

(3) Filing a petition for reconsideration does not stay the effectiveness of a final order.

(4) The petition for reconsideration must identify the parts of the final order with which the party disagrees and must identify the evidence in the hearing record that supports the party's position.

(5) Any nonrequesting party may, but is not required to respond to a request for reconsideration.

(6) If a nonrequesting party responds, the response must be filed so the ALJ or review judge receives it on or before the seventh business day after the date a copy of the petition for reconsideration was served on the parties.

(7) A responding party must serve a copy of the response on all other parties and their representatives at the same time the response is filed.

(8) If a response is filed, a nonresponding party may reply to the response.

(9) If a party replies, the reply must be filed so the office that issued the final order receives it on or before the seventh business day after the date a copy of the response was served on the parties.

(10) The replying party must serve a copy of the reply on all other parties and their representatives at the same time the reply is filed.

(11) If a party needs more time to respond or reply, the party must contact the office that issued the final order by the deadline in subsection (6) or (9) of this section and show good cause for an extension of time.

(12) If a party asks for reconsideration of the final order, the reconsideration process must be completed before requesting judicial review. However, a request for reconsideration of a final order is not required prior to requesting judicial review.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0570, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0580 Ruling on request for reconsideration.

(1) An ALJ or review judge must dispose of a reconsideration request within twenty calendar days from the date a petition for reconsideration is filed, unless the ALJ or review judge serves notice that additional time is required or an extension of time to file a response or reply is granted.

(2) The same ALJ or review judge who entered the decision will dispose of the petition for reconsideration, unless that judge is unavailable.

(3) The ALJ or review judge must prepare and serve on all parties a written order:

(a) Granting the petition and dissolving or modifying the final order;

(b) Granting the petition and setting the matter for further hearing; or

(4) If, within twenty calendar days of receipt of the reconsideration request, the ALJ or review judge does not dispose of the petition or serve the parties written notice setting a date by which the ALJ or review judge will act on the petition, the request is deemed denied.

(5) The ALJ or review judge decision on reconsideration is final on the date the written decision is served or the date the request is deemed denied as provided in subsection (4) of this section.

(6) An order denying reconsideration or a notice specifying the date by which there will be action on the petition is not subject to judicial review.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 20-02-031, § 110-03-0580, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0585 Index of significant decisions.

(1) The department's index of significant decisions, prepared under RCW 42.56.070, contains BOA orders that include an analysis or decision of substantial importance to the department in carrying out its duties.

(2) A final order may be relied upon, used or cited as precedent by a party if the final order has been indexed in the department's index of significant decisions.

(3) The department selects the orders to be included in its "index of significant decisions" based on recommendations from staff and the public. Generally, a decision or order is considered "significant" only if it provides a legal analysis or interpretation not found in existing case law, or applies settled law to unusual facts. The index of significant decisions will include orders meeting the criteria in this subsection and subsection (1) of this section, issued by the department.

(4) The index will, at a minimum, contain the case or document number; type of document; name of parties, if applicable, unless such names are exempt from public disclosure; brief description of subject and program; and pertinent legal citation.

(5) Any person may nominate a BOA order to be evaluated for indexing by submitting the request, reason why the person believes an order should be indexed, and a copy of the nominated order to the Board of Appeals, P.O. Box 40982, Olympia, WA 98504. The department will make a final decision as to whether to index the nominated order, and that decision is not appealable.

(6) The department will periodically update and review the index to verify that the indexed documents continue to meet the criteria in subsections (1) and (3) of this section. The department may, at any time, delete a document from an index. Under RCW 42.56.070, a public record may not be cited in a proceeding if it has not been indexed.

(7) The index is a public record and is available for public inspection at the department board of appeals website. The index of significant decisions is located at the Board of Appeals, 1500 Jefferson St. S.E., Olympia, WA 98501.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 25-10-105, s 110-03-0585, filed 5/7/25, effective 6/7/25
WSR 24-03-025, § 110-03-0585, filed 1/5/24, effective 2/5/24
WSR 20-02-031, § 110-03-0585, filed 12/19/19, effective 1/19/20.

Wash. Admin. Code § 110-03-0590 Judicial review.

(1) Judicial review is the process of appealing final agency orders to a superior court.

(2) Any party, except DCYF, may appeal a final order by filing a written petition for judicial review in superior court pursuant to RCW 34.05.514 that meets the requirements of RCW 34.05.546. The petition must be properly filed and served, as required by RCW 34.05.542, within 30 calendar days of the date the review judge serves the final order in the case. However, as provided by RCW 34.05.470, if a petition for reconsideration has been properly filed, the 30-day period does not commence until the agency disposes of the petition for reconsideration. A copy of the petition must be served on DCYF, the office of the attorney general, and all other parties at the same time the petition is filed.

(3) To serve DCYF, a copy of the petition must be delivered to the DCYF secretary or the BOA. The petition must be either hand delivered, mailed with proof of receipt, or sent by secure email.

(a) The physical location of the secretary is:

DCYF Office of the Secretary

1500 Jefferson Street Southeast

Olympia, WA 98501

The mailing address of the secretary is:

DCYF Office of the Secretary

P.O. Box 40975

Olympia, WA 98504-0975

(b) The mailing address for the DCYF BOA is stated in WAC 110-03-0530.

(4) Service on the office of the attorney general and other parties of a copy of the petition for judicial review may be made at the following locations:

(a) The office of the attorney general may be served personally or by delivery at:

Office of the Attorney General

7141 Cleanwater Drive S.W.

Tumwater, WA 98501

The mailing address of the office of the attorney general is:

Office of the Attorney General

P.O. Box 40124

Olympia, WA 98504-0124

(b) Each party must be served at each party's address of record.

(5) A party may file a petition for judicial review only after it has exhausted administrative remedies, as provided under RCW 34.05.534.

(6) Filing a petition for judicial review of a final order does not stay the effectiveness of the final order.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 22-17-066, § 110-03-0590, filed 8/15/22, effective 9/15/22
WSR 21-11-078, § 110-03-0590, filed 5/18/21, effective 6/18/21
WSR 20-02-031, § 110-03-0590, filed 12/19/19, effective 1/19/20.

Chapter 110-04 Background check requirements—Child welfare.

Wash. Admin. Code § 110-04-0010 What is the purpose of this chapter?

This chapter establishes rules for background checks conducted by the department of children, youth, and families (DCYF) for child welfare purposes and does not apply to background checks conducted for child care or early learning purposes as they are addressed in chapter 110-06 WAC. The department does background checks on individuals who are licensed, certified, contracted, employed in a group care facility, or authorized to care for or have unsupervised access to children. Background checks are conducted to find and evaluate any history of criminal convictions or civil adjudication proceedings, including those involving abuse, abandonment, financial exploitation, or neglect of a child or vulnerable adult.

History

Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0010, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0010, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0020 What definitions apply to this chapter?

The following definitions apply to this chapter:

"Authorized" or "authorization" means not disqualified by the department to work in a group care facility or have unsupervised access to children. This includes persons who are certified, contracted, allowed to receive payments from department funded programs, or volunteer.

"Certification" means department or child placing agency (CPA) approval of a person, foster home, or facility that is exempt from licensing but meets the licensing requirements.

"Certificate of parental improvement (CPI)" means a certificate issued under chapter 74.13 RCW.

"Certificate of restoration of opportunity (CROP)" means a certificate issued under chapter 9.97 RCW.

"Child," "children," or "youth" means a person who is one of the following:

(a) Under 18 years of age;

(b) Up to 21 years of age and enrolled in services through the department of social and health services (DSHS) developmental disabilities administration (DDA) the day prior to their 18th birthday and pursuing either a high school or equivalency course of study (GED/HSEC) or vocational program;

(d) Up to 21 years of age with intellectual and developmental disabilities; or

(e) Up to 25 years of age and under the custody of DCYF in juvenile rehabilitation.

"Civil adjudication proceeding" is a judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.

"Department" or "DCYF" means the department of children, youth, and families.

"I" and "you" refers to anyone who has unsupervised access to children in a home, facility, or program. This includes, but is not limited to, persons seeking employment, a volunteer opportunity, an internship, a contract, certification, or a license for a home or facility.

"Licensing division" or "LD" means the licensing division within DCYF. LD licenses and monitors foster homes, child placing agencies, and licensed group care facilities.

"Licensor" means either:

(a) An LD employee who recommends approvals for, or monitors licenses or certifications for facilities and agencies that provide or certify foster family homes or group care facilities under chapters 110-145, 110-147, and 110-148 WAC; or

(b) An employee of a child placing agency who certifies or monitors foster homes supervised by the child placing 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 child welfare 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.

"Pending criminal charge" means a criminal charge for a crime that has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal, or withdrawal.

"Secretary's list" means a list of crimes or negative actions that are federally disqualifying or may relate directly to child safety, permanence, or well-being and require DCYF to assess a subject individual's character, suitability, and competence to care for or have unsupervised access to children receiving child welfare services. The secretary's list is available at https://www.dcyf.wa.gov/sites/default/files/pdf/secretaryslist.pdf.

"Unsupervised" means will not or may not be in the presence of:

(a) The licensee, another employee, or volunteer from the same business or organization as the applicant who has not been disqualified by the background check; or

(b) Another individual who has been previously approved by DCYF.

"We" refers to the department, including licensors and caseworkers.

"WSP" refers to the Washington state patrol.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0020, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0020, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0020, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0030 Why are background checks done?

DCYF does background checks to help safeguard the health, safety, and well-being of children in out of home care. By doing background checks, the department reduces the risk of harm to children from individuals who have been convicted of certain crimes. The department's regulations require the evaluation of your background to determine your character, suitability, and competence before you are issued a license, contract, certificate, authorization to be employed at a group care facility, or authorization to have unsupervised access to children.

History

Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0030, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0100, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0040 Who must have background checks?

(1) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department requires background checks on all providers who may have unsupervised access to children. This includes licensed, certified, or contracted providers, their current or prospective employees and prospective adoptive parents as defined in RCW 26.33.020.

(2) Under RCW 74.15.030, prior to authorizing unsupervised access to children, the department also requires background checks on other individuals who may have unsupervised access to children in department licensed or contracted homes or facilities that provide care, except for a normal childhood activity that lasts less than 72 hours, as stated in RCW 74.13.710. The department requires background checks on all of the following people:

(a) A volunteer or intern with regular or unsupervised access to children.

(b) Any person who regularly has unsupervised access to a child.

(d) A person who is at least 16 years old and resides in a foster, relative, or other suitable person's home and is not a foster child.

(e) A person who is younger than 16 years old in situations where it may be warranted to promote the safety of children in out-of-home care.

(3) Any person employed at a group care facility, including those not directly working with children.

(4) Under RCW 13.34.138, prior to returning a dependent child home, the department requires a background check on all adults residing in the home, including the parents.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0040, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0040, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 43.43.832. WSR 18-12-101, § 388-06A-0110, filed 6/5/18, effective 7/6/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0110, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0050 Who is not affected by this chapter?

This chapter does not apply to schools, hospitals, or other facilities where the primary focus is not custodial.

History

WSR 18-14-078, recodified as § 110-04-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0120, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0060 Does the background check process apply to new and renewal licenses, certification, contracts, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children?

For DCYF, these regulations apply to all applications for new and renewal licenses, contracts, certifications, authorizations to be employees at a group care facility, and authorizations to have unsupervised access to children that are processed by DCYF after the effective date of this chapter.

History

Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0060, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0130, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0070 What happens if I do not comply with the background check requirement?

The department will deny, suspend, or revoke your license, contract, or certification, or disqualify you to care for children if you or someone on the premises of your home or facility having unsupervised access, or an employee at a group care facility does not comply with the department's requirement for a background check.

History

Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0070, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0140, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0080 What does the background check cover?

(1) The department must review criminal convictions and pending criminal charges based on identifying information provided by you. The background check may include, but is not limited to, the following information sources:

(a) Washington state patrol.

(b) Washington courts.

(d) Department of health.

(e) Civil adjudication proceedings.

(f) Applicant's self-disclosure.

(g) Out-of-state law enforcement and court records.

(2) Background checks conducted for DCYF also includes:

(a) A review of child protective services case files information or other applicable information system.

(b) Administrative hearing decisions related to any DSHS or DCYF license that has been revoked, suspended, or denied.

(3) In addition to the requirements in subsections (1) and (2) of this section, background checks conducted by DCYF for placement of a child in out-of-home care, including foster homes, group care facilities, adoptive homes, relative placements, and placement with other suitable persons under chapter 13.34 RCW, include the following for each person over 18 years of age residing in the home, all staff working in a group care facility, including those not directly working with children, and group care volunteers who provide direct care:

(a) Child abuse or neglect registries in each state in which a person has lived in the five years prior to conducting the background check.

(b) Washington state patrol (WSP) and Federal Bureau of Investigation (FBI) fingerprint-based background checks regardless of how long you have resided in Washington state.

(4) Except as required in subsection (3)(b) of this section, DCYF will conduct a fingerprint-based background check on any individual who has resided in the state less than three consecutive years before application.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0080, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0080, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0150, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0090 Who pays for the background check?

(1) DCYF pays the DSHS general administrative costs and WSP and FBI fingerprint processing fees for foster home applicants, DCYF relative and other suitable caregivers, DCYF adoptive home applicants, and other adults associated with the home requiring clearances under chapter 13.34 RCW.

(2) DCYF does not pay WSP and FBI fingerprint processing fees or expenses for:

(a) Non-DCYF employees, contractors, or volunteers associated with facilities other than foster homes; or

(b) Adoptive, foster, relative, or other suitable caregiver homes that are not proposed by DCYF.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0090, filed 4/25/22, effective 5/26/22. WSR 18-14-078, recodified as § 110-04-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0160, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0120 If I have a pending criminal charge, conviction, or negative action may I ever be authorized to be licensed, contracted, certified, authorized to be employed at a group care facility, or authorized to have unsupervised access to children?

(1) DCYF must disqualify a person with pending criminal charges or convictions on the DCYF secretary's list that are:

(a) Permanently disqualifying; or

(b) Five-year disqualifying if less than five years have passed since the date of conviction.

(2) DCYF may authorize a person with pending criminal charges, convictions, or negative actions on the DCYF secretary's list that are not listed in subsection (1) of this section. In this situation, DCYF must review your background information and assess your character, suitability, and competence to have unsupervised access to children. In this assessment, DCYF will consider the following factors, among others, related to your background information:

(a) The amount of time that has passed since the pending criminal charge, conviction information, or negative action;

(b) The seriousness of the crime or incident that led to the pending criminal charge, conviction, or negative action;

(d) Your age at the time of pending criminal charge, conviction, or negative action;

(e) Completion of services or other evidence of rehabilitation since the pending criminal charge, conviction, or negative action; and

(f) Your role or purpose of the background check.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0120, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0120, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0190, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0140 Will you license, contract, authorize my employment at a group care facility, or authorize me to have unsupervised access to children if my conviction has been expunged, vacated from my record, I have been pardoned for a crime, or I have obtained a CPI or CROP?

(1) If you receive a pardon or a court of law acts to expunge or vacate a conviction on your record, the crime will not be considered a conviction for the purposes of licensing, contracting, certification, authorization for employment at a group care facility, or authorization for unsupervised access to children.

(2) When you have obtained a CPI or CROP, DCYF must:

(a) Disqualify if your background information contains a pending criminal charge or conviction of a crime under WAC 110-04-0120(1); or

(b) Assess character, suitability, and competence under WAC 110-04-0120, if the CPI or CROP does not apply to a pending criminal charge, conviction of a crime, or negative action under WAC 110-04-0120(2).

(3) A CROP does not apply to founded findings of child abuse or neglect. No finding of child abuse or neglect may be destroyed based solely on a CROP.

(4) A CROP must be included as part of the criminal history record reports, qualifying letters, or other assessments pursuant to RCW 43.43.830 through 43.43.838.

(5) If you have obtained a CPI, DCYF may still consider the facts that led to the associated founded findings for child abuse or neglect to determine whether you have the character, suitability, and competence to have unsupervised access to children.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0140, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0140, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0210, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0150 How will I know the status of the background check?

(1) If you have been approved by the background check:

(a) The department will notify you and your prospective employer or supervisor if you have requested a contract, authorization to be employed at a group care facility, or approval for unsupervised access to children.

(b) The department will not directly notify you, and will instead continue the process for approving your application if you have requested a license or certification to care for children.

(2) If you have been disqualified by the background check:

(a) The department will notify you in writing and include any laws and rules that require disqualification;

(b) The department will also notify the care provider, the prospective employer, or the licensor; and

(c) You will not receive a license, contract, certification, or be authorized to be employed at a group care facility or have unsupervised access to children.

History

Statutory Authority: RCW 43.43.832, 74.13.031, 74.15.030 and P.L. 115-12. WSR 20-05-024, § 110-04-0150, filed 2/7/20, effective 3/9/20. WSR 18-14-078, recodified as § 110-04-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0220, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0160 What may I do if I disagree with the department's decision to deny me a license, certification, contract, or authorization to have unsupervised access based on the results of the background check?

(1) If you are seeking a license or employment with a home or facility licensed by DCYF, you may appeal the department's decision by requesting an administrative hearing to dispute a denial of authorization for unsupervised access to children. You cannot contest the pending criminal charge, conviction, or negative action in the administrative hearing.

(2) Prospective volunteers or interns, contractors or their employees, or those seeking certification do not have the right to appeal the department's decision to deny authorization for unsupervised access to children.

(3) The employer or prospective employer cannot appeal the department's decision on your behalf.

(4) The administrative hearings are conducted by administrative law judges employed by the office of administrative hearings, pursuant to chapters 34.05 RCW and 110-03 WAC.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0160, filed 4/25/22, effective 5/26/22. WSR 18-14-078, recodified as § 110-04-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0230, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0170 Is the background check information released to my employer or prospective employer?

(1) DCYF will share with employers or approved care providers only that:

(a) You are disqualified; or

(b) You have not been disqualified by the background check.

(2) The department will follow laws related to the release of criminal history records (chapters 10.97 and 43.43 RCW) and public disclosure (chapter 42.56 RCW) when releasing any information.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-04-0170, filed 4/25/22, effective 5/26/22. WSR 18-14-078, recodified as § 110-04-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0240, filed 1/15/15, effective 2/15/15.

Wash. Admin. Code § 110-04-0180 May I request a copy of my criminal background check results?

(1) The department will provide you a copy of your criminal background check results if you:

(a) Make the request in writing to the department; and

(b) Offer proof of identity, such as picture identification.

(2) A copy of your WSP criminal background check results may also be obtained from the Washington state patrol (chapter 10.97 RCW).

History

WSR 18-14-078, recodified as § 110-04-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.43.832. WSR 15-03-071, § 388-06A-0250, filed 1/15/15, effective 2/15/15.

Chapter 110-05 Background checks—Certificates of parental improvement.

Wash. Admin. Code § 110-05-0001 Scope and purpose.

(1) Chapter 26.44 RCW authorizes the department to investigate allegations of child abuse or neglect (CA/N) and to determine if allegations are founded or unfounded as defined in RCW 26.44.020. Prior to the creation of the department, these determinations were made by the department of social and health services, children's administration.

(2) RCW 74.13.720 directs the department to establish a process that allows the secretary to issue a certificate of parental improvement to an individual who is the subject of a founded finding of CA/N or a court determination that the individual's child was dependent as a result of a finding that the individual abused or neglected their child.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0001, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0005 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Abuse or neglect" has the same meaning as "abuse or neglect" in RCW 26.44.020.

"CA/N" means child abuse or neglect as defined in chapter 26.44 RCW.

"Certificate of parental improvement (CPI)" has the same meaning as "certificate of parental improvement" in RCW 74.13.020(2).

"Department" means the department of children, youth, and families.

"Dependency finding" means a court determination that an individual's child was found dependent as a result of a finding the individual abused or neglected their child, pursuant to RCW 13.34.030 (6)(b).

"Founded" has the same meaning as "founded" in RCW 26.44.020.

"Individual" means a person who has or is seeking a CPI.

"Negligent treatment or maltreatment" has the same meaning as "negligent treatment or maltreatment" in RCW 26.44.020.

"Physical abuse" has the same meaning as "physical abuse" in WAC 110-30-0030.

"Secretary" means the secretary of the department.

"Washington office of administrative hearings (OAH)" means the Washington state office of administrative hearings.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0005, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0010 Procedures for requesting a CPI and department consideration.

(1) Requesting a CPI. The request for a CPI must contain the following information:

(a) The individual's current name, mailing address, telephone number, and email address if available;

(b) The individual's name at the time the founded finding or dependency finding was issued;

(c) A description of the changed circumstances, from the date after the founded finding or dependency finding, that justify the issuance of a CPI to the individual; and

(d) The information described in subsection (5) of this section.

(2) Application forms and instructions are available on the department's website.

(3) The department may return an incomplete request or contact the individual for more information to complete the request.

(4) Department consideration. When determining whether to issue a CPI:

(a) The department considers:

(i) Documentation of any founded finding of CA/N and the underlying documentation the entity that issued the finding relied upon to make that finding;

(ii) Findings from any civil adjudication proceeding as defined in RCW 43.43.830;

(iii) Referral history alleging CA/N against the individual;

(iv) The length of time that has elapsed since the founded finding of CA/N;

(v) Whether a court made a finding that the individual's child or youth was dependent pursuant to chapter 13.34 RCW, the length of time elapsed since that dependency proceeding was dismissed, and the outcome of the dependency proceeding, including whether the child or youth was returned to the individual's home;

(vi) Any documentation submitted by the individual indicating whether the individual successfully addressed the circumstances that led to the founded finding of physical abuse or negligent treatment or maltreatment including, but not limited to:

(A) A declaration by the individual signed under penalty of perjury;

(B) Recent assessments or evaluations of the individual; and

(vii) Any pending criminal or civil actions against the individual;

(viii) Results of background checks as authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and the Federal Bureau of Investigation;

(ix) Personal and professional references submitted by the individual from employers, professionals, and agencies familiar with the individual who can address the individual's current character, suitability, or competence;

(x) Any education, volunteer work, employment history, or community involvement of the individual identified by the individual; and

(xi) Any additional information the department deems relevant; and

(b) The department must accept the underlying founded finding or dependency finding as valid and may not review the merits of that founded finding or dependency finding.

(5) The department must issue a CPI if, on a more probable than not basis, the individual has the character, suitability, and competence to care for children, youth, or vulnerable persons and meets the other requirements of RCW 74.13.720 at the time of the request.

(6) The decision to issue or not issue a CPI will be mailed to the individual within sixty calendar days from the date a request for a CPI as described in WAC 110-05-0010 was received.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0010, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0015 CPI—Exclusions.

The department may not issue a CPI if:

(1) Fewer than five years have elapsed since the date the investigative assessment was issued that resulted in the individual's last founded finding of CA/N;

(2) Fewer than two years have passed since the department denied the individual's request for a CPI;

(3) The individual has a founded finding for sexual abuse or sexual exploitation or has a founded finding for physical abuse and the conduct that was the basis for the physical abuse finding involved cutting, burning, interfering with a child's breathing, shaking a child under three, or threatening a child with a deadly weapon;

(4) The individual was convicted of or is the subject of a pending criminal investigation for:

(a) Any felony offense involving the physical neglect of a child under chapter 9A.42 RCW;

(b) Any felony offense under chapter 9A.32 or 9A.36 RCW involving a physical injury or death of a child;

(d) A felony offense against a child under chapter 9.68A RCW; or

(e) Any of the following felony offenses:

(i) Defined under any law as a class A felony or an attempt to commit a class A felony;

(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

(iii) Manslaughter in the first or second degree;

(iv) Indecent liberties;

(v) Kidnapping in the second degree;

(vi) Arson in the second degree;

(vii) Extortion in the first degree;

(viii) Robbery in the second degree;

(ix) Drive-by shooting; and

(x) Vehicular homicide; or

(f) Any out-of-state, federal, or state conviction for a felony offense that is comparable to an offense listed in subsection (4) of this section; or

(5) The individual applying for a CPI has previously received a CPI and is the alleged perpetrator in a subsequent founded finding of CA/N.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0015, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0020 Determination—Notice.

(1) The department will issue a written decision that states whether a CPI is granted or denied.

(2) The written decision to grant a CPI must be sent by first-class mail to the individual's last known address and to their email address, when available.

(3) If the department denies a CPI, the written decision must be sent certified mail, return-receipt requested, first-class mail, and email, when available, and include the following information:

(a) The reasons for the denial, including identifying any information relied upon that was not provided by the applicant;

(b) Copies of any information relied upon that was not provided by the applicant or directions on how to obtain copies of the information;

(c) Notice that the individual has a right to request a review of the denial and instructions for requesting a review; and

(d) A statement that the individual must wait two years from the date of the denial to request a CPI again, if the denial is not successfully appealed.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0020, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0025 Procedures for requesting review of a denied CPI and the secretary's review.

(1) Requesting a review. An individual whose request for a CPI is denied may request that the secretary or designee review the denial. The request for review must:

(a) Be in writing;

(b) Clearly state why the individual disagrees with the denial;

(d) Be received by the department within forty-five calendar days of when the decision described in WAC 110-05-0020 was mailed to the individual's last known address.

(2) The failure by an individual to timely request review of a CPI denial decision will result in the loss of any right to a hearing or further challenges to the denial.

(3) The secretary's review. A department management level staff-person designated by the secretary who was not involved in the decision-making process will review the CPI denial decision. The department must:

(a) Complete its review within thirty days after receiving the request for review;

(b) Notify the individual in writing of its review determination by sending the review determination to the individual's last known address.

(i) If the review determination does not alter the CPI denial decision, the department will send the review determination by certified mail, return-receipt requested, first-class mail, and email, when available.

(ii) If the CPI denial decision is overturned, the department will send the review decision by first-class mail and email, when available; and

(c) Include instructions for requesting an administrative hearing under chapter 34.05 RCW when the review determination does not alter the CPI denial decision.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0025, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0030 Procedures for requesting an administrative hearing.

(1) An individual who is denied a CPI under WAC 110-05-0025 has the right to request an administrative hearing under chapters 34.05 RCW and 110-03 WAC.

(2) A request for hearing under chapter 34.05 RCW must be filed with the OAH, as defined in WAC 110-03-0020, within forty-five calendar days of the date the department placed the agency review determination in the mail addressed to the individual.

(3) The failure to timely request an administrative hearing results in the loss of any right to a hearing or further challenges to the CPI denial.

(4) The request for administrative hearing filed with the OAH must include a copy of the review determination notice. OAH will conduct an administrative hearing and issue an initial order.

(5) An individual who disagrees with the initial order issued by OAH may appeal it to the DCYF board of appeals as provided in WAC 110-03-0520 through 110-03-0580. If an appeal is not filed on or before the twenty-first calendar day after the initial order is served on the individual, the initial order issued by OAH becomes the final order.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0030, filed 5/20/21, effective 6/20/21.

Wash. Admin. Code § 110-05-0035 Confidentiality.

Reviews and hearings conducted under this chapter are confidential and are not open to the public. Information about reports, reviews, and hearings may be disclosed only in accordance with federal and state laws pertaining to child welfare records and child protective services reports.

History

Statutory Authority: RCW 74.13.720(7). WSR 21-12-014, § 110-05-0035, filed 5/20/21, effective 6/20/21.

Chapter 110-06 Background checks—Early learning programs.

Wash. Admin. Code § 110-06-0010 Purpose and scope.

(1) The purpose of this chapter is to establish rules for background checks conducted by the department of children, youth, and families (DCYF).

(2) The department conducts background checks on subject individuals who:

(a) Currently have a background clearance and are seeking to renew the authorization; and

(b) Are seeking a background check authorization for the first time.

(3) A background clearance authorizes subject individuals to:

(a) Work at a child care agency;

(b) Care for children receiving early learning services;

(d) Reside on the premises of a child care agency or certified facility; or

(e) 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 WCCC subsidies.

(4) 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.

(5) State law requires the evaluation of background information to determine the character, suitability, and competence of persons who will work at an agency, or care for or have unsupervised access to children receiving early learning services or other agency authorized services.

(6) Subject to federal law, if any provision of this chapter conflicts with any substantive provision in any rule relating to background checks and qualifications of individuals who are authorized to care for or have unsupervised access to children receiving early learning services, the provisions in this chapter will govern.

(7) This chapter implements chapters 43.216 and 43.43 RCW including, but not limited to, DCYF responsibilities in RCW 43.216.260, 43.216.270 through 43.216.273, and 43.43.830 through 43.43.832.

(8) This chapter is intended to allow for the 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.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0010, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0010, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0010, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0010, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0010, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0020 Definitions.

The following definitions apply to this chapter:

"Authorized" or "authorization" means approval by DCYF to work at a child care agency, care for children receiving early learning services from an agency, have unsupervised access to children receiving early learning services, or to reside on the premises of a child care agency or certified facility.

"Certificate of parental improvement (CPI)" has the same meaning as "certificate of parental improvement" in RCW 43.216.010.

"Certificate of restoration of opportunity (CROP)" means a certificate issued by a court under chapter 9.97 RCW that may restore an individual's eligibility for a license, certification, or background check authorization issued under chapter 43.216 RCW.

"Certification" or "certified by DCYF" means an agency that is legally exempt from licensing that has been certified by DCYF as meeting minimum licensing requirements.

"Child care agency" or "agency" has the same meaning as "agency" in RCW 43.216.010.

"Conviction or other disposition adverse to the subject" has the same meaning as "conviction or other disposition adverse to the subject" in RCW 10.97.030.

"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.

"Department of children, youth, and families (DCYF)" or "department" means the Washington state department of children, youth, and families.

"Department of social and health services (DSHS)" means the Washington state department of social and health services.

"Disqualified" or "disqualify" means a DCYF determination or finding was issued to a subject individual that because of their background information history, they are prohibited from:

(a) Caring for or having unsupervised access to children receiving early learning services;

(b) Working at a child care agency; or

"Early learning services" means programs and services including, but not limited to, the early childhood education and assistance program (ECEAP), head start, licensed child care, and license-exempt child care services.

"FBI" means the Federal Bureau of Investigation.

"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" has the same meaning as "negative action" in RCW 43.216.010. A negative action includes a court order or court judgment that finds the subject individual's child dependent and the basis for such finding is RCW 13.34.030(6) or other equivalent state or federal statute.

"Nonconviction information" has the same meaning as "nonconviction information" in RCW 43.216.010.

"Nonexpiring license" or "nonexpiring full license" means a license authorized under RCW 43.216.305 that is issued to a licensee following the initial licensing period.

"Pending criminal charge" means a criminal charge for a crime that has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal, or withdrawal.

"Premises" has the same meaning as "premises" in WAC 110-300-0005.

"Secretary's list" means the conduct and crimes described in WAC 110-06-0120 and the federal disqualifying crimes and conduct described in 42 U.S.C. Sec. 9858f and C.F.R. Sec. 98.43.

"Subject individual" means:

(a) An individual who is 16 years of age or older and is seeking:

(i) A background check authorization to have unsupervised access to children receiving early learning services;

(ii) A background check authorization to care for children receiving early learning services;

(iii) A background check authorization to work at a child care agency;

(iv) A background check authorization to reside at the premises of a child care agency or certified facility;

(v) A reauthorization of a background check authorization previously issued by DCYF; or

(vi) A new background check authorization, having been previously issued a background check authorization.

(b) A person who is 13 through 15 years of age who is seeking or has obtained a background check authorization under WAC 110-06-0045.

(i) A person who is seeking an application for a child care agency license or a DCYF certification;

(ii) An individual who is currently a licensed or certified child care provider who is seeking:

(A) A continuation of a nonexpiring license or renewal of a certificate; or

(B) A renewal of DCYF's authorization to care for or have unsupervised access to children receiving early learning services;

(iii) A person who is a relative provider, in-home provider, or is employed by an early learning provider, including assistants and other persons who are temporarily employed by an early learning provider;

(iv) A person who is a volunteer or intern that provides early learning services;

(v) A person who contracts with an early learning provider;

(vi) A person who is 16 years of age or older who:

(A) Resides at, or will be moving onto, the premises where early learning services will or are provided; or

(B) Will care for or have unsupervised access to children receiving early learning services;

(vii) All owners, operators, lessees, or directors of the agency or facility, or their designees; and

(viii) Licensees.

"Unsupervised access" means not in the presence of a subject individual who is an employee of a child care agency and is authorized by DCYF to be alone with children receiving early learning services from the same agency. For purposes of this definition, unsupervised access includes, but is not limited to, access to children receiving early learning services who are not within constant visual or auditory range of the individual authorized by DCYF to be alone with children receiving early learning services.

"WCCC" means working connections child care.

"WSP" means the Washington state patrol.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0020, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0020, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0020, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0020, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0020, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0040 Background clearance requirements.

This section applies to all subject individuals, except for in-home/relative providers.

(1) Subject individuals must complete the DCYF background check application process on or before the dates described in WAC 110-06-0041, 110-06-0045, and at least once every three years thereafter. The background check process includes, but is not limited to:

(a) Submitting a completed background check application with the DCYF background check unit;

(b) Completing the required fingerprint process;

(c) Completing the required interstate background check process for each state the subject individual has lived outside of Washington state in the five years preceding the background check application; and

(d) Paying all required fees as provided in WAC 110-06-0044.

(2) All subject individuals who are seeking renewals of their DCYF authorizations must:

(a) Submit a new background check application to DCYF;

(b) Submit payment of all required fees described in WAC 110-06-0044;

(c) Complete the required fingerprint process if the subject individual lives or has lived outside of Washington state since the previous background check was completed, or has not previously completed the fingerprint process required by this section; and

(d) Complete the required interstate background check process for each state the subject individual has lived outside of Washington state in the five years preceding the background check application.

(3) All subject individuals who submit background check applications and are seeking background check authorizations or reauthorizations must disclose whether they have:

(a) Been convicted of any crime;

(b) Any pending criminal charges; and

(4) Subject individuals must not have unsupervised access to children in care unless they have obtained DCYF authorization under this chapter.

(5) Subject individuals who have been disqualified by DCYF must not be present on the premises when early learning services are provided to children.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0040, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, 42 U.S.C. 9858, et seq. and 45 C.F.R. 98.43. WSR 19-21-064, § 110-06-0040, filed 10/11/19, effective 11/11/19. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0040, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0040, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0040, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0040, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0041 Requirements for early learning service providers.

(1) 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 DCYF background check application:

(a) Prior to the date of hire;

(b) By the date a subject individual age sixteen or older moves onto the premises; or

(3) Beginning October 1, 2020, a subject individual must receive from DCYF a background check clearance authorization prior to the first date of employment.

History

Statutory Authority: RCW 43.216.055, 43.216.065, 42 U.S.C. 9858, et seq. and 45 C.F.R. 98.43. WSR 19-21-064, § 110-06-0041, filed 10/11/19, effective 11/11/19. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0041, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0041, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0041, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0041, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0042 Departmental investigation and redetermination.

(1) The department will investigate and conduct redeterminations of background clearances of subject individuals if the department receives a complaint or information that causes the department to conclude a background check clearance redetermination is necessary to verify that a subject individual has the appropriate character, suitability, and competence to have unsupervised access to children receiving early learning services. The complaint or information may be received from individuals, law enforcement agencies, or other federal, state, or local government agencies.

(2) Subject to the requirements in RCW 43.216.270, and based on a determination that an individual lacks the appropriate character, suitability, or competence to be approved for a background check authorization, the department may:

(a) Invalidate their background check authorization; or

(b) Suspend, modify, or revoke any child care license issued by DCYF.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0042, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0042, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0042, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0042, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0042, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0043 Early learning providers' duty to report conviction information, negative actions, or pending criminal charges.

(1) Early learning services providers must report to the department within 24 hours of learning that a subject individual associated with their services who is authorized to have unsupervised access to children, has a background that includes any conviction information, pending criminal charge, or negative action.

(2) Subject individuals who have been issued background check authorizations under this chapter must report to the department within 24 hours after becoming aware that they are the subject of conviction information, pending criminal charge, or negative action they have not reported to the department.

(3) Individuals' background check authorizations may be disqualified if they intentionally or knowingly fail to report to the department as required under subsection (1) or (2) of this section. This disqualification will be in addition to any other agency action that may be imposed as a result of a violation of this chapter, applicable provisions within Title 110 WAC, or chapter 43.216 RCW.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0043, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0043, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0043, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0043, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0043, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0044 Background check fees.

This section applies to all subject individuals other than in-home/relative providers.

(1) Subject individuals must pay for the cost of the background check process. The fees include:

(a) Fingerprint process fees as defined by WSP, FBI, DSHS, and the DCYF fingerprint contractor; and

(b) The DCYF administrative fee of $12.00.

(2) DCYF administrative fee payments may be paid by:

(a) Debit or credit card;

(b) Mailing a personal check, cashier's check, or money order to:

Department of Children, Youth, and Families (DCYF)

Attn: PBC

P.O. Box 40971

Olympia, WA 98504-0971; or

(c) Electronic funds transfer that does not involve a debit or credit card. For purposes of this section, "electronic funds transfer" means an online system that allows for the secure transfer of money from one bank account to an account designated by DCYF.

(3) The department will not issue background check authorizations to subject individuals who fail to pay the required fees in subsection (1) of this section.

(4) A processing fee of $25 will be charged by DCYF for any check, money order, or electronic funds transfer that is reported as not having sufficient funds.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0044, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0044, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0044, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0044, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0045 Background checks for minor individuals under 16 years of age.

(1) All agencies, licensees, and certified facilities must possess a copy of background check authorizations for minor subject individuals who work or reside at the licensed or certified agency. The requirements described in this subsection apply to minor subject individuals who are:

(a) Fourteen through 15 years of age, before the date they begin working for a licensed or certified child care; or

(b) Thirteen through 15 years of age on or before the date they begin or continue to reside in a licensed or certified family home child care. Subject individuals who are 13 through 15 years of age and who begin to reside in a licensed or certified facility after their 13th birthday, must complete the required DCYF minor individual background check application process within seven days after moving into the licensed family home child care.

(2) Subject individuals identified in subsection (1)(a) or (b) of this section must not have unsupervised access to children receiving early learning services.

(3) Background check applications for minor subject individuals must be signed by them and their parent or guardian.

(4) Minor subject individuals' character, suitability, and competence determinations will be made pursuant to the requirements described in this chapter.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0045, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0045, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0045, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0045, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0046 Requirements for license-exempt in-home/relative providers.

(1) This section applies to license-exempt in-home/relative providers. The background check process must be completed for individuals described in (a) through (c) of this subsection before they have unsupervised access to children and at least once every three years thereafter:

(a) All license-exempt in-home/relative providers who apply to care for a consumer's child who is eligible to receive WCCC benefits;

(b) Subject individuals 16 years of age or older who are residing with a license-exempt in-home/relative provider if the provider cares for the child eligible to receive WCCC benefits in the provider's home, and the home is not where the child resides; and

(c) Subject individuals 16 years of age or older who begin to reside with a license-exempt in-home/relative provider after the date the provider begins to care for the child eligible to receive WCCC benefits in the provider's home, and the home is not where the child resides.

(2) Subject individuals who are seeking background check authorizations must complete the background check application process by:

(a) Submitting a completed background check application;

(b) Completing the required fingerprint process; and

(c) Completing the required interstate background check process for each state they have lived outside of Washington state in the five years preceding the background check application.

(3) Subject individuals completing the DCYF background check process must disclose whether they have:

(a) Been convicted of any crime;

(b) Any pending criminal charges; and

(4) Subject individuals must not have unsupervised access to children in care before obtaining a DCYF background check authorization under this chapter.

(5) Subject individuals who have been disqualified by DCYF must not be present on the premises when early learning services are provided to children.

(6) DCYF will pay the cost of the background check process. The fees include:

(a) Fingerprint process fees as defined by WSP, FBI, DSHS, and the DCYF fingerprint contractor; and

(b) The DCYF administrative fee.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0046, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0046, filed 12/18/18, effective 1/18/19.

Wash. Admin. Code § 110-06-0050 Department action following completion of background inquiries.

(1) As part of the background check process the department will conduct the background check investigation and evaluation described in this section to determine whether subject individuals must be disqualified.

(2) Subject individuals must be disqualified when their background information includes conviction information or pending criminal charges described in WAC 110-06-0070(1) or conduct described in WAC 110-06-0070 (4) or (5).

(3) Subject to the requirements of WAC 110-06-0070(3) and after comparing subject individuals' background information with the secretary's list to determine whether to disqualify under WAC 110-06-0070(1), DCYF may conduct a character, suitability, and competence assessment of the subject individuals.

(4) Subject to the requirements of this chapter and after comparing subject individuals' background information with the secretary's list to determine whether to disqualify under WAC 110-06-0070(6), the department must conduct a character, suitability, and competence assessment of the subject individuals.

(5) For purposes of DCYF's investigation, evaluation, and determination, the following standards apply:

(a) A pending criminal charge that has been filed in the appropriate court, a deferred prosecution, or a deferred sentence must be given the same weight as a conviction.

(b) If the conviction or pending criminal charge has been renamed it is given the same weight as the previous named conviction or pending criminal charge.

(c) Convictions or pending criminal charges whose titles include the word "attempted," "conspiracy," or "solicitation" are given the same weight as those titles without the word "attempted," "conspiracy," or "solicitation."

(d) The term "conviction" may include convictions or dispositions for crimes committed as either an adult or juvenile.

(e) Convictions and pending criminal charges from other states or jurisdictions will be treated the same as a crime or pending criminal 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 subject individuals' conduct, as evidenced by the indictment or information, will be analyzed to determine whether the conduct would have violated the comparable Washington statute.

(f) Crimes will not be considered convictions if they have been the subject of an expungement, pardon, annulment, certification of rehabilitation, vacated, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or the conviction has been vacated, the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(g) If the subject individuals' background information contains a CPI or CROP, DCYF must:

(i) Disqualify them if their background information contains a conviction or pending criminal charge that is listed in WAC 110-06-0120(2); or

(ii) Assess their character, suitability, and competence to determine whether they should be disqualified if the CPI or CROP does not apply to a:

(A) Pending criminal charge or conviction of a crime; or

(B) Negative action under WAC 110-06-0120 (3) or (4).

(h) A CROP does not apply to founded findings of child abuse or neglect. A child abuse or neglect finding must be considered by the department.

(i) A CROP and CPI must be included as part of the criminal history record reports, qualifying letters, assessments, or other reports.

(j) Subject individuals' background check authorizations may be suspended if they are the subject of a child protective services investigation. The length of the suspension may not exceed the following time period:

(i) As defined in RCW 26.44.020, the department makes an unfounded determination; or

(ii) The date a negative action determination is issued or the date a negative action becomes final, whichever is longer.

(k) If the department suspends a subject individual's background check authorization for the time period described in (j)(ii) of this subsection, the department may disqualify them under the requirements described in this chapter.

(l) Subject individuals who request a hearing or appeals a department decision to disqualify will not be authorized to care for or have unsupervised access to children receiving early learning services during the time period the hearing request or appeal is pending.

(6) If DCYF has reason to believe that additional information or reports are needed to determine whether subject individuals have the character, suitability, and competence to care for or have unsupervised access to children receiving early learning services, DCYF may request that they provide such reports or additional information. Subject individuals who do not provide the requested information may be disqualified.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0050, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0050, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0050, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0050, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0050, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0070 Background check decisions.

Background information that may or must disqualify subject individuals.

(1) Subject individuals must be permanently disqualified if they have a background that includes a pending criminal charge or conviction information of a crime listed in WAC 110-06-0120(2).

(2) If subject individuals have a background that includes a negative action, or a pending criminal charge or conviction information, that involves any of the conduct described in the secretary's list under WAC 110-06-0120 (3) or (4), DCYF may disqualify them if it determines they do not have the appropriate character, suitability, or competence to be authorized or reauthorized.

(3) DCYF must consider the following factors related to subject individuals' backgrounds when assessing character, suitability, and competence:

(a) Whether they have a background containing any of the permanently disqualifying pending criminal charges or convictions on the secretary's list that are described in WAC 110-06-0120(2);

(b) Whether they have a background containing any pending criminal charges or convictions on the secretary's list that are described in WAC 110-06-0120(3) or negative actions described in WAC 110-06-0120(4);

(d) The amount of time that has passed since the pending criminal charge, conviction information, or negative action;

(e) The seriousness of the crime and/or their actions that led to the pending criminal charge, conviction, or negative action;

(f) The number, types, and age of other pending criminal charges, convictions, or negative actions in their background;

(g) Their age at the time of the pending criminal charge, conviction, or the issuance of the negative action determination;

(h) The length and consistency of employment history before and after the pending criminal charge, conviction, or negative action;

(i) The employment or character references and any other information regarding their fitness to be authorized;

(j) The completion of services or other evidence of rehabilitation since the pending criminal charge, conviction, or negative action;

(k) The subject individuals' role or purpose in delivering early learning services; and

(l) How their conduct that is the basis for their pending criminal charge, conviction, or negative action, is conduct that shows they do not have the appropriate character, suitability, and competence to receive a background authorization.

(4) Subject individuals who are registered or required to be registered on a state sex offender registry, state sex offender repository, or the national sex offender registry, must be disqualified.

(5) Subject individuals who knowingly make a materially false statement in connection with the criminal background check application must be disqualified.

(6) DCYF issues decisions within 45 days of completed background application submission dates, notwithstanding delays incurred by applicants or other entities required to provide background information.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0070, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0070, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0070, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0070, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0070, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0080 Notice of disqualification.

(1) DCYF will send written notice to subject individuals who are disqualified by the background check.

(2) If DCYF sends a notice of disqualification, subject individuals will not be authorized to:

(a) Care for or have unsupervised access to children receiving early learning services; or

(b) Be present on the early learning service's premises during the hours when child care is provided.

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

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0080, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0080, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0080, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0080, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0080, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0090 Administrative hearing to contest disqualification.

(1) A subject individual may request an administrative hearing to contest the department's disqualification decision under WAC 110-06-0070.

(2) The 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 110-03 WAC.

History

Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0090, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0090, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0090, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0100 Requesting an administrative hearing.

(1) Subject individuals have a right to contest a disqualification decision under WAC 110-06-0070. Subject individuals must request a hearing within 28 days of receipt of the written disqualification decision.

(2) Requests for hearings must meet the requirements of chapter 110-03 WAC.

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

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0100, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0100, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0100, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0100, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0110 Limitations on challenges to disqualifications.

Administrative hearings requested to challenge background check disqualifications may not be used to adjudicate the basis for disqualification, including:

(1) Pending criminal charges or criminal convictions;

(2) Findings of child abuse or neglect as defined in chapter 26.44 RCW, or findings of abandonment, abuse, neglect, exploitation, or financial exploitation of a vulnerable adult as defined in chapter 74.34 RCW, if the subject individuals:

(a) Failed to request a hearing to contest the finding after receiving notice of the finding from DCYF; or

(b) Were notified of the finding and requested a hearing to contest the finding, but the finding was upheld by final administrative order or superior court order;

(3) Court orders finding subject individuals' children to be dependent as defined in chapter 13.34 RCW; or

(4) Negative actions, if the subject individuals were previously given the right of review or hearing right and final decisions or findings have been issued.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0110, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0110, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0110, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0110, filed 4/30/08, effective 5/31/08.

Wash. Admin. Code § 110-06-0115 Department decision to vacate disqualification decisions.

(1) Subject to the requirements contained in this chapter, the department may not reconsider whether earlier decisions to disqualify subject individuals will be vacated unless the department determines a change has occurred in the circumstances of a subject individual between the date of disqualification and the date the request to vacate the disqualification is made. Subject to the requirements contained in this chapter, to receive a background check authorization under this section, the department must review the subject individual's background and assess their character, suitability, and competence to determine whether the change in circumstances demonstrates the subject individual should receive an authorization.

(2) To determine whether there has been a change in circumstances, the department must consider the factors described in subsection (3) of this section. A change in circumstances includes, but is not limited to, the following:

(a) Two years have passed since the issuance of a disqualification.

(b) The issuance of a valid CROP that pertains to a crime that was the sole basis of the subject individual's disqualification.

(c) If the sole basis for the disqualification was for a pending criminal charge or conviction that has been dismissed, vacated, the subject of a pardon, annulment, or other equivalent procedure.

(d) The issuance of a valid CPI that pertains to a negative action that was the sole basis of the subject individual's disqualification. The CPI must pertain to conduct by the subject individual that resulted in a founded finding of negligent treatment or maltreatment, physical abuse, or a dependency finding that was the result of a finding that the subject individual abused or neglected the child under RCW 13.34.030 (6)(b).

(e) If the sole basis for the disqualification was a negative action that has been dismissed, vacated, annulled, or other equivalent procedure.

(3) Before subject individuals are issued a background check authorization under this section, the department must review their background and assess their character, suitability, and competence. In this assessment, the department considers the following factors related to the subject individual's background:

(a) Whether the subject individual has a pending criminal charge or conviction on the secretary's list described in WAC 110-06-0120(2);

(b) Whether the subject individual has a background containing any of the information described in the secretary's list in WAC 110-06-0120 (3) or (4);

(c) The amount of time that has passed since the pending criminal charge, conviction, or negative action information that is the sole basis, or partial basis, of the subject individual's prior disqualification;

(d) The seriousness of the crime or subject individual's actions that led to the pending criminal charge, conviction, or negative action that was the sole basis, or partial basis, of the subject individual's prior disqualification;

(e) The number, types, and age of other pending criminal charges, conviction information, or negative actions in the subject individual's background;

(f) The subject individual's age at the time of the negative action determination, pending criminal charge or conviction that is the sole basis, or partial basis, of the subject individual's prior disqualification;

(g) The completion of services or other evidence of rehabilitation since the pending criminal charge, conviction, or negative action that is the sole basis, or partial basis of the subject individual's prior disqualification;

(h) The subject individual's role or purpose in delivering early learning services;

(i) The length and consistency of employment history between the date the disqualification was issued and the date the subject individual asks the department to vacate the disqualification decision;

(j) The employment or character references and any other information regarding the subject individual's fitness to be authorized.

(4) If a CROP or CPI has been issued for a crime or negative action described in the secretary's list in WAC 110-06-0120 (3) or (4) that was the sole basis for a disqualification, the department must vacate the disqualification. If a disqualification is vacated for any reason under this section, the department must conduct a new background check investigation and evaluation as described in this chapter.

(5) As part of the background check process under this section, the department will conduct the background check investigation, evaluation, and assessment as described in this chapter.

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0115, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0115, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0115, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0115, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0115, filed 5/30/12, effective 7/1/12.

Wash. Admin. Code § 110-06-0120 Secretary's list.

(1) The crimes and conduct described in this section constitute the secretary's list.

(2) Subject to the requirements described in this chapter, the department must permanently disqualify subject individuals who have a pending criminal charge or conviction for any of the crimes listed in this subsection.

| Citation | Description | | --- | --- | | RCW 9A.42.060 | Abandonment of a dependent person in the first degree (if the victim is a child) | | RCW 9A.42.070 | Abandonment of a dependent person in the second degree (if the victim is a child) | | RCW 10.95.020 | Aggravated murder | | RCW 9A.48.020 | Arson in the first degree | | RCW 9A.48.030 | Arson in the second degree | | RCW 9A.36.011 | Assault in the first degree | | RCW 9A.36.021 | Assault in the second degree | | RCW 9A.36.031 | Assault in the third degree (if causes bodily harm) | | RCW 9A.36.120 | Assault of a child in the first degree | | RCW 9A.36.130 | Assault of a child in the second degree | | RCW 9A.36.140 | Assault of a child in the third degree | | RCW 9A.52.020 | Burglary in the first degree (if child or spouse is assaulted) | | RCW 9A.44.083 | Child molestation in the first degree | | RCW 9A.44.086 | Child molestation in the second degree | | RCW 9A.44.089 | Child molestation in the third degree | | RCW 9A.64.030 | Child buying or selling | | RCW 9.68A.100 | Commercial sexual abuse of a minor | | RCW 9.68A.090 | Communication with minor for immoral purposes (if a felony) | | RCW 69.50.415 | Controlled substances homicide (if the victim is a child) | | RCW 9A.42.020 | Criminal mistreatment in the first degree (if the victim is a child) | | RCW 9A.42.030 | Criminal mistreatment in the second degree (if the victim is a child) | | RCW 9A.36.100 | Custodial assault (if causes bodily harm) | | RCW 9A.40.060 | Custodial interference in the first degree (if the victim is a child) | | RCW 9A.40.070 | Custodial interference in the second degree (if the victim is a child; and the conviction is the subject individual's second or subsequent conviction of custodial interference in the second degree) | | RCW 9A.44.160 | Custodial sexual misconduct in the first degree (if the victim is a child) | | RCW 9.68A.050 | Dealing in depictions of minor engaged in sexually explicit conduct in the first degree or second degree | | RCW 9A.36.045 | Drive-by shooting (if the victim is a child) | | RCW 9A.42.100 | Endangerment with a controlled substance (if the victim is a child) | | RCW 9A.56.120 | Extortion in the first degree (if the victim is a child) | | RCW 9A.56.130 | Extortion in the second degree (if the victim is a child) | | RCW 9A.36.080 | Hate crime offense (if the victim is a child) | | RCW 9A.32.055 | Homicide by abuse (if the victim is a child) | | RCW 9A.64.020 | Incest in the first degree or second degree (if the victim is a child) | | RCW 9A.88.010 | Indecent exposure (if a felony and the victim is a child) | | RCW 9A.44.100 | Indecent liberties | | RCW 9A.40.020 | Kidnapping in the first degree | | RCW 9A.40.030 | Kidnapping in the second degree | | RCW 9A.40.090 | Luring (if the victim is a child) | | RCW 9A.32.060 | Manslaughter in the first degree (if the victim is a child) | | RCW 9A.32.070 | Manslaughter in the second degree (if the victim is a child) | | RCW 9A.32.030 | Murder in the first degree | | RCW 9A.32.050 | Murder in the second degree | | RCW 9.68A.070 | Possession of depictions of minor engaged in sexually explicit conduct in the first degree or second degree | | RCW 9.68A.101 | Promoting commercial sexual abuse of a minor | | RCW 9.68.140 | Promoting pornography (if the victim is a child) | | RCW 9A.88.070 | Promoting prostitution in the first degree (if the victim is a child) | | RCW 9.68A.102 | Promoting travel for commercial sexual abuse of a minor | | RCW 9A.44.040 | Rape in the first degree | | RCW 9A.44.050 | Rape in the second degree | | RCW 9A.44.060 | Rape in the third degree | | RCW 9A.44.073 | Rape of a child in the first degree | | RCW 9A.44.076 | Rape of a child in the second degree | | RCW 9A.44.079 | Rape of a child in the third degree | | RCW 9A.56.200 | Robbery in the first degree (if the victim is a child) | | RCW 9A.56.210 | Robbery in the second degree (if the victim is a child) | | RCW 9.68A.060 | Sending, bringing into state depictions of minor engaged in sexually explicit conduct in the first degree or second degree | | RCW 9.68A.040 | Sexual exploitation of a minor | | RCW 9A.44.093 | Sexual misconduct with a minor in the first degree | | RCW 9A.40.040 | Unlawful imprisonment (if the victim is a child) | | RCW 46.61.520 | Vehicular homicide (if the victim is a child) |

(3) Subject to the requirements described in this chapter, the department may disqualify subject individuals who have a pending criminal charge or conviction for a crime listed in this subsection.

| Citation | Description | | --- | --- | | RCW 9A.42.060 | Abandonment of a dependent person in the first degree (if the victim is not a child) | | RCW 9A.42.070 | Abandonment of a dependent person in the second degree (if the victim is not a child) | | RCW 9A.42.080 | Abandonment of a dependent person in the third degree | | RCW 16.52.205 | Animal cruelty in the first degree | | RCW 16.52.207 | Animal cruelty in the second degree | | RCW 9A.36.031 | Assault in the third degree (if no bodily harm) | | RCW 9A.36.041 | Assault in the fourth degree | | RCW 9A.52.020 | Burglary in the first degree (if a child or spouse is not assaulted) | | RCW 9A.52.030 | Burglary in the second degree | | RCW 9A.36.070 | Coercion | | RCW 9.68A.090 | Communication with minor for immoral purposes (if a gross misdemeanor) | | RCW 69.50.415 | Controlled substances homicide (if the victim is not a child) | | RCW 9A.46.120 | Criminal gang intimidation | | RCW 9A.60.040 | Criminal impersonation in the first degree | | RCW 9A.42.020 | Criminal mistreatment in the first degree (if the victim is not a child) | | RCW 9A.42.030 | Criminal mistreatment in the second degree (if the victim is not a child) | | RCW 9A.42.035 | Criminal mistreatment in the third degree | | RCW 9A.42.037 | Criminal mistreatment in the fourth degree | | RCW 9.05.060 | Criminal sabotage | | RCW 9A.36.100 | Custodial assault (if no bodily harm) | | RCW 9A.40.060 | Custodial interference in the first degree (if the victim is not a child) | | RCW 9A.40.070 | Custodial interference in the second degree (if the victim is not a child) | | RCW 9A.44.160 | Custodial sexual misconduct in the first degree (if the victim is not a child) | | RCW 9A.44.170 | Custodial sexual misconduct in the second degree | | RCW 9.61.260 | Cyberstalking | | RCW 9A.36.045 | Drive-by shooting (if the victim is not a child) | | RCW 46.61.502 | Driving under the influence of intoxicating liquor, marijuana, or any drug (if the conviction was for a felony or the conviction occurred within three years of the date of the subject individual's request for authorization) | | RCW 46.52.020 | Duty in case of personal injury or death or damage to attended vehicle or other property – Penalties (if a felony) | | RCW 9A.42.100 | Endangerment with a controlled substance (if the victim is not a child) | | RCW 9A.56.120 | Extortion in the first degree (if the victim is not a child) | | RCW 9A.56.130 | Extortion in the second degree (if the victim is not a child) | | RCW 9A.44.132 | Failure to register as sex offender or kidnapping offender | | RCW 66.44.270 | Furnishing liquor to minors (only if the subject individual sells, gives, or otherwise supplies liquor to a person under the age of 21 years; or permits any person under that age to consume liquor on the subject individual's property or on any property under the subject individual's control) | | RCW 9A.46.020 | Harassment | | RCW 9A.36.080 | Hate crime offense (if the victim is not a child) | | RCW 9A.32.055 | Homicide by abuse (if the victim is not a child) | | RCW 79A.60.050 | Homicide by watercraft | | RCW 9.40.120 | Incendiary devices | | RCW 9A.64.020 | Incest in the first degree or second degree (if the victim is not a child) | | RCW 9A.88.010 | Indecent exposure (if felony and victim is not a child, or if a misdemeanor) | | RCW 9A.82.060 | Leading organized crime | | RCW 46.61.685 | Leaving children unattended in standing vehicle with motor running | | RCW 9.91.060 | Leaving children unattended in parked automobile | | RCW 9A.40.090 | Luring (if the victim is not a child) | | RCW 70.74.270 | Malicious placement of an explosive in the first, second, or third degree | | RCW 70.74.272 | Malicious placement of an imitation device in the first degree or second degree | | RCW 9A.32.060 | Manslaughter in the first degree (if the victim is not a child) | | RCW 9A.32.070 | Manslaughter in the second degree (if the victim is not a child) | | RCW 46.61.5249 | Negligent driving in the first degree (if the conviction occurred within three years of the date of the subject individual's request for authorization) | | RCW 46.61.504 | Physical control of vehicle under the influence (if felony) | | RCW 9.68.140 | Promoting pornography (if the victim is not a child) | | RCW 9A.88.070 | Promoting prostitution in the first degree (if the victim is not a child) | | RCW 9A.88.080 | Promoting prostitution in the second degree | | RCW 9A.36.060 | Promoting a suicide attempt | | RCW 9A.36.050 | Reckless endangerment | | RCW 9A.76.070 | Rendering criminal assistance in the first degree | | RCW 9A.52.025 | Residential burglary | | RCW 9A.56.200 | Robbery in the first degree (if the victim is not a child) | | RCW 9A.56.210 | Robbery in the second degree (if the victim is not a child) | | RCW 9A.44.096 | Sexual misconduct with a minor in the second degree | | RCW 9A.44.105 | Sexually violating human remains | | RCW 9A.46.110 | Stalking | | RCW 9.61.230 | Telephone harassment (if felony) | | RCW 9A.40.100 | Trafficking in the first degree or second degree | | RCW 13.32A.080 | Unlawful harboring of a minor | | RCW 9A.40.040 | Unlawful imprisonment (if the victim is not a child) | | RCW 69.53.010 | Unlawful use of a building for drug abuse purposes | | RCW 9.41.225 | Use of machine gun or bump-fire stock in felony | | RCW 46.61.522 | Vehicular assault | | RCW 46.61.520 | Vehicular homicide (if the victim is not a child) | | RCW 9.68A.075 | Viewing depictions of minor engaged in sexually explicit conduct in the first or second degree | | RCW 26.50.110 | Violation of sexual assault protection order under chapter 7.90 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of stalking no-contact order or stalking protection order under chapter 7.92 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of human trafficking no-contact order under chapter 9A.40 if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of an order restricting contact under RCW 9A.46.080 | | RCW 26.50.110 | Violation of promoting prostitution no-contact order under chapter 9A.88 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of domestic violence no-contact order under chapter 10.99 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of dissolution proceeding restraining order under chapter 26.09 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of paternity proceeding restraining order under chapter 26.26A or 26.26B RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of a domestic violence order for protection under chapter 26.50 RCW if a felony under RCW 26.50.110 | | RCW 26.50.110 | Violation of an order for protection of a vulnerable adult under chapter 74.34 RCW if a felony under RCW 26.50.110 | | RCW 10.14.170 | Violation of civil antiharassment protection order | | RCW 69.52.030 | Violation of the Uniform Controlled Substances Act (manufacture, distribute, or possess with intent to distribute) | | Chapter 69.50 RCW (Article IV Offenses and penalties) | Except for controlled substance homicide if the child is a victim (RCW 69.50.415), any violation of the Uniform Controlled Substances Act | | RCW 69.41.020 | The unlawful obtaining or attempting to obtain a legend drug, or procure or attempt to procure the administration of a legend drug | | RCW 69.41.030 | Sale or delivery of legend drug without prescription or order | | RCW 69.43.070 | Sale, transfer, or furnishing of any substance listed in RCW 69.43.010 with knowledge or intent the recipient will use the substance to unlawfully manufacture a controlled substance; or the receipt of any substance listed in RCW 69.43.010 with intent to use the substance unlawfully to manufacture a controlled substance | | RCW 9A.44.115 | Voyeurism | | RCW 69.41.030 | Sale or delivery of legend drug without prescription or order |

(4) Subject to the requirements described in this chapter, the department may disqualify subject individuals who have a background that includes any negative action that is based on the conduct described in this subsection.

(a) The abuse, neglect, exploitation, or abandonment of a vulnerable adult, child, or juvenile.

(b) The suspension, termination, revocation, denial, or restriction of a license, professional license, or certification.

(d) The relinquishment of a license, certification, or contract in lieu of an agency negative action.

(5) Under 42 U.S.C. § 9858f (c)(1)(B) subject individuals must be disqualified and not authorized for employment at a licensed or certified child care facility, if they knowingly make a materially false statement in connection with their criminal background check.

(6) Under 42 U.S.C. § 9858f (c)(1)(C) subject individuals must be disqualified and not authorized for employment at a licensed or certified child care facility, if they are registered, or are required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).

History

Statutory Authority: RCW 43.43.832(2), 43.216.065, and 43.216.271. WSR 22-10-022, § 110-06-0120, filed 4/25/22, effective 5/26/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-06-0120, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-06-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 15-24-040, § 170-06-0120, filed 11/20/15, effective 1/1/16. Statutory Authority: RCW 43.215.060, 43.215.070 and chapter 43.215 RCW. WSR 14-13-002, § 170-06-0120, filed 6/4/14, effective 7/5/14. Statutory Authority: RCW 43.215.200, 43.215.205, 43.215.215 through 43.215.218, 43.43.830, 43.43.832, chapter 43.215 and 43.43 RCW, and 2011 c 295. WSR 12-12-040, § 170-06-0120, filed 5/30/12, effective 7/1/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.43.832, 2006 c 265 and 2007 c 387. WSR 08-10-041, § 170-06-0120, filed 4/30/08, effective 5/31/08.

Chapter 110-09 Complaint resolution.

Wash. Admin. Code § 110-09-0010 What definitions apply to the department's child welfare services complaint resolution process?

"Complaints office" or "constituent relations" means the office within the department responsible for handling complaints regarding child welfare services.

"Department" means the department of children, youth, and families.

"LD" means the licensing division, a division of DCYF responsible for licensing or certifying child care homes and facilities under the authority of chapter 74.15 RCW.

History

Statutory Authority: 2017 c 6. WSR 20-15-066, § 110-09-0010, filed 7/13/20, effective 8/13/20. WSR 18-14-078, recodified as § 110-09-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-010, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0020 How does the department resolve complaints?

The constituent relations staff assists clients, foster parents, and other affected individuals in resolving complaints and grievances regarding department policies and procedures, or the application of a policy or procedure related to the department's programs. Under RCW 74.13.045, the constituent relations staff may inquire into, determine fact, and facilitate the resolution of disputes and complaints.

History

Statutory Authority: 2017 c 6. WSR 20-15-066, § 110-09-0020, filed 7/13/20, effective 8/13/20. WSR 18-14-078, recodified as § 110-09-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-030, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0030 What is the process for resolving complaints?

(1) After making a reasonable effort to resolve a complaint with a caseworker or licensor, a client, foster parent, or community member may contact the constituent relations office to request assistance.

(2) The constituent relations staff will assist the complainant in reviewing the complaint with the assigned caseworker or licensor to arrive at a resolution.

(3) If the complaint cannot be resolved with the caseworker or licensor, the constituent relations staff will assist the complainant in reviewing it with the supervisor of the caseworker or licensor for resolution.

(4) If the complaint cannot be resolved with the supervisor, the constituent relations staff will assist the complainant in reviewing the complaint with the supervisor's area administrator for resolution.

(5) If the complaint cannot be resolved with the area administrator, the constituent relations staff will assist the complainant in reviewing it with the appropriate LD senior administrator.

(6) If the constituent relations staff determines at any time during the complaint resolution process that the department's actions were consistent with agency policy and procedures based on complete and correct information regarding the complainant's situation, the constituent relations staff will terminate the resolution process and close the complaint.

History

Statutory Authority: 2017 c 6. WSR 20-15-066, § 110-09-0030, filed 7/13/20, effective 8/13/20. WSR 18-14-078, recodified as § 110-09-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-035, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0050 Does the complaint resolution process apply to all complaints?

(1) The complaint resolution process does not apply to complaints for which the complainant has the right to seek resolution through judicial review or an adjudicative proceeding under Title 13, 26, or 74 RCW.

(2) The process also does not apply to contract rate setting, contested rate payments, exceptional cost rates, disputes or decisions regarding written personal service contracts, or financial agreements.

History

WSR 18-14-078, recodified as § 110-09-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-045, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0060 Is the complaint resolution process the only way to resolve a complaint?

Participation in the complaint resolution process does not affect the right of any person to seek other remedies.

History

WSR 18-14-078, recodified as § 110-09-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-050, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0070 What rights do complainants have under the complaint resolution process?

(1) Under RCW 74.13.045, the complaint resolution process does not create substantive or procedural rights for any person.

(2) Participation in the complaint resolution process does not entitle any person to an adjudicative proceeding under chapter 34.05 RCW or to superior court review.

History

WSR 18-14-078, recodified as § 110-09-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-055, filed 3/5/01, effective 4/5/01.

Wash. Admin. Code § 110-09-0080 Do constituent relations staff only handle complaints?

In addition to complaint resolution, CA constituent relations staff also provide information about children's administration programs, policies, and procedures and information about other complaint resolution resources, including the office of the family and children's ombudsman.

History

WSR 18-14-078, recodified as § 110-09-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.045. WSR 01-06-041, § 388-39A-060, filed 3/5/01, effective 4/5/01.

Chapter 110-15 Working connections and seasonal child care subsidy programs.

Wash. Admin. Code § 110-15-0001 Purpose and intent.

(1) This chapter establishes the minimum requirements for eligible families to receive subsidized child care benefits through the working connections child care (WCCC) and seasonal child care (SCC) programs. This chapter also establishes the minimum requirements for providers that request approval to receive subsidy payments for the care of children who are eligible for WCCC or SCC benefits. WCCC and SCC are administered by DSHS in accordance with applicable state and federal law and to the extent of available funds.

Effective July 1, 2019, DCYF will be administering the WCCC and SCC programs.

(2) The purpose of WCCC is to:

(a) Help eligible consumers pay for child care so the consumer can work, attend training, or enroll in educational programs; and

(b) Promote stability, quality, and continuity of care and education programming for children who participate in the WCCC program.

(3) The purpose of SCC is to:

(a) Help eligible consumers pay for licensed child care while they are seasonally employed in agriculturally related work; and

(b) Promote stability, quality, and continuity of care and education programming for children who participate in the SCC program.

(4) No provision of this section shall be interpreted contrary to RCW 43.216.295.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0001, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0001, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0001, filed 4/15/16, effective 5/16/16
WSR 15-01-033, § 170-290-0001, filed 12/8/14, effective 1/8/15. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0001, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0001, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0001, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0001, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0001, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0002 Scope of agency responsibilities.

DEL is designated as the lead agency for child care and development funds (CCDF) and oversees expenditure of CCDF funds.

(1) The responsibilities of the department of early learning (DEL) include, but are not limited to:

(a) Determining child care subsidy policy for the WCCC and SCC programs;

(b) Determining thresholds for eligibility and copayment amounts and establishing rights and responsibilities; and

(c) Serving as the designated representative for the state to implement the collective bargaining agreement under RCW 41.56.028 for in-home/relative providers as defined in WAC 170-290-0003(13), and for all licensed family homes.

(2) The responsibilities of the department of social and health services (DSHS) include, but are not limited to:

(a) Service delivery for the WCCC and SCC programs, including determining who is eligible for WCCC and SCC benefits; and

(b) Authorizing payments for these programs, and managing payments made to providers that receive WCCC and SCC subsidies.

(3) This allocation between DEL and DSHS is pursuant to section 501(2), chapter 265, Laws of 2006 (2SHB 2964), in which the legislature transferred all of the powers, duties, and functions relating to the WCCC program from DSHS to DEL, except for eligibility staffing and eligibility payment functions, which remain in DSHS.

History

WSR 18-14-078, recodified as § 110-15-0002, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0002, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-0002, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0002, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0003 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Able" means being physically and mentally capable of caring for a child in a responsible manner.

"Administrative error" means an error made by the department through no fault of the consumer or provider.

"Approved activity" means an activity that a consumer is required to participate in at application and reapplication to be eligible to collect benefits.

"Authorization" means the transaction created by the department which allows the provider to claim payment during a certification period. The transaction may be adjusted based on the family need.

"Available" means being free to provide care when not participating in an approved activity under WAC 110-15-0040, 110-15-0045, or 110-15-0050 during the time child care is needed.

"Benefit" means a regular payment made by a government agency on behalf of a person eligible to receive it.

"Calendar year" means those dates between and including January 1st and December 31st.

"Capacity" means the maximum number of children the licensee is authorized to have in care at any given time.

"Collective bargaining agreement" or "CBA" means the most recent agreement that has been negotiated and entered into between the exclusive bargaining representative for all licensed and license-exempt family child care providers as defined in chapter 41.56 RCW.

"Consumer" means the person eligible to receive:

(a) Working connections child care (WCCC) benefits as described in part II of this chapter; or

(b) SCC benefits as described in part III of this chapter.

"Copayment" means the amount of money the consumer is responsible to pay the child care provider each month toward the cost of child care, whether provided under a voucher or contract.

"Days" means calendar days unless otherwise specified.

"Department of children, youth, and families(DCYF)" or "department" means the Washington state department of children, youth, and families.

"DSHS" means the department of social and health services.

"Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation.

"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.

"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature, symbol, or process executed by a person with the intent to sign the record.

"Eligibility" means that a consumer has met all of the requirements of:

(a) Part II of this chapter to receive WCCC program subsidies; or

(b) Part III of this chapter to receive SCC program subsidies.

"Eligibility period" means the months for which households are eligible to receive WCCC or SCC program subsidies.

"Employment" or "work" means engaging in any legal, income generating activity that is taxable under the U.S. Tax Code or that would be taxable with or without a treaty between an Indian Nation and the U.S. This includes unsubsidized employment, as verified by the department, and subsidized employment, such as:

(a) Working in a federal or state paid work study program; or

(b) VISTA volunteers, AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed.

"Existing child care provider" means a licensed or certified provider who received a state subsidy payment between July 1, 2015, and June 30, 2016.

"Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefits to themselves or another person. See RCW 74.04.004.

"Full-time student" means a consumer who attends a community, technical, or tribal college and meets its definition of full-time student.

"Homeless" means homeless as defined by the McKinney-Vento Homeless Assistance Act of 1987 without a fixed, regular, and adequate nighttime residence.

"In-home/relative provider" or "family, friends, and neighbors (FFN) provider" means an individual who is exempt from child care licensing standards and is approved for WCCC payment under WAC 110-15-0125.

"In loco parentis" means the adult caring for an eligible child in the absence of the biological, adoptive, or step-parents, and who is not a relative, court-ordered guardian, or custodian, and is responsible for exercising day-to-day care and control of the child.

"Infant" means a child from birth to 11 months.

"Living in the household" means people who reside at the same physical address.

"Lump-sum payment" means a single payment that is not anticipated to continue.

"Newly eligible consumer" means a consumer that has at least one full calendar month break in benefit eligibility.

"Night shift" means employment for a minimum of six hours between the hours of 8 p.m. and 8 a.m.

"Nonschool age child" means a child who is six years of age or younger and is not enrolled in public or private school.

"Overpayment" means a payment or benefits received by a provider or consumer that exceeds the amount the provider or consumer is approved for or eligible to receive.

"Parental control" means a child is living with a biological or adoptive parent, stepparent, legal guardian verifiable by a legal or court document, adult sibling or step-sibling, nephew or niece, aunt, great-aunt, uncle, great-uncle, grandparent or great-grandparent, or an approved in loco parentis custodian responsible for exercising day-to-day care and control of the child.

"Preschool age child" means a child age 30 months through six years of age who is not attending kindergarten or elementary school.

"Private school" means a private school approved by the state under chapter 28A.195 RCW.

"Program violation" means a failure to adhere to program requirements, which results in an overpayment.

"Sanction" means deterrent action imposed by the department to address a program violation finding.

"School age child" means a child who is between five years of age through 12 years of age and who is attending public or private school or is receiving home-based instruction under chapter 28A.200 RCW.

"Seasonal child care program (SCC)" means the seasonal child care program, which is a child care subsidy program described in part III of this chapter that assists eligible families who are seasonally employed in agriculturally related work outside of the consumer's home to pay for licensed or certified child care.

"Seasonally available agricultural related work" means work that is directly related to the cultivation, production, harvesting, or processing of fruit trees or crops.

"Second tier eligibility" means an increased income limit for eligible families who reapply before the end of their current eligibility period.

"Self-employment" means engaging in a legal, income-generating activity earned directly from an individual's trade or business that is taxable under the U.S. Tax Code or that would be taxable with or without a treaty between an Indian Nation and the U.S.

"Sign" means placing a name or legal mark on a document by physically writing or using an electronic signature.

"Specialty court" means the same as defined in RCW 2.30.020.

"State median income (SMI)" means an annual income figure representing the point at which there are as many families earning more than that amount as there are earning less than that amount. The Census Bureau publishes median family income figures for each state each year, depending on family size.

"TANF" means temporary assistance for needy families, a cash assistance program administered by DSHS.

"Technical assistance" means a strategy that is focused on the resolution of a specific concern or need. This may be in writing or by phone call.

"Therapeutic court" means the same as defined in RCW 2.30.020.

"To the extent of available funds" means one or more of the following:

(a) Limited or closed enrollment;

(b) Subject to a priority list for new enrollees pursuant to applicable state and federal law and as described in WAC 110-15-2210; or

"Unintentional" means not done willfully or on purpose.

"Waiting list" means a list of applicants or reapplicants eligible to receive subsidy benefits when funding becomes available.

"Working connections child care (WCCC)" means the working connections child care program, a child care subsidy program described in part II of this chapter that assists eligible families to pay for child care.

History

Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0003, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 43.216.579. WSR 22-12-072, § 110-15-0003, filed 5/27/22, effective 7/1/22. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0003, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0003, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0003, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0003, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-013, § 170-290-0003, filed 5/26/17, effective 6/26/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0003, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0003, filed 4/15/16, effective 5/16/16
WSR 14-12-050, § 170-290-0003, filed 5/30/14, effective 6/30/14
WSR 12-11-025, § 170-290-0003, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-0003, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0003, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0005 Eligibility.

(1) Consumers at the time of application and reapplication must meet the following requirements to be eligible for WCCC:

(a) Have parental control of one or more eligible children;

(b) Live in Washington state;

(c) Participate in an approved activity or meet the eligibility special circumstances requirements under WAC 110-15-0020, 110-15-0023, or 110-15-0024;

(d) Not have assets that exceed $1,000,000;

(e) Have an agreed payment arrangement with any provider to whom any outstanding WCCC copayment is owed; and

(f) Have one of the following:

(i) Countable income at or below:

(A) Sixty percent of the SMI at initial application; or

(B) Sixty-five percent of the SMI at reapplication;

(ii) A household annual income adjusted for family size that does not exceed 75 percent of the SMI within the first 12 months of a state-registered apprenticeship program; or

(iii) Have a household annual income adjusted for family size that does not exceed 85 percent of the SMI and confirmed or verified in the department's electronic workforce registry to be employed by:

(A) A licensed or certified child care provider;

(B) An early childhood education and assistance program;

(D) A head start program;

(E) An early head start program; or

(F) A successor federal program.

(2) Parents currently attending high school or who are age 21 or younger and completing a high school equivalency certificate are eligible for WCCC if their income does not exceed 85 percent of the SMI at the time of application.

(3) Children must meet the following requirements to be eligible for WCCC:

(a) Reside in Washington state; and

(b) Be less than age:

(i) Thirteen on the first day of eligibility; or

(ii) Nineteen and:

(A) Have a verified special need, as outlined in WAC 110-15-0020; or

(B) Be under court supervision.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, 2024 c 225 s 1, and 2024 c 282 s 4. WSR 24-20-130, s 110-15-0005, filed 10/1/24, effective 11/1/24. Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0005, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0005, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0005, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0005, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-017, § 170-290-0005, filed 11/3/17, effective 12/4/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0005, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0005, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0005, filed 10/5/12, effective 11/5/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0005, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0005, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0005, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0005, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0005, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0012 Verifying consumers' information.

(1) DSHS may require the consumer to provide verification of child care subsidy eligibility if DSHS is unable to verify it through agency records or systems. The information and verification provided to DSHS from the consumer must:

(a) Clearly relate to the request made by DSHS;

(b) Be from a reliable source;

(d) If DSHS has reasonable cause to believe the information and verification the consumer provides is unreliable, inaccurate, incomplete, or inconsistent, DSHS may:

(i) Ask the consumer to provide additional verification that may include a statement from a person who lives outside of the consumer's residence who knows the consumer's circumstances;

(ii) Send an investigator from the DSHS office of fraud and accountability (OFA) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. Consumer's rights are found in WAC 110-15-0025; or

(iii) Deny the application, request for reduced copay, or request for additional child care.

(2) Gross income of consumers with more than ninety days of employment must be employer-verified. If the consumer has less than ninety days of employment, the consumer must provide verification from the employer within sixty days from the approval date.

(3) DSHS may only request verification for changes during the family's eligibility period that reduce a copayment or increase the authorized amount of care, if agency records or systems cannot provide verification.

(4) If DSHS is unable to verify household composition of a single-parent household through agency records, the single-parent consumer must provide the name and address of the child's other parent, or declare, under penalty of perjury:

(a) That the other parent's identity and address are unknown to the consumer; or

(b) That providing this information will likely result in serious physical or emotional harm to the single-parent consumer or another person residing with the single-parent consumer; and

(5) DSHS will pay for requested verification that requires payment; however, this does not include payment for a self-employed consumer's state business registration or license, which is a cost of doing business.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0012, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0012, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-017, § 170-290-0012, filed 11/3/17, effective 12/4/17. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-0012, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0012, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0012, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0012, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0012, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0012, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0012, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0012, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0015 Determining family size.

(1) The department determines a consumer's family size for:

(a) Single parents, including a minor parent living independently, by counting the consumer and the consumer's children;

(b) Unmarried parents who have:

(i) At least one mutual child, by counting both parents and all of their children living in the household;

(ii) No mutual children, by counting the unmarried parents and their respective children when living in the same household as separate WCCC households;

(d) The following individuals by counting only the children and only the children's income:

(i) Legal guardians verified by a legal or court document;

(ii) Adult siblings, step-siblings, nephews, nieces, aunts, uncles, grandparents, any of these relatives with the prefix "great," such as a "great-nephew"; or

(iii) In loco parentis custodians who are not related to the child as defined in WAC 110-15-0003;

(e) Parents who are out of the household because of employer requirements, such as training or military service, and expected to return to the household, by counting the consumer, the absent parent, and the children;

(f) Parents who are voluntarily out of the household for reasons other than requirements of the employer, such as unapproved schooling and visiting family members, and is expected to return to the household, by counting the consumer, the absent parent, and the children;

(g) Parents who are out of the country and waiting for legal reentry into the United States, by counting only the consumer and children residing in the United States;

(h) Incarcerated parents who are not part of the household by counting them when determining income and eligibility; and

(i) Incarcerated parents residing at a Washington state correctional facility whose children live with them at the facility, by counting them and their child as their own household.

(2) When households consist of the consumer's own children and other children identified in subsection (1)(d) of this section, the household may be:

(a) Combined into one household; or

(b) Kept as distinct households for the benefit of the consumer.

History

Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0015, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0015, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0015, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-017, § 170-290-0015, filed 11/3/17, effective 12/4/17. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0015, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0015, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0015, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0015, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0015, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0015, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0020 Eligibility—Special circumstances.

(1) A legal guardian or individual acting in loco parentis may be eligible for WCCC benefits based on participation in approved activities without consideration of the legal guardian's or individual's acting in loco parentis spouse or live-in partner's availability to provide care if the spouse or live-in partner is not named on the permanent custody order.

(a) Eligibility will be determined under this subsection based on the following:

(i) The consumer's work or approved activities schedule;

(ii) The child's need for care;

(iii) The child's income; and

(iv) Family size based on the number of children under guardianship and needing care.

(b) The consumer's spouse or live-in partner is not eligible to receive subsidized child care payments as a child care provider for the child.

(2) At application and reapplication:

(a) A consumer may be eligible for WCCC benefits if the consumer is a parent in a two-parent family and one parent is not able or available as defined in WAC 110-15-0003 to provide care for the children while the other parent is working or participating in approved activities.

(b) If a consumer claims one parent is not able to care for the children due to a medical condition, the consumer must provide written documentation from an acceptable medical source, as defined in WAC 388-449-0010, that states the:

(i) Reason the parent is not able to care for the children;

(ii) Expected duration and severity of the condition that keeps the parent from caring for the children; and

(iii) Treatment plan if the parent is expected to improve enough to be able to care for the children. The parent must provide evidence from a medical professional showing he or she is cooperating with treatment and is still not able to care for the children.

(3) A consumer may be eligible for WCCC if the consumer is participating in an approved activity needed to remove a sanction penalty or to reopen the consumer's WorkFirst case.

(4) A consumer whose application for TANF has not yet been approved, may be authorized for WCCC benefits for fourteen days pending establishment of an individual responsibility plan (IRP) with an approved activity. The fourteen days counts as part of the twelve-month eligibility period.

(5) A consumer who has an established IRP under WAC 110-15-0040 may be approved for WCCC benefits fourteen days before the start date of the activity. The fourteen days counts as part of the twelve-month eligibility period.

(6) A consumer who is waiting to enter into an approved activity under WAC 110-15-0045 may be approved for WCCC benefits fourteen days before the start date of the activity. The fourteen days counts as part of the twelve-month eligibility period.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0020, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-0020, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0020, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0020, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0020, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0020, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. WSR 06-10-035, § 388-290-0020, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. WSR 05-22-078, § 388-290-0020, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0020, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0020, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0020, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0021 Eligibility—Exclusions.

At application and reapplication:

(1) A consumer is not eligible for WCCC benefits for any child who receives care from a licensed family home child care in which the consumer works.

(2) A consumer is not eligible for WCCC benefits for a child who receives care from a child care center in a classroom in which the consumer provides direct care.

(3) A consumer is not eligible for WCCC benefits when the consumer is the only parent in the family and will be away from the home for more than thirty consecutive days.

(4) A consumer who is also an in-home/relative child care provider is not eligible to receive WCCC benefits for the consumer's own children for the same hours the consumer receives WCCC payments to care for other children.

(5) A consumer who is also a child care provider and receives TANF benefits on behalf of a child is not eligible to receive WCCC payments for the same child.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0021, filed 3/26/19, effective 4/26/19.

Wash. Admin. Code § 110-15-0023 Homeless grace period (HGP).

(1) A homeless grace period (HGP) is established as described in this section.

(2) A family experiencing homelessness at the time the consumer applies for child care subsidy is eligible for HGP under this section when:

(a) They meet all eligibility requirements described in WAC 110-15-0005, except for WAC 110-15-0005 (1)(d) and (f); and

(b) Their household income is under 85 percent of the state median income (SMI).

(3) Consumers approved by DCYF for HGP are eligible to receive:

(a) A 12-month certification period;

(b) A copayment waiver; and

(4) Consumers approved under HGP are not subject to overpayment unless the consumer obtained benefits by failing to report accurate information that resulted in an error in determining the consumer's eligibility for HGP.

History

Statutory Authority: Chapters 43.215 and 43.216 RCW. WSR 23-23-082, § 110-15-0023, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-15-161, § 110-15-0023, filed 7/22/20, effective 8/22/20. WSR 18-14-078, recodified as § 110-15-0023, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-013, § 170-290-0023, filed 5/26/17, effective 6/26/17.

Wash. Admin. Code § 110-15-0024 Categorical eligibility.

(1) Families with children are eligible for WCCC benefits for a 12-month period if the consumer is a Washington state resident and their children are living with a biological parent or guardian and:

(a) In the six months prior to application or reapplication for WCCC benefits, the family received:

(i) Child protective services (CPS) as defined and used by chapters 26.44 and 74.13 RCW; or

(ii) Child welfare services as defined and used by chapter 74.13 RCW; or

(iii) Services through a family assessment response, as defined and used by chapter 26.44 RCW; and

(iv) The family has been referred for child care as part of the family's case management as defined by RCW 74.13.020; or

(b) The children's parent or guardian:

(i) Is participating in or is listed as a victim in a case in a specialty or therapeutic court as defined by RCW 2.30.020; and

(ii) Was referred for child care as part of the specialty court or therapeutic court proceedings.

(2) Families eligible for WCCC under this section will:

(a) Have no copayment;

(b) Be authorized for full-time child care regardless of participation in an approved activity; and

History

Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0024, filed 8/15/24, effective 9/15/24. Statutory Authority: Chapters 43.215 and 43.216 RCW. WSR 23-23-082, § 110-15-0024, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0024, filed 5/31/19, effective 7/1/19.

Wash. Admin. Code § 110-15-0025 Consumers' rights.

When consumers apply for or receive WCCC benefits, they have the right to:

(1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

(2) Have WCCC eligibility determined within 30 days from the application date per WAC 110-15-0095;

(3) Be informed, in writing, of their legal rights and responsibilities related to WCCC benefits;

(4) Receive a written notice at least 10 days before DCYF makes changes to lower or stop benefits except as stated in WAC 110-15-0115;

(5) Ask for an administrative hearing under WAC 110-15-0280 if they disagree with DCYF about a decision;

(6) Ask a supervisor or administrator to review a decision or action affecting their benefits without affecting their right to an administrative hearing;

(7) Have an interpreter or translator service provided by DCYF within a reasonable amount of time and at no cost to them;

(8) Choose a provider as long as the provider meets the requirements in WAC 110-15-0125;

(9) Ask the fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA) to come back at another time. Consumers do not have to let an investigator into their homes. These requests will not affect their eligibility for benefits. Consumers' refusal to provide information to an OFA investigators request could affect their eligibility for benefits;

(10) Access their children at all times while the children are in child care;

(11) Terminate child care without cause and without notice to providers. Notice must be given to DCYF within five days of termination;

(12) Not be charged by the consumer's licensed, certified, or license-exempt provider, or be made to pay for the difference between the provider's private rate and the state maximum rate, when the provider's private rate for child care is higher than the maximum state rate;

(13) Not be charged by their licensed or certified providers, or otherwise be made to pay for:

(a) The difference between providers' registration fees and the state's maximum registration fee, when the providers' registration fees are higher;

(b) Any day when their children are absent;

(d) A higher amount than the state allows for field trips. If the consumers request, and providers have a written policy in place, consumers may voluntarily pay the difference between the amount that the state allows and the actual cost of the field trip;

(e) A preschool tuition fee in addition to regular child care services; or

(f) Child care services after the final day of care, when their providers stop caring for their children.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0025, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-0025, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0025, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0025, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0025, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0025, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0025, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0025, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0025, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0030 Consumers' responsibilities.

When a person applies for or receives WCCC benefits, as a condition of receiving those benefits, the applicant or consumer must:

(1) Give DSHS correct and current information so DSHS can determine eligibility and authorize child care payments correctly;

(2) Choose a provider who meets the requirements of WAC 110-15-0125;

(3) Pay the copayment directly to the child care provider or arrange for a third party to pay the copayment directly to the provider;

(4) If the consumer or a third-party acting on behalf of the consumer fails to make a copayment when due, the consumer must do one or more of the following:

(a) Pay the child care provider the past due copayments;

(b) Provide DSHS with a signed copy of a payment agreement between the consumer and child care provider that includes, but is not limited to, the following information:

(i) A description of the agreed payment plan;

(ii) If applicable, a description of any collection agency action that may be taken by the provider if the consumer fails to comply with the agreed payment plan;

(iii) If applicable, a description of in-kind services in lieu of paying the copayment; and

(iv) If applicable, payment forgiveness from the provider.

(c) Provide DSHS proof that the consumer attempted to make a copayment to the provider, but the licensed provider is no longer in business or the license-exempt in-home/relative provider no longer provides child care. "Proof" includes, but is not limited to, a return receipt associated with a payment that was mailed to the provider that indicates the mailed payment was signed for but not picked up, or a returned, previously mailed payment that was not signed for or accepted.

(5) Pay the provider for child care services when the consumer requests additional child care beyond the current authorization;

(6) Pay the provider for optional child care programs that the consumer requests. The provider must have a written policy in place charging all families for these optional child care programs;

(7) Pay the provider the same late fees that are charged to other families, if the consumer makes a late copayment or picks up the child late;

(8) Cooperate (provide the information requested) with the child care subsidy audit process. If the consumer does not provide the information requested:

(a) A consumer becomes ineligible for WCCC benefits upon a determination of noncooperation;

(b) The consumer remains ineligible until he or she meets child care subsidy audit requirements;

(c) The consumer may become eligible again when he or she meets WCCC requirements in part II of this chapter and cooperates;

(d) Care can begin on or after the date the consumer cooperated and meets WCCC requirements in part II of this chapter.

(9) Provide the information requested by the fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA). If the consumer refuses to provide the information requested within fourteen days, it may affect the consumer's benefits;

(10) Document the child's attendance in child care, or have a person authorized by the consumer to document the child's attendance, by:

(a) Signing the child in on arrival and out at departure, using a full signature and writing the time of arrival and departure, if the provider uses a paper attendance record; or

(b) Electronically recording the child's attendance as instructed, if an electronic system is used by the provider.

(11) Ensure that the consumer's children who receive child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:

(a) A department of health (DOH) medical exemption form signed by a health care professional; or

(b) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization.

(12) Ensure that care is provided in the correct home as required by WAC 110-16-0015(3) if the consumer uses an in-home/relative provider, and monitor the in-home/relative provider's quality of care to ensure that the child's environmental, physical, nutritional, emotional, cognitive, safety, and social needs are being met;

(13) Provide the in-home/relative provider with the names, addresses, and telephone numbers of persons who are authorized to pick up the child from care; and

(14) Provide other information and resources as necessary for the consumer's in-home/relative provider to be in compliance with the requirements of chapter 110-16 WAC including, but not limited to, WAC 110-16-0030 and 110-16-0035.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0030, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-09-017, § 170-290-0030, filed 4/7/17, effective 5/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0030, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0030, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0030, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0030, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0030, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. WSR 05-22-078, § 388-290-0030, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0030, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0030, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0031 Notification of changes.

(1) Consumers applying for or receiving WCCC benefits must:

(a) Notify DCYF within five days of:

(i) Starting care with a provider; or

(ii) Any change in providers, including changes in providers' locations.

(b) Notify DCYF within 10 days of:

(i) Changes of the address or telephone number of the consumer's in-home/relative provider;

(ii) Changes of the consumer's home address or telephone number;

(iii) Changes that increase the number of hours of authorized care; or

(iv) When the consumer's countable income increases and exceeds 85 percent of SMI.

(i) The date of the change when the consumer reports timely and provides required verification within the requested time frame;

(ii) The date the change is reported when the consumer does not report timely and provides required verification within the requested time frame; or

(iii) The date the verification is received when it is not returned within the requested time frame.

(d) When required changes are timely reported, an overpayment will not be established.

(e) When required changes are not timely reported, an overpayment may be established as provided in WAC 110-15-0271.

(2) When a consumer reports a change that will decrease their copayment, the date of change for the copayment is described in WAC 110-15-0085.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0031, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0031, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0031, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0031, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0031, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0031, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0031, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. WSR 11-01-090, § 170-290-0031, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0031, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0031, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0031, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0034 Providers' responsibilities.

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

(1) 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, 110-300D, 110-300E, and 110-301 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. If requested by DCYF or the state auditor, the provider must provide to the requesting agency the following records:

(a) Attendance records must be provided to DCYF within 45 calendar days of the date of a written request from either department; and

(b) Attendance records must be provided to the state auditor's office within 30 calendar days from the date of a written request.

(6) Pursuant to WAC 110-15-0268, the attendance records delivered to DCYF 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.

(7) All child care providers must maintain and provide receipts for billed field trip/quality enhancement fees as follows. If requested by DCYF, the provider must provide the following receipts for billed field trip/quality enhancement fees:

(a) Receipts from the previous 12 months must be available immediately for review upon request by DCYF;

(b) Receipts from one to five years old must be provided within 28 days of the date of a written request from either department.

(8) All child care providers must:

(a) Retain all records required by this chapter for a minimum of five years;

(b) Provide to the department records from the previous 12 months immediately upon the department's written request; and

(c) Provide to the department any records between 12 months and five years old within two weeks of the department's written request.

(9) All child care providers must collect copayments directly from the consumer or the consumer's third-party payor, and report to DCYF if the consumer has not paid a copayment to the provider within the previous 60 days.

(10) All child care providers must follow the billing procedures required by DCYF.

(11) 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; however, in the event a 10-day notice terminating a provider's authorization extends into the following month, the provider may claim a payment for any remaining days of the 10 calendar day notice in that following month; or

(b) Claim an invoice for payment later than three months after the month of service, or the date of the invoice, whichever is later.

(12) Licensed and certified providers must not charge 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;

(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.

(13) 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 10 days of any suspension, revocation, or changes to their license.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0034, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-0034, filed 5/31/19, effective 7/1/19. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-15-0034, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-15-0034, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-035, § 170-290-0034, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0034, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0034, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0034, filed 5/8/12, effective 6/8/12.

Wash. Admin. Code § 110-15-0035 DSHS's responsibilities to consumers.

DSHS is responsible to:

(1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

(2) Determine a consumer's eligibility within thirty days from the date the consumer applied (application date as described in WAC 110-15-0095). Under WAC 110-15-0012, a determination made within thirty days of application using self-attestation of new employment wages is compliant with this subsection even if third-party verification is provided more than thirty days after the date of application;

(3) Allow a consumer to choose his or her provider as long as the provider meets the requirements in WAC 110-15-0125;

(4) Authorize payments only to child care providers who allow a consumer to access his or her children whenever they are in care;

(5) Authorize payment when no adult in a consumer's family (under WAC 110-15-0015) is able or available (under WAC 110-15-0003) to care for the consumer's children at application and reapplication;

(6) Inform a consumer of:

(a) His or her rights and responsibilities under the WCCC program at the time of application and reapplication;

(b) The types of child care providers DSHS can pay;

(d) Any change in a consumer's copayment during the authorization period except under WAC 110-15-0120(5).

(7) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:

(a) WCCC eligibility;

(b) Copayment; or

(8) Provide prompt child care payments to a consumer's child care provider;

(9) Provide an interpreter or translator service within a reasonable amount of time and at no cost to the consumer;

(10) Provide consumers with at least ten days written notice for changes to WCCC eligibility, provider payments, or when DSHS requires a change in child care arrangements.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0035, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0035, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-0035, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0035, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0035, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0035, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0035, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. WSR 05-22-078, § 388-290-0035, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0035, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0035, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0035, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0036 Billing requirements.

(1) Licensed providers may claim child care subsidy or fee payments as described in this subsection.

(a) Authorized units of care.

(i) A half-day unit of care is equal to less than five hours of care per day that is authorized and provided by a child care center.

(ii) A full-day unit of care is between five and 10 hours of care per day that is authorized and provided by a child care center.

(iii) A monthly unit of care authorized and provided by a family home child care.

(b) For children who need overtime care for more than 10 hours of care per day, DCYF will pay for any additional care at the maximum state child care subsidy rate, up to 16 hours if:

(i) The child was in care during any day covered by the child care authorization; or

(ii) The child was scheduled for at least one day of overtime care; and

(iii) The center has a written policy to charge private paying families a higher rate to care for children more than 10 hours in a day.

(c) Providers may claim absent days for the 10-day period after DCYF notifies them of unplanned terminations of eligibility regardless of attendance if the child was authorized and scheduled for care and attended at least one day within the authorization period in the month the absence occurs.

(d) DCYF will pay for the following holidays, if claimed on the actual holiday or within the calendar year the holiday occurs:

(i) New Year's Day, January 1;

(ii) Martin Luther King Jr. Day, third Monday in January;

(iii) Presidents Day, third Monday in February;

(iv) Memorial Day, last Monday in May;

(v) Juneteenth, June 19;

(vi) Independence Day, July 4;

(vii) Labor Day, first Monday in September;

(viii) Veterans Day, November 11;

(ix) Thanksgiving Thursday, the fourth Thursday in November;

(x) Native American Heritage Day, the fourth Friday in November; and

(xi) Christmas Day, December 25.

(e) Providers may claim payments for a maximum of five professional training days each year.

(f) Pursuant to WAC 110-15-0247 and subject to available funding, DCYF will pay up to $30.00 per child for a field trip or quality enhancement fee. In addition to the requirements described in WAC 110-15-0247, to be eligible to receive the field trip or quality enhancement fees, providers must maintain a written policy that allows the provider to charge private-paying families the fees described in this subsection.

(g) Providers may claim payment for a maximum $50 registration fee per year as described in WAC 110-15-0245. In addition to the requirements described in WAC 110-15-0245, to be eligible to receive the registration fee, providers must maintain a written policy that allows them to charge private-paying families the fee described in this subsection.

(h) Providers may claim payment for a special needs rate that is paid in addition to the state child care daily rate and is invoiced for the number of hours of care scheduled.

(2) Providers may not claim subsidy payments for days the provider is closed for reasons unrelated to professional training days or holidays as described in this section.

(3) Providers may charge families who receive subsidy payments for services not covered under the WCCC program. Providers are authorized to charge families for services not covered under the WCCC program only they maintain written policies that allow them to charge private-paying families for the same services. Services covered under this subsection include the following:

(a) Additional child care for personal reasons, such as personal appointments not covered under the authorization.

(b) Optional programs not covered by the field trip or quality enhancement fee.

(d) Optional meal programs offered to families who do not provide lunch for their child.

(e) Transportation to and from school or activities.

(f) Late pick-up of the child after operating hours.

(g) Late fee for child care copayment.

(h) Nonsufficient funds (NSF) fees charged by the bank when bank funds are not available.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0036, filed 2/3/22, effective 3/6/22.

Wash. Admin. Code § 110-15-0040 Approved activities for applicants and consumers participating in WorkFirst.

(1) Applicants and consumers who participate in WorkFirst activities may be eligible for WCCC benefits for the following approved activities in their individual responsibility plans (IRPs), for up to a maximum of sixteen hours per day, including:

(a) An approved WorkFirst activity under WAC 388-310-0200, with the following exception: In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care. These consumers may be eligible for other approved activities in their IRPs;

(b) Employment as defined in WAC 110-15-0003;

(d) Travel time between the child care location and the consumer's place of employment or approved activity;

(e) Up to ten hours per week of study time for approved classes;

(f) Up to eight hours of sleep time before or after a night shift; and

(g) Any activity approved by tribal TANF.

(2) WorkFirst consumers participating in approved activities for at least one hundred ten hours per month as described in WAC 110-15-0190 are considered to have a schedule of Monday through Friday, 8:00 a.m. to 5:00 p.m., except when:

(a) The consumer's IRP specifies a different schedule; or

(b) Verified differently by the consumer.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-09-030, § 110-15-0040, filed 4/12/21, effective 5/13/21. WSR 18-14-078, recodified as § 110-15-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0040, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0040, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0040, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0040, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0040, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0040, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0040, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0040, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0045 Approved activities for applicants and consumers not participating in WorkFirst.

Applicants and consumers:

(1) Not participating in WorkFirst activities may be eligible for WCCC benefits for the following approved activities:

(a) Employment;

(b) Self-employment;

(d) Have a child enrolled in:

(i) A birth to three early childhood education and assistance program; or

(ii) An early head start program; or

(e) The following education programs:

(i) High school or working towards a high school equivalency certificate for consumers under age 22;

(ii) Part-time enrollment in a:

(A) Vocational education;

(B) Adult basic education (ABE);

(D) English as a second language (ESL) program combined with an average of:

(I) Twenty or more employment hours per week;

(II) Sixteen or more work-study hours per week; or

(iii) For full-time students of a community, technical, or tribal college, enrollment in:

(A) A vocational education program that leads to a degree or certificate in a specific occupation;

(B) An associate degree program; or

(2) Who meet the requirements of subsection (1)(d) of this section are eligible to receive subsidy payment for up to 10 hours per week of study time for approved classes.

(3) Who are eligible for WCCC benefits under the terms of this section are eligible to receive subsidy payment for:

(a) Transportation time between the child care location and the consumer's place of employment or approved activity; and

(b) Up to eight hours of sleep time before or after a night shift.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, 2024 c 225 s 1, and 2024 c 282 s 4. WSR 24-20-130, s 110-15-0045, filed 10/1/24, effective 11/1/24. Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0045, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0045, filed 2/3/22, effective 3/6/22
WSR 21-09-030, § 110-15-0045, filed 4/12/21, effective 5/13/21. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0045, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0045, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0045, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0045, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0045, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0045, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0045, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0045, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. WSR 06-12-094, § 388-290-0045, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0045, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0050 Additional requirements for self-employed WCCC consumers.

Eligible self-employed WCCC consumers may be eligible, pursuant to WAC 110-15-0190, for up to 16 hours per day of child care for approved self-employment, education, training, and travel hours.

(1) To be considered self-employed, WCCC consumers must:

(a) Earn income directly from the consumers' own trades or businesses, and not from wages paid by employers;

(b) Be responsible to pay the consumers' own self-employment Social Security, applicable state business and occupation taxes, and federal withholding taxes; and

(2) Income received from corporations:

(a) Consumers who only receive income from their ownership or part ownership in a corporation are not considered self-employed. DCYF counts income or payment received from their corporation as unearned income.

(b) DCYF authorizes child care hours based on wages or self-employment income reported on tax documents.

(3) Authorized child care for children of consumers operating home-based businesses must not occur in the consumers' homes.

(4) Consumers receiving TANF who are also self-employed may be eligible for WCCC benefits if:

(a) They have approved self-employment plans in the consumers' individual responsibility plans as outlined in chapter 388-310 WAC;

(b) The number of activity hours of child care benefits consumers receive for self-employment is equal to the number of hours in the consumers' approved plans; and

(5) Self-employed consumers not receiving TANF.

(a) Consumers who do not receive TANF cash assistance and request WCCC benefits for self-employment must provide DCYF with:

(i) Statements of the days, hours, and locations of the consumers' work activity;

(ii) For new businesses that are not required to report taxable income, the projected profit and loss statements or statements of anticipated income after expenses;

(iii) For established businesses, state or federal self-employment tax returns or state tax transcripts and forms, including all schedules, for the most current reporting year; and

(iv) Projected profit and loss statements with supporting verifications if self-employment income is expected to be lower than recorded on provided federal or state tax documents.

(b) Consumers with new businesses that do not have federal or state tax documents may be required to provide verification of Washington state tribal, county, or city business or occupation licenses.

(6) Determining approved activity hours for new businesses.

(a) DCYF considers "new businesses" to be businesses that have not had a required federal tax filing.

(b) At application and reapplication, DCYF determines the number of activity hours consumers are eligible to receive based on schedules the consumers provide.

(7) Determining approved activity hours for existing businesses.

(a) DCYF considers "existing businesses" to be businesses that have been established long enough to file a quarterly state tax return or annual federal tax return, whichever occurs first.

(b) At application and reapplication, DCYF determines the number of activity hours consumers are eligible to receive by:

(i) Dividing consumers' net monthly self-employment incomes by the federal or state minimum wage, whichever is lower, to determine the average monthly hours approved for self-employment activity; and

(ii) Adding any additional approved employment, education, training, or travel hours to the total approved self-employment activity hours.

(8) Self-employment income calculation:

(a) For existing businesses, DCYF:

(i) Counts the net income reported on the federal tax return; or

(ii) Uses the state tax return and may:

(A) Subtract the documented business expenses from the reported gross income; or

(B) Subtracts a $100 deduction per month from consumers' gross monthly self-employment income.

(b) For existing businesses that have income reductions not reflected on their provided federal or state tax filings, DCYF subtracts the documented business expenses from the reported gross income on the projected profit and loss statements to estimate the monthly income after expenses.

(c) For new businesses, DCYF uses the consumers' projected hours dedicated to their self-employment activity multiplied by federal minimum wage or projected profit and loss statements to estimate their monthly incomes.

(d) DCYF may ask for additional information to verify income or expenses.

(9) Both parents or guardians in two-parent or guardian families must separately meet the eligibility requirements for child care.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0050, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0050, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-017, § 170-290-0050, filed 11/3/17, effective 12/4/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0050, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0050, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0050, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0050, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0050, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0050, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0050, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0050, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0060 Countable income.

DSHS counts income as money an applicant or consumer earns or receives him or herself, or on behalf of the child from:

(1) A TANF grant, except when the grant is for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

(2) Child support received;

(3) Supplemental security income (SSI);

(4) Social Security income;

(5) Refugee assistance payments;

(6) Payments from the Veterans' Administration, disability payments, or payments from labor and industries (L&I);

(7) Unemployment compensation, except as required under RCW 43.216.137;

(8) Other types of income not listed in WAC 110-15-0070;

(9) Taxable income from VISTA, AmeriCorps, and Washington Service Corps programs;

(10) Taxable gross wages from employment or self-employment;

(11) Corporate compensation received by or on behalf of the consumer, such as rent, living expenses, or transportation expenses;

(12) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings; and

(13) Income for the sale of property as follows:

(a) If a consumer sold the property before application, DSHS considers the proceeds an asset and does not count as income;

(b) If a consumer sold the property in the month the consumer applies or during the consumer's eligibility period, DSHS counts it as a lump sum payment as described in WAC 110-15-0065(2);

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0060, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0060, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0060, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0060, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0060, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0060, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0060, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0060, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0060, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0065 Calculation of income.

The department uses a consumer's countable income when determining income eligibility and copayment. A consumer's countable income is the sum of all their income listed in WAC 110-15-0060 minus any child support paid out through a court order, division of child support administrative order, or tribal government order.

(1) To determine a consumer's income, the department must either:

(a) Calculates an average monthly income by:

(i) Determining the number of months, weeks, or pay periods it took the consumer's WCCC household to earn the income and dividing the income by the same number of months, weeks or pay periods; or

(ii) Accepting the employer's statement of current or anticipated wages for future income determination if the past wages are no longer reflective of the current income; or

(b) Use the best available estimate of the consumer's WCCC household's current income when the consumer begins new employment and has less than three months of wages as:

(i) Verified by the consumer's employer; or

(ii) Provided by the consumer through a verbal or written statement documenting the new employment at the time of application, reapplication or change reporting, and wage verification within 60 calendar days of the department's request.

(2) If a consumer receives a lump sum payment, such as money from the sale of property or back child support payment, in the month of application or during the consumer's WCCC eligibility:

(a) The department must:

(i) Calculate a monthly amount by dividing the lump sum payment by 12; and

(ii) Add the monthly amount to the consumer's expected average monthly income for the:

(A) Month it was received; and

(B) Remaining months of the current eligibility period; and

(b) To remain eligible for WCCC the consumer must meet WCCC income guidelines after the lump sum payment is applied.

(3) Active recipients of the supplemental nutrition assistance program are income eligible.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, 2024 c 225 s 1, and 2024 c 282 s 4. WSR 24-20-130, s 110-15-0065, filed 10/1/24, effective 11/1/24. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0065, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0065, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-017, § 170-290-0065, filed 11/3/17, effective 12/4/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0065, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0065, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0065, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0065, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0065, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0070 Excluded income and deductions.

(1) DSHS does not count the following income types when determining a consumer's income eligibility and copayment:

(a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

(b) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

(d) Reimbursements, such as an income tax refund;

(e) Diversion cash assistance;

(f) Military housing and food allowance;

(g) The TANF grant for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

(h) Payments to the consumer from the consumer's employer for benefits such as medical plans;

(i) Earned income of a WCCC family member defined under WAC 170-290-0015(2);

(j) Income of consumers described in WAC 170-290-0005 (1)(c)(iii) through (x);

(k) Earned income from a minor child who DSHS counts as part of the consumer's WCCC household; and

(l) Benefits received by children of Vietnam War veterans who are diagnosed with any forms or manifestations of spina bifida except spina bifida occulta.

(2) DSHS deducts the amount a consumer pays for child support under court order, division of child support administrative order, or tribal government order, from the consumer's other countable income when determining eligibility and copayment for the WCCC voucher or contract programs.

History

WSR 18-14-078, recodified as § 110-15-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0070, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0070, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0070, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0070, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0070, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0070, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0070, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0075 Determining income eligibility and copayment amounts.

(1) The department determines consumers' eligibility and copayments, when care is provided under a WCCC voucher or contract, by:

(a) Family size as described in WAC 110-15-0015; and

(b) Countable income as described in WAC 110-15-0065.

(2) The department calculates consumers' copayments as follows:

| If the household's income is: | Then the household's maximum monthly copayment is: | | --- | --- | | At or below 20 percent of the SMI | Waived | | Above 20 percent and at or below 36 percent of the SMI | $65 | | Above 36 percent and at or below 50 percent of the SMI | $90 | | Above 50 percent and at or below 60 percent of the SMI | $165 | | At reapplication, above 60 percent and at or below 65 percent of the SMI | $215 | | An applicant between 60 percent and 75 percent of the SMI for families participating in a state-registered apprenticeship | $215 |

(3) Active recipients of the supplemental nutrition assistance program are income eligible and the copayment will be determined using the income standards in subsection (2) of this section.

(4) The department does not prorate copayments when consumers use care for only part of a month.

(5) The department waives copayments for eligible consumers who meet one or more of the following:

(a) Age 21 years or younger who attend high school or are working towards completing a high school equivalency certificate;

(b) Employed by, as confirmed or verified in the department's electronic workforce registry:

(i) A licensed or certified child care provider;

(ii) An early childhood education and assistance program;

(iii) A birth to three early childhood education and assistance program;

(iv) A head start program;

(v) An early head start program; or

(vi) A successor federal program;

(i) WAC 110-15-0023; or

(ii) WAC 110-15-0024.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, 2024 c 225 s 1, and 2024 c 282 s 4. WSR 24-20-130, s 110-15-0075, filed 10/1/24, effective 11/1/24. Statutory Authority: 2023 c 222, 2023 c 294, and chapter 43.216 RCW. WSR 24-17-059, § 110-15-0075, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 23-12-038, § 110-15-0075, filed 5/30/23, effective 7/1/23
WSR 22-05-007, § 110-15-0075, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.215.060, 43.215.070 and chapter 43.215 RCW. WSR 21-01-180, § 110-15-0075, filed 12/21/20, effective 1/21/21. WSR 18-14-078, recodified as § 110-15-0075, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0075, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0075, filed 10/5/12, effective 11/5/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0075, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0075, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0075, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0075, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-14-067, § 388-290-0075, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0075, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0082 Eligibility period.

(1) A consumer who meets all of the requirements of part II of this chapter is eligible to receive WCCC subsidies for twelve months. The twelve-month eligibility period in this subsection applies only if enrollments in the WCCC program are capped as provided in WAC 170-290-0001(1).

(2) Regardless of the length of eligibility, consumers are still required to report changes of circumstances to DSHS as provided in WAC 170-290-0031.

(3) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.

(4) The twelve-month eligibility period begins:

(a) When the benefits begin under WAC 170-290-0095; or

(b) Upon reapplication under WAC 170-290-0109.

(5) A consumer's eligibility may be for less than twelve months if:

(a) Requested by the consumer; or

(b) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.

History

WSR 18-14-078, recodified as § 110-15-0082, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-0082, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0082, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0082, filed 10/5/12, effective 11/5/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0082, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2010 c 273, chapter 43.215 RCW, and 2006 c 265. WSR 10-15-063 and 10-16-128, § 170-290-0082, filed 7/15/10 and 8/3/10, effective 9/1/10. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0082, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0082, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0082, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0085 Change in copayment.

(1) Consumers' copayments may change when:

(a) Their monthly income decreases;

(b) Their family size increases and causes the copayment to decrease;

(d) They did not report all income, activity and household information at the time of application, reapplication, or when reporting a change in circumstances;

(e) They are no longer eligible for the minimum copayment;

(f) DCYF makes a system-level change in benefits due to a change in law or program funding; or

(g) They are approved for a new eligibility period.

(2) Copayment changes are effective on the first day of the month after a change is reported and required verification is timely received.

(3) Copayment changes are effective on the first day of the month following the month the verification is received when the required verification is not timely received.

(4) A consumer's copayment will not be increased during a current eligibility period.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0085, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0085, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0085, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0085, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0085, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0085, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0085, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0085, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0085, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0085, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-14-067, § 388-290-0085, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0085, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0095 When WCCC benefits start.

(1) WCCC benefits for eligible consumers begin when the following conditions are met:

(a) They have completed the required WCCC application and verification process within 30 days of the date DCYF received their application for WCCC benefits; and

(b) For newly eligible consumers, when their children are authorized to receive child care with eligible providers.

(2) Initial authorization eligibility periods are for 12 months.

(3) Consumers who fail to complete the initial application within 30 days from the application date must restart the application process.

(4) Newly eligible consumers who do not begin child care during their 12-month authorization periods must restart the application process.

(5) Consumers' application dates are the earlier of:

(a) The date their application is entered into DCYF's automated system; or

(b) The date their application is date stamped as received.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0095, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0095, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0095, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0095, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0095, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0095, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0095, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0095, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0095, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0095, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0095, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0106 When provider payments start.

The provider is eligible to receive payment when both of the following are met:

(1) The consumer has chosen the eligible provider (under WAC 110-15-0125) and the provider is caring for the children during an eligibility period; and

(2) DSHS notifies the provider that the consumer is eligible.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0106, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0106, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0106, filed 4/15/16, effective 5/16/16.

Wash. Admin. Code § 110-15-0107 Denial of benefits—Date of redetermining eligibility.

(1) DSHS sends a denial letter when the consumer has applied for child care and the consumer:

(a) Withdraws the request;

(b) Is not eligible due to the consumer's:

(i) Family composition;

(ii) Income;

(iii) Outstanding unpaid copayment; or

(iv) Approved activity; or

(c) Did not provide information required to determine the consumer's eligibility under WAC 110-15-0012 within thirty days.

(2) If a consumer provides information or otherwise meets eligibility requirements after DSHS sends the consumer a denial letter, DSHS will determine when the consumer's benefits may begin, as provided in WAC 110-15-0095.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0107, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0107, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0107, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0107, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0107, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0107, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0107, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0109 Reapplication.

(1) For WCCC benefits to be continued without interruption into the new eligibility period, consumers must reapply for WCCC benefits on or before the end date of their current eligibility period.

(2) Determination of consumers' eligibility to receive uninterrupted WCCC benefits beyond their current eligibility period will be made pursuant to the eligibility rules contained in this chapter.

(3) Consumers who reapply on or before the end date of their current WCCC eligibility period may receive continued uninterrupted benefits through second tier eligibility if their household's countable monthly income is greater than 60 percent but less than or equal to 65 percent of the SMI.

If their household's total countable monthly income is greater than 65 percent of the SMI, the reapplication will be denied.

(4) For consumers who submit a reapplication after the last day of the current eligibility period and meet all WCCC eligibility requirements, benefits will begin:

(a) On the date their reapplication is entered into DCYF's automated system or the date their reapplication is date stamped as received by DCYF, whichever date is earlier;

(b) When they are working or participating in an approved activity; and

(5) Newly eligible households must begin care within 12 months of the eligibility determination date. Households that do not begin care within 12 months must reapply in order to qualify for WCCC benefits.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0109, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0109, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0109, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0109, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0109, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0109, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0109, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0110 Termination of and redetermining eligibility for benefits.

(1) Consumers' eligibility for WCCC benefits is terminated if they fail to:

(a) Comply with the requirements of WAC 110-15-0030;

(b) Complete the WorkFirst orientation process when approved for TANF; or

(c) Cooperate with the child care subsidy audit process and investigations involving the DSHS office of fraud and accountability (OFA).

(2) Consumers' eligibility for WCCC benefits is terminated if they have or anticipate sustained countable income at or above 85 percent of the SMI.

(3) Consumers whose eligibility for WCCC benefits has been terminated may be eligible to receive WCCC benefits again, beginning on the date they:

(a) Meet all WCCC eligibility requirements;

(b) Comply with the copayment requirements contained in WAC 110-15-0030; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0110, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0110, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0110, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0110, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0110, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0110, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0110, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0110, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0110, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0120 When notice of payment changes is not required.

DCYF does not give a consumer written notice of changes to WCCC eligibility or provider payments when:

(1) The consumer tells DCYF that he or she no longer wants WCCC;

(2) The consumer has not informed DCYF of his or her new mailing address; or

(3) DCYF has determined that children have been exposed to a serious health or safety risk.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0120, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0120, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0120, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0120, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0120, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0120, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0120, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0125 Approved child care providers.

(1) In-home/relative providers. To be approved to receive benefits under the WCCC program, in-home/relative providers must comply with the applicable requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06 and 110-16 WAC.

(2) Licensed providers.

(a) To be approved to receive payment under the WCCC program, licensed providers must comply with the requirements of this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300E, and 110-301 WAC.

(b) Providers who care for children who are Washington residents in states that border Washington must:

(i) Be licensed to provide care in the bordering state;

(ii) Comply with the bordering state's licensing and background check regulations as required under 45 C.F.R. 98.42 and 45 C.F.R. 98.43;

(A) DCYF must be able to verify that the licensing state's background check requirements are comparable to Washington state; or

(B) Receive the background check results, including child abuse and neglect histories, for all individuals who have, or may have, unsupervised access to children in care.

(iii) Comply with the electronic attendance requirements contained in WAC 110-15-0126.

(c) Providers in states that border Washington who care for children who are Washington residents will be paid WCCC subsidy rates listed in WAC 110-15-0200 or 110-15-0205 for the DCYF regions in which the children reside.

(d) Licensed providers in states that border Washington that receives WCCC subsidy payment to care for children who are Washington residents are 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. To be approved to receive payment under the WCCC program, certified providers must comply with the certification requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300E, and 110-301 WAC. Certified providers include:

(a) Tribal child care facilities that meet the requirements of tribal law;

(b) Child care facilities on a military installation;

(d) Seasonal day camps that contract with DCYF to provide subsidized child care; and

(e) Outdoor nature-based programs.

(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) Licensed or certified child care providers that first receive WCCC subsidy payments on or after July 1, 2016, for providing nonschool age child care must complete the following activities to be eligible to receive additional WCCC payments:

(i) Enroll in the early achievers program within 30 days of receiving the first WCCC subsidy payment. Licensed or certified providers that fail to meet this requirement will lose DCYF approval to receive WCCC subsidy payments for providing nonschool age child care;

(ii) Complete level 2 activities in the early achievers program within 12 months of enrollment. Licensed or certified providers that fail to meet this requirement will lose DCYF approval to receive DCYF subsidy payments for providing nonschool age child care;

(iii) Rate at a level 3 or higher in the early achievers program within 30 months of enrollment. Licensed or certified providers that fail to meet this requirement within 30 months of enrollment in the early achievers program must complete remedial activities with DCYF and rate at a level 3 or higher within six months of beginning remedial activities. Licensed or certified providers that fail to rate at a level 3 or higher within six months of beginning remedial activities will lose DCYF approval to receive WCCC subsidy payments for providing nonschool age child care; and

(iv) Renew their facility rating every three years and maintain a rating level 3 or higher. If licensed or certified providers fail to renew their facility ratings or maintain a rating level 3 or higher, the licensed or certified providers will lose DCYF approval to receive WCCC subsidy payments for providing nonschool age child care.

(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) Licensed or certified child care providers that received WCCC subsidy payments 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. Licensed or certified providers that fail to meet this requirement will lose DCYF approval to receive WCCC subsidy payments for providing nonschool age child care;

(ii) Complete level 2 activities in the early achievers program by August 1, 2017. Providers who failed to meet this requirement will lose DCYF approval to receive 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. Licensed or certified providers that fail to meet this requirement by December 31, 2019, must complete remedial activities with DCYF and rate at a level 3 or higher by June 30, 2020. Licensed or certified providers that fail 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 DCYF approval to receive WCCC subsidy payments for providing nonschool age child care.

(b) Licensed and certified providers must renew their facility rating every three years and maintain a rating level 3 or higher. If licensed or certified providers fail to renew their facility rating or maintain a rating level 3 or higher, licensed or certified providers will lose DCYF approval to receive WCCC subsidy payments for providing nonschool age child care.

(6) If licensed or certified child care providers receiving WCCC subsidy payment for providing nonschool age has successfully completed all level 2 activities and is waiting to be rated, they may continue to receive WCCC subsidy payments pending the successful completion of the level 3 rating activity.

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

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0125, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-15-0125, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-15-0125, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0125, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0125, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0125, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0125, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0125, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0125, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0125, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0126 Electronic attendance records.

(1) Within ninety days of initial approval to receive WCCC or SCC benefits, providers must adopt the department's electronic attendance recordkeeping system or a department-approved electronic attendance recordkeeping system to record a child's attendance. Ninety days following approval, providers not using an approved electronic attendance system will no longer receive WCCC or SCC payments.

(2) The electronic attendance recordkeeping system must:

(a) Record an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar authentication by the parent or designee when signing the child in and out of the provider's care;

(b) Ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against alterations of the electronic records;

(c) Produce an authentic, verifiable record for each transaction that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;

(d) Prove the identity of the sender of the record;

(e) Uniquely identify each record;

(f) Capture an electronic record for each transaction conducted;

(g) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed and managed as a unit;

(h) Retain electronic records in an accessible form for their legal minimum retention period;

(i) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;

(j) Produce authentic copies of electronic records and supply them in usable formats for business purposes and all public access purposes;

(k) Contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:

(i) The contents of the electronic record;

(ii) The method used to sign the electronic record, if applicable;

(iii) The person signing the electronic record; and

(iv) The date when the signature was executed.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0126, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0126, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 18-12-064, § 170-290-0126, filed 6/1/18, effective 7/2/18.

Wash. Admin. Code § 110-15-0180 WCCC subsidy rates.

State child care subsidy rates in part II of this chapter are subject to legislative change.

History

WSR 18-14-078, recodified as § 110-15-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0180, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0180, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0180, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). WSR 05-20-051, § 388-290-0180, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0180, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0180, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0190 WCCC benefit calculations.

(1) DCYF determines the amount of care consumers may receive at application or reapplication. Once the care is authorized, the amount will not be reduced during the eligibility period unless:

(a) Consumers request reductions;

(b) The care is for school-aged children;

(d) The care was authorized by child protective services (CPS) or child welfare services (CWS) and is part of children's case plans under WAC 110-15-4510; or

(e) Incorrect information was given at application or reapplication.

(2) For parents age 21 years or younger who are attending high school or working towards completing a high school equivalency certificate, DCYF will authorize care based only on their student activity schedules.

(3) To determine the amount of weekly hours of care needed, DCYF reviews the child care scheduled with providers, and:

(a) Consumers' participation in approved activities and the number of hours their children attend school, including home school, which will reduce the amount of care needed; or

(b) The days and times that approved activities overlap in a two parent or guardian household, and only authorize care during those overlapping times. Consumers are eligible for full-time care if overlapping care totals 110 hours in one month.

(c) Parents or guardians in two parent or guardian households who are not able to care for their children under WAC 110-15-0020 are considered by DCYF to be unavailable for care, regardless of their schedules.

(3) Licensed or certified center child care is authorized as follows:

(a) Full-time care is authorized when consumers participate in approved activities at least 110 hours per month.

(b) Twenty-three full-day units per month will be authorized when children are in care five or more hours per day.

(d) Forty-six half-day units per month will be authorized during the months of June, July, and August for school-aged children who are in care for five or more hours per day.

(4) Licensed family home child care is authorized as the following monthly units of care:

(a) Full-time monthly unit of care, equal to 22 full day units, is authorized when:

(i) WCCC or SCC consumers participate in approved activities at least 110 hours per month or full-time care is determined to be appropriate and included in a CPS or CWS case plan; and

(ii) Their children have scheduled care with a single provider at least 110 hours per month.

(b) Part-time monthly unit of care, equal to the actual anticipated full- and half-day units of care needed averaged over a 12-month period, is authorized when the care scheduled with providers is less than 110 hours per month.

(c) Full-time partial-day monthly unit is authorized when school-age children attend care in a licensed family home and meets the criteria in subsection (5) of this section.

(d) Part-time partial-day monthly unit is authorized when school-age children attend care in a licensed family home before and after school and do not meet the criteria for a full-time partial-day monthly unit.

(5) Additional monthly units of care may be authorized when:

(a) Consumers request an authorization for additional care;

(b) The need for care is verified;

(c) The care is needed to supplement an existing monthly unit for unexpected care needed for an approved activity limited to the time frame needed, not to exceed three months;

(d) For actual anticipated overtime when the overtime is included when determining eligibility for child care; or

(e) For sleep time.

(6) Full-time partial-day monthly unit. A single partial-day monthly unit equal to 17 partial days and five full days is authorized for school-age children attending a licensed family home child care when consumers have at least 110 hours of approved activity per month, and their children are:

(a) Authorized for care with only one provider;

(b) Scheduled for care of 110 hours or more in July and August;

(d) Need care before and after school.

(7) When determining part-time care for families using licensed providers when their activity or amount of care needed is less than 110 hours per month:

(a) A full-day unit is calculated for each day of care of at least five hours;

(b) A half-day unit will be calculated for each day of care that is less than five hours; and

(i) Their children are in care before and after school; and

(ii) The total care for the day is less than five hours.

(8) Full-time care for families using in-home/relative providers is authorized when consumers participate in approved activities at least 110 hours per month:

(a) Two hundred thirty hours of care are authorized when their children are in care five or more hours per day;

(b) One hundred fifteen hours of care is authorized when their children are in care less than five hours per day;

(c) One hundred fifteen hours of care is authorized during the school year for school-aged children who are in care less than five hours per day and their providers are authorized for contingency hours each month, up to a maximum of 230 hours;

(d) Two hundred thirty hours of care is authorized during the school year for school-aged children who are in care five or more hours in a day; and

(e) Supervisor approval is required for hours of care that exceed 230 hours per month.

(9) Care cannot exceed 16 hours per day, per child.

(10) When determining part-time care for families using in-home/relative providers:

(a) Under the provisions of subsection (2) of this section, DCYF authorizes the number of hours of care needed per month when the activity is less than 110 hours per month; and

(b) The total number of authorized hours and contingency hours claimed cannot exceed 230 hours per month.

(11) DCYF determines the allocation of hours or units for families with multiple providers based upon the information received from the parents or guardians.

(12) DCYF may authorize more than the state rate and up to the provider's private pay rate if:

(a) The parent or guardian is a WorkFirst participant; and

(b) Appropriate child care, at the state rate, is not available within a reasonable distance from the approved activity site. "Appropriate" means licensed or certified child care under WAC 110-15-0125, or an approved in-home/relative provider under WAC 110-16-0010. "Reasonable distance" is determined by comparing distances other local families must travel to access appropriate child care.

(13) Other fees DCYF may authorize to a provider are:

(a) Registration fees;

(b) Field trip fees;

(d) Overtime care to licensed providers when care is expected to exceed 10 hours in a day when consumers are eligible and authorized; and

(e) Special needs rates for a child.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0190, filed 2/3/22, effective 3/6/22
WSR 20-08-077, § 110-15-0190, filed 3/26/20, effective 4/26/20. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0190, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-23-057, § 170-290-0190, filed 11/9/17, effective 12/10/17
WSR 17-18-009, § 170-290-0190, filed 8/24/17, effective 9/24/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0190, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0190, filed 4/15/16, effective 5/16/16
WSR 13-22-040, § 170-290-0190, filed 10/31/13, effective 12/1/13. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0190, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0190, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0190, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. WSR 06-12-094, § 388-290-0190, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). WSR 05-20-051, § 388-290-0190, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0190, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0190, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0190, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0200 Daily child care rates—Licensed or certified child care centers and DCYF contracted seasonal day camps.

(1) Base rate. Effective July 1, 2023, the child care subsidy rates paid to licensed or certified child care centers or DCYF contracted seasonal day camps are:

| | | Infants (Birth - 11 mos.) | Toddlers (12 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) | | --- | --- | --- | --- | --- | --- | | Region 1 | Full-Day Half-Day | $62.05 $31.03 | $56.14 $28.07 | $53.18 $26.59 | $53.36 $26.68 | | Spokane County | Full-Day Half-Day | $68.54 $34.27 | $56.59 $28.30 | $52.14 $26.07 | $49.00 $24.50 | | Region 2 | Full-Day Half-Day | $59.09 $29.55 | $49.09 $24.55 | $44.77 $22.39 | $32.73 $16.37 | | Region 3 | Full-Day Half-Day | $88.58 $44.29 | $80.36 $40.18 | $72.50 $36.25 | $65.45 $32.73 | | Region 4 | Full-Day Half-Day | $113.64 $56.82 | $101.59 $50.80 | $85.68 $42.84 | $90.64 $45.32 | | Region 5 | Full-Day Half-Day | $72.56 $36.28 | $64.00 $32.00 | $55.77 $27.89 | $54.18 $27.09 | | Region 6 | Full-Day Half-Day | $77.00 $38.50 | $67.50 $33.75 | $57.73 $28.87 | $50.23 $25.12 |

(a) Centers in Clark County are paid Region 3 rates.

(b) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.

(2) WAC 110-300-0005 and 110-300-0356 allow providers to care for children from birth up to and including the end of their eligibility period after their 13th birthday.

(3) Providers must obtain child-specific and time-limited exceptions from DCYF to provide care for children outside the age listed on the center's license.

(4) If providers are granted an exception to care for a child who is 13 years old or older at application or reapplication:

(a) The payment rate is the same as subsection (1) of this section, and the five through 12 year age range column is used for comparison; and

(b) The children must meet the special needs requirement described in WAC 110-15-0220.

History

Statutory Authority: RCW 74.04.050 and 2021 c 199. WSR 23-23-084, § 110-15-0200, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-16-081, § 110-15-0200, filed 8/1/22, effective 9/1/22
WSR 22-05-007, § 110-15-0200, filed 2/3/22, effective 3/6/22
WSR 20-15-161, § 110-15-0200, filed 7/22/20, effective 8/22/20
WSR 19-12-058, § 110-15-0200, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1. WSR 17-21-077, § 170-290-0200, filed 10/16/17, effective 11/16/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0200, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0200, filed 4/15/16, effective 5/16/16
WSR 14-24-070, § 170-290-0200, filed 11/26/14, effective 1/1/15
WSR 14-20-088, § 170-290-0200, filed 9/29/14, effective 10/30/14
WSR 14-12-050, § 170-290-0200, filed 5/30/14, effective 6/30/14
WSR 13-21-113, § 170-290-0200, filed 10/22/13, effective 11/22/13. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0200, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0200, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0200, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0200, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). WSR 05-20-051, § 388-290-0200, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0200, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0200, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0200, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0205 Daily child care rates—Licensed or certified family home child care providers.

(1) Monthly unit. DCYF authorizes care as monthly units as described in WAC 110-15-0190, the calculation of which is based on the full-day, partial-day, and half-day rates in subsection (2) of this section.

(2) Effective July 1, 2023, DCYF calculates licensed or certified family home providers' monthly units based on the following child care subsidy rates:

| | | Infants (Birth - 11 mos.) | Enhanced Toddlers (12 - 17 mos.) | Toddlers (18 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) | | --- | --- | --- | --- | --- | --- | --- | | Region 1 | Full-Day Half-Day Partial-Day | $49.23 $24.62 $36.92 | $49.23 $24.62 $36.92 | $47.09 $23.55 $35.32 | $40.00 $20.00 $30.00 | $36.59 $18.30 $27.44 | | Spokane County | Full-Day Half-Day Partial-Day | $48.00 $24.00 $36.00 | $48.00 $24.00 $36.00 | $48.00 $24.00 $36.00 | $45.00 $22.50 $33.75 | $45.00 $22.50 $33.75 | | Region 2 | Full-Day Half-Day Partial-Day | $66.00 $33.00 $49.50 | $66.00 $33.00 $49.50 | $59.09 $29.55 $44.32 | $48.00 $24.00 $36.00 | $40.00 $20.00 $30.00 | | Region 3 | Full-Day Half-Day Partial-Day | $65.00 $32.50 $48.75 | $65.00 $32.50 $48.75 | $59.09 $29.55 $44.32 | $54.18 $27.09 $40.64 | $49.23 $24.62 $36.92 | | Region 4 | Full-Day Half-Day Partial-Day | $81.82 $40.91 $61.37 | $81.82 $40.91 $61.37 | $75.00 $37.50 $56.25 | $68.95 $34.48 $51.71 | $60.00 $30.00 $45.00 | | Region 5 | Full-Day Half-Day Partial-Day | $59.09 $29.55 $44.32 | $59.09 $29.55 $44.32 | $59.09 $29.55 $44.32 | $49.23 $24.62 $36.92 | $44.32 $22.16 $33.24 | | Region 6 | Full-Day Half-Day Partial-Day | $59.09 $29.55 $44.32 | $59.09 $29.55 $44.32 | $55.00 $27.50 $41.25 | $53.00 $26.50 $39.75 | $45.00 $22.50 $33.75 |

(3) The monthly unit for family home providers in all regions and for all ages will include a partial-day rate that is 75 percent of the full-day rate when:

(a) Providers provide child care services for a child during a morning session and an afternoon session. A morning session begins at any time after 12:00 a.m. and ends before 12:00 p.m. An afternoon session begins at any time after 12:00 p.m. and ends before 12:00 a.m.;

(b) The child is absent from care in order to attend school or preschool; and

(4) Monthly units for school age children will be adjusted for the months of July and August based on the consumers' approved activities and the children's schedules for care during the summer.

(5) School age children will be authorized for 22 full days in July and August when:

(a) They are authorized for a full-time, full-time partial-day, monthly unit; or

(b) They are authorized for a part-time, part-time partial-day, monthly unit;

(d) The consumer participates in an approved activity at least 110 hours per month.

(6) Monthly units will be prorated for partial months of authorization.

(7) The monthly unit amount is averaged over all months of authorized care. Supplemental payments will not be made for calendar months with more than the average number of care days.

(8) Supplemental authorization for payment may be requested by consumers for unexpected hours of care needed for allowable activities or changes in their schedules.

(9) WAC 110-300-0005 and 110-300-0355 allow providers to care for children from birth up to and including the end of their eligibility period after their 13th birthday.

(10) Providers must obtain a child-specific and time-limited exception from DCYF to provide care for children outside the age listed on their licenses.

(11) For providers who are granted an exception to care for a child who is 13 years of age or older at application or reapplication:

(a) The payment rate is the same as subsection (1) of this section and the five through 12 year age range column is used for comparison; and

(b) The child must meet the special needs requirement as described in WAC 110-15-0220.

(12) DCYF pays family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (13) of this section).

(13) DCYF cannot pay family home child care providers to provide care for children in their care if the provider is:

(a) The child's biological, adoptive or step-parent;

(b) The child's guardian or the guardian's spouse or live-in partner; or

History

Statutory Authority: RCW 74.04.050 and 2021 c 199. WSR 23-23-084, § 110-15-0205, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0205, filed 2/3/22, effective 3/6/22
WSR 20-15-161, § 110-15-0205, filed 7/22/20, effective 8/22/20
WSR 20-08-077, § 110-15-0205, filed 3/26/20, effective 4/26/20
WSR 19-12-058, § 110-15-0205, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0205, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-035, § 170-290-0205, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0205, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0205, filed 4/15/16, effective 5/16/16
WSR 14-24-070, § 170-290-0205, filed 11/26/14, effective 1/1/15
WSR 14-20-088, § 170-290-0205, filed 9/29/14, effective 10/30/14
WSR 14-12-050, § 170-290-0205, filed 5/30/14, effective 6/30/14
WSR 13-21-113, § 170-290-0205, filed 10/22/13, effective 11/22/13. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0205, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0205, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0205, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0205, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). WSR 05-20-051, § 388-290-0205, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0205, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0205, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0205, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0210 Tiered reimbursement, quality improvement awards, and dual language enhancements.

(1) Providers receiving payment under the WCCC program will receive a tiered reimbursement as outlined in the Early Achievers Operating Guidelines, available on DCYF's website.

(2) Quality improvement awards, as described by chapter 43.216 RCW, are reserved for early achievers participating providers offering programs to an enrollment population consisting of at least five percent of children receiving a state subsidy for licensed family homes and at least five percent of nonschool age children receiving subsidy for licensed centers.

(a) Qualifying state subsidy programs include working connections child care (WCCC), seasonal child care (SCC), DCYF child welfare child care programs, homeless child care program (HCCP), ECLIPSE and medicaid child care programs. Other qualifying programs may include those supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations.

(i) Participants providing HCCP, ECLIPSE, or medicaid services must present DCYF with information indicating that services were provided under these programs.

(ii) Participants providing subsidized child care supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations must present DCYF with information indicating that services were provided under these programs.

(b) Percent subsidy calculations are derived from a monthly average of the number of children receiving qualifying subsidy divided by the monthly average licensed capacity of a specific provider over a 12-month period.

(i) The 12-month period utilized for the above calculation will include the 12 months prior to the formal release of a facility's early achievers rating.

(ii) Facilities must have provided care at least one day in a given month for that month to be utilized in the above calculation.

(3) Eligible providers may receive a dual language enhancement.

(a) For purposes of this subsection, "eligible providers" means providers who:

(i) Accept WCCC, SCC, or CWCC payments;

(ii) Are enrolled in the early achievers program; and

(iii) Meet the requirements for the dual language designation standard described in the Early Achievers Operating Guidelines, available on DCYF's website.

(b) Dual language enhancements must be spent on professional development training, the purchase of dual language and culturally appropriate curricula and accompanying training programs, instructional materials, increased wages for individual staff who provide bilingual instruction, or other related expenses.

History

Statutory Authority: RCW 43.216.592. WSR 23-02-068, § 110-15-0210, filed 1/4/23, effective 2/4/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0210, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-0210, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 13-21-113, § 170-290-0210, filed 10/22/13, effective 11/22/13.

Wash. Admin. Code § 110-15-0211 Trauma-informed care supports.

(1) Subject to available funds, DCYF will provide trauma-informed care support to aid eligible providers. For the purposes of this section, "eligible providers" means:

(a) An employee or owner of a licensed or certified child care center or outdoor nature-based program that accepts WCCC or SCC payments;

(b) An employee or owner of a licensed family home child care provider that accepts WCCC or SCC payments;

(c) A contractor or provider of the early childhood education and assistance program or birth to three early childhood education and assistance program;

(d) A license-exempt family, friends, and neighbors (FFN) provider accepting subsidy; or

(e) An early achievers coach.

(2) Trauma-informed care supports may be used by eligible providers for the following purposes:

(a) Additional compensation for individual staff who have a DCYF-approved infant and early childhood mental health credential or other DCYF-approved child development specialty credential;

(b) The purchase of screening tools, assessment materials, and relevant training associated with the use of such screening tools and assessment materials;

(d) Supportive services for children with complex needs that are offered as fee-for-service within local communities; or

(e) Other expenses related to trauma-informed care.

History

Statutory Authority: RCW 43.216.590. WSR 23-12-039, § 110-15-0211, filed 5/30/23, effective 6/30/23.

Wash. Admin. Code § 110-15-0215 Infant enhanced rate.

Licensed and certified child care providers accepting state subsidy may receive an infant enhancement payment of $300 per month for each infant who is enrolled in their child care and attends at least one day per month.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, and 2024 c 376. WSR 24-22-096, s 110-15-0215, filed 11/1/24, effective 12/2/24. Statutory Authority: RCW 43.216.579. WSR 22-12-072, § 110-15-0215, filed 5/27/22, effective 7/1/22.

Wash. Admin. Code § 110-15-0220 Special needs rates—Qualification and required documentation.

(1) Qualification. To qualify for a special needs rate in addition to the base rate, the consumer must request a special needs review for the child. The child must either:

(a) Be thirteen up to nineteen years of age and be under court supervision; or

(b) Be less than nineteen years of age and have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care needed in the child care setting.

(2) Required documentation. The documentation must:

(a) Support the severity of the condition and level of care required to meet that child's need;

(b) Describe the child's additional needs above the daily routine care required under chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care;

(c) Address relevant areas, such as ambulatory assistance, feeding, hygiene assistance, communication, or behavior as applicable and as needed by the child;

(d) Include completed DEL special needs request forms from both the consumer and the provider; and

(e) Have the child's condition and need for higher level of care verified by a qualified individual who is not employed by the child care facility nor a relative of the provider or the child's family, and is either a:

(i) Health, mental health, education or social service professional with at least a master's degree; or

(ii) Registered nurse.

New verification is not required at review or due to a change in provider, if the child's condition has been verified to be life-long and not improving;

(f) Include one or more of the following completed forms from a person listed in (e) of this subsection:

(i) Medical or psychological reports from a mental health professional;

(ii) Medical reports or statements from a medical health profession;

(iii) Individualized education plan (IEP);

(iv) Individual health plan (IHP);

(v) Individual family service plan (IFSP);

(vi) Basic health records from the health care provider; or

(vii) Comprehensive assessments from a mental health professional.

(g) For one-on-one care, the name of the person providing the care.

(3) Special needs review.

(a) DSHS processes all Level 1 special needs cases for children under thirteen within thirty calendar days from the date of the special needs request.

(b) DEL and DSHS jointly review Level 2 special needs cases for children under thirteen.

(c) DEL and DSHS jointly review all special needs requests for children thirteen years of age through nineteen years of age.

(d) All requests for Levels 1 and 2 special needs rates are decided within fifteen consecutive days of the initial request. The fifteen-day time limit begins on the day after the date that the consumer and provider provide all of the required verification for that case as provided in this section.

(e) The provider will be notified of the approval or denial of a Level 2 special needs rate request within fourteen calendar days of the decision.

(4) Purpose of special needs rate. WCCC does not pay for the provider's training needs to care for a specific child or for the child's equipment needs while in the child care setting. The special needs rate is for care provided in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care.

History

WSR 18-14-078, recodified as § 110-15-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-18-051, § 170-290-0220, filed 8/31/17, effective 10/1/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0220, filed 4/15/16, effective 5/16/16
WSR 14-03-060, § 170-290-0220, filed 1/13/14, effective 2/13/14
WSR 12-11-025, § 170-290-0220, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0220, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0220, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0220, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0220, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0225 Special needs rates—Licensed or certified child care centers and seasonal day camps.

(1) In addition to the base rate for licensed or certified child care centers and seasonal day camps listed in WAC 110-15-0200, DCYF may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 110-15-0220:

(a) Level 1. The daily rate listed in the table below:

| | | Infants (Birth - 11 mos.) | Toddlers (12 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) | | --- | --- | --- | --- | --- | --- | | Region 1 | Full-Day Half-Day | $7.30 $3.65 | $6.14 $3.07 | $5.80 $2.90 | $5.45 $2.73 | | Region 2 | Full-Day Half-Day | $7.36 $3.68 | $6.15 $3.08 | $5.70 $2.85 | $5.05 $2.52 | | Region 3 | Full-Day Half-Day | $9.75 $4.88 | $8.13 $4.06 | $7.02 $3.51 | $6.82 $3.41 | | Region 4 | Full-Day Half-Day | $11.35 $5.67 | $9.48 $4.74 | $7.95 $3.98 | $7.16 $3.58 | | Region 5 | Full-Day Half-Day | $8.32 $4.16 | $7.16 $3.58 | $6.30 $3.15 | $5.59 $2.80 | | Region 6 | Full-Day Half-Day | $8.18 $4.09 | $7.02 $3.51 | $6.14 $3.07 | $6.00 $3.00 |

(i) Centers in Clark County are paid Region 3 rates;

(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates;

(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour.

(2) If a provider is requesting one-on-one supervision or direct care for the child with special needs the person providing the one-on-one care must:

(a) Be at least 18 years of age;

(b) Meet the requirements for being an assistant under chapter 110-300 WAC; and

(3) If the provider has an exception to care for a child who is age 13 years or older and has special needs according to WAC 110-15-0220, DCYF authorizes the special needs payment rate as described in subsection (1) of this section using the five through 12 year age range for comparison.

History

Statutory Authority: RCW 43.216.579. WSR 22-12-072, § 110-15-0225, filed 5/27/22, effective 7/1/22. WSR 18-14-078, recodified as § 110-15-0225, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0225, filed 4/15/16, effective 5/16/16
WSR 14-12-050, § 170-290-0225, filed 5/30/14, effective 6/30/14
WSR 14-03-060, § 170-290-0225, filed 1/13/14, effective 2/13/14. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0225, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0225, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0225, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0225, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0225, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0225, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0225, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0230 Special needs rates—Licensed or certified family home child care providers.

(1) In addition to the base rate for licensed or certified family home child care providers listed in WAC 170-290-0205, DSHS may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 170-290-0220:

(a) Level 1. The daily rate listed in the table below:

| | | Infants (Birth - 11 mos.) | Toddlers (12 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) | | --- | --- | --- | --- | --- | --- | | Region 1 | Full-Day Half-Day | $6.00 $3.00 | $5.40 $2.70 | $5.40 $2.70 | $4.80 $2.40 | | Region 2 | Full-Day Half-Day | $6.00 $3.00 | $5.70 $2.85 | $5.10 $2.55 | $5.10 $2.55 | | Region 3 | Full-Day Half-Day | $8.70 $4.35 | $7.50 $3.75 | $6.60 $3.30 | $6.00 $3.00 | | Region 4 | Full-Day Half-Day | $9.00 $4.50 | $8.90 $4.45 | $7.50 $3.75 | $7.20 $3.60 | | Region 5 | Full-Day Half-Day | $6.60 $3.30 | $6.00 $3.00 | $5.70 $2.85 | $5.10 $2.55 | | Region 6 | Full-Day Half-Day | $6.60 $3.30 | $6.00 $3.00 | $6.00 $3.00 | $5.70 $2.85 |

(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour.

(2) If the provider has an exception to care for a child who:

(a) Is age thirteen years or older; and

(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five through twelve year age range for comparison.

(3) If a provider is requesting one-on-one supervision/direct care for the child with special needs, the person providing the one-on-one care must:

(a) Be at least eighteen years of age;

(b) Meet the requirements for being an assistant under chapter 170-296A WAC; and

History

WSR 18-14-078, recodified as § 110-15-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0230, filed 4/15/16, effective 5/16/16
WSR 14-12-050, § 170-290-0230, filed 5/30/14, effective 6/30/14
WSR 14-03-060, § 170-290-0230, filed 1/13/14, effective 2/13/14. Statutory Authority: Chapter 43.215 RCW. WSR 12-21-008, § 170-290-0230, filed 10/5/12, effective 11/5/12. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0230, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0230, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0230, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0230, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0230, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0230, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0235 Special needs rates—In-home/relative providers.

(1) In addition to the highest base rate as provided in WAC 170-290-0240(1), the state may authorize the following additional special needs rate:

(a) Level 1. Sixty-two cents per hour; or

(b) Level 2. A rate greater than Level 1, but not to exceed $9.41 per hour.

(2) If other children in the home are also authorized for in-home/relative care with the same provider, under WAC 170-290-0240:

(a) The child who needs the greatest number of hours of care will be authorized the greater base rate; and

(b) Each additional child in the family will be authorized the lower base rate.

History

WSR 18-14-078, recodified as § 110-15-0235, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0235, filed 4/15/16, effective 5/16/16
WSR 14-03-060, § 170-290-0235, filed 1/13/14, effective 2/13/14
WSR 12-11-025, § 170-290-0235, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0235, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0235, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0235, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0235, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0240 Child care subsidy rates—In-home/relative providers.

(1) Base rate. When consumers employ in-home/relative providers, DCYF pays $3.85 per hour per child. Beginning July 1, 2024, the maximum child care subsidy rate is $4.00 per hour per child.

(2) DCYF may pay above the maximum hourly rate for children who have special needs pursuant to WAC 110-15-0235.

(3) DCYF makes the WCCC payment directly to consumers' eligible providers.

(4) When applicable, DCYF pays the employer's share of the following:

(a) Social Security and medicare taxes (FICA) up to the wage limit;

(b) Federal Unemployment Taxes (FUTA); and

(5) For in-home/relative providers who receive less than the wage base limit per family in a calendar year, DCYF refunds all withheld taxes to them.

History

Statutory Authority: RCW 74.04.050 and 2021 c 199. WSR 23-23-084, § 110-15-0240, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0240, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-0240, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-035, § 170-290-0240, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0240, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 14-24-070, § 170-290-0240, filed 11/26/14, effective 1/1/15
WSR 14-20-088, § 170-290-0240, filed 9/29/14, effective 10/30/14
WSR 13-21-113, § 170-290-0240, filed 10/22/13, effective 11/22/13. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-0240, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0240, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0240, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. WSR 05-22-078, § 388-290-0240, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0240, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0240, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0245 Registration fees.

(1) DSHS may pay licensed or certified child care providers and DEL contracted seasonal day camps a registration fee when:

(a) A child is first enrolled by the consumer for child care with a provider;

(b) A consumer enrolls their child with a new child care provider during their eligibility period; or

(c) A child has more than a sixty-day break in child care services with the same provider, and it is the provider's policy to charge all parents this fee when there is a break in service.

(2) A registration fee will be paid only once per calendar year for children who are cared for by the same provider, even if the provider receives subsidy payments under different subsidy programs during this time period for the enrolled children, unless there is a break of sixty days or more as provided in subsection (1)(c) of this section.

History

WSR 18-14-078, recodified as § 110-15-0245, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0245, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0245, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0245, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. WSR 02-12-069, § 388-290-0245, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). WSR 02-01-135, § 388-290-0245, filed 12/19/01, effective 1/19/02.

Wash. Admin. Code § 110-15-0247 Field trip/quality enhancement fees.

(1) As funding allows, DCYF pays licensed or certified family home child care providers and in-home/relative providers a monthly field trip/quality enhancement fee up to $30 per child or the providers' actual cost for the field trip, if the fee is required of all parents and guardians whose children are in their care. DCYF-licensed or certified child care centers and school-age centers are not eligible to receive the field trip/quality enhancement fee.

(2) The field trip/quality enhancement fee is to cover the providers' actual expenses for:

(a) Admission;

(b) Enrichment programs and/or ongoing lessons;

(c) Public transportation or mileage reimbursement at the state office of financial management rate for the use of a private vehicle;

(d) The cost of hiring a nonemployee to provide an activity at the child care site in-house field trip activity; and

(e) The purchase or development of a prekindergarten curriculum.

(3) The field trip/quality enhancement fee will not cover fees or admission costs for adults on field trips, or food purchased on field trips.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0247, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-0247, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0247, filed 4/15/16, effective 5/16/16. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. WSR 11-18-001, § 170-290-0247, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0247, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0247, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0247, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0249 Nonstandard hours bonus.

(1) Consumers' providers may receive a nonstandard hours bonus (NSHB) payment per child per month for care provided if:

(a) The providers are licensed or certified;

(b) They provide at least 30 hours of nonstandard hours care during one month; and

(c) The total cost of the state's NSHB payments do not exceed the amount appropriated for this purpose by the legislature for the current fiscal year.

(2) Nonstandard hours are defined as:

(a) Before 6 a.m. or after 6 p.m.;

(b) Any hours on Saturdays and Sundays; and

(3) NSHB amounts are:

(a) $150 for family homes; and

(b) $150 for centers.

History

Statutory Authority: Chapter 34.05 RCW, RCW 43.216.020, 43.216.065, and 2024 c 376. WSR 24-22-096, s 110-15-0249, filed 11/1/24, effective 12/2/24. Statutory Authority: RCW 74.04.050. WSR 23-23-083, § 110-15-0249, filed 11/13/23, effective 12/14/23. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0249, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-0249, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0249, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0249, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0249, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0250 Eligible 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 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.

(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) Result in the establishment of a provider overpayment as provided in WAC 110-15-0268.

History

Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq.
45 C.F.R. Part 98. WSR 19-01-111, § 110-15-0250, filed 12/18/18, effective 1/18/19. WSR 18-14-078, recodified as § 110-15-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0250, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0250, filed 5/8/12, effective 6/8/12.

Wash. Admin. Code § 110-15-0266 Payment discrepancies—Generally.

(1) Payment discrepancies include both underpayments and overpayments.

(2) For consumers not covered under WAC 110-15-0267 through 110-15-0275, payment discrepancies are subject to chapter 388-410 WAC.

(3) For providers covered under the collective bargaining agreement, all other payment discrepancy issues are covered under WAC 110-15-0275 and 110-15-0277.

(4) For all providers, payment discrepancies resulting from program violations or suspected fraud are covered under WAC 110-15-0277 and 110-15-0278.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0266, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0266, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0266, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0266, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0266, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0267 Payment discrepancies—Provider underpayments.

(1) Underpayments to providers occur when DCYF pays less than the amount providers are eligible to receive.

(2) Underpayment requests will only be considered by DCYF if providers submit their original invoice for payment to DCYF no later than three months after the date of service.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0267, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-0267, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0267, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0267, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0267, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0268 Payment discrepancies—Provider overpayments.

(1) An overpayment occurs when providers receive payments that are more than providers are eligible to receive. Provider overpayments may be established when providers:

(a) Bill and receive payments for services not provided;

(b) Bill without attendance records that support the billing. Beginning July 1, 2018, attendance must be recorded using DCYF's electronic attendance system or a DCYF-approved electronic attendance system. Any other format for recording attendance will not be considered valid support for provider billings and may result in overpayments;

(d) Routinely provide care in locations other than what was approved at the time of authorization;

(e) With respect to license-exempt in-home/relative providers, they bill the state for more than six children at one time for the same hours of care; or

(f) With respect to licensed or certified providers, they:

(i) Bill the state for more than the number of children in the provider's licensed capacity; or

(ii) Are caring for children receiving WCCC benefits outside the providers' licensed allowable age range without a DCYF-approved exception; or

(g) With respect to certified providers caring for children in states bordering Washington, they:

(i) Are determined to not be in compliance with the state's licensing regulations; or

(ii) Fail to notify DCYF within 10 days of any suspension, revocation, or change to the provider's license.

(2) DCYF will request documentation from providers when preparing to establish an overpayment. Providers must provide requested information within 45 calendar days from the date of the written request.

(3) Providers may be required to repay any payments that they were not eligible to receive.

(4) Providers may be required to repay overpayments they received, even if they were the result of a DCYF error in issuing payment a provider was not eligible to receive.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0268, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0268, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0268, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0268, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-035, § 170-290-0268, filed 5/31/17, effective 7/1/17
WSR 12-11-025, § 170-290-0268, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0268, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0269 Payment discrepancies—Consumer underpayments.

If a copayment amount determined by DSHS for a consumer results in an underpayment, the consumer may request reimbursement within three years of the date of child care service, if the consumer:

(1) Meets all WCCC eligibility requirements during the time the consumer is claiming an underpayment; and

(2) Verifies all copayments made by the consumer to the provider during the time for which the consumer is claiming an underpayment.

History

WSR 18-14-078, recodified as § 110-15-0269, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0269, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0269, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0271 Payment discrepancies—Consumer.

(1) DCYF establishes overpayments for past or current consumers when the consumer:

(a) Received benefits in an amount greater than the consumer was eligible to receive;

(b) Received benefits or services based on the eligibility criteria of the consumer's participation in an approved activity, but the consumer did not participate in the activity;

(c) Failed to report information accurately under the requirements of this chapter, which resulted in an error in determining eligibility, amount of care authorized, or copayment;

(d) Received benefits for a child who was not eligible under WAC 110-15-0005, 110-15-0015, or 110-15-0020; or

(e) Failed to return, by the sixtieth day, the requested income verification of new employment as provided in WAC 110-15-0012.

(2) DCYF or DSHS may request documentation from a consumer when preparing to establish an overpayment. The consumer has 14 consecutive calendar days to provide any requested documentation.

(3) Consumers may be required to repay any overpayments they received, including overpayments resulting from DCYF or DSHS error and benefits paid by DSHS or DCYF they were not eligible to receive.

(4) If a consumer is not eligible under WAC 110-15-0030 through 110-15-0032 and the provider has billed correctly, the consumer is responsible for the entire overpayment.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0271, filed 2/3/22, effective 3/6/22. Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-0271, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-0271, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0271, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-0271, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0271, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-0271, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0271, filed 10/28/09, effective 12/1/09. WSR 08-08-047, recodified as § 170-290-0271, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. WSR 05-22-078, § 388-290-0271, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. WSR 04-08-021 and 04-08-134, § 388-290-0271, filed 3/29/04 and 4/7/04, effective 5/28/04.

Wash. Admin. Code § 110-15-0275 Payment discrepancies—Providers.

(1) This section applies to all child care providers.

(2) Providers must submit a billing invoice for payment within three months of the date child care services are provided. Any invoice submitted more than three months from date child care services are provided will not be processed.

(3) For purposes of correcting payment errors based on correctly submitted invoices under the provisions of subsection (2) of this section, the following time limits apply:

(a) For underpayments:

(i) Two years back from the date the payment was issued if the error was based on rates paid by age or region, except as provided in (a)(iii) of this subsection; or

(ii) Three years back from the date payment was issued if the error was based on any issue other than rates paid by age or region; and

(iii) Three years back from the date the payment was issued for any underpayment identified by a federal or state audit.

(b) For overpayments:

(i) Two years back from the date payment was issued if the error was based on rates paid by age or region, except as provided in (b)(iii) of this subsection; and DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within two years of the date the payment was issued; or

(ii) Three years back from the date payment was issued if the error was based on any issue other than rates paid by age or region; DSHS or DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within three years of the date the payment was issued; and

(iii) Three years back from the date the payment was issued for any overpayment identified by a federal or state audit; DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within three years of the date the payment was issued.

(4) For in-home/relative and family home child care providers, disputes regarding underpayments may be addressed through the grievance process provided for in the collective bargaining agreement.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-0275, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-0275, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-0275, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0275, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0275, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0277 Provider program violations and suspected fraud.

Eligible child care providers described in WAC 170-290-0125 must comply with all provider responsibilities listed in WAC 170-290-0034. Failure to comply causing a provider overpayment will result in a program violation finding and may cause the agency to impose sanctions.

(1) Administrative errors are payment discrepancies which result from a departmental mistake. Provider overpayments caused by administrative error still require repayment of ineligible amounts. Administrative errors will not result in a finding of a program violation.

(2) An unintentional program violation is an overpayment resulting from a provider's error and not caused with willful knowledge.

(a) An unintentional program violation can include a provider's unfamiliarity with program rules and requirements.

(b) Any unintentional provider error resulting in an overpayment will result in department consultation with the provider.

(d) Unintentional program violations require provider repayment of ineligible funds.

(3) An intentional program violation is an overpayment caused by a provider's willful failure to comply with program rules.

(a) Any repeated misrepresentation of invoices or other information submitted to the department or failure to submit documentation upon request is an intentional program violation.

(b) If a provider has been consulted by the department for billing concerns and overpayment but then continues to have overpayment findings, then the department will impose sanctions as listed in WAC 170-290-0279.

(d) Beginning March 1, 2018, all intentional program violations will be cited by the department, and providers with more than three instances of intentional program violations will be subject to review for program ineligibility.

(i) The department has discretion to impose additional sanctions if a provider has more than three instances of intentional program violations.

(ii) As per WAC 170-290-0280 and 170-290-0285, a provider can dispute the department's finding of program ineligibility.

(4) Suspected fraud is a departmental determination resulting in referral to the office of fraud and accountability (OFA) at the department of social and health services (DSHS).

(a) Program fraud is defined in RCW 74.04.004. Program staff at the department of early learning and DSHS do not criminally investigate fraud. OFA conducts criminal investigations and pursues prosecution of program fraud.

(b) Departmental program staff will identify instances of suspected fraud when facts available to the department indicate the provider willfully violated program rules. This includes repeated instances of misrepresentation.

(d) Providers convicted for program fraud are permanently barred from future participation in the program as a child care provider or consumer.

History

WSR 18-14-078, recodified as § 110-15-0277, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0277, filed 11/7/17, effective 12/8/17.

Wash. Admin. Code § 110-15-0278 Consumer program violation.

A consumer who has been convicted of fraud to obtain child care subsidy benefits will be disqualified from receiving child care subsidy program benefits for five years.

"Conviction" or "convicted" means a finding by a state or federal court that an individual is guilty of a criminal offense that involves the commission of fraud to obtain child care subsidy payments or benefits. A guilty finding includes an adjudication of guilt, a verdict of guilt, and acceptance of a plea of guilty. A guilty finding constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-0278, filed 5/31/19, effective 7/1/19.

Wash. Admin. Code § 110-15-0279 Program violation sanctions.

(1) The department will inform and consult child care providers when intentional and unintentional program violations result in provider overpayments.

(2) Sanctions are imposed to ensure providers comply with program rules and to mitigate repeat violations which result in overpayments. Provider sanctions may include:

(a) Submission of corrected information;

(b) Review of child care program rules and publications; or

(3) Providers with at least three intentional program violations will be subject to review for child care subsidy program ineligibility. See WAC 170-290-0277 (3)(d).

History

WSR 18-14-078, recodified as § 110-15-0279, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0279, filed 11/7/17, effective 12/8/17.

Wash. Admin. Code § 110-15-0280 Right to request an administrative hearing.

(1) Consumers: Consumers who disagree with DCYF's decisions affecting their WCCC benefits have administrative hearing rights under chapter 110-03 WAC.

(a) Consumers' requests for hearing:

(i) May be made by contacting DCYF in-person, by telephone, or by serving DCYF with written requests that are also filed with the office of administrative hearings (OAH) as described in WAC 110-03-0060 and 110-03-0080.

(ii) Must include the information and documents described in WAC 110-03-0050(2), if requests are made in writing.

(iii) Must be made within 90 calendar days of the date the consumers received the decisions being appealed, unless good cause for a late request can be established under chapter 110-03 WAC.

(b) After completing the administrative hearings, OAH issues initial orders pursuant to WAC 110-03-0460 and 110-03-0480. Consumers who disagree with initial orders may request reviews as provided in WAC 110-03-0510 through 110-03-0550.

(c) When consumers request reviews of the initial orders, review judges issue final orders after considering the requests for review, initial orders, and hearing records. Consumers who disagree with final orders may request reconsiderations as provided in WAC 110-03-0570 through 110-03-0580 or seek judicial reviews as described in WAC 110-03-0590.

(2) Providers: Child care providers who disagree with WCCC overpayment decisions may request administrative hearings pursuant to RCW 43.20B.675.

(a) To request administrative hearings, child care providers must:

(i) Make their hearing requests in writing and include the information and documents described in RCW 43.20B.675(3) including, but not limited to, copies of the overpayment notices and statements explaining why they believe the overpayment notices are incorrect; and

(ii) Serve the hearing requests on the Department of Social and Health Services, Office of Financial Recovery, P.O. Box 9501, Olympia, WA 98507-9501, using certified mail return receipt requested or other manner that provides proof of receipt within 28 calendar days of the date they received the overpayment notices being appealed.

(b) After completing the administrative hearings, OAH will issue final orders. Child care providers who disagree with final orders may request reconsideration. Providers may also seek judicial review of final orders.

History

Statutory Authority: RCW 74.08.080 and 74.09.741. WSR 23-12-037, § 110-15-0280, filed 5/30/23, effective 7/1/23. Statutory Authority: RCW 34.05.229 and 43.216.065. WSR 22-01-076, § 110-15-0280, filed 12/10/21, effective 1/10/22. WSR 18-14-078, recodified as § 110-15-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-0280, filed 11/7/17, effective 12/8/17. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-0280, filed 4/15/16, effective 5/16/16. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0280, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-0285 Receipt of WCCC benefits pending the outcome of an administrative hearing.

(1) A consumer may receive WCCC benefits pending the outcome of a hearing if he or she requests the hearing:

(a) On or before the effective date of an action; or

(b) No more than ten days after DSHS sends the consumer a notice of adverse action.

As used in this section, "adverse action" means an action to reduce or terminate a consumer's WCCC benefits.

(2) If a consumer loses a hearing, any WCCC benefit that a consumer uses between the date of the adverse action and the date of the hearing decision is an overpayment to the consumer.

(3) A consumer may not receive WCCC benefits pending the outcome of a hearing if he or she requests payment to a provider who is not eligible under WAC 170-290-0125.

(4) A consumer may receive WCCC benefits for another eligible provider, pending the outcome of the hearing.

History

WSR 18-14-078, recodified as § 110-15-0285, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-0285, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-2210 Eligibility.

(1) If applicants or reapplicants meet one of the qualifiers of the priority list and otherwise meet all eligibility requirements of Part II or III of this chapter, they will not be placed on the waitlist and will be eligible to receive WCCC subsidies. The priority list includes:

(a) Families applying for or receiving TANF;

(b) Families receiving TANF and working to cure a sanction;

(d) Families that include a child with special needs;

(e) Families with teen parents (under age 22) who are not living with a parent or guardian, and who are attending a high school full-time that has an on-site child care center;

(f) Families with a child residing with a biological parent or guardian who have received child protective services, child welfare services, or a family assessment response from DCYF in the past six months and has received a referral for child care as part of the family's case management; and

(g) Reapplicants who received subsidies within the last 30 days and:

(i) Have reapplied for subsidies; and

(ii) Have household income of 60 percent of the SMI or below.

(2) As provided in WAC 110-15-0001, WCCC is administered to the extent of available funds. If available funds are insufficient to allow all priority groups to not be placed on the waitlist and be eligible to receive WCCC subsidies, only the highest ranked groups that can be served within available funds will be prioritized. The priority groups are ranked in the order listed in subsection (1) of this section, highest to lowest.

(3) If funds are not available, applicants and reapplicants not belonging to a group on the priority list will have their names placed on the waitlist upon approval of eligibility. Names will be placed on the waitlist based on their application or reapplication dates and served as funds become available.

(4) For applicants and reapplicants who remain on the waitlist for 12 months or longer, new eligibility determinations will be required when subsidy child care becomes available.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-2210, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-2210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-22-101, § 170-290-2210, filed 10/30/17, effective 11/30/17
WSR 17-09-042, § 170-290-2210, filed 4/14/17, effective 5/15/17.

Wash. Admin. Code § 110-15-2220 Benefits start.

(1) DSHS notifies the consumer that subsidy child care is available by sending written notice.

(2) If otherwise eligible, the consumer's twelve-month eligibility period begins on the date the consumer is removed from the waitlist.

History

WSR 18-14-078, recodified as § 110-15-2220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-09-042, § 170-290-2220, filed 4/14/17, effective 5/15/17.

Wash. Admin. Code § 110-15-2230 Withdrawal from and reinstatement to the waitlist.

(1) The consumer will be withdrawn from the waitlist when the consumer does not return the requested income verification of new employment by the sixtieth day per WAC 170-290-0012.

(2) The consumer must reapply for eligibility per WAC 170-290-2210, if the required information is received after the end of the advance notice period.

(3) If the consumer is withdrawn from the waitlist for not returning information and the consumer provides the requested information during the ten-day advance notice period and remains eligible for child care:

(a) DSHS may reinstate the consumer to the waitlist; and

(b) DSHS may reinstate the consumer on the waitlist using the same application date prior to the withdrawal from the waitlist.

History

WSR 18-14-078, recodified as § 110-15-2230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-09-042, § 170-290-2230, filed 4/14/17, effective 5/15/17.

Wash. Admin. Code § 110-15-2240 Provider payments.

(1) The consumer chooses an eligible provider under WAC 170-290-0125 and the provider cares for the children during an eligibility period.

(2) Provider payment begin date is:

(a) The date the family comes off the waitlist when an eligible provider is already providing care;

(b) The date an eligible provider begins to provide care after the family comes off the waitlist; or

(c) The date a provider becomes an eligible provider, when providing care before the provider is eligible and the family comes off the waitlist.

(3) DSHS will send an authorization letter to the consumer and provider stating the payment begin date.

History

WSR 18-14-078, recodified as § 110-15-2240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-09-042, § 170-290-2240, filed 4/14/17, effective 5/15/17.

Wash. Admin. Code § 110-15-3501 Program funding.

The seasonal child care (SCC) program is subject to available funds. As used in this chapter, "subject to available funds" includes one or more of the following:

(1) Limiting or closing enrollment;

(2) Establishing a priority list for new enrollees subject to applicable state and federal law; or

(3) Creating and maintaining a waiting list.

History

WSR 18-14-078, recodified as § 110-15-3501, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3501, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3501, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3506 Waitlist for seasonal child care.

The waitlist for seasonal child care is determined as provided in WAC 170-290-2210 through 170-290-2240.

History

WSR 18-14-078, recodified as § 110-15-3506, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060 and 43.215.070. WSR 17-09-042, § 170-290-3506, filed 4/14/17, effective 5/15/17.

Wash. Admin. Code § 110-15-3520 Eligibility.

(1) To be eligible for SCC the person applying for benefits must:

(a) Not currently be receiving temporary aid for needy families (TANF);

(b) Live in one of the following Washington state counties: Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Okanogan, Skagit, Walla Walla, Whatcom, or Yakima;

(d) Be the child's:

(i) Parent, either biological or adopted;

(ii) Stepparent;

(iii) Legal guardian as verified by a legal or court document;

(iv) Adult sibling or step-sibling;

(v) Aunt;

(vi) Uncle;

(vii) Niece or nephew;

(viii) Grandparent; or

(ix) Any of the above relatives in (v), (vi), or (viii) of this subsection, with the prefix "great," such as great-aunt.

(e) At application and reapplication, participate in an approved activity under WAC 170-290-3555;

(f) Have countable income at or below the maximum eligibility limit described in WAC 170-290-0005. The consumer's eligibility shall end if the consumer's countable income is greater than eighty-five percent of the state median income or if resources exceed one million dollars;

(g) Complete the application for child care and DSHS verification process, regardless of other program benefits or services received; and

(h) Meet eligibility requirements for SCC described under part III of this chapter.

(2) Children. To be eligible for SCC, the child receiving SCC must:

(a) Belong to one of the following groups as defined in WAC 388-424-0001:

(i) A U.S. citizen;

(ii) A U.S. national;

(iii) A qualified alien; or

(iv) A nonqualified alien who meets the Washington state residency requirements as listed in WAC 388-468-0005; and

(b) Live in Washington state and be:

(i) Less than thirteen years of age; or

(ii) Less than nineteen years of age and:

(A) Have a verified special need according to WAC 170-290-0220; or

(B) Be under court supervision.

History

WSR 18-14-078, recodified as § 110-15-3520, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3520, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3520, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3520, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3520, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3530 Verifying consumers' and providers' information.

DSHS verifies a consumer's information as provided in WAC 110-15-0012.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-3530, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-3530, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3530, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3530, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3530, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3530, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3540 Eligibility—Family size.

DSHS determines a consumer's family size as provided in WAC 170-290-0015.

History

WSR 18-14-078, recodified as § 110-15-3540, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3540, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3540, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3550 Eligibility—Special circumstances.

(1) A consumer may be eligible for the SCC program when the consumer is a parent in a two-parent family and both parents currently work in seasonally available agricultural related work.

(2) A consumer may be eligible for SCC if the consumer is a parent in a two-parent family and one parent is not able or available as defined in WAC 170-290-0003 to provide care for the children while the other parent is currently working or participating in approved seasonally agricultural related work.

(3) If a consumer claims one parent is not able to care for the children, the consumer must provide written documentation from an acceptable medical source (see WAC 388-449-0010) that states the:

(a) Reason the parent is not able to care for the children; and

(b) Expected duration and severity of the condition that keeps the parent from caring for the children.

(4) Single-parent family. A consumer is not eligible for SCC benefits when the consumer is the only parent in the family and will be away from the home for more than thirty days in a row.

(5) When a consumer's monthly copayment is higher than the state maximum rate including any special needs payments for all of the consumer's children in care under WAC 170-290-0005:

(a) The consumer's eligibility period may continue; and

(b) DSHS will not authorize payment to the provider until the copayment becomes lower than the state maximum rate including any special needs payments for all of the consumer's children in care under WAC 170-290-0005.

History

WSR 18-14-078, recodified as § 110-15-3550, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3550, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3550, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3550, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3550, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3555 Eligibility—Approved activities.

(1) A consumer may be eligible for SCC program subsidies for up to sixteen hours per day for the time the consumer is involved in seasonally available agricultural related work in Washington state.

(2) When the consumer is part of a two-parent family, both parents must be employed as described in subsection (1) of this section.

(3) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.

(4) The twelve-month eligibility period begins:

(a) When benefits begin under WAC 170-290-0095; or

(b) Upon reapplication under WAC 170-290-0109.

(5) DSHS may authorize care for:

(a) Travel time only between the child care location and the employment location; or

(b) Sleep time, up to eight hours per day when needed, if the consumer works nights and sleeps days.

History

WSR 18-14-078, recodified as § 110-15-3555, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3555, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3555, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3555, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3555, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3558 Resources.

DSHS verifies a consumer's resource as provided in WAC 170-290-0022.

History

WSR 18-14-078, recodified as § 110-15-3558, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3558, filed 9/21/16, effective 10/22/16.

Wash. Admin. Code § 110-15-3560 Consumers' rights.

When a consumer applies for or receives SCC program subsidies, the consumer has the right to:

(1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations and policies;

(2) Have the consumer's application accepted and acted upon within thirty days;

(3) Be informed, in writing, of the consumer's legal rights and responsibilities related to the SCC subsidy program;

(4) Have the consumer's information shared with other agencies only when required by federal or state regulations;

(5) Be allowed to choose a licensed or certified child care provider as long as the provider meets requirements in WAC 170-290-3750;

(6) Receive a written notice at least ten days before changes are made to lower or stop benefits except as stated in WAC 170-290-3730;

(7) Ask for an administrative hearing if the consumer does not agree with a decision per WAC 170-290-3860;

(8) Ask to speak to a supervisor or administrator at DSHS to review a decision or action affecting the consumer's benefits without affecting the consumer's right to an administrative hearing;

(9) Have interpreter or translator services provided by DSHS within a reasonable amount of time and at no cost to the consumer;

(10) Refuse to speak to a fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA) when they ask to come into your home.

(a) This refusal will not affect eligibility for SCC program subsidies.

(b) If the consumer refuses to cooperate with the investigator at a later date, it could affect the consumer's SCC program subsidies.

(11) Access the consumer's child at all times while the child is in child care;

(12) Terminate child care without cause and without notice to the provider. Notice must be given to DSHS within five days of termination;

(13) Not be charged by the consumer's licensed or certified provider, or be made to pay, for the difference between the child care provider's private rate and the state maximum child care subsidy rate, when the provider's private rate for child care is higher than the maximum state rate; and

(14) Not be charged by the consumer's licensed or certified provider, or be made to pay for:

(a) The difference between the provider's registration fee and the state's maximum registration fee when the provider's registration fee is higher;

(b) Any day when the consumer's child is absent;

(d) A higher amount than the state allows for field trips;

(e) A preschool tuition fee in addition to regular child care services; or

(f) Child care services after the final day of care when the provider stops caring for the consumer's children.

History

WSR 18-14-078, recodified as § 110-15-3560, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3560, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3560, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3560, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3560, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3565 Consumers' responsibilities.

(1) When a person applies for or receives SCC program subsidies, the applicant or consumer must, as a condition of receiving those subsidies:

(a) Give DSHS correct and current information so that DSHS can determine the consumer's eligibility and authorize child care payments correctly;

(b) Choose a licensed or certified child care provider who meets requirements of WAC 170-292-3750;

(c) Pay the provider for child care services when the consumer requests additional child care outside of the current authorization;

(d) Pay the provider for optional child care programs for the child that the consumer requests. The provider must have a written policy in place charging all families for these optional child care programs;

(e) Document their child's attendance in child care by having the consumer or other person authorized by the consumer to take the child to or from child care:

(i) If the provider uses a paper attendance record, sign the child in on arrival and sign the child out at departure, using their full signature and writing the time of arrival and departure; or

(ii) Record the child's attendance using an electronic system if used by the provider;

(f) Provide the information requested by the fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA). If the consumer refuses to provide the information requested within fourteen days, it could affect the consumer's benefits;

(g) Cooperate (provide the information requested) with the child care subsidy audit process.

(i) A consumer becomes ineligible for SCC benefits upon a determination of noncooperation and remains ineligible until he or she meets child care subsidy audit requirements.

(ii) The consumer may become eligible again when he or she meets SCC requirements in Part III of this chapter and cooperates.

(iii) Care can begin on or after the date the consumer cooperated and meets SCC requirements in Part III of this chapter.

(h) Ensure that their children who receive subsidized child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:

(i) A department of health (DOH) medical exemption form signed by a health care professional; or

(ii) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization;

(i) Pay the copayment directly to the child care provider or arrange for a third party to pay the copayment directly to the provider; and

(j) Pay the provider the same late fees that are charged to other families, if the consumer pays a copayment late or picks up the child late.

(2) In cases of overdue or past due copayments, the consumer, as a condition of maintaining eligibility, must do one of the following:

(a) Pay past or overdue copayments;

(b) Give DSHS a written agreement between the provider and consumer to verify that copayment arrangements include one or more of the following:

(i) An installment payment plan;

(ii) A collection agency payment plan;

(iii) In-kind services in lieu of paying the copayment; or

(iv) Forgiveness of the copayment from the provider; or

(c) Provide proof that the consumer has attempted to pay a copayment to a licensed provider who is no longer in business or a license-exempt provider who is no longer providing child care. "Proof" includes, but is not limited to, a signed return receipt for correspondence not responded to, or a returned document that was not picked up.

History

WSR 18-14-078, recodified as § 110-15-3565, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3565, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3565, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3565, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3565, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3565, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3566 Subsidized child care providers' responsibilities.

Licensed or certified child care providers who accept SCC subsidies must do the following:

(1) Comply with all of the DCYF child care licensing or certification requirements as provided in chapters 110-300, 110-300A, 110-300B, and 110-305 WAC; and

(2) Comply with WAC 110-15-0034.

(3) Providers who care for children in states bordering Washington, must verify that they are currently complying with their state's licensing regulations, and notify DSHS within ten days of any suspension, revocation, or changes to their license.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-3566, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-3566, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 17-12-035, § 170-290-3566, filed 5/31/17, effective 7/1/17
WSR 16-09-059, § 170-290-3566, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3566, filed 5/8/12, effective 6/8/12.

Wash. Admin. Code § 110-15-3570 Notification of changes.

(1) When consumers apply for or receive SCC program subsidies, they must:

(a) Notify DCYF, within five days, of any change in providers;

(b) Notify DCYF, within 10 days, when their countable income increases and the change would cause their countable income to exceed 85 percent state median income as provided in WAC 110-15-0005;

(d) Notify their providers within 10 days of when DCYF changes their child care authorization.

(2) When consumers receive SCC benefits, they may notify DCYF when:

(a) The number of child care hours they need changes;

(b) Their household income decreases, which may lower their copayment;

(c) Their household size changes, such as if family members move in or out of their home, which may lower their copayment; or

(d) Their legal obligation to pay child support changes.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3570, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-3570, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-3570, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3570, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3570, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3570, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3580 Failure to report changes.

(1) If a consumer fails to report any changes as required in WAC 170-290-3570 within the stated time frames, DSHS may establish an overpayment to the consumer per WAC 170-290-3850, the consumer may have to pay additional costs, such as a higher copayment, or DSHS may terminate benefits.

(2) If an overpayment occurs, the consumer may receive an overpayment for what the provider has correctly billed, including absent days (see publication "Child Care Subsidies: A Guide for Licensed and Certified Child Care Centers" and "Child Care Subsidies: A Guide for Licensed and Certified Family Home Child Care Providers").

(3) If a consumer receives an overpayment for failure to report changes or failure to provide required verification, they will be required to repay any overpayment as provided in WAC 170-290-0271.

History

WSR 18-14-078, recodified as § 110-15-3580, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3580, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3580, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3580, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3580, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3580, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3590 DSHS's responsibilities to consumers.

DSHS must:

(1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations and policies;

(2) Complete applications for SCC program subsidies based on information the consumer provides, and determine a consumer's eligibility within thirty days from the date the consumer applied;

(3) Accept a variety of forms of verification and may not specify the type of documentation required;

(4) Authorize payments only to a licensed or certified child care provider the consumer chooses who meets the requirements in WAC 170-290-3750;

(5) At application and reapplication, authorize payments when no adult in a consumer's family (under WAC 170-290-3540) is able or available to care for the consumer's children as defined in WAC 170-290-0003;

(6) Inform a consumer of:

(a) The consumer's copayment amount as determined in WAC 170-290-3620 and defined in WAC 170-290-0075;

(b) The consumer's rights and responsibilities under the SCC program when he or she applies or reapplies;

(d) The community resources that can help the consumer select child care when needed;

(e) Other options for child care subsidies, if the consumer does not qualify for SCC program subsidies; and

(f) The consumer's rights to an administrative hearing;

(7) Provide prompt child care authorizations to a consumer's child care provider;

(8) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:

(a) SCC eligibility;

(b) Copayment; or

(9) Provide an interpreter or translator service at no cost to the consumer to explain information related to the SCC program.

History

WSR 18-14-078, recodified as § 110-15-3590, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3590, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3590, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3590, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3590, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3590, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3610 Countable income.

DSHS counts income as money a consumer earns or receives from:

(1) Wages and commissions earned from employment;

(2) Unemployment compensation;

(3) The following child support payment amounts:

(a) For applicants or consumers who are not receiving DSHS division of child support services, the amount as shown on a current court or administrative order;

(b) For applicants or consumers who are receiving DSHS division of child support services, the amount as verified by the DSHS division of child support;

(c) For applicants or consumers who have an informal verbal or written child support agreement, the amount verified by a written agreement signed by the noncustodial parent (NCP); or

(d) For applicants or consumers who cannot provide a written agreement signed by the NCP, the amount received for child support verified by a written statement from the consumer that documents why they cannot provide the statement from the NCP;

(4) Supplemental security income (SSI);

(5) Other Social Security payments, such as Social Security Administration (SSA) and Social Security disability insurance (SSDI);

(6) Refugee assistance payments;

(7) Payments from the Veterans' Administration;

(8) Pensions or retirement income;

(9) Payments from labor and industries (L&I), or disability payments;

(10) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings;

(11) Other types of income not listed in WAC 170-290-3630; and

(12) Gross wages from employment or self-employment income as defined in WAC 170-290-0003. Gross wages include any wages that are taxable.

History

WSR 18-14-078, recodified as § 110-15-3610, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3610, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3610, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3610, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3610, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3620 Calculation of income.

For the SCC program, DSHS calculates a consumer's income in the same manner as provided in WAC 170-290-0065.

History

WSR 18-14-078, recodified as § 110-15-3620, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3620, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3620, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3630 Excluded income and deductions.

(1) DSHS does not count the following income types when determining a consumer's income eligibility and copayment:

(a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

(b) Savings accounts;

(d) Reimbursements, such as tax refunds;

(e) Earned income credits;

(f) Diversion cash assistance;

(g) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

(h) Capital gains;

(i) Basic Food program benefits;

(j) Income earned by children as described in WAC 170-290-3540;

(k) Benefits received by children of Vietnam War veterans who are diagnosed with any form or manifestation of spina bifida except spina bifida occulta;

(l) Adoption support assistance and foster care payments; and

(m) Government economic stimulus payments.

History

WSR 18-14-078, recodified as § 110-15-3630, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3630, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3630, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3630, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3640 Determining income eligibility and copayment.

(1) For the SCC program, DCYF determines consumers' family income eligibility and copayment by:

(a) Their family size as defined under WAC 110-15-3540;

(b) Their average monthly income as calculated under WAC 110-15-3620; and

(2) At application and reapplication, consumers are not eligible for the SCC program when their family income is above the maximum eligibility limit as provided in WAC 110-15-0005.

(3) SCC will assign a copayment amount based on families' countable income. Consumers pay the copayment directly to their child care providers.

(4) SCC does not prorate copayments.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3640, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-3640, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-3640, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3640, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3640, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3640, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3650 Change in copayment.

(1) A consumer's SCC program copayment could change when:

(a) DEL makes a mass change in subsidy benefits due to a change in law or program funding;

(b) The consumer's family size increases and causes the copayment to decrease;

(d) The consumer did not report all income, activity and household information at the time of application and reapplication; or

(e) The consumer is approved for a new eligibility period.

(2) If a consumer's copayment changes during the eligibility period, the change is effective on the first day of the month immediately following the date the copayment change was made.

(3) DSHS does not prorate the copayment.

(4) DSHS does not increase a consumer's copayment during the current eligibility period when countable income remains at or below the maximum eligibility limit as provided in WAC 170-290-0005.

History

WSR 18-14-078, recodified as § 110-15-3650, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3650, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3650, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3650, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3650, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3660 Eligibility period.

(1) A consumer who meets all of the requirements of part III of this chapter is eligible to receive SCC subsidies for twelve months before having to redetermine eligibility. The twelve-month eligibility period applies only if enrollments in the SCC program are capped as provided in WAC 170-290-0001(1) and 170-290-3501. Regardless of the length of eligibility, consumers are still required to report changes of circumstances to DSHS as provided in WAC 170-290-3570.

(2) A consumer's eligibility may be for less than twelve months if requested by the consumer.

(3) A consumer's eligibility may end sooner than twelve months if:

(a) The consumer no longer wishes to participate in SCC; or

(b) DSHS terminates the consumer's eligibility as stated in WAC 170-290-3855.

History

WSR 18-14-078, recodified as § 110-15-3660, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3660, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. WSR 12-11-025, § 170-290-3660, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3660, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3660, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3665 When SCC program subsidies start.

(1) SCC benefits for an eligible consumer may begin when the following conditions are met:

(a) The consumer has completed the required SCC application and verification process as described under WAC 110-15-0012 within thirty days of the date DSHS received the consumer's application for SCC benefits, except in the case of new employment. In that case, under WAC 110-15-0012, the consumer must provide third-party verification within sixty days of application or reapplication;

(b) The consumer is working or participating in an approved activity under WAC 110-15-3555 at application and reapplication; and

(c) The consumer needs child care for work or approved activities within at least thirty days of the date of application for SCC benefits.

(2) If a consumer fails to turn in all information within thirty days from the application date, the consumer must restart the application process, except in the case of new employment. In that case, under WAC 110-15-0012, the consumer must provide third-party verification within sixty days of application or reapplication.

(3) The consumer's application date is whichever is earlier:

(a) The date the consumer's application is entered into DSHS's automated system; or

(b) The date the consumer's application is date stamped as received.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and 42 U.S.C. 9858, et seq. WSR 19-08-020, § 110-15-3665, filed 3/26/19, effective 4/26/19. WSR 18-14-078, recodified as § 110-15-3665, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3665, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3665, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3665, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3665, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3675 When provider payments start.

The provider is eligible to receive payment when both the following circumstances are met:

(1) The consumer has chosen the eligible provider (under WAC 170-290-0125) and the provider is caring for the children during an eligibility period; and

(2) DSHS notifies the provider that the consumer is eligible.

History

WSR 18-14-078, recodified as § 110-15-3675, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3675, filed 4/15/16, effective 5/16/16.

Wash. Admin. Code § 110-15-3690 Denial of benefits—Date of redetermining eligibility.

(1) DSHS sends a consumer a denial letter when the consumer has applied for child care and the consumer:

(a) Is not eligible due to the consumer's:

(i) Family composition;

(ii) Income; or

(iii) Activity; or

(b) Did not provide information required to determine the consumer's eligibility according to WAC 170-290-3530.

(2) If a consumer turns in information or otherwise meets eligibility requirements after the denial letter is sent, the consumer's benefits begin according to WAC 170-290-3665.

(3) WCCC eligibility will be determined when a consumer is denied for SCC program subsidies.

History

WSR 18-14-078, recodified as § 110-15-3690, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3690, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3690, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3720 Notice of payment changes.

DSHS provides SCC consumers with at least ten days written notice of changes to payments related to the reduction, or termination of benefits, in child care arrangements, except as noted in WAC 170-290-3730.

History

WSR 18-14-078, recodified as § 110-15-3720, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3720, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3720, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3720, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3730 When notice of payment changes is not required.

DSHS does not give a consumer notice if the consumer:

(1) Tells DSHS that the consumer no longer wants SCC; or

(2) Has not informed DSHS of the consumer new mailing address.

History

WSR 18-14-078, recodified as § 110-15-3730, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3730, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3730, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3730, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3750 Eligible child care providers.

To receive payment under the SCC program, consumers' child care providers must comply with the eligibility requirements described in WAC 110-15-0125.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3750, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-3750, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-3750, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3750, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3750, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3750, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3760 SCC subsidy rates.

State child care subsidy rates are subject to legislative change.

History

WSR 18-14-078, recodified as § 110-15-3760, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3760, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3760, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3760, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3770 Authorized SCC payments.

The SCC program may authorize payments to licensed or certified child care providers as described in WAC 110-15-0190, 110-15-0200, 110-15-0205, and 110-15-0215.

History

Statutory Authority: RCW 43.216.579. WSR 22-12-072, § 110-15-3770, filed 5/27/22, effective 7/1/22. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3770, filed 2/3/22, effective 3/6/22
WSR 20-08-077, § 110-15-3770, filed 3/26/20, effective 4/26/20. WSR 18-14-078, recodified as § 110-15-3770, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-3770, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3770, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3770, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3770, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3790 When additional SCC subsidy payments are authorized.

DSHS may authorize additional child care when:

(1) Needed to accommodate a family's work schedule;

(2) Verification of work schedule is presented; and

(3) More than ten hours of care is needed per day (up to a maximum of sixteen hours a day) and the provider's written policy is to charge all families for these hours of care in excess of ten hours per day.

History

WSR 18-14-078, recodified as § 110-15-3790, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3790, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3790, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3790, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3800 Eligible provider capacity and payment.

(1) DSHS may pay 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, as appropriate.

(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 of subsection (2) of this section may:

(a) Result in the immediate suspension of the provider's subsidy payments; and

(b) Establish a provider overpayment as provided in WAC 170-290-0268.

(4) As used in this section, "capacity" has the same meaning as defined in WAC 170-297-0010, 170-295-0010, and 170-296A-0010.

History

WSR 18-14-078, recodified as § 110-15-3800, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3800, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3800, filed 5/8/12, effective 6/8/12.

Wash. Admin. Code § 110-15-3840 New eligibility period.

(1) To request SCC benefits be continued uninterrupted beyond consumer current eligibility periods, they must reapply to DCYF on or before the end date of their current eligibility periods.

(2) Determination of consumers' eligibility to receive uninterrupted SCC benefits beyond their eligibility periods will be made pursuant to the eligibility rules contained in this chapter.

(3) Consumers who reapply on or before the end date of their current eligibility periods may receive continued, uninterrupted benefits through second tier eligibility if their household has countable income greater than 60 percent but less than or equal to 65 percent of the SMI. If their countable monthly income is greater than 65 percent of the SMI, their reapplications will be denied.

(4) If consumers submit reapplications after the last day their current eligibility periods end and meet eligibility requirements, their consumer benefits will begin:

(a) On the date their reapplications are entered into DCYF's automated system or the date their reapplications are date-stamped as received by DCYF, whichever date is earlier;

(b) When they are working or participating in approved activities; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3840, filed 2/3/22, effective 3/6/22. WSR 18-14-078, recodified as § 110-15-3840, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, chapter 43.215 RCW. WSR 16-19-107, § 170-290-3840, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3840, filed 4/15/16, effective 5/16/16
WSR 11-12-078, § 170-290-3840, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3840, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3850 Payment discrepancies generally.

Child care subsidy payment discrepancies are described in WAC 110-15-0266 through 110-15-0275, with the exception of underpayments requested by licensed child care centers, which will only be considered for three months after the date of services.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 22-05-007, § 110-15-3850, filed 2/3/22, effective 3/6/22
WSR 19-12-058, § 110-15-3850, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-3850, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3850, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3850, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3855 Termination of and redetermining eligibility for SCC program subsidies.

(1) A consumer's continued eligibility for SCC benefits stops when the consumer:

(a) Does not complete the requested application or reapplication before the deadline provided in WAC 170-290-3665 and 170-290-3840;

(b) At application and reapplication, is not participating in an approved activity as defined in WAC 170-290-3555;

(c) Does not meet other SCC eligibility requirements related to family size, income and resources as provided in WAC 170-290-3558;

(d) Does not return the requested income verification of new employment by the sixtieth day as provided in WAC 170-290-0012;

(e) Does not comply with the copayment requirements of WAC 170-290-3565; or

(f) Refuses to cooperate with the child care subsidy audit process or the DSHS office of fraud and accountability (OFA).

(2) A consumer might be eligible for SCC program subsidies again beginning on the date that the consumer:

(a) Meets all SCC program eligibility requirements;

(b) Complies with the copayment requirements of WAC 170-290-3565; and

History

WSR 18-14-078, recodified as § 110-15-3855, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070 and chapter 43.215 RCW. WSR 16-19-107, § 170-290-3855, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 16-09-059, § 170-290-3855, filed 4/15/16, effective 5/16/16
WSR 12-11-025, § 170-290-3855, filed 5/8/12, effective 6/8/12
WSR 11-12-078, § 170-290-3855, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3855, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3857 Program violations and suspected fraud.

WAC 110-15-0277 and 110-15-0278 apply to the seasonal child care program.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 19-12-058, § 110-15-3857, filed 5/31/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-15-3857, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070 and 2017 3rd sp.s. c 1 § 615. WSR 17-23-033, § 170-290-3857, filed 11/7/17, effective 12/8/17.

Wash. Admin. Code § 110-15-3860 Right to request an administrative hearing.

SCC consumers and licensed or certified child care providers must follow WAC 170-290-0280 to request a hearing.

History

WSR 18-14-078, recodified as § 110-15-3860, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3860, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3860, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-3865 Receipt of SCC program subsidies pending the outcome of an administrative hearing.

A consumer may receive SCC program subsidies while waiting for the outcome of a hearing as provided in WAC 170-290-0285.

History

WSR 18-14-078, recodified as § 110-15-3865, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. WSR 11-12-078, § 170-290-3865, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. WSR 09-22-043, § 170-290-3865, filed 10/28/09, effective 12/1/09.

Wash. Admin. Code § 110-15-4500 What types of child care subsidies are available to child welfare program participants?

DCYF may purchase:

(1) Child protective services child care;

(2) Child welfare services child care; and

(3) Employed foster parent child care.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4500, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4500, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-108, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-108, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4505 Child and parent—Definitions.

The following definitions apply to WAC 110-15-4500 through 110-15-4580.

"Child" means a person twelve years of age or younger or a person under nineteen years of age who is physically, mentally, or emotionally incapable of self-care as verified by a licensed medical practitioner or masters level or above mental health professional.

"Parent" means a biological or adoptive parent of a child or an individual who has an established parent-child relationship under RCW 26.26.101, unless the legal rights of that person have been terminated or paternity has been disestablished.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4505, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4505, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-110, filed 6/7/18, effective 7/8/18. WSR 99-15-076, recodified as § 388-165-110, filed 7/20/99, effective 7/20/99. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, 74.08.090 and 74.13.0903. WSR 98-22-008, § 388-15-170, filed 10/22/98, effective 11/22/98. Statutory Authority: RCW 74.12.340 and 45 C.F.R. Part 98.41 Child Care and Development Block Grant. WSR 93-10-021 (Order 3535), § 388-15-170, filed 4/28/93, effective 5/29/93. Statutory Authority: RCW 74.12.340 and 45 C.F.R. 98.20, 98.30, 98.43 and 98.45
and 45 C.F.R. 257.21, 257.30, 257.31 and 257.41. WSR 92-11-062 (Order 3393), § 388-15-170, filed 5/19/92, effective 6/19/92. Statutory Authority: RCW 74.08.090. WSR 88-24-023 (Order 2732), § 388-15-170, filed 12/2/88
WSR 86-12-051 (Order 2387), § 388-15-170, filed 6/3/86
WSR 86-03-078 (Order 2333), § 388-15-170, filed 1/22/86
WSR 83-02-028 (Order 1931), § 388-15-170, filed 12/29/82. Statutory Authority: RCW 43.20A.550. WSR 82-14-048 (Order 1839), § 388-15-170, filed 6/30/82. Statutory Authority: RCW 74.08.090. WSR 82-01-051 (Order 1735), § 388-15-170, filed 12/16/81
WSR 81-10-034 (Order 1650), § 388-15-170, filed 4/29/81
WSR 80-15-010 (Order 1552), § 388-15-170, filed 10/6/80. Statutory Authority: RCW 43.20A.550. WSR 78-04-004 (Order 1276), § 388-15-170, filed 3/2/78
Order 1238, § 388-15-170, filed 8/31/77
Order 1204, § 388-15-170, filed 4/1/77
Order 1147, § 388-15-170, filed 8/26/76
Order 1124, § 388-15-170, filed 6/9/76
Order 1120, § 388-15-170, filed 5/13/76
Order 1088, § 388-15-170, filed 1/19/76.

Wash. Admin. Code § 110-15-4510 Child care for child protective services (CPS) and child welfare services (CWS).

DCYF may purchase child care within available funds for children of families in need of support as part of a CPS or CWS case plan. This service is short-term and time-limited. Social workers must determine if other resources are available to meet this need before authorizing payment by the department.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4510, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4510, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0030, filed 6/29/18, effective 7/1/18. WSR 99-15-076, recodified as § 388-165-140, filed 7/20/99, effective 7/20/99. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, 74.08.090 and 74.13.0903. WSR 98-22-008, § 388-15-175, filed 10/22/98, effective 11/22/98.

Wash. Admin. Code § 110-15-4520 What are the maximum child care subsidy rates DCYF pays for child care in a licensed or certified child care center?

Maximum child care subsidy rates for licensed child care centers can be found in WAC 110-15-0200.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4520, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4520, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-180, filed 6/7/18, effective 7/8/18
WSR 13-08-064, § 388-165-180, filed 4/1/13, effective 5/2/13
WSR 99-22-011, § 388-165-180, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4525 What are the maximum child care subsidy rates DCYF pays for child care in a licensed or certified family home child care?

Maximum child care subsidy rates for licensed or certified family home child care can be found in WAC 110-15-0205.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4525, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4525, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-185, filed 6/7/18, effective 7/8/18
WSR 13-08-064, § 388-165-185, filed 4/1/13, effective 5/2/13
WSR 99-22-011, § 388-165-185, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4530 When can DCYF pay more than the maximum child care subsidy rate?

DCYF pays additional subsidies to a licensed or certified family child care home or center when:

(1) Care is for nonstandard hours as defined in WAC 110-15-0249;

(2) A child has a documented special need under WAC 110-15-0220;

(3) Care is not available at the DCYF rate and the provider's usual rate is authorized;

(4) The provider is participating in the state's early achievers program and receives tiered reimbursement and state funds are available; or

(5) A child registration fee is applicable under WAC 110-15-0245.

To the extent that funds are available, DCYF may pay additional subsidies to licensed or certified family home child care for field trip and quality enhancement fees under WAC 110-15-0247.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4530, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4530, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-190, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-190, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4540 How does DCYF pay for nonstandard hour child care?

DCYF authorizes the nonstandard hour bonus to licensed or certified child care providers as specified in WAC 110-15-0249.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4540, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4540, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-200, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-200, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4550 What is the DCYF child care subsidy rate for children with special needs in a licensed or certified child care center?

For children with documented special needs, DCYF pays the base rate authorized in WAC 110-15-0200 and the lesser of:

(1) The actual cost of providing the special needs care; or

(2) The applicable rate listed in WAC 110-15-0225 (1)(a) or (b).

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4550, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4550, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-215, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-215, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4555 What is the DCYF child care subsidy rate for children with special needs in a licensed or certified family home child care?

For children with documented special needs, DCYF pays the base rate authorized in WAC 110-15-0205 and the lesser of:

(1) The actual cost of providing special needs care; or

(2) The applicable rate listed in WAC 110-15-0230 (1)(a) or (b).

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4555, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4555, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-220, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-220, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4560 What is the DCYF in-home/relative child care rate for children with special needs?

For children with documented special needs, DCYF pays the base rate authorized in WAC 110-15-0240 and the applicable special needs rate listed in WAC 110-15-0235.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4560, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4560, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-225, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-225, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4565 What is the maximum child care subsidy rate DCYF pays for in-home/relative child care?

DCYF pays the cost of child care directly to the provider as the rate specified in WAC 110-15-0240.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4565, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4565, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090. WSR 18-13-012, § 388-165-230, filed 6/7/18, effective 7/8/18
WSR 99-22-011, § 388-165-230, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4570 In-home/relative child care.

(1) When the parent(s) chooses in-home/relative child care, the parent(s) will give the in-home/relative child care provider's name and address to the department and make the following assurances at the time child care is authorized:

(a) The in-home/relative provider is:

(i) Eighteen years of age or older;

(ii) Of sufficient physical, emotional, and mental health to meet the needs of the child in care. If requested by the department, the parent(s) must provide written evidence that the in-home child care provider of the parent's choice is of sufficient physical, emotional, and mental health to be a safe child care provider;

(iii) Able to work with the child without using corporal punishment or psychological abuse;

(iv) Able to accept and follow instructions;

(v) Able to maintain personal cleanliness; and

(vi) Prompt and regular in job attendance.

(b) The child is current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

(d) The in-home/relative child care provider is informed about basic health practices, prevention and control of infectious disease, immunizations, and home and physical premises safety relevant to the care of the child.

(2) The in-home/relative child care provider's primary function while on duty is to provide child care. The in-home/relative child care provider will have the following responsibilities:

(a) Provide constant care and supervision of the child for whom the provider is responsible throughout the arranged time of care in accordance with the needs of the child; and

(b) Provide developmentally appropriate activities for the child who is under the in-home/relative child care provider's care.

(3) The department provides the parent(s) with information about basic health practices, prevention and control of infectious diseases, immunizations, and building and physical premises safety relevant to the care of the child.

History

WSR 19-14-078, recodified as § 110-15-4570, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0150, filed 6/29/18, effective 7/1/18. WSR 99-15-076, recodified as § 388-165-235, filed 7/20/99, effective 7/20/99. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, 74.08.090 and 74.13.0903. WSR 98-22-008, § 388-15-176, filed 10/22/98, effective 11/22/98.

Wash. Admin. Code § 110-15-4575 What is the responsibility of DCYF regarding child care subsidies for in-home/relative child care?

(1) On all payments DCYF makes toward the cost of in-home/relative child care, DCYF pays the employer's share of:

(a) Social Security taxes;

(b) Medicare taxes;

(d) State unemployment taxes (SUTA) when applicable.

(2) On all payments DCYF makes toward the cost of in-home/relative child care DCYF withholds the following taxes:

(a) Social security taxes up to the wage base limit; and

(b) Medicare taxes.

(3) If an in-home/relative child care provider receives less than the per family threshold allowed by Internal Revenue Service Publication 926, Household Employer's Tax Guide, in a calendar year, DCYF refunds all withheld taxes to the provider.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4575, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4575, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055 and 74.08.090. WSR 99-22-011, § 388-165-245, filed 10/22/99, effective 11/22/99.

Wash. Admin. Code § 110-15-4580 When can DCYF pay toward the cost of in-home/relative child care provided outside the child's home?

DCYF will pay toward the cost of child care provided in the relative's home by the following adult relative of the child:

(1) Siblings and stepsiblings living outside the child's home;

(2) Grandparents;

(3) Aunts;

(4) Uncles;

(5) First cousins;

(6) Great grandparents;

(7) Great aunts;

(8) Great uncles; and

(9) Extended family members as determined by law or custom of the Indian child's tribe.

History

Statutory Authority: RCW 74.12.340. WSR 21-18-110, § 110-15-4580, filed 8/31/21, effective 10/1/21. WSR 19-14-078, recodified as § 110-15-4580, filed 7/1/19, effective 7/1/19. WSR 18-14-078, recodified as § 110-20-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055 and 74.08.090. WSR 99-22-011, § 388-165-250, filed 10/22/99, effective 11/22/99.

Chapter 110-16 License-exempt care—Family, friends, and neighbors (FFN) in-home/relative child care providers.

Wash. Admin. Code § 110-16-0001 Purpose 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.

History

Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq. WSR 18-20-081, § 110-16-0001, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0005 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

"Benefit" means a regular payment made by a government agency on behalf of a person eligible to receive it.

"Child" or "children," except when otherwise specified, means a child or children eligible for WCCC benefits under chapter 110-15 WAC.

"Days" means calendar days unless otherwise specified.

"Department" or "DCYF" means the department of children, youth, and families.

"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.

"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.

"Infant" is a child birth through 11 months of age.

"Lockdown" or "shelter-in-place" 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.

"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.

"State plan" means the DCYF child care and development fund plan submitted by DCYF that must be approved by the United States Department of Health and Human Services.

"Subsidy payment begin date" means the first day a provider is authorized to start billing for care provided to eligible children.

"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.

"Swimming pool" means a pool that has a water depth greater than two feet.

"Technical assistance" means the provision of customized supports to develop or strengthen processes, knowledge application, or implementation of services by providers.

"Toddler" means a child 12 months through 29 months of age.

"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.

"Waiver" is an official approval by the department allowing an FFN provider not to meet or satisfy a rule in this chapter due to specific needs of a child who is in the FFN provider's care.

"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.

"WCCC" means the working connections child care program, a child care subsidy program available to eligible families to help pay for child care.

History

Statutory Authority: 42 U.S.C. 9858, RCW 43.216.055, and 43.216.065. WSR 22-23-094, § 110-16-0005, filed 11/15/22, effective 12/16/22. Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0005, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq. WSR 18-20-081, § 110-16-0005, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0010 Provider 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 nonexpired government issued photo identification, such as a driver's license, Washington state identification, or passport.

(d) Have the character, suitability, and competence required by chapter 110-06 WAC to meet the needs of children in care.

(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;

(d) An adult sibling who lives in the same household as the children needing care;

(e) Living outside of Washington state and wants to provide care in his or her home;

(f) Disqualified based on the requirements contained in chapter 110-06 WAC; or

(g) 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.

History

Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW, and 42 U.S.C. 9858 et seq. WSR 19-18-081, § 110-16-0010, filed 9/3/19, effective 10/4/19
WSR 18-20-081, § 110-16-0010, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0015 Provider responsibilities.

(1) A 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) A provider must not submit an invoice for more than six children for the same hours of care.

(3) A provider must not care for more than six children, including their own children, at any one time.

(4) Care must be provided in the following locations:

(a) A provider related to the child by marriage, blood relationship, or court decree and who are grandparents, great-grandparents, siblings who live in separate residences, aunts, uncles, great aunts, or great uncles must choose to provide care in either the provider's home or the child's home, with the exception that a provider residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.

(b) A provider 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 a provider residing with a person disqualified under chapter 110-06 WAC must provide care in the child's home.

(5) A provider described in subsection (4)(b) or (c) of this section must:

(a) Complete the department approved training required by WAC 110-16-0025; and

(b) Have an annual technical assistance visit in the home where FFN care is provided.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0015, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW, and 42 U.S.C. 9858 et seq. WSR 19-18-081, § 110-16-0015, filed 9/3/19, effective 10/4/19
WSR 18-20-081, § 110-16-0015, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0025 Health and safety training.

(1) A provider described in WAC 110-16-0015 (4)(b) or (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

(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 disasters 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 described in WAC 110-16-0015 (4)(b) or (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 described in WAC 110-16-0015 (4)(b) or (c) must complete a minimum of two hours of health and safety training annually, using the subsidy payment begin date. The training must include, but is not limited to, one or more of the following:

(a) Prevention and control of infectious diseases;

(b) Emergency preparedness and response planning for natural disasters and human-caused events;

(d) Prevention of sudden infant death syndrome and safe sleep practices, if caring for an infant or toddler.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0025, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq. WSR 18-20-081, § 110-16-0025, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0030 Health and safety activities.

(1) A provider described in WAC 110-16-0015 (4)(b) or (c), must participate in an annual, scheduled visit conducted by department staff in the home where care is provided.

(2) The purpose of the visit 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.

(3) A provider will be considered out of compliance with the requirements of this chapter if, after three attempts, the department is not able to complete an annual, scheduled visit in the home where care is provided.

(4) At the annual, scheduled visit, the provider must show, unless previously provided to the department:

(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 (DOH) certificate of immunization status (CIS) or certificate of exemption (COE) or other DOH 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 emergency preparedness and response plan required in WAC 110-16-0035 (8)(c).

History

Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0030, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW, and 42 U.S.C. 9858 et seq. WSR 19-18-081, § 110-16-0030, filed 9/3/19, effective 10/4/19
WSR 18-20-081, § 110-16-0030, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0035 Health and safety practices.

A provider described in WAC 110-16-0015 (4)(b) or (c), must complete the health and safety training described in WAC 110-16-0025 and comply with the following health and safety practices and criteria:

(1) Promote the prevention and control of infectious diseases by:

(a) Washing their hands thoroughly with soap and warm running water and ensuring the children in their care wash their hands thoroughly with soap and warm running water:

(i) After toileting or assisting a child with toileting;

(ii) After changing a diaper;

(iii) Before eating, preparing, or handling food; and

(iv) After handling bodily fluids such as blood, vomit, or mucus from sneezing, wiping, or blowing noses.

(b) Ensure all bedding used by children is washed weekly and more often as needed when soiled; and

(c) Change diapers on a surface that is easily cleaned and sanitized and located away from food preparation and meal service areas.

(2) Create a safe sleeping environment using the following sleep practices, including sudden infant death syndrome and sudden unexpected infant death syndrome risk reduction:

(a) Infants from birth to twelve months of age must be placed on their backs for resting and sleeping, alone in an approved crib, play yard, or porta-crib;

(b) A tightly fitted bottom sheet must cover the crib or mattress with no additional padding placed between the sheet and the mattress;

(c) Soft objects, bumper pads, stuffed toys, blankets, quilts or comforters, pillows, and other objects that could smother an infant must not be placed with, under, or within reach of a resting or sleeping infant;

(d) Blankets must not be draped over cribs or play yards while they are in use; and

(e) Infants' bottles must not be propped or placed in the crib with a resting or sleeping infant.

(3) Prevent shaken baby syndrome, abusive head trauma, and child maltreatment by:

(a) Not shaking, throwing, hitting, or otherwise intentionally inflicting harm, pain, or humiliation upon an infant or child in care; and

(b) Taking steps to prevent the physical discipline of children in their care. Steps may include, but are not limited to, seeking support from another adult or a parenting helpline when feeling stressed, overwhelmed, or unreasonably frustrated due to a child's behavior, for example, during times of inconsolable crying or toileting accidents; and

(4) 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 of RCW 26.44.030.

(5) Medication administration.

(a) A provider must have parents inform them of any known food allergies of children in care, steps to take to avoid the allergens, specific symptoms that indicate the need for treatment, and how to respond to allergic reactions;

(b) A child's parent, or their 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, signed by the provider and parent, and kept in the home where care is provided;

(c) A provider must not give medication to any child in care without written and signed consent from the child's parents or health care providers. Medication must be given according to the directions on the medication label using appropriately cleaned and sanitized medication measuring devices;

(d) A provider must not give or allow others to give any medication to a child in care 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;

(e) Medication must be stored and maintained as directed on the packaging or prescription label, including applicable refrigeration requirements; and

(f) Within one hour of treating a child for signs or symptoms of an allergic reaction, a provider must notify the child's parent.

(6) Indoor building and physical premises safety.

(a) A provider must visually scan indoor areas to identify potential child safety hazards, and, if care is provided in the child's home, discuss removing or reducing identified hazards with parent. If it is not possible for a provider to immediately correct or make a hazard inaccessible to a child, the provider must supervise the child to avoid injury from the 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;

(xv) Windows, stairways, steps, or porches from which children could fall; and

(xvi) Electrical outlets, power strips, exposed wires, and electrical/extension cords.

(b) During care hours, providers must ensure that no one in the presence of the children, including themselves:

(i) Possesses or use illegal drugs;

(ii) Consumes or use alcohol or cannabis products in any form;

(iii) Is under the influence of alcohol, cannabis products in any form, illegal drugs, or misused prescription drugs; and

(iv) Smokes or vapes in the home, vehicle, or in close proximity to a child.

(7) Outdoor building and physical premises safety. A provider must visually scan outdoor play areas to identify potential child safety hazards, and, if care is provided in the child's home, discuss removal or reduction of identified hazards with the parents. If it is not possible for a 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.

(8) Emergency preparedness and response planning.

(a) A provider must visually scan indoor and outdoor areas to identify potential fire or burn hazards and, if care is provided in the child's home, discuss the removal or reduction of identified hazards with the parents. If it is not possible for a provider to immediately correct or make identified hazards completely inaccessible to a child in care, the provider must supervise the children 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, a provider's first responsibility is to evacuate the children in care to a safe gathering spot outside the home and then call 911;

(d) A provider and parent must have an agreed upon written home emergency preparedness and response plan that includes procedures for evacuation relocation, and locking down or sheltering-in-place. The plan must include at least a:

(i) Floor plan of the home where care is provided that shows emergency exit pathways, doors, and windows;

(ii) Description of how all children in care will be evacuated, especially those who cannot walk;

(iii) Description of how all children in care will be accounted for after they are evacuated from the home;

(iv) Designated, safe gathering spot or alternative short-term location for the children and provider pending arrival of the fire department, emergency response, or parents;

(v) Description of what to take when evacuating, such as a first aid kit, medications, water, and food; and

(vi) Description of how parents will be contacted after the emergency is over to arrange for pick-up of children, if needed.

(e) To be properly prepared to respond to emergencies both at and away from the home where care is provided, a provider must have readily available and easily accessible supplies that include:

(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, a three-day supply of medication required by individual children, and supplies for any infants in care such as formula, diapers, wipes, and bags for used diapers.

(f) A provider must practice emergency preparedness and response plans with the children as follows:

(i) Evacuation and relocation drills once every six calendar months; and

(ii) A lockdown or shelter-in-place drill annually.

(9) Child transportation.

(a) A provider must 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) When caring for children, a provider must:

(i) Drive only with a valid driver's license;

(ii) Have in effect a current motor vehicle insurance policy that provides coverage for the driver, the vehicle, and all other occupants;

(iii) Ensure that children are accounted for when entering and exiting a vehicle for transport to and from any destination; and

(iv) Never leave children unattended in a vehicle.

(10) Supervision of children.

(a) A provider must supervise children during care hours. Supervising children requires a 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;

(D) Risks associated with the children's activities.

(b) A 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 where care is provided;

(v) Engage in activities in the kitchen;

(vi) Ride on public transportation;

(vii) Engage in outdoor play; and

(viii) Participate in field trips.

(i) Diapering;

(ii) Bottle feeding; or

(iii) Tummy time.

(d) A 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.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0035, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW, and 42 U.S.C. 9858 et seq. WSR 19-18-081, § 110-16-0035, filed 9/3/19, effective 10/4/19
WSR 18-20-081, § 110-16-0035, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0040 Compliance.

(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 FFN compliance agreement for the purpose of correcting noncompliance issues;

(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 FFN compliance agreement 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;

(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 agreement; 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.

History

Statutory Authority: RCW 43.216.055, 43.216.065 and chapter 43.216 RCW. WSR 21-15-022, § 110-16-0040, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, chapter 43.216 RCW and 42 U.S.C. 9858 et seq. WSR 18-20-081, § 110-16-0040, filed 10/1/18, effective 11/1/18.

Wash. Admin. Code § 110-16-0045 Waiver from department rules—WAC.

(1) The department may grant a request for a waiver if the proposed waiver provides clear and convincing evidence that the health, welfare, and safety of all WCCC eligible children in their care is not jeopardized.

(2) The department cannot waive the following:

(a) Requirements described in a federal statute.

(b) Requirements described in a Washington state statute.

(c) State and federal regulations and policies that must be followed by FFN participants and that are referenced in the state plan. If authorized by the state plan, such requirements, regulations, and policies may be waived by DCYF.

(d) Requirements described in a state rule or regulation that is not codified in Title 110 WAC.

(3) The department may approve a waiver from a rule in this chapter if:

(a) The waiver does not jeopardize the health, safety, and welfare of the WCCC-eligible children in care; and

(b) The waiver is not in conflict with the requirements described in subsection (2) of this section.

(4) An FFN provider's request for a waiver from a rule in this chapter must be:

(a) Submitted in writing on the department's form to the department's license exempt team;

(b) Approved in writing by the department secretary or the secretary's designee prior to the FFN provider implementing the waiver from the rule; and

(5) A granted waiver may be time specific or may remain in effect for as long as the FFN provider continues to comply with the conditions of the waiver. If the waiver from the rule is time limited, the FFN provider must not exceed the time frame established by the department.

(6) The department may revoke a granted waiver if a rule in this chapter was considered in granting the waiver and the rule is materially altered or amended.

(7) An FFN provider does not have the right to appeal the department's disapproval of a waiver request to the office of administrative hearings under chapter 110-03 WAC (Administrative hearings). An FFN provider may request a management review of the disapproval using a department-provided form.

History

Statutory Authority: 42 U.S.C. 9858, RCW 43.216.055, and 43.216.065. WSR 22-23-094, § 110-16-0045, filed 11/15/22, effective 12/16/22.

Chapter 110-30 Child protective services.

Wash. Admin. Code § 110-30-0010 What is the child protective services program?

(1) Child protective services (CPS) means those services provided by the department of children, youth, and families designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports (RCW 26.44.020 (12) and (17)).

(2) CPS may include the following:

(a) Investigation of reports of alleged child abuse or neglect.

(b) Assessment of risk of abuse or neglect to children.

(c) Provision of and/or referral to services to remedy conditions that endanger the health, safety, and welfare of children.

(d) Referral to law enforcement when there are allegations that a crime against a child (RCW 26.44.030(4) and 74.13.031(3)) might have been committed.

(e) Out-of-home placement and petitions to courts when necessary to ensure the safety of children.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0010, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-001, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0020 Definitions.

The following definitions apply to this chapter.

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Administrative hearing" means a hearing held before an administrative law judge and conducted according to chapter 34.05 RCW and chapter 110-03 WAC.

"Administrative law judge (ALJ)" means an impartial decision-maker who is an attorney and presides over an adjudicative proceeding resulting in an initial order, or resulting in a final order if no appeal of the initial order is properly made or if no further agency appeal is available.

"Alleged perpetrators" means individuals identified in CPS referrals as being responsible for the alleged abuse or neglect of children or youth.

"Alternative response system" means a contracted provider in a local community that responds to accepted CPS referrals that are rated low or moderately low risk at the time of intake.

"Appellants" means individuals who request administrative hearings to appeal CPS findings.

"Behavioral health services" means the same as defined in RCW 71.24.025.

"Child protection team (CPT)" means a multidisciplinary group of individuals with at least four from professions that provide services to abused or neglected children or youth and their parents or guardians.

"Child protective services (CPS)" means the same as defined in RCW 26.44.020.

"Department" or "DCYF" means the Washington state department of children, youth, and families.

"Findings" means the final decisions made by the department after investigations regarding alleged abuse or neglect of children or youth.

"Founded" means the same as defined in RCW 26.44.020.

"Host homes" means the same as defined in RCW 74.15.020.

"Inconclusive" means the determination following an investigation by CPS, prior to October 1, 2008, that based on available information a decision cannot be made that more likely than not, abuse or neglect of children or youth did or did not occur. Beginning October 1, 2008, the department no longer makes inconclusive findings, but retains such findings made prior to that date as provided in these rules.

"Licensing division (LD)" means the division within the department that supports child safety and well-being through licensing, monitoring compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians.

"Mandated reporters" means individuals required to report alleged abuse or neglect of children or youth as outlined in RCW 26.44.030.

"Preponderance of evidence" means the evidence presented in hearings that indicate more likely than not the abuse or neglect of children or youth did occur.

"Residential private schools" means the same as defined in RCW 26.44.210.

"Screened-out report" means the same as defined in RCW 26.44.020.

"Substance use disorder" means the same as defined in RCW 71.24.025.

"Unfounded" means the same as defined in RCW 26.44.020.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-30-0020, filed 4/14/26, effective 5/15/26. Statutory Authority: Chapter 26.44 RCW, RCW 43.216.906, 74.13.031, 74.04.050, and 2023 c 441. WSR 23-24-043, § 110-30-0020, filed 11/30/23, effective 12/31/23. Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0020, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 08-18-040, § 388-15-005, filed 8/28/08, effective 10/1/08
WSR 02-15-098 and 02-17-045, § 388-15-005, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0030 Abuse or neglect of children and youth.

The department determines whether children or youth have been abused or neglected based on RCW 26.44.020 and the following:

(1) Physical abuse means the nonaccidental infliction of physical injury or physical mistreatment on a child or youth that harms their health, welfare, or safety. It includes, but is not limited to:

(a) Throwing, kicking, burning, or cutting a child or youth;

(b) Striking a child or youth with a closed fist;

(d) Interfering with a child's or youth's breathing;

(e) Threatening a child or youth with a deadly weapon;

(f) Performing female genital mutilation as defined in RCW 18.130.460; or

(g) Doing any other act that is likely to cause and that does cause bodily harm greater than transient pain or minor temporary marks or that is injurious to the child's or youth's health, welfare, or safety;

(2) Physical discipline of a child or youth, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child or youth. Factors considered when determining whether bodily harm was not reasonable or moderate include, but are not limited to:

(a) The age, size, and condition of the child or youth;

(b) The location of any inflicted injury;

(d) The nature of the child's or youth's misconduct; and

(e) Whether a parent or guardian believes that it is necessary to punish a child or youth with the use of excessive or unreasonable force;

(3) Sexual abuse means:

(a) Committing or allowing any sexual offense to be committed against a child or youth as defined in the criminal code;

(b) Intentionally touching, either directly or over the clothing, of the sexual or other intimate parts of a child or youth. Exceptions include the following who may touch a child or youth in the sexual or other intimate parts for the purposes of providing hygienic care or medical treatment and diagnosis:

(i) Parents or guardians of a child or youth;

(ii) Individuals authorized by the parents or guardians to provide care for the child or youth; or

(iii) Individuals providing medically recognized services for the child or youth; or

(c) Intentionally allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child or youth to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the individual touching the child or youth, the child or youth, or a third party;

(4) Trafficking means the same as defined in RCW 9A.40.100 and includes the following as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C. Sec. 7101 et. seq.:

(a) Sex trafficking includes harboring, transporting, provision, obtaining, patronizing, or soliciting an individual for the purpose of a commercial sex act; and

(b) Severe forms of trafficking in persons includes:

(i) Recruiting, harboring, transporting, provision, or obtaining individuals for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery, commonly known as labor trafficking; or

(ii) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or the individual persuaded to perform the act is under 18 years old;

(5) Sexual exploitation means the same as defined in RCW 26.44.020, which includes commercial sexual exploitation. Actions include, but are not limited to, allowing, compelling, encouraging, aiding, or otherwise causing a child or youth to participate in one or more of the following:

(a) Any sex act that includes giving or receiving anything of value to any individual for the sex act;

(b) Sexually explicit, obscene, or pornographic activity to be photographed, filmed, or electronically reproduced or transmitted; or

(c) Sexually explicit, obscene, or pornographic activity as part of a live performance or for the benefit or sexual gratification of another individual; and

(6) Negligent treatment or maltreatment means the same as defined in RCW 26.44.020. Suspected or diagnosed disabilities do not, in and of itself, constitute negligent treatment or maltreatment. A child or youth does not have to suffer actual damage or physical or emotional harm to be in circumstances that create a clear and present danger to their health, welfare, or safety. Negligent treatment or maltreatment may include, but is not limited to:

(a) Failure to provide adequate food, shelter, clothing, supervision, or health care;

(b) Actions, failures to act, or omissions that result in injury or risk of injury to the physical, emotional,or cognitive development of a child or youth including, but is not limited to, allowing, permitting, compelling, encouraging, aiding in female genital mutilation as defined in RCW 18.130.460;

(c) The cumulative effects of a pattern of conduct, behavior, or inaction by a parent or guardian in providing for the physical, emotional or developmental needs of the child or youth; or

(d) The effects of chronic failure on the part of a parent or guardian to perform basic parental functions, obligations, or duties that causes injury or substantial risk of injury to the physical, emotional, or cognitive development of the child or youth.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-30-0030, filed 4/14/26, effective 5/15/26. WSR 18-14-078, recodified as § 110-30-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 74.04.050, 74.13.031, and chapter 26.44 RCW. WSR 17-22-059, § 388-15-009, filed 10/26/17, effective 11/26/17. Statutory Authority: RCW 74.08.090, 74.04.050, 74.13.031, chapter 26.44 RCW, and 2005 c 512. WSR 07-14-011, § 388-15-009, filed 6/22/07, effective 7/23/07. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-009, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0040 What is child abandonment?

(1) A Parent or guardian abandons a child when the parent or guardian is responsible for the care, education, or support of a child and:

(a) Deserts the child in any manner whatever with the intent to abandon the child;

(b) Leaves a child without the means or ability to obtain one or more of the basic necessities of life such as food, water, shelter, clothing, hygiene, and medically necessary health care; or

(c) Forgoes for an extended period of time parental rights, functions, duties and obligations despite an ability to exercise such rights, duties, and obligations.

(2) Abandonment of a child by a parent may be established by conduct on the part of a parent or guardian that demonstrates a substantial lack of regard for the rights, duties, and obligations of the parent or guardian or for the health, welfare, and safety of the child. Criminal activity or incarceration of a parent or guardian does not constitute abandonment in and of themselves, but a pattern of criminal activity or repeated or long-term incarceration may constitute abandonment of a child.

History

WSR 18-14-078, recodified as § 110-30-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-011, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0050 Who may receive child protective services?

Children and families may receive child protective services when there is an allegation that a child has been abused or neglected:

(1) By a parent, legal custodian, or guardian of the child;

(2) While attending the Washington center for deaf and hard of hearing youth;

(3) While attending the state school for the blind;

(4) In a state-operated facility;

(5) In a DCYF or DSHS licensed or certified facility including, but not limited to:

(a) Substance use disorder treatment facilities licensed under chapter 71.24 RCW that treat patients on a residential basis; and

(b) Entities that provide behavioral health services on a residential basis;

(6) By persons or agencies subject to licensing under chapter 74.15 RCW, including, but not limited to:

(a) Host homes; and

(b) Individuals employed by or volunteers of such facilities; and

(7) In residential private schools.

History

Statutory Authority: Chapter 26.44 RCW, RCW 43.216.906, 74.13.031, 74.04.050, and 2023 c 441. WSR 23-24-043, § 110-30-0050, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-30-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-013, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0060 What is the responsibility of CPS regarding reports of abuse or neglect?

(1) CPS must record a report from any source alleging child abuse or neglect.

(2) CPS must determine whether alleged incidents or conditions meet the definitions of child abuse or neglect in this chapter or in chapter 26.44 RCW.

(3) CPS must assess or investigate all reports of alleged child abuse or neglect that meet the definitions of child abuse or neglect contained in this chapter or in chapter 26.44 RCW.

(4) CPS must investigate anonymous reports only as provided in RCW 26.44.030(15).

(5) CPS must maintain a record of reports received that are not investigated because they do not meet the definitions of child abuse or neglect as defined in RCW or this chapter.

(6) CPS must report to law enforcement per RCW 26.44.030(4) and 74.13.031.

History

WSR 18-14-078, recodified as § 110-30-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-017, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0070 CPS responses to reports of alleged abuse or neglect of children and youth.

The department:

(1) Must:

(a) Complete the following when responding to reports of allegations of abuse or neglect:

(i) Assess all reports of alleged abuse or neglect as defined in WAC 110-30-0030 using a risk assessment process to determine program type, risk level, and response time;

(ii) Provide an in-person response to:

(A) Alleged victims or identified children or youth within the following time frames from the date and time the report was received:

(I) Twenty-four hours for emergent reports; and

(II) Seventy-two hours for nonemergent reports; and

(B) Alleged subjects of abuse or neglect, if possible;

(iii) Make reasonable efforts to have an adult third party present at the child's or youth's interview if the presence of a third party does not interfere with the investigation, unless the child or youth objects;

(iv) Audio record interviews with alleged victims of abuse or neglect when there are serious allegations of sexual and physical abuse; and

(v) Photograph the alleged children or youth victims to document their physical condition, per RCW 26.44.050, if applicable; and

(b) Attempt to complete investigations within 60 calendar days, but not exceed beyond 90 calendar days unless:

(i) The investigation is being conducted under local county protocol, per chapter 26.44 RCW; or

(ii) A law enforcement agency or prosecuting attorney has determined a longer investigation period is necessary; and

(2) May interview children or youth outside the presence of their parents or guardians without prior notification or consent.

History

Statutory Authority: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, and 74.04.050. WSR 26-09-079, s 110-30-0070, filed 4/14/26, effective 6/5/26. WSR 18-14-078, recodified as § 110-30-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapter 26.44 RCW, RCW 74.08.090, 74.13.031, 74.04.050, and 2007 c 220. WSR 09-07-001, § 388-15-021, filed 3/4/09, effective 4/4/09. Statutory Authority: RCW 74.13.031, 74.04.050 and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-021, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0080 What special requirements must CPS follow for Indian children?

(1) These special requirements apply to children defined as Indians in WAC 110-110-0010.

(2) The caseworker must document in case records efforts to keep Indian families together and to avoid separating the Indian child from the child's parents, relatives, tribe or cultural heritage as per RCW 26.44.010 and WAC 110-110-0010.

(3) In alleged child abuse and neglect situations, the caseworker must document in case records, efforts to utilize staff and services particularly capable of meeting the special needs of Indian children and their families, in consultation with the child's tribe or local Indian child welfare advisory committee per WAC 110-110-0060 through 110-110-0100.

(4) The caseworker will promptly advise the tribal council and the local Indian child welfare advisory committee that a child affiliated with the tribe is the victim of substantiated child abuse or neglect. The provisions of RCW 26.44.070, WAC 110-110-0100, limiting who has access to confidential information, must be followed in all cases.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0080, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-025, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0090 What information may CPS share with mandated reporters?

(1) CPS in the conduct of ongoing case planning and consultation with those persons or agencies required to report alleged child abuse or neglect under RCW 26.44.030 and with consultants designated by CPS, may share otherwise confidential information with such persons, agencies, and consultants if the confidential information is pertinent to cases currently receiving child protective services.

(2) When CPS receives a report of alleged child abuse or neglect, mandated reporters, as identified in RCW 26.44.030, and their employees must provide upon request by CPS, all relevant records in their possession related to the child (RCW 26.44.030).

History

WSR 18-14-078, recodified as § 110-30-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-029, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0100 When will CPS involve local community resources?

(1) CPS may use local community resources to respond to reports of abuse or neglect when the department's assessment of risk determines that a community response is in the best interest of the child and family.

(2) CPS may involve local community resources in the planning and provision of services to help remedy conditions that contribute to the abuse or neglect of children.

(3) CPS must have community based child protective teams (CPT) available for staffing and consultation regarding cases of child abuse or neglect. CPS must present cases for staffing with the CPT in accordance with executive order 95-04 and department procedures.

(4) There are special requirements for staffing Indian children cases with the local Indian child welfare advisory committee (WAC 110-110-0060).

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0100, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-033, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0110 Under what circumstances may CPS place a child in out-of-home care?

(1) When CPS determines that a child is at risk of serious harm in the care of the parent, legal custodian, or guardian CPS may seek an out-of-home placement for the child. Before placing a child in out-of-home care one of the following must be in place:

(a) A court order directing that the child be placed in out-of-home care (RCW 13.34.050); or

(b) A law enforcement officer placing the child in protective custody (RCW 26.44.050); or

(c) A physician or hospital administrator detaining a child and CPS assuming custody until a court hearing is held (RCW 26.44.056); or

(d) A voluntary placement agreement signed by the child's parent, guardian, or legal custodian. Voluntary placements of Indian children must comply with RCW 13.34.245.

(2) CPS must attempt to place the child with a relative willing and available to care for the child, unless there is reasonable cause to believe that the health, safety and welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered (RCW 13.34.060). If a relative appears suitable and competent with good character to provide adequate care, the background check of a relative shall be completed as soon as possible after the child is placed (RCW 74.15.030).

History

WSR 18-14-078, recodified as § 110-30-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-037, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0120 When will CPS involve the juvenile court?

CPS may file a dependency petition with the juvenile court when CPS determines that court intervention is necessary for protection of the child.

(1) CPS must file a dependency petition with the juvenile court when a child is to remain in out of home care beyond seventy-two hours (excluding Saturdays, Sundays, and holidays) unless the child's parent or legal custodian signs a voluntary placement agreement.

(2) CPS must make reasonable efforts to notify both parents, guardians, and any legal custodian(s) that a dependency petition has been filed. The notice must inform these parties of the date, time, and location of the initial shelter care hearing and of the parent(s) and any legal custodian's legal rights. If the court has entered an order for the out-of-home placement of the child, a hearing shall be held within seventy-two hours, excluding Saturdays, Sundays, and holidays.

(3) Whenever CPS assumes custody of a child from law enforcement, and places the child in out of home care, a court hearing must be held within seventy-two hours from the time the child is taken into protective custody, excluding Saturdays, Sundays and holidays.

(4) Whenever CPS assumes custody from a physician or a hospital administrator and places the child in out-of-home care, a court hearing must be held within seventy-two hours from the time CPS assumes custody of the child, excluding Saturdays, Sundays, and holidays.

History

WSR 18-14-078, recodified as § 110-30-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-041, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0130 What are the department's responsibilities regarding notification of the parent or legal custodian in child protective services cases?

CPS must notify the parent, guardian, or legal custodian of a child at the earliest possible point that will not jeopardize the investigation or the safety or protection of the child when:

(1) CPS is investigating a report alleging an act or acts of child abuse or neglect, and:

(a) The child is alleged to be the victim; and/or

(b) CPS interviews a child in relation to an alleged act of child abuse or neglect.

(2) CPS takes a child into custody pursuant to a court order issued under RCW 13.34.050.

(3) CPS receives custody of a child from law enforcement pursuant to RCW 26.44.050.

(4) CPS files a dependency petition.

History

WSR 18-14-078, recodified as § 110-30-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-045, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0140 When must the department notify the parent, guardian or legal custodian of allegations of child abuse or neglect made against them?

The department must notify the parent, guardian or legal custodian of a child of the allegations of child abuse or neglect made against that person at the initial point of contact with that person, in a manner consistent with the laws maintaining the confidentiality of the persons making the allegations. Investigations of child abuse and neglect should be conducted in a manner that will not jeopardize the safety or protection of the child or the integrity of the investigation process.

History

WSR 18-14-078, recodified as § 110-30-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 74.04.050, 74.13.031, chapter 26.44 RCW, and 2005 c 512. WSR 07-14-011, § 388-15-049, filed 6/22/07, effective 7/23/07. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-049, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0150 What steps must the department take to provide an opportunity for the parent(s), guardian, or legal custodian(s) to review case information?

To provide an opportunity for the parent(s), guardian, or legal custodian(s) to review case information, CPS must give such person the opportunity to read or obtain relevant parts of the case record, provided the person or persons have requested access to the information and the law does not otherwise prohibit such access (RCW 13.50.100).

History

WSR 18-14-078, recodified as § 110-30-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-053, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0160 What limitations does the department have on the disclosure of case information?

Information obtained by CPS is confidential pursuant to federal and state law. The department may only disclose case record information as permitted by applicable statutes and the provisions of chapter 110-01 WAC.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0160, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-057, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0170 What is the purpose of these rules?

The purpose of these rules is to describe:

(1) The procedures for notifying the alleged perpetrator of any findings made by a CPS caseworker in an investigation of suspected child abuse or neglect; and

(2) The process for challenging a founded CPS finding of child abuse or neglect (RCW 26.44.100 and 26.44.125).

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0170, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-061, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0180 Does CPS have to notify the alleged perpetrator of the results of CPS investigation?

CPS has the duty to notify the alleged perpetrator in writing of any finding made by CPS in any investigation of suspected child abuse and/or neglect.

History

WSR 18-14-078, recodified as § 110-30-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-065, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0190 How does CPS notify the alleged perpetrator of the finding?

(1) CPS notifies the alleged perpetrator of the founded finding by sending the CPS finding notice via certified mail, return receipt requested, to the last known address. CPS must make a reasonable, good faith effort to determine the last known address or location of the alleged perpetrator.

(2) CPS notifies the alleged perpetrator of the unfounded finding by sending the CPS finding notice via mail, to the last known address, or email. CPS must make a reasonable, good faith effort to determine the last known address or location of the alleged perpetrator.

(3) When CA is actively working with the alleged perpetrator and the certified mail sent pursuant to subsection (1) of this section is returned, CA will attempt to personally serve the CPS founded findings letter to the alleged perpetrator.

History

WSR 18-14-078, recodified as § 110-30-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 26.44.100, 74.13.031, and chapter 26.44 RCW. WSR 18-01-047, § 388-15-069, filed 12/12/17, effective 1/12/18. Statutory Authority: RCW 26.44.100 and P.L. 93-247, P.L. 111-320. WSR 15-16-041, § 388-15-069, filed 7/28/15, effective 8/28/15. Statutory Authority: RCW 26.44.100. WSR 15-01-099, § 388-15-069, filed 12/17/14, effective 1/17/15. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-069, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0200 What information must be in the CPS finding notice?

The CPS finding notice must inform the alleged perpetrator of the department's investigative finding, including the legal basis for the findings and sufficient factual information to apprise the alleged perpetrator of the date and nature of the founded reports. The notice must also contain the following:

(1) The alleged perpetrator may submit to CPS a written response regarding the CPS finding. If a response is submitted, CPS must file this response in the department's records.

(2) Information in the department's records may be considered in later investigations or proceedings relating to child protection or child custody.

(3) Founded CPS findings may be considered in determining:

(a) If an alleged perpetrator is qualified to be licensed to care for children or vulnerable adults;

(b) If an alleged perpetrator is qualified to be employed by a child care agency or facility;

(c) If an alleged perpetrator may be authorized or funded by the department to provide care or services to children or vulnerable adults.

(4) The alleged perpetrator's right to challenge a founded CPS finding.

History

WSR 18-14-078, recodified as § 110-30-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-073, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0210 What happens to unfounded CPS findings?

(1) Beginning October 1, 2008, the department will no longer make inconclusive findings, but will retain and destroy such findings made prior to that date as provided in these rules.

(2) An unfounded, screened-out, or inconclusive allegation of child abuse or neglect may not be disclosed to a child placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.

(3) At the end of three years from the receipt of a screened-out report that alleged child abuse or neglect, the department must destroy its records relating to that report.

(4) At the end of six years from the date of the completion of an investigation of a report of child abuse or neglect, the department must destroy records relating to unfounded or inconclusive reports, unless a prior or subsequent founded report has been received regarding the child who is the subject of the report, a sibling or half-sibling of the child, or a parent, guardian, or legal custodian of the child, before records are destroyed.

(5) The department must retain records relating to founded reports of child abuse and neglect as required by DCYF records retention policies. If dependency is established under chapter 13.34 RCW as to a child who is subject of a report of child abuse or neglect, all records relating to the child or the child's parent, guardian, or legal custodian, including any screened-out, unfounded or inconclusive reports not destroyed prior to the establishment of dependency or received after dependency was established, will be retained as required by DCYF records retention policies regarding dependency records.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0210, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 08-18-040, § 388-15-077, filed 8/28/08, effective 10/1/08
WSR 02-15-098 and 02-17-045, § 388-15-077, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0220 Can an alleged perpetrator challenge a CPS finding of child abuse or neglect?

A person named as an alleged perpetrator in a founded CPS report made on or after October 1, 1998, may challenge that finding.

History

WSR 18-14-078, recodified as § 110-30-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-081, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0230 How do alleged perpetrators challenge their founded CPS findings?

(1) Alleged perpetrators must request a review of their founded finding in writing by following the instructions in the founded finding letter.

(2) Alleged perpetrators must request the CPS review of their founded CPS finding notice within 30 calendar days from the date they received it. Alleged perpetrators may not further challenge the findings, if requests are not made within 30 days of receipt.

History

Statutory Authority: RCW 26.44.125(7). WSR 22-17-011, § 110-30-0230, filed 8/4/22, effective 9/4/22. WSR 18-14-078, recodified as § 110-30-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 26.44.125 (2) and (4). WSR 13-17-126, § 388-15-085, filed 8/21/13, effective 9/21/13. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-085, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0240 What happens if the alleged perpetrator does not request CPS to review the founded CPS finding within thirty days?

(1) If the alleged perpetrator does not submit a written request within thirty calendar days for CPS to review the founded CPS finding, no further review or challenge of the finding may occur.

(2) If the department has exercised reasonable, good faith efforts to provide notice of the CPS finding to the alleged perpetrator, the alleged perpetrator shall not have further opportunity to request a review of the finding beyond thirty days from the time the notice was sent.

History

WSR 18-14-078, recodified as § 110-30-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 26.44.100. WSR 15-01-099, § 388-15-089, filed 12/17/14, effective 1/17/15. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-089, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0250 What happens after the alleged perpetrator requests CPS to review the founded CPS finding of child abuse or neglect?

(1) CPS management level staff or their designees who were not involved in the decision making process will review the founded CPS finding of child abuse or neglect. The management staff will consider the following information:

(a) CPS records;

(b) CPS summary reports; and

(c) Any written information the alleged perpetrator may have submitted regarding the founded CPS finding of abuse or neglect.

(2) Management staff may also meet with the CPS caseworker or CPS supervisor to discuss the investigation finding. After review of all this information, management staff decides if the founded CPS finding is correct or if it should be changed.

(3) Management staff must complete their review of the founded CPS finding within thirty calendar days from the date CPS received the written request for review.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0250, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 26.44.125 (2) and (4). WSR 13-17-126, § 388-15-093, filed 8/21/13, effective 9/21/13. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-093, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0260 How does CPS notify the alleged perpetrator of the results of the CPS management review?

CPS will notify the alleged perpetrator in writing of the results of the CPS management review. CPS will send this notice to the last known address of the alleged perpetrator by certified mail, return receipt requested. The notice of the CPS management review decision will also contain information regarding how to request a hearing.

History

WSR 18-14-078, recodified as § 110-30-0260, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-097, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0270 What happens if CPS management staff changes the founded CPS finding?

If CPS management staff changes the founded CPS finding, CPS notifies the alleged perpetrator that the department has changed the finding to either inconclusive or unfounded. CPS management staff or their designee must correct the department's records to show the changed finding.

History

WSR 18-14-078, recodified as § 110-30-0270, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-101, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0280 What happens if CPS management does not change founded CPS findings after their reviews?

(1) If CPS management does not change founded CPS findings after their review, alleged perpetrators have the right to further challenge CPS management's decision by requesting an administrative hearing.

(2) Requests for administrative hearings must be in writing and filed with the office of administrative hearings (OAH) as instructed in the notice of the CPS management review decision.

(3) Requests for administrative hearings with the OAH must be filed within 30 calendar days from the date that the alleged perpetrators received the CPS management review decision.

History

Statutory Authority: RCW 26.44.125(7). WSR 22-17-011, § 110-30-0280, filed 8/4/22, effective 9/4/22. Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0280, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-105, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0290 What laws and rules will control the administrative hearings held regarding the founded CPS findings?

Chapter 34.05 RCW, RCW 26.44.100 and 26.44.125, chapter 110-03 WAC, and the provisions of this chapter govern any administrative hearing regarding a founded CPS finding. In the event of a conflict between the provisions of this chapter and chapter 110-03 WAC, the provisions of this chapter must prevail.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0290, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0290, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-109, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0300 What effect does a petition for dependency have on an administrative hearing?

(1) If a dependency petition, based on chapter 13.34 RCW, regarding the alleged abuse or neglect has been filed, the administrative hearing must be stayed (postponed) until the superior court has entered an order and findings regarding the dependency petition.

(2) The ALJ must consider any superior court dependency findings and order relating to the alleged abuse or neglect.

(3) If the superior court has entered findings that the alleged perpetrator was the person responsible for the alleged child abuse or neglect, the ALJ must uphold the CPS finding. The ALJ must reiterate the court ruling and incorporate that ruling in the decision issued by the ALJ.

History

WSR 18-14-078, recodified as § 110-30-0300, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-113, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0310 What factors must the ALJ consider in order for the alleged abused and/or neglected child to testify at the administrative hearing?

(1) The ALJ must give special consideration to any request by a party for the alleged abused or neglected child to testify in order to protect the physical and emotional well being of the child. For the protection of the child, the ALJ must determine:

(a) If compelling reasons exist to have the child testify. If compelling reasons do exist, the ALJ must consider alternative methods to in-person testimony by the child. Such methods may include, but are not limited to, having the child testify by telephone or videotape; or

(b) If the rights of a party (either the appellant or DSHS) would be prejudiced by not having the child testify in person. If a party's rights would be prejudiced, the ALJ must consider other methods to hear the child's testimony without having the child directly confront the alleged perpetrator.

(2) If the child does testify at the hearing, the ALJ must include a written finding in the administrative hearing decision regarding the compelling reasons for the child's testimony and what alternative methods to in-person testimony the ALJ considered.

History

WSR 18-14-078, recodified as § 110-30-0310, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-117, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0320 Are there issues the ALJ may not rule upon during an administrative hearing regarding a founded CPS finding?

In any administrative hearing regarding a founded CPS finding, an ALJ may not rule upon the department's decisions regarding the following:

(1) Placement of the alleged abused or neglected child;

(2) Risk assessments used in making placement decisions regarding the alleged abused and/or neglected child; or

(3) Service plans for the alleged perpetrator and/or alleged abused or neglected child.

History

WSR 18-14-078, recodified as § 110-30-0320, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-121, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0330 Are the administrative hearings open to the public?

Based on RCW 26.44.125, any administrative hearing regarding founded CPS findings is confidential and must not be open to the public.

History

WSR 18-14-078, recodified as § 110-30-0330, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-125, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0340 How does the ALJ make a decision regarding the founded CPS finding?

(1) The ALJ must decide if a preponderance of the evidence in the hearing record supports a determination that the alleged perpetrator committed an act of abuse or neglect of a child.

(2) If the ALJ determines that a preponderance of the evidence in the hearing record supports the founded CPS finding, the ALJ must uphold the finding.

(3) If the ALJ determines that the founded CPS finding is not supported by a preponderance of the evidence in the hearing record, the ALJ must remand the matter to the department for a change of the finding consistent with the ruling of the ALJ.

History

WSR 18-14-078, recodified as § 110-30-0340, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-129, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0350 How will the appellant be notified of the ALJ's decision?

After the administrative hearing, the ALJ will send a written decision to the appellant and the department.

History

WSR 18-14-078, recodified as § 110-30-0350, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-133, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0360 What if the appellant or the department disagrees with the decision?

If the appellant or the department disagrees with the ALJ's decision, either party may challenge this decision according to the procedures contained in chapter 34.05 RCW and chapter 110-03 WAC.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0360, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0360, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-135, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0370 What happens if the ALJ rules against the department?

If the department challenges the ALJ's decision, the department will not change the finding in the department's records and the finding will remain in effect pending the final decision from the department's challenge. If the department does not challenge the ALJ's decision, the department will correct the finding in the department's records consistent with the ALJ's decision.

History

WSR 18-14-078, recodified as § 110-30-0370, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 74.04.050, and chapter 26.44 RCW. WSR 02-15-098 and 02-17-045, § 388-15-141, filed 7/16/02 and 8/14/02, effective 2/10/03.

Wash. Admin. Code § 110-30-0390 Services to individuals released from mental hospitals or in danger of requiring commitment to such institutions.

(1) These services are those services necessary to enable eligible individuals age 65 or over to remain in the community in lieu of care in a mental hospital, or upon release from a mental hospital, to return to and live in the community. Services may also be provided to recipients of AFDC who are being released from mental institutions.

(2) Necessary adult services will be provided to beneficiaries of SSI, recipients of Title XIX, and other individuals whose income does not exceed the standard in WAC 388-15-020 who:

(a) Are released from a mental hospital; or

(b) Need alternate care to continue to live in the community.

(3) Services provided to accomplish the objective to assist the recipient to maintain or be restored to the greatest possible degree of independent functioning and self help are any appropriate adult services described in WAC 110-30-0270 through 110-30-0390.

(4) Services provided to accomplish this objective for recipients of AFDC age twenty-one or under being released from mental institutions are any appropriate family or children's service described in WAC 110-30-0370 through 110-30-0390.

(5) See also chapter 182-513 WAC.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0390, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-30-0390, filed 6/29/18, effective 7/1/18. Order 1088, § 388-15-400, filed 1/19/76.

Chapter 110-40 Family reconciliation services.

Wash. Admin. Code § 110-40-0010 What is the purpose of the family reconciliation services program?

(1) The purpose of family reconciliation services (FRS) is to achieve reconciliation between the parent and child, to reunify the family, and to maintain and strengthen the family unit to avoid the necessity of out-of-home placement of children.

(2) The department provides these services, within available funds, to:

(a) Alleviate personal or family situations that present a serious and imminent threat to the health or stability of the child or family and that do not meet the definition of child abuse or neglect; and

(b) Maintain families intact whenever possible.

History

WSR 18-14-078, recodified as § 110-40-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-32-0020, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-40-0020 Who may receive FRS services?

(1) DCYF provides FRS to adolescents twelve through seventeen years old and their families, in instances where adolescents have runaway or are otherwise in conflict with their families. These populations are defined as follows:

"Families in conflict" means families in which personal or family situations present a serious and imminent threat to the health or stability of the child, which may include an at-risk youth, or family.

"Runaways" means youths who are absent from home for a period of time without parental permission. Services are to actual runaways and not to threatened runaways, unless the threatened runaways meet the definition of families in conflict.

(2) FRS is not provided for any of the following situations, unless the family is seeking an at-risk youth (ARY) or a child-in-need-of-services (CHINS) family assessment:

(a) Chronic or long-term multiproblem situations requiring long-term interventions;

(b) Custody and marital disputes unless the dispute creates a conflict between the child and parent with physical custody;

(c) Families currently receiving counseling services related to the parent-child conflict/relationship from other agencies;

(d) Child abuse and neglect cases, unless those cases meet the definition of family in conflict; or

(e) Youth receiving foster care or group care services or follow up to those services.

History

Statutory Authority: RCW 74.13.031. WSR 19-21-059, § 110-40-0020, filed 10/11/19, effective 11/11/19. WSR 18-14-078, recodified as § 110-40-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapter 13.32A RCW, RCW 74.08.090, 74.13.031, 2002 c 371. WSR 03-19-051, § 388-32-0025, filed 9/11/03, effective 9/11/03. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-32-0025, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-40-0030 What FRS does the department provide?

The assigned caseworker provides family reconciliation services (FRS) to develop skills and supports within families to resolve family conflicts, achieve a reconciliation between parent and child, and to avoid out-of-home placement. The services may include, but are not limited to, referral to services for suicide prevention, psychiatric or other medical care, or psychological, financial, legal, educational, or other social services, as appropriate to the needs of the child and family. Typically FRS is completed within a thirty-day period. The department provides intake and assessment services (IAS).

(1) Youth and their families who call or self-present at a DCYF central intake or local office requesting FRS must be provided assistance in contacting the appropriate DCYF intake services to make a formal request for FRS.

(2) The FRS caseworker must contact the family within twenty-four hours of assignment to the case to schedule an appointment to begin the family interview and assessment.

(3) FRS is intended to defuse the immediate potential for violence, assess problems, and explore options leading to problem resolution.

(4) Families who require more intensive interventions than those provided by the FRS caseworker may be referred to a contracted provider for services. The family must make a commitment to participate in the contracted services.

History

Statutory Authority: RCW 74.13.031. WSR 19-21-059, § 110-40-0030, filed 10/11/19, effective 11/11/19. WSR 18-14-078, recodified as § 110-40-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.32A.040, 74.13.031, and 74.08.090. WSR 18-03-103, § 388-32-0030, filed 1/18/18, effective 2/18/18
WSR 06-11-080, § 388-32-0030, filed 5/16/06, effective 6/16/06. Statutory Authority: Chapter 13.32A RCW, RCW 74.08.090, 74.13.031, 2002 c 371. WSR 03-19-051, § 388-32-0030, filed 9/11/03, effective 9/11/03. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-32-0030, filed 3/30/01, effective 4/30/01.

Chapter 110-50 Child welfare.

Wash. Admin. Code § 110-50-0002 Which is the deciding authority if another WAC rule or the provisions of the Administrative Procedure Act conflict with the information in this chapter?

The Administrative Procedure Act, chapter 34.05 RCW, chapter 388-02 WAC, and this chapter govern the proceeding. The provisions in this chapter govern if a conflict exists in chapter 388-02 WAC. Chapter 34.05 RCW is the overall governing authority.

History

WSR 18-14-078, recodified as § 110-50-0002, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0290, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0010 What are the department's placement priorities?

Within the limits of available financial resources, the department provides placement services to children according to the following ordered priorities:

(1) The department must place children who urgently need protection from child abuse or neglect (CA/N) if the department has legal authority for placement consistent with WAC 388-25-0025.

(2) The department may place children whose mental, emotional, behavioral or physical needs present a risk to their safety and resources do not exist within the family to provide for those needs.

History

WSR 18-14-078, recodified as § 110-50-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0015, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0020 What are the department's limitations on placement?

Children's administration (CA) social workers must place only those children who meet the criteria for child protective services (CPS), family reconciliation services (FRS), or child welfare services as defined in RCW 74.13.020. Children in situations outlined below do not meet those criteria:

(1) Children whom the CA social worker determines, after assessment, will not be helped in out-of-home care.

(2) Youths ages twelve through seventeen years of age in conflict with their parents and who have not received family reconciliation services, except families receiving adoption support that have already received extensive counseling services.

(3) Youths ages twelve through seventeen years of age whose family has received family reconciliation services and parents are unwilling to have the youths at home solely due to misbehavior.

(4) Youths for whom the primary placement issue is community protection, including sexual predators covered by the sexually aggressive youth (SAY) statute, RCW 74.13.075.

(5) Youths who are unwilling to live in the home of parents who are willing to have them at home, when this is the only presenting problem.

(6) Youths who have a mental illness and are a danger to themselves or others as defined by a mental health professional (see chapter 71.34 RCW).

History

WSR 18-14-078, recodified as § 110-50-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0020, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0030 What are the department's placement procedures for an infant residing in foster care with the infant's teen parent?

(1) When a teen parent and infant reside in the same facility, the infant's "home" is considered to be the infant's parent's home. Maintenance payments for the teen parent must be increased to provide for the maintenance of the infant. A legal authorization-to-be-placed is not required in order to include an amount sufficient for the infant's maintenance or to issue medical coupons for the infant.

(2) For protection of the infant, a dependency order placing the child in temporary custody of the department may be appropriate. Even if dependency is established, a legal authorization-to-be placed must be obtained to keep the infant in out-of-home care should the teen parent placement setting change so as not to include the infant.

History

WSR 18-14-078, recodified as § 110-50-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0065, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0040 Under what circumstances may the department provide foster care for educational purposes?

(1) The department may provide licensed foster care for a child with physical or mental disabilities when requested by a school district and in concurrence with the wishes of the parents, in accordance with WAC 388-25-0030.

(2) The department will not make the payment when the only need for foster care arises from the need for an education. The department will only pay the cost of foster care when one of the conditions of WAC 388-25-0030 applies.

History

WSR 18-14-078, recodified as § 110-50-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0175, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0050 What is the agency's goal as to the maximum number of children who remain in foster care in excess of twenty-four months?

The placement goal for the foster care program is to limit the number of all children who remain in care in excess of twenty-four months to no more than thirty-five percent of the foster care population.

History

WSR 18-14-078, recodified as § 110-50-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 34.05.353 and 74.13.055. WSR 03-14-062, § 388-25-0018, filed 6/25/03, effective 7/26/03.

Wash. Admin. Code § 110-50-0060 What must a parent do to place the child in foster care with the department?

A child's parent may sign a Voluntary Placement Agreement (VPA), DSHS 09-004B(X), to voluntarily place a child in foster care. The consent for voluntary placement must agree with child welfare services as described under RCW 74.13.031. The consent becomes valid when signed by a representative of children's administration.

History

WSR 18-14-078, recodified as § 110-50-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0050, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0070 Under what circumstances may a parent sign a consent for voluntary placement of a child in foster care with the department?

(1) If alternative placement resources, including social supports in the family home, have been considered and eliminated; and

(2) The department agrees that the child needs to be placed; then

(3) A child's parent may sign a consent for voluntary placement of a child in foster care (if the child is Native American refer to the Indian Child Welfare Act):

(a) If the child and a parent cannot agree to the child's return home but do agree to the child's placement out of the home; or

(b) When a parent is unable to care for a child.

History

WSR 18-14-078, recodified as § 110-50-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0045, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0080 How long may a voluntary placement last with the department?

A voluntary placement must last no longer than one hundred eighty days. By the end of one hundred eighty days, the child must return to the child's parent or guardian unless the juvenile court has made a judicial determination that:

(1) Return to the parent or guardian is contrary to the welfare of the child; and

(2) Continued placement in foster care is in the best interest of the child.

History

WSR 18-14-078, recodified as § 110-50-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0055, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0090 May the department grant an exception to the length of stay in voluntary placement?

(1) The DCFS regional administrator or the regional administrator's designee may grant exceptions to the one hundred eight-day limit on voluntary placements only:

(a) If the department conducts an administrative review fulfilling the requirements of Title 42, United States Code (U.S.C.), chapter 675, section 475, and the review chairperson recommends continuation of voluntary placement; and

(b) If a specific date within six months is scheduled for the child to return home; or

(2) Exceptions which cause the child to remain in care for longer than twelve months require a court review hearing that meets the dispositional and permanency plan hearing requirements of 42 U.S.C. 675, section 475.

History

WSR 18-14-078, recodified as § 110-50-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0060, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0100 What are the department's obligations regarding children placed by the department between states?

The department must comply with the interstate compact on the placement of children (ICPC) in the interstate placement of children (see chapter 26.34 RCW).

History

WSR 18-14-078, recodified as § 110-50-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0440, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0110 Requirements for using receiving care foster homes.

WAC 110-50-0110

The department will place children or youth in licensed receiving care foster homes on a temporary or emergent basis to:

(1) Allow for stabilization; or

(2) Provide time to develop a placement plan.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0110, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0130, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0120 Designation of receiving care foster homes.

WAC 110-50-0120

(1) The department or department-contracted providers will designate licensed foster homes to provide temporary or emergent placements to children and youth in the placement and care authority of the department.

(2) Designated receiving care foster homes must meet the training requirements in their contract.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0120, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0135, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0130 Number of licensed receiving care foster homes.

WAC 110-50-0130

The department will determine the number of receiving care foster homes based on regional need and availability.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0130, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0140, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0140 Limitations on the length of stay in receiving care foster homes.

WAC 110-50-0140

The department may authorize children or youth to be placed in receiving foster homes for:

(1) Up to 15 nights at initial placement; or

(2) More than 15 nights with an approved extension.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0140, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0145, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0160 How are rates authorized for reimbursement to receiving home providers?

(1) The DCFS regional administrator or the administrator's designee may authorize payments in excess of the standard for individual child-specific situations. The department may, within available funds, purchase clothing and personal incidentals for the child in receiving home care as needed.

(2) The department does not pay the receiving home rate if the child is expected to stay in this placement for longer than thirty days.

(3) The department may make reimbursement for assessment and interim care through the behavior rehabilitative services program.

(4) The department may, at the direction of the DCFS regional administrator or designee, use qualified, contracted behavior rehabilitative services to provide assessment or interim care for children and youth requiring that level of care as determined by the CA social worker. Unless the department and the provider make an alternate agreement, the department must pay for contracted rehabilitative services at the facility's contracted daily rate for interim or assessment care.

History

WSR 18-14-078, recodified as § 110-50-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0155, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0165 Definitions for relatives and suitable persons placements.

The following definitions apply to relatives and suitable persons placements:

"Department" means the Washington state department of children, youth, and families.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.

"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who has completed all required criminal history background checks and otherwise appears to be suitable and competent to provide care for the child or youth, and with whom they have been placed pursuant to RCW 13.34.130.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0165, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-50-0170 Determining relatives or suitable persons as placements for children and youth in out-of-home care.

(1) The department must search for appropriate relatives or suitable persons for placement, prior to placing children or youth in foster homes when the department determines that they need to be placed in out-of-home care.

(2) The department must assess the following when selecting relatives or suitable persons for placement of children and youth:

(a) The children or youth would be comfortable living with the relative or suitable person; and

(b) The relative or suitable person is:

(i) Related to or has a preexisting relationship with them;

(ii) Capable of caring for them and is willing to cooperate with the child's or youth's permanency plan; and

(iii) Able to provide them a safe home, and:

(A) Sleeping arrangements that are based on their age, development, and specific needs, unless there is a written plan approved by the caseworker to mitigate safety concerns; and if they remain in their home for more than 30 calendar days, they must verify each child under 12 months old has their own safe sleeping space that meets infant safe sleep requirements, such as a:

(I) Bassinet;

(II) Crib that complies with chapter 70.111 RCW and 16 C.F.R. 1219.1220;

(III) Portable crib; or

(IV) Native American:

• Moss boards; or

• Cradle boards; and

(B) Confirm that the children or youth older than 12 months have their own individual safe sleeping space with bedding, unless other arrangements have been approved by the children's or youth's caseworkers.

(3) The department may consider foster care as a potential placement resource, when there are no approved relatives or suitable persons available to provide placement, per chapter 13.34 RCW.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0170, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-50-0170, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-50-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0445, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0180 When relative's and suitable person's background checks may exclude them as placement options.

The department must follow WAC 110-04-0120 when assessing background checks for relatives and suitable persons requesting to be a placement option for children and youth.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0180, filed 5/30/25, effective 6/30/25. WSR 18-14-078, recodified as § 110-50-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0450, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0190 Financial supports for relatives and suitable persons caring for children and youth placed by the department.

(1) Caseworkers may assist unlicensed relatives and suitable persons that need financial support to care for children or youth to apply for temporary assistance for needy families (TANF) through the department of social and health services (DSHS) local community services office (CSO).

(2) Relatives and suitable persons who are licensed kinship caregivers or foster parents:

(a) Will receive foster care maintenance payments; and

(b) Must not receive TANF benefits on behalf of the child or youth in care at the same time they are receiving foster care payments.

(3) A relative or suitable person who is not a licensed kinship caregiver or foster parent at the time of placement may apply to become either:

(a) A licensed kinship caregiver as described in chapter 110-149 WAC; or

(b) A foster parent as described in chapter 110-148 WAC.

(4) The relative or suitable person caring for the children or youth in out-of-home care may apply to be their representative payee for supplemental security income (SSI) or Social Security Administration benefits for the child or youth living with them. However, if the child or youth is a dependent of Washington state with custody assigned to the department by the court, the department will usually remain the payee on their behalf until the dependency is dismissed.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0190, filed 5/30/25, effective 6/30/25. WSR 18-14-078, recodified as § 110-50-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0455, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0200 How does the department treat relatives of specified degree with legally free children?

(1) The department acknowledges a continuing relationship between relatives of specified degree and children who are legally free where the relatives choose to continue a relationship with the child and the continuing relationship is in the best interest of the child (see RCW 74.15.020 for the definition of relative of specified degree).

(2) Relatives of specified degree remain legal relatives when a child becomes legally free if those relatives wish to maintain a relationship with the child and the assigned social worker determines the continuing relationship is in the best interest of the child.

(3) Department staff must treat relatives of specified degree as the department treats all relatives under the rules of ICPC and the foster care and foster family home licensing programs.

The rights of the affected relatives of specified degree do not extend beyond adoption of the child except through an open adoption agreement (see RCW 26.33.295).

History

WSR 18-14-078, recodified as § 110-50-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0460, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0205 Definitions for the BRS program.

WAC 110-50-0205

The following definitions apply to the BRS program:

"Behavior rehabilitation services (BRS)" means short-term intensive wraparound support and therapeutic programs offered in an array of settings for children and youth with high level service needs used to:

(1) Safely stabilize them;

(2) Coordinate multiple systems; and

(3) Safely move them to permanency or less intensive services.

"Department" means the Washington state department of children, youth, and families.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0205, filed 6/5/26, effective 7/6/26.

Wash. Admin. Code § 110-50-0210 Serving children or youth through the BRS program.

WAC 110-50-0210

The department may:

(1) Serve children or youth through the BRS program when:

(a) They assess the children's or youth's and family's needs;

(b) Determine that the services offered through BRS are necessary; and

(2) Provide financial support for children's or youth's BRS when:

(a) They determine this level of services are necessary; and

(b) Providers:

(i) Meet the department's qualifications; and

(ii) Are contracted with the department for BRS.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0210, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0030, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0220 Removing children or youth from BRS placements.

WAC 110-50-0220

The department has authority to remove children or youth from BRS placements:

(1) Five calendar days after providing the notice to the provider in nonemergent situations; and

(2) Without notice:

(a) In emergent situations; or

(b) When courts issue orders changing children's or youth's placements.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0220, filed 6/5/26, effective 7/6/26. WSR 18-14-078, recodified as § 110-50-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0035, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0230 Child placing agency (CPA) expectations.

The department requires CPAs to:

(1) Be licensed or certified under chapter 74.15 RCW.

(2) Have a contract with the department to provide child or youth placement and related services. The department will only place and pay for services to an agency that the department has a contract with.

(3) Document the services provided as required in their contract.

(4) Maintain the licenses of their foster family and licensed kinship homes, so placements of children or youth may occur.

(5) Provide support services to the foster parents and licensed kinship caregivers.

(6) Be financially responsible for placement costs for a child or youth that the CPA brought from another country for adoption if the adoption is not finalized, disrupts prior to finalization, or until they reach age 18.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0230, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0230, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0430, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0240 CPA reimbursement.

For licensed or certified CPAs under chapter 74.15 RCW:

(1) The department:

(a) Must:

(i) Determine initial and ongoing eligibility for financial support;

(ii) Approve placements before making payments;

(iii) Pay a monthly service fee if the agency provides services that are in addition to supervision of children or youth or their families; and

(iv) Discuss the following:

(A) Roles of the department;

(B) Placement support to foster parents and licensed kinship caregivers;

(D) Supervision of children or youth; and

(E) Services the department will provide to children or youth;

(b) May enter into contracts with them to provide intensive treatment and supervision services to children or youth with physical, mental health, or behavioral needs. This includes:

(i) Assessing the needs of each child or youth;

(ii) Assigning a service level for each child or youth; and

(iii) Paying the rate provided in the contract.

(2) CPAs must:

(a) Sign and return written service agreements to the department for each child or youth accepted;

(b) Document and maintain documentation required in their contract to demonstrate case management and support services provided to children or youth for whom the department makes payment; and

(c) Provide quarterly reports to DCYF caseworkers as required in their contract for each child or youth whose placement or services the department pays for.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-50-0240, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0240, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0435, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0250 CPA contractual requirements.

The department must monitor CPAs' compliance with their contract. If a CPA is found out of compliance with their contract, DCYF:

(1) Contracts managers must follow the sanctions included in the contract with the department and the CPA.

(2) Caseworkers must:

(a) Notify the fiduciary to stop agency service fee payments if the department does not receive the children's or youth's reports in the time frames outlined in the contract; and

(b) Inform their regional CPA lead when there are ongoing problems with reports or the CPA.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0250, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0415, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0271 How long may a child served by the department remain in out-of-home placement before a court hearing is held?

Within seventy-two hours after a child enters care, a shelter care hearing must be held. Saturdays, Sundays and holidays are excluded in the seventy-two-hour requirement. A court order must be obtained to keep a child in shelter care for longer than thirty days.

History

WSR 18-14-078, recodified as § 110-50-0271, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0040, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0272 What are the training requirements for licensed foster parents?

See chapter 388-148 WAC for required training for licensed foster parents.

History

WSR 18-14-078, recodified as § 110-50-0272, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0390, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0273 Gifts, bequests by will, and contributions.

(1) The department may accept a gift, bequest, or contributions in cash, or otherwise, from an association or corporation.

(2) The department shall not accept a gift or contribution from a person applying for, or receiving, public assistance.

(3) The department shall not advise any person desiring information or assistance regarding the preparation of a will. The department shall advise the person to contact an attorney, or the local legal aid society.

History

WSR 18-14-078, recodified as § 110-50-0273, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 94-10-065 (Order 3732), § 388-200-1250, filed 5/3/94, effective 6/3/94.

Wash. Admin. Code § 110-50-0280 What is the parents' obligation to support their child in foster care?

Parents of children in foster care must provide financial support for their child in accordance with rules contained in chapter 388-14A WAC.

History

WSR 18-14-078, recodified as § 110-50-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0215, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0290 Who has authority to recommend or negotiate amounts for parental participation in the cost of foster care?

(1) The department's division of child support determines the amount of parental financial support, except when stated in a superior court order. Chapter 74.20A RCW and chapter 388-14A WAC provide the authority and procedures for the division of child support to collect financial support from the parent to pay for a child in foster care.

(2) Only the division of child support may recommend to the court, on behalf of the department, to establish, raise, lower, release, or forgive support payments for a child placed in foster care. No other agency or staff may make agreements with parent(s) or their representatives regarding this matter.

History

WSR 18-14-078, recodified as § 110-50-0290, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0220, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0300 When will cases be referred to the division of child support (DCS)?

(1) The department will refer cases to DCS when a court has made a finding of abandonment as defined in RCW 13.34.030, unless good cause exists.

(2) Nothing in this section prohibits a parent, guardian, or relative from pursuing child support by contacting DCS directly.

History

Statutory Authority: RCW 74.20.040. WSR 23-04-082 and 23-06-045, § 110-50-0300, filed 1/31/23 and 2/24/23, effective 3/3/23. WSR 18-14-078, recodified as § 110-50-0300, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0225, filed 3/1/05, effective 4/1/05. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0225, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0320 What constitutes good cause for not pursuing the collection or establishment of child support or paternity?

Good cause for not pursuing the collection of child support or establishing paternity exists when:

(1) It is not in the child's or youth's best interest; and

(2) The parent or guardian, or the parent's or guardian's child or youth, spouse, or spouse's child or youth was the victim of the offense for which the child or youth was committed to the custody of the juvenile rehabilitation division (JRD) and the child or youth is being placed directly into foster care from a JRD facility until this placement episode closes;

(3) Adoption proceedings for the child or youth are pending in court or the custodial parent or guardian is being helped by a private or public agency to decide if the child or youth will be placed for adoption;

(4) The child or youth was conceived as a result of incest or rape;

(5) The juvenile or tribal court in dependency proceedings or the department finds that the parents or guardians will be unable to comply with an agreed reunification plan with the child or youth due to financial hardship caused by paying child support;

(6) The custodial parent or guardian or the child or youth may be placed in danger as a result of the presence of or potential for domestic abuse perpetrated by the individual that DCS would be pursuing for collection action;

(7) The child support obligation would result in a financial hardship for parents or guardians because the child's or youth's household was low income at the time of removal; or

(8) The parent of a newborn child abandons the child by transferring the child to a qualified individual at an appropriate location, per RCW 26.20.030.

History

Statutory Authority: RCW 74.20.040. WSR 23-04-082 and 23-06-045, § 110-50-0300, filed 1/31/23 and 2/24/23, effective 3/3/23. WSR 18-14-078, recodified as § 110-50-0320, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0227, filed 3/1/05, effective 4/1/05.

Wash. Admin. Code § 110-50-0330 Does the division of child support pursue collection or establish child support or paternity on cases in which good cause has been determined?

If children's administration determines that there is good cause the division of child support does not pursue collection or establish support or paternity on a foster care case.

History

WSR 18-14-078, recodified as § 110-50-0330, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0228, filed 3/1/05, effective 4/1/05.

Wash. Admin. Code § 110-50-0340 Who may request a good cause determination?

The department or a parent, including an adoptive parent or legal guardian, may initiate a request for good cause determination at any time.

History

WSR 18-14-078, recodified as § 110-50-0340, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0229, filed 3/1/05, effective 4/1/05.

Wash. Admin. Code § 110-50-0350 When may a good cause determination be requested?

A request for determination of good cause may be made at any time.

History

WSR 18-14-078, recodified as § 110-50-0350, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, 2004 c 183, 74.20.040, and 74.13.020. WSR 05-06-091, § 388-25-0231, filed 3/1/05, effective 4/1/05.

Wash. Admin. Code § 110-50-0360 To whom must parents send child support payments for their child in foster care?

The parents must make all payments for the benefit of the child and/or the costs for a child in out-of-home care to the division of child support, unless a court order directs payment through a clerk of the court. A clerk of the court must send payments, under a court order, to the division of child support.

History

WSR 18-14-078, recodified as § 110-50-0360, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0235, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0370 Under what circumstances must child care judgment and limited power of attorney for parental support payments be assigned to the department?

(1) The department must advise any person or agency having custody of the child that court ordered child support payments are to be received by the department under RCW 74.20A.030 and 74.20A.250.

(2) The person or agency having custody must acknowledge this transferred right to the department by execution of an assignment of judgment and limited power of attorney, which must remain in effect as long as the child receives foster care assistance.

History

WSR 18-14-078, recodified as § 110-50-0370, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0240, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0400 Legal basis for the foster care program.

The legal basis for the foster care program is RCW 74.13.031, which authorizes the department to provide foster care placement services.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0400, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0400, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0001, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0410 Purpose.

The monthly foster care maintenance payment was established to assist licensed or certified foster parents, which includes licensed relatives and suitable persons, in meeting the needs of the children or youth placed in their care. The payment is for the benefit of the children or youth.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0410, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0410, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0003, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0420 Definitions for foster care rate assessment (FCRA).

WAC 110-50-0420

The following definitions apply to foster care rate assessments (FCRA):

(a) Safely stabilize them;

(b) Coordinate multiple systems; and

"Child placing agencies (CPAs)" means agencies or tribes licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Department" means the Washington state department of children, youth, and families.

"Foster care" means the placement of children or youth by the department or licensed child placing agencies in homes or facilities licensed or certified as outlined in chapter 74.15 RCW or in homes or facilities that are not required to be licensed as outlined in chapter 74.15 RCW.

"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Licensed health care provider" means medical doctors, doctors of osteopathy, doctors of naturopathy, physician's assistants, or advanced registered nurse practitioners.

"Licensing division (LD)" means the division in the department that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by tribal code or custom as relatives or extended family.

History

Statutory Authority: RCW 74.13.031. WSR 26-13-016, s 110-50-0420, filed 6/5/26, effective 7/6/26. Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-50-0420, filed 8/28/24, effective 9/28/24. Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0420, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0420, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0005, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0430 Financial requirements of the department.

The department must:

(1) Pay for placements and service plans they have approved.

(2) Provide final approval for determining initial and ongoing eligibility for financial support.

(3) Maintain oversight of placements and payments.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0430, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0430, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0010, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0440 Foster care maintenance payment and standardized assessment tool.

(1) All children or youth placed in foster care will receive the basic foster care maintenance payment for their age category to help cover the cost of food, clothing, shelter, and personal incidentals.

(a) The department must pay foster care maintenance payments to individuals:

(i) That are licensed or certified foster parents when children or youth are placed in their home;

(ii) Identified by the tribe when they:

(A) Take placement of children or youth; and

(B) Meet the licensing requirements of their tribe.

(b) Residing out of Washington state, when:

(i) They take placement of a Washington state child or youth;

(ii) They meet the licensing requirements of the state they reside in, per WAC 110-50-0460; and

(iii) Approval is received from both the sending and receiving state offices, per WAC 110-50-0100.

(2) The amount of the monthly foster care maintenance payment is determined using a standardized assessment tool that assesses children's and youth's needs in the following areas:

(a) Physical health;

(b) Mental health; and

(3) The standardized assessment tool must be completed to determine the rate of the foster care maintenance payment:

(a) Within 40 calendar days of the children's or youth's placement being documented in a licensed or certified foster home or relative or suitable persons home;

(b) At least every six months after the first assessment; and

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0440, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0440, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0011, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0450 Using the standardized assessment tool to determine foster care reimbursement levels.

The basic maintenance payment level 1 is paid to foster parents depending upon the ages of the children and youth. In addition, there are six levels of supplemental payments paid to foster parents who care for children or youth with varying degrees of physical, mental health, or behavioral needs that require increased effort, care, or supervision. The standardized assessment tool must be used to determine the appropriate level for payment based on available information regarding children's or youth's needs, regardless of the foster home they are placed in. Children or youth will be assessed and paid at the highest level they qualify for. Children or youth assessed at:

(1) Level 1: Receive the basic foster care maintenance rate. The payment is based on the child's or youth's needs, who are developing comparably to children or youth in the same age range. The payments are based on three age categories:

(a) Birth to five years old;

(b) Six to 11 years old; or

(2) Level 2: Require more support from foster parents due to the youth being 12 years of age or older. The payment is based on the youth's needs, who are developing comparably to youth in the same age range.

(3) Level 3: Are diagnosed by a licensed health care provider with at least one chronic medical condition that requires more support from foster parents due to the severity of their needs. Children and youth in this level only have chronic medical conditions and do not have other conditions that would put them in a different level of care.

(4) Level 4: Are diagnosed by a licensed health care provider with a developmental disability that requires more support from foster parents due to the severity of their behaviors and needs. Children and youth in this level only have a diagnosed developmental disability and do not have other conditions that would put them in a different level of care.

(5) Level 5: Are diagnosed by a licensed health care provider with a developmental disability and have at least one chronic health condition. Children or youth in this level will not have any other conditions that would put them in a different level of care.

(6) Level 6: Have a current mental health diagnosis by a licensed health care provider or current prescription medication to assist with their mental health diagnosis.

(7) Level 7: Have complex mental health needs and need more support to help stabilize and keep the child or youth safe.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0450, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0450, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0016, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0460 Reimbursement to foster families that reside in or move to another state.

Department caseworkers must:

(1) Arrange with other states or local social service agencies to license and supervise the homes and placements when foster families reside in or move to another state, per chapter 26.34 RCW.

(2) Obtain the reimbursement rates from receiving states and DCYF will reimburse at their rate, unless the Washington state rate is approved.

(3) Authorize payments to the out-of-state foster homes after a copy of their foster family home license is received.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0460, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0460, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0022, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0470 Payments to relative caregivers and suitable persons.

Relative caregivers and suitable persons:

(1) Licensed or certified as family foster homes under chapter 74.15 RCW will receive foster care maintenance payments on behalf of children or youth. If the family is eligible for a nonneedy grant for the same child or youth through the department of social and health services (DSHS) community services office (CSO), they must either receive foster care maintenance payments or nonneedy grants, but not both.

(2) Not licensed or certified for foster care, may apply for the nonneedy grant through the DSHS CSO.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0470, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0470, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0025, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0480 Starting foster care maintenance payments.

The department pays foster care maintenance payments for:

(1) Children and youth beginning on the date the department places them in a licensed or certified foster home.

(2) Each night children or youth reside in foster homes.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0480, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0480, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0027, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0490 Terminating foster care maintenance payments.

The department must terminate foster care maintenance payments:

(1) On the day before the child or youth leaves the foster home or facility. The department does not pay for the last day they are in a foster home or facility.

(2) For children or youth in foster care, effective the date they:

(a) No longer reside in or need foster care;

(b) Reach the age of 18, unless they meet the criteria in RCW 13.34.267 and are participating in the extended foster care (EFC) program; or

(i) Dependency action is dismissed; or

(ii) Voluntary placement agreement (VPA) has expired.

(3) For children or youth in a behavior rehabilitation services (BRS) program, effective the day they start BRS.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0490, filed 11/30/23, effective 12/31/23. Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0490, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0490, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0032, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0500 Foster parents' level notification.

Once the rate assessment has been completed, foster parents will receive written notification from the department notifying them of:

(1) The amount of the monthly foster care maintenance payment that will be paid to them on behalf of children or youth residing in their home;

(2) Their right to request a department review of the foster care rate level based on information that was not known or provided to the department; and

(3) The process to request a department review.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0500, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0500, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0037, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0510 Requesting a department review of the foster care rate level.

(1) Foster parents must make a written request for the department to review their foster care rate level.

(2) Department review requests must:

(a) Be received by the department within 20 calendar days of the date of the letter informing the foster parent of their foster care rate level. If a request is not made within 20 days, the department will not review the foster care rate level.

(b) Include a statement explaining why the foster parent believes the rate level is incorrect. The foster parent must provide any additional information that was not known to the department when the rate was determined.

(c) Be sent to the individual and address identified in the department's letter informing the foster parent of the rate level for the child or youth.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0510, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0510, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0042, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0520 Department review of the foster care rate level.

Department management employees who have not administered the standardized assessment tool for the foster parents requesting the review, must:

(1) Conduct the department review of the foster care rate level and consider if:

(a) Additional information provided by the foster parent, as authorized in WAC 110-50-0510, is relevant to the assessment; and

(b) Information was accurately documented into the standardized assessment tool.

(2) Complete the review within 14 calendar days of receiving the request for review.

(3) Not consider information about any children or youth outside the standardized assessment tool.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0520, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0520, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0047, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0530 Foster parents' notification of department review.

Once the review is complete, the department must:

(1) Send foster parents a letter notifying them that the department:

(a) Upholds the results of the standardized rate assessment tool; or

(b) Agrees the rate was wrongly calculated and will adjust the rate to the proper level.

(2) Include information in the letter to request an administrative hearing, per chapter 110-03 WAC, if the department upholds the results of the rate assessment.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0530, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0530, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0052, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0540 Foster parents' right to appeal.

(1) Foster parents have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department's failure to:

(a) Respond to the request within the time frames in WAC 110-50-0520.

(b) Take into consideration new information related to the child or youth provided by the foster parents.

(2) To request an administrative hearing, the foster parent must submit a request in writing for an administrative hearing and send the request to the office of administrative hearings (OAH). The request must be received by OAH within 90 calendar days of receipt of the notification of the department's decision on review, unless good cause for a later request is established under chapter 110-03 WAC.

(3) Foster parents do not have a right to request an administrative hearing to challenge or dispute:

(a) Established foster care rates;

(b) The standardized assessment tool; or

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0540, filed 11/30/23, effective 12/31/23. WSR 18-14-078, recodified as § 110-50-0540, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0057, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0550 Scope of administrative hearing.

When making a determination during administrative hearings, administrative law judges (ALJ):

(1) May only consider the following if the:

(a) Standardized assessment process was not followed;

(b) Information obtained for the initial rate determination was not documented on the standardized assessment tool; or

(c) New information provided by the foster parents for the department review was not accurately documented on the standardized assessment tool.

(2) Must apply the rules in this chapter during the administrative hearing.

(3) Must not:

(a) Consider:

(i) Information about children or youth:

(A) Outside the standardized assessment tool;

(B) That was not provided to the department at the time of the:

(I) Initial or ongoing completion of the standardized assessment tool; or

(II) Department review requested by the foster parents.

(ii) Challenges to the:

(A) Established foster care rates;

(B) Standardized assessment tool; or

(b) Make a determination that conflicts with a properly completed standardized assessment tool.

History

Statutory Authority: RCW 43.216.065 and 74.13.031. WSR 23-24-040, § 110-50-0550, filed 11/30/23, effective 12/31/23. Statutory Authority: RCW 74.13.031. WSR 19-16-094, § 110-50-0550, filed 8/1/19, effective 9/1/19. WSR 18-14-078, recodified as § 110-50-0550, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0062, filed 7/28/09, effective 8/28/09.

Wash. Admin. Code § 110-50-0740 What standards must the department apply to contracted and noncontracted service providers and vendors when the department has identified an overpayment to the provider or vendor?

(1) RCW 43.20B.675 provides that all vendors have the right to request a hearing if they have a bona fide overpayment dispute. The department must offer a prehearing conference to all clients and vendors that request an administrative hearing.

(2) Contracted and noncontracted service providers may seek dispute resolution through these rules, under the Administrative Procedure Act and RCW 43.20B.675, with respect to overpayments. However, the following limitations apply:

(a) The right of vendors to seek an administrative hearing to contest alleged overpayments applies only to overpayments for goods or services provided on or after July 1, 1998.

(b) These procedures do not create a right to a hearing where no dispute right previously existed except as provided in RCW 43.20B.675.

(c) These rules limit disputes for foster family and child day care providers to alleged overpayments. Homes and facilities licensed under chapter 74.15 RCW may appeal adverse licensing actions under the provisions of chapter 388-148 or 388-155 WAC, as applicable.

History

WSR 18-14-078, recodified as § 110-50-0740, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0255, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0750 Do vendor overpayment rules in this chapter also apply to adoptive parents?

Adoptive parents who receive assistance through the adoption support program are not vendors within the meaning of the law and do not fall within the scope of this chapter.

History

WSR 18-14-078, recodified as § 110-50-0750, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0260, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0760 Are there time limitations on identifying and recovering an overpayment?

There is no time limit on identifying and initiating recovery of overpayments.

History

WSR 18-14-078, recodified as § 110-50-0760, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0265, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0770 May overpayments be waived or forgiven?

Children's administration employees do not have authority to forgive or waive overpayments nor to offset overpayments from future payments. All such authority rests with the department's office of financial recovery (OFR). Designated CA staff may mediate a disputed payment with the vendor, but final approval for any negotiated proposed settlement rests with OFR.

History

WSR 18-14-078, recodified as § 110-50-0770, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0270, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0780 Do other governmental organizations have the right to an adjudicative hearing?

Governmental organizations, including Indian Tribes, with an interlocal agreement with the department do not have the right to an adjudicative hearing through the office of administrative hearings (OAH). The disputes process described in the agreement between the entity and the department governs the resolution process.

History

WSR 18-14-078, recodified as § 110-50-0780, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0275, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0790 What steps must a provider or vendor take when requesting an administrative hearing in regards to an overpayment?

A provider or vendor must follow the procedure indicated on the department's Vendor Overpayment Notice, DSHS 18-398A(X), dated 07/1998.

History

WSR 18-14-078, recodified as § 110-50-0790, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0280, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0800 When is payment due on an overpayment?

When a vendor files a timely and complete request for an administrative hearing, payment on the overpayment is not due on the amount contested until the office of administrative hearings or its designee makes a final decision about the vendor's liability and any amount due.

History

WSR 18-14-078, recodified as § 110-50-0800, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0285, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0810 Who establishes guidelines to identify overpayments and to mediate overpayment disputes?

(1) Each DCFS regional administrator, division of licensed resources (DLR) regional manager, or CA division director, as applicable, must establish procedures to provide for consistency in the handling of provider or vendor disputes in accordance with the children's administration prehearing procedures and this chapter.

(2) Staff at the following organizational levels will handle disputes:

(a) The DCFS regional administrator is responsible for the dispute resolution process for:

(i) All payments authorized by local office social workers;

(ii) All payments authorized under regionally managed contracts and service agreements.

(b) Regional staff are responsible for the following activities to resolve disputes:

(i) Prehearing conferences;

(ii) Mediation activities;

(iii) Administrative hearings for payments authorized in local offices; and

(iv) Administrative hearings for regionally managed contracts.

(c) For CA child care subsidy program payment disputes, DLR office of child care policy (OCCP) headquarters staff is responsible for:

(i) Prehearing conferences;

(ii) Mediation activities; and

(iii) Administrative hearings.

(d) Assigned CA division of program and policy development or office of foster care licensing (OFCL) headquarters staff, as applicable, will handle disputes arising from headquarters-managed contracts and service agreements. These staff will handle:

(i) Prehearing conferences;

(ii) Mediation activities; and

(iii) Administrative hearings.

History

WSR 18-14-078, recodified as § 110-50-0810, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0295, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0900 Legal basis for the licensed caregiver third party liability program.

The legal basis for the department's licensed caregiver third party liability program is RCW 74.14B.080.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0900, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0900, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0300, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0910 Purpose.

The licensed caregiver third party liability program:

(1) Is established to provide reimbursement coverage to:

(a) Those licensed in chapter 74.15 RCW by the department or child placing agencies (CPA), including:

(i) Foster parents licensed in chapter 110-148 WAC; and

(ii) Licensed kinship caregivers licensed in chapter 110-149 WAC; and

(b) Foster parents and licensed kinship caregivers when providing respite;

(2) Covers:

(a) Damages caused:

(i) To third parties, within available funds, including and limited to:

(A) Property damages;

(B) Personal injuries; and

(ii) Intentionally or unintentionally by children or youth who are in department approved placements; and

(iii) Unintentionally by caregivers, as outlined in subsection (1) of this section to third parties;

(b) Damages to third parties including and limited to:

(i) Property damages;

(ii) Personal injuries; and

(iii) Emergency medical expenses;

(d) Costs for approved claims, not covered by the caregiver's insurance, up to the total amount the department may pay for the occurrence, per WAC 110-50-0960; and

(3) Does not cover illegal or deceitful acts taken by the caregivers outlined in subsection (1) of this section.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0910, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0910, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0305, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0920 Definitions.

"Caseworkers" means the agency workers assigned to the children or youth through the department or another government agency, including tribal governments.

"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Children" or "youth" means individuals who are placed by the department and younger than 18 years old.

"Department" means the Washington state department of children, youth, and families.

"Emergency medical expenses" means the initial medical treatment expenses incurred immediately following an occurrence that are required for emergent care and diagnosis for the caregivers, their household members, or animals.

"Extended foster care" means the same as defined in RCW 74.13.020.

"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Group care" is a general term for a licensed facility that is maintained and operated for a group of children on a 24-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care, per RCW 74.15.020 (1)(f).

"Licensed caregivers" means individuals licensed to regularly provide 24-hour care in their home to children or youth, including:

(a) Foster parents licensed as outlined in chapter 110-148 WAC; and

(b) Licensed kinship caregivers licensed as outlined in chapter 110-149 WAC.

"Licensed kinship care" or "licensed kinship caregivers" means individuals licensed through chapter 110-149 WAC to regularly provide 24-hour care in their home to children or youth.

"Occurrence" means the calendar date when an act by a child or youth in an approved department placement or while receiving respite in a licensed foster home caused the damages reported in the claim that include:

(a) Property damages;

(b) Personal injury; or

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0920, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0920, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0310, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0930 Eligibility criteria for third party reimbursement.

(1) For licensed caregivers to be eligible for third party reimbursement, occurrences must have happened on the dates when children or youth were:

(a) Placed in their home by the department; or

(b) At their licensed home for respite and the caregiver was receiving payments from the department.

(2) The following placements are not eligible for third party reimbursement including, but not limited to:

(a) GCFs;

(b) Residential private schools;

(d) Placements where the damage is covered by the CPA;

(e) Youth missing from care;

(f) Overnight status with parents or guardians;

(g) Extended foster care youth; and

(h) Inpatient treatment facilities.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0930, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0930, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0315, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0940 Submitting the third party liability claim.

(1) Licensed caregivers must complete the following when submitting their claims for the licensed caregiver third party liability program:

(a) Submit their claims within 90 calendar days of the occurrence of the property damages, personal injuries, or emergency medical expenses by:

(i) Obtaining the current claim form from a department employee or the department's website;

(ii) Completing their claim forms and include:

(A) A description of the specific items damaged;

(B) A narrative detailing the occurrences;

(D) One of the following:

(I) A detailed invoice, estimate, or receipt that includes proof of payment in full;

(II) A detailed invoice or estimate and separate proof of payment in full; or

(III) Two detailed estimates itemizing the cleaning, repair, or comparable replacement cost for each item. If the department makes a payment from an estimate, the department may require a final zero balance paid receipt;

(E) The disclosure of whether the items are covered by their public or private insurance policy;

(F) Clear photos of the damages to the claim items; and

(G) Their signature;

(iii) Submitting the completed claims with the required documentation to both the:

(A) Child's or youth's caseworker; and

(B) Caregiver claims manager; and

(iv) Fully cooperating with the substantiation process; and

(b) Include a statement with the reasons for the delay when filing claims more than 90 calendar days after the occurrence.

(2) The department will determine whether the claims submitted more than 90 calendar days after the occurrence will be eligible for review.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0940, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0940, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0320, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0950 Determining the reimbursable amount for third party liability claims.

The caregiver claims manager must:

(1) Review third party liability claims and determine the reimbursable costs for:

(a) Damaged or destroyed items in the following order by determining if the items:

(i) Can be cleaned or repaired; or

(ii) Cannot be cleaned or repaired. If the item cannot be cleaned or repaired, the department will determine the comparable replacement cost using estimates based on the same attributes as the items that were damaged or destroyed;

(b) Emergency medical expenses related to the occurrence for the third party, including:

(i) Medical;

(ii) Dental; and

(iii) Vision;

(d) Court costs related to the occurrences;

(2) Provide the final decision in writing that includes:

(a) The department's decision on whether the claims are eligible for reimbursement; and

(b) The amount the department will pay for eligible items;

(3) Pay for approved claim items within program limits and available funds; and

(4) Maintain oversight of claims and payments.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0950, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0950, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0325, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0960 Limitations for third party liability reimbursement.

(1) The department will:

(a) Follow these reimbursement limitations when determining reimbursement amounts for the licensed caregiver third party liability program claims:

(i) The total amount the department will pay as the result of one occurrence must not exceed:

(A) $25,000 for all property damages and personal injury;

(B) $5,000 for emergency medical expenses; or

(ii) The total reimbursement cost is assessed for each occurrence separately and includes the costs for each item in the occurrence;

(iii) The limitations for each occurrence must apply regardless of whether there are multiple claims from the same occurrence;

(iv) The total reimbursement cost for property damages, personal injuries, and emergency medical expenses are limited to the costs:

(A) Not covered in any insurance policies, up to the maximum occurrence costs in (a)(i) of this subsection; and

(B) Of the insurance policy deductible and any out-of-pocket expenses, up to the maximum occurrence costs in (a)(i) of this subsection; and

(v) Dental or vision appliances are limited to comparable replacements up to the maximum occurrence costs in (a)(i) of this subsection;

(b) Consider damages from the same occurrence claimed by one or more licensed caregivers in the same household as a single occurrence;

(i) Item cannot be cleaned or repaired; or

(ii) The comparable replacement cost of the item is less than the cleaning or repair cost;

(d) Reimburse for labor expenses for the amount payable to a licensed business;

(e) Not reimburse claims if the licensed caregivers are not liable to the third party or the child's or youth's birth or adoptive parents or guardians because of:

(i) Immunities;

(ii) Limitations; or

(iii) Exclusions provided by law; and

(f) Not require licensed caregivers to use their insurance policy but will only consider reimbursement for the insurance deductible, coinsurance amounts, and any out-of-pocket expenses up to the limit of the occurrence as outlined in (a)(i) of this subsection.

(2) Licensed caregivers must:

(a) Notify the department if their property damages or losses were paid, will be paid, or are covered by a homeowner's, motor vehicle, or other public, personal, or business insurance policy; and

(b) Provide detailed medical bills and insurance statements or explanation of benefits showing the amount covered for emergency medical expenses.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0960, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0960, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0330, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0970 Exclusions from third party liability reimbursement.

The department will not provide third party liability reimbursement for the following:

(1) Claims resulting from:

(a) Licensed caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home or in respite care;

(b) Acts committed by licensed caregivers that are:

(i) Dishonest;

(ii) Fraudulent;

(iii) Criminal; or

(iv) Intentional; and

(d) Licensed caregivers' violation of any statute, ordinance, or regulation;

(e) Licensed caregivers' illegal conduct or bad faith acts when providing care to children or youth;

(f) Failure of the licensed caregivers to:

(i) Give directions or instructions; or

(ii) Provide proper or adequate supervision;

(g) Sexual abuse or other sexual behaviors by any individual;

(h) A judgment against licensed caregivers based on alienation of affection; and

(i) Acts by children or youth that occur while they are on a temporary planned, unplanned, or voluntary absence from the placement; and

(2) Unsubstantiated claims; and

(3) Claims not received by the department within one year after the date of the occurrence, regardless of the reason for the delay in filing the claim.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0970, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0970, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0335, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-0980 Third party liability claim denials.

The department:

(1) Must:

(a) Deny third party liability claims:

(i) That are not supported or substantiated by the evidence submitted;

(ii) For items or amounts not covered or excluded by the terms, limitations, or exclusions of the third party liability reimbursement program;

(iii) For ineligible placements; or

(iv) When the property damages, personal injuries, or emergency medical expenses are misrepresented or willfully concealed by the licensed caregivers or other parties involved; and

(b) Report third party liability claims found to be fraudulent involving theft or collusion involving public funds, per RCW 43.09.185; and

(2) May:

(a) Recover payments made for third party liability claims that were determined to be ineligible; or

(b) Refer third party liability claims found to be fraudulent involving theft or collusion involving public funds to the assistant attorney general and local law enforcement.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0980, filed 4/21/26, effective 5/22/26.

Wash. Admin. Code § 110-50-0990 Third party liability claim appeals.

Licensed caregivers:

(1) Must:

(a) Contact the caregiver claims manager to request the claim appeal form for the third party damages, personal injuries, or emergency medical expenses;

(b) Include the justification and alternatives explored when requesting exceptions to the terms, limitations, and exclusions; and

(c) Submit the claim appeal forms to the caregiver claims manager within 30 calendar days of the notification of the final claim decisions from the department. If appeal requests are not received within 30 calendar days, the department will not review them;

(2) Cannot appeal the use of a private or public insurance policy available to them when the item is covered and reimbursable by their insurance policy. The department will not require them to use their insurance policy, but the reimbursement amounts will be determined as if they did, per WAC 110-50-0960; and

(3) Do not have the right to administrative hearings to challenge the denial of the appeals. The department will notify the licensed caregivers of the appeal decisions within 90 calendar days of receipt of the claim appeal.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0990, filed 4/21/26, effective 5/22/26.

Wash. Admin. Code § 110-50-0995 Third party liability claim investigations and rights of recovery.

(1) The department:

(a) May conduct investigations on licensed caregiver third party liability program claims; and

(b) Has the authority to have an inspector of its choice make a damage estimate when, and as often, as the department requires.

(2) Licensed caregivers and third parties must allow the department to inspect the damaged property, when requested.

(3) If the licensed caregiver third party liability program pays for a claim, the licensed caregivers must:

(a) Transfer to the department their rights of recovery against any individual or organization against whom they may have a legal claim; and

(b) Sign and deliver to the department any documents necessary to transfer these rights to Washington state.

History

Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0995, filed 4/21/26, effective 5/22/26.

Wash. Admin. Code § 110-50-1000 Legal basis for the caregiver reimbursement program.

The legal basis for the department's caregiver reimbursement program is RCW 74.13.335.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1000, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1000, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0340, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1010 Purpose.

The caregiver reimbursement program:

(1) Is established to provide reimbursement coverage to:

(a) Unlicensed kinship caregivers;

(b) Those licensed by the department or by a child placing agency (CPA) in chapter 74.15 RCW, including:

(i) Foster parents licensed in chapter 110-148 WAC; and

(ii) Licensed kinship caregivers licensed in chapter 110-149 WAC; and

(2) Covers:

(a) Damages caused by children or youth who are in department approved placements, within available funds, including:

(i) Property damages or property loss; and

(ii) Emergency medical expenses for themselves or their household members;

(b) Acts of ordinary negligence; and

(c) Costs for approved items not covered by the caregiver's insurance and up to the total amount the department may pay for the occurrence, per WAC 110-50-1060; and

(3) Does not cover illegal or deceitful acts taken by the caregivers in subsection (1) of this section.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1010, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0345, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1020 Definitions.

"Caregivers" means individuals approved by the department to provide 24-hour care in their home to children and youth, including foster parents, licensed kinship caregivers, unlicensed kinship caregivers, and certified respite providers.

"Caseworkers" means agency workers assigned to children or youth through the department or another government agency including tribal governments.

"Children" or "youth" means individuals who are placed by the department and are:

(a) Younger than 18 years old; or

(b) Participating in the extended foster care program and not placed in a supervised independent living (SIL) setting.

"Department" means the Washington state department of children, youth, and families.

"Extended foster care" means the same as defined in RCW 74.13.020.

"Group care facilities (GCFs)" means licensed facilities, other than foster family homes or residential private schools, that are maintained and operated for a group of children or youth in an overnight shelter or on a 24-hour basis.

"Occurrence" means the calendar date when an act by a child or youth in an approved department placement or receiving respite care caused the damages reported in the claim that includes:

(a) Property damages;

(b) Property loss; and

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1020, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0350, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1030 Eligibility criteria for the caregiver reimbursement program.

(1) For caregivers to be eligible for the caregiver reimbursement program, occurrences must have happened on the dates when the children or youth were:

(a) Placed in their home by the department; or

(b) At their home for respite and the caregiver was receiving respite payments from the department.

(2) The following placements are not eligible to receive reimbursement from the caregiver reimbursement program:

(a) GCFs;

(b) Trial return home placements;

(d) Youth missing from care;

(e) Overnight status with parents or guardians;

(f) Extended foster care youth in a supervised independent living (SIL) setting; and

(g) Inpatient treatment facilities.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1030, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0355, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1040 Submitting the caregiver reimbursement program claim.

(1) Caregivers must complete the following when submitting their claims for the caregiver reimbursement program:

(a) Submit their claims within 90 calendar days of the occurrence of the property damages, property loss, or emergency medical expenses by:

(i) Obtaining the current claim form from a department employee or the department's website;

(ii) Completing their claim forms and include:

(A) A description of the specific items damaged;

(B) A narrative detailing the occurrences;

(D) One of the following:

(I) A detailed invoice, estimate, or receipt that includes proof of payment in full;

(II) A detailed invoice or estimate and separate proof of payment in full; or

(E) The disclosure of whether the items are covered by their public or private insurance policy;

(F) Clear photos of the damages for each claim item; and

(G) Their signature;

(iii) Submitting the completed claims with the required documentation to both the:

(A) Child's or youth's caseworker; and

(B) Caregiver claims manager; and

(b) Include a statement with the reasons for the delay when filing claims more than 90 calendar days after the occurrence and the department will determine whether the claims will be reviewed.

(2) The department will determine whether the claims submitted more than 90 calendar days after the occurrence will be eligible for review.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1040, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0360, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1050 Determining the reimbursement amount for caregiver reimbursement program claims.

The caregiver claims manager must:

(1) Review caregiver reimbursement program claims and determine the reimbursable costs for:

(a) Damaged or destroyed items in the following order by determining if the items:

(i) Can be cleaned or repaired; or

(ii) Cannot be cleaned or repaired. If the items cannot be cleaned or repaired, the department will determine the comparable replacement cost using estimates based on the same attributes as the items that were damaged or destroyed;

(b) Emergency medical expenses related to the occurrence for the caregivers and their household members, including:

(i) Medical;

(ii) Dental; and

(iii) Vision;

(d) Animal loss;

(2) Provide the final decision in writing that includes:

(a) The department's decision on whether the caregivers' claims are eligible for reimbursement; and

(b) The amount that will be paid by the department for eligible items;

(3) Reimburse caregivers for the approved claim items within program limits and available funds; and

(4) Maintain oversight of claims and payments.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1050, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0365, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1060 Reimbursement limitations for the caregiver reimbursement program.

(1) The department will:

(a) Follow these reimbursement limitations when determining reimbursement amounts for the caregiver reimbursement program claims:

(i) The total amount the department will pay as the result of one occurrence must not exceed:

(A) $10,000 for all property damages and losses;

(B) $3,000 for claims related to the ownership and operation of a motor vehicle;

(D) $500 for emergency veterinary expenses;

(ii) For damage caused over a period of time, the date of the occurrence is the last date the damages occurred;

(iii) The total reimbursement cost is assessed for each occurrence separately and includes the costs for each item in the occurrence;

(iv) The limitations for each occurrence must apply regardless of whether there are multiple claims from the same occurrence;

(v) The total reimbursement cost for property damages or loss and emergency medical expenses are limited to the costs:

(A) Not covered in any insurance policies, up to the maximum occurrence costs in (a)(i) of this subsection;

(B) Of the insurance policy deductible and any out-of-pocket expenses, up to the maximum occurrence costs in (a)(i) of this subsection; and

(vi) Dental or vision appliances are limited to comparable replacements up to the maximum occurrence costs in (a)(i) of this subsection; and

(b) Consider damages from the same occurrence claimed by one or more caregivers in the same household as a single occurrence;

(i) Item cannot be cleaned or repaired; or

(ii) The comparable replacement cost of the item is less than the cleaning or repair cost;

(d) Reimburse for labor expenses for the amount payable to a licensed business;

(e) Reimburse caregivers or household members that complete repairs for materials only;

(f) Not require caregivers to use their insurance policy but will only consider reimbursement for the insurance deductible, coinsurance amounts, and any out-of-pocket expenses up to the limit of the occurrence in (a)(i) of this subsection;

(g) Limit veterinary expenses to animal emergency medical expenses; and

(h) Pay the replacement value for animal loss, not to exceed the substantiated value of the animal or maximum per occurrence, whichever is less.

(2) Caregivers must:

(a) Notify the department if their property damages or losses were paid, will be paid, or are covered by a homeowners', motor vehicles, or other public, personal, or business insurance policy; and

(b) Provide detailed medical bills and insurance statements or explanation of benefits showing the amount covered for emergency medical expenses.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1060, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0370, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1070 Exclusions from the caregiver reimbursement program.

The department will not provide caregiver reimbursement for the following:

(1) Claims resulting from:

(a) Caregivers' lost wages;

(b) Individuals other than the caregiver filing the claim;

(d) Loss of intangible assets;

(e) Damages to items that belong to the children or youth;

(f) Caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home or in respite care;

(g) Acts committed by licensed caregivers that are:

(i) Dishonest;

(ii) Fraudulent;

(iii) Criminal; or

(iv) Intentional;

(h) Caregivers deliberately leaving out important information for the claim;

(i) Caregivers' violation of any statute, ordinance, or regulation;

(j) Caregivers' illegal conduct or bad faith acts when providing care to children or youth;

(k) Caregivers' failure to:

(i) Give directions or instructions; or

(ii) Provide proper or adequate supervision;

(l) Sexual abuse or other sexual behaviors by any individual;

(m) A judgment against caregivers based on alienation of affection; and

(n) Acts by children or youth that occur while they are on a temporary planned, unplanned, or voluntary absence from the placement;

(2) Unsubstantiated claims; and

(3) Claims not received by the department within one year after the date of the occurrence, regardless of the reason for the delay in filing the claim.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1070, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0375, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1080 Caregiver reimbursement program claim denials.

The department:

(1) Will:

(a) Deny caregiver reimbursement program claims:

(i) That are not supported or substantiated by the evidence submitted;

(ii) For items or amounts not covered or excluded by the terms, limitations, or exclusions of the caregiver reimbursement program;

(iii) For ineligible placements; or

(iv) When the property damages, property loss, or emergency medical expenses are misrepresented or willfully concealed by caregivers or other parties involved; and

(b) Report caregiver reimbursement program claims found to be fraudulent or involving theft or collusion involving public funds per RCW 43.09.185; and

(2) May:

(a) Recover payments made for caregiver reimbursement program claims that were determined to be ineligible; or

(b) Refer caregiver reimbursement program claims found to be fraudulent involving theft or collusion involving public funds to the assistant attorney general and local law enforcement.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1080, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0380, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1090 Caregiver reimbursement program claim appeals.

(1) Caregivers:

(a) Must:

(i) Contact the caregiver claims manager to request the claim appeal form for the caregiver reimbursement program for property damages, property loss, or emergency medical expenses;

(ii) Include the justification and alternatives explored when requesting exceptions to the terms, limitations, and exclusions; and

(iii) Submit the claim appeal forms to the caregiver claims manager within 30 calendar days of the notification of the final claim decision from the department. If appeal requests are not received within 30 calendar days, the department will not review them;

(b) Cannot appeal the use of a private or public insurance policy available to them when the item is covered and reimbursable by their insurance policy. The department will not require them to use their insurance policy, but the reimbursement amounts will be determined as if they did, per WAC 110-50-1060; and

(2) The department will notify caregivers of the appeal decision within 90 calendar days of receipt of the claim appeal.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1090, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-1090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0385, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1095 Caregiver reimbursement program claim investigations.

(1) The department:

(a) May conduct investigations on caregiver reimbursement program claims; and

(b) Has the authority to have an inspector of its choice make a damage estimate when, and as often, as the department may require.

(2) Caregivers must allow the department to inspect the damaged property when requested.

History

Statutory Authority: RCW 74.13.031 and 74.13.335. WSR 26-09-128, s 110-50-1095, filed 4/21/26, effective 5/22/26.

Wash. Admin. Code § 110-50-1100 What are the department's responsibilities for management of juvenile records?

The department must comply with the requirements of chapter 13.50 RCW for management of juvenile records. The department's responsibilities for management of those records are:

(1) To maintain accurate information and remove or correct false or inaccurate information;

(2) To take reasonable steps to ensure the security of records and to prevent tampering;

(3) To make every effort to ensure the completeness of records, including action taken by other agencies with respect to matters in its files; and

(4) To facilitate inquiries concerning access to records.

History

WSR 18-14-078, recodified as § 110-50-1100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0395, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1110 To whom may the department release records?

Subject to review the department may release records to the following persons:

(1) Other participants in the juvenile justice or care system only when an investigation or case involving the juvenile is being pursued by the other participants or when that participant is assigned the responsibility of supervising the juvenile. "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, the department and its contracting agencies, schools; persons or public or private agencies having children committed to their custody; and any placement oversight committee created under RCW 72.05.415;

(2) A contracting agency or service provider of the department that provides counseling, psychological, psychiatric, or medical services may release to the office of the family and children's ombudsman information or records relating to the provision of services to a juvenile who is dependent under chapter 13.34 RCW. The department may provide these records without the consent of the parent or guardian of the juvenile, or of the juvenile if the juvenile is under the age of thirteen, unless otherwise prohibited by law;

(3) A juvenile, a juvenile's parents, the juvenile's attorney, and the juvenile's parent's attorney;

(4) Any person who has reasonable cause to believe information concerning that person is included in the record;

(5) A clinic, hospital, or agency which has the subject person under care or treatment;

(6) Individuals or agencies engaged in legitimate research for educational, scientific, or public purposes when permission is granted by the court.

History

WSR 18-14-078, recodified as § 110-50-1110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0400, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1120 Under what circumstances may the department exclude or deny information from release unless authorized by law or court order?

The department may withhold the following information unless authorized or ordered by the court:

(1) Information determined by the department to likely cause severe psychological or physical harm to the juvenile or the juvenile's parents;

(2) Information obtained in connection with provision of counseling, psychological, psychiatric, or medical services to the juvenile, when the services have been sought voluntarily by the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency. Such information may not be disclosed to the juvenile's parents without the informed consent of the juvenile.

History

WSR 18-14-078, recodified as § 110-50-1120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0405, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1130 What may a juvenile or the juvenile's parent do if the department denies access to information?

(1) A juvenile or the juvenile's parent may file a motion in juvenile court requesting access to the records.

(2) The person making the motion must give reasonable notice of the motion to all parties.

History

WSR 18-14-078, recodified as § 110-50-1130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0410, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1140 What are the requirements for release of foster parents' licensing records?

Foster parent licensing records may be disclosed upon request in accordance with RCW 42.56.070.

History

WSR 18-14-078, recodified as § 110-50-1140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090. WSR 09-16-045, § 388-25-0095, filed 7/28/09, effective 8/28/09. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0095, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1170 Legal basis for managing and using unearned income and resources for foster children and youth.

The legal basis for the department managing and using foster children's and youth's unearned income and resources are:

(1) RCW 74.13.031; and

(2) RCW 74.13.060.

History

Statutory Authority: RCW 74.13.031 and 74.13.060. WSR 25-24-064, s 110-50-1170, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 110-50-1180 Purpose.

The department will apply for and use any unearned income and resources, including reimbursements, benefits, payments, funds, or accruals paid to or on behalf of children or youth in foster care to cover the amount of public assistance used on their behalf as outlined in RCW 74.13.060.

History

Statutory Authority: RCW 74.13.031 and 74.13.060. WSR 25-24-064, s 110-50-1180, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 110-50-1190 Definitions.

WAC 110-50-1190

The following definitions apply to this chapter:

"Department" means the Washington state department of children, youth, and families.

"Out-of-home care" means the same as defined in RCW 13.34.030.

"Retirement, survivors, and disability insurance (RSDI)" means the same as the federal Old-Age, Survivors, and Disability Insurance Benefits as defined in 42 U.S.C. § 401-433.

"Social Security Disability Income (SSDI)" means the same as defined in 42 U.S.C. § 423.

"Supplemental Security Income (SSI)" means the same as defined in 42 U.S.C. § 1381a.

History

Statutory Authority: RCW 74.13.060 and 74.13.031. WSR 26-11-058, s 110-50-1190, filed 5/19/26, effective 7/1/26
WSR 25-24-064, s 110-50-1190, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 110-50-1200 Department requirements for managing and using unearned income and resources for eligible children and youth in foster care.

WAC 110-50-1200

The department must:

(1) Complete the following when managing and using foster children's and youth's unearned income and resources:

(a) Notify their caregivers and all legal parties to the dependency case when the department applies for benefits on behalf of children and youth; and

(b) Count the following as unearned income for foster children and youth unless exempted by the terms and conditions of the receipt of the income when they are eligible to receive:

(i) SSI;

(ii) SSDI;

(iii) RSDI;

(iv) Veteran's benefits;

(v) Inheritances; or

(vi) Any other payments; and

(2) Use income not exempted to cover the child's cost of care, except for resources held in trust for an Indian child.

History

Statutory Authority: RCW 74.13.060 and 74.13.031. WSR 26-11-058, s 110-50-1200, filed 5/19/26, effective 7/1/26
WSR 25-24-064, s 110-50-1200, filed 12/1/25, effective 1/1/26. WSR 18-14-078, recodified as § 110-50-1200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0210, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-50-1210 Veteran's benefits for eligible children and youth in foster care.

The department may receive benefits on behalf of children or youth placed in out-of-home care by the court, when approved by the veteran's administration.

History

Statutory Authority: RCW 74.13.031 and 74.13.060. WSR 25-24-064, s 110-50-1210, filed 12/1/25, effective 1/1/26. WSR 18-14-078, recodified as § 110-50-1210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0245, filed 3/30/01, effective 4/30/01.

Chapter 110-60 Adoption program.

Wash. Admin. Code § 110-60-0010 What is the legal basis for and purpose of the department's adoption program?

(1) Adoption services are included in RCW 74.13.020 as a child welfare service.

(2) The purpose of the department's adoption program is to meet the permanency needs of children who are in the department's care and custody.

(a) The agency that has the responsibility for providing services to the family and makes permanent plans for children.

(b) The permanent plan must include a primary outcome and may also include alternate outcomes (see RCW 13.34.145). Possible permanent plans include:

(i) Return home;

(ii) Adoption;

(iii) Guardianship;

(iv) Permanent legal custody; or

(v) Independent living if the child is over age sixteen.

History

WSR 18-14-078, recodified as § 110-60-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0005, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0020 What definitions apply to the department's adoption program?

"Agency" means any public or private association, corporation, or individual licensed or certified by the department as a child placing agency under chapter 74.15 RCW or as an adoption agency.

"Adoptee" means a person who is to be adopted or who has been adopted.

"Adoption" means the legal granting of the adoption decree consistent with chapter 26.33 RCW.

"Adoptive parent" refers to a person or persons who seeks to adopt or who has adopted.

"Alleged father" refers to a person whose parent-child relationship has not been terminated, who is not a presumed father under chapter 26.26 RCW, and who alleges to be the father or whom a party alleges to be the father of the child. It includes a person whose marriage to the mother was terminated more than 300 days before the birth of the child or who was separated from the mother more than 300 days before the birth of the child.

"Approved adoptive home" refers to any person or persons who has been approved for adoption in a preplacement report completed pursuant to RCW 26.33.190.

"Birth parent" means the biological mother or biological or alleged father of a child, including a presumed father under chapter 26.26 RCW, whether or not a court of competent jurisdiction has terminated the person's parent-child relationship.

"Child placing agency" means an agency licensed by the department to place children for temporary care, continued care, or adoption.

"Children's administration" (CA) means the cluster of programs within the department of social and health services responsible for the provision of child welfare, adoption, child protective, child care licensing, and other services to children and their families.

"Department" means the department of children, youth, and families (DCYF).

"Department placement" refers to the placement of a child for whom the department has placement authority in an approved adoptive home.

"Division of children and family services" (DCFS) is the division of children's administration that provides child welfare, child protective, family reconciliation, and support services to children in need of protection and their families.

"Division of licensed resources" (DLR) is the division of children's administration responsible for licensing or certifying child care homes and facilities under the authority of chapter 74.15 RCW.

"Foster-adopt" refers to families that are interested in adoption who have an approved adoptive home study and who have also been granted a foster home license in accordance with chapter 388-148 WAC.

"Independent placement" refers to the placement of a child in an adoptive home by a doctor, attorney, or other individual acting as a facilitator.

"Inter-country placement" refers to the placement of a child for adoption who is not a resident and/or citizen of the United States.

"Relative" means a person related by blood, marriage, or legal adoption, as defined in RCW 74.15.020.

"Voluntary adoption plan" means an agreement by the birth parent(s) to the termination of parental rights with a specific proposal for adoptive placement for the child.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-60-0020, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-60-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0010, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0030 What are the eligibility criteria for the department's adoption program?

(1) The department provides adoption services to any child in the department's care and custody:

(a) With an identified permanent plan of adoption; or

(b) When the department considers adoption as an alternate permanent plan; and

(i) The child is in supervised out-of-home care; or

(ii) The child's birth parent(s) requests adoption as a permanent plan prior to the child's placement in out-of-home care.

(2) The department considers families who apply for adoption services to be resources for children in the department's care and custody if the potential parent(s) is:

(a) Legally competent;

(b) Eighteen years of age or older; and

History

WSR 18-14-078, recodified as § 110-60-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0015, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0040 When does the department provide general adoption services?

The department provides general adoption services throughout the case planning of any child with an identified primary or alternate permanent plan of adoption until:

(1) Finalization of the adoption; or

(2) Adoption is no longer the identified permanent plan.

History

WSR 18-14-078, recodified as § 110-60-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0020, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0050 What general adoption services does the department provide?

(1) The department provides the following general adoption services prior to the finalization of an adoption:

(a) Social work services to birth parents and children to achieve a permanent family for each child;

(b) Use of the courts, legal counsel, and juvenile court specialists for termination of parental rights and granting of adoption petitions;

(d) Recruitment, study, and approval of adoptive and foster-adopt families;

(e) Assessment of the child and the current caretaker to determine if the placement is an appropriate adoptive placement;

(f) Placement of children with waiting adoptive or foster-adopt family;

(g) Social work services and/or referral of children and families to services after placement to facilitate the adoption;

(h) Development of alternate plans when the planned adoptive placement is not in the best interest of the child and/or the adoptive family; and

(i) Location and exchange, on a state and national basis, of information about children and adoptive families.

(2) The department administers the state's adoption support program on behalf of eligible children adopted through the department or a private child-placing agency (see WAC 388-25-0120 and following).

(3) The department administers the interstate compact on the placement of children (ICPC) and the interstate compact on adoption and medical assistance (ICAMA) and cooperates, upon request, with other state and tribal child welfare agencies in adoptive planning for children.

History

WSR 18-14-078, recodified as § 110-60-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0025, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0060 What procedures must the department follow for the interstate placement of children?

(1) Washington state is a member of Interstate Compact on Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA) and must meet all compact requirements (see chapter 26.34 RCW).

(2) The rules of this chapter apply to accepted ICPC cases.

History

WSR 18-14-078, recodified as § 110-60-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0030, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0070 What adoption services does the department provide for children in the department's care and custody?

(1) The department's adoption services for children include:

(a) Social work services with birth parents focused on locating a permanent home for the children.

(b) Social work services with children focusing on the child's educational, medical, psychological, and developmental needs;

(d) Facilitating voluntary relinquishments when a voluntary adoption is in the child's best interests;

(e) Assessment of children to determine their medical and social needs including, as needed:

(i) Psychiatric evaluations;

(ii) Psychological evaluations;

(iii) Educational evaluations; and

(iv) Medical evaluations;

(f) Evaluating prospective adoptive families through the use of the adoptive home study, also known as the preplacement report, to determine appropriateness for adoption generally and to determine What specific child characteristics or needs that the family will best be able to meet.

(g) Making adoptive placements that are best able to meet a child's needs, from available resources;

(h) Social work services and/or referral of children and families to services after placement;

(i) The department social worker assigned to finalizing the adoption will assist families complete the adoption support program application for children who may be eligible for the adoption support program;

(j) Provision of post-placement reports and other documents required for finalization to the court for a child when the department:

(i) Conducts the post-placement reports and other documents required for finalization to the court for a child when the department:

(ii) Has custody of the child;

(k) Provision of the consent to the adoption of a child in the department's custody.

(2) Every six months, the department must review and adjust the case plan for children continuing in foster care under department care and supervision. The CA social worker must develop the case plan in accordance with chapter 13.34 RCW to achieve the permanency planning goals for the child.

(3) The department may utilize the following methods to locate an adoptive resource for a child until the child has been placed with an adoptive family:

(a) Ask birth parents to identify a potential adoptive family;

(b) The department prefers to place a child for adoption with a fit and willing relative who is known to the child and with whom the child is comfortable:

(i) Conduct searches for relatives who are fit and willing to adopt the child, who are known to the child and with whom the child is comfortable;

(ii) Ask the relatives to be considered as a potential adoptive family;

(d) Consider families that have an approved adoptive home study; and/or

(e) Conduct individualized child specific family recruitment.

History

WSR 18-14-078, recodified as § 110-60-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0035, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0080 What adoption services does the department provide for prospective and approved adoptive families?

(1) For department placements, the department:

(a) Accepts applications from families residing in the state of Washington that are interested in adopting a child who is in the care and custody of the department. Children in the care and custody of the department may have special needs.

(b) Initiates an adoptive home study and achieves one of the following outcomes:

(i) Approves the family for an adoptive placement and registers the family with the contracted adoption resource exchange unless a placement decision has already been made;

(ii) Denies the application to adopt; or

(iii) The family withdraws the application to adopt.

(d) Obtains the prospective adoptive child's available medical and family background information and discloses the available information to the adoptive family;

(e) Removes a family from the contracted adoption resource exchange for any of the following reasons:

(i) A child has been placed with the family;

(ii) The family decides to receive adoption services through a private agency or an independent placement;

(iii) The department receives additional information that causes the department to revoke the approved status of a family;

(iv) The family and/or social worker determines that adoption is no longer an appropriate plan for the family; and/or

(v) The family relocates its residence to another state.

(f) Reevaluates a family's situation at the time of reapplication if a family was removed from the exchange registry and reapplies for adoption services;

(g) Informs families in writing of action the department has taken, according to the rules of this chapter;

(2) The department does not provide adoption or adoption-related services for inter-country adoptions or for independent adoptions.

History

WSR 18-14-078, recodified as § 110-60-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0040, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0090 When may the department place a dependent child (not legally free) into an adoptive home?

The department may place a child into a foster-adopt home under the following conditions:

(1) When the identified family has been granted a foster home license in accordance with chapter 388-148 WAC; and

(2) When the identified family has an approved adoptive home study that has been filed with the court in compliance with RCW 26.33.190.

History

WSR 18-14-078, recodified as § 110-60-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0045, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0100 When may a legally free child be placed into an adoptive home?

The department may place a child into an adoptive home under the following conditions:

(1) When the identified prospective adoptive family has an approved adoptive home study; and

(2) The adoptive home study has been filed with the court in compliance with RCW 26.33.190.

History

WSR 18-14-078, recodified as § 110-60-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0050, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0110 What is a voluntary adoption plan?

A voluntary adoption plan (VAP) occurs when a parent(s) has agreed to the termination of parental rights and has proposed a specific adoptive placement for the child.

History

WSR 18-14-078, recodified as § 110-60-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0055, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0120 When must the department follow a voluntary adoption plan?

The department must follow the voluntary plan for adoption if:

(1) The prospective adoptive parents chosen by the parent are properly qualified to adopt in compliance with chapter 26.33 RCW or WAC 388-25-0025; and

(2) The court determines that this adoption is in the best interest of the child; and

(3) The VAP is proposed to the department before a petition for termination of the parent-child relationship has been filed.

History

WSR 18-14-078, recodified as § 110-60-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0060, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0130 Will the department consider a proposed voluntary adoption plan if a termination petition has already been filed at the request of the department?

If the attorney general's office has filed a termination petition at the request of the department, the department must consider, but is not required to support, an adoptive resource proposed by the parent.

History

WSR 18-14-078, recodified as § 110-60-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0065, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0140 What will the department do to implement a voluntary adoption plan?

The department must take the following actions to implement a VAP:

(1) The assigned CA social worker must work with the parent to determine whether the parent will identify a preferred adoptive placement by name.

(2) If a parent identifies a preferred placement, the assigned social worker must advise the parent and the proposed adoptive parent(s) that an adoption home study must be completed. CA, a private agency, or a qualified individual may complete the adoptive home study (see RCW 26.33.190).

(3) If the proposed adoptive parent chooses to have an adoptive home study completed by a private agency or qualified individual, CA retains the right to do its own home study if CA has concerns regarding the recommendations contained in the nondepartmental home study.

(4) Using approved procedures for determining suitability to be an adoptive resource, the child's social worker and the social worker for the adoptive family must determine:

(a) That the preplacement investigation and report, as described in RCW 26.33.190, on the proposed family results in approval of the adoptive placement; and

(b) That this placement is in the best interest of the child.

History

WSR 18-14-078, recodified as § 110-60-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0070, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0150 What must the department do to maintain confidentiality of adoption records?

(1) In accordance with chapter 26.33 RCW all records and information the department obtains in providing adoption services are confidential.

(2) To ensure that the department case file of an adopted child remains confidential, the CA local office must send the child's case file to CA headquarters for archiving upon the issuance of the decree of adoption.

History

WSR 18-14-078, recodified as § 110-60-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0075, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0160 Under what conditions may the department reveal identifying information about the birth parent?

When providing reports or information on the adoptive child to the prospective or actual adoptive parents, the department must not reveal the identity of the birth parents of the child, unless:

(1) There is a written open communication agreement where the identity of the birth parent(s) is known;

(2) The birth parent is already known to the adoptive family; or

(3) The birth parent has selected the adoptive family, and the birth parent's identity has already been established.

History

WSR 18-14-078, recodified as § 110-60-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0080, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0170 What must the department, private practitioner, or child placing agency do to locate records and information relating to the birth parents and the child?

(1) The social worker, child placing agency, or another assigned worker must make the following efforts to locate records and information relating to the birth parent and the child:

(a) Ask the birth parents, the child, and relatives, when available, for names of all:

(i) Physicians;

(ii) Treatment agencies for medical, psychological, or educational services that have seen the parent or child for examination, evaluation, or treatment; and

(iii) Schools attended by the child and the parent.

(2) The social worker, contractor, or another assigned worker must contact the children's administration supplemental security income (SSI) facilitator to obtain medical, psychological, or social information gathered during any SSI screen or application process.

(3) The social worker, contractor, or another assigned worker must document efforts, including unsuccessful efforts, made to obtain information by:

(a) Placing the gathered records in the child's case file;

(b) Documenting the information on the child's health and education record;

(d) Maintaining copies of written requests to service providers for records in the child's case file;

(e) Documenting efforts on the Child's Medical and Family Background Report, DSHS 13-041(X), unless the information is already documented on the health and education passport in CAMIS.

History

WSR 18-14-078, recodified as § 110-60-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0085, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0180 What information must the department or child placing agency provide to prospective adoptive parents about the child that is being considered for adoption?

(1) The department or the child placing agency must provide a medical report containing all known and available information concerning the mental, physical, and sensory handicaps of an adopted child, or a child placed for adoption, to the adoptive or prospective adoptive parents under the authority of RCW 26.33.020, 26.33.340, 26.33.343 and 26.33.350.

(2) The department or the child placing agency worker must provide the child's medical and family background report, DSHS 13-041(X), to the prospective adoptive parents. This report must include documentation of efforts made to obtain medical and social information on the child and birth parents.

(3) The department must provide a social history report on the child and birth family that includes, at a minimum in accordance with RCW 26.33.380:

(a) Circumstances of the child's birth including all child medical records known and available to the department;

(b) All case notes from the child's file to provide a chronological report of how the child came to be available for adoption;

(d) The dependency fact finding court report and the latest court reports pertaining to the dependency and custody of the child at time of pre-adoption disclosure;

(e) The child's education history, including school reports and records known and available to the department; and

(f) The child's psychological and psychiatric reports and recommendations known and available to the department.

History

WSR 18-14-078, recodified as § 110-60-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 18-11-075, § 388-27-0090, filed 5/16/18, effective 6/16/18
WSR 01-08-047, § 388-27-0090, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0190 What information must the department or child placing agency provide to prospective adoptive parents about the birth parent(s) of a child being considered for adoption?

The department or the child placing agency must provide a nonidentifying report on the birth parent(s) that includes any known and available social and medical information on the child's birth parent(s) in accordance with RCW 26.33.380. This information regarding the birth parent(s) must include but is not limited to:

(1) First names only;

(2) Current age of parent(s);

(3) Heritage, including nationality, ethnic background, and race;

(4) General physical appearance, including height, weight, color of hair, eyes, and skin or other information of a similar nature;

(5) Education, including the number of years of school completed at the time of the adoption, and school report (if still attending), but not the name or location of the school;

(6) Religion or religious heritage;

(7) Occupation, but no specific titles or places of employment;

(8) Talents, hobbies, and special interests;

(9) Family history and circumstances leading to the adoption;

(10) Medical and genetic history including:

(a) Available psychiatric, psychological, and substance abuse reports;

(b) Available medical history including any acute or chronic conditions;

(c) Available medical history of the birth and pregnancy, including any known substance abuse by the birth mother while pregnant.

(11) First names other children of birth parents by age and sex;

(12) Available medical histories of other children;

(13) Extended family of birth parents by age and sex;

(14) Medical histories of extended family members, if known;

(15) The fact of the death, age at death, and cause, if known, of a birth parent;

(16) Photographs of child and birth family, if available; and

(17) Name of agency or individual that facilitated the adoption.

History

WSR 18-14-078, recodified as § 110-60-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0100, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0200 When will the department, private practitioner, or child placing agency disclose required information?

The department, private practitioner, or child placing agency must disclose available child and birth family medical and social background information prior to the finalization of an adoption. Disclosure may occur:

(1) Prior to the placement of a child into an adoptive home; or

(2) At the time when a placement is identified as an adoptive placement.

History

WSR 18-14-078, recodified as § 110-60-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0105, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0210 How does an adoptee, adoptive parent, or birth parent obtain nonidentifying information from an archived adoptive record?

(1) Nonidentifying information about the birth parents, adoptee, or adoptive parent may be shared with persons identified in RCW 26.33.020 and 26.33.340.

(2) If the adoption was facilitated through the department, a request for information must be made in writing to the state office of Children's Administration, P.O. Box 45713, Olympia WA 98504-5713. The state office is the sole source for releasing information from an archived record.

History

WSR 18-14-078, recodified as § 110-60-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0110, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-60-0220 What is the department response to requests for public disclosure of an adoptive record?

The department complies with the requirements for disclosure of public records in RCW 26.33.340.

History

WSR 18-14-078, recodified as § 110-60-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-27-0115, filed 3/30/01, effective 4/30/01.

Chapter 110-80 Adoption support program.

Wash. Admin. Code § 110-80-0010 What is the legal basis of the department's adoption support program?

The legal authorities for the program are:

(1) Chapter 74.13A RCW;

(2) 42 U.S.C. Sec. 671-675;

(3) 45 C.F.R. Sec. 1356; and

(4) The U.S. department of health and human services (DHHS) policy guidelines for states to use in determining a child's eligibility for Title IV-E adoption assistance benefits (contained in DHHS Child Welfare Policy Manual).

History

WSR 18-14-078, recodified as § 110-80-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40 and RCW 74.13A.020(1). WSR 18-14-008, § 388-27-0120, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0120, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0120, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0020 What is the purpose of the adoption support program?

The adoption support program encourages the adoption of special needs children in the legal custody of public or private nonprofit child care agencies who would not be adopted if support for the child was not available.

History

WSR 18-14-078, recodified as § 110-80-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0125, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0030 What definitions apply to the adoption support program?

The following definitions apply to this chapter:

"Adoption" means the granting of an adoption decree consistent with chapter 26.33 RCW.

"Adoption support agreement" means a written contract between the adoptive parents and the department that identifies the specific benefits available to the adoptive parents and other terms and conditions of the agreement.

"Adoption support cash payment" means negotiated monthly cash payments paid pursuant to an adoption support agreement between the adoptive parents and the department.

"Applicant" means a person or couple applying for adoption support on behalf of a child the person or couple plans to adopt.

"Child placing agency (CPA)" means an agency or tribe licensed to place children for foster care or adoption and may be contracted by the department to provide professional therapeutic foster care services.

"Department" means the department of children, youth, and families.

"Extenuating circumstances" means a finding by an administrative law judge or a review judge that one or more qualifying conditions or events occurred that erroneously prevented an otherwise eligible child from being placed on the adoption support program prior to adoption.

"Medical services" means services covered by medicaid and administered by the health care authority.

"Negotiation" means the process of working toward an agreement between the department and the adoptive parent on the terms of the adoption support agreement.

"Nonrecurring costs" means reasonable, necessary, and direct expenses related to the cost of finalizing the adoption of a special needs child.

"Placing agency" means the public or private nonprofit agency that has the legal authority to place the child for adoption.

"Program" means the department's adoption support program.

"Reconsideration" means the limited state-funded support that may be available to an eligible child whose adoption was finalized without a valid adoption support agreement in place.

"Resident state" (for purposes of the child's medicaid eligibility) means the state in which the child physically resides. In some cases this may be different from the state of the parent's legal residence.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-80-0030, filed 8/28/24, effective 9/28/24. Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0030, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0130, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0130, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0130, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0040 What are the eligibility criteria for the adoption support program?

For a child to be eligible for participation in the adoption support program, the child must:

(1) Be less than eighteen years old when the department and the adoptive parents sign the adoption support agreement and at the time the adoption is finalized;

(2) Be legally free for adoption or eligible for a customary adoption;

(3) Be placed with a family with an approved preplacement report or home study (see RCW 26.33.190);

(4) Be a child with "special needs" as defined in WAC 110-80-0050; and

(5) Meet at least one of the following criteria:

(a) Is residing in a foster home or child caring institution or was determined by the department to be eligible for and likely to be so placed (For a child to be considered "eligible for and likely to be placed in foster care" the department must have opened a case and determined that removal from the home was in the child's best interest); or

(b) Is eligible for federally funded adoption assistance as defined in Title IV-E of the Social Security Act, the C.F.R., and the U.S. DHHS guidelines for states to use in determining a child's eligibility for Title IV-E adoption assistance.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0040, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0135, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0135, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0135, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0050 What constitutes a "special needs"?

To be considered a child with special needs the following three statements must be true:

(1) One or more of the following factors or conditions must exist, the child is:

(a) Of a minority ethnic background and the child's ethnicity is creating a barrier to the child's adoption;

(b) Six years of age or older at the time of application for adoption support;

(c) A member of a sibling group of three or more or of a sibling group in which one or more siblings meets the definition of special needs, as defined in this section;

(d) Diagnosed with a physical, mental, developmental, cognitive or emotional disability; or

(e) At risk for a diagnosis of a physical, mental, developmental, cognitive or emotional disability due to prenatal exposure to toxins, a history of serious abuse or neglect, or genetic history.

(2) The state has determined that the child cannot or should not be returned to the home of the legal parent; and

(3) The department, other public or private non-profit child welfare agency, or child placing agency that placed the child for adoption has documented that except where it would be against the best interests of the child, the placing agency made a reasonable but unsuccessful effort to place the child for adoption without adoption support.

History

WSR 18-14-078, recodified as § 110-80-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0140, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0140, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0060 What constitutes a reasonable effort to place a child for adoption without adoption support?

Reasonable effort to place a child without adoption support includes a child:

(1) Registered for three months with the Washington adoption resource exchange (WARE) without finding an adoptive family;

(2) For whom a documented, agency search was conducted by the placing agency for three months, without finding a family who would adopt the child without adoption support services; or

(3) For whom the placing agency's selected prospective adoptive family is unable to adopt the child without assistance from the adoption support program.

History

WSR 18-14-078, recodified as § 110-80-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0145, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0145, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0070 Under what circumstances would it be against the best interest of the child to search for a family that could adopt the child without adoption support?

(1) When a foster parent desires to adopt a child who:

(a) Has been in the foster parent's home for three months or more before that child becomes legally free for adoption;

(b) The child has close emotional ties to the current foster parent which, if severed, may cause emotional damage to the child; and

(c) The foster parent has an approved adoptive home study, and is identified as the adoptive parent of choice by the department or placing agency staff (RCW 26.33.190); or

(2) The adoptive parent is a relative of the child as defined in RCW 74.15.020 (2)(a) and has an approved adoptive home study that meets the requirements of RCW 26.33.190.

History

WSR 18-14-078, recodified as § 110-80-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0150, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0150, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0080 Are there other factors affecting a child's eligibility for adoption support?

(1) A child is not eligible for adoption support program services and payments if the adopting parent is the birth parent or current stepparent of the child.

(2) The department must not use the adoptive parents' income as a basis for determining the child's eligibility for the adoption support program, however, the department must consider income and other financial circumstances of the adopting family as one factor in determining the amount of any adoption support cash payments to be made.

History

WSR 18-14-078, recodified as § 110-80-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0155, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0155, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0155, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0090 How does a prospective adoptive parent apply for adoption support?

(1) An applicant may apply through the public or private agency social worker of the child to be adopted, if the child is in the custody of the department. The social worker will:

(a) Register the child with the adoption support program; and

(b) Submit the applicant's completed program application along with a completed worksheet used to assist the family and the department in negotiating the amount of any monthly cash payment.

(2) An applicant may also apply directly to the adoption support program for adoption support if the child does not have an assigned social worker.

History

WSR 18-14-078, recodified as § 110-80-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0160, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0160, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0160, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0100 What requirements apply to an application for ongoing adoption support?

(1) The application must include a copy of the child's medical and family background report signed by the adoptive parent(s) (DCYF 13-041). It must also include copies of department records or medical or therapist reports that document the child's physical, mental, developmental, cognitive, or emotional disability, or risk of any such disability.

(2) The applicant must include a copy of a preplacement report or home study completed by the department, an agency, or an individual approved by the court (see RCW 26.33.190(1)).

(3) If the applicant is requesting a monthly cash payment, the applicant and the department must mutually agree to the amount of the payment according to the requirements of WAC 110-80-0220.

(4) If the applicant is requesting reimbursement of nonrecurring costs, the applicant must include this request in the application. (See WAC 110-80-0430 and 110-80-0440 for the type and amount of expenses the department may reimburse.)

(5) The applicant must furnish a copy of the applicant's most recently filed federal income tax return. If the applicant is not required to file a federal income tax return, the applicant must submit a financial statement with the applicant's adoption support application.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0100, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0165, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0165, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0165, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0110 What is the nature and purpose of an adoption support agreement?

The adoption support agreement is a binding contract between the adoptive parent(s) and the department that identifies the terms and conditions that both parties must follow.

History

WSR 18-14-078, recodified as § 110-80-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0170, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0120 What must be included in an adoption support agreement?

The adoption support agreement must:

(1) State the amount of any cash payments the department must make to the adoptive parent(s) on behalf of the child;

(2) State that the child is eligible for medical assistance through medicaid;

(3) State that participation in the adoption support program will continue, as long as the child is eligible, regardless of where the adoptive family resides;

(4) State that a change in the adoptive family's circumstances or the child's needs may warrant further renegotiation and adjustment of the payment as mutually agreed to by the adoptive parents and the department;

(5) State the basis for termination or suspension of benefits under the agreement; and

(6) Include information that a youth adopted after age fourteen may have continued eligibility in the college bound scholarship program.

History

WSR 18-14-078, recodified as § 110-80-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0175, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0175, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0175, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0130 When must the adoption support agreement be signed?

The adoption support agreement must be signed by all parties before the final adoption decree is issued.

History

WSR 18-14-078, recodified as § 110-80-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0178, filed 6/21/18, effective 7/22/18.

Wash. Admin. Code § 110-80-0140 If the adoptive family resides in or moves to another state, how is the child's participation in the adoption support program affected?

If the adoptive family resides in or moves to another state the child's participation in the adoption support program is affected as follows:

(1) Washington state remains responsible for any monthly cash payments made to the adoptive parent(s) on behalf of the child or any non-medicaid counseling that has been preauthorized by the adoption support program.

(2) If the child is not eligible for the Title IV-E adoption support program, medical benefits (Title XIX medicaid) remain the responsibility of Washington state until the child becomes eligible for the resident state's Title XIX program.

(3) If the child is eligible for Title IV-E adoption support, medical benefits (Title XIX medicaid benefits) become the responsibility of the resident state.

(4) Medicaid benefits included in Washington state's medicaid plan, but not included in the resident state's plan, remain the responsibility of Washington state and subject to Washington state's plan limits and requirements.

History

WSR 18-14-078, recodified as § 110-80-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0180, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0180, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0150 When does the adoption support agreement become effective?

The adoption support agreement takes effect on the day the adoption is finalized unless an agreement for earlier implementation of the agreement has been agreed to by all parties.

History

WSR 18-14-078, recodified as § 110-80-0150, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0185, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0185, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0160 When will department-funded foster care and foster day care payments end?

(1) Foster care payments are paid after the month of service. Adoption support payments are paid prior to the month.

(2) If the adoptive parent(s) receives department-funded foster care and foster care child care for the child to be adopted, the department's social worker assigned to the child will terminate that coverage on the day prior to the date the early implementation adoption support agreement was signed, or the day prior to the finalization of the adoption.

(3) If the adoptive parent is adopting a relative child and has been receiving funding through TANF the adoptive parent must notify the community services office financial services specialist that payment has been initiated through the adoption support program. The adoptive parent may not receive both the TANF grant and adoption support payments for the same month for the same child.

History

WSR 18-14-078, recodified as § 110-80-0160, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0190, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0190, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0190, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0170 When may the terms of the adoption support agreement be modified?

The terms of an adoption support agreement may be changed or modified only if both the adoptive parent(s) and the department agree to the modification. The department will consider a modification when:

(1) Requested by the adoptive parent(s);

(2) In the view of the department, it appears that specific circumstances warrant renegotiation and adjustment of monthly cash payment;

(3) The child is placed outside of the adoptive parents' home at department expense; or

(4) The adoptive parent has agreed to an automatic reduction clause in the agreement and the clause states that, based on the anticipated reduction in the needs of the child (for child care for example), the amount will be reduced on a specific date.

History

WSR 18-14-078, recodified as § 110-80-0170, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0200, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0200, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0200, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0180 Does the adoptive parent need to let the department know if the family's circumstances change?

The adoptive parent must inform the department's adoption support program of circumstances that might affect the child's eligibility for adoption assistance benefits, might result in an overpayment or missed payment, or might lead to modification of the agreement. Such changes include but are not limited to a:

(1) Significant change in the child's condition;

(2) Change in the marital status of the adoptive parent(s);

(3) Change in the legal or physical custody of the child; or

(4) Change in the adoptive family's mailing address.

History

WSR 18-14-078, recodified as § 110-80-0180, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0205, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0205, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0190 Under what circumstances are benefits under the adoption support agreement suspended?

(1) The monthly cash payment may be suspended if:

(a) The department cannot establish that the:

(i) Parents are legally responsible for the support of the child; or

(ii) Child is receiving any support from the parents; and

(b) Department has provided notice to the parents of the department's determination under subsection (1)(a)(i) or (ii) of this section, and of its intent to suspend the monthly cash payment in thirty days, if the parent does not provide documentation within that time to refute the department's determination; and

(2) If the parents provide satisfactory documentation of continued legal responsibility and financial support for the child, the payment may not be suspended. If the parents fail to provide satisfactory documentation, the department must send a notice stating the payment will be suspended. The parents have a right to request a hearing to challenge the suspension and must be provided notice of that right.

History

WSR 18-14-078, recodified as § 110-80-0190, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0208, filed 6/21/18, effective 7/22/18.

Wash. Admin. Code § 110-80-0200 Under what circumstances would the adoption support agreement be terminated?

The adoption support agreement is terminated according to the terms of the agreement or if any one of the following events occurs:

(1) The child reaches eighteen years of age, unless:

(a) The child was adopted at age sixteen or older and meets the requirements of an eligible category for the extended foster care program as described in RCW 74.13.031(11). In such cases, the department may extend the terms of the adoption support agreement so long as the child continues to fall within an eligible category and the adoptive parent continues to provide ongoing financial support or the youth turns twenty-one, whichever occurs first. Under no circumstances may the department extend the agreement beyond the child's twenty-first birthday.

(b) The child was adopted prior to age sixteen and is attending high school full time in a curriculum leading to a high school diploma or is attending an instructional program leading to a GED or high school equivalency certificate (HSEC) and continues to receive financial support from the adoptive parent(s), the department may extend the terms of the adoption support agreement until the child completes high school or achieves a HSEC. Under no circumstances may the department extend the agreement beyond the child's twenty first birthday.

(c) Adoption support benefits will automatically stop on the child's eighteenth birthday unless the parent(s) requests continuation per this rule and have provided documentation of the child's continuation in school or other qualifying program. To prevent disruption in services the parent should contact the adoption support program at least ninety days prior to the child's eighteenth birthday if continued services are to be requested.

(2) Upon the child's death;

(3) The child is under eighteen years and the department determines the parents are no longer financially or legally responsible for the support of the child;

(4) The child is under eighteen years old and the department determines the child is no longer receiving any support from the parents; or

(5) The adoptive parents die. (A child who met federal Title IV-E eligibility criteria for adoption assistance will be eligible for adoption assistance in a subsequent adoption.)

History

WSR 18-14-078, recodified as § 110-80-0200, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40 and RCW 74.13.031(11). WSR 18-14-008, § 388-27-0210, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0210, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0210, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0210 What benefits are available to adoptive parents through the adoption support program?

The adoption support program provides:

(1) Reimbursement for nonrecurring adoption finalization costs;

(2) Monthly cash payments, as negotiated by the parties;

(3) Payment for counseling services as preauthorized which are not available from the state's medicaid mental health services (see WAC 110-80-0240 for conditions and terms); and

(4) Medical assistance through the department's medicaid program.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0210, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0210, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0215, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0215, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0215, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0220 What factors affect the amount of the monthly adoption support payments an adoptive parent receives?

(1) The amount of the adoption support monthly cash payment is determined through the discussion and negotiation process between the adoptive parents and representatives of the department based upon the needs of the child and the circumstances of the family. The payment that is agreed upon should combine with the parents' resources to cover the ordinary and special needs of the child projected over an extended period of time. Anticipation and discussion of these needs are part of the negotiation of the amount of the adoption assistance payment.

(2) Family circumstances to be considered include:

(a) Size, including the adopted child;

(b) Normal living expenses, including education and childcare expenses;

(d) Income;

(e) Resources and savings plans;

(f) Medical care and hospitalization needs;

(g) Ability to purchase or otherwise obtain medical care; and

(h) Additional miscellaneous expenses related to the adopted child.

(3) The department and the adoptive parents will jointly determine the level of adoption support cash payments needed to meet the basic needs of the child without creating a hardship on the family. However, under no circumstances may the amount of the adoption support monthly cash payment the department pays for the child exceed the statutory cap for the adoption support maintenance payment, under RCW 74.13A.047.

(4) Where warranted, and where specifically set forth in the agreement, the adoptive parents and department may agree that specific circumstances require a particular payment for a limited period of time and, as set forth in the agreement, the payment will be automatically adjusted or renegotiated at the expiration of the time period.

History

WSR 18-14-078, recodified as § 110-80-0220, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40 and RCW 74.13A.025. WSR 18-14-008, § 388-27-0220, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.031, 2002 c 371 § 202(8), 42 U.S.C. 671-675. WSR 04-06-024, § 388-27-0220, filed 2/23/04, effective 3/25/04. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0220, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0230 What specific department requirements apply to medical services?

While an adoption support agreement remains in effect, medical assistance for the child is provided through the department's medicaid program and the medicaid program requirements apply.

History

WSR 18-14-078, recodified as § 110-80-0230, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40 and RCW 74.13A.025. WSR 18-14-008, § 388-27-0250, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0250, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0240 What specific department requirements apply to outpatient counseling or mental health services not covered by medicaid?

(1) The department's adoption support program directly pays for a child's counseling or mental health services, when the following conditions apply:

(a) The adoptive parent must obtain written authorization from the department's adoption support program before the service is rendered;

(b) The adoptive parent must explain why these services are not available through the medicaid provider network or through private insurance;

(c) The adoptive parents' primary health care coverage must be billed prior to billing the department's adoption support program;

(d) The department will pay the adoption support program's preauthorized rate minus any payment made by the primary (and other) insurer;

(e) The department may grant verbal authorization for no more than three counseling sessions prior to providing the required written authorization; and

(f) The child's therapist or other treatment provider must submit a written treatment plan prior to authorization for continued treatment.

(2) The department may authorize counseling as follows:

(a) Up to six hours of outpatient counseling per month for up to twelve months;

(b) Up to a total of twenty hours per quarter when critical need warrants;

(d) Evidence based programs contracted by the department to help stabilize the child in the adoptive home if those programs are pertinent to the needs of the child and family.

(3) The department may extend the authorization for counseling (beyond the initial time period authorized) upon receipt of an updated treatment plan and documentation supporting the need for additional treatment from the treatment provider and a parent's request for continuing counseling.

(4) The provider must provide services to the client face-to-face, i.e., in the same room except where face-to-face services are not reasonably accessible to the child.

History

WSR 18-14-078, recodified as § 110-80-0240, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0255, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0255, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0250 If the adoptive parent requests residential placement services for their adopted child, what department requirements apply?

(1) The adoption support program is not able to pay for residential treatment placements of children who are not in department custody. See RCW 74.13.080 and WAC 110-60-0050.

(2) If the adoptive parent is in need of residential treatment services for a child, the department will make the following referrals:

(a) For treatment of a mental illness, the department will refer the family to the local mental health treatment provider;

(b) If the child has been diagnosed with a physical, mental, developmental, cognitive, or emotional disability, the department will refer the family to the developmental disabilities administration (DDA) to determine whether the child is eligible for services; or

(c) For reasons other than treatment of mental illness or developmental disabilities, the department will refer the adoptive parent to child welfare services at the local department of children, youth, and families (DCYF) office.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0250, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0250, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40, RCW 74.13.080 and WAC 388-25-0025. WSR 18-14-008, § 388-27-0260, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0260, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0260 What are the consequences of an adopted child being placed in foster care?

The department may review the adoption support agreement and may renegotiate the amount of any cash payments to the adoptive parent during the child's out-of-home placement.

History

Statutory Authority: RCW 74.20.040. WSR 23-04-082 and 23-06-045, § 110-50-0300, filed 1/31/23 and 2/24/23, effective 3/3/23. WSR 18-14-078, recodified as § 110-80-0260, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0265, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0265, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0270 What process applies to a request for modification of a support agreement?

(1) The adoptive parent may request an opportunity to negotiate a modification of the adoption support agreement's monthly cash payment provision if there is a change in the needs of the child or in the circumstances of the family. The request must be in writing.

(2) The adoption support program must initiate a review of the adoption support agreement no later than thirty days after receiving the adoptive parent's request for modification of the agreement.

(3) The adoptive parent must provide supporting documentation when requested by the department.

(4) The department may request a copy of the adoptive parents' most recently filed federal tax return. If not required to file a federal tax return the adoptive parent(s) must submit a financial statement when requested by the department.

(5) The adoptive parent may request that the child's medical provider complete an early periodic screening, diagnosis, and treatment (EPSDT) examination and submit a report of the results to the adoption support program.

(6) The adoptive parent and the department will negotiate in an attempt to reach agreement on the request for modification.

(7) If the parties modify the terms of the agreement, the adoptive parent and the department must sign a new agreement.

(8) If the agreement is modified, the changes in the terms of the agreement will be retroactive to the first day of the month in which the department received the written request.

(9) If an agreement cannot be reached, the department will deny the request for modification and must provide the adoptive parent with written notice of the denial and of the right to appeal.

History

WSR 18-14-078, recodified as § 110-80-0270, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0295, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0295, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0280 May an adoptive parent apply for adoption support services after the adoption has been finalized?

Federal laws and rules require that a prospective adoptive parent must apply for adoption assistance prior to adopting a special needs child and that the prospective adoptive parent must have a valid adoption support agreement, signed by all parties, before the adoption is finalized.

However, the federal government recognizes that in some situations there may have been extenuating circumstances that prevented the eligible child from being placed on the adoption support program prior to adoption.

History

WSR 18-14-078, recodified as § 110-80-0280, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0305, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0305, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0290 If a child met federal Title IV-E eligibility for adoption assistance before the adoption, but was not placed on the adoption support program, what may the adoptive parent do after adoption finalization to obtain adoption support services for the adopted child?

For a child who met the Title IV-E eligibility criteria for adoption assistance prior to adoption, federal rules allow for a possible finding of extenuating circumstances through an administrative hearing process. In these situations, the adoptive parent must apply for adoption support. The department will deny the application and the adoptive parent may then request a review by an administrative law judge or a review judge to determine if extenuating circumstances exist that justify the department's post-adoption agreement to provide adoption support services to a special needs child.

History

WSR 18-14-078, recodified as § 110-80-0290, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0310, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0310, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0300 What constitutes "extenuating circumstances"?

An administrative law judge or a review judge may make a finding of extenuating circumstances if one or more of the following situations exist:

(1) Relevant facts regarding the child, the biological family or child's background were known by the agency placing the child for adoption and not presented to the adoptive parents prior to the legalization of the adoption;

(2) The department denied adoption assistance based upon a means test of the adoptive family;

(3) Erroneous determination or advice by the department or private child placing agency that a child is ineligible for adoption assistance; or

(4) Failure by the placing agency to advise adoptive parents of the availability of adoption assistance.

History

WSR 18-14-078, recodified as § 110-80-0300, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0315, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0310 What is the effective date of an adoption support agreement that results from a finding of extenuating circumstances?

A support agreement entered into as a result of a finding of extenuating circumstances may not be effective before the date the department received the written request for participation in the adoption support program from the adoptive parent. Under no circumstances may the department back date an adoption support agreement more than two years from the date of an order of an administrative law judge or review judge authorizing the department to enter an adoption support agreement after finalization of the adoption.

History

WSR 18-14-078, recodified as § 110-80-0310, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0320, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0320, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0320 If a child did not meet federal Title IV-E eligibility for adoption assistance before the adoption, may the child qualify for adoption support after adoption finalization?

For children ineligible for federal Title IV-E Adoption Assistance, the department may provide limited support through the state-funded adoption support reconsideration program, when the program is funded by the legislature.

History

WSR 18-14-078, recodified as § 110-80-0320, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0325, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0325, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0330 What is the adoption support reconsideration program?

(1) When funded by the legislature, the adoption support reconsideration program allows the department to register an eligible adopted child for limited state-funded support (see RCW 74.13.150).

(2) The reconsideration program provides for payment of medical and counseling services to address the physical, mental, developmental, cognitive, or emotional disability of the child that resulted in the child's eligibility for the program. Payments are made directly to the provider, not to the adoptive parents.

(3) The adoptive parents' basic health insurance must provide primary coverage and must be used before billing the reconsideration program. The adoption support reconsideration program must be the secondary insurer.

(4) There is a twenty thousand dollar per child lifetime cap on this program.

(5) The program requires the adoptive parent and the department to sign an adoption support reconsideration agreement specifying the terms, conditions, and length of time the child will receive limited support.

History

WSR 18-14-078, recodified as § 110-80-0330, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0330, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0330, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0340 How does a child qualify for the adoption support reconsideration program?

To be eligible for the adoption support reconsideration program, a child must:

(1) Have resided, immediately prior to adoption finalization, in a department funded pre-adoptive placement or in department funded foster care;

(2) Have a physical or mental disability or emotional disturbance that existed and was documented before adoption or was at high risk for future physical or mental disability or emotional disturbance due to conditions the child was exposed to before adoption;

(3) Reside in Washington state with an adoptive parent who lacks the financial resources to care for the child's special needs; and

(4) Be covered by a primary basic health insurance program.

History

WSR 18-14-078, recodified as § 110-80-0340, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0335, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0335, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0350 How does an adoptive parent apply for the adoption support reconsideration program?

The adoptive parent must complete an application for adoption support reconsideration and attach:

(1) A written cost estimate of the child's proposed corrective-rehabilitative services;

(2) A current medical evaluation of the child including the cause(s) of the condition requiring corrective-rehabilitative services;

(3) A written statement explaining the child's current medical and counseling needs;

(4) A written statement giving the department permission to request and review preadoption information held by the adoption agency facilitating the child's adoption; and

(5) A copy of the adoptive parents' most recently filed federal income tax return.

History

WSR 18-14-078, recodified as § 110-80-0350, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0340, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0340, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0360 What types of services does the department provide through the adoption support reconsideration program?

The reconsideration program provides some support for counseling and medical services needed to treat the child's qualifying condition.

History

WSR 18-14-078, recodified as § 110-80-0360, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0345, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0370 What department requirements apply to adoption support reconsideration services?

(1) The department must authorize, in writing, any services paid by the adoption support reconsideration program before the services are provided.

(2) The department must base the authorized level of service on the child's needs and must limit the level of service to established program rates.

(3) The department must limit medical services to those services that would be available to the child if the child were eligible for medicaid coverage.

(4) The department must make no cash payments to the family.

(5) The department must make payment directly to the provider of the authorized service.

(6) The adoptive parents' basic health insurance must provide primary coverage and must be used before billing the reconsideration program. The adoption support reconsideration program must be the secondary insurer.

History

WSR 18-14-078, recodified as § 110-80-0370, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0350, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0380 Under what conditions or circumstances would a child become ineligible for the adoption support reconsideration program?

(1) Eligibility for adoption support reconsideration services ends according to the terms of the adoption support reconsideration agreement or when the child:

(a) Reaches eighteen years of age;

(b) Is eligible for the federal Title IV-E adoption assistance program and has been placed on that program;

(d) Is no longer the financial responsibility of the adoptive parent(s).

(2) If the parent dies, the reconsideration agreement becomes invalid. Neither the agreement nor the child's eligibility for the program are transferable to a subsequent adoption.

(3) The department may suspend services when the child:

(a) Resides outside the adoptive parents' home for more than thirty continuous days; or

(b) Is no longer covered by primary basic health insurance.

History

WSR 18-14-078, recodified as § 110-80-0380, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0355, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0390 What happens if the state no longer funds the adoption support reconsideration program?

If the department no longer has funds available for the program, a child's participation in the program will cease. The department will terminate the adoption support reconsideration agreement.

History

WSR 18-14-078, recodified as § 110-80-0390, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0360, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0400 Does an adoptive parent have the right to appeal department decisions regarding adoption support issues?

(1) An adoptive parent has the right to an administrative hearing to contest the following department actions:

(a) Denial of a child's initial eligibility for the adoption support program or the adoption support reconsideration program;

(b) Failure to respond with reasonable promptness to a written application or request for services;

(d) Delay of more than 30 calendar days when responding to a written request for modification of the agreement;

(e) Denial of a request for nonrecurring adoption expenses;

(f) Suspension of adoption support benefits; or

(g) Termination from the program.

(2) To initiate the appeal, the adoptive parent must submit a request for an administrative hearing to the office of administrative hearings within 90 calendar days of receipt of the department's decision to deny a request, to suspend or terminate adoption support, or failure to respond to a request, unless good cause for a late request can be established under chapter 110-03 WAC.

(3) The office of administrative hearings must apply the rules in this chapter as they pertain to the issues being contested.

History

Statutory Authority: RCW 74.08.080 and 74.09.741. WSR 23-12-037, § 110-80-0400, filed 5/30/23, effective 7/1/23. Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0400, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0400, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40 and RCW 74.13A.050, 74.13A.055. WSR 01-08-045, § 388-27-0365, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0410 What information about adoption support agreements may be used in an administrative hearing?

Adoption and adoption support files are confidential, and information contained in those files may not be disclosed without the consent of the person who is the subject of the file. By requesting an administrative hearing to challenge a department decision relating to adoption support the adoptive parent is agreeing that the department may release factual information about the case during the course of the proceedings. Actions taken by the department and decisions by administrative law judges or review judges in adoption support cases which do not directly involve the case being heard may not be cited or relied on in any administrative proceeding (RCW 26.33.340 and 74.04.060).

History

WSR 18-14-078, recodified as § 110-80-0410, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020 and 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0370, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0370, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0420 Will the department reimburse an adoptive parent for nonrecurring adoption expenses?

The department has authority to agree to reimburse some or all of an adoptive parent's nonrecurring adoption expenses if:

(1) The child has a qualifying factor or condition identified in WAC 110-80-0050(1);

(2) Washington state has determined that the child cannot or should not be returned to the home of the child's biological parent;

(3) Except where it would be against the best interest of the child, the department or a public or private nonprofit child placing agency has made a reasonable but unsuccessful effort to place the child with appropriate adoptive parents without the benefit of adoption assistance; and

(4) The child has been placed for adoption according to applicable state or tribal laws.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-80-0420, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-80-0420, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0375, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.109, 74.13.112, 74.13.130, and 2002 c 371. WSR 03-02-059, § 388-27-0375, filed 12/27/02, effective 1/27/03. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0375, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0430 What types of nonrecurring adoption expenses will the department reimburse?

The department may reimburse:

(1) Court costs directly related to finalizing an adoption;

(2) Reasonable and necessary adoption fees;

(3) Reasonable and necessary attorney fees directly related to finalizing an adoption; and

(4) Costs associated with an adoption home study, including:

(a) Health and psychological examinations;

(b) Placement supervision before adoption;

(d) Other costs directly related to finalizing the legal adoption of the child.

History

WSR 18-14-078, recodified as § 110-80-0430, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0380, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0380, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0440 Is there a limit to the amount of nonrecurring adoption expenses that the department will reimburse?

Reimbursement by the department of nonrecurring adoption expenses must not exceed one thousand five hundred dollars per child.

History

WSR 18-14-078, recodified as § 110-80-0440, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0385, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0385, filed 3/30/01, effective 4/30/01.

Wash. Admin. Code § 110-80-0450 How does an adoptive parent get reimbursed for nonrecurring adoption expenses?

(1) Before the adoption is finalized, the adoptive parent must sign an agreement with the department specifying the nature and amount of nonrecurring adoption expenses. This agreement may be part of an adoption support agreement or it may be a separate agreement specific to the reimbursement for nonrecurring adoption finalization costs. The department will make no reimbursement payments unless such an agreement exists.

(2) After finalization of the adoption, the adoptive parent may request reimbursement. A copy of the adoption decree and documentation supporting actual costs incurred must accompany the request for reimbursement.

(3) The department must reimburse documented actual costs or the amount specified in the signed agreement, whichever is less.

(4) The department will not reimburse nonrecurring adoption expenses that are reimbursable from other sources (for example: Adoptive parent's employer).

History

WSR 18-14-078, recodified as § 110-80-0450, filed 6/29/18, effective 7/1/18. Statutory Authority: 42 U.S.C. § 671-675, RCW 26.33.340, 74.13A.020, 74.13A.030, 74.13A.040, 74.13A.045, 74.13A.047, 74.13A.060, 74.13A.075, 74.13A.085, 74.13A.100, 74.15.020, 45 C.F.R. § 1356.40. WSR 18-14-008, § 388-27-0390, filed 6/21/18, effective 7/22/18. Statutory Authority: RCW 74.13.031. WSR 01-08-045, § 388-27-0390, filed 3/30/01, effective 4/30/01.

Chapter 110-85 Guardianship assistance program (GAP) and extended guardianship assistance program (EGAP).

Wash. Admin. Code § 110-85-0010 Legal basis for the department's guardianship assistance program (GAP) and extended guardianship assistance program (EGAP).

The legal basis for the department's GAP and EGAP are:

(1) RCW 13.36.090;

(2) RCW 74.13.031;

(3) RCW 74.13.062;

(4) 42 U.S.C. § 671-675;

(5) 45 C.F.R. § 205.10;

(6) 45 C.F.R. § 1355; and

(7) 45 C.F.R. § 1356.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0010, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0020 Purpose.

GAP was established as a subsidy to support the care of children or youth entering into a guardianship under chapter 13.36 RCW or RCW 11.130.215. GAP encourages guardianship for children or youth in the legal custody of public or tribal child welfare agencies for whom permanency would not be an option if support for the child or youth was not available.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0020, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0030 Definitions.

The following definitions apply to this chapter:

"Applicant" means individuals or couples applying for GAP on behalf of a child or youth for whom the individual or couple plans to be guardians.

"Department" or "DCYF" means the Washington state department of children, youth, and families.

"Extended guardianship assistance program" or "EGAP" means the department's extended guardianship assistance program (EGAP), for eligible youth 18 through 20 years of age.

"Extenuating circumstances" means a finding by an administrative law judge or a review judge that one or more qualifying conditions or events occurred that erroneously prevented an otherwise eligible child or youth from receiving a GAP subsidy before the guardianship was established.

"GAP" means the department's guardianship assistance program (GAP), for eligible children and youth birth to their 18th birthday.

"Guardians" means the individuals or couples who have been appointed by a court as a legal guardian of the child or youth in a chapter 13.36 RCW or RCW 11.130.215 guardianship. The term includes a coguardian, but does not include a guardian ad-litem.

"Guardianship" means a guardianship pursuant to chapter 13.36 RCW or a limited guardianship of a minor pursuant to chapter 11.130 RCW or equivalent laws of another state or a federally recognized Indian tribe.

"Guardianship assistance program agreement" or "GAP agreement" means a written contract between the guardian and the department that identifies the terms and conditions of the agreement and specific subsidy, per WAC 110-85-0040, available to the guardian.

"Guardianship assistance program cash payment" or "GAP cash payment" means the monthly cash payment paid by the department to the guardian on behalf of the child or youth pursuant to a guardianship assistance program agreement.

"Indian children" means any unmarried and unemancipated Indian person who is under age 18 and is, as determined by the Indian child's tribe or tribes, one of the following:

(a) A member of an Indian tribe; or

(b) Is eligible for membership in an Indian tribe.

"Medical services" means services covered by medicaid and administered by the state medical assistance administration.

"Negotiation" means the process when the department and the applicant attempt to reach an agreement on the terms of the GAP agreement.

"Nonrecurring guardianship expenses" means expenses directly related to the cost of establishing the chapter 13.36 or 11.130 RCW guardianship of a dependent child or youth.

"OAH" means the office of administrative hearings.

"Relatives" means the same as defined in RCW 13.36.020(5), described in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by their tribal code or custom as relatives or extended family.

"Resident state" means the state in which the child or youth physically resides for purposes of their medicaid eligibility. In some cases, this may be different from the state of the guardian's legal residence.

"Subsidy" is a benefit given to an individual by DCYF including, but not limited to, cash payments and payment for services.

"Successor guardian" means an individual who has become the child's or youth's guardian due to the death or incapacity of the original guardian and was named in the GAP agreement.

"Title IV-E administering agency" means DCYF and federally recognized tribes with federally approved Title IV-E plans pursuant to section 471 of the Social Security Act or an approved operational agreement with DCYF.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0030, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0040 Subsidy that may be available to guardians through GAP.

GAP may provide guardians the following subsidy:

(1) Reimbursement for nonrecurring guardianship finalization expenses;

(2) Cash payments as negotiated by the guardian and the department;

(3) Medical services through the medicaid program; and

(4) Evidence based programs contracted by the department to help stabilize the child or youth in the guardianship home if the department determines the programs are pertinent to the needs of the child or youth and family.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0040, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0050 Eligibility criteria for GAP.

(1) In order for children or youth to be eligible for GAP, they must be:

(a) Under 18 years old when the department and the applicant sign the GAP agreement and order establishing the guardianship is entered by the court;

(b) A dependent of a Title IV-E administering agency or federally recognized tribe located in Washington state; and

(c) Placed for at least six consecutive months with the prospective guardian who has been fully licensed and receiving foster care maintenance payments for at least six consecutive months.

(2) The department must not use the applicants' income as a basis to determine the children's or youth's eligibility for GAP. However, the department will consider the applicant's income and other financial circumstances when determining the amount of the GAP cash payments.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0050, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0060 Submitting the GAP application.

Applicants must complete the GAP application and worksheet and submit the completed paperwork to the department prior to the finalization of the guardianship in court.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0060, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0070 GAP application process.

The department will review applications and determine if the child or youth and applicant meet the eligibility requirements. If the eligibility requirements are met, the department must:

(1) Provide the applicant with the application and worksheet used to negotiate the amount of GAP subsidy;

(2) Verify the eligibility criteria in WAC 110-85-0050 continues to be met;

(3) Negotiate the GAP cash payment amount with the applicant;

(4) Complete the GAP agreement and request the applicant's signature on the agreement; and

(5) Provide a copy of the signed agreement to the applicant.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0070, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0080 GAP agreement purpose.

(1) The purpose of the GAP agreement is to define terms of financial and medical assistance provided to qualified applicants by DCYF on behalf of eligible children or youth.

(2) The GAP agreement is a binding agreement between guardians and the department that identifies the terms and conditions that DCYF and the guardian must follow.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0080, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0090 GAP agreement requirements.

The GAP agreement must be signed by the applicant and the department before the court establishes the guardianship and must include the following:

(1) The amount of any GAP cash payment the department must make to the guardian on behalf of the child or youth;

(2) A statement that includes:

(a) The child or youth is eligible for medical services through medicaid;

(b) GAP subsidy will continue as long as the child or youth is eligible, regardless of where the guardianship family resides;

(c) A change in the guardianship family's circumstances or the child's or youth's needs may warrant further renegotiation and adjustment of the GAP cash payment as mutually agreed by the guardian and the department. The terms of the agreement may be modified under the requirements of WAC 110-85-0140;

(d) The basis for termination or suspension of subsidy under the agreement; and

(e) The name of a successor guardian in the event of the guardian's incapacity or death.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0090, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0100 Factors that determine the amount of the GAP cash payment.

(1) The amount of the GAP cash payment is determined by negotiations between the applicant and the department based on the following factors:

(a) The child's or youth's needs and the applicant's circumstances. The agreed GAP cash payment and applicant's resources should combine to cover the child's or youth's current and anticipated ordinary and special needs projected over the period of the GAP agreement.

(b) The applicant's foster care maintenance payment level, which is based on the level they were receiving prior to the guardianship.

(c) The GAP monthly subsidy amount, which cannot exceed the following statutory caps for foster care maintenance payments for the child or youth if they had remained in foster care during the same period:

(i) Infants and children birth through age four may receive up to 80 percent of the foster care maintenance payment.

(ii) Children age five through nine may receive up to 90 percent of the foster care maintenance payment.

(iii) Children or youth age 10 to 18 may receive up to 95 percent of the foster care maintenance payment.

(d) The family circumstances including, but not limited to:

(i) Size, including the identified child or youth for whom the guardianship applies;

(ii) Normal living expenses;

(iii) Income;

(iv) Guardianship family's financial resources; and

(v) Additional miscellaneous expenses related to the child or youth.

(2) The department must not consider previously approved child care, medical related expenses, or exceptional costs when calculating the GAP subsidy amount.

(3) Under no circumstances may the amount of the GAP cash payment exceed the statutory cap for the maintenance payment, under RCW 74.13A.047. DCYF has adopted the percentage caps in adoption support under RCW 74.13A.047.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0100, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0110 Effective date of the GAP agreement.

The GAP agreement must be signed prior to entry of the order establishing guardianship. The agreement takes effect on the date the court enters an order establishing the guardianship.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0110, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0120 Reimbursement for nonrecurring guardianship expenses.

(1) The department will reimburse some or all of the guardian's nonrecurring guardianship expenses associated with establishing the guardianship and as specified in the agreement up to $2,000 per child or youth.

(2) The department will reimburse for the following nonrecurring guardianship expenses:

(a) Court costs associated with establishing the guardianship;

(b) Attorney fees directly related to finalizing a guardianship;

(d) Other costs directly related to establishing the guardianship of the child or youth.

(3) The department will not reimburse nonrecurring guardianship expenses that are reimbursable from other sources including, but not limited to, the guardian's employer.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0120, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0130 Reimbursement process.

(1) Guardians requesting reimbursement must submit to the department a copy of the bills or receipts itemizing the expenses specified in the agreement for which they are seeking reimbursement.

(2) The department must reimburse documented actual costs up to the maximum amount specified in the agreement, which must not exceed $2,000 per child or youth.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0130, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0140 Modification of GAP agreement.

(1) The terms of a GAP agreement may be modified only if both the guardian and the department agree to the modification. The department will consider a modification when:

(a) Requested by the guardian;

(b) Specific circumstances warrant renegotiation and adjustment of the GAP cash payment as determined by the department; or

(c) The child or youth is placed outside of the guardian's home and the guardian is not providing financial or other support for the care of the child or youth.

(2) Guardians may request a modification to the GAP agreement at any time.

(3) When guardians request to modify their GAP agreement's cash payment:

(a) Guardians must:

(i) Submit their request in writing to the regional GAP gatekeeper explaining how the child's or youth's needs or circumstances of the family have changed.

(ii) Provide supporting documentation upon the department's request.

(b) The regional GAP gatekeeper must initiate a review of the GAP agreement no later than 30 calendar days after receipt of the guardian's request for modification.

(4) If the guardians and the department agree to modify the GAP agreement:

(a) The regional GAP gatekeeper will use the date the department received the guardian's written request for the modification as the effective date on the modified GAP agreement.

(b) Guardians and the department must sign an amendment to the GAP agreement.

(5) If the guardians and department cannot reach an agreement on the modification, the department will deny the guardian's request for modification and provide them with written notice of the denial and their right to appeal the denial, per chapter 110-03 WAC.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0140, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0150 Suspension of GAP agreement subsidy.

(1) The department may suspend a guardian's GAP agreement subsidy if:

(a) They cannot establish that the:

(i) Guardian is legally responsible for the support of the child or youth; or

(ii) Child or youth is receiving any support from the guardians.

(b) They have provided notice to the guardian of the department's determination under (a)(i) or (ii) of this subsection and of their intent to suspend the GAP subsidy payment in 30 calendar days and the guardian does not provide documentation within that time frame to refute the department's determination; and

(c) The guardian fails to provide satisfactory documentation that the guardian is legally responsible for the support of the child or youth or that they are providing support to the child or youth.

(2) If the guardian:

(a) Provides the department with satisfactory documentation of continued legal responsibility or financial support for the child or youth, the subsidy will not be suspended.

(b) Fails to provide the department satisfactory documentation, the department must send a notice stating the date the subsidy will be suspended. When this occurs, the guardian has a right to request an administrative hearing to challenge the suspension and the department must provide notice of that right, per chapter 110-03 WAC.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0150, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0160 Circumstances to terminate the GAP agreement.

The GAP agreement will be terminated if the terms of the GAP agreement are not met or any one of the following events occur:

(1) The youth reaches 18 years of age and the GAP agreement is not eligible to be extended under WAC 110-85-0210;

(2) The youth turns 21 years of age;

(3) The child or youth dies;

(4) The guardian of the child or youth dies or becomes incapacitated, unless a successor guardian has been named in:

(a) The GAP agreement and named successor guardian becomes the guardian; or

(b) An amended GAP agreement and the named successor guardian becomes the guardian;

(5) The child or youth is under 18 years old and the department determines the child or youth is no longer receiving any support from the guardian or the guardian is no longer legally responsible for the child or youth; or

(6) Upon the request of the guardian.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0160, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0170 Guardian's right to an administrative hearing.

(1) Guardians have the right to an administrative hearing, per chapter 110-03 WAC, to contest the following department actions:

(a) Failure to respond with reasonable promptness to a written application for modification or request for services;

(b) Denial of a written request to modify the GAP cash payment or preauthorized services in the GAP agreement;

(d) Denial of a request for nonrecurring guardianship expenses;

(e) Suspension of GAP subsidy; and

(f) Termination of GAP subsidy.

(2) To request an administrative hearing, guardians must submit a request to the OAH within 90 calendar days of receipt of any of the department's decisions listed in subsection (1) of this section.

(3) The OAH must apply the rules in this chapter.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0170, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0180 GAP subsidies and other financial programs to meet the children's and youth's basic needs.

(1) Guardians may not receive foster care payments for a child or youth while receiving GAP cash payments for the same child or youth.

(2) If the guardian is receiving a GAP cash payment for a child or youth, they are not eligible for a nonneedy relative grant, in loco parentis, or legal guardian grant through the department of social and health services community services office.

(3) Guardians may not request GAP subsidies after finalizing the guardianship, unless an extenuating circumstance described in WAC 110-85-0250 exists.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0180, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0190 Duty to inform the department of a family's change in circumstance.

(1) Guardians must inform the department's regional GAP gatekeeper within 30 days of the change in circumstance that might affect the child's or youth's eligibility for GAP subsidy. Failure to report a change in circumstance may result in:

(a) An overpayment;

(b) Missed payment;

(d) A suspension of their GAP subsidy.

(2) Changes in circumstance that must be reported include, but are not limited to:

(a) Significant changes in the child's or youth's physical, mental, or behavioral condition;

(b) The guardian's marital status;

(d) The family's mailing address;

(e) The child's or youth's enrollment in school; or

(f) Changes to the youth's eligibility criteria for EGAP subsidy.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0190, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0200 Guardianship family resides in or moves to another state.

If the guardianship family resides in or moves to another state, the GAP subsidy is affected as follows:

(1) The Washington state department remains responsible for any GAP cash payments; and

(2) Medical services:

(a) If the child or youth is eligible for Title IV-E medical services through the medicaid program, the state in which the guardian family resides is responsible for providing their medical benefits; and

(b) If the resident's state plan does not include the needed service that Washington state's medicaid plan includes, then it remains Washington state's responsibility to provide the needed service subject to Washington state's medicaid plan's limits and requirements.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0200, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0210 EGAP agreement and subsidy program.

(1) The GAP agreement subsidy may be extended when the youth reaches 18 years of age and the following criteria is met:

(a) The guardian contacts the regional GAP gatekeeper prior to the youth's 18th birthday:

(i) To request services continue; and

(ii) Provides documentation of their continued eligibility, per WAC 110-85-0050.

(b) They meet the eligible criteria for the guardianship subsidies in RCW 74.13.031.

(2) If subsection (1)(a) and (b) of this section occurs:

(a) The department may enter into an EGAP agreement so long as the youth continues to meet at least one eligibility criteria and the guardian continues to provide ongoing support or the youth turns 21.

(b) Under no circumstances may the department continue the EGAP agreement beyond the youth's 21st birthday.

(3) To transfer EGAP to a successor guardian, they must have been named as the successor guardian on the GAP agreement.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0210, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0220 Transferring GAP subsidy to a subsequent successor guardian.

(1) In the event of the death or incapacity of the guardian, the GAP subsidy will transfer to the successor guardian named in the GAP agreement.

(2) The GAP agreement must be amended when the named successor guardian becomes the guardian.

(3) Before the GAP cash payment is transferred to the successor guardian:

(a) The successor guardian and all individuals aged 16 and older living in the successor guardian's home must pass the department's background check requirements.

(b) The successor guardian must establish guardianship of the child or youth.

(4) The successor guardian does not need to be a relative or have a foster care license to receive the GAP subsidy.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0220, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0230 GAP subsidies and residential treatment placement services.

If a child or youth needs residential treatment, no additional GAP subsidies will be provided to pay for residential treatment placements.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0230, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0240 GAP subsidy and out-of-home placement.

If children or youth are receiving GAP subsidy and are placed in out-of-home care, the department may:

(1) Continue the GAP subsidy during their out-of-home placement as long as the permanency plan is to return home.

(2) Terminate the GAP agreement, per WAC 110-85-0160, if the guardian is no longer legally responsible for the child or youth.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0240, filed 5/15/24, effective 6/15/24.

Wash. Admin. Code § 110-85-0250 Extenuating circumstances.

(1) If both the child or youth and guardian met eligibility requirements in WAC 110-85-0050 before the guardianship was established, but the guardian did not have a GAP agreement, the guardian may still obtain the subsidy if an ALJ makes a finding of extenuating circumstances through an administrative hearing, per chapter 110-03 WAC.

(2) If the guardians believe extenuating circumstances exist, the:

(a) Guardians must apply for GAP subsidy.

(b) Department will deny the application.

(c) Guardians may then request a review by an ALJ to determine if extenuating circumstances exist that authorized the guardian and the department to enter into a GAP agreement after the guardianship has been established.

(3) An ALJ may make a finding of extenuating circumstances if one or more of the following situations exist:

(a) The agency that placed the child or youth for guardianship was aware of relevant facts regarding the child or youth, the biological family, or child's or youth's background that were not presented to the guardian prior to the guardianship;

(b) The department gave erroneous advice or made an erroneous determination that a child or youth is ineligible for GAP; or

(4) If an administrative hearing results in the finding of extenuating circumstances, the effective date of a GAP agreement is the date the guardianship was established, unless the guardianship was established two or more years prior to the date of the order finding extenuating circumstances.

(5) Under no circumstances may the department back date a GAP agreement more than two years from the date of the order finding extenuating circumstances, which authorizes the department to enter a GAP agreement.

History

Statutory Authority: RCW 74.13.062, 13.36.090, and 42 U.S.C. 673. WSR 24-11-074, § 110-85-0250, filed 5/15/24, effective 6/15/24.

Chapter 110-90 Extended foster care (EFC) program.

Wash. Admin. Code § 110-90-0010 Legal basis for the extended foster care (EFC) program.

The legal basis for the department's EFC program are:

(1) RCW 13.34.267;

(2) RCW 74.13.031; and

(3) 42 U.S.C. § 671-675.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0010, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0500, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0020 Purpose.

The EFC program was established to prevent homelessness and provide an opportunity for youth who are dependent at age 18 to voluntarily agree to continue receiving foster care services including:

(1) Placement in licensed or supervised independent living (SIL) settings;

(2) Assistance with meeting their basic needs;

(3) Independent living services;

(4) SIL subsidies;

(5) Medical assistance; and

(6) Mental health counseling or treatment.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0020, filed 4/25/25, effective 6/1/25. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, 74.08.090 and WAC 110-20-0010. WSR 19-14-066, § 110-90-0020, filed 6/28/19, effective 7/29/19. WSR 18-14-078, recodified as § 110-90-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, and 13.34.030. WSR 16-14-065, § 388-25-0502, filed 6/30/16, effective 7/31/16. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030 and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). WSR 16-06-044, § 388-25-0502, filed 2/24/16, effective 3/26/16. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030. WSR 14-13-051, § 388-25-0502, filed 6/12/14, effective 7/13/14. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0502, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0021 Definitions.

The following definitions apply to this chapter:

"Department" means the Washington state department of children, youth, and families.

"Extended foster care program (EFC)" means the same as defined in RCW 74.13.020.

"Supervised independent living subsidy (SIL)" means the same as defined in RCW 74.13.020.

"Youth" means the same as defined in RCW 13.34.030.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0021, filed 4/25/25, effective 6/1/25.

Wash. Admin. Code § 110-90-0040 Eligibility requirements for youth in the EFC program.

(1) To be eligible for the EFC program, a youth must:

(a) Be dependent on their 18th birthday under chapter 13.34 RCW; and

(b) Be under 21 years old; and

(2) To remain eligible for the EFC program, youth who meet the requirements in subsection (1) of this section and voluntarily left the EFC program prior to their 21st birthday may reenroll by:

(a) Contacting the department to request reenrollment;

(b) Signing a VPA; and

(c) Entering into a new nonminor dependency action within 180 calendar days of the date they signed a VPA in order to receive the EFC services outlined in RCW 74.13.336.

(3) Youth are eligible for the EFC program regardless of the number of times they enter or exit the program if they meet the requirements in subsection (1) of this section.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0040, filed 4/25/25, effective 6/1/25. Statutory Authority: RCW 74.12.340, 74.04.050, 74.04.055, 74.08.090 and WAC 110-20-0010. WSR 19-14-066, § 110-90-0040, filed 6/28/19, effective 7/29/19. WSR 18-14-078, recodified as § 110-90-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, and 13.34.030. WSR 18-01-048, § 388-25-0506, filed 12/12/17, effective 1/12/18
WSR 16-14-065, § 388-25-0506, filed 6/30/16, effective 7/31/16. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030 and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). WSR 16-06-044, § 388-25-0506, filed 2/24/16, effective 3/26/16. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030. WSR 14-13-051, § 388-25-0506, filed 6/12/14, effective 7/13/14. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0506, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0050 Youths' participation requirements.

(1) Youth who meet the eligibility requirements in WAC 110-90-0040 may voluntarily sign an EFC agreement starting at age 17.5.

(2) Youth participating in the EFC program may authorize the department access to records related to their:

(a) Medical;

(b) Mental health;

(d) Education records; and

(e) Other additional records necessary to provide services.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0050, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0512, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0060 The responsibilities of the department to youth participating in the EFC program.

The department must:

(1) Have placement and care authority for EFC youth in order to provide services that includes, but not limited to:

(a) Transition planning and independent living services;

(b) Medical assistance through medicaid;

(d) Case management as defined in RCW 74.13.020; and

(2) Inform the court of the status of the youth, including:

(a) Health;

(b) Safety;

(d) Education status.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0060, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0514, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0070 Youths' rights in the EFC program.

Youth participating in the EFC program have a right to:

(1) A foster care or SIL placement;

(2) Medical assistance through medicaid;

(3) Participate in court proceedings as a party to the case;

(4) Referrals to community resources, if applicable; and

(5) Enter or exit EFC at any time up to their 21st birthday.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0070, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030. WSR 14-13-051, § 388-25-0515, filed 6/12/14, effective 7/13/14.

Wash. Admin. Code § 110-90-0080 EFC youth and their legal rights as an adult.

The EFC youth are:

(1) Considered youth for the purposes of the dependency but have the legal status and legal rights of an adult.

(2) Responsible for their actions including, but not limited to:

(a) Purchases;

(b) Driving;

(d) Financial obligations related to the activities they participate in.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0080, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030 and Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). WSR 16-06-044, § 388-25-0516, filed 2/24/16, effective 3/26/16. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, 13.34.030. WSR 14-13-051, § 388-25-0516, filed 6/12/14, effective 7/13/14. Statutory Authority: RCW 74.13.031, 13.34.267, and 2008 federal legislation "Fostering Connections to Success and Increasing Adoptions Act." WSR 13-08-017, § 388-25-0516, filed 3/25/13, effective 4/25/13.

Wash. Admin. Code § 110-90-0090 Youth exiting the EFC program.

Youth participating in the EFC program may:

(1) Voluntarily exit the program at any time prior to their 21st birthday, by notifying their:

(a) Caseworker; and

(b) Court; and

(2) Reenter EFC at any time prior to their 21st birthday if they meet the eligibility criteria outlined in WAC 110-90-0040.

History

Statutory Authority: 2024 c 192, RCW 74.13.031, 13.34.267, and 42 U.S.C. s 671-675. WSR 25-10-016, s 110-90-0090, filed 4/25/25, effective 6/1/25. WSR 18-14-078, recodified as § 110-90-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 13.34.145, 13.34.267, 74.13.020, 74.13.031, 43.88C.010, 74.13.107, 43.131.416, and 13.34.030. WSR 16-14-065, § 388-25-0517, filed 6/30/16, effective 7/31/16.

Chapter 110-110 Indian child welfare service.

Wash. Admin. Code § 110-110-0010 Foster care planning for Indian children—Definitions.

For the purposes of this section through WAC 110-110-0100, the term "Indian child" is defined as any unmarried and unemancipated Indian person who is under age 18 and is, as determined by the Indian child's tribe or tribes, one of the following:

(1) A member of an Indian tribe; or

(2) Is eligible for membership in an Indian tribe.

History

Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 23-12-023, § 110-110-0010, filed 5/26/23, effective 7/1/23. Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0010, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-091, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-091, filed 10/27/76.

Wash. Admin. Code § 110-110-0020 Foster care for Indian children—Tribal sovereignty.

The licensing of Indian foster homes and placement and supervision of Indian children within the boundaries of an Indian reservation must not in any way abridge the sovereignty of an Indian nation or tribe. Compliance with these rules and regulations does not relinquish the sovereign authority of an Indian nation or tribe or the state of Washington.

History

WSR 18-14-078, recodified as § 110-110-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-092, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-092, filed 10/27/76.

Wash. Admin. Code § 110-110-0030 Foster care for Indian children—Services.

Documented efforts must be made to avoid separating the Indian child from the child's parents, relatives, tribe, or cultural heritage. Consequently:

(1) When a family identifies Indian ancestry under the federal and state Indian child welfare acts, the DCYF caseworker has fifteen calendar days, or ten business days, from the date of identification to complete a family ancestry chart and begin the membership inquiry process. A copy of the family ancestry chart will be retained in the child's most current case file volume.

(2) The department staff will contact all identified federally recognized tribes in the case of Indian children being placed in foster care by the department or for whom the department has supervisory responsibility.

(3) If requested by a federally recognized tribe, or if a federally recognized tribe is unavailable the local Indian child welfare advisory committees (LICWAC) as defined under WAC 110-110-0060 will serve as resource persons for the purposes of cooperative planning and aid in placement.

(4) The resources of the tribal government, the Indian community, and the department must be used to locate the child's parents and relatives to assist in locating possible placement resources, and to assist in the development of a plan to overcome the problem that brought the child to the attention of the authorities, or the department, or both the authorities and the department.

(5) In planning foster care placements for Indian children, the department will follow the federal and state Indian child welfare acts with regard to placement preference. The case record must document the reasons and circumstances of casework decisions and consideration in those regards.

(6) The department, in partnership with federally recognized tribes and its contracted agencies, will develop training for staff and caregivers designed to meet the needs of Indian children and their families. The department may also partner with urban Indian organizations, LICWAC, national, state and local Indian child welfare organizations, and Native American/Alaskan Native consultants.

(7) The department must make diligent and ongoing efforts to recruit facilities and/or homes particularly capable of meeting the needs of Indian children.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0030, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-093, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-093, filed 10/27/76.

Wash. Admin. Code § 110-110-0040 Serious injury, death, abandonment, child abuse, neglect, incarceration of an Indian child.

When an Indian child in the care and custody of the department dies, is seriously injured, abandoned or incarcerated, in addition to other appropriate notifications, the department must notify the federally recognized tribe or tribes within twenty-four hours.

History

WSR 18-14-078, recodified as § 110-110-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-095, filed 6/22/16, effective 7/23/16
Order 1255, § 388-70-095, filed 12/1/77
Order 1167, § 388-70-095, filed 10/27/76.

Wash. Admin. Code § 110-110-0050 Adoptive planning for Indian children by department staff.

(1) In planning adoptive or preadoptive placements for Indian children under WAC 110-110-0010, the department will follow the federal and state Indian child welfare acts with regard to placement preference.

(2) An adoptive family must be considered Indian if one or both parents is:

(a) A member of a federally recognized tribe; or

(b) An Alaska Native and a member of a Regional Corporation as defined in Title 43 U.S.C. Sec. 1606.

(3) In adoptive planning for Indian children, the unique cultural, religious, and sovereignty of federally recognized tribes and communities must be recognized. The adoption of Indian children by Indian families is the primary goal.

(4) As a part of the total evaluation for approving a foster parent adoption of an Indian child, department staff will document the foster family's past performance and future commitment in exposing the child to their Indian heritage.

(5) When an Indian child, in the custody of an out-of-state agency, is referred for potential adoptive parents residing in Washington, the department will follow the interstate compact and placement of Indian children policy of Washington state.

(6) When an Indian child, in the care and custody of the department, is referred for adoption out of Washington, the department will follow the interstate compact and placement of Indian children policy of Washington state.

(7) In the event of an international adoption, the department will follow policy and ensure that placement preferences are followed per the federal and state Indian child welfare acts.

(8) The department staff may consult with LICWAC in planning for adoptive placement of Indian children when a federally recognized tribe has chosen not to be involved.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0050, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-450, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-450, filed 10/27/76.

Wash. Admin. Code § 110-110-0060 Local Indian child welfare advisory committee (LICWAC)—Purpose.

The intent of WAC 110-110-0010 and 110-110-0020 are to ensure protection of the Indian identity of Indian children, their rights as Indian children, and the maximum utilization of available Indian resources for Indian children. To ensure the realization of this intent, information about each current and future case involving Indian children for whom DCYF has a responsibility must be referred to LICWAC on an ongoing basis when a federally recognized tribe has not responded, is unavailable, or requests LICWAC involvement according to procedures which recognize the privacy rights of the families.

The purposes of LICWACs are:

(1) To promote social service planning for Indian children;

(2) To encourage the preservation of the Indian family, tribe, heritage, and identity of each Indian child served by the DCYF;

(3) To assist in obtaining participation by representatives of tribal governments and Indian organizations in departmental planning for Indian children for whom the department has a responsibility.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0060, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-600, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-600, filed 10/27/76.

Wash. Admin. Code § 110-110-0070 Local Indian child welfare advisory committee (LICWAC)—Membership.

Local Indian child welfare advisory committees must be established within each region. The number and locations of the local committees must be mutually determined by the Indian tribal governments and urban Indian organizations served by that region and the DCYF regional administrator.

(1) The committee must consist of representatives designated by tribal government and urban Indian organizations. The regional administrator must appoint committee members from among those individuals designated by Indian authorities. These members should be familiar with and knowledgeable about the needs of children in general as well as the particular needs of Indian children residing in the service area.

(2) The committee may also include bureau of Indian affairs staff, Indian health service staff, and other community members.

(3) The DCYF regional administrator must appoint a child welfare staff member as a liaison member of the committee.

(4) The LICWAC is an ad hoc advisory committee not specifically authorized by statute. As such its members are not entitled to per diem and travel expenses for the performance of advisory committee functions.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0070, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-610, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-610, filed 10/27/76.

Wash. Admin. Code § 110-110-0080 Local Indian child welfare advisory committee (LICWAC)—Functions.

The functions of LICWAC are to:

(1) Assist DCYF staff in cooperative planning for Indian children;

(2) Consult DCYF staff on behalf of Indian children, regarding the provision of the child's safety, well-being, and permanency on behalf of Indian children;

(3) Assist DCYF staff in providing culturally relevant services to Indian children; and

(4) Make requests to the DCYF regional administrator to initiate reviews of casework decisions that the committee believes to be detrimental to the best interests of Indian children.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0080, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-620, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-620, filed 10/27/76.

Wash. Admin. Code § 110-110-0090 Local Indian child welfare advisory committee (LICWAC)—Meetings.

Each committee and the LICWAC staff liaison will mutually agree as to time, place and frequency and conduct of official committee meetings.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0090, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-630, filed 6/22/16, effective 7/23/16
Order 1167, § 388-70-630, filed 10/27/76.

Wash. Admin. Code § 110-110-0100 Local Indian child welfare advisory committee (LICWAC)—Confidentiality.

The members of LICWAC must agree to abide by RCW 74.04.060 and the rules of confidentiality binding DCYF staff.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-110-0100, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-110-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.08.090, chapter 13.38 RCW, and 25 U.S.C. chapter 21. WSR 16-13-151, § 388-70-640, filed 6/22/16, effective 7/23/16. Statutory Authority: RCW 74.15.030. WSR 89-05-063 (Order 2743), § 388-70-640, filed 2/15/89
Order 1167, § 388-70-640, filed 10/27/76.

Chapter 110-145 Licensing requirements for group care facilities (GCF).

Wash. Admin. Code § 110-145-2300 Purpose and legal basis for group care facilities (GCFs).

(1) The licensing division (LD) is responsible for licensing and monitoring the care provided to children and youth placed in GCFs and verifying they meet the minimum licensing requirements in this chapter.

(2) The legal basis for GCFs, which authorizes the department to license and to provide group care placement services, are:

(a) Chapter 13.32A RCW;

(b) Chapter 13.34 RCW;

(d) Chapter 74.15 RCW.

(3) This chapter contains licensing requirements for GCFs, including:

(a) Group homes;

(b) Crisis residential centers (CRCs);

(d) Group receiving centers (GRCs);

(e) Overnight youth shelters (OYSs);

(f) Staffed residential homes (SRHs); and

(g) Resource and assessment centers (RACs).

(4) These licensing requirements are to keep children and youth in GCFs safe, healthy, and protected from all forms of child abuse and neglect, as outlined in:

(a) RCW 26.44.020; and

(b) Chapter 110-30 WAC.

(5) Licensed GCFs may provide specialized services to children and youth including, but not limited to, maternity services, HOPE centers, responsible living skills programs, and services to those who are medically fragile or have developmental disabilities. Licensees providing specialized services:

(a) Must hold a group care license to provide the specialized services outlined in this chapter; and

(b) May provide these services through their own program or by using community resources.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2300, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2310 Definitions.

The following definitions apply to this chapter:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Administering medication" means the direct application of a drug to the body or an individual by injection, inhalation, ingestion, or any other means.

"Adults" means individuals 18 years old or older not in the care of the department.

"Agency" means the same as defined in RCW 74.15.020.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Assessment" means the appraisal or evaluation of children's or youth's physical, mental, social, and emotional condition, and their family's ability to meet their needs.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Capacity" means the age range and maximum number of children and youth on the current license.

"Cardiopulmonary resuscitation (CPR)" means an emergency lifesaving procedure performed when an individual's breathing or heartbeat has stopped.

"Care coordinators" means individuals coordinating the efforts to meet children's and youth's needs.

"Caseworkers" means the primary workers assigned to the children or youth through the department or another government agency, including tribal governments.

"Certified nursing assistant (CNA)" means the same as nursing assistant as defined in RCW 18.88A.020.

"Child in need of services (CHINS)" means the same as defined in RCW 13.32A.030.

"Child protective services (CPS)" means the same as defined in RCW 26.44.020.

"Children" or "youth" means individuals who are one of the following:

(a) Younger than 18 years old;

(b) Up to 22 years old and enrolled in services through DDCS in the department of social and health services the day prior to their 18th birthday and pursuing either a:

(i) High school or equivalency course of study concluding at the end of the school year in which the students turn 22 years old; or

(ii) Vocational program concluding at the end of the school year in which the students turn 22 years old;

(i) When participating in the extended foster care (EFC) program; or

(ii) With developmental disabilities.

"Community children or youth" means children or youth under the custody of their parents or guardians.

"Compliance agreement" means a written improvement plan to meet licensing requirements in this chapter.

"De-escalation" means strategies used to defuse a volatile situation, to assist children or youth to regain behavior control, and to avoid a physical restraint or other behavioral intervention.

"Department" means the Washington state department of children, youth, and families.

"Department children or youth" means children or youth who are under the custody of the department.

"Department of health (DOH)" means the Washington state department of health.

"Developmental capabilities" means the combined physical, cognitive, social, emotional, spiritual, and communication capabilities of children or youth that evolve over time.

"Developmental disabilities community services (DDCS)" means the developmental disabilities community services in the department of social and health services.

"Developmental disability" means the same as defined in RCW 71A.10.020.

"Direct care" means direct personal care and supervision to children and youth in care.

"Direct care staff" means individuals employed and paid by licensees who provide direct personal care and supervision to the children and youth in care.

"Direct care volunteers" means individuals who provide direct hands-on personal care and supervision to the children and youth in care without compensation.

"Early periodic screening, diagnosis, and treatment (EPSDT)" means an early periodic screening, diagnosis, and treatment exam completed by a licensed health care provider.

"Electronic monitoring" means video or audio monitoring or recording used to watch or listen to children or youth to monitor their behavior.

"Emergency medication" means medication used to treat conditions that may carry a high risk of mortality or long-term negative impacts on individuals' daily functions or quality of life.

"Emergency respite centers (ERCs)" means the same as defined in RCW 74.15.020.

"Enhanced supervision" means a heightened standard of supervision in which personnel are able to monitor children and youth in care by seeing or hearing them or both and instantly respond to any unsafe or harmful events that have occurred.

"Environmental Protection Agency (EPA)" means the United States Environmental Protection Agency.

"Extended foster care (EFC)" means the same as defined in RCW 74.13.020.

"Firearms" means a weapon or device designed to cause bodily harm or physical damage from which projectiles may be fired by an explosive such as gunpowder. These include, but are not limited to, handguns, rifles, and shotguns.

"Full-time" means a minimum of 1,664 work hours in a calendar year or the equivalent of 32 work hours per week.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender" or "gender identity" means an individual's inner sense of being a female, male, a blend of both or neither, or another gender. This may or may not correspond with an individual's sex assigned at birth.

"Gender expression" means individuals' outward communication of their gender through behavior or appearance. This may or may not conform to their sex assigned at birth or socially defined behaviors and characteristics typically associated with being either masculine or feminine.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Group homes" means licensed facilities that provide 24-hour care to children and youth who require more supervision than can be provided in a foster home.

"Group receiving centers (GRCs)" means licensed facilities that provide the basic needs of food, shelter, and supervision for children and youth placed by the department, generally for 30 or fewer days.

"Guardians" means the same as legal guardian defined in RCW 26.33.020.

"Health care staff" means anyone providing qualified medical consultation to licensees or medical care to the children and youth in care.

"Inaccessible" means a method to prevent children and youth from reaching, entering, using, or getting to items, areas, or materials in the facility.

"Indian child" means the same as defined in WAC 110-110-0010.

"Infants" means children from birth to one year old.

"Interim facilities" means OYSs, ERCs, or RACs.

"Intersex" means an umbrella term used to describe a wide range of natural bodily variations when the body is born with a combination of chromosomes, internal organs, or external genitalia that do not develop as expected.

"Lesbians" means females or women who have an emotional or physical attraction for other females or women.

"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual. The "+" represents identities not specifically named in the LGBTQIA acronym, including pansexual, gender nonbinary, and Two-Spirit.

"License" means a permit issued by the department when the licensee meets the licensing requirements established in this chapter.

"Licensed health care providers" means medical doctors, doctors of osteopathy, doctors of naturopathy, physician assistants, or advanced registered nurse practitioners.

"Licensed practical nurses (LPNs)" means the same as defined in RCW 18.79.060.

"Licensees" means individuals or entities named on a license issued by the department that authorizes them to provide care to children and youth. Licensees' requirements apply to the licensee and their employees, volunteers, interns, and work study students.

"Lived experience" means experience outside of professional, volunteer, and educational background that is reflective of the demographic of children and youth in the licensee's care.

"Location tracking" means the process of monitoring the physical location of individuals using technology.

"Maternity services" means the same as defined in RCW 74.15.020. These are also referred to as pregnant and parenting services.

"Medically fragile" means the condition of a child or youth who requires the availability of 24-hour skilled care from health care staff or specially trained staff in a group care setting. If the technology, support, and services being received by the medically fragile children or youth are interrupted or denied, they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring.

"Medication management" means the process of accepting, administering, storing, documenting, and disposing medication.

"Missing children" means any child or youth placed in a GCF whose whereabouts are unknown or who has left care without the permission of their caregiver or the department. This does not include children or youth in the EFC program.

"Multidisciplinary teams" means the same as defined in RCW 13.32A.030.

"National Fire Protection Association (NFPA)" means the National Fire Protection Association.

"Negative actions" means the same as defined in WAC 110-04-0020.

"Nonbinary" means a term of self-identification for individuals who do not identify within the limited and binary terms that have described gender identity, e.g., female and male. Nonbinary is also an umbrella term for many identities such as gender expansive, gender fluid, and genderqueer.

"Nondirect care staff" means individuals employed and paid by licensees who carry out duties and tasks, other than providing direct care to children and youth, for a GCF.

"Nondirect care volunteers" means individuals who carry out duties and tasks, other than providing direct care to children and youth, for a GCF without being employed or compensated by the licensee.

"Nursing assistant-certified (CNA)" means the same as defined in RCW 18.88A.020.

"Nursing assistant-registered (NAR)" means the same as defined in RCW 18.88A.020.

"Other weapons" means instruments other than firearms intentionally designed to cause bodily harm or physical damage. These include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, and archery equipment.

"Out-of-home care" means the same as defined in RCW 13.34.030.

"Over-the-counter medications" means drugs that can be obtained without a prescription and their use is not restricted by a licensed health care provider. For the purpose of this chapter this includes, but is not limited to, herbal supplements, vitamins, eye drops, ointments, and pain relievers.

"Overnight youth shelters (OYSs)" means licensed nonprofit agencies that provide overnight shelter to homeless or runaway youth in need of emergency sleeping arrangements.

"Parents" means the same as defined in RCW 26.26A.010.

"Personnel" means every paid and unpaid individual working directly for the licensee, including interns.

"Premises" means homes, buildings, and grounds, including those adjacent to the residential property, that are owned, rented, or managed by applicants or licensees.

"Probationary licenses" means the same as defined in RCW 74.15.020.

"Psychotropic medication" means a type of medicine that is prescribed to affect or alter thought processes, mood, sleep, or behavior. These include antipsychotic, antidepressant, and antianxiety medications.

"Queer" means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Registered nurses (RNs)" means nurse as defined in RCW 18.79.020.

"Relatives" means the same as defined in RCW 13.36.020(5), outlined in RCW 74.15.020(2) and 11.130.010(32), or caregivers of Indian children or youth who are defined by tribal code or customs as relatives or extended family.

"Representatives" means the individuals responsible for placing children or youth in care, including:

(a) Caseworkers for department children or youth;

(b) Caseworkers for children or youth in the tribe's jurisdiction; or

"Resource and assessment centers (RACs)" means the same as defined in RCW 74.15.020.

"Secure crisis residential centers (CRCs)" means licensed facilities open 24 hours a day, seven days a week that provide temporary residential placement, assessment, and services in secure facilities to prevent youth from leaving the facility without permission.

"Semi-secure crisis residential centers (CRCs)" means licensed facilities open 24 hours a day, seven days a week that provide temporary residential placement, assessment, and services for runaway youth and youth in conflict with their family or in need of emergency placement. Semi-secure CRCs are not locked facilities but are operated in a way that reasonably assures that youth placed there will not leave without permission.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"Sexual orientation, gender identity, and expression (SOGIE)" means distinct identifiers everyone has. LGBTQIA+ is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals.

"Staffed residential homes (SRHs)" means licensed homes that provide 24-hour care to six or fewer children and youth who require more supervision than can be provided in a foster home.

"Supervise" or "supervision" means to be responsible for the children and youth in care, including their health, safety, and well-being.

"Supportive individuals" means any nonrelatives identified by the children or youth that are important to them.

"Transgender" means an umbrella term for individuals whose gender identity or expression is different from cultural expectations based on the sex they were assigned at birth. Gender-affirming medical care is not a prerequisite to identify as transgender. Being transgender does not imply any specific sexual orientation.

"Treatment plans" means individual plans that identify the service needs of children or youth, including their parents or guardians, and the treatment goals and strategies for achieving those goals.

"Tribal children or youth" means dependent children or youth of a federally recognized tribal government, state-dependent children or youth who are enrolled in a federally recognized tribe, dependent children or youth with concurrent jurisdiction, or unenrolled children or youth with native ancestry.

"Tuberculosis (TB)" means a contagious infection caused by the Mycobacterium tuberculosis bacteria.

"Two-Spirit" means a modern umbrella term used by some Native Americans to describe Native American individuals in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being Two-Spirit does not imply any specific sexual orientation.

"Underwriters laboratories (UL)" means Underwriters Laboratories Standards and Engagement, a company that tests and certifies products and equipment for safety.

"Washington state patrol fire protection bureau (WSP/FPB)" means the Washington state fire marshal.

"Well-being file" means a collection of children's or youth's records related to their care and services while in the licensee's care.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2310, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2320 Nondiscrimination.

Licensees must meet nondiscrimination requirements by:

(1) Following chapter 49.60 RCW regarding nondiscrimination when providing services to children and youth in care; and

(2) Supporting and engaging children and youth in care with dignity and respect regardless of actual or perceived race, ethnicity, disability, religion, culture, or SOGIE.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2320, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2330 License required to care for children and youth.

(1) Individuals or entities must have a license to provide care on a 24-hour basis to children or youth who are not related to them, except:

(a) As outlined in RCW  74.15.020; or

(b) By court order as outlined in chapter 74.15 RCW or RCW 13.34.065.

(2) The department will issue licenses when applicants, their personnel, and the premises:

(a) Meet the licensing requirements contained in this chapter; and

(b) Submit all required documents to the department.

(3) Applicants for a new license must provide documentation that all direct care staff and direct care volunteers have completed behavior management training that has been approved by the department.

(4) Licenses are valid:

(a) For a three-year period;

(b) Only for the individual or entity named on the license; and

(5) Licensees must post the licenses where the public can easily view them.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2330, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2340 Multiple licenses in the same building.

(1) Licensees may apply for more than one license type for the same building. Applications must:

(a) Include a plan detailing how each licensing type will be managed; and

(b) Comply with the requirements for all licenses being applied for. If requirements differ, licensees must comply with the most stringent requirement.

(2) The department may:

(a) Approve multiple licenses for the same building when the care of one type of client does not interfere with the care of another type of client; and

(b) Require separation of resident populations between the programs for the health, safety, and well-being of children and youth in care.

(3) Licensees must complete the following if they have multiple licenses from different agencies in the same location:

(a) Obtain approval from the department prior to providing services and accepting placements; and

(b) Notify:

(i) The Washington state fire marshal; and

(ii) All licensing agents.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2340, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2350 Licensing and contract requirements.

Licensees that also hold federal or state contracts must comply with the:

(1) Licensing requirements in this chapter; and

(2) Most stringent requirements if the licensing requirements in this chapter differ from their contract requirements or any federal or state laws.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2350, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2360 License application requirements.

(1) To apply for a license to provide care to children and youth, applicants must:

(a) Be at least 21 years old;

(b) Submit the following completed documents to the department:

(i) Licensing application;

(ii) Background authorization forms for personnel at the GCF as outlined in chapter 110-04 WAC, including those not directly working with children;

(iii) A detailed written program description for department approval that includes:

(A) The applicant's mission and goals; and

(B) A description of the services the agency will provide to children, youth, and their families;

(iv) Agency's policies and procedures including, but not limited to:

(A) Staff qualifications;

(B) Staff duties;

(D) How they will meet the requirements of this chapter;

(v) Emergency and evacuation plans; and

(vi) Certificate of occupancy or equivalent approval, per WAC 110-145-2420; and

(c) Complete their licensing application by submitting all required documents within 90 calendar days of submitting the application and background authorization forms to the department.

(2) If the applicant does not meet the 90-day deadline, the department may withdraw their application.

(3) Prior to licensing:

(a) The department will conduct a site inspection to verify that the premises meet the requirements in this chapter; and

(b) All group care facilities described in this chapter, except SRHs licensed for five or fewer children and youth, must:

(i) Meet the health requirements and receive a certificate of compliance from DOH; and

(ii) Be inspected and approved by the state fire marshal.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2360, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2370 Determining applicants' and licensees' suitability.

(1) The department will determine the suitability of applicants and licensees after receiving:

(a) Licensing applications;

(b) Background authorizations for the individuals listed in WAC 110-145-2360; and

(2) Applicants and licensees must pass a background check, per chapter 110-04 WAC.

(3) During the licensing process, applicants and licensees must demonstrate that they have the:

(a) Understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of the children and youth in care; and

(b) Ability to provide children and youth in care with a nurturing, respectful, and supportive environment regardless of the child's or youth's actual or perceived race, ethnicity, religion, culture, or SOGIE.

(4) During the licensing process, the department may require:

(a) Applicants and licensees to provide additional information at any time;

(b) An evaluation of the premises; or

(5) When the department requires an evaluation, applicants or licensees must:

(a) Pay any related costs for evaluations required by the department; and

(b) Give written permission for the evaluator to exchange information with the department prior to and throughout the evaluation process.

(6) The department may disqualify any individuals found to have misrepresented or provided fraudulent information.

(7) LD licensors must complete the following before granting or renewing a license:

(a) Evaluate the applicants' or licensees' ability to provide a safe environment and the quality of care needed for the children and youth in care; and

(b) Verify that the applicants or licensees have met the training requirements.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2370, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2380 Disqualification of applicants and licensees.

The department:

(1) Must:

(a) Disqualify applicants, licensees, their personnel, or subcontractors if they do not pass a background check, per chapter  110-04  WAC; and

(b) Notify licensees when their personnel are disqualified from having access to children and youth in care; and

(2) May take an action against a license, per WAC 110-145-3560, if licensees or applicants:

(a) Do not meet the requirements of this chapter;

(b) Hire an individual disqualified by the department; or

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2380, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2390 Determining license capacity.

(1) The department:

(a) Will issue licenses that specify the licensed capacity of children and youth licensees may have placed in their GCF;

(b) Determines capacity by evaluating the following:

(i) Licensees' ability to care for children and youth;

(ii) Number of individuals providing care and their skills;

(iii) Physical accommodations of the facility;

(iv) The ages and needs of the children and youth who may be placed in their facility; and

(v) The certificate of occupancy issued by the municipality's building department, except SRHs licensed for five or fewer children or youth do not require a certificate of occupancy; and

(2) Licensees must not exceed the capacity on their license, unless an exception is approved by LD, per WAC 110-145-3540.

(3) In order to be licensed to care for children younger than six years old, unless otherwise allowed by their license type, licensees must either care for:

(a) Children or youth:

(i) With developmental disabilities; or

(ii) That are medically fragile; or

(b) Pregnant or parenting youth.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2390, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2400 License renewal requirements.

Licensees must send their renewal application and all required background authorization forms to the LD licensor at least 90 calendar days prior to the expiration of the current license.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2400, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2410 Department access to facilities.

Licensees must allow the department to:

(1) Access the:

(a) Licensed premises, personnel, and children and youth in care at any time; and

(b) Documents related to the licensee's program when determining whether they are in compliance with:

(i) Chapter 26.44 RCW;

(ii) Chapter 74.15 RCW;

(iii) RCW 74.13.031; and

(iv) This chapter;

(2) Meet privately with personnel and children and youth in care at the department's request.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2410, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2420 Certificates, zoning, and codes regulations.

Licensees must:

(1) Obtain a certificate of occupancy or equivalent approval, except for SRHs licensed for five or fewer children or youth;

(2) Follow all local and state regulations including, but not limited to:

(a) Zoning regulations;

(b) Community covenants;

(d) Fire codes; and

(3) Provide the department proof of compliance with local regulations.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2420, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2430 Building and premises general requirements.

Licensees must comply with the following requirements in the building and on the premises for:

(1) General requirements:

(a) Maintain the premises, furnishings, and equipment in a clean and sanitary condition, free of hazards, and in good repair;

(b) Maintain the temperature within the facility at a reasonable level when occupied, considering the age and needs of the children and youth in care; and

(i) A safe, healthy, age-appropriate, homelike living environment;

(ii) Appropriate furnishings, based on the activities and developmental capabilities of the children and youth in care;

(iii) Rooms that are appropriately sized and properly furnished for the number of children and youth in care;

(iv) Adequate indoor and outdoor space, ventilation, light, and heat to meet the health and comfort needs of the children and youth placed in the facility based on the facility's licensed capacity; and

(v) A landline or cell phone that works at all times with reliable reception and a backup power source that:

(A) Allows individuals calling the facility to leave a message at all times. Licensees must give children and youth their phone messages no later than 24 hours from when the message was left or when the child or youth returns to the facility; and

(B) Children and youth are able to use privately, per WAC 110-145-3020;

(2) Specific room requirements, have:

(a) A properly equipped and maintained kitchen on-site to prepare, store, and serve food to the children and youth in care;

(b) A dining room that is ample in size and suitably furnished for the children and youth in care;

(c) A room or area that is used as an administrative office and suitable office space for care coordinators. In facilities caring for fewer than 13 children and youth, these offices may be combined;

(d) Adequate storage for children's, youth's, and personnel files;

(e) A space that can be used as a visiting area;

(f) A space for privacy when interviewing parents, guardians, children, and youth; and

(g) Washable, water-resistant floors in bathrooms, kitchens, and other rooms exposed to moisture, except washable short-pile carpeting may be approved in kitchen areas if it is kept clean and sanitary;

(3) Safety requirements:

(a) Provide tamper-proof or tamper-resistant electrical outlets or blank covers installed in areas accessible to children under six years old or other individuals with limited capacity or who might be endangered by access to them;

(b) Follow the EPA standards by using the least toxic methods as appropriate to prevent and control pests on the premises such as rodents, bedbugs, lice, flies, cockroaches, fleas, and other insects;

(d) Use unbreakable light fixture covers or shatter-resistant light bulbs or tubes in:

(i) Food preparation areas;

(ii) Dining areas; and

(iii) Any other areas identified by LD to be a concern for the health, safety, and well-being of children or youth; and

(e) Not use window blinds or other window coverings with pull cords capable of forming a loop and posing a risk of strangulation to children and youth;

(4) Emergency requirements:

(a) Have emergency lighting devices available and in operational condition;

(b) Verify rooms occupied by children and youth can be easily accessed by emergency personnel in case an emergency arises as outlined in WAC 110-145-2600;

(c) Post emergency phone numbers, contact information for suicide and crisis hotlines and the Washington poison center, and the physical address of the facility in a prominent location;

(d) Use doors that are easy to open from the inside and outside in all areas of the facility that are occupied, including closets, bathrooms, and bedrooms, unless the building or structure has a fire sprinkler protection system and was previously approved by the local fire marshal or building official with jurisdiction; and

(e) Provide easy access to the outside in case of an emergency; and

(5) Specific building requirements:

(a) Be located on a site that is free from hazardous conditions and drained appropriately to prevent water hazards; and

(b) If a hazardous condition occurs on the premises:

(i) Take immediate action to protect the children and youth in care from harm; and

(ii) Notify the licensor.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2430, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2440 Firearms, ammunition, and other weapons.

(1) Firearms are not allowed on the premises, except for law enforcement.

(2) Ammunition and other weapons are not allowed on the premises, except for:

(a) Law enforcement; and

(b) OYSs as outlined in WAC 110-145-3400.

(3) Licensees must develop and follow their policy and procedures approved by the department for firearms, ammunition, and other weapons that includes:

(a) Protocols to keep children and youth safe if firearms, ammunition, or other weapons are found on the premises;

(b) Safe disposal of firearms, ammunition, and other weapons found on the premises; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2440, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2450 Storing dangerous chemicals and toxic substances.

Licensees must:

(1) Store dangerous chemicals in a place that is inaccessible to children ages birth through six years old or others who might be endangered based on their developmental capabilities. This includes, but is not limited to:

(a) Cleaning supplies;

(b) Toxic or poisonous substances;

(d) Other items with warning labels;

(2) Clearly label containers when they are filled with toxic substances from a stock supply; and

(3) Store toxic substances separately from food items.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2450, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2460 Location tracking and electronic monitoring of children and youth.

(1) Licensees must not use:

(a) Location tracking for:

(i) Department children or youth, except when:

(A) The court approves the use of location tracking; and

(B) They maintain a copy of the approval.

(ii) Community children or youth, except when:

(A) Approved by their parents or guardians; and

(B) They maintain a copy of the approval.

(iii) Tribal children or youth, except when:

(A) Approved by their representative; and

(B) They maintain a copy of the approval.

(b) Electronic monitoring of children and youth in care in the interior of GCFs, except:

(i) As described in subsection (2) of this section; or

(ii) If all the following are met:

(A) The use of electronic monitoring in the facility is approved by LD following a request by the caseworker for a department or tribal child or youth;

(B) The court approves implementation of electronic monitoring; and

(2) Licensees may use electronic monitoring for the following without meeting the requirements in subsection (1)(b) of this section:

(a) For infants or children birth through four years of age;

(b) For medically fragile or sick children or youth;

(c) To document actions of a child or youth as directed in writing by the child's or youth's licensed health care providers;

(d) For special events including celebrations, holidays, and vacations; or

(e) When using door or window alarms or motion detectors.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2460, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2470 Time-delay mechanisms on windows and doors.

Licensees may use time-delay mechanisms on windows and doors except for SRHs licensed for five or fewer children or youth, if:

(1) Approved by the department;

(2) They meet the fire codes and are approved by the state fire marshal;

(3) There is an exterior door that provides escape in the event of an evacuation; and

(4) The time-delay mechanisms automatically unlock when the fire alarm goes off.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2470, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2480 Water, garbage, and sewer.

(1) Licensees must:

(a) Maintain adequate sewage and garbage facilities;

(b) Not allow running water to exceed 120 degrees Fahrenheit; and

(2) Licensed buildings must:

(a) Be connected to a public sewer system or have an on-site sewage system permitted by the local health department or DOH; and

(b) Have access to either:

(i) Public water supplies approved by the local health district or tribal government; or

(ii) Private water supplies that have been tested and approved:

(A) By the local health district or a private water-testing laboratory approved by DOH; and

(B) At the time of:

(I) Licensing;

(II) License renewal; and

(III) Any time the department deems necessary.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2480, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2490 Laundry and clothing.

Licensees must meet the following requirements for laundry and clothing:

(1) Provide children and youth in care access to appropriate clean clothing that fits;

(2) Store soiled and clean laundry separately;

(3) Either:

(a) Maintain adequate equipment for washing and drying laundry that is:

(i) Located in an area separate from the kitchen and living spaces; and

(ii) Inaccessible to children ages birth through five years old; or

(b) Make other arrangements for getting laundry done on a regular basis;

(4) Sanitize laundry; and

(5) Ventilate laundry dryers to the outside of the facility.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2490, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2500 Bathrooms and bathing facilities.

Licensees must:

(1) Provide:

(a) Toilets and handwashing sinks appropriate to the height for children and youth in care or have a safe step stool or platform that is water-resistant and easy to clean;

(b) Soap and clean towels, disposable towels, or other approved hand-drying devices to children and youth; and

(2) Maintain the following ratio of toilets, handwashing sinks, and bathing facilities. Children or youth who do not use a toilet are not included when determining the number of required flush-type toilets.

| Facility | Toilets (flush-type) | Handwashing (hot and cold running water) | Bathing facilities (hot and cold running water) | | --- | --- | --- | --- | | GCFs licensed for 5 or fewer | At least 1 | At least 1 | At least 1 | | GCFs licensed for 6 or more | At least 2 1:8 ratio | At least 2 1:8 ratio | At least 2 1:8 ratio |

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2500, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2510 Bedrooms and sleeping areas.

(1) Licensees must provide each child and youth a single or shared bedroom with privacy and space that adequately meets their developmental capabilities and is in their best interest, except:

(a) Interim facilities may use common sleeping areas for children and youth in care instead of bedrooms; and

(b) Facilities licensed as OYSs must also meet the requirements in WAC 110-145-3390.

(2) Bedrooms must have:

(a) Adequate ceiling height for the safety and comfort of the children or youth;

(b) At least two means of exit from the bedroom, including one of each of the following:

(i) A window or door that:

(A) Opens to the outside;

(B) Allows natural light into the bedroom; and

(ii) A door giving direct access to common use areas such as hallways, corridors, or living rooms.

(3) Licensees may use a building or structure that does not meet the requirements of subsection (2)(b)(i) of this section with approval by the department if it:

(a) Has a fire sprinkler protection system; and

(b) Was approved by the local fire marshal or building official with jurisdiction.

(4) Licensees must not use:

(a) Bathrooms, kitchens, or unfinished basements as bedrooms; or

(b) Common areas such as hallways, living rooms, or dining rooms as bedrooms for anyone living in the facility without:

(i) Approval by LD; and

(ii) Notification of the child's or youth's representative.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2510, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2520 Shared bedrooms.

(1) Licensees using shared bedrooms:

(a) Must:

(i) Consider input received from the following when considering what bedroom placement is in the best interest of a child or youth:

(A) The child or youth; and

(B) Their representative;

(ii) Evaluate children's or youth's requests to move to a different sleeping location and accommodate them unless it would risk the health, safety, and well-being of any child or youth in the home;

(iii) Provide enough floor space for the health, safety, and well-being for children and youth in care when they are sharing bedrooms; and

(iv) Not allow:

(A) More than four children or youth to sleep in the same bedroom, except for common sleeping areas in interim facilities; and

(B) Children with different gender identities to share a bedroom unless all children are:

(I) Birth through five years of age; or

(II) Siblings; and

(b) May place transgender or gender fluid children or youth in bedrooms with children or youth of similar gender identity.

(2) The department may grant an exception to subsection (1)(a)(iv) of this section with approval by an LD administrator if:

(a) It is in the best interest of the children or youth in care; and

(b) Supported by the:

(i) LD licensor; and

(ii) Child's or youth's representative.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2520, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2530 Sleeping equipment and bedding.

(1) Licensees must provide appropriate-sized separate beds that are in good condition for all children and youth in care, with a:

(a) Mattress;

(b) Bed frame, unless the bed frame is not appropriate because of the child's or youth's preference or medical or cultural needs; and

(2) Licensees must:

(a) Not allow children or youth to use loft-style beds or upper bunks if it is not safe for them because of their developmental capabilities or if they are pregnant;

(b) Provide waterproof mattress covers or moisture-resistant mattresses if needed; and

(3) Licensees may provide mats for napping but not as a substitute for beds overnight.

(4) Licensees licensed to care for infants:

(a) Must:

(i) Provide infants with safe cribs that comply with chapter 70.111 RCW, Infant Crib Safety Act, including:

(A) A maximum of 2 and 3/8 inches between vertical slats of the crib;

(B) Cribs, infant beds, bassinets, and playpens made of wood, metal, or approved plastic, with secure latching devices; and

(ii) Place infants on their backs for sleeping, unless advised differently by the infant's licensed health care provider;

(iii) Not have loose blankets, pillows, crib bumpers, or stuffed toys with sleeping infants;

(iv) Not use wedges and positioners with sleeping infants unless advised differently by the infant's licensed health care provider; and

(v) Comply with any plans made in compliance with WAC 110-145-3060 regarding baby boards or moss bags;

(b) May swaddle infants:

(i) Under two months old, unless directed otherwise by a licensed health care provider; and

(ii) Over two months old only when advised by a licensed health care provider; and

(i) Be trained on proper swaddling techniques for infants;

(ii) Use one lightweight blanket;

(iii) Keep the blanket loose around the infant's hips and legs to avoid hip dysplasia; and

(iv) Not dress swaddled infants in a manner that allows them to overheat.

(5) Licensees, prior to using weighted blankets, must:

(a) Evaluate if there are safety concerns for a child's or youth's use of a weighted blanket;

(b) Only use weighted blankets under the following conditions:

(i) If the child is three years old or older;

(ii) With an order from a licensed health care provider or occupational therapist;

(iii) When they do not:

(A) Exceed 10 percent of the child's or youth's body weight;

(B) Contain metal beads; and

(iv) When they are not homemade;

(d) Not use weighted blankets as restraints.

(6) If children or youth are admitted with a weighted blanket without an order from a licensed health care provider or occupational therapist, licensees:

(a) Must obtain an order from a licensed health care provider or occupational therapist within 14 calendar days to continue using the weighted blanket;

(b) May allow children or youth to use their weighted blanket as outlined in subsection (5)(a) through (c) of this section until they have received the order from the licensed health care provider or occupational therapist; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2530, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2540 Indoor areas for recreation, informal educational activities, and physical or occupational therapy.

(1) Licensees must have a room or area inside the facility that is suitable for recreational and informal educational activities appropriate to the developmental capabilities of the children and youth in care. The size of the room or area must:

(a) Be appropriate for the licensed capacity of the facility;

(b) Be adequate for children and youth play; and

(2) If licensees care for children or youth with developmental disabilities and their licensed health care provider prescribes them physical or occupational therapy, licensees must:

(a) Provide a room in their facility for the physical and occupational therapy sessions that:

(i) Meets the developmental capabilities of the children or youth; and

(ii) Has space to store the therapy equipment; or

(b) Arrange for children or youth to access physical and occupational therapy in the local community.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2540, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2550 Outdoor recreation areas.

Licensees must develop and follow policies and procedures approved by the department for providing appropriate supervision and a safe outdoor recreation space that meets the children's and youth's age and developmental capabilities.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2550, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2560 Swimming pools and other bodies of water on the premises.

Licensees must complete the following if there are swimming pools or other bodies of water on the premises:

(1) Keep them fenced with a locking gate or other safety device approved by LD;

(2) Lock hot tubs when not in use;

(3) Make all potential water hazards, including wading pools, inaccessible to children and youth in care when not in use;

(4) Comply with the supervision requirements in WAC 110-145-2830;

(5) Work with the department to establish a plan for the body of water based on the developmental capabilities of the children and youth in care; and

(6) Verify all bodies of water on the premises comply with state and local regulations.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2560, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2570 Pets and animals.

(1) Licensees must:

(a) Care for all animals housed on the premises in a safe and sanitary manner;

(b) Comply with city, county, state, and federal statutes and regulations regarding:

(i) Animal safety;

(ii) Vaccinations; and

(iii) Standard veterinary care;

(d) Not have any animals on the premises that are dangerous or aggressive to children and youth.

(2) The department has the discretion to limit the type and number of pets and animals in the facility if the department determines there are risks to the child and youth in care.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2570, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2580 Emergency and evacuation plans.

Licensees must:

(1) Evaluate their risk for emergencies;

(2) Develop written emergency plans based on the evaluation in subsection (1) of this section that includes:

(a) At a minimum, responses to the following types of emergencies:

(i) Hostile individuals on the premises;

(ii) Fires; and

(iii) Natural disasters; and

(b) A written evacuation plan that:

(i) Reflects the developmental capabilities of the children and youth in care; and

(ii) Includes:

(A) Actions to be taken:

(I) By the individuals discovering the emergency while waiting for the emergency responders;

(II) Following the emergency; and

(III) Reporting the emergency to the department as outlined in WAC 110-145-2780;

(B) Evacuation of the building in a manner that is safe for children, youth, and personnel; and

(I) Exit doors and windows;

(II) Fire extinguishers; and

(III) Smoke detectors and carbon monoxide detectors, unless the facility has an integrated fire suppression system that includes both smoke detectors and carbon monoxide detectors;

(3) Submit their emergency plans to the department for approval as required in WAC 110-145-2360 and when there are changes;

(4) Store their emergency plans in a manner that is readily available to personnel, children, and youth;

(5) Educate children and youth based on their developmental capabilities about the emergency plans at admission;

(6) Practice and document the response to hostile individuals and natural disasters with children and youth in care quarterly appropriate to their developmental capabilities; and

(7) Post a copy of the evacuation floor plan at each exit door.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2580, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2590 First-aid supplies.

Licensees must:

(1) Keep adequate first-aid supplies on hand for immediate use;

(2) Have first-aid supplies available to personnel and children or youth as appropriate to their developmental capabilities for immediate use at all times including, but not limited to:

(a) Protective nonlatex gloves;

(b) Bandages;

(d) Compression bandages;

(e) Gauze;

(f) Tape; and

(g) Unbreakable mercury free thermometer.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2590, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2600 Fire safety.

(1) Licensees licensed as SRHs for five or fewer children and youth must meet fire safety regulations in WAC 110-148-1465.

(2) Licensees, except SRHs for five or fewer children and youth, must:

(a) Comply with the local building and fire codes and the state fire marshal regulations. If requirements differ between these entities, they must comply with the most stringent requirement;

(b) Have their address clearly visible on the facility or mailbox so that emergency personnel can easily locate the facility;

(d) Be familiar with safety procedures related to fire prevention, including fire drill procedures;

(e) Have easy access to all rooms in the facility in case of emergencies;

(f) Not leave open-flame devices unattended or use them for a purpose other than for what they were designed for; and

(g) Be able to:

(i) Operate all fire extinguishers installed on the premises;

(ii) Test smoke detectors, including single station types;

(iii) Conduct monthly inspections at the facility to identify fire hazards;

(iv) Take action to correct any hazards noted during the inspection; and

(v) Verify:

(A) Children and youth in care are able to escape from every floor in the facility. This may include having one or more functional fire ladders available from upper stories; and

(B) Windows open to the outside that are large enough for emergency personnel to enter and exit wearing rescue gear, unless the building or structure:

(I) Has a fire sprinkler protection system; and

(II) Was previously approved by the local fire marshal or building official with jurisdiction.

(3) Facilities licensed for children age birth through five years old and others who may be endangered based on their developmental capabilities must have barriers for:

(a) Fireplaces;

(b) Wood stoves; and

(4) The department may require licensees to have an inspection by the state fire marshal or the local fire authority if:

(a) The department has questions about fire safety; or

(b) Local ordinances or the state fire marshal require these inspections.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2600, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2610 Smoke detectors.

Licensees:

(1) Licensed as SRHs for five or fewer children and youth must meet smoke detector regulations in WAC 110-148-1465;

(2) Licensed as GCFs, except SRHs for five or fewer children and youth, must:

(a) Meet the state fire marshal regulations for smoke detectors and have operating smoke detectors with a strobe, that are:

(i) Approved by UL or Factory Mutual;

(ii) In compliance with the Americans with Disabilities Act; and

(iii) Installed and maintained according to the manufacturer's specifications;

(b) Have smoke detectors located:

(i) Both inside and outside of all sleeping areas;

(ii) On each story of the facility;

(iii) In all play areas; and

(iv) In the basement; and

(3) Must have a written record on the premises of the date and time the smoke detector tests were completed.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2610, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2620 Carbon monoxide detectors.

Licensees must install and maintain carbon monoxide alarms that comply with UL 2034:

(1) In or near each separate sleeping area in the immediate vicinity of the bedrooms;

(2) On each story of the facility; and

(3) Per NFPA 72 and the manufacturer's instructions.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2620, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2630 Fire extinguishers.

(1) Licensees must:

(a) Have at least one 2A10BC-rated five pound or larger all-purpose ABC fire extinguisher readily available at all times;

(b) Mount fire extinguishers in:

(i) The area of the normal path of exiting; and

(ii) A bracket or a fire extinguisher cabinet so that the top of the extinguisher is no more than five feet above the floor; and

(d) Keep at least one fire extinguisher on each story of a multilevel facility;

(e) Maintain and service fire extinguishers according to manufacturer's specifications; and

(f) Receive a maintenance certification from a licensed firm specializing in this work for each fire extinguisher that is more than a year old, based on the manufacturer's recommended schedule, including a thorough check of the extinguisher for:

(i) Mechanical parts;

(ii) Extinguishing agent; and

(iii) Expelling means.

(2) The department may require additional fire extinguishers be available on the premises, in consultation with the local fire authority or state fire marshal.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2630, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2640 Fire drills.

Licensees must:

(1) Conduct a monthly fire drill at varying times of the day and night so that children, youth, and personnel on all shifts practice the procedures;

(2) Have a written record on the premises of the date and time that all drills were completed; and

(3) Consult with and follow the state fire marshal protocol for simulated fire drills when caring for nonambulatory children or youth.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2640, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2650 General requirements for licensees.

(1) Licensees must follow these requirements for their personnel:

(a) Demonstrate competency, good judgment, and self-control in the presence of children and youth in care and when performing duties;

(b) Know and comply with rules established in this chapter as well as all other applicable laws;

(c) Develop and follow communication policies and procedures approved by the department detailing how individuals on all shifts will communicate with:

(i) Children and youth in care appropriate to their language and developmental capabilities;

(ii) The department;

(iii) Health care providers; and

(iv) Other service providers;

(d) Submit completed background authorization forms as outlined in chapter 110-04 WAC;

(e) Not allow individuals to work at the facility until the department issues a background check clearance authorization for them; and

(f) Report suspected abuse, neglect, and exploitation to the department intake.

(2) Health care personnel working and performing health care duties at a GCF must:

(a) Meet the full professional competency requirements in their respective field; and

(b) Maintain their certification or licensure as required.

(3) Licensees providing clinical services in their facility to children or youth in their care must follow the DOH licensing requirements.

(4) Licensees must use the department's TB screening form to screen personnel for TB, except for licensees who care for medically fragile children and youth, at the following times:

(a) Prior to licensure; or

(b) Upon hire; and

(5) Licensees caring for medically fragile children and youth must follow DOH licensing requirements for TB screening.

(6) Licensees caring for children under two years old must have documentation on-site verifying they have current pertussis and influenza vaccinations.

(7) The department may grant an exception to subsection (6) of this section for individuals who provide documentation from a licensed health care provider stating that the influenza vaccination would result in severe medical consequences and that there is no safe alternative form of the influenza vaccine available.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2650, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2660 Duties and qualifications for executive directors or administrators in GCFs.

(1) Executive directors or administrators in GCFs must:

(a) Manage the financial, administrative, and service operations of the agency;

(b) Be available by phone during the regularly scheduled business hours of the facility and on-site as needed;

(c) Verify the agency complies with all relevant and applicable laws, including chapter 74.15 RCW, and the licensing rules in this chapter;

(d) Communicate to the department the roles, expectations, and purposes of the program;

(e) Assume responsibility for creating and maintaining standards that protect the health, safety, and well-being of children and youth in the licensee's care;

(f) Comply with any professional accreditation requirements that apply to the agency;

(g) Work with representatives of other agencies;

(h) Have at least one year of full-time experience that can be applied to or transferable to the demographic of children and youth in the GCF;

(i) Be able to demonstrate the skills and abilities relevant to administrative oversight and program and fiscal management of an agency as indicated in the agency's policies and procedures; and

(j) Meet additional duties and qualifications detailed in any written agreement between the agency and any government or tribal entity, if applicable. If the requirements of this section differ from the terms in a written and signed agreement, they must comply with the most stringent requirement.

(2) Licensees must notify the LD licensor within 48 hours if the executive director or administrator position is vacated or the executive director or administrator has circumstances that prevent them from carrying out their job duties and responsibilities with a plan for how the duties will be accomplished until the:

(a) Vacancy is filled; or

(b) Executive director or administrator can resume their duties.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2660, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2670 Duties and qualifications for program managers in GCFs.

(1) Licensees must meet the following program manager requirements in GCFs:

(a) Have at least one full-time program manager; and

(b) Identify the key time periods when the program manager is expected to be on-site at the facility in either their:

(i) Policies and procedures approved by the department; or

(ii) Program manager position description.

(2) Program managers must:

(a) Coordinate and oversee the day-to-day programming provided to children and youth in care;

(b) Supervise care coordinators, direct care staff, and direct care volunteers;

(c) Either be available by phone or have a designated individual acting in their absence when they are not able to be on-site during identified key time periods;

(d) Monitor personnel development and training;

(e) Verify the plans contained in each child's and youth's well-being file are accurate and completed;

(f) Comply with any professional accreditation requirements that apply to the agency;

(g) Have one of the following:

(i) A bachelor's degree from an accredited college or university and at least one year of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care to include supervisory experience. Lived experience may count toward six months of the experience requirement;

(ii) An associate degree or have completed 90 quarter credits or 60 semester credits from an accredited college or university and at least two years of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care, to include supervisory experience. Lived experience may count toward meeting one year of the experience requirement; or

(iii) At least three years of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care to include supervisory experience. Lived experience may count toward meeting one year of the experience requirement; and

(h) Meet additional duties and qualifications detailed in any agreement between the agency and any government0 or tribal entity, if applicable. If the requirements of this section differ from the terms in an agreement, they must comply with the most stringent requirement.

(3) Licensees must notify the LD licensor within 48 hours if the program manager position is vacated or the program manager has circumstances that prevent them from carrying out their job duties and responsibilities with a plan for how the program manager duties will be accomplished until the:

(a) Vacancy is filled; or

(b) Program manager can resume their duties.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2670, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2680 Duties and qualifications for care coordinators in GCFs.

(1) Licensees must have at least one care coordinator in GCFs who coordinates services for individual children and youth in care, except for:

(a) Interim facilities;

(b) GRCs; and

(2) Licensees may require more than one care coordinator as outlined in WAC 110-145-2820.

(3) Care coordinators must have one of the following:

(a) A bachelor's degree from an accredited college or university and at least one year of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care. Lived experience may count toward meeting six months of the experience requirement;

(b) An associate degree or have completed 90 quarter credits or 60 semester credits from an accredited college or university and at least two years of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care. Lived experience may count toward meeting one year of the experience requirement; or

(c) At least three years of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care. Lived experience may count toward meeting one year of the experience requirement.

(4) Care coordinators must maintain training, experience, knowledge, and demonstrated skills in each area they will be coordinating.

(5) Agencies may use care coordinators employed by or provided by another agency if:

(a) The care coordinator meets the experience and education requirements in this section;

(b) There is a written agreement between the agencies describing the scope of services to be provided by the care coordinator; and

(6) Care coordinators must meet additional duties and qualifications detailed in any written and signed agreement between the agency and any government or tribal entity, if applicable. If the requirements of this section differ from the terms in a written and signed agreement, they must comply with the most stringent requirement.

(7) Licensees must notify the LD licensor within 48 hours if the care coordinator position is vacated or the care coordinator has circumstances that prevent them from carrying out their job duties and responsibilities with a plan for how the care coordinator duties will be accomplished until the:

(a) Vacancy is filled; or

(b) Care coordinator can resume their duties.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2680, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2690 Duties and qualifications of direct care staff and direct care volunteers in GCFs.

(1) Licensees must meet the following requirements for direct care staff and direct care volunteers in GCFs:

(a) Maintain sufficient numbers of direct care staff and direct care volunteers for the health, safety, and well-being of children and youth in care; and

(b) Develop and follow written policies and procedures approved by the department that describe the duties, responsibilities, professional qualifications, and safety requirements for direct care staff and direct care volunteers.

(2) Direct care staff and direct care volunteers must provide children and youth in care with:

(a) Appropriate adult supervision as outlined in WAC 110-145-2830;

(b) Emotional support including, but not limited to, promoting emotional regulation;

(d) Structured daily routines, basic life skills, and living experiences as established by licensees and described in agencies' policies and procedures.

(3) Direct care staff and direct care volunteers must:

(a) Be at least 21 years of age, except as provided for in subsection (4) of this section;

(b) Have a high school diploma or equivalent credential;

(d) Meet at least one of the following criteria:

(i) Have at least six months of:

(A) Full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care;

(B) Lived experience; or

(ii) Be attending classes at an accredited college or university related to caring for the demographic of children and youth in the licensee's care; and

(e) Meet additional duties and qualifications detailed in:

(i) Any professional accreditation requirements that apply to the agency; and

(ii) Any written and signed agreements between the agency and any government or tribal entity. If the requirements of this section differ from the terms in a written and signed agreement, they must comply with the most stringent requirement.

(4) Direct care staff and direct care volunteers, except those working at CRCs, may be between 18 and 21 years of age if they:

(a) Meet the other requirements detailed in subsection (3) of this section and any other requirements that apply to their facility type; and

(b) Work:

(i) At a facility licensed only to provide care for children younger than 13 years old; or

(ii) At a facility licensed to provide care for children 13 years old or older if they work at all times with at least one other direct care staff or direct care volunteer who:

(A) Are 21 years old or older;

(B) Are on-site and readily available to help when needed; and

(C) Has at least one year of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2690, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2700 Duties and qualifications of nondirect care staff and nondirect care volunteers in GCFs.

Licensees that have nondirect care staff and nondirect care volunteers who assist personnel in GCFs must verify they meet the following requirements:

(1) Are at least:

(a) Eighteen years old; or

(b) Sixteen years old, only at ERCs licensed to care for children or youth younger than 13 years old;

(2) Are able to carry out the duties for which they are responsible;

(3) Are not responsible for the supervision or direct care of the children and youth in care; and

(4) Do not count toward the staff-to-child ratio outlined in WAC 110-145-2820.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2700, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2710 Personnel records.

Licensees must maintain a file for each personnel that contains the following records:

(1) An application or resume that demonstrates the individual meets the experience requirements of the position;

(2) Transcripts, diploma, or degree that demonstrates the individual meets the postsecondary education requirements of the position, if applicable;

(3) High school diploma or equivalent credential. If unable to provide a high school diploma due to the institution being closed or located outside the United States, the individual may submit an education affidavit form;

(4) A signed:

(a) Job description of the position;

(b) Confidentiality statement; and

(5) A record of participation in the agency's orientation, preservice training, and in-service training;

(6) Documentation of behavior management training;

(7) Documentation of first-aid, CPR, and bloodborne pathogens training;

(8) Copy of a valid:

(a) Government-issued photo identification;

(b) Food worker card, if applicable;

(d) Auto insurance for staff using their private vehicle to transport children or youth in care;

(9) Background check log, containing the following information:

(a) The date the background check was requested and completed; and

(b) The first day worked in the facility;

(10) TB screening tool and any additional documentation required based on the screening tool results; and

(11) Record of required personnel immunizations or a medical exemption signed by a licensed health care provider if applicable as outlined in WAC 110-145-2650.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2710, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2720 Personnel fulfilling roles in multiple positions.

The same individual may fulfill the roles of multiple positions in GCFs, with LD approval, as long as:

(1) They meet the qualifications and training requirements for each position;

(2) They fulfill and conduct the duties of only one role at a time; and

(3) Licensees verify required staffing ratios are maintained.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2720, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2730 Additional personnel to support GCFs.

Licensees must have sufficient:

(1) Clerical, accounting, and administrative services to maintain proper records and carry out their program; and

(2) Support and maintenance services to:

(a) Maintain and repair the premises; and

(b) Prepare and serve meals.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2730, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2740 Preservice training.

(1) Licensees must meet the following preservice training requirements:

(a) Train all personnel on the agency's policies and procedures, job responsibilities, and facility administration; and

(b) Verify personnel complete preservice training requirements in addition to the required:

(i) Bloodborne pathogen training outlined in WAC 110-145-2760; and

(ii) First-aid and CPR training outlined in WAC 110-145-2770;

(2) All personnel providing direct care must complete at least 16 hours of preservice training prior to providing direct care to children and youth on topics relevant to the children and youth in care and the program services the agency provides as outlined in the agency's program description.

(3) Nondirect care staff and nondirect care volunteers must complete at least two hours of preservice training relevant to the children and youth in care.

(4) Preservice training:

(a) Must include:

(i) Foundational training in:

(A) Culturally responsive care;

(B) LGBTQIA+ affirming care; and

(ii) Child abuse and neglect identification and reporting requirements;

(iii) Client confidentiality; and

(b) May include:

(i) Accessing community resources;

(ii) Child and youth development;

(iii) Commercial sexual exploitation of children and youth;

(iv) Conflict resolution or problem-solving skills;

(v) Cultural needs of children and youth in care;

(vi) Effects of trauma on children;

(vii) Family dynamics and family intervention techniques;

(viii) Fire safety and emergency planning;

(ix) Gang awareness;

(x) Grief and loss;

(xi) Incident reporting;

(xii) Licensing requirements specific to the facility;

(xiii) Sexually aggressive and physically aggressive and assaultive training;

(xiv) Substance abuse, including fentanyl; or

(xv) Youth supervision requirements.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2740, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2750 In-service training.

(1) Licensees must meet the following in-service training requirements:

(a) Offer all personnel providing direct care in-service training programs for developing and upgrading skills;

(b) Create a written training plan;

(d) Document all training, including a description of the training provided and the date of the training. This information must be kept in each direct care staff's and direct care volunteer's file or in a separate training file.

(2) In-service training requirements are in addition to the required:

(a) Behavior management training, which must:

(i) Be completed within the first 60 calendar days of working in the facility;

(ii) Be approved by the department prior to implementation; and

(iii) Include nonphysical methods of redirecting and controlling behavior that are appropriate to the developmental capabilities of the children and youth in care;

(b) Bloodborne pathogen training as outlined in WAC 110-145-2760; and

(3) All personnel providing direct care must complete at least 24 hours of in-service training annually on topics relevant to the:

(a) Needs of the children and youth the facility cares for; and

(b) Program services the facility provides as outlined in their program description.

(4) All personnel providing direct care must complete training approved by the department within their first six months of employment on the following topics:

(a) Culturally responsive care;

(b) LGBTQIA+ affirming care; and

(5) In-service training may include, but is not limited to:

(a) Behavior management techniques;

(b) Characteristics and management of sexually aggressive or otherwise predatory behavior and physically assaultive behavior;

(d) Commercial sexual exploitation of children and youth;

(e) Conflict resolution or problem-solving skills;

(f) Crisis intervention techniques, including verbal de-escalation, positive behavior support, and physical response and restraint training as approved by the department;

(g) Cultural diversity;

(h) Emergency procedures;

(i) Family intervention techniques;

(j) Fire safety and emergency planning;

(k) Gang awareness;

(l) Indian child welfare and working with Indian children;

(m) Mediation skills;

(n) Mental health issues and interventions;

(o) Substance abuse, including fentanyl; or

(p) Suicide prevention, assessment, and intervention.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2750, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2760 Bloodborne pathogens training.

Licensees must meet the following requirements for bloodborne pathogens training:

(1) Verify all personnel have completed training on bloodborne pathogens that includes infection control standards prior to working with children and youth in the facility;

(2) Use infection control requirements and educational material consistent with the current approved curriculum published by DOH; and

(3) Require all personnel to use universal precautions when they come in contact with bodily fluids.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2760, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2770 First-aid and CPR training.

(1) All personnel, except nondirect care staff and nondirect care volunteers, must be certified in basic standard first aid and age-appropriate CPR within the first 90 calendar days of working in the facility.

(2) The first-aid and CPR training must be approved by the department and accredited according to nationally recognized standards, and:

(a) First-aid training may be completed in person or online; and

(b) CPR training must be completed in person.

(3) At least one staff counted in the staff-to-child ratio must have current certification in basic standard first aid and age-appropriate CPR.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2770, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2780 Reporting incidents.

Licensees must:

(1) Report the following incidents involving children and youth in their care to the:

(a) Department intake and the child's or youth's representatives immediately, but no later than 48 hours after the following type of incidents:

(i) Death;

(ii) Injuries or health conditions that carry high risk of mortality or long-term negative impacts on an individual's daily function or quality of life;

(iii) Psychiatric care that requires hospitalization;

(iv) Any time licensees or their personnel suspect physical or sexual abuse, neglect, or exploitation of a child or youth as required in chapter 26.44 RCW;

(v) Disclosure by a child or youth of sexual or physical abuse;

(vi) Sexual contact defined in RCW 9A.44.010 between two or more children or youth, that is not:

(A) Consensual; and

(B) Developmentally appropriate, including not between preschool or teenage peers;

(vii) Suicidal or homicidal attempts or actions;

(viii) Drug or alcohol use in the facility by a child or youth;

(ix) Use of prohibited physical restraints for behavior management;

(x) Physical assault of a child or youth in care that results in injury requiring off-site medical attention or hospitalization;

(xi) Any medication given or consumed incorrectly that requires off-site medical attention; and

(xii) Emergencies on the premises requiring activation of their emergency plan required in WAC 110-145-2580;

(b) LD licensors and the child's or youth's representatives immediately and no later than 48 hours after the following types of incidents:

(i) Disclosure of suicidal or homicidal thoughts or plans, unless a supervision plan is in place that has been approved by their caseworker;

(ii) A child's or youth's self-inflicted physical injury not intended as a suicide attempt that requires off-site medical treatment, unless a supervision plan is in place that has been approved by their caseworker;

(iii) Health problems outside of the usual range of reactions caused by medications that do not require off-site medical attention;

(iv) Any medication incorrectly given or consumed incorrectly;

(v) Use of physical restraint alleged to have been excessive or improperly applied as outlined in WAC 110-145-3200;

(vi) Physical assault between two or more children or youth that results in injury;

(vii) Physical assaults involving employees, volunteers, or other adults by a child or youth in care that results in injury;

(viii) Discovery of contraband on the premises as defined by the licensees' policies and procedures;

(ix) Drug or alcohol use by a child or youth in care off-site;

(x) Any off-site treatment for emergency medical or psychiatric care;

(xi) Any inappropriate sexual behavior by or toward a child or youth;

(xii) Arrest or detainment of the child or youth;

(xiii) Suspected or known gang recruitment of, or activity by, a child or youth;

(xiv) Significant property damage on the licensed premises caused by child or youth; and

(xv) Outbreak of a vaccine-preventable disease in the facility; and

(2) Maintain written records of all reports made that include the:

(a) Date and time the report was made; and

(b) Name of the individual making the report.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2780, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2790 Reporting children and youth missing from care.

(1) This section does not apply to OYSs and other GCFs that provide residential services for runaway or homeless children or youth, which must follow the requirements in WAC 110-145-2800.

(2) Licensees must:

(a) Develop and follow policies and procedures approved by the department outlining a response plan for missing children or youth in their care. At a minimum, the plan must require personnel to notify the following immediately, but no later than 24 hours after, when children or youth are missing from care or run while in their care:

(i) Law enforcement;

(ii) Tribal law enforcement for Indian children and youth;

(iii) National center for missing and exploited children at 1- 800-843-5678;

(iv) Child's or youth's representatives; and

(v) Department intake for department children or youth if their caseworker cannot be contacted directly or it is after normal business hours;

(b) Provide the National Center for Missing and Exploited Children and law enforcement the following for the missing child or youth:

(i) A recent photo;

(ii) Time they left or went missing;

(iii) Their last known location;

(iv) What they were wearing;

(v) Description of their physical features, including:

(A) Height;

(B) Weight;

(D) Ethnicity;

(E) Race;

(F) Hair color; and

(G) Eye color;

(vi) Endangerment information, if applicable, including their:

(A) Pregnancy status;

(B) Prescription medications;

(D) Vulnerability to being sex trafficked; and

(E) Other health or risk factors;

(vii) Any known behaviors or interactions that may have caused their departure;

(viii) Possible places where they may go;

(ix) Special physical or mental health conditions or medications that affect their safety; and

(x) Known companions who may be aware or involved in their absence;

(c) Not provide the National Center for Missing and Exploited Children consent to release children and youth information in (b)(vi) of this subsection;

(d) Obtain the missing person report number, when available;

(e) Notify, by phone or email, the child's or youth's representatives, and provide any of the known information listed in (b) of this subsection;

(f) If at any time after making an initial report, licensees learn of a missing child's or youth's whereabouts, they must report that to:

(i) Law enforcement;

(ii) National Center for Missing and Exploited Children; and

(iii) The child's or youth's representatives; and

(g) Cancel the law enforcement run report and notify all individuals previously contacted if the missing child or youth returns to the facility.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2790, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2800 Alternate reporting requirements for licensed facilities serving runaway and homeless children and youth.

Licensees providing services to homeless or runaway youth who learn that a community child or youth staying in their facility does not have permission from their parents or guardians to be there must:

(1) If they are licensed as a CRC:

(a) Follow the notification requirements in RCW 43.185C.280; and

(b) Contact the department:

(i) If unable to contact the youth's parents or guardians within 48 hours and request that the case be reviewed for:

(A) Services or a dependency filing as outlined in chapter 13.34 RCW; or

(B) CHINS filing as outlined in chapter 13.32A RCW; and

(ii) Intake to notify them of the youth's admission to the CRC within 24 hours;

(2) If they are licensed as an OYS or other GCF with a stated mission to provide services to homeless or runaway youth, follow the requirements in RCW 13.32A.082; and

(3) Document all notifications made as required in this section in the child's or youth's well-being file.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2800, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2810 Reporting facility, program, and licensee changes.

Licensees must immediately report to the LD licensor changes in the original licensing or renewal application, including the following:

(1) Physical location, phone number, or email or mailing address;

(2) Program description or the population served, including the maximum number, age ranges, and gender of children and youth that the licensee wants to be licensed for;

(3) Structure of the building or premises from events that cause damage, such as a fire or remodeling;

(4) Name of the licensed corporation, the name by which the facility is commonly known or to the articles of incorporation and bylaws;

(5) Death, retirement, or incapacity of the individual who holds the license; and

(6) Arrests or convictions of licensees or their personnel that:

(a) They are aware of; and

(b) Occur between the date the license is issued and the expiration date of the license.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2810, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2820 Staffing ratios.

Licensees must:

(1) Meet the staffing ratios in this section unless:

(a) Their contract for services requires a more stringent staffing ratio for the health, safety, and well-being of the children, youth, and personnel;

(b) The department requires a more stringent staffing ratio, per WAC 110-145-2830; or

(i) CRCs, follow the requirements in WAC 110-145-3210; or

(ii) GRCs, also follow the minimum staffing requirements in WAC 110-145-3320;

(2) Have an identified individual that meets direct care staff or direct care volunteer qualifications on-call at all times and available to:

(a) Respond to the facility by phone within 15 minutes; and

(b) Report on-site to the facility as soon as possible, but no later than one hour;

(3) Have at least one of the following either on-site or on-call and able to respond to the facility by phone within 15 minutes:

(a) An executive director;

(b) Program manager;

(d) An individual employed by the licensee in one of those roles at another GCF;

(4) Have at least one care coordinator for every 18 children or youth in care, except those who operate interim facilities; and

(5) Provide staff as follows, unless they are licensed as CRCs:

(a) Maintain a staffing ratio of at least one direct care staff or direct care volunteer on duty for every eight:

(i) Children and youth in care; or

(ii) Parenting youth in programs that serve pregnant and parenting youth; and

(b) Have at least one direct care staff or direct care volunteer on duty during sleeping hours when children or youth are present. They must be awake and alert, except in facilities where the focus of the program is on developing independent living skills as outlined in RCW 74.13.540.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2820, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2830 Supervising children and youth.

(1) Licensees must meet the supervision requirements listed in this section unless their contract for services requires more stringent supervision requirements for the health, safety, and well-being of the children, youth, and personnel.

(2) Licensees and their direct care staff and direct care volunteers must provide appropriate supervision for the children and youth in care based on each child's or youth's developmental capabilities.

(3) Supervising staff must:

(a) Conduct ongoing and periodic checks on children and youth in care when they are out of sight or hearing distance;

(b) Use their knowledge of each child's and youth's developmental capabilities to:

(i) Mitigate unsafe or unhealthy events or actions; and

(ii) Intervene in unsafe or unhealthy events or actions as soon as possible; and

(c) Remain awake when they are on supervision duty, unless they are working in a facility where the focus of the program is on developing independent living skills as outlined in RCW 74.13.540.

(4) Licensees must:

(a) Determine prior to placement if a child or youth has a need for a higher level of supervision based on their health, safety, and well-being needs and to maintain the health, safety, and well-being of all children and youth in the home by:

(i) Obtaining information from the child's or youth's representatives; and

(ii) Using any other known information;

(b) Complete the following if they determine after placement that a child or youth has a need for a higher level of supervision than originally assessed:

(i) Develop a supervision plan to address those needs;

(ii) Obtain approval for the supervision plan from the child's or youth's representatives, if applicable; and

(iii) Document the supervision plan in the child's or youth's well-being file as outlined in WAC 110-145-2890;

(c) Allow nonpersonnel individuals who come onto the licensed premises to only have contact with the child or youth for whom they are approved;

(d) Be on the same floor of the facility or within hearing distance and access to where children under six years old are sleeping;

(e) Not leave children under six years old and children or youth who are vulnerable due to their developmental capabilities unattended in a bathtub or shower; and

(f) Not use cribs, bassinets, cradles, playpens, infant swings, or electronic monitoring as a substitute for supervision and care.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2830, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2840 Enhanced supervision for high-risk activities, including bodies of water.

Licensees and their direct care staff and direct care volunteers must:

(1) Provide enhanced supervision when children and youth in care participate in high-risk activities based on their developmental capabilities, unless there is a supervision plan approved by their representatives that allows them to participate in high-risk activities without enhanced supervision; and

(2) Complete the following when children or youth in care participate in the following high-risk activities:

(a) Riding on or using motorized vehicles and equipment:

(i) Comply with all laws pertaining to the use of the motorized vehicles and equipment; and

(ii) Instruct them on and require the use of appropriate protective and safety gear;

(b) Be within touching distance of children age birth through five years old when they use or are around:

(i) Hot tubs;

(ii) Swimming pools;

(iii) Spas; and

(iv) Man-made and natural bodies of water;

(c) Follow the following staffing requirements when swimming in pools or outdoor bodies of water, excluding small shallow pools, if:

(i) A lifeguard is on duty, comply with staffing ratio requirements outlined in WAC 110-145-2820; or

(ii) A lifeguard is not on duty:

(A) When supervising two or more children or youth, have at least two direct care staff or direct care volunteers present and comply with staffing ratio requirements outlined in WAC 110-145-2820; and

(B) At least one of the direct care staff or direct care volunteers present must:

(I) Have a lifeguard or water safety certification; or

(II) Know how to swim, how to use rescue equipment, and have it with them; and

(d) Require children and youth in care to wear U.S. Coast Guard-approved personal flotation devices when swimming in nondesignated swimming areas or using a water-based recreation device.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2840, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2850 Orientation for children, youth, and parents or guardians.

Licensees must complete the following as part of the admission process:

(1) Provide orientation to:

(a) Children and youth over the age of six based on their developmental capabilities. This must be provided both verbally and in writing and must include a:

(i) Tour of the licensed premises; and

(ii) Description of:

(A) The programs; and

(B) Basic rules including personal boundaries; and

(b) Parents or guardians when they have placed their children or youth in the licensee's care that includes either verbally or in writing a description of the:

(i) Facility and programs; and

(ii) Basic rules;

(2) Give the following in orientation, except for interim facilities to:

(a) Children and youth:

(i) A map of the licensed premises;

(ii) A description of the services;

(iii) The description of children's and youth's rights; and

(iv) A review of the fire evacuation plan; and

(b) Children, youth, and parents or guardians, a copy of the client visitation policy approved by the department that includes information on accessing their child's or youth's:

(i) Attorney, if applicable; and

(ii) Department or tribal caseworker, if applicable; and

(3) Keep written documentation in the child's or youth's well-being file of the completed orientation signed by the:

(a) Individual providing the orientation; and

(b) Child or youth according to their developmental capabilities.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2850, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2860 Admission and general recordkeeping.

Licensees must obtain and document the following information in the child's or youth's well-being file as outlined in WAC 110-145-2890:

(1) At the time of admission:

(a) The date they were admitted;

(b) The name and phone number for their representatives;

(d) Reasons for the placement;

(2) The child's or youth's:

(a) Name;

(b) Birth date;

(d) Previous placement history or reason for accessing the program;

(e) Date and time of facility orientation; and

(f) Current photo; and

(3) Name and phone numbers of parents, guardians, or individuals to be contacted in case of emergency.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2860, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2870 Refusal to admit or retain a child or youth.

(1) Licensees have the right to refuse to admit or retain a child or youth in their facility, unless that decision:

(a) Is prohibited by their contract; or

(b) Discriminates against children and youth as outlined in WAC 110-145-2320.

(2) A joint decision may be made by the licensee, the agency placing the child or youth, and the department to serve the child or youth elsewhere for the health, safety, and well-being of the child, youth, or others.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2870, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2880 Caring for children's and youth's personal belongings.

Licensees must meet the following requirements for children's and youth's personal belongings:

(1) Handle and store children's or youth's belongings with care and respect at all times;

(2) Complete the following steps when tracking inventory of children's and youth's personal belongings, except for interim facilities:

(a) Meet with each child and youth at admission to document a complete inventory of their personal belongings. At a minimum, the inventory must include items:

(i) Identified by the child or youth as having sentimental value; and

(ii) Placed in:

(A) Their room; and

(B) Storage;

(b) Update their inventory:

(i) At least twice a year; and

(ii) When there are changes to items identified as having sentimental value;

(c) Attempt to get children's or youth's signature on the inventory list or from the parents or guardians of a community child or youth when the inventory is:

(i) Initially conducted; and

(ii) Updated; and

(d) Verify children and youth are able to take their belongings when they leave the licensee's care and:

(i) Provide them with a copy of their belongings inventory;

(ii) Verify they have all their belongings on their inventory document; and

(iii) Provide them with luggage or a sturdy container for their belongings if they do not already have one;

(3) Develop and follow policies and procedures approved by the department for how the licensee will respond if children's or youth's personal belongings are damaged or stolen, including recording damage and the cause on the inventory document, except for interim facilities; and

(4) Complete the following if children or youth are unable to take their belongings when they leave the licensee's care:

(a) Safely store their belongings for up to 30 calendar days while attempting to transfer their belongings by working with the child's or youth's:

(i) Representatives; or

(ii) Attorney;

(b) Coordinate with the individuals in (a) of this subsection to transfer the belongings to the child or youth within seven calendar days if the licensee learns that they are able to receive them; and

(c) Notify the individuals in (a) of this subsection to collect the belongings if they have not been collected within 30 days of the placement end date.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2880, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2890 Children's and youth's well-being files.

Licensees must meet the following requirements for children's and youth's files:

(1) Retain any identifying and personal information about children or youth and their families:

(a) Confidential as outlined in chapter 26.33 RCW; and

(b) In a secure place inaccessible to children, youth, unauthorized personnel, and the public;

(2) Maintain:

(a) Child and youth well-being files for each child and youth in their record filing system;

(b) The well-being file in a manner that is easily accessible or shareable with:

(i) The department;

(ii) Youth age 12 and above; and

(iii) The child's or youth's tribe, if applicable; and

(i) Admission and general recordkeeping, as outlined in WAC 110-145-2860;

(ii) Supervising children and youth, as outlined in WAC 110-145-2830;

(iii) Caring for children's and youth's personal belongings, as outlined in WAC 110-145-2880;

(iv) Medical records requirements, as outlined in WAC 110-145-2910;

(v) Maintaining connections with family and supportive individuals, as outlined in WAC 110-145-3030;

(vi) Supporting peer relationships and participating in activities, as outlined in WAC 110-145-3040;

(vii) Cultural needs, as outlined in WAC 110-145-3050;

(viii) Additional requirements when caring for Indian children, as outlined in WAC 110-145-3060;

(ix) Technology use, as outlined in WAC 110-145-3070;

(x) Education and vocational requirements, as outlined in WAC 110-145-3080;

(xi) Allowance, chores, and employment, as outlined in WAC 110-145-3090; and

(xii) Electronic monitoring or location tracking approvals, as outlined in WAC 110-145-2460;

(3) Document their attempts to obtain the requested information in the well-being file if they are unable to obtain the required information from the child, youth, or their representatives; and

(4) Provide the child's or youth's caseworker with any documents from the well-being file they do not already have when they change placement.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2890, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2900 Sharing records or information about children, youth, or their families.

Licensees must keep information about children, youth, and their families confidential and only share their information, including their well-being files, when conducting official duties with:

(1) Representatives of the department;

(2) For department children or youth:

(a) Representatives of the office of the family and children's ombuds;

(b) The children's or youth's attorneys;

(d) Others designated by the children's or youth's department caseworkers;

(3) For tribal children or youth, those designated by their tribal caseworker; and

(4) For community children or youth, those designated by their parents or guardians.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2900, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2910 Medical records requirements.

Licensees must obtain and document the following medical records and information in the children's and youth's well-being files as outlined in WAC 110-145-2890:

(1) Written consent, if applicable, for providing medical care and emergency surgery, unless that care is authorized by a court order;

(2) Medical history including, but not limited to:

(a) Name of licensed health care providers;

(b) Type of medical coverage;

(d) Current prescription and over-the-counter medications;

(e) Immunizations;

(f) Upcoming scheduled medical or dental appointments, except for interim facilities; and

(g) Dates of any illnesses or accidents while in care; and

(3) Mental health history, if applicable including, but not limited to:

(a) Current mental health diagnoses or information;

(b) Substance use disorder; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2910, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2920 Retention of children's and youth's records after facility closure.

Licensees upon termination or expiration of their license or contract must:

(1) Notify their LD licensor about the closure of the facility and where they will store children's and youth's files;

(2) Keep all client information up to six years after the termination or expiration date; and

(3) Return department children's and youth's files to the department either:

(a) At the time of closure; or

(b) Six years after the termination or expiration date of the license or contract.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2920, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2930 Medical consent and care.

(1) Medical consent.

(a) The department is the legal custodian for department children and youth and has the authority to consent to emergency and routine medical services on behalf of these children and youth when they are under 18 years old;

(b) Youth in care ages 18 to 21 years old must:

(i) Give consent for their own medical care; or

(ii) Have an identified individual who has been granted legal authority to give consent on their behalf;

(c) Licensees may only consent to emergency or routine medical services for the department children and youth in their care when the department has delegated the authority to them; and

(d) Licensees caring for:

(i) Children or youth in the custody of another agency, tribal court, or other court must follow the direction of that agency or court regarding permission to give consent for medical care; and

(ii) Community children or youth must get consent from the parents or guardians of the child or youth to receive medical care, unless the youth have the legal authority to consent for their own medical care.

(2) Medical care. Licensees must complete the following:

(a) Consult children's or youth's established licensed health care provider when seeking medical advice, treatment, or exams, unless:

(i) An emergency situation exists;

(ii) Their established licensed health care provider is not known to the licensee;

(iii) Their established licensed health care provider is not available within the necessary time frame; or

(iv) An in-person visit is required, and their established licensed health care provider is not within reasonable proximity;

(b) Take the necessary actions for children and youth to receive routine medical care or care if they are injured or harmed, unless they refuse medical care;

(d) Contact 911 if a life-threatening medical emergency occurs prior to transporting the child or youth to a medical facility, even if they refuse medical care.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2930, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2940 Evaluating children's and youth's medical needs at admission.

(1) Licensees must obtain immediate medical care for a medical emergency, per WAC 110-145-2930.

(2) Obtaining health history information. Licensees must attempt to obtain all information relevant to children's or youth's emergent medical needs upon admission:

(a) This information must include:

(i) Allergies;

(ii) Physical or mental health conditions, including injuries;

(iii) Dental or optometry conditions;

(iv) Medications they are currently taking; and

(v) Other treatments they are receiving; and

(b) Licensees may gather this information from:

(i) Observation;

(ii) The child or youth;

(iii) The child's or youth's health record; or

(iv) The child's or youth's representatives.

(3) If the child or youth has immediate physical, mental health, dental, or optometry needs, the licensees must arrange for care as necessary.

(4) Licensees must follow the schedule outlined by DOH for routine dental exams for children and youth in care.

(5) Initial health screens. Licensees must take children or youth to a licensed health care provider for an initial health screen, except for interim facilities:

(a) When the children or youth enter out-of-home care for the first time or it is their first placement other than having been in interim facilities; and

(b) As soon as possible, but no later than 14 calendar days after entering the licensee's care; or

(i) Came to the facility from a hospital or pediatric interim care;

(ii) Is receiving services through a child or youth advocacy center or sexual assault clinic;

(iii) Has had an EPSDT exam in the last 30 calendar days;

(iv) Receives an EPSDT exam within the first 14 calendar days of entering the licensee's care; or

(v) Entered DDCS services as a community child or youth with an out-of-home services agreement.

(6) Licensees must:

(a) Verify the initial health screen is conducted by the children's or youth's established licensed health care providers if possible; or

(b) Work with the children's or youth's representatives if it is not possible to see their established licensed health care providers.

(7) EPSDTs. Licensees must, except for interim facilities:

(a) Take children and youth to a licensed health care provider for an EPSDT exam within the first 30 calendar days of entering the licensee's care, unless they have had an EPSDT exam in the last 30 calendar days;

(b) Obtain a copy of documentation of the EPSDT exam;

(i) Is signed by the licensed health care provider; and

(ii) Identifies any:

(A) Chronic medical issues;

(B) Immediate health concerns; and

(d) Notify the child's or youth's representatives of the date of the scheduled exam if an appointment with a licensed health care provider is not available within the required time frames in this section; and

(e) Follow the schedule outlined by a licensed health care provider for subsequent periodic EPSDT exams.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2940, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2950 Immunization requirements for children and youth.

Licensees must meet the following immunization requirements:

(1) Follow the childhood immunization requirements as outlined in WAC 246-105-030 for all children and youth in their care, except if they are licensed as interim facilities, CRCs, or GRCs;

(2) Verify that department children and youth are up-to-date on their immunizations, unless they have immunization exemptions as outlined in their plan;

(3) Verify community children and youth are up-to-date on their immunizations, unless they have written documentation of any of the following immunization exemptions:

(a) Medical or religious exemptions, signed by the:

(i) Child's or youth's parents or guardians or youth if they have the legal authority to consent for their own medical care; and

(ii) Licensed health care provider;

(b) Philosophical or personal exemption, which is not available for the measles, mumps, or rubella vaccine requirements, signed by the:

(i) Child's or youth's parents or guardians or youth if they have the legal authority to consent for their own medical care; and

(ii) Licensed health care provider; or

(c) Religious membership exemption signed by the child's or youth's parents or guardians or youth if they have the legal authority to consent for their own medical care; and

(4) Take children or youth that are not up-to-date on their immunizations and do not have an immunizations exemption on record to a licensed health care provider as soon as medically possible to catch up on their immunizations.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2950, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2960 Prevention of communicable disease.

(1) Licensees must comply with the following to prevent communicable disease:

(a) Prohibit personnel with a contagious disease as defined in WAC 246-110-010 from being on duty until they are no longer in an infectious stage as determined by:

(i) CDC guidelines;

(ii) The local health jurisdiction; or

(iii) A licensed health care provider;

(b) Promote personal hygiene to help prevent the spread of germs;

(c) Develop and follow written infection control policies and procedures approved by the department that include, but are not limited to:

(i) Isolation of sick children and youth;

(ii) Germ control procedures;

(iii) Hygiene, including handwashing, toilet use, diapering, and laundering;

(iv) Prevention of the transmission of communicable diseases including management and reporting;

(v) First aid;

(vi) Care of minor illnesses;

(vii) Actions to be taken for medical emergencies; and

(viii) Infant care procedures if licensed to care for infants; and

(d) Arrange to have an RN or a licensed health care provider help develop and periodically review their policies and procedures described in (c) of this subsection if licensed to care for 13 or more children or youth.

(2) The department may recommend licensees who are licensed for fewer than 13 children or youth consult with an RN or a licensed health care provider to help develop and periodically review their policies and procedures described in subsection (1)(c) of this section.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2960, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-2970 Accepting, storing, and disposing of medication.

(1) Licensees must:

(a) Develop and follow policies and procedures approved by the department on accepting, storing, and disposing of medication; and

(b) Arrange to have an RN or a licensed health care provider help develop and periodically review their policies and procedures in (a) of this subsection if licensed to care for 13 or more children and youth in a facility.

(2) The department may recommend licensees licensed for fewer than 13 children or youth consult with an RN or a licensed health care provider to help develop and periodically review their medication management and administration policies and procedures in subsection (1)(a) of this section.

(3) Licensees must complete the following when:

(a) Accepting medication:

(i) Keep medication for children and youth in care in a pharmacy-labeled container with:

(A) Their first and last name;

(B) The date the prescription medication was filled;

(D) Legible instructions for administration of the medication, specifically the manufacturer's instructions or the prescription label; and

(ii) Consult and follow the recommendations of the following individuals if they have concerns about medication provided by the child's or youth's parents or guardians:

(A) The medication prescriber;

(B) A pharmacist; or

(b) Storing medication:

(i) Follow manufacturer's specifications, including refrigerated medications;

(ii) Store human and animal medications separately and in locked containers; and

(iii) Store prescription and over-the-counter medications, except nasal spray naloxone, in a locked container in a manner that minimizes the risks for medication errors and unauthorized access;

(i) Have a written plan for children and youth in care who have emergency medication, other than naloxone nasal spray, that is reflective of their developmental capabilities and outlines the following:

(A) How the medication will be easily accessible in an emergency;

(B) How the medication will be kept inaccessible to other children and youth in care; and

(ii) When naloxone is on-site in:

(A) A nasal spray form must be stored in a place where it is easily accessible in case of an emergency, except children or youth may keep their own naloxone nasal spray in their personal belongings; and

(B) An injectable form must be stored in a locked container; and

(d) Disposing of medication:

(i) Follow the Food and Drug Administration guidelines for proper disposal of medications that are no longer being taken or have expired; and

(ii) Document the following information when disposing of any prescription medication the:

(A) Name of the:

(I) Medication that was disposed;

(II) Child or youth for whom the medication was prescribed;

(III) Individual disposing of the medication; and

(IV) Individual witnessing the disposal;

(B) Date disposed; and

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2970, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2980 Medication administration and documentation.

(1) At least one direct care staff or direct care volunteer who has completed medication training approved by the department and is able to dispense and complete the medication documentation must be on duty when children and youth are present.

(2) The following individuals are allowed to access children's and youth's medications:

(a) Licensees;

(b) Authorized individuals providing care, including respite care providers; and

(3) Licensees must:

(a) Give prescription medications to children or youth named on the prescription and in the amount and frequency prescribed by a licensed health care provider;

(b) Give children and youth in care over-the-counter medications only when needed and:

(i) As specified by the manufacturer's instructions; and

(ii) While allowing them to request or decline medication according to their developmental capabilities;

(c) Not use prescription or over-the-counter medications for behavior control, unless prescribed for that purpose by a licensed health care provider;

(d) Not reduce or stop children's or youth's prescribed medication without the written approval of a licensed health care provider, except when the:

(i) Child or youth has an adverse reaction, such as an allergic reaction to the medication. If this occurs, licensees must follow-up with a licensed health care provider within 48 hours for an updated medication order; or

(ii) Licensee obtains instructions from a licensed health care provider over the phone to reduce or stop giving the medication to the child or youth. If this occurs, they must also:

(A) Document and follow the order; and

(B) Get a copy of the order from the licensed health care provider within 72 hours;

(e) Report the child's or youth's decision to reduce or stop prescribed medication to the child's or youth's representatives and the prescribing licensed health care provider;

(f) Coordinate starting or stopping a child's or youth's psychotropic medication with their licensed health care provider and obtain consent from:

(i) Youth 13 years old or older who are developmentally capable to provide consent; or

(ii) Representatives for children and youth 13 years old or older who are unable to provide consent; and

(g) Keep a record of all prescription and over-the-counter medications given, missed, and refused. This documentation must include:

(i) The child's or youth's name;

(ii) Whether the medication was given, missed, or refused;

(iii) Time the medication was taken;

(iv) Amount of medication; and

(v) Name of individual administering medication;

(h) Consult with a licensed health care provider if children or youth miss or refuse medication for two consecutive days unless there is a medication plan in place with other instructions; and

(i) Comply with WAC 110-145-3060 regarding Native American traditional medicines.

(4) Licensees who care for:

(a) Medically fragile children and youth must also follow the documentation requirements in WAC 110-145-3490; and

(b) Children or youth in the custody of another agency or tribal or other court must follow the direction of the agency or court regarding giving or applying prescription and over-the-counter medications. If this conflicts with the department's policy, the licensee must notify the child's or youth's department caseworker.

(5) Licensees for department and tribal children and youth and parents or guardians for community children and youth may grant approval for dietary supplement use by children and youth in care with or without medical consultation. If licensees require children and youth to have a medical consultation for dietary supplement use, they must notify the children's of youth's representatives.

(6) Licensees may permit children or youth to take their own medications when the following conditions are met:

(a) The child or youth has the developmental capability to properly take them; and

(b) Licensees:

(i) Obtain and keep on record written approval by the child's or youth's representatives, except:

(A) In OYSs and CRCs; or

(B) For youth 18 years old or older who consent to their own medical care;

(ii) Monitor that the children or youth take their medication according to the prescription or manufacturer's instructions, including the proper amount and frequency; and

(iii) Store the medication and medical supplies in a way that is inaccessible to individuals who are not authorized in subsection (2) of this section.

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-2980, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-2990 Alcohol, marijuana, and illegal drugs.

Licensees must prohibit:

(1) Possession or use of alcohol, marijuana, or illegal drugs on the premises; and

(2) Personnel under the influence of alcohol, marijuana, or illegal drugs from having contact with children or youth in care.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-2990, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3000 Smoking and vaping.

(1) Licensees:

(a) Must not allow smoking or vaping inside the building or while transporting children or youth in motor vehicles; and

(b) May permit adults 21 years old or older to smoke or vape on the premises outdoors away from children and youth, per RCW 70.160.075.

(2) This section does not apply to traditional or spiritual Native American or religious ceremonies involving the use of tobacco, which may be used on the premises outdoors.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3000, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3010 Records for each shift.

During each shift, licensees must:

(1) Keep the following documentation current and available to personnel:

(a) Incident logs, including:

(i) A copy of any suspected child abuse or neglect referrals made to the department; and

(ii) All related incident reports;

(b) Any identified supervision needs specific to children or youth;

(c) Written documentation or staff briefings between shifts regarding the whereabouts of any children or youth currently off-site, except for OYSs;

(d) Names of direct care staff and direct care volunteers on duty during the shift; and

(e) Phone numbers of the on-call executive director, program manager, or care coordinator, and the on-call personnel available to be on duty if needed during each shift; and

(2) Document the following information about children and youth in care in a shift log:

(a) Serious health, safety, or well-being issues;

(b) Illnesses or accidents; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3010, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3020 Communication privacy for children and youth.

Licensees must meet the following privacy requirements for children and youth in their care, except as stated in subsection (2) of this section:

(1) Allow children and youth in care to:

(a) Have privacy of communication as appropriate to their developmental capabilities, including:

(i) In-person communication;

(ii) Personal mail;

(iii) Phone calls; and

(iv) Electronic messages; and

(b) Communicate with:

(i) Their:

(A) Attorney;

(B) Representatives;

(D) School; and

(ii) Crisis lines;

(2) May restrict children's or youth's communications:

(a) When directed by:

(i) The child's or youth's representatives; or

(ii) Court order; or

(b) Per the:

(i) Licensee's technology use policy; or

(ii) Child's or youth's individual technology use plan outlined in WAC 110-145-3070.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3020, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3030 Maintaining connections with family and supportive individuals.

Licensees must support children and youth in care in maintaining relationships with family and supportive individuals, except for interim facilities, by:

(1) Obtaining and documenting in the child and youth well-being file as outlined in WAC 110-145-2890:

(a) Following the instructions and guidance from the child's or youth's representatives of individuals authorized to have contact with or take the child or youth out of the facility, including their:

(i) Name;

(ii) Address; and

(iii) Phone number; and

(b) The child's or youth's court ordered visitation plan or caseworker approved contact plan, if applicable; and

(2) Supporting scheduled visits and connections by:

(a) Verifying children or youth are ready on time and have what they need for the visits;

(b) Assisting children and youth in care with any technology needs, per WAC 110-145-3070; and

History

Statutory Authority: RCW 74.15.030. WSR 26-08-021, s 110-145-3030, filed 3/23/26, effective 5/1/26.

Wash. Admin. Code § 110-145-3040 Supporting peer relationships and participating in activities.

Licensees must take the following actions to support children's and youth's socialization and participation in activities:

(1) Support children and youth in care to develop positive relationships with peers as appropriate to their developmental capabilities;

(2) Allow children and youth to decline participation or engagement in activities and document when they decline to participate;

(3) Except for interim facilities:

(a) Gather information on activities each child or youth wishes to participate in based on their developmental capabilities, both on-site and off-site, from any of the following, as appropriate, the:

(i) Child or youth;

(ii) Child's or youth's representatives; and

(iii) Licensee's observations; and

(b) Use the information gathered in (a) of this subsection to:

(i) Create and post a weekly or monthly schedule of wide-ranging activities for the facility where children, youth, and others can view it that meets these requirements:

(A) Only uses materials for activities that are:

(I) Safe;

(II) Suitable; and

(III) Meet the developmental capabilities and cultural needs of the children and youth in care; and

(B) Groups children and youth with similar ages for their safety, except GRCs, per WAC 110-145-3340; and

(ii) Develop a written activity plan for each child or youth in their well-being file, except GRCs, and include:

(A) Specific activities on-site or off-site, in which they would like to participate;

(B) Their ability to safely participate in those activities according to their developmental capabilities;

(D) If there are health, safety, or well-being reasons they are not able to participate in off-site activities, include:

(I) The areas impeding their ability to participate in off-site activities;

(II) Actions they can take to allow them to participate in the future; and

(III) If there are any equivalent alternative activities they may choose to participate in; and

(4) Review and update the activity plan quarterly with the:

(a) Child or youth; and

(b) Child's or youth's representatives, if appropriate.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3040, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3050 Cultural needs.

Licensees must meet the following requirements for children's and youth's cultural needs:

(1) Maintain an environment that is inclusive and respectful of their cultures, including meeting all the requirements of WAC 110-145-3060 if applicable;

(2) Allow and assist their participation in activities relevant to their culture, which includes their self-identified:

(a) Spiritual and religious beliefs;

(b) Race and ethnicity; and

(3) Allow them to decline participation in cultural activities;

(4) Gather information on their cultural needs from any of the following, as appropriate:

(a) The child or youth; and

(b) The child's or youth's representatives;

(5) Develop a written plan using the information gathered in subsection (4) of this section to meet their cultural needs, including:

(a) Specific activities they:

(i) Would like to participate in either at the facility or off-site; and

(ii) Do not want to participate in;

(b) How they can participate according to their developmental capabilities, including how they will get to and from off-site activities; and

(i) The reason why they may not participate;

(ii) Actions they can take that would allow them to participate in the future; and

(iii) Equivalent alternative activities they may choose to participate in; and

(6) Review the plan quarterly and update as needed with them and their representative.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3050, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3060 Additional requirements when caring for Indian children.

Licensees must:

(1) Provide culturally-appropriate services to Indian children and their families;

(2) Collaborate with the children's or youth's tribes when repairing, replacing, or providing culturally significant items;

(3) Obtain approval from children's and youth's tribal caseworkers prior to making any significant changes to their appearance including, but not limited to:

(a) Hair dying;

(b) Haircuts;

(d) Tattoos;

(4) Collaborate with children's and youth's tribal caseworkers to develop a plan that is kept in their well-being file and includes, but is not limited to:

(a) Managing tribally-funded payments including, but not limited to, per capita, general welfare, settlement funds, if applicable;

(b) Possessing and using Native American traditional medicines including, but not limited to:

(i) Sage;

(ii) Cedar; and

(iii) Sweet grass;

(d) Providing a plant-based or lactose-free alternative to cow's milk, if applicable;

(5) Allow Indian children to attend cultural events and activities;

(6) Not use discipline methods that interfere with the children's and youth's cultural needs, including cutting their hair, or taking away any religiously or culturally significant items or events; and

(7) Consult with tribes regarding out-of-state or out-of-country travel requirements when caring for children or youth in the care and custody of the tribal court.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3060, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3070 Technology use.

Licensees must comply with the following regarding children's and youth's use of technology:

(1) Develop and follow technology usage policies and procedures approved by the department that include the following, as applicable:

(a) A description of the allowed access and use by children and youth in care to devices used on-site or off-site connected to the internet including, but not limited to:

(i) Cell phones;

(ii) Computers;

(iii) Tablets; and

(iv) Gaming devices;

(b) Specific types of technology that are prohibited from the program for a health, safety, or well-being reason and what the reason is;

(d) Technology use restrictions for violating the technology use rules; and

(e) A description of the technology training that will be provided to children and youth in care;

(2) Provide a copy of the technology policies and procedures when children and youth are placed, to the:

(a) Children or youth according to their developmental capabilities; and

(b) Child's or youth's representatives;

(3) Develop and document a technology access plan when children's or youth's technology access needs to be restricted for the health, safety, or well-being of themselves or others. This plan must:

(a) Be created in consultation with them; and

(b) Include:

(i) Input from their representatives; and

(ii) Information about:

(A) The type of technology they will have restricted access to;

(B) Where, when, and how they will be restricted;

(D) Actions they can take that would allow them to restore unrestricted access in the future; and

(4) Review and update the technology access plan with the children and youth quarterly or more frequently if they show signs of mental distress or overuse.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3070, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3080 Education and vocational requirements.

(1) School-aged children and youth must attend an accredited school or vocational program while placed in the licensee's care, except for those in interim facilities or the EFC program.

(2) Licensees must support school-aged children and youth in care in earning credits toward graduation by:

(a) Notifying the child's or youth's representative if:

(i) There is no immediate plan for them to attend school at the time of placement in the licensee's care; or

(ii) Children or youth are not attending school within two consecutive school days of admission. Licensees must also:

(A) Make concentrated efforts to begin school attendance; and

(B) Contact the:

(I) Department regional education lead for department or tribal children or youth; or

(II) School district foster care liaison for community children or youth for assistance; and

(iii) Any health, safety, or well-being concerns arise at the child's or youth's school;

(b) Attending meetings about the child or youth at their school, including the best interest determination meeting; and

(3) While children and youth are attending an accredited school or vocational program, licensees must:

(a) Help children or youth be ready for school on time and with all the items they need;

(b) Follow the school's reporting requirements if a child or youth is absent from school;

(c) Notify the child's or youth's representatives if they are absent from school more than three consecutive school days;

(d) Provide them with:

(i) Necessary school supplies, including technology, per WAC 110-145-3070; and

(ii) A place to study suitable for their needs and developmental capabilities;

(e) Assist with transportation planning to and from school and document the transportation plan in their well-being file, except facilities licensed as GRCs must follow the requirements outlined in WAC 110-145-3340; and

(f) Obtain and document the following information, if applicable, in the child's or youth's well-being file as outlined in WAC 110-145-2890:

(i) Report cards;

(ii) School pictures; and

(iii) Individual education program (IEP) and 504 plans.

(4) If educational instruction is given on licensees' premises, they must:

(a) Receive approval from the child's or youth's representatives;

(b) Verify the program is certified by the office of superintendent of public instruction; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3080, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3090 Allowance, chores, and employment.

Licensees must meet the following allowance, chores, and employment requirements for children and youth appropriate to their age and developmental capabilities. They:

(1) Must:

(a) Provide an opportunity for children and youth to receive a money or a money substitute allowance for completing chores unless the child or youth:

(i) Is placed in their care for 15 or fewer calendar days; or

(ii) Receives discretionary funds from DDCS;

(b) Assign chores to children and youth that:

(i) Provide them with developmentally appropriate teaching and opportunities to build proficiency in basic life skills; and

(ii) Are directly related to the essential upkeep of their individual space and shared spaces;

(d) Teach children and youth about money management;

(e) Not withhold allowance as repayment for facility damage or loss;

(f) Support the youth's efforts when they request to seek employment off-site by verifying:

(i) It does not interfere with school attendance or any state or federal programs the youth is enrolled in; and

(ii) The laws regarding minors working are followed;

(g) Develop an employment plan in consultation with youth seeking employment off-site when the conditions in (f) of this subsection are met and document this in their well-being file. The employment plan must include:

(i) Input from:

(A) The youth's representatives; and

(B) Other individuals identified by the youth;

(ii) The youth's employment goals;

(iii) The youth's skills and abilities related to successful employment;

(iv) Any identified areas impeding their ability to safely work off-site; and

(v) Actions they can take that would allow them to safely work off-site in the future;

(h) Review and update the employment plan with them quarterly; and

(i) Assist youth with obtaining transportation to and from work; and

(2) May offer children and youth in care an opportunity to complete an occasional or one-time task at the facility for a reasonable, predetermined compensation of money or a money substitute. The occasional or one-time task must be:

(a) Of benefit to the living community; and

(b) Offered to children and youth:

(i) On a strictly voluntary basis; and

(ii) Equally based on their developmental abilities.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3090, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3100 Personal hygiene.

(1) Licensees must:

(a) Provide or arrange for children and youth in care to have culturally appropriate items needed for grooming and personal hygiene; and

(b) Keep toxic hygiene products inaccessible as outlined in WAC 110-145-2450.

(2) Direct care staff or direct care volunteers must assist children or youth in using grooming and personal hygiene items as needed based on their developmental capabilities.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3100, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3110 Food storage and preparation.

(1) Licensees must comply with the rules and regulations of the state board of health governing food service sanitation for food service facilities, food storage, food handling, and preparation practices.

(2) Personnel who prepare and serve food must have a food worker card as outlined in chapter 246-217 WAC.

(3) Licensees may allow children and youth to prepare food:

(a) For themselves based on their developmental capabilities; or

(b) To be served to others at the facility as long as they:

(i) Agree to participate;

(ii) Are being supervised by personnel who have a food worker card; and

(iii) Either have:

(A) Received information or training on safe food handling practices from personnel who have a food worker card if assisting occasionally; or

(B) A food worker card, if assisting:

(I) On a regular basis;

(II) On an on-going basis for a period of two weeks or longer; or

(III) In exchange for payment.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3110, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3120 Meals, snacks, and menus.

Licensees when providing meals and snacks for children and youth:

(1) Must:

(a) Verify personnel are aware of each child's and youth's dietary restrictions in a manner that maintains the child's and youth's privacy; and

(b) Complete the following, except facilities caring for medically fragile children must follow WAC 110-145-3470:

(i) Serve a variety of foods to children and youth in care that balance their nutritional, cultural, and development needs with foods they enjoy;

(ii) Provide children and youth at least three meals and two snacks in each 24-hour period during the child's and youth's waking hours;

(iii) Establish and post a schedule of mealtimes;

(iv) Routinely provide an opportunity during mealtimes for socialization for children and youth;

(v) Prepare and date daily menus, including snacks, at least one week in advance; and

(vi) Keep menus for at least six months; and

(2) May:

(a) Vary from the requirements in subsection (1)(b)(ii) of this section only with:

(i) Written approval from the child's or youth's licensed health care provider; and

(ii) Notification to the child's or youth's representatives; and

(b) Serve home canned foods, if they have department-approved policies and procedures, prior to serving them and include the following:

(i) Children and youth in care participate in growing and canning the food being served; and

(ii) They follow the guidelines on proper food canning processes and preparation from the United States Department of Agriculture.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3120, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3130 Milk, breast milk, and formula.

Licensees when serving milk or formula must:

(1) Serve infants formula or breast milk unless a licensed health care provider provided written authorization requiring a different liquid for the infant;

(2) Receive approval from the infant's or child's licensed health care provider or representatives before serving them breast milk. If breast milk is provided by anyone other than the infant's or child's biological mother, it must be obtained through a licensed breast milk bank;

(3) Only serve milk or milk products that have been pasteurized, unless they are serving breast milk as outlined in subsections (1) and (2) of this section;

(4) Serve children age 12 to 24 months old whole milk unless they have written authorization from a licensed health care provider or the child's parent or guardian allowing the child not to be served whole milk;

(5) Provide a milk alternative as needed for children and youth who are lactose-intolerant or when required by any plans made, per WAC 110-145-3060;

(6) Prohibit the use of a microwave oven to warm formula or breast milk to prevent burns; and

(7) When bottles are used to feed infants or children:

(a) The bottles must be:

(i) Sanitized;

(ii) Used according to product standards and commonly acceptable practices;

(iii) Refrigerated if the filled bottle is not used immediately;

(iv) Emptied if not used within 24 hours; and

(v) Labeled with the child's name and the date the bottle was prepared if more than one infant or child is bottle-fed;

(b) Infants:

(i) Birth through five months old must be held for all bottle feedings; or

(ii) Who are six months old or older and developmentally able may hold their own bottles as long as an adult remains in the room and within sight;

(d) Take bottles from the infant or child when:

(i) They finish feeding;

(ii) The bottle is empty; or

(iii) They fall asleep.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3130, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3140 Infant and toddler care.

When caring for infants and toddlers, licensees:

(1) Must:

(a) Hold infants at times other than feeding for the purposes of comfort and attention;

(b) Allow infants and toddlers plenty of free time outside of a swing, crib, or playpen; and

(2) May vary from this requirement only with written approval from a licensed health care provider.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3140, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3150 Diapers, incontinence supplies, and toileting equipment.

(1) Licensees:

(a) Must:

(i) Separate areas where diapers or incontinence supplies are changed from food preparation and dining areas;

(ii) Have diaper changing areas that are adjacent to a handwashing sink;

(iii) Regularly monitor a child's or youth's diaper or training pants during waking hours based on the child's or youth's developmental capabilities and replace when wet or soiled by following DOH diaper-changing guidelines;

(iv) Provide appropriate, specialized toileting equipment for children and youth in care when needed based on their developmental capabilities;

(v) Regularly maintain specialized toileting equipment by:

(A) Keeping it in sanitary condition; and

(B) Placing it on a washable, water-resistant surface when in use;

(vi) Disinfect diaper-changing areas and specialized toileting equipment between each use by following DOH cleaning and disinfecting guidelines; and

(vii) Develop a plan for youth using incontinence supplies that includes monitoring and replacing them based on their developmental capabilities; and

(b) May use disposable diapers or reusable diapers. If reusable diapers are used, they must:

(i) Not be rinsed;

(ii) Be placed in a sealed moisture barrier bag;

(iii) Be stored in a separate disposal container; and

(iv) Either be:

(A) Delivered to a commercial laundry service; or

(B) Returned to the child's parents or guardians.

(2) Licensees must follow DOH handwashing guidelines for diaper changing, except for those caring for medically fragile children and youth which must follow WAC 110-145-3480.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3150, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3160 Transportation.

Licensees providing transportation must:

(1) Provide transportation that is safe, reliable, and in compliance with law and contract requirements;

(2) Verify:

(a) Drivers of the vehicles:

(i) Have a valid driver's license; and

(ii) Are covered under an automobile liability insurance policy;

(b) The vehicles:

(i) Are in safe operating condition;

(ii) Have appropriate safety devices for all passengers as required by law, including seat belts, car seats, and booster seats. All individuals in the vehicle must use the restraint system when the vehicle is in motion; and

(iii) Contain first-aid supplies; and

(i) There are more than five children age birth through five years old in the vehicle;

(ii) Staffing requirements or the contract require a second staff; or

(iii) The child's or youth's specific needs require a second adult; and

(3) Comply with chapter 392-143 WAC if using a bus to transport children and youth in care.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3160, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3170 Travel.

Licensees must:

(1) Get written approval from the child's or youth's representatives prior to any travel over 72 hours or any out-of-country travel; and

(2) Consult with tribes prior to traveling with tribal children as outlined in WAC 110-145-3060.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3170, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3180 EFC program.

(1) Licensees may serve youth enrolled in the EFC program, per chapter 110-90 WAC. Licensees who serve these youth:

(a) Must assist them in meeting their educational and vocational goals after secondary school by providing guidance and connecting them with resources as appropriate;

(b) May allow youth in the EFC program to share a bedroom with children or youth under 18 years old only when the younger child or youth is a relative of the EFC youth.

(2) Licensees must notify law enforcement immediately, but no later than 24 hours after, when a youth in the EFC program is missing and they are considered vulnerable due to their:

(a) Pregnancy status;

(b) Prescription medications;

(d) Vulnerability to being sex trafficked; or

(e) Other health or risk factors.

(3) The department may grant an exception to subsection (1)(b) of this section with approval by an LD administrator if:

(a) It is in the best interest of the children or youth in care; and

(b) Supported by the:

(i) LD licensor; and

(ii) Younger child's or youth's representative.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3180, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3190 Behavior management.

Licensees must develop and follow policies and procedures that are approved by the department that describe their behavior management methods and meet the following requirements:

(1) Comply with department-approved behavior management trainings;

(2) Use behavior management methods appropriate to the child's or youth's developmental capabilities;

(3) Use positive methods of guidance and behavior management that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation;

(4) Not use any of the following as behavior management methods:

(a) Corporal punishment;

(b) Verbal abuse, neglect, humiliation, intimidation, or fear;

(d) Chores or physical labor;

(e) Withholding approved contact with a child's or youth's family, fictive kin, or tribal community, unless it is approved by their representative;

(f) Time out or de-escalation rooms that do not allow children or youth to exit, which are prohibited in all facilities;

(g) Administering medication other than as prescribed or recommended by the manufacturer;

(h) Any behavior management methods that interfere with a child's or youth's:

(i) Basic needs; or

(ii) Need for necessary services including contact with their:

(A) Representative;

(B) Attorney; or

(i) Any methods that are prohibited by WAC 110-145-3050;

(5) Maintain responsibility for the behavior management of children and youth in care and must not delegate that responsibility to a child or youth; and

(6) Immediately provide updated policies and procedures to the LD licensor for approval if behavior management methods change.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3190, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3200 Physical restraint.

(1) Licensees must:

(a) Not use:

(i) Physical restraints:

(A) To redirect or de-escalate a situation, unless the child's or youth's behaviors pose an immediate risk to the physical safety of themselves or another individual or serious property damage. If restraint is necessary, it must be reasonable and used to:

(I) Prevent children or youth from harming themselves or others; or

(II) Protect property from serious damage;

(B) As a form of punishment or discipline; or

(C) If the use of the restraint restricts breathing, inflicts pain as a strategy for behavior control, or is likely to cause injury that is more than temporary. This includes, but is not limited to:

(I) Restriction of body movement by placing pressure on joints, chest, heart, or vital organs;

(II) Sleeper holds;

(III) Arm twisting;

(IV) Hair holds;

(V) Choking or putting arms around the throat; or

(VI) Chemical restraints, such as pepper spray; or

(ii) Mechanical restraints unless ordered by the child's or youth's licensed health care provider and approved by LD;

(b) Obtain prior written approval before using physical or mechanical restraints on a regular basis from the:

(i) Child's or youth's representatives; and

(ii) LD licensor; and

(c) Develop and follow policies and procedures that are approved by the department, when behavior management practices include use of physical restraint, including:

(i) Who may authorize the use of physical restraint; and

(ii) The circumstances when physical restraint may be used, including:

(A) Time limitations; and

(B) Supervisory monitoring; and

(iii) How personnel will document incidents involving the use of physical restraint in an incident log.

(2) The program director must complete the following after incidents that involve the use of physical restraint:

(a) Review the incident report with the personnel who used physical restraint to verify the decision to use physical restraint and its application were appropriate; and

(b) Report the incident to department intake if it meets the criteria in WAC 110-145-2780.

(3) Personnel must be trained using a behavior management training approved by LD prior to using physical restraint.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3200, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3210 Staffing qualifications and ratios in CRCs.

Facilities licensed as CRCs must meet the following staffing requirements:

(1) In addition to the requirements in WAC 110-145-2690 and 110-145-2830, direct care staff and direct care volunteers must meet at least one of the following criteria:

(a) To work in a secure CRC, have:

(i) One hundred twenty hours of experience working with a fully trained detention staff member;

(ii) Six months of full-time experience working with youth in a group setting;

(iii) One year of experience as a foster parent with placement of one or more children or youth in their 24-hour care; or

(iv) One year of credit hours from an accredited college or university related to caring for the demographic of children and youth in the licensee's care; and

(b) To work in a semi-secure CRC, have:

(i) Six months of full-time experience working with youth in a group setting;

(ii) One year of experience as a foster parent with placement of one or more children or youth in their 24-hour care; or

(iii) One year of credit hours from an accredited college or university related to caring for the demographic of children and youth in the licensee's care;

(2) Have on duty the highest number of personnel required by the applicable requirements that follow:

(a) At least one direct care staff must be on duty at all times;

(b) At least two direct care personnel must be on duty if at least one youth is present in the facility;

(d) Secure CRCs must at least meet the staffing ratio of one direct care personnel on duty for every:

(i) Three youth in care at secure CRCs not colocated with a detention center; or

(ii) Four youth in care at secure CRCs that are colocated with a detention center.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3210, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3220 CRC age and length-of-stay requirements.

Facilities licensed as:

(1) CRCs must follow the maximum length-of-stay requirements outlined in RCW 43.185C.290;

(2) Secure CRCs may be licensed to provide care to youth ages 12 through 17 years old who meet one of the following criteria:

(a) Youth ordered by the court to be placed for contempt on at-risk youth orders. These youth may be ordered into a secure CRC that is colocated with a detention facility; or

(b) Youth placed by law enforcement officers and who are runaways, in dangerous situations, or in violation of curfew; and

(3) Semi-secure CRCs may be licensed to provide care to youth ages 12 years through 17 years old who meet one of the following criteria:

(a) Youth are beyond the control of their parents or guardians and behave in a way that endangers an individual's welfare;

(b) Need assistance getting any of the following:

(i) Food;

(ii) Shelter;

(iii) Health care;

(iv) Clothing;

(v) Educational services; or

(vi) Resolving family conflicts;

(d) Have parents or guardians who are not able or willing to continue efforts to keep the family together.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3220, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3230 CRC admission requirements.

Facilities must do the following after a youth has been admitted when licensed as:

(1) Secure CRCs:

(a) Evaluate the youth's likelihood to remain in the facility within the first 24 hours after admission and each 24 hours thereafter using the criteria outlined in RCW 43.185C.290;

(b) Document the information gathered in (a) of this subsection in the youth's well-being file; and

(i) Notify the youth's school district about the youth's placement; and

(ii) Assess the youth for any educational needs as outlined in WAC 110-145-3070;

(2) Semi-secure CRCs make reasonable efforts to transfer the youth to a secure facility if they determine that the youth is unlikely to remain in the facility, per RCW 43.185C.290.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3230, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3240 CRCs transferring youth.

(1) Licensees must develop and follow transfer policies and procedures when transferring youth from one CRC to another.

(2) Licensees must complete the following after deciding that a youth needs to be transferred from one type of CRC to another:

(a) Obtain approval from the department prior to the transfer;

(b) Communicate with the CRC receiving the transfer to:

(i) Verify they have space available for the youth; and

(ii) Receive mutual agreement with the transfer decision; and

(3) Licensees may transfer a youth to a semi-secure CRC if space is not available in the secure CRC, as long as the conditions in RCW 43.185C.290 are met.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3240, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3250 CRC documentation requirements.

Facilities licensed as CRCs must:

(1) Document the time the youth was admitted to the facility into their well-being file;

(2) Send a written summary addressing the following information to the youth's department caseworker, if applicable, within seven calendar days of the youth being discharged:

(a) Community-based referrals made;

(b) Assessment information on the family and youth;

(d) Contracts between families and professionals providing services to youth;

(e) Medical and health related issues; and

(f) Any other concerns, such as legal or educational issues; and

(3) Keep hourly logs of where each youth is physically located in the shift log outlined in WAC 110-145-3010.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3250, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3260 CRC intervention services.

Facilities licensed as CRCs must:

(1) Provide or arrange, at a minimum, the following support and services to reduce high-risk behaviors and increase children's and youth's stability:

(a) An assessment of the family to develop a treatment plan for the youth;

(b) Family counseling focused on:

(i) Communication;

(ii) Skills development; and

(iii) Problem solving;

(d) School participation plans;

(e) Safety and transition plans to address the youth's high-risk behaviors; and

(f) Referrals to transition the family to community-based support services; and

(2) Document intervention services provided to youth in their well-being file.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3260, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3270 CRC multidisciplinary teams.

Licensees must:

(1) Follow the requirements outlined in chapter 43.185C RCW regarding multidisciplinary teams after youth are admitted to CRCs; and

(2) Maintain records relating to multidisciplinary teams for at least six years.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3270, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3280 Building and premises requirements for secure CRCs.

Facilities licensed as secure CRCs:

(1) Must, in addition to the requirements in WAC 110-145-2430:

(a) Limit exiting from the premises by one of the following methods:

(i) Windows and doors that allow exit but have a nonscalable perimeter fence around the premises. This fence must be designed to not cause injury, avoiding use of electrification, razor wire, or concertina wire; or

(ii) Egress-control devices that meet or exceed current state building codes;

(b) Not isolate youth from the general population or staff in a locked room; and

(c) Maintain recreational areas within the secure facility or on the premises that can support the youth's daily activities;

(2) May be a:

(a) Free-standing facility;

(b) Separate unit; or

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3280, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3290 Secure CRCs colocated with juvenile detention centers.

Licensees operating both a juvenile detention center and a separate secure CRC at the same location must have buildings that prevent:

(1) Direct communication or physical contact between residents of the secure CRC and individuals held in the detention facility; and

(2) Personnel assigned to the secure CRC from being simultaneously assigned to the juvenile detention center residents on the same shift.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3290, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3300 ERC admission requirements.

Facilities licensed as ERCs must obtain the following information before accepting children or youth into their care:

(1) Permission from the children's or youth's parents or guardians authorizing placement and emergency medical care or surgery on behalf of the child or youth;

(2) Basic family information, including address, phone numbers, and emergency contacts; and

(3) Basic medical information, including current medication, known allergies, and at-risk behaviors of the child or youth.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3300, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3310 ERC services.

Facilities licensed as ERCs must follow the requirements for services outlined in RCW 74.15.020.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3310, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3320 GRC staffing.

GRCs:

(1) Must have at least one staff member that meets direct care qualifications on duty and available ready to accept placements 24 hours a day, seven days a week; and

(2) May choose to not be operating if there are no children or youth in care as long as a staff member is on-call as required in subsection (1) of this section.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3320, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3330 GRC ages served.

Facilities licensed as GRCs may be licensed:

(1) To provide care for children or youth in one of the following age groups:

(a) Two through five years old;

(b) Six through 12 years old; or

(2) For more than one age group, including children under two years old, with a supervision plan that has been approved by LD.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3330, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3340 GRC services.

Facilities licensed as GRCs:

(1) Must:

(a) Provide direct receiving care;

(b) Assess children's or youth's physical, mental, social, and emotional conditions; and

(2) May:

(a) Provide family support services, including family visit supervision; and

(b) If licensed for multiple age groups, per WAC 110-145-3330, allow children of different age groups to participate in common activities together.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3340, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3350 Ages served in OYSs.

Facilities licensed as OYSs:

(1) May be licensed to provide care for youth in one of the following age groups:

(a) Thirteen through 17 years old; or

(b) Sixteen through 20 years old; and

(2) Must notify law enforcement or department intake of any child 12 years of age or younger who is unaccompanied by an adult and is requesting services but is unable to be served by the OYS.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3350, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3360 Requirements when admitting youth to an OYS.

Facilities licensed as OYSs must:

(1) Only accept placements from youth if they self-refer;

(2) Not accept placement from licensed kinship caregivers or foster parents;

(3) In addition to the requirements in WAC 110-145-2850, assess each youth's:

(a) Physical and medical needs, including medication;

(b) School status;

(d) Housing options for the near future;

(4) Offer an additional assessment that includes:

(a) Emergency phone contacts;

(b) Areas of possible problems, such as medical problems, family situation, and suicide evaluation;

(d) Drug and alcohol involvement; and

(5) Determine at the time of admission whether the parents or guardians are aware of the whereabouts of the youth and follow the requirements of WAC 110-145-2800, if applicable.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3360, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3370 OYS hours of operation.

Facilities licensed as OYSs:

(1) Must operate during overnight hours; and

(2) May choose to be open to offer services outside the scope of an OYS during daytime hours.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3370, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3380 OYS services.

Facilities licensed as OYSs must provide or refer youth to programs that offer the following services based on the youth's assessment outlined in WAC 110-145-3360:

(1) Individual crisis intervention;

(2) Assistance in accessing emergency resources, including CPS and emergency medical services;

(3) Resource information;

(4) Educational or vocational services;

(5) Housing information;

(6) Medical care or services;

(7) Substance abuse services;

(8) Mental health services;

(9) Information regarding other treatment agencies;

(10) Food programs;

(11) Disability services; and

(12) Other services available from the department.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3380, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3390 Sleeping areas and equipment in OYSs.

Facilities licensed as OYSs:

(1) Must accept the use of sleeping equipment that is personally provided by the youth, unless it is a health or safety risk;

(2) May use common sleeping areas for children and youth in care instead of bedrooms, as long as they:

(a) Provide barriers to each youth for privacy or separation from other youth during sleeping hours;

(b) Evaluate youth's requests to move to a different sleeping location and accommodate if safety, space, and supervision allows; and

(i) Personnel supervise open space; or

(ii) Physical barriers to prevent contact.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3390, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3400 Storage of ammunition and other weapons in OYSs.

Facilities licensed as OYSs must:

(1) Store ammunition and other weapons brought onto the premises in a locked container that is inaccessible to children and youth in care until they either:

(a) Return the ammunition or other weapons to the child or youth when discharged when allowed by law;

(b) Turn the ammunition or other weapons over to the child's or youth's representative at the time of discharge; or

(2) Restrict access to ammunition and other weapons on the premises to allow only authorized personnel to access these items in storage; and

(3) Include in their policy and procedures for firearms and other weapons:

(a) Safe storage of ammunition and other weapons; and

(b) Safe disposal of ammunition and other weapons.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3400, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3410 OYS citizen's board.

OYSs must meet these citizen's board requirements:

(1) Have a citizen's board that complies with laws and rules for nonprofit boards of directors. If the OYS is part of a larger agency that has a citizen's board, that board will suffice; and

(2) Keep the following on file:

(a) A list of all members of the current citizen's board; and

(b) A copy of the articles of incorporation filed with the secretary of state verifying nonprofit status.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3410, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3420 RAC hours of operation and staffing requirements.

Facilities licensed as RACs:

(1) Must:

(a) Be staffed primarily with trained volunteers, per RCW 74.15.311;

(b) Have the licensee or a designee available by phone at all times when they are receiving new placements; and

(2) May limit days and times of operations as outlined in RCW 74.15.311.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3420, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3430 RAC services.

Facilities licensed as RACs:

(1) Must follow the requirements outlined in RCW 74.15.311; and

(2) May provide the following:

(a) Referrals and provision of health care assessments or screenings;

(b) Community service referrals, as needed; and

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3430, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3440 SRH capacity.

Facilities licensed as SRHs:

(1) Must not, at any time, exceed a capacity of six children and youth in care, which includes:

(a) Those placed by the department;

(b) Children of the youth in care;

(d) Any individuals enrolled in the EFC program; and

(2) May be restricted by the department on the number of children and youth in an SRH according to the age and needs of the children and youth, including the following:

(a) Only two children under two years of age in care at a time, unless the licensee offers pregnant and parenting services;

(b) A maximum of three pregnant and parenting youth in care at a time; or

(c) Up to three children and youth with mental or physical disabilities that are severe enough to require nursing care if the licensee meets the following conditions:

(i) The personnel are qualified by training and experience to provide proper care, including necessary medical procedures; and

(ii) The treatment is under the supervision of licensed health care providers.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3440, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3450 Staffing requirements to serve medically fragile children and youth.

Facilities caring for medically fragile children and youth must:

(1) In addition to the requirements in WAC 110-145-2670, require their program manager to be an RN licensed by Washington state who has at least one year of full-time experience that can be applied to or transferable to the demographic of children and youth in the licensee's care. Lived experience may count toward meeting six months of the experience requirement;

(2) Have an RN licensed by Washington state on-site or on call if the program manager is absent from the facility; and

(3) Require direct care staff to have an active:

(i) NAR credential;

(ii) CNA certification;

(iii) RN license; or

(iv) LPN license.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3450, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3460 Care and services for medically fragile children and youth.

(1) Licensees providing care and services for medically fragile children and youth must:

(a) Use licensed health care providers to provide care that meets the child's or youth's unique needs;

(b) Have sufficient nursing personnel to meet the nursing care needs of the children and youth in care, including at least one RN as required by WAC 110-145-3450;

(c) Offer to develop individualized treatment plans using information from the children's or youth's licensed health care providers that addresses their unique needs and includes:

(i) The care and services to be provided, with details on the child's or youth's preferences and choices; and

(ii) How the services will be delivered to accommodate those preferences and choices; and

(d) Have an infection control program supervised by an RN or a certified infection preventionist.

(2) RNs caring for medically fragile children or youth must:

(a) Complete and document an initial assessment of each child and youth admitted to the facility;

(b) Update assessments as needed; and

(i) Maintaining health records;

(ii) Meeting children's and youth's daily health needs; and

(iii) Caring for their minor illnesses and injuries.

(3) Licensees may provide specialized care to medically fragile children and youth in care who need intensive personal care including:

(a) Skilled health care;

(b) Physical therapy; or

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3460, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3470 Dietary needs of medically fragile children and youth.

Licensees caring for medically fragile children and youth must meet their dietary needs by:

(1) Following the dietary plan for each child and youth as prescribed by their licensed health care provider;

(2) Using the services of a dietician who meets current registration requirements of the American Dietetic Association if offering modified diets;

(3) Documenting in the child's or youth's well-being file that personnel and volunteers are following the licensed health care provider's order; and

(4) Incorporating foods for cultural preference with approval from the child's or youth's licensed health care provider.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3470, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3480 Diaper use for medically fragile children.

Licensees caring for medically fragile children that use diapers:

(1) Must follow DOH hand hygiene guidelines for diaper changing; and

(2) May launder reusable diapers either:

(a) As outlined in WAC 110-145-3150; or

(b) Using in-house laundry services following CDC environment infection control guidelines related to laundry.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3480, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3490 Medical records for medically fragile children and youth.

Licensees providing care for medically fragile children and youth must meet the following documentation requirements in addition to the requirements in WAC 110-145-2900:

(1) Obtain documentation when children or youth have been in care for more than 30 calendar days of:

(a) A physical examination and diagnosis by a licensed health care provider;

(b) Information about the child's or youth's daily care, if applicable including, but not limited to:

(i) Treatment plans;

(ii) Medications;

(iii) Observations;

(iv) Medical examinations;

(v) Physicians' orders;

(vi) Proper treatment for allergic reactions;

(vii) Consent authorizations;

(viii) Releases;

(ix) Diagnostic reports; and

(x) Revised assessments;

(i) Diagnoses, treatments, and prognosis by the individual responsible for providing care; and

(ii) Any instructions and referrals for continuity of care; and

(d) Evidence of meeting criteria for eligibility for services from DDCS, if applicable.

(2) If a medication order is given over the phone from a licensed health care provider, licensees must:

(a) Have an RN or LPN receive the order; and

(b) Obtain a signed copy of the order from a licensed health care provider within 72 hours of the order.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3490, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3500 Pregnant and parenting services.

(1) Licensees providing pregnant and parenting services must:

(a) Develop a daily activities program for the youth and their infants;

(b) Provide or arrange for services including, but not limited to:

(i) Information and referral services, including referrals for prenatal and postnatal care;

(ii) Safe and stable housing;

(iii) An evaluation of the family's needs;

(iv) Care coordination services based on the needs of the youth and their infant; and

(v) Individual or group education about the following topics:

(A) Pregnancy counseling;

(B) Independent living skills;

(D) Infant safety, education, and intervention;

(E) Living arrangements;

(F) Medical care planning;

(G) Legal issues;

(H) Vocational and educational guidance;

(I) Plans for the child;

(J) Financial, emotional, or psychological problems;

(K) Impacts of drug usage and plans of safe care, as applicable;

(L) Relations with the child's other parent;

(M) Home management and consumer education;

(N) Birthing options, including delivery in a licensed hospital or birthing facility;

(O) Postpartum medical and mental health examinations, as prescribed by a licensed health care provider, to the new parent;

(P) Child care, as needed; and

(Q) Care coordination services;

(d) Not provide services contingent upon a parent's decision to keep or relinquish their child.

(2) If licensees are not providing the services in their facility, they must:

(a) Have formal agreements with community agencies providing the service; and

(b) Encourage and support the pregnant and parenting youth to get the services.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3500, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3510 Pregnant and parenting health education.

Licensees that provide pregnant and parenting services must offer or arrange for health education including, but not limited to, the following topics:

(1) Hygiene;

(2) Preparation for childbirth;

(3) Physiological changes during pregnancy;

(4) Medical after care for the birthing parent and child;

(5) Examinations and childbirth procedures;

(6) Prenatal, postnatal, and pediatric care;

(7) Postpartum care;

(8) Contraception and fertility awareness;

(9) Nutritional recommendations and requirements for the birthing parent and child;

(10) Child health and development; and

(11) Psychological and emotional changes during and after pregnancy.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3510, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3520 Determining capacity when providing pregnant and parenting services.

In addition to the requirements in WAC 110-145-2390, the department determines capacity for facilities providing pregnant and parenting services by counting the number of parents and children and considering the space required for their bedroom as follows:

(1) Bedrooms must have at least 80 square feet of usable floor space when parenting youth and their infants sleep in the same room;

(2) Only one parenting youth and their infants may occupy a bedroom; and

(3) The department may grant an exception to this section with approval by an LD administrator if:

(a) It is in the best interest of the children or youth in care; and

(b) Supported by the:

(i) LD licensor; and

(ii) Child's or youth's representative.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3520, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3530 Building and premises general requirements when providing pregnant and parenting services.

Facilities providing pregnant and parenting services must, in addition to the requirements in WAC 110-145-2430, have:

(1) A separate, adequately-equipped examination room with adequate nursing equipment if they  offer medical clinics at their facility; and

(2) At least one toilet and handwashing sink on the same floor as all sleeping areas.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3530, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3540 Compliance agreements and exceptions.

(1) The department may:

(a) Take one or both of the following actions for the health, safety, and well-being of the children and youth in care:

(i) Limit or restrict a license; or

(ii) Require licensees to enter into a compliance agreement; and

(b) Make exceptions to license an applicant or continue to license a licensee if they do not meet the minimum licensing requirements but can demonstrate that they can provide for the health, safety, and well-being of the children and youth in care.

(2) Licensees:

(a) Must keep a copy of any approved exceptions to the licensing requirements on the premises.

(b) Do not have appeal rights if the department denies a request for an exception to the licensing requirements.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3540, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3550 Probationary licenses.

(1) The department:

(a) May issue a probationary license to correct a deficiency as outlined in RCW 74.15.125; and

(b) Will consider the following when deciding whether to issue a probationary license:

(i) Intentional or negligent violation of licensing requirements;

(ii) History of violation of licensing requirements;

(iii) Current violations of licensing requirements;

(iv) Whether licensees are making a good faith effort to comply; and

(v) Other factors relevant to the specific situation.

(2) Licensees do not have appeal rights if the department decides to not issue a probationary license.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3550, filed 11/18/25, effective 5/1/26.

Wash. Admin. Code § 110-145-3560 Enforcement actions, notices, and appeals.

The department:

(1) May take action against a licensee's license:

(a) Including:

(i) Modification;

(ii) Denial;

(iii) Suspension; or

(iv) Revocation; and

(b) When licensees:

(i) Do not meet the minimum licensing requirements in this chapter;

(ii) Have not met the background check requirements;

(iii) Have been determined by the department to have abused or neglected a child or youth;

(iv) Have committed, permitted, or assisted in an illegal act on the premises of a facility providing care to children or youth;

(v) Are unable to manage the premises and financial responsibilities;

(vi) Tried to get a license by deceitful means, including making false statements or omitting critical information on the application;

(vii) Knowingly allowed personnel who made false statements or omitted critical information on their applications to work at the agency;

(viii) Cannot provide for the health, safety, and well-being of the children or youth in care; or

(ix) Have children or youth in facilities for whom they are not licensed for, without approval by the licensor. This includes having children or youth outside of the licensee's allowed:

(A) Capacity;

(B) Age; or

(2) Will send a certified letter to licensees informing them of:

(a) The decision to take action against the license; and

(b) Their appeal rights as outlined in chapter 110-03 WAC;

(3) Has jurisdiction over:

(a) All licenses issued by the department;

(b) All applicants for licenses; and

(4) Retains jurisdiction even if:

(a) An applicant requests to withdraw the application; or

(b) A licensee surrenders or fails to renew their license.

History

Statutory Authority: RCW 74.15.030. WSR 25-23-103, s 110-145-3560, filed 11/18/25, effective 5/1/26.

Chapter 110-146 Licensing requirements for residential private schools.

Wash. Admin. Code § 110-146-0010 Legal basis for the department licensing residential private schools' (RPS) living accommodations.

The legal basis for the department licensing RPSs' living accommodations is RCW 74.15.325.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0010, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0020 Purpose.

(1) The licensing division (LD) is responsible for:

(a) Licensing and monitoring of the care provided to residential students at RPSs with living accommodations; and

(b) Verifying RPSs meet the minimum licensing requirements in this chapter.

(2) This chapter contains licensing requirements for the living accommodations of RPSs. These licensing regulations are designed to verify children in RPSs are safe, healthy, and protected from all forms of child abuse and neglect, as outlined in:

(a) RCW 26.44.020; and

(b) Chapter 110-30 WAC.

(3) This chapter reflects the department's commitment to:

(a) Recognize the traumatic history of RPS and boarding schools that were used to follow a policy of forced assimilation on tribal individuals for over a century and half;

(b) Empathetically understand the intergenerational impact these institutions had on tribal communities across the nation that resulted in the loss of traditional language, culture, and beliefs today; and

(c) Acknowledge the hard truths of our past and present not only honors the deep wounds tribal individuals and communities carry as a direct result of being targeted and dispossessed but is necessary for healing and progress to occur.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0020, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0030 Definitions.

The following definitions apply to this chapter:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Administer medication" means the direct application of a drug to the body or an individual by injection, inhalation, ingestion, or any other means.

"Adults" means individuals 18 years old or older not in the care of the department.

"Agency" means the same as defined in RCW 74.15.020.

"Americans with Disabilities Act (ADA)" means the federal Americans with Disabilities Act of 1990.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Cardiopulmonary resuscitation (CPR)" means an emergency lifesaving procedure performed when an individual's breathing or heartbeat has stopped.

"Department" means the Washington state department of children, youth, and families.

"Department of health (DOH)" means the Washington state department of health.

"Developmental disability" means the same as defined in RCW 71A.10.020.

"Firearms" means a weapon or any device designed to cause bodily harm or physical damage from which projectiles may be fired by an explosive such as gunpowder. These include, but are not limited to, handguns, rifles, and shotguns.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Guardians" means the same as legal guardian defined in RCW 26.33.020.

"Health Insurance Portability and Accountability Act (HIPAA)" means the federal Health Insurance Portability and Accountability Act of 1996.

"Homicidal behaviors" means actions, threats, or patterns of conduct that reasonably indicate an imminent intent or attempt to commit homicide as defined in RCW 9A.32.010.

"Inappropriate sexual behavior" means sexual behavior that:

(a) Is not considered within the normal range of behaviors based on age and developmental level of the children involved;

(b) Takes place between children of widely different ages;

(d) Causes harm or potential harm to the children.

"Instructional hours" means the same as defined in RCW 28A.150.205.

"Involuntary seclusion" means temporarily removing students from residential living areas to unlocked areas for the purposes of carrying out appropriate positive behavior intervention plans.

"Lesbian" means females or women who have an emotional or physical attraction for other females or women.

"License" means a permit issued by the department when the licensee meets the licensing requirements established in this chapter.

"Licensees" means individuals or entities named on a license issued by the department that authorizes them to provide care to residential students at a RPS. Licensing requirements issued in this chapter apply to licensees and their employees, volunteers, interns, and work study students.

"Licensing division (LD)" means the division within the department that supports child safety and well-being through licensing, monitoring, compliance, investigations, and technical assistance to individuals and agencies that provide direct care for children and youth outside the care of their parents or guardians.

"Licensing provider portal" means the internet connected provider application system used by the department and agencies to securely store digital employment and licensing documents and data.

"Living accommodations" means areas on the school premises that residential students access for noninstructional purposes, including areas where they eat, sleep, bathe, recreate, or otherwise reside.

"Over-the-counter medications" means drugs that can be obtained without a prescription and are not restricted to use by a licensed health care provider. For the purposes of this chapter this includes, but is not limited to, herbal supplements, vitamins, eye drops, ointments, and pain relievers.

"Parents" means the same as defined in RCW 26.26A.010.

"Pending status" means that the department has received and is processing a renewal application submitted by the facility and the licensee and they are considered licensed in good standing during this process even if their most current license shows as expired.

"Personnel" means every paid and nonpaid individual working directly for the residential private school's living accommodations, including interns and volunteers.

"Queer" means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Residential private schools (RPS)" means a nonpublic K-12 school that is subject to approval by the state board of education that provides living accommodations to enrolled residential students, while primarily focusing on education.

"Serious illness or injury" means physical or mental conditions that involve either inpatient hospitalization or continuing treatment by a health care provider and that are unexpected and not part of routine medical care.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"State board of health" means the same as "state board" as defined in RCW 43.20.025.

"Washington My Health My Data Act" means the same as defined in chapter 19.373 RCW.

"Washington state patrol fire protection bureau (WSP/FPB)" means the Washington state fire marshal.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0030, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0040 Nondiscrimination.

(1) RPSs with living accommodations and places of public accommodation must:

(a) Comply with chapter 49.60 RCW and federal laws regarding the Americans with Disabilities Act (ADA);

(b) Support and engage students in the RPSs care with dignity and respect regardless of their actual or perceived race, ethnicity, disability, religion, culture, or SOGIE; and

(i) Outline their living accommodations;

(ii) Connect students with resources; and

(iii) Support the student's needs regarding disability status, religion, actual or perceived race, ethnicity, culture, sex, sexual orientation, or gender identity.

(2) RPSs that are not places of public accommodation, including education facilities operated or maintained by a bona fide religious or sectarian institution, are exempt from subsection (1)(b) and (c) of this section and must provide proof of this status to be excluded, per RCW 49.60.040.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0040, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0050 License requirements for RPSs with living accommodations.

(1) RPSs must have a license for their living accommodations to provide care on a 24-hour basis to residential students, except as outlined in RCW 74.15.325.

(2) The department:

(a) Will license the living accommodations provided by the RPSs as outlined in RCW 74.15.325 when applicants, their personnel, and their living accommodations meet the licensing regulations contained in this chapter; and

(b) May allow exceptions to the licensing requirement for RPSs when:

(i) They are accredited through a body approved by the state board of education (SBE); and

(ii) The accreditation covers the living accommodations.

(3) Licenses are valid for:

(a) Three-year periods;

(b) The individual or entity named on the license; and

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0050, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0060 RPS licensing process.

(1) The department will:

(a) Send RPSs written notice explaining why a license is required and the consequences for not establishing a license, per RCW 43.216.325;

(b) Verify the application materials have been received by the deadline in subsection (2)(a) of this section;

(d) Send a copy of the approved license to the licensee.

(2) RPSs must complete the following when required to be licensed as an RPS:

(a) Submit their application and all required documents within 90 calendar days of receiving written notice from the department requiring them to be licensed;

(b) Complete the licensure process within 120 calendar days of the day the department receives all application materials, unless the department has issued an administrative review; and

(c) Notify the department at least 30 calendar days before any change to their location, including changes to their address or telephone number.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0060, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0070 License monitoring and renewal requirements.

(1) RPSs must complete a monitoring review with the department midway through each three-year licensing cycle.

(2) The department will:

(a) Send renewal notices and materials to licensees prior to their license expiration date; and

(b) Put the current RPS licenses in pending status once a renewal application has been received.

(3) Licensees must:

(a) Contact the LD licensor if they do not receive the renewal notice prior to the expiration date; and

(b) Complete the renewal application and all required background authorization forms:

(i) No earlier than 90 calendar days before the license expires; and

(ii) No later than the date of expiration of the current license.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0070, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0080 Department access to RPSs, personnel, and residential students.

(1) RPSs must allow the department:

(a) Access to the living accommodations; and

(b) The ability to meet privately with personnel working with residential students.

(2) The department will obtain consent from parents or guardians to interview residential students for licensing purposes.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0080, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0090 Personnel coverage requirements.

RPSs must complete the following to meet personnel coverage requirements:

(1) Maintain appropriate personnel coverage;

(2) Develop and follow department-approved policies and procedures that include personnel coverage requirements for the supervision and protection of the residential students;

(3) Verify:

(a) Supervision is adequate for the:

(i) Time of day or night;

(ii) Age and developmental needs of the residential students;

(iii) Location; and

(iv) Living accommodations design; and

(b) The personnel have the availability to respond immediately. This includes when there is only one employee on duty, RPSs must have additional personnel who can be available immediately, but no later than 30 minutes, in the event of an emergency;

(4) Maintain records that document adequate supervision and coverage during noninstructional hours. Records must include:

(a) Staff names;

(b) Dates; and

(5) Verify RPS personnel and others in the living accommodations who will have regular, unsupervised access to students during noninstructional hours have met the following requirements before access is allowed. These requirements apply when access allows unsupervised communication or physical contact with residential students:

(a) A cleared background check provided by the department;

(b) First-aid and CPR certification and bloodborne pathogens training if caring for residential students; and

(i) Ages and developmental levels; and

(ii) Physical and emotional safety and cultural needs.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0090, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0100 Personnel records.

RPSs must complete the following for personnel records:

(1) Allow the department access to all personnel records for personnel working in the living accommodations and, if applicable, other individuals residing in the living accommodations, to verify the safety and welfare of residential students; and

(2) Maintain the following:

(a) A file for each:

(i) Personnel working in the living accommodation areas providing care to residential students that includes the following records:

(A) Application or resume, including work and education history;

(B) Position description;

(D) Record of participation in the RPS orientation and trainings;

(E) Medication disbursement training, if applicable; and

(F) Valid copies of the following:

(I) First-aid, CPR, and bloodborne pathogens training documentation;

(II) Food worker card outlined in chapter 246-217 WAC, if applicable;

(III) Driver's license or government issued photo identification for all personnel;

(IV) Driver's license if transporting residential students; and

(V) Proof of auto insurance, if using private vehicle to transport residential students;

(ii) Personnel working in the living accommodation areas not providing care to residential students that includes the following records:

(A) Application or resume, including work and education history;

(B) Position description; and

(iii) Individuals residing in the living accommodation areas with the residential students, but are not personnel, that includes the following records, if applicable:

(A) Training documentation;

(B) First-aid, CPR, and bloodborne pathogens training documentation;

(D) Driver's license or government issued photo identification;

(E) Driver's license if transporting residential students; and

(F) Proof of auto insurance if using private vehicle to transport residential students;

(b) A background check log for all individuals in (a) of this subsection that documents the dates the background checks were requested and completed; and

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0100, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0110 Sharing, securing, and retaining residential student records.

RPSs must meet the following requirements for sharing, securing, and retaining residential students' records:

(1) Store and secure residential student records by:

(a) Keeping any identifying and personal information about residential students and their families:

(i) Confidential; and

(ii) In a secure place inaccessible to residential students, unauthorized personnel, and the public; and

(b) Maintaining these records on-site while residential students are enrolled;

(2) Provide the department with access to residential student records to verify records are maintained as required by licensing requirements, except for records protected by the:

(a) HIPAA; and

(b) Washington My Health My Data Act; and

(3) Keep residential student records:

(a) At a secure location either on-site or off-site when they are no longer enrolled; and

(b) According to their record retention schedule.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0110, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0120 Residential student records.

RPSs must obtain the following information for residential student records:

(1) The residential student's name and birth date;

(2) The date families were given initial orientation documentation;

(3) Any documented incident reports involving the student as outlined in this chapter;

(4) The names, addresses, and telephone numbers of parents, guardians, or individuals to be contacted in case of emergency;

(5) Special instructions including supervision requirements and suggestions for behavior management, if applicable;

(6) Written approval for RPSs to monitor residential students' communication as outlined in WAC 110-146-0150.

(7) Other pertinent information related to the student's health, including:

(a) Current prescription medications;

(b) Immunizations; and

(8) Signed consent forms from parents or guardians authorizing:

(a) RPSs to provide routine and emergency medical care and administer medications; and

(b) Residential students to participate in potentially hazardous activities including, but not limited to:

(i) Using motorized yard equipment;

(ii) Swimming;

(iii) Horseback riding; and

(iv) Agricultural activities.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0120, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0130 Living accommodation requirements.

RPSs must:

(1) Meet the following living accommodations requirements:

(a) Provide the department with:

(i) A certificate of occupancy or equivalent approval; and

(ii) Documentation that their residential facilities comply with the:

(A) State fire marshal or their designee;

(B) DOH or their designee; and

(I) Zoning regulations;

(II) Community covenants;

(III) Local building codes; and

(IV) Fire codes;

(b) Comply with the most stringent requirement in (a) of this subsection if requirements differ between the entities;

(d) Maintain furnishings in a clean, durable, and safe manner;

(e) Keep the living accommodations clean and free of hazards;

(f) Appropriately store, use, and dispose of cleaning and toxic chemicals based on the developmental capabilities of the residential students;

(g) Store medications appropriately;

(h) Have adequate first-aid supplies that are readily available;

(i) Have emergency lighting devices that are readily available;

(j) Have exhaust and outdoor air ventilation in all living spaces that removes air contaminants, heat, and condensation;

(k) Have cooling and heating systems that help maintain a safe living environment;

(l) Conduct and document quarterly fire drills for the living accommodations;

(m) Inspect smoke detectors and carbon monoxide detectors quarterly to verify they are properly installed and working, and document the results of the inspections;

(n) Post evacuation floor plans;

(o) Develop and follow written emergency plans and test them quarterly;

(p) Develop policies and procedures with the department for the safety of residential students around bodies of water, based on their developmental capabilities;

(q) Comply with all city, county, state, and federal statutes and regulations regarding animals, including:

(i) All indoor and outdoor animals in residential living accommodations must be safe around students and cared for in a sanitary manner; and

(ii) Residents with allergies or other sensitivities must be accommodated;

(r) Provide safe and reliable transportation that complies with all applicable laws; and

(s) Protect residential students in living accommodations from firearms, other weapons, drugs, hazardous and biohazardous materials, and other potentially harmful items; and

(2) Develop and follow policies and procedures approved by the department that address potentially harmful items and materials on school grounds during noninstructional hours including:

(a) What is not allowed on school grounds;

(b) How dangerous items allowed on school grounds will be safely stored; and

(c) If conducting searches, include information on conducting them in the least intrusive manner possible and document searches as required.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0130, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0140 Bedrooms and sleeping areas.

(1) RPSs with living accommodations must provide each residential student a single or shared bedroom with:

(a) Privacy and space that meets each student's developmental needs and ADA requirements, if applicable;

(b) Adequate ceiling height for the safety and comfort of the occupants;

(i) Opens to the outside and allows for ground level access;

(ii) Allows natural light into the bedroom; and

(iii) Permits emergency access or exit; and

(d) Appropriately sized separate beds with:

(i) A mattress in good condition; and

(ii) Clean bedding for each residential student.

(2) The department may approve bedrooms that do not have direct access to the outdoors if they:

(a) Have a fire sprinkler protection system; and

(b) Were previously approved by the state fire marshal or their designee during completion of their initial license.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0140, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0150 Privacy.

(1) RPSs must:

(a) Provide each residential student with privacy regarding:

(i) Sleeping areas;

(ii) Toileting;

(iii) Bathing;

(iv) Personal mail;

(v) Electronic messages;

(vi) Online communications;

(vii) Phone calls; and

(viii) Access to:

(A) Parents;

(B) Guardians;

(D) End harm line; and

(E) Law enforcement; and

(b) Prohibit video and audio monitoring of residential students in their bathing, toileting, and sleeping areas.

(2) RPSs may monitor the following as required by residential students' parents or guardians in writing, court order, or for students' health, safety, and well-being:

(a) Personal mail;

(b) Electronic messages;

(d) Phone calls.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0150, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0160 Personal storage requirements.

RPSs with living accommodations must provide storage for residential students' clothing and personal belongings. The storage must be:

(1) In adequate condition; and

(2) Separate from other students' clothing and personal belongings.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0160, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0170 Medical policies.

RPSs with living accommodations must develop and follow medical policies and procedures approved by the department that include, but are not limited to, the following:

(1) Steps for disbursing medicine, including when and by whom, per RCW 28A.210.260;

(2) How over-the-counter and prescription medications will be stored and locked;

(3) Necessary actions to take when residential students are sick or have medical emergencies, including:

(a) Who is responsible for responding to the medical need or notifying the parent or guardian;

(b) When students must be taken to seek outside medical attention; and

(4) Making life-saving medications accessible;

(5) Keeping non-life-saving medications and medical supplies locked to unauthorized individuals when residential students are taking their own medication; and

(6) How to dispose of medication.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0170, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0180 Health and wellness accommodations during noninstructional hours.

RPSs must provide:

(1) Residential students with access to culturally appropriate items needed for grooming and personal hygiene; and

(2) Opportunities for residential students' health and wellness during noninstructional hours that include:

(a) Developmentally appropriate physical activity; and

(b) Activities that integrate them into the school and community when appropriate.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0180, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0190 Mental health.

RPSs must develop and follow mental health awareness and suicide prevention policies and procedures approved by the department that document the following:

(1) The mental health resources available on-site;

(2) How to access mental health resources in the community;

(3) Instructions on how RPSs will respond to residential students exhibiting mental health concerns;

(4) Emergency protocol and contacts; and

(5) Training requirements for personnel, including:

(a) Suicide prevention; and

(b) Suicide risk assessment tool training.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0190, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0200 Food storage, preparation, and nutritional requirements.

RPSs must complete the following when providing meals and snacks to residential students:

(1) Properly store, prepare, and serve food that meets the nutritional needs of residential students as outlined in chapter 246-215 WAC;

(2) Confirm that all:

(a) Cultural and developmental needs of residential students are met; and

(b) Personnel are aware of each residential student's dietary restrictions;

(3) Obtain and follow written instructions from the RPSs' medical professionals, the students' health care providers, or parents or guardians when providing meals and snacks to residential students with known food allergies or special dietary restrictions. The instructions must:

(a) Be easily accessible to personnel;

(b) Identify foods that the residential student must not consume or be exposed to; and

(i) Names and doses of medication to be administered;

(ii) Directions for how to administer medication; and

(iii) Names of those who should be notified;

(4) Obtain written authorization from parents or guardians if serving food collected by the school through school-based agricultural operations; and

(5) Provide the department the inspection results from DOH or designee for their food services and facilities.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0200, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0210 Behavioral management.

RPSs must:

(1) Develop and follow behavior management policies and procedures that are approved by the department. Behavior management policies must include personnel:

(a) Using positive methods of guidance and behavior management that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation; and

(b) Not doing any of the following:

(i) Corporal punishment;

(ii) Verbally abusive, neglectful, humiliating, intimidating, or frightening behavior management;

(iii) Withholding food, water, clothing, shelter, bedding, rest, sleep, or hygiene or toilet access;

(iv) Strenuous work or exercise as a form of behavior management;

(v) Restraints, except:

(A) In emergency situations, such as those that would threaten the physical safety of the students or personnel; or

(B) For personnel trained in behavior management including the use of restraints;

(vi) Involuntary seclusion including, but not limited to, time-out rooms in which residential students are locked and cannot exit;

(vii) Delegating behavior management responsibilities to students; or

(viii) Denying residential students the right to visit or communicate with parents, guardians, or siblings as a disciplinary measure; and

(2) Immediately provide the LD licensor with new or revised policies and procedures reflecting any changes to behavioral management methods.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0210, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0220 Documenting restraints.

RPSs must document when restraints are used on residential students in the living accommodations and include:

(1) The date and time of the incident;

(2) Parental or guardian notification;

(3) The name and job title of the individual who administered the restraint;

(4) A description of the activity that led to the restraint;

(5) The type of restraint used;

(6) The duration of the restraint;

(7) Whether the residential student, other students, or personnel were physically injured during the incident;

(8) Any medical care provided; and

(9) Recommendations to prevent this type of incident in the future, including needed resources.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0220, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0230 Reporting incidents.

RPSs must:

(1) Report the following incidents involving residential students to the department intake immediately and no later than 24 hours:

(a) Death or near death;

(b) Serious illness or injuries;

(d) Any time personnel suspect physical or sexual abuse, neglect, or exploitation of a residential student as required in chapter 26.44 RCW;

(e) Inappropriate sexual behavior by or toward a residential student;

(f) Disclosure by a residential student of sexual or physical abuse;

(g) The following suicidal situations by residential students:

(i) Expressed suicidal thoughts or behaviors; or

(ii) Suicide attempts that result in injury requiring medical treatment or hospitalization;

(h) Homicidal behaviors or attempts on the premises by residential students, personnel, or visitors;

(i) Any use of physical restraints on residential students by personnel working in the living accommodations that results in injury or is improperly applied;

(j) The following physical assault situations:

(i) Physical assault between two or more residential students that results in injury requiring off-site medical attention or hospitalization; or

(ii) Physical assault by a residential student on personnel or other adults that results in injury requiring off-site medical attention or hospitalization;

(k) Property damage that is a safety hazard and, if not immediately corrected, may affect residential students' health and safety; or

(l) Residential students missing from residence;

(2) Maintain a written record of reported incidents as outlined in subsection (1) of this section. The report must include the:

(a) Date and time the report was made; and

(b) Name of the individual making the report; and

(3) Store these records as outlined in WAC 110-146-0120.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0230, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 110-146-0240 Enforcement actions, notices, and appeals.

The department:

(1) May take action against a licensee's license:

(a) Including:

(i) Denial;

(ii) Suspension; or

(iii) Revocation; and

(b) When licensees:

(i) Do not meet the minimum licensing requirements in this chapter;

(ii) Have not met the background check requirements;

(iii) Have been determined by the department to have abused or neglected a residential student;

(iv) Have committed, permitted, or assisted in an illegal act on the premises of an RPS;

(v) Are unable to manage the premises and financial responsibilities of the living accommodations;

(vi) Tried to get a license by deceitful means, including making false statements or omitting critical information on their application;

(vii) Knowingly allowed personnel who made false statements or omitted critical information on their applications to work at the agency; or

(viii) Cannot provide for the health, safety, and well-being of the residential students;

(2) Will send a certified letter to licensees informing them of:

(a) The decision to take action against the license; and

(b) Their appeal rights as outlined in chapter 110-03 WAC;

(3) Has jurisdiction over:

(a) All licenses issued by the department;

(b) All applicants for licenses; and

(4) Retains jurisdiction even if:

(a) Applicants request to withdraw their application; or

(b) Licensees surrender or fail to renew their license.

History

Statutory Authority: 2023 c 441 s 3, RCW 74.15.020, and chapter 43.216 RCW. WSR 26-03-054, s 110-146-0240, filed 1/15/26, effective 2/15/26.

Chapter 110-147 Licensing requirements for child placing agency and adoption services.

Wash. Admin. Code § 110-147-1300 What is the purpose of this chapter?

(1) This chapter contains licensing requirements for all child placing agencies and the people who operate these programs. This chapter also includes regulations for adoption services provided by child placing agencies. These licensing regulations are designed to ensure children who are in care are safe, healthy, and protected from all forms of child abuse and neglect according to RCW 26.44.020(1) and chapter 110-30 WAC.

(2) If you are a child placing agency (CPA) that certifies foster homes or kinship homes, the homes you certify must meet the full licensing requirements outlined in:

(a) Chapter 110-148 WAC, Licensing requirements for child foster homes; and

(b) Chapter 110-149 WAC, Licensing requirements for kinship homes.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1300, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1300, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1300, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1300, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1305 What definitions do I need to know to understand this chapter?

The following words and terms are for the purpose of this chapter and are important to understanding these requirements:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Adult" means a person 18 years old or older, not in the care of the department.

"Agency" is defined in RCW 74.15.020.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Assessment" means the appraisal or evaluation of a child's physical, mental, social or emotional condition.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Business hours" means hours during the day in which business is commonly conducted. Typically, the hours between 9 a.m. and 5 p.m. on weekdays are considered to be standard business hours.

"Capacity" means the age range and maximum number of children on your current license.

"Care provider" means any person who is licensed or authorized to provide care for children and cleared to have unsupervised access to children under the authority of a license.

"Case manager" means the private agency employee who coordinates the planning efforts of all the individuals working on behalf of a child or youth.

"Case plan" means a written document followed by the child's or youth's parents, kinship caregivers, foster parents, and all other caregivers.

"Caseworker" means the primary agency worker assigned to children or youth through the department or another government agency including tribal governments.

"Certification" means:

(a) Kinship or foster homes supervised by a CPA that meet the licensing requirements; or

(b) Individuals approved by the department as certified respite providers.

"Chapter" means chapter 110-147 WAC.

"Child placing agency (CPA)" means agencies or tribes licensed to place children or youth for foster care, kinship care, or adoption and may be contracted by the department to provide professional therapeutic foster care (PTFC) services.

"Children" or "youth" means individuals who are one of the following:

(a) Younger than 18 years of age;

(b) Kindergarten to 18 years of age residing in a residential private school;

(c) Up to 21 years of age and enrolled in services through the department of social and health services, developmental disabilities administration (DDA) the day prior to their 18th birthday and pursuing either a:

(i) High school or equivalency course of study; or

(ii) Vocational program;

(d) Up to 21 years of age and participating in the extended foster care (EFC) program;

(e) Up to 21 years of age with intellectual and developmental disabilities; or

(f) Up to 25 years of age and in the custody of the juvenile rehabilitation division.

"Compliance agreement" means a written improvement plan to address the changes needed to meet licensing requirements.

"Developmental disabilities administration (DDA)" means the department of social and health services, developmental disabilities administration.

"Department" means the Washington state department of children, youth, and families.

"Developmental disability" is a disability as defined in RCW 71A.10.020.

"FBI" means the Federal Bureau of Investigation.

"Foster home" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Guardians" means the same as legal guardian defined in RCW 26.33.020.

"Guns or weapons" means any device intended to shoot projectiles under pressure or that can be used to attack. These include, but are not limited to, BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.

"Health care staff" means anyone providing qualified medical consultation to your staff or medical care to the children in your care.

"Hearing" means the same as defined in WAC 110-03-0020.

"I," "my," "you," and "your" refer to an applicant for a license issued under this chapter, and to any party holding a license under this chapter.

"Infants" means a child from birth to one year old.

"Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.

"Intersex" is an umbrella term used to describe a wide range of natural bodily variations when the body is born with a combination of chromosomes, internal organs, or external genitalia that do not develop as expected.

"Kinship licenses" means child-specific licenses as defined in RCW 74.15.125.

"Lesbians" means females or women who have an emotional or physical attraction for other females or women.

"License" means a permit issued by the department when a foster parent or licensed kinship caregiver meets the licensing standards established in this chapter.

"Licensed health care provider" means a medical doctor, doctor of osteopathy, doctor of naturopathy, physician's assistant, or an advanced registered nurse practitioner.

"Licensed kinship care" or "licensed kinship caregivers" means the full-time care of children or youth by licensed relatives, suitable persons, or relatives defined by tribal code or custom.

"Licensing division (LD)" means the division within the department that licenses and monitors foster homes, licensed kinship homes, residential private schools, CPAs, and licensed group care facilities.

"Licensing provider portal" means the internet-connected provider application system used by the department and agencies to securely store digital employment and licensing documents and data.

"Licensor" means either:

(a) LD employees who recommend approvals for or monitor licenses or certifications for foster homes, licensed kinship homes, residential private schools, facilities, and agencies established under this chapter; or

(b) CPA employees who certify or monitor foster homes, kinship homes, that are supervised by the CPA.

"Maternity service" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.

"Medically fragile" means the condition of a child or youth who requires the availability of 24-hour skilled care from a health care professional or specially trained family or foster or kinship family member. If the technology, support, and services being received by the medically fragile children or youth are interrupted or denied, they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring.

"Missing children" means any child or youth under the placement, care, and authority of the department whose whereabouts are unknown or who have left care without the permission of their caregiver or the department. This does not include children in dependency guardianship or youth in the EFC program.

"Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.

"Nonbinary" is a term of self-identification for individuals who do not identify within the limited and binary terms that have described gender identity, e.g., female and male. Nonbinary is also an umbrella term for many identities such as gender expansive, gender fluid, and genderqueer.

"Out-of-home placement" means the same as defined in RCW 13.34.030.

"Parents" means the same as defined in RCW 26.26A.010.

"Probationary license" means the same as defined in RCW 74.15.020.

"Property or premises" means homes, buildings, and grounds, including those adjacent to the residential property, that are owned, rented, and managed by applicants or licensees.

"Queer" means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Respite" means the same as defined in RCW 74.13.270 including, but not limited to, appropriate, temporary short-term care provided by an in-home or out-of-home provider paid by the department.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"Transgender" is an umbrella term for individuals whose gender identity or expression is different from cultural expectations based on the sex they were assigned at birth. Gender-affirming medical care is not a prerequisite to identify as transgender. Being transgender does not imply any specific sexual orientation.

"Treatment plan" means individual plans that identify the service needs of the child or youth, including their parents or guardians, and the treatment goals and strategies for achieving those goals.

"Volunteer" means a person who provides services without compensation, for your agency.

"Washington state patrol fire protection bureau (WSP/FPB)" means the state fire marshal.

"We," "our," and "us" refer to DCYF, including LD and child welfare staff.

"Young child" refers to a child age 12 months through eight years old.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1305, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-147-1305, filed 9/13/24, effective 10/14/24. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1305, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1305, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-147-1305, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1305, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1305, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1310 Am I required to have a license to provide care to children?

You must be licensed if you provide care on a twenty-four hour basis to a child who is not related to you. Exceptions to this rule are listed in RCW 74.15.020 or by order of the court under chapters 26.10 RCW or RCW 13.34.065.

History

WSR 18-14-078, recodified as § 110-147-1310, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1310, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1315 When will the department grant me a license?

(1) We issue you a CPA license when you, your staff and volunteers, property and premises meet the regulations contained in this chapter, and all required documents are in the department's licensing file. Documents required under this section must be submitted to the department through the licensing provider portal.

(2) If you are providing adoption services, you must meet the additional requirements in WAC 110-147-1660 through 110-147-1730.

(3) If your licensed program is providing specialized services for medically fragile children, day treatment services, or maternity services for pregnant and parenting youth, you must meet additional requirements in chapter 110-145 WAC.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1315, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1315, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1315, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1320 How old do I have to be to apply for a license to provide care to children?

You must be at least twenty-one years old to apply for a license to provide care to children.

History

WSR 18-14-078, recodified as § 110-147-1320, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1320, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1325 What is required to apply for a CPA license?

(1) You must submit an application using the department's licensing provider portal; and

(2) You, your executive director, agency staff, consultants, interns, volunteers, and anyone who may have unsupervised access to children per chapter 110-04 WAC are required to:

(a) Submit a completed background authorization form;

(b) Complete an FBI fingerprint check if the individual over 18 years of age has lived out-of-state during any portion of the previous three years; and

(c) Ensure that no employee, volunteer, or subcontractor has unsupervised access to children until a full and satisfactory background check is completed and documentation qualifying the individual for unsupervised access, has been returned to you. Your employees are allowed to work while awaiting fingerprint results, under the provisions of chapter 110-05 WAC.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1325, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1325, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031. WSR 16-06-041, § 388-147-1325, filed 2/24/16, effective 3/26/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1325, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1330 How does the department determine my suitability to become a licensed provider?

(1) The department determines your suitability as a licensed provider after receiving:

(a) Your application through the licensing provider portal;

(b) Background authorizations for persons listed in WAC 110-147-1325(2); and

(2) You, your employees, interns, and volunteers must not have had a license or contract denied or revoked from an agency that regulates the care of children or vulnerable adults, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(3) You, your employees, interns, and volunteers must not have been found to have committed abuse or neglect of a child or vulnerable adult, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(4) You must demonstrate that you, your employees, interns, and volunteers have:

(a) The understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of the children under your care; and

(b) The ability to furnish children with a nurturing, respectful, and supportive environment.

(5) At any time, we may require you, your employees, interns, and volunteers to give additional information. We may also require an evaluation of your facility or property, or of a staff working for your agency, by an evaluator recommended by us. Any evaluation requested by the department will be at your expense. You must give the evaluator written permission to share information with us prior to and throughout the evaluation process.

(6) Any employee, intern, or volunteer who is found to have misrepresented or provided fraudulent information may be disqualified.

(7) Before granting or renewing a license, your licensor will:

(a) Assess your ability to provide a safe environment for children and to provide the quality of care needed by children placed in your care; and

(b) Determine that you, your employees, interns, and volunteers meet training requirements.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1330, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1330, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1330, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1335 What additional steps must I complete prior to licensing?

(1) You must submit through the licensing provider portal a detailed written program description for LD approval. This description must outline:

(a) Your mission and goals;

(b) A description of the services you will provide to children and their families;

(c) Your written policies covering qualifications, duties, and on-going training for developing and upgrading staff skills; and

(d) A description of your agency's policies and procedures.

(2) You must have a site inspection by your LD licensor or someone designated by LD who can verify that your Washington state premises have:

(a) Adequate storage for staff and client files;

(b) A working telephone;

(d) Room or area used for administrative purposes;

(e) Adequate space for visitation, if needed; and

(f) Your license must be clearly posted, if the inspection is for a renewal license.

(3) You and your staff are required to submit through the licensing provider portal a negative tuberculosis (TB) test or an X-ray, unless you have had a negative TB test in the previous 12 months. If there is a positive TB test, then the individual must submit a physician's statement identifying that there is no active TB or risk of contagion to children in care.

(a) We may grant an exception to the TB test, in consultation with a licensed health care provider.

(b) This exception would require a statement from a licensed health care provider (MD, DO, ND, PA or ARNP) indicating that a valid medical reason exists for not having a TB test.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1335, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1335, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1335, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1335, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1340 How long do I have to complete the licensing application process?

(1) You must submit a complete licensing application and background authorization forms for your CPA license, and for licensed foster families or kinship caregivers certified by your CPA, to LD through the licensing provider portal.

(2) For your CPA license:

(a) Once you receive background clearance notifications for the staff identified on your application, you must submit all required documents within 90 days.

(b) If you do not meet the 90-day deadline, your licensor may withdraw your application.

(c) As a courtesy, a renewal notification and renewal materials will be sent 120 days prior to your license expiration date. If you do not receive this renewal notice it is your responsibility to contact your licensor.

(3) For licensed foster families or kinship caregivers certified by your CPA:

(a) Once you receive background clearance notifications for all identified household members, you must submit all LD required documents within 90 days.

(b) If you do not meet this 90-day deadline, you may withdraw your application rather than be denied a license.

(d) You must send the foster home or kinship home license renewal application and all required background authorization forms to your licensor 90 days prior to the expiration of the current license; you must send the foster home or kinship home license renewal application and all required background authorization forms to your licensor by the expiration of the current license.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1340, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1340, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1340, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1340, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1345 What are the roles of the department and the CPA?

(1) We license CPAs, including tribal CPAs, to supervise foster homes and kinship homes. You are authorized to certify to the department that a:

(a) Foster home meets the licensing regulations contained in chapter 110-148 WAC; or

(b) Kinship home meets the licensing regulations contained in chapter 110-149 WAC.

(2) You have the discretion to certify or not to certify a foster home or kinship home.

(3) You may, at your discretion, have additional regulations for a:

(a) Foster home to become and remain a licensed foster home under your supervision; or

(b) Kinship home to become and remain a licensed kinship home.

(4) The department has the final approval for licensing a foster home or kinship home that you have certified.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1345, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1345, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1345, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1345, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1350 How must I certify a foster home or kinship home for licensing by the department?

(1) You must use applications, home study forms, and procedures that are approved by the department.

(2) A foster home must be certified by your CPA as meeting the licensing requirements in chapter 110-148 WAC in order to be licensed by the department.

(3) A kinship home must be certified by your CPA as meeting the licensing requirements in chapter 110-149 WAC in order to be licensed by the department.

(4) A CPA social service staff person must review and sign approval for the foster home or kinship home licensing application packet before the application is submitted to LD.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1350, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1350, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1350, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1350, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1355 How long is my license valid?

(1) Your license is issued for a three-year period.

(2) Your license is valid only for the person or organization named on the license and only for the specific address listed on the license.

(3) Your CPA license must be posted where the public can easily view it.

History

WSR 18-14-078, recodified as § 110-147-1355, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1355, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1360 Who shall have access to my agency?

The department must have access to your agency, staff, foster homes, kinship homes, and the children in your care at any time. You must allow us to meet privately with staff or children in your care, at our request. We must also have access to the documents related to your program.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1360, filed 5/30/25, effective 6/30/25. WSR 18-14-078, recodified as § 110-147-1360, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1360, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1365 Am I required to comply with local ordinances?

You are responsible for following all local and state regulations such as zoning regulations, community covenants, local building codes and fire codes. The department may require you to provide proof that you are complying with these regulations.

History

WSR 18-14-078, recodified as § 110-147-1365, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1365, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1370 What happens when licensing requirements differ from contract requirements?

You may hold a contract with the state in order to provide services, but if you provide services as a child placing agency you must also meet the licensing requirements outlined in this chapter. When contract or other statutory requirements differ from licensing, you must meet the highest standard.

History

WSR 18-14-078, recodified as § 110-147-1370, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1370, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1375 May an agency be issued more than one type of license?

(1) An agency may not be licensed by LD for more than one type of license in the same building (a group care facility and a CPA for example), unless the department determines that care of one type of client does not interfere with the care of another type of client, and you have approval from the LD administrator. We may require separation of client populations between the programs. You must meet the requirements for both licenses.

(2) If you have multiple licenses issued by different DCYF licensing agencies in the same location, you must obtain approval from LD prior to providing services and accepting placements.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1375, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1375, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1375, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1380 What must be included in a home study completed by my agency?

(1) The home study must include the following information:

(a) The applicant's motivation to foster or adopt;

(b) The family's plan for honoring the child's ethnic and cultural heritage;

(d) The applicant's need for support and description of current support system;

(e) The applicant's life experiences and challenges;

(f) The applicant's parenting skills, child discipline practices, and beliefs and attitudes on education;

(g) The family life of the applicant(s);

(h) The health of all family members;

(i) The applicant's religious or spiritual beliefs;

(j) The physical facility and premises of the property; and

(k) The resources and financial history of the applicant(s).

History

WSR 18-14-078, recodified as § 110-147-1380, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1380, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1385 What children may I serve?

(1) Foster homes that you certify as meeting our licensing requirements may accept children only from:

(a) Your child placing agency; or

(b) A different child placing agency or the department if there is an agreement written in advance between your child placing agency and the other child placing agency/department specifying the criteria and conditions for placement of the children. The written agreements must specify roles and responsibilities of each agency.

History

WSR 18-14-078, recodified as § 110-147-1385, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1385, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1390 How does the department decide which children will be placed in the homes I certify?

(1) We are responsible for the safety and well-being of the children placed in our custody by parents or the court and will place children where we believe is in their best interest.

(2) We specify the maximum number, age range, and gender of children in each home you certify. We will base this on the skills and number of caretakers, the physical accommodations of the foster home, and the needs of children placed in a foster home. Based on this evaluation, we may license a foster home for the care of fewer than the maximum number of children.

History

WSR 18-14-078, recodified as § 110-147-1390, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1390, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1395 Do I have to admit or retain all children?

(1) You have the right to refuse to admit or retain a child in your program. The exceptions to this requirement are individual programs that have contracts that specify a child cannot be denied admission.

(2) A joint decision may be made by the provider, the placement agency and us to serve the child elsewhere, for the health and safety of the child or others.

History

WSR 18-14-078, recodified as § 110-147-1395, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1395, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1400 What do I need to consider in making foster care placements?

(1) In planning a foster care placement for a child, you must consider:

(a) The child's basic right to their own home and family;

(b) Proximity to the child's birth parents, extended family and other supports;

(d) The wishes and participation of each child's parent(s).

(2) Every foster care placement that you facilitate must be based on well-planned, individual preparation of the child and the child's family. In emergency situations, you may place a child in a foster home prior to preparing the child and the child's family.

(3) A child may be placed in foster care only with the written consent of the child's parent(s), or a protective custody order, or under another court order. This consent or order must include approval for emergency medical care or surgery.

History

WSR 18-14-078, recodified as § 110-147-1400, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1400, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1405 May I share information about the child with the foster parents?

(1) You must give foster parents any information that may be shared about the child and the child's family. Sharing information about behavioral and emotional challenges is especially important. This helps foster parents make an informed decision about whether or not to accept a child in their home and provides for safety and supervision of the child(ren).

(2) You must inform the foster parents that this information is confidential and cannot be shared with persons who are not involved with the care of the child.

(3) You must document in the child's file that you have shared this information at the time of placement.

History

WSR 18-14-078, recodified as § 110-147-1405, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1405, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1410 Will you license or continue to license me if I violate licensing regulations?

(1) We may modify, deny, suspend or revoke your license when you, your employees or volunteers:

(a) Do not meet the licensing regulations in this chapter;

(b) Have not been cleared for unsupervised access to children;

(d) Have committed, permitted, or assisted in an illegal act on the premises of a facility providing care to children;

(e) Tried to get a license by deceitful means, such as making false statements or omitting critical information on the application;

(f) Knowingly allowed employees or volunteers who made false statements or omitted critical information on their applications to work at your agency;

(g) Are unable to manage your property and financial responsibilities;

(h) Cannot provide for the safety, health and well-being of the child(ren) in your care; or

(i) Do not meet the health and safety requirements of the department of health and/or the Washington state patrol fire protection bureau (WSPFP), if required.

(2) We may suspend or revoke your license if you have children in your certified homes for whom you are not licensed, without approval of your DLR licensor. This includes having more children, or children of different ages or gender than the license allows.

(3) We will send you a certified letter telling you of the decision to modify, deny, suspend or revoke your license. In the letter, we will also tell you what you need to do if you disagree with the decision.

(4) The department has jurisdiction over all licenses issued by DLR and over all holders of and applicants for licenses as provided in RCW 74.15.030(5). Such jurisdiction is retained even if an applicant requests to withdraw the application, or you surrender or fail to renew your license.

History

WSR 18-14-078, recodified as § 110-147-1410, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1410, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1410, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1415 Are there exceptions made if I do not meet the licensing regulations?

(1) We may make exceptions and license or continue to license you if you do not meet the minimum licensing regulations if we find that you can provide for the safety, health and well-being of children in your care.

(2) In addition, we may limit or restrict your license and/or require you to enter into a compliance agreement to ensure the safety and well-being of the children in your care.

(3) You must keep a copy of the approved exception to the licensing regulations for your files.

(4) You do not have appeal rights if the department denies your request for an exception to the licensing regulations.

History

WSR 18-14-078, recodified as § 110-147-1415, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1415, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1420 Can employees, volunteers, and subcontractors be disqualified from having access to the children in my agency?

(1) The department must disqualify employees, volunteers, or subcontractors if they do not meet the regulations of chapter 110-147 WAC or cannot have unsupervised access to children because of their background check as outlined in chapter 110-04 WAC.

(2) We will notify you if a person in your agency is disqualified from having unsupervised access to children. This could also lead to denial, suspension, or revocation of your license.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1420, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1420, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031. WSR 16-06-041, § 388-147-1420, filed 2/24/16, effective 3/26/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1420, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1425 What may I do if I disagree with your decision to modify, deny, suspend or revoke my license, or to disqualify my background check?

You have the right to request an administrative hearing if you disagree with any of these actions. You must request this hearing within twenty-eight calendar days of receiving a certified letter with our decision (see chapter 34.05 RCW). To request a hearing you must send a letter to the Office of Administrative Hearings, P.O. Box 42489, Olympia, Washington 98504-2489, 1-800-583-8271. The letter must have the following:

(1) A specific statement why you disagree with our decision and any laws you believe are related to your claim; and

(2) A copy of the certified letter we sent to modify, revoke, suspend, or deny your license or to disqualify your background check.

History

WSR 18-14-078, recodified as § 110-147-1425, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-147-1425, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1425, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1430 How do I appeal the decision of the office of administrative hearings' administrative law judge?

(1) The decision of the administrative law judge is the final decision of the department unless you or the department files a petition for review with the DCYF board of appeals within 21 calendar days after the administrative law judge's decision is mailed to the parties.

(2) The procedure for requesting or responding to a petition for review with the board of appeals is described in chapter 110-03 WAC.

(3) We will not appeal decisions made by the board of appeals.

(4) If you disagree with the board of appeals, you may file a petition in superior court and ask for further review as described in RCW 34.05.510 to 34.05.598.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1430, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1430, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1430, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1435 Can I be issued a probationary license?

(1) We may issue a probationary license as part of a corrective action plan with you.

(2) We will consider the following when deciding whether a probationary license will be issued:

(a) An intentional or negligent violation of licensing regulations;

(b) A history of violation of licensing regulations;

(d) Whether you are making a good faith effort to comply; and

(e) Any other factors relevant to the specific situation.

(3) A probationary license may be issued for up to six months. At our discretion, we may extend the probationary license for an additional six months. You may not appeal our decision not to issue a probationary license.

History

WSR 18-14-078, recodified as § 110-147-1435, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1435, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1440 Who must I employ at my agency?

(1) You must employ sufficient numbers of qualified staff to meet the physical, safety, health, and emotional needs of the children placed in your care, appropriate for their age and developmental level. Requirements for specific staff are detailed below.

(2) Employees and caregivers must:

(a) Demonstrate competency, good judgment, and self-control in the presence of children and when performing duties;

(b) Report suspected abuse, neglect, and exploitation to DCYF intake and to the designated administrator or supervisor;

(d) Comply with federal and state antidiscrimination laws related to personnel policies and procedures.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1440, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1440, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1440, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1443 Am I required to follow each child's case plan?

You and all employees, staff members, and volunteers must adhere to, follow, and comply with the case plan for each of the children in your care.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1443, filed 5/18/22, effective 6/18/22.

Wash. Admin. Code § 110-147-1445 What are the qualifications of an executive director or administrator?

(1) You must have an executive director or administrator who is available telephonically during business hours and meets the qualification to:

(a) Manage the financial and administrative operations of the program;

(b) Comply with the licensing rules contained in this chapter providing for the health and safety of the children in your agency's care;

(d) Assume responsibility for safety of children in your agency; and

(e) Work with representatives of other agencies.

(2) An executive director or administrator must have:

(a) Appropriate education relevant to the specific program; and

(b) Four years of successful experience with similar duties and responsibilities for the administrative oversight, program and fiscal management of an agency.

History

WSR 18-14-078, recodified as § 110-147-1445, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1445, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1450 What are the qualifications of a program manager?

(1) You must have a program manager available during business hours who meets the qualifications to:

(a) Coordinate the day-to-day operations of the program;

(b) Supervise the case management and direct care staff; and

(2) A program manager must have education and experience as follows:

(a) A master's degree in social services or a closely related field from an accredited school and one year of experience working with children or youth; or

(b) A bachelor's degree in social services or a closely related field from an accredited school and two years of experience working with children or youth; or

(3) A program manager must also have supervisory abilities that promote effective staff performance, and relevant experience, training and demonstrated skills in each area that he or she will be supervising or managing.

History

WSR 18-14-078, recodified as § 110-147-1450, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-147-1450, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1450, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1455 What are the requirements of case management staff?

(1) Case management staff will provide individualized case management and coordination of services.

(2) Case management staff hired before January 10, 2015, must have five years of experience or a bachelor's degree in social services or closely related field from an accredited school.

(3) Case management staff hired after January 10, 2015, must have a master's or bachelor's degree in social services or a closely related field from an accredited school.

(4) Case management staff with a bachelor's degree must consult with a person with a master's degree in social services or closely related field for one hour for every 20 hours the case management employee works.

(5) Case managers must maintain:

(a) Training, experience, knowledge, and demonstrated skills in each area they will be supervising;

(b) Skills and understanding needed to effectively manage cases; and

(6) You may use case management staff provided by another agency if these staff meet the educational qualifications and you have a written agreement with the agency describing the scope of services to be provided.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-147-1455, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-147-1455, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1455, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1455, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1460 What are the qualifications for case aide staff?

(1) If you employ case aides to provide direct care, such as transporting, providing supervision, or performing other services in certified foster homes and kinship homes, these staff must:

(a) Be at least 21 years of age;

(b) Have a high school diploma or high school or equivalency course of study (GED/HSEC);

(d) Have the skill and ability to work successfully with the special needs of children in care; and

(e) Have effective communication and problem solving skills.

(2) Case aide staff may be between 18 and 21 years of age if enrolled in a social service internship or practicum program with an accredited college or university and can provide sufficient documentation.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1460, filed 5/30/25, effective 6/30/25. WSR 18-14-078, recodified as § 110-147-1460, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1460, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1465 If I have health care staff, what are their qualifications?

(1) If your program requires health care staff, they must:

(a) Meet the full professional competency requirements in their respective field; and

(b) Maintain their certification or licensure as required by the department of health.

(2) Applicants with current and active medical licenses or certificates (nurses, physicians and EMS personnel) may submit their licenses or certificates to satisfy the first aid and CPR requirement.

History

WSR 18-14-078, recodified as § 110-147-1465, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1465, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1465, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1470 Do I need to employ consultants at my agency?

(1) You must have a consultant available as needed to work with your staff, the children you serve, and the children's families. Consultants may be used for case management or program support.

(2) A case management consultant is responsible to:

(a) Review treatment, case plans, or adoption home studies as appropriate;

(b) Provide one hour of consultation/clinical supervision to case management staff without a master's degree in social services or a closely related field for every 20 hours that person works. Staff consultations shall be documented and available to staff on an as needed basis; and

(3) Each case management consultant must have:

(a) A master's degree in social services or a closely related field from an accredited school;

(b) The training, experience, knowledge and demonstrated skills for each area in which they will be supervising or advising;

(d) The ability to monitor staff development and training; and

(e) Knowledge of mandatory child abuse and neglect reporting requirements.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-147-1470, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-147-1470, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1470, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1475 What are the qualifications for the foster home licensor?

(1) Your foster home licensor must:

(a) Be at least twenty-one years old; and

(b) Have a bachelor's degree in social services or related field; or

(c) Four years of relevant full-time experience serving children may be substituted for the bachelor's degree with DLR administrative approval.

History

WSR 18-14-078, recodified as § 110-147-1475, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1475, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1480 What additional support do I need for my child-placing agency?

You must have sufficient clerical, accounting, administrative and maintenance services to carry out your program.

History

WSR 18-14-078, recodified as § 110-147-1480, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1480, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1485 Can one staff person have different responsibilities?

The same person may have multiple staff roles and responsibilities as long as they meet the staff qualifications for each position.

History

WSR 18-14-078, recodified as § 110-147-1485, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1485, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1490 What are the requirements for volunteers working directly with children?

These volunteers must meet the licensing requirements listed in this chapter, including meeting the qualifications for case aide staff, and must:

(1) Be at least 21 years of age, unless they are between 18 and 21 years of age with an internship or practicum program as per WAC 110-147-1460(2);

(2) Be supervised at all times by at least one paid staff member or a designated volunteer meeting the qualifications of a program manager, working on-site. Volunteers meeting program manager qualifications may provide direct care unsupervised; and

(3) Receive preservice training that addresses the needs of the population of children in care.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1490, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1490, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1490, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1495 What are the required ratios of case manager staff to children under care?

(1) You must have at least one full-time case manager providing case management services for every twenty-five children in care.

(2) If you have both a license and a contract for services, you must adhere to the most stringent caseload size requirements for case managers.

History

WSR 18-14-078, recodified as § 110-147-1495, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1495, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1500 What are the preservice training requirements for staff, interns, and volunteers who directly care for children?

(1) Prior to having responsibility for direct care, staff, interns, and volunteers must have a minimum of 16 hours of the following preservice training, including policies and procedures, job responsibilities and facility administration. This is in addition to the first aid and cardiopulmonary resuscitation training (CPR) in WAC 110-147-1510 and the bloodborne pathogen requirements in WAC 110-147-1515. Preservice training must be relevant to the type of children and families and the program services you provide. Preservice training may include, but is not limited to:

(a) Child abuse and neglect identification and reporting requirements;

(b) Incident reporting;

(d) Client confidentiality;

(e) Family dynamics and family intervention techniques;

(f) Child development;

(g) Grief and loss;

(h) Cultural needs of children in care;

(i) Sexually exploited youth;

(j) Behavior management and crisis intervention techniques;

(k) Conflict resolution or problem-solving skills;

(l) Substance abuse;

(m) Sexually aggressive and physically assaultive training;

(n) Effects of trauma on children;

(o) Youth supervision requirements; and

(p) Foundational LGBTQIA+ culture.

(2) If your agency is providing international adoption services, you must also provide training that covers the Hague Convention Articles and the Hague Council on Accreditation (COA) requirements.

(3) New staff, interns, and volunteers must work shifts with fully trained staff until they have completed all required training.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1500, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1500, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1500, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1505 What is the requirement for staff in-service training?

(1) If you have employees in your agency, you must offer in-service training programs for developing and upgrading staff skills. Your training plan must be in writing.

(2) You must submit an in-service training plan for staff for approval by the department, with a minimum of 12 hours of annual training for applicable case management, case aide and foster home licensing staff. This training plan must be relevant to the type of children and families you serve, and the program services you provide. You must provide information relevant to the problems experienced by the children you serve, which may include suicide prevention, substance abuse, child abuse and neglect, mental health issues, cultural sensitivity, foundational LGBTQIA+ culture, and predatory behavior.

(3) You must discuss with your staff updated policies and procedures, as well as the rules contained in this chapter, including the Hague Council on Accreditation if you are providing international adoption services.

(4) Your training on behavioral management must be approved by LD and must include nonphysical age-appropriate methods of redirecting and controlling behavior, as described in the department's behavior management guide.

(5) You must document all training including a description of the training provided and the date of the training. This information must be kept in each employee's file or in a separate training file.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1505, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1505, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1505, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1510 What first-aid and cardiopulmonary resuscitation (CPR) training is required?

If you or any of your staff provide supervision or direct care to children, basic standard first aid and age-appropriate cardiopulmonary resuscitation (CPR) training is required. The CPR training is not required for staff/volunteers with a statement from their physician that the training is not advised for medical reasons as long as another on-site staff person meets this training requirement. Training must be department approved and accredited with nationally recognized standards.

History

WSR 18-14-078, recodified as § 110-147-1510, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1510, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1515 What bloodborne pathogens training is required?

(1) If you or any of your staff provide supervision or direct care to children, bloodborne pathogens training is required. This training should include infection control standards.

(2) You must use infection control requirements and educational material consistent with the current approved curriculum published by the department of health.

(3) Staff providing direct care to children must use universal precautions when coming in contact with the bodily fluids of a child.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1515, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1515, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1515, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1520 What personnel records must I keep at my agency?

(1) You must both submit to the department through the licensing provider portal and keep on file personnel records for each person who is employed or volunteers at your agency.

(2) For staff who will not have unsupervised access to children you must keep the following:

(a) An employment application, including work and education history;

(b) Education documentation;

(d) Signed mandated reporter statement;

(e) A record of participation in the program's orientation; and

(f) A record of participation in ongoing staff development training.

(3) In addition, you must keep the following for staff who have unsupervised access to children:

(a) A log with background check information, containing dates of request and completion of the checks on all staff, interns, volunteers, and service contractors;

(b) A record of a negative Mantoux, tuberculin skin tests results, X-ray, or a medical exemption to the skin test or X-ray per WAC 110-147-1335(3);

(d) A copy of government-issued photo ID;

(e) A copy of a valid driver's license for staff transporting clients or employees; and

(f) A copy of current auto insurance, if using private vehicle to transport.

(4) You must maintain a written record of case consultation by a master's level consultant as defined in WAC 110-145-1470 for case managers with a bachelor's degree.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1520, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1520, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1520, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1525 What are the requirements for children's records?

(1) You must retain a record of each child placed by your agency. This record must contain all identifying legal, medical, and social information.

(2) Any identifying and personal information about a child and the child's family must be kept confidential as required by chapter 26.33 RCW. These records must be kept in a secure place inaccessible to clients, unauthorized staff, and the public. Children's records must never be submitted to the department through the licensing provider portal.

(3) During a child's placement, the child's record must be maintained and you must attempt to obtain the following information for the child's record, as appropriate to your program:

(a) The child's name, birth date, and legal status;

(b) Name and telephone number of the child's DCYF caseworker for each child in care;

(c) Written consent, if any, for providing medical care and emergency surgery, unless that care is authorized by a court order;

(d) A copy of the current legal authority to place;

(e) Current case plans;

(f) Social summary;

(g) Documentation of a child's therapy treatment provided by your staff with the signature of the person making the entry to the therapy or progress notes;

(h) Log of the child's placement history with your agency; and

(i) Information related to suspected child abuse and/or neglect referrals made to children's administration, including the concern, date and person taking the report.

(4) In addition, your records must contain the following information if available:

(a) Names, addresses, and telephone numbers of parents or persons to be contacted in case of emergency;

(b) Information on specific cultural needs of the child;

(c) Medical history including any medical problems, name of doctor, type of medical coverage and provider, date of any illnesses or accidents while placed in your agency's care;

(d) Mental health history and any current mental health, chemical dependency, and behavioral issues, including medical and psychological reports when available;

(e) Other pertinent information related to the child's health, including basic medical information, such as current prescription medications, immunizations, allergies, dental records, or eye exams;

(f) Immunization records, if a child's placement extends beyond 30 days. If the child is not current with immunization, they must be updated as soon as medically possible. Immunization records are not required to be current for children placed in a foster home licensed by a CPA to provide emergency respite services on a voluntary placement agreement;

(g) Child's school records, report cards, school pictures, and individual education plans (IEP);

(h) Special instructions including supervision requirements and suggestions for managing problem behavior;

(i) Inventory of the child's personal belongings at the time of placement;

(j) Approved list of individuals with whom the child may have contact;

(k) The child's visitation plan; and

(l) For pregnant and parenting youth, information on the other parent of the youth's child, if available.

(5) If you are unable to obtain this information from the department, you must document your attempt to obtain the requested information in the child's file.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1525, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1525, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1525, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1530 How long should my agency keep the child records?

(1) If you have child files with information not returned to the department, you must keep them for six years following the termination or expiration of any license or contract you have with the department. Children's records must never be submitted to the department through the licensing provider portal.

(2) If your agency closes, you must return all child file information to the department for any child who is or was in the custody of the department and whose records were not previously destroyed according to subsection (1) of this section.

(3) Adoption records should be maintained according to WAC 110-147-1720(2).

(4) You must inform your LD regional licensor about the closure of your agency and where the child files will be kept.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1530, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1530, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1530, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1535 What information can be shared about a child or a child's family?

(1) Information about a child or the child's family is confidential and must only be shared with people directly involved in the case plan for a child.

(2) You may discuss information about the child, the child's family, and the case plan only with:

(a) A representative of the department, including staff from child welfare, LD, and DDA;

(b) A representative of the department of health, the office of the state fire marshal, and the office of the family and children's ombuds;

(d) The child's attorney;

(e) The child's assigned guardian ad litem or court-appointed special advocate; or

(f) Others designated by the child's DCYF caseworker.

(3) You may check with your child's DCYF caseworker for guidance about sharing information with the child's teacher, counselor, doctor, respite care provider, any other professional, or others involved in the case plan.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1535, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1535, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1535, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1540 What incidents involving children must I report?

(1) You must report the following incidents immediately and in no instance later than 48 hours after the incident to your local DCYF intake staff and the child's DCYF caseworker and tribal Indian child welfare (ICW) case manager as applicable:

(a) Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care;

(b) Any time you suspect physical or sexual abuse, neglect, or exploitation of a child as required under chapter 26.44 RCW;

(d) Any disclosure by a child in care of sexual or physical abuse;

(e) Any child's suicide attempt that results in injury requiring medical treatment or hospitalization;

(f) Any use of physical restraint alleged to have been improperly applied or excessive;

(g) Physical assault between two or more children that results in injury requiring off-site medical attention or hospitalization;

(h) Physical assault of a foster parent, employee, volunteer, or others by a child in care that results in injury requiring off-site medical attention or hospitalization;

(i) Any medication given or consumed incorrectly that requires off-site medical attention; or

(j) Property damage that is a safety hazard and not immediately corrected or may affect the children's health and safety.

(2) You must report the following incidents related to a child in care as soon as possible or in no instance later than 48 hours after the incident, to the child's DCYF caseworker and tribal ICW case manager as applicable:

(a) Suicidal or homicidal thoughts, gestures, or attempts that do not require professional medical treatment;

(b) Unexpected health problems outside the usual range of reactions caused by medications that do not require professional medical attention;

(d) Any professional treatment for emergency medical or emergency psychiatric care;

(e) Physical assault between two or more children that results in injury but does not require professional medical treatment;

(f) Physical assault of a foster parent, employee, volunteer, or others by a child that results in injury but does not require professional medical treatment;

(g) Drug or alcohol use by a child in your care;

(h) Any inappropriate sexual behavior by or toward a foster child; or

(i) Use of prohibited physical restraints for behavior management.

(3) Programs that provide care to medically fragile children who have nursing care staff on duty may document the incidents described in subsection (2)(b) and (c) of this section in the facility daily logs, rather than contacting the child's DCYF caseworker or case manager, if agreed to in the child's case plan.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1540, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1540, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1540, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1540, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1545 What are my reporting responsibilities when a child is missing from care?

(1) As soon as you or your staff have reason to believe a child in your care is missing as defined in WAC 110-147-1305 or has refused to return to or remain in your care, or whose whereabouts are otherwise unknown, you are required to notify the following:

(a) The child's assigned DCYF caseworker, as appropriate;

(b) DCYF intake, if the DCYF caseworker is not available or it is after normal business hours.

(2) You are required to contact local law enforcement within six hours if the child is missing. However, if one or more of the following factors are present, you must contact law enforcement immediately:

(a) The child is believed to have been taken from placement. This means the child's whereabouts are unknown, and it is believed that the child has been concealed, detained or removed by another person;

(b) The child is believed to have been lured from placement or has left placement under circumstances that indicate the child may be at risk of physical or sexual assault or exploitation;

(d) The child has one or more physical or mental health conditions that if not treated daily, will place the child at severe risk;

(e) The child is pregnant or parenting and the infant or child is believed to be with them;

(f) The child has severe emotional problems, e.g., suicidal thoughts, that if not treated, will place the child at severe risk;

(g) The child has an intellectual and developmental disability that impairs the child's ability to care for themself;

(h) The child has a serious alcohol or substance abuse problem; or

(i) The child is at risk due to circumstances unique to that child.

(3) After contacting local law enforcement, you must also contact the national center for missing and exploited children at 1- 800-843-5678 and report the child missing from care.

(4) If the child leaves school or has an unauthorized absence from school, you should consult with the child's DCYF caseworker to assess the situation and determine when you should call law enforcement. If any of the factors listed in subsection (2)(a) through (i) of this section are present, you and the child's DCYF caseworker may decide it is appropriate to delay notification to law enforcement for up to four hours after the end of the school day to give the child the opportunity to return on their own.

(5) You must provide the following information to law enforcement and to the child's DCYF caseworker when making a missing child report, if available:

(a) When the child left;

(b) The last known location of the child;

(d) Any known behaviors or interactions that may have caused the child's departure;

(e) Possible places where the child may go;

(f) Special physical or mental health conditions or medications that affect the child's safety;

(g) Known companions who may be aware or involved in the child's absence;

(h) Other professionals, relatives, significant adults or peers who may know where the child would go; and

(i) Recent photo of the child.

(6) You must ask law enforcement for the missing person report number and provide it to the child's DCYF caseworker or staff.

(7) At any time after making an initial report you learn of a missing child's whereabouts, you must report that information to the child's DCYF caseworker.

(8) If a child is returned to your care, it is your responsibility to cancel the run report and notify all persons you have informed of the child's run.

(9) Youth participating in the extended foster care (EFC) program are exempt from these requirements. You must follow all other reporting requirements as defined in WAC 110-147-1540.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1545, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1545, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1545, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1545, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1550 What changes must I report to my licensor?

(1) You must immediately report through the licensing provider portal changes in the original licensing application. You must report changes in:

(a) Your location or designated space, including address;

(b) Your phone number;

(d) Structure of your facility or premises from events causing damage, such as a fire, or from remodeling;

(e) Addition of any new staff person, employee, intern, contractor, or volunteer, who might have unsupervised contact with the children in care;

(f) Medical illness or incapacity that may affect the ability of any of your program staff to complete their duties;

(g) Staff arrests or convictions of which you are aware, that occur between the date of your license and the expiration date of your license;

(h) Any staff changes including the executive director, program manager or supervisor, or master's level consultants;

(i) Death, retirement, or incapacity of the person who holds the license;

(j) Name of licensed corporation, or the name by which your facility is commonly known; and

(k) Your articles of incorporation and bylaws.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1550, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1550, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1550, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1555 What does the department require for my buildings and property?

(1) You must maintain your buildings, premises, and equipment in a clean and sanitary condition, free of hazards, and in good repair. You must have a working telephone at your agency at all times.

(2) All homes certified by your agency must meet the health and safety requirements outlined in:

(a) Chapter 110-148 WAC for foster homes; and

(b) Chapter 110-149 WAC for kinship homes.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-147-1555, filed 5/30/25, effective 6/30/25. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1555, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1555, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1555, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1560 What are the requirements for the prevention of the spread of infections and communicable disease?

(1) You must notify your DLR licensor if you or any adults having access to children in your care, have been exposed to someone with tuberculosis, or if a health care provider recommends testing.

(2) Retesting for license renewals is not required unless the above conditions apply.

(3) Staff with a reportable communicable disease or notifiable disease condition in an infectious stage, as defined by the department of health in chapter 246-101 WAC, must not be on duty until they have a physician's approval for returning to work.

History

WSR 18-14-078, recodified as § 110-147-1560, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1560, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1565 Are alcoholic beverages, marijuana or illegal drugs allowed at my agency?

(1) You must not have or consume alcohol, marijuana, or illegal drugs on the premises of your agency.

(2) You must not allow staff members who are under the influence of alcohol, marijuana, or illegal drugs to have contact with children in care.

History

WSR 18-14-078, recodified as § 110-147-1565, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-147-1565, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1565, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1570 Is smoking permitted around children?

(1) You must not allow your staff to smoke in your agency, in the living spaces of the homes you certify, or while transporting children.

(2) You may permit adults to smoke outdoors away from children in accordance with RCW 70.160.075.

(3) You must not provide tobacco to children.

(4) These rules do not apply to traditional or spiritual Native American or religious ceremonies involving the use of tobacco.

History

WSR 18-14-078, recodified as § 110-147-1570, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1570, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1575 Are guns allowed on a licensed facility's property?

You must not permit guns, ammunition and other weapons on the premises of your agency.

History

WSR 18-14-078, recodified as § 110-147-1575, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1575, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1580 What fire safety requirements am I required to meet?

(1) Child placing agency staff providing supervision to your certified homes must be knowledgeable about each home's emergency and evacuation plan and be able to:

(a) Operate fire extinguishers;

(b) Test smoke detectors (single station types); and

(2) If your agency does not have a sprinkler system, you must have at least one approved 2A10BC-rated 5lb or larger all-purpose (ABC) fire extinguisher readily available at your agency. You must maintain and service fire extinguishers according to manufacturer's specifications.

History

WSR 18-14-078, recodified as § 110-147-1580, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1580, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1585 Do I need a written emergency plan?

(1) You must have a written plan on how you will assist the homes you certify in case of fire or other emergencies such as natural disasters or unforeseen events. Emergency plans may change based on the developmental level and behaviors of children you serve. To ensure that medically fragile or nonambulatory children can exit safely, you can develop a plan for simulated fire drills with your licensor as per chapter 212-12 WAC.

(2) You must be prepared for emergencies such as violent or threatening persons on the premises, fires, earthquake, or power failure by having a written plan prepared that identifies how you will:

(a) Contact and assist your homes when an emergency occurs; and

(b) How you will notify the department regarding the plan, if implemented.

(3) You must inform your staff of your emergency plan and review your emergency plans with your staff quarterly.

History

WSR 18-14-078, recodified as § 110-147-1585, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1585, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1590 How does my agency meet the religious needs of children in care?

(1) You must assure an environment of tolerance and sensitivity to a child's spiritual and religious beliefs. This includes providing adequate opportunity for spiritual and religious training and participation appropriate to the child's beliefs, and not requiring any child to participate in spiritual or religious practices contrary to the child's beliefs.

(2) You must not impose consequences if a child chooses not to participate in any or specific spiritual or religious practices.

History

WSR 18-14-078, recodified as § 110-147-1590, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1590, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1595 What are the requirements about nondiscrimination?

(1) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care.

(2) You must support and engage foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, religion, culture, or SOGIE. You must connect a child with resources that supports and affirms their needs regarding race, ethnicity, religion, culture, and SOGIE.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1595, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1595, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1595, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1600 Do I need a social summary for children under my care?

(1) You must develop a written diagnostic social summary for each child accepted for care. The social summary must serve as the basis of the child's admission to your care.

(2) The social summary must be completed as soon as possible or no later than 30 days from the date of placement.

(3) The summary must contain the following information for the child:

(a) Available copies of psychological or psychiatric evaluations, if any, on the child under care;

(b) A narrative description of the child's background and family that identifies the immediate and extended family resources;

(c) Exploration of the child's relationships and the problems and behaviors that have required care away from their own home;

(d) The child's primary and alternate permanency plan;

(e) Previous placement history, if any; and

(f) An evaluation of the child's need for the particular services and type of care you provide.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-147-1600, filed 9/13/24, effective 10/14/24. WSR 18-14-078, recodified as § 110-147-1600, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1600, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1605 Do I need a treatment plan for children under my care?

(1) If you care for children under the care and authority of the department, with contracts or agreements to provide treatment or therapeutic services, you must assist in developing and implementing a written treatment plan for each child by the thirtieth day in care.

(2) The treatment plan must:

(a) Identify the service needs of the child, parent or guardian;

(b) Describe the treatment goals and strategies for achieving those goals;

(c) Include an ongoing account of the treatment received by the child and others involved in the treatment plan, such as any group treatment or individual counseling; and

(d) Be updated at least quarterly to show the progress toward meeting goals and list barriers to the permanent plan.

(3) A master's level case management staff person or consultant must review and sign approving the child's treatment plan.

History

WSR 18-14-078, recodified as § 110-147-1605, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1605, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1610 How often should the case manager contact the foster child and family?

The case manager must contact a foster child and the foster child's foster family according to a case plan that reflects the child's needs. Case managers must make in home health and safety visits as required by the department's policy. Each foster child and one or both foster parents must be seen at each visit.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1610, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1610, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1610, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1615 Can children in my care receive services through the extended foster care program?

Foster parents can serve youth enrolled in the extended foster care program. You must adhere to chapter 110-50 WAC.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1615, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1615, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1615, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1620 What are the requirements for supervising children?

(1) Your agency is responsible to provide adequate supervision at all times. You should arrange and maintain supervision of children during times of crisis when one or more family members or staff members may be unavailable to provide the necessary supervision or coverage for other children in care.

(2) When special supervision is required and agreed upon between the department and the agency, the agency must ensure the necessary supervision is being provided. This supervision may require auditory or visual supervision at all times.

(3) Prior to placement, you must inquire if a child poses a risk to the other children or has special supervision needs by obtaining information from the parent, guardian, the child's DCYF caseworker, therapist, or previous placements. You must:

(a) Develop a plan to address those needs;

(b) Obtain approval from the child's DCYF caseworker if the child is under the care and authority of the department; and

(4) All high-risk activities, including the use of power driven machines or other hazardous equipment, must be properly supervised by an adult. When participating in high-risk activities, children must:

(a) Be instructed how to use and required to use appropriate safety equipment, such as helmets and life vests; and

(b) Be in continuous visual or auditory range at all times, unless approved by the child's DCYF caseworker.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1620, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1620, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1620, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1625 What requirements must I follow when I transport children?

(1) Transportation you provide must be safe, reliable, and in compliance with law and contract requirements.

(2) The driver of the vehicle must:

(a) Have a valid driver's license; and

(b) Be covered under an automobile liability insurance policy.

(3) The vehicle must:

(a) Be kept in safe operating condition;

(b) Be equipped with seat belts, car seats and booster seats, and/or other appropriate safety devices for all passengers as required by law. All persons in the vehicle must use the restraint system when the vehicle is in motion; and

(4) There must be at least one adult other than the driver in a vehicle when:

(a) There are more than five preschool age children in the vehicle;

(b) Staffing requirements or your contract requires a second staff person; or

(5) Buses approved by the state patrol are not required to have seat belts.

History

WSR 18-14-078, recodified as § 110-147-1625, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1625, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1630 Where may I obtain a child's health history?

You may obtain the health history from the child's DCYF caseworker, parent, or guardian making the placement for all children placed in your facility.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1630, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1630, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1630, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1635 Am I required to assess a child's need for immediate medical attention?

(1) When a child first enters out-of-home care, an initial health screen is required as soon as possible, but no later than five days after entering your program.

(2) You must also make reasonable attempts to obtain the following health history:

(a) Allergies;

(b) All currently prescribed medications; and

(3) If the child remains in placement beyond 72 hours, you must contact the child's DCYF caseworker, parent, or guardian to obtain the following information:

(a) The date of the child's last physical and dental exams;

(b) Their history of immunizations; and

(4) When a child leaves your care, the health history of the child must be retained by your agency or returned to the department.

(5) You should refer to the department of health's dental care brochure, Publication Nos. 920-923 through 920-928, as guides for maintaining proper dental care for children.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1635, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1635, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1635, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1635, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1640 When must I get an early and periodic screening, diagnosis, and treatment (EPSDT) exam for a child?

(1) Children who enter out-of-home care, except for children placed by DDA through a voluntary placement agreement, must receive an EPSDT exam within 30 days, unless they have had an EPSDT exam in the previous 30 days. DCYF caseworkers will notify you when subsequent EPSDT exams are required.

(2) For children placed by DDA through a voluntary placement agreement, follow the direction of DDA regarding the need for an EPSDT exam after placement.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1640, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1640, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1640, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1645 What are the requirements for obtaining consent for emergent and routine medical care?

(1) The department is the legal custodian for children it places in care. We have the authority to consent to emergent and routine medical services on behalf of a child under the age of 18. Youth in care over the age of 18 must consent to their own medical care or have an identified person who has been granted the legal authority to consent on their behalf. We delegate some of the authority to providers. You must contact the child's DCYF caseworker or DCYF intake for specific information for each child.

(2) If you care for children in the custody of another agency, tribal court or other court, you must follow the direction of that agency or court regarding permission to provide consent for medical care.

(3) In case of medical emergency, contact the child's DCYF caseworker or DCYF intake as soon as possible.

(4) It is your responsibility to ensure that a child receives the necessary medical attention if injured or harmed. In the event of a life threatening medical emergency, you must contact 911 prior to transporting the child to a medical facility.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1645, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1645, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1645, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1650 Can I accept medication from a child's parent or guardian?

(1) The only medicine you may accept from the child's parent, guardian, or responsible relative is medicine in the original container labeled with:

(a) The child's first and last name;

(b) The date the prescription was filled;

(d) Dosage instructions for the medication that are either the manufacturer's instructions or included on the prescription label.

(2) You must notify the child's DCYF caseworker if you have any concerns about medication being provided to you by the child's parent or guardian.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1650, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1650, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1650, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1655 What nursing services must I provide?

(1) If you certify a foster home caring for chronically ill children or medically fragile children, you must arrange for regular nursing visits.

(2) These must include at least monthly visits unless a different agreement is specified in the individual child's treatment plan.

(3) The nurse must be registered and currently licensed in the state of Washington.

(4) The nurse's name, address and telephone number must be readily available to the foster parents and/or staff at the home where services are provided.

(5) The nurse must assist your agency in setting up a program that provides for regular medical check-ups and follow-up for special health care needs specified by the child's physician or your staff.

(6) The nurse must advise and assist nonmedical staff in maintaining child health records, meeting daily health needs and caring for children with minor illnesses and injuries.

History

WSR 18-14-078, recodified as § 110-147-1655, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1655, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1660 What qualifications must adoption services staff meet?

(1) Your agency must have staff serving in the roles of executive director, program manager, and case managers as identified in WAC 110-147-1440 through 110-148-1490.

(2) Staff may serve in multiple roles, but must meet the qualifications of each program role.

(3) Agencies providing intercountry adoptions must also have an individual on staff with experience in providing intercountry adoptions.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1660, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1660, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1660, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1665 What staff training must I provide?

(1) You must have a preservice training plan of at least sixteen hours for new staff that includes:

(a) Relevant state law;

(b) Agency goals, ethical and professional guidelines, organizational lines of accountability, policies and procedures;

(d) Potential short and long term effects of prenatal exposure to alcohol, drugs and poor nutrition;

(e) The potential effects of separation and loss by the child in respect to their family of origin;

(f) The process of developing emotional ties to an adoptive family;

(g) Attachment and post-traumatic stress disorders;

(h) Normal child and adolescent development;

(i) The potential effects of abuse, neglect and institutionalization on child development;

(j) The potential issues of race and culture;

(k) The emotional adjustment of adopted children and their families;

(l) Open adoption, benefits of continued relations with siblings;

(m) Adoption support;

(n) The most frequent medical and psychological problems experienced by children from the countries of origin you serve;

(o) Acculturation and assimilation issues, including those that arise from race, ethnicity, religion, and culture; and

(p) Child, adolescent and adult development as affected by adoption.

(2) If you provide intercountry adoption services, there is additional training required. Preservice training must also include:

(a) The requirements of the Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption, the federal Intercountry Adoption Act of 2000, Public Law 106-279, Immigration and Nationality Act and the applicable Code of Federal Regulations;

(b) The adoption laws of any country where your agency provides adoption services;

(d) The effects of having been adopted internationally;

(e) Factors in the countries of origin that lead to children needing adoptive families; and

(f) Outcomes for children placed for adoption internationally.

(3) Employees may be exempt from elements of the intercountry adoption services training requirements when the employee has demonstrated experience with intercountry adoption and knowledge of the Hague Convention and the Intercountry Adoption Act of 2000.

(4) You must have a written in-service training program of at least fifteen hours annually that includes current and emerging adoption practice issues. If you provide specialized adoption services, such as interstate adoption services or adoption services for children with special needs, you must have a written in-service training program for staff for the specialized adoption services you provide.

History

WSR 18-14-078, recodified as § 110-147-1665, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1665, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1670 What are the requirements for providing adoptive services?

(1) If you plan to provide adoption services you must meet the requirements for a child placing agency outlined in this chapter.

(2) You must comply with federal and state adoption and adoption support laws and policies.

(3) You must provide adoptive applicants with the following:

(a) Information about the adoption process as outlined in this chapter, as well as your agency's policies, practices and legal procedures;

(b) The needs and characteristics of children available for adoption and the challenges and parenting practices that best meet those needs;

(d) Information about the adoptive applicant's right to have legal counsel that is not associated with, and independent of, your agency.

(4) You must document that you provided this information to the adoptive applicant(s) in their file.

(5) You must prepare the potential adoptive family for placement of a specific child by locating and providing information about the child and the birth family to the prospective adoptive family provided under federal and state statute.

(6) You must accept or deny an adoption application and give the applicant(s) an explanation for your decision.

History

WSR 18-14-078, recodified as § 110-147-1670, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1670, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1675 Do I need to provide potential adoptive families with a program description?

(1) You must provide a written program description to families that includes the following:

(a) Services you provide prior to and after placement and/or adoption;

(b) Your application and training requirements;

(c) How your agency will identify children needing adoptive placements, the diverse needs of those children (behavioral challenges, disabilities, medical needs, etc.), and how children will be matched to families.

(d) Post-adoption supports available, including financial support;

(e) The process of adoption from beginning to end;

(f) The expected waiting period prior to adoption;

(g) Your medical history disclosure procedures; and

(h) A copy of your contract.

(2) You must provide each applicant in writing with federal adoption tax credit information.

(3) You must provide written grievance procedures to the adoptive applicant(s). These must include grievance procedures in the event that the home study is denied or a particular child is not placed.

History

WSR 18-14-078, recodified as § 110-147-1675, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1675, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1680 What information regarding fees must I share with my applicants?

You must advise each applicant in writing about your agency fees including:

(1) All fees and charges associated with the cost of adoption;

(2) A description of each fee including in-state, out-of-state and international expenses and fees;

(3) All other miscellaneous expenses associated with the adoption process such as:

(a) Home study fees;

(b) Childcare expenses prior to adoption;

(d) Third-party fees;

(e) Estimated travel and accommodation expenses; and

(f) Nonrefundable fees.

History

WSR 18-14-078, recodified as § 110-147-1680, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1680, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1685 What are the requirements regarding contacts with each adoptive placement prior to adoption?

You must have face-to-face post placement contact with each child and adoptive parents at least once every thirty days until the adoption is finalized. Contact may include a home or office visit, and must be in person.

History

WSR 18-14-078, recodified as § 110-147-1685, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1685, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1690 What steps must I take prior to entering into a contract with an adoptive applicant?

(1) The applicant must submit an application to your agency.

(2) You must complete an adoption home study as outlined in WAC 110-147-1695.

(3) Once you have approved an application, but before you sign a contract for services, you must give the applicants a written statement about:

(a) The adoption agency's fixed fees and fixed charges to be paid by the applicant per WAC 110-147-1680;

(b) An estimate of fixed fees or additional itemized expenses to be paid by applicant; and

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1690, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1690, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1690, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1695 What must I include in an adoption home study?

(1) Your staff must complete an adoptive home study (preplacement report) with the participation of the applicant(s). Contact with the applicant must include a minimum of three in-person contacts that include:

(a) An individual interview with each applicant parent and with each member of the applicant's household, including children;

(b) A joint interview with the couple, if the family is a two parent household; and

(2) For the study, your staff must gather information about and assess the following:

(a) The suitability and fitness of the applicant(s) to be adoptive parent(s), including completed background checks of the applicant(s); and

(b) Identification of child characteristics for which the applicant or applicants are best suited.

(3) As required in RCW 26.33.190(2), you must document that your agency discussed with the applicant(s) the following:

(a) The concept of adoption as a lifelong developmental process and commitment;

(b) Relevance of the child's relationship with siblings and the potential benefit to the child for providing for continuing relationship and contact between the child and known siblings;

(d) The child's possible questions about birth parents and relatives;

(e) Potential for the child to have feelings of identity confusion and loss regarding separation from the birth parents; and

(f) The relevance of a child's racial, ethnic and cultural heritage.

(4) The home study must identify the sources for the information gathered, and include the elements in subsection (1) through (3) in this section as well as the following:

(a) A background check as required in RCW 26.33.190(3) that includes the examination of state and federal criminal history check(s) and child abuse and neglect check(s);

(b) Whether the applicant previously applied for an adoption home study from any entity, review of the completed home studies and the outcome of the application(s); and

(c) References gathered throughout the assessment process, including references from each of the applicant's adult children or documentation of your diligent efforts to contact the adult children. A minimum of three references, with no more than one relative, are required.

(5) A supervisor must sign for approval and denial of the adoption home study.

(6) Your staff must reevaluate the applicant(s) suitability for adopting a child each time an adoptive placement is considered.

History

WSR 18-14-078, recodified as § 110-147-1695, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-147-1695, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1695, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1700 What steps must I take to place a child for adoption?

(1) Your staff must prepare the adoptive parent(s) for placement of a specific child by:

(a) Locating and providing information about the child and the birth family to the prospective adoptive family provided under the federal and state statute; and

(b) Developing a transition plan for the child into the family, including preparing for adjustment issues, given the child's background.

(2) You must file preplacement (home study) reports with the court as required by RCW 26.33.180 through 26.33.190.

History

WSR 18-14-078, recodified as § 110-147-1700, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1700, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1705 What requirements must I meet to provide specialized adoption services?

(1) Specialized adoptive services are intercountry adoption, interstate adoption and adoptions for children with special needs such as intellectual and developmental disabilities or emotional disabilities.

(2) If your agency is providing specialized adoptive services, you must have supervisory staff with specialized training in the particular area of adoption that you want to provide.

(3) If you are facilitating the adoptive placement of children who have special needs, you must have adoptive families who are able to meet the children's special needs, such as behavioral disturbance, medical problems or intellectual and developmental disabilities.

History

WSR 18-14-078, recodified as § 110-147-1705, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1705, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1710 How will the department process a complaint against my agency?

(1) If there is a complaint filed against you or your agency we will investigate to determine if you have violated the Washington Administrative Code and whether you have complied with your approved program description.

(2) Families adopting internationally may file complaints with the Hague Convention Complaint Registry with the federal government.

History

WSR 18-14-078, recodified as § 110-147-1710, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1710, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1715 Are there additional requirements for international adoptions?

If you provide international adoption services to countries party to the Hague Convention, you must also be accredited by a federal Department of State accrediting entity and supply a copy of the accreditation certificate to your licensor.

History

WSR 18-14-078, recodified as § 110-147-1715, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1715, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1720 How do I maintain children's records?

(1) Your CPA must retain a record of each child you place in permanent custody. This record must contain all available identifying legal, medical, and social information and must be kept confidential, as required by chapter 26.33 RCW. Children's records must never be submitted to the department through the licensing provider portal.

(2) If your agency closes, you must make arrangements for a period of 99 years for the retention of adopted children's records who were not in the custody of the department. You must inform your LD regional licensor about the closure of your agency and where these children's records will be kept.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-147-1720, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-147-1720, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1720, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1725 What training must I provide prospective adoptive parents?

(1) You must provide a minimum of ten hours of training before approval of a home study that includes at least the following:

(a) The rights and responsibilities of adoptive parents and the adoption agency;

(b) The potential risks and challenges inherent in adoption;

(d) Attachment, separation and loss issues for children and families, including attachment disorders and other emotional problems that institutionalized or traumatized children may experience;

(e) The importance of cultural and ethnic identity to the child and ways to foster these identities;

(f) The long term implications for a family that has become multicultural through adoption; and

(g) The effects of adoption on the child and family.

(2) Training to prepare the adoptive family for a particular child must also be provided. This training must include the child's:

(a) Cultural, racial, religious, ethnic and linguistic background;

(b) Medical, social, birth and developmental history; and

History

WSR 18-14-078, recodified as § 110-147-1725, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1725, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-147-1730 What must I include in a post placement report?

(1) You must include at a minimum, the following information in the post placement report:

(a) All reasonably available information about the child's:

(i) Physical and mental condition;

(ii) Home environment;

(iii) Family life, health, and family constellation; and

(iv) Facilities where the child has resided.

(b) If relevant, information on the child's special cultural heritage, including membership in any Indian tribe or band;

(d) Follow up contacts with personal references for the adoptive parents;

(e) A review of the family's discipline practices, done independently with the family and the child, if the child is age appropriate for an interview; and

(f) Documentation of your home visits, including one within the first thirty days following placement.

(2) If the placement appears likely to disrupt, you must document your efforts to provide necessary services to preserve the placement if appropriate. If disruption occurs, you must document your efforts to provide a new placement for the child.

History

WSR 18-14-078, recodified as § 110-147-1730, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-147-1730, filed 12/11/14, effective 1/11/15.

Chapter 110-148 Licensing requirements for child foster homes.

Wash. Admin. Code § 110-148-1300 What is the purpose of this chapter?

(1) This chapter contains licensing requirements for all foster homes licensed directly by the department or certified through a child placing agency. Unless noted otherwise, these requirements apply to you if you are licensed to provide foster care.

(2) Licensing requirements are designed to ensure children who are in foster care are safe, healthy and protected from all forms of child abuse and neglect according to RCW 26.44.020(1) and chapter 110-30 WAC.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1300, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1300, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1300, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1305 What definitions do I need to know to understand this chapter?

The following definitions are for the purpose of this chapter and are important to understanding these requirements:

"Abuse or neglect" means the injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child as defined in RCW 26.44.020.

"Adult" means a person 18 years of age and older, not in the care of the department.

"Agency" is defined in RCW 74.15.020(1).

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Capacity" means the age range and maximum number of children on your current license.

"Care provider" means any person who is licensed or authorized to provide care for children, and cleared to have unsupervised access to children under the authority of a license.

"Case manager" means the private agency employee who coordinates the planning efforts of all the persons working on behalf of a child.

"Case plan" means a written document adhered to and followed by a foster child's parent or parents, foster parent or parents, the department, and all other caregivers. A case plan may include, but is not limited to:

(a) A description of the type of home or facility in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the department plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child;

(b) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents' home, facilitate return of the child to their own safe home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan;

(i) The names and addresses of the child's health and educational providers;

(ii) The child's grade level performance;

(iii) The child's school record;

(iv) A record of the child's immunizations;

(v) The child's known medical conditions;

(vi) The child's medications; and

(vii) Any other relevant health and education information concerning the child determined to be appropriate by the department;

(d) Relevant professional assessments of the child;

(e) Court orders concerning the child; and

(f) Any other relevant plan, assessment, knowledge, material, or information concerning the child determined to be appropriate by the department.

"Caseworker" means the primary agency worker assigned to the child through DCYF or another government agency.

"Certification" means either:

(a) Our review of whether you meet the licensing requirements, even though you do not need to be licensed; or

(b) A licensed child placing agency (CPA) representing that a foster home being supervised by that CPA meets licensing requirements. The final decision for licensing is the responsibility of DCYF.

"Chapter" means chapter 110-148 WAC.

"Child," "children," or "youth" for this chapter, means a person who is one of the following:

(a) Under 18 years of age;

(b) Up to 21 years of age and enrolled in services through department of social and health services, developmental disabilities administration (DDA) the day prior to his or her 18th birthday and pursuing either a high school or equivalency course of study (GED/HSEC), or vocational program;

(d) Up to 21 years of age with intellectual and developmental disabilities;

(e) Up to 25 years of age and under the custody of juvenile rehabilitation.

"Child welfare" or "CW" means the division of child welfare within DCYF. CW provides case management to children and families involved in the child welfare system.

"Compliance agreement" means a written improvement plan to address the changes needed to meet licensing requirements.

"DDA" means the department of social and health services, developmental disabilities administration.

"Department of children, youth, and families (DCYF)" or "department" means the Washington state department of children, youth, and families.

"Developmental disability" is a disability as defined in RCW 71A.10.020.

"FBI" means the Federal Bureau of Investigation.

"Foster home or foster family home" means a person(s) licensed to regularly provide 24-hour care in their home to children.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Guardian" has the same meaning in this chapter as defined in RCW 26.33.020(11).

"Guns or weapons" means any device intended to shoot projectiles under pressure or that can be used to attack. These include but are not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.

"Hearing" means the administrative review process conducted by an administrative law judge.

"I, my, you, and your" refers to an applicant for a license issued under this chapter, and to any party holding a license under this chapter.

"Infant" means a child less than 12 months of age.

"Intellectual and developmental disability" means children with deficits in general mental abilities and impairment in everyday adaptive functioning.

"Lesbian" means females or women who have an emotional or physical attraction for other females or women.

"License" means a permit issued by us confirming that you and your home meet the licensing standards established in this chapter.

"Licensed health care provider" means a medical doctor (MD), doctor of osteopathy (DO), doctor of naturopathy (ND), physician's assistant (PA), or an advanced registered nurse practitioner (ARNP).

"Licensing division (LD)" means the division within DCYF that licenses and monitors foster homes, child placing agencies, and licensed group care facilities.

"Licensor" means either:

(a) A LD employee who recommends approvals for, or monitors licenses or certifications for facilities and agencies established under this chapter; or

(b) An employee of a CPA who certifies or monitors foster homes supervised by the CPA.

"Maternity services" as defined in RCW 74.15.020. These are also referred to as pregnant and parenting youth programs.

"Medically fragile" means the condition of a child who requires the availability of 24-hour skilled care from a health care professional or specially trained family or foster family member. These conditions may be present all the time or frequently occurring. If the technology, support, and services being received by the medically fragile children are interrupted or denied, the child may, without immediate health care intervention, experience death.

"Missing child" means any child less than 18 years of age in licensed care or under the care, custody, and authority of DCYF and the child's whereabouts are unknown or the child has left care without the permission of the child's caregiver or DCYF. This does not include children in dependency guardianship.

"Nonambulatory" means not able to walk or exit to safety without the physical assistance of another individual.

"Out-of-home placement" means a child's placement in a home or facility other than the home of a child's parent, guardian, or legal custodian.

"Parent" has the same meaning in this chapter as defined in RCW 26.26A.010(15).

"Probationary license" means a license issued as part of a corrective action to an individual or agency that has previously been issued a full license but is out of compliance with minimum licensing requirements and has entered into an agreement aimed at correcting deficiencies.

"Professional therapeutic foster care (PTFC)" means a foster home that is certified by a CPA to provide PTFC services.

"Property or premises" means your buildings and grounds adjacent to your residential property that are owned or managed by you.

"Psychotropic medication" means a type of medicine prescribed to affect or alter thought processes, mood, sleep, or behavior. These include anti-psychotic, anti-depressant, and anti-anxiety medications.

"Queer" is a term used to express LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Relative" means a person who is related to a child as defined in RCW 74.15.020.

"Respite" means brief, temporary relief care provided by an in-home or out-of-home provider paid by the department. The respite provider fulfills some or all of the care provider responsibilities for a short time.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"SOGIE" is an acronym for sexual orientation, gender identity, and expression which are distinct identifiers everyone has. LGBTQIA+ is a subdistinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals.

"Treatment plan" means individual plans that identify the service needs of the child, including the child's parent or guardian, and identifies the treatment goals and strategies for achieving those goals.

"Two-Spirit" means a modern, pan-indigenous umbrella term used by some indigenous North Americans to describe Native people in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being Two-Spirit does not imply any specific sexual orientation.

"Washington state patrol fire protection bureau or WSP/FPB" means the state fire marshal.

"We, our, and us" refers to the department of children, youth, and families, including LD and CW staff.

"Young child" refers to a child age 12 months through eight years old.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1305, filed 8/28/24, effective 9/28/24. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1305, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1305, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-148-1305, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1305, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1305, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1310 Am I required to have a license to provide care to children?

History

WSR 18-14-078, recodified as § 110-148-1310, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1310, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1315 How is an application submitted?

(1) You must complete your licensing application packet with all LD required documents within 90 days of submitting the application and background authorization forms to the department.

(2) If you do not meet this 90-day deadline, your licensor may withdraw your application.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1315, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1315, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1315, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1320 When will the department grant me a foster family license?

(1) We issue you a license when you and everyone in your household meet the licensing requirements contained in this chapter, and all required documents are in the licensing file. In addition, you must maintain all requirements in this chapter and provide verification to your licensor, if requested.

(2) You and other caregivers over the age of 18 must:

(a) Complete first aid and age-appropriate, adult or infant, cardiopulmonary resuscitation (CPR) training. Training must be department approved and accredited with nationally recognized standards; and

(b) Complete bloodborne pathogens training including infection control standards consistent with educational materials published by the department of health.

(3) You, your household members, individuals living on any part of your property, and anyone else having unsupervised contact with your foster children must pass a background check, as required by chapter 110-04 WAC:

(a) Anyone 16 years old or older must pass a background check;

(b) Anyone younger than 16 years old must pass a background check if the department determines one is warranted to ensure the safety of a child;

(c) Anyone 18 years old or older must pass an FBI fingerprint-based background check, unless the individual is unable to obtain fingerprints due to a mental or physical disability and can provide documentation of such disability to the department; and

(d) Anyone 18 years old or older must complete a child abuse and neglect registry check from each state they have lived in over the past five years indicating:

(i) No license denials or revocations from an agency that regulates the care of children or vulnerable adults, unless the department determines that you do not pose a risk to a child's health, safety, well-being and long-term stability; and

(ii) No finding or substantiation of abuse or neglect of a child or a vulnerable adult, unless the department determines that you do not pose a risk to a child's safety, well-being, and long-term stability.

(4) You and your household members over the age of 18 must complete a tuberculosis (TB) screening. The department may require a medical evaluation or TB test that is a purified protein derivative skin test or a blood test, based on the results of the TB screening. If there is a positive evaluation or TB test, then the individual must submit a physician's statement identifying that there is no active TB or risk of contagion to children in care.

(5) For any children living in the household not receiving out-of-home care, you must have proof of current immunizations for all vaccine-preventable diseases detailed in WAC 246-105-030. For all children not receiving out-of-home care, we may grant a medical exception to this requirement if the immunization is contrary to the child's health as documented by a licensed health care provider on a certificate of exemption.

(6) You and all household members must have pertussis and influenza immunizations to serve foster children who are:

(a) Under the age of two; or

(b) Medically fragile as defined in WAC 110-148-1305.

(c) A medical exception may be granted if the immunization is contrary to your or the household member's health as documented by a licensed health care provider.

(7) Before granting or renewing a license, your licensor will assess your ability to provide a safe home and to provide the quality of care needed by children placed in your home. Your licensor will also determine that you meet training requirements.

(8) Foster children under the care and authority of the department living in your home do not need to obtain a criminal history check, FBI fingerprint check, or TB test.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1320, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1320, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1320, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832, and 2017 c 20 § 4. WSR 18-05-037, § 388-148-1320, filed 2/13/18, effective 3/16/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, and 74.13.031. WSR 16-01-121, § 388-148-1320, filed 12/18/15, effective 1/18/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1320, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1321 May I request a provisional expedited foster family license?

(1) You may request a provisional expedited foster family license if you meet all of the following requirements:

(a) You have been licensed to provide foster care within the previous five years;

(b) You have not had your foster care license closed due to a denial, revocation, or an agreement to relinquish;

(c) You reside in the same home in which you previously held a foster care license and no additional individuals have moved into your home;

(d) You are applying for an expedited license that will be supervised by the same agency that previously licensed or certified you and the agency agrees to supervise your home; and

(e) You and all household members age sixteen years old and older have passed the required background check for this provisional expedited foster family license.

(2) To initiate a provisional expedited license, you must submit a completed expedited license application and completed background check authorization forms for all household members who are sixteen years old and older to DLR or a licensed child-placing agency.

(3) In order for your full license to be processed you must submit your licensing application packet within fourteen days. Application packets are available from DLR and licensed child-placing agencies.

(4) You will be issued a provisional expedited foster family license if you have submitted the policy agreements and all of the required household members in your home have passed the required background check. The provisional expedited foster family license will be issued for ninety days and will close after ninety days.

(5) Your licensing or certifying agency will continue to work with you and make every effort to ensure that individuals qualified for and seeking a provisional expedited foster family license may become fully foster care licensed within forty days of the department's receipt of a complete application for a provisional expedited foster family license.

(6) You do not have the right to appeal the department's decision that you do not meet the criteria for a provisional expedited foster family license.

History

WSR 18-14-078, recodified as § 110-148-1321, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832, and 2017 c 20 § 4. WSR 18-05-037, § 388-148-1321, filed 2/13/18, effective 3/16/18.

Wash. Admin. Code § 110-148-1325 How is a license issued and where is it kept?

(1) We will issue a foster family license for the name and address shown on your application when requirements have been met. If you move, we must visit your new home to determine whether you continue to meet licensing requirements. Your license cannot be transferred to someone else.

(2) Your license is issued for a three-year period.

(3) You must keep your foster family license at your home available for viewing if requested.

History

WSR 18-14-078, recodified as § 110-148-1325, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1325, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1330 May I receive more than one in-home family license and what are the requirements for requesting and holding multiple licenses, certifications, or authorizations?

(1) The department may approve licensees' request to have more than one department license, certification, or authorization, e.g., child care license and foster care license.

(2) If providers hold both a child care license and a foster care license, the providers must comply with WAC 110-300-0300 and develop and follow a written individual care plan for every child in care with developmental, health, or behavioral needs.

(3) To offer overnight child care, licensees who hold both a child care early learning program license authorized under chapter 110-300 WAC, and a foster family home license authorized under this chapter, must comply with:

(a) WAC 110-300-0270; and

(b) All other applicable rules under this chapter and chapter 110-300 WAC.

(4) Applicants must submit a complete licensing application for each license they are seeking:

(a) The license application must be completed by the applicant pursuant to the laws and rules that govern each license; and

(b) For applicants who apply for more than one license, the department must conduct an individualized assessment of each complete license application prior to approving or denying an application for any license, certification, or authorization requested by the applicant.

(5) When requests are received for multiple licenses, the department will determine the capacity limits for each license based on the requirements in:

(a) Title 110 WAC; and

(b) The chapter within Title 110 WAC that authorizes the license.

(6) If the department determines that licensees are not in compliance with all applicable requirements and regulations for any license, certification, or authorization:

(a) The department and licensees may mutually agree to amend one or more of the licenses, certifications, or authorizations;

(b) The licensees may voluntarily agree to surrender or relinquish one or more of the licenses, certifications, or authorizations to the department; or

(c) The department may issue fines or suspend, deny, modify, or revoke one or more of the licenses as outlined in RCW 43.216.325 and 74.15.130.

History

Statutory Authority: RCW 74.15.030, 43.216.055, 43.216.065, and 43.216.250. WSR 24-17-063, § 110-148-1330, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1330, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1330, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1330, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1335 What happens when licensing requirements differ from contract requirements?

You may also hold a contract with the state to provide services. When contract or other statutory requirements differ from licensing, you must meet the highest standard.

History

WSR 18-14-078, recodified as § 110-148-1335, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1335, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1340 What do I do to renew my license?

(1) As a courtesy, a renewal notice will be sent to you 90 days prior to your license expiration date. If you do not receive this renewal notice it is your responsibility to contact your licensor.

(2) You must send the application and background authorization form to renew your license prior to the expiration date of your current license. Your license may be closed if we do not receive your application prior to your license expiration date.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1340, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1340, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1340, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1345 Who must have access to my home?

The department (and, if you are supervised by a CPA, CPA representatives) must have access to your premises, foster children, and documents related to foster children in your care.

History

WSR 18-14-078, recodified as § 110-148-1345, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1345, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1350 What are the roles of the department and the CPA?

(1) We have the legal authority to license homes for the care of children in out-of-home placement. You may choose to be supervised by us, or by a CPA.

(2) We license CPAs, including tribal CPAs, to supervise foster homes. The CPA is authorized to certify to the department that you meet the licensing requirements contained in this chapter.

(3) A CPA has the discretion whether or not to certify you. If you disagree with a CPA's decision, you must abide by the CPA's grievance process to challenge the decision.

(4) A CPA may, at their discretion, have additional requirements for you to become and remain a licensed foster home under their supervision.

(5) The department has the final approval for licensing you, if you are certified by a CPA.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1350, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1350, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1350, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1355 Can I be licensed as a foster home if I also work for a CPA or DCYF?

(1) If you or your relatives work for a CPA in the roles of administration, supervision, foster home certification, placement, payment authorization, or case management, you may not be certified by that CPA as a foster home.

(2) If you go to work for the agency that has already certified your home, and you serve in one of these roles, you must be recertified through another agency or become licensed directly by the department within six months of employment.

(3) You or your relatives may not have financial interest in an agency and be licensed or certified by that agency.

(4) If you or your relative works for DCYF, you must follow department policy regarding licensure.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1355, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1355, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1355, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1360 When may I be certified to provide care to children?

(1) When you meet the licensing requirements, you may apply to us for certification of your home, rather than a license, if the following conditions apply:

(a) You are exempt from needing a license (per chapter 74.15 RCW), and you wish to serve department-funded children; or

(b) You are licensed by authority of an Indian tribe within the state under RCW 74.15.190.

History

WSR 18-14-078, recodified as § 110-148-1360, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1360, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1365 What are the personal requirements for foster parents?

(1) You must be at least 21 years old to apply for a license.

(2) You must demonstrate you have:

(a) The understanding, ability, physical health, emotional stability, and personality suited to meet the physical, mental, emotional, cultural, and social needs of children under your care;

(b) Sufficient regular income to maintain your own family, without foster care reimbursement unless you are an approved PTFC home as outlined in WAC 110-148-1366; and

(3) You must comply with the case plan for the children in your care.

(4) You must not use drugs or alcohol, whether legal or illegal, in a manner that affects your ability to provide safe care to children.

(5) You and everyone residing on your premises or who you allow to have unsupervised access to children must demonstrate they can provide children with a nurturing, respectful, and supportive environment.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1365, filed 8/28/24, effective 9/28/24. Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1365, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1365, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1365, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-148-1365, filed 5/23/18, effective 6/23/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1365, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1365, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1366 What are the qualifications to provide PTFC services?

(1) You must be a licensed foster parent through a CPA; and

(2) You must meet the requirements specified in the PTFC contract.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1366, filed 8/28/24, effective 9/28/24.

Wash. Admin. Code § 110-148-1367 What happens if I am applying to provide PTFC services and I do not have sufficient income?

The department may issue you a license if you meet all other PTFC requirements but lack sufficient income to provide general foster care.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1367, filed 8/28/24, effective 9/28/24.

Wash. Admin. Code § 110-148-1368 What happens if I stop providing PTFC services?

If you are approved as a PTFC home and stop providing PTFC services within the contracted time frame:

(1) You must inform the CPA and the department; and

(2) The department must:

(a) Place you in no referral status; and

(b) Not place any additional children in the home until you provide income verification that meets the requirements for general foster care in WAC 110-148-1365 (2)(b).

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1368, filed 8/28/24, effective 9/28/24.

Wash. Admin. Code § 110-148-1370 What kinds of assessments are included in the licensing process?

(1) The department or CPA will assess you for a foster family license. This will include, but is not limited to:

(a) Your ability to comply with the licensing requirements;

(b) The physical condition of your home and property;

(d) Your ability to provide sufficient income to meet the financial needs of your family without the foster care reimbursements for foster children in your care, unless you are an approved PTFC home.

(2) At any time, we may require:

(a) You or someone in your house to give additional information; or

(b) An evaluation of your home or property, or of a person in your home, by an evaluator or provider approved by the department.

(3) Evaluations requested by the department will be at your expense.

(4) You must give the evaluator written permission to share information with us throughout the evaluation process.

History

Statutory Authority: RCW 34.05.220, 43.216.020, and 43.216.065. WSR 24-18-052, § 110-148-1370, filed 8/28/24, effective 9/28/24. WSR 18-14-078, recodified as § 110-148-1370, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1370, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1375 What training am I required to have before I become licensed?

(1) Before you are licensed for the first time, preservice training will be required for, at a minimum, the primary caregiver in your home.

(2) All members of the household over the age of 18 who provide care must have and maintain the following training:

(a) First aid;

(b) Age appropriate cardiopulmonary resuscitation (CPR); and

(c) Bloodborne pathogens and infection control standards consistent with educational materials published by the department of health.

(3) The department-approved first aid and CPR training must be accredited with nationally recognized standards. It also must include an in-person exercise demonstrating that you are capable of performing CPR.

(4) You must keep records in your home showing completed current first-aid and age appropriate CPR training for all care providers.

(5) Training for CPR is not required if you have a statement from a physician that the training is not advised for medical reasons. In that case, another person with current CPR training must be on the premises when children are present.

(6) Applicants with current and active medical licenses or certificates; nurses, physicians and EMS personnel, may submit their licenses or certificates to satisfy the first aid, CPR, and bloodborne pathogens requirement.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1375, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1375, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1375, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1380 What training must I complete after I am licensed?

(1) You and your licensor must develop an individual in-service training plan pursuant to the department's foster home training policy. The training plan will be based on the type of children in your care and your previous training and experience.

(2) If you fail to complete your training requirements, we may take corrective action by:

(a) Delaying your foster care renewal license until the requirements are met;

(b) No longer placing children in your home; or

(3) We may modify training plans at any time and we may require specific training given the needs of the foster children placed in your home.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1380, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1380, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1380, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1385 How do you decide the capacity for my home?

(1) We will identify the maximum number, age range, and gender of children that may be placed with you. We will base this on your skills, the number of care providers, the physical accommodations in your home, and the needs of the children placed in your home.

(2) The maximum number of children in a licensed foster home is:

(a) Six children in a home licensed with two caregivers. This includes your own children under the age of 18, and children in foster or respite care;

(b) Four children, in a home licensed with one caregiver. This includes your own children under the age of 18, and children in foster or respite care;

(c) If you already have the maximum number of your own children as specified in (a) or (b) in this subsection, you may be licensed for one foster child at our discretion if you meet the other licensing requirements.

(3) If you reach maximum capacity during licensure because you give birth or adopt, your licensor will determine your home's suitability for one additional child.

(4) At any one time you may care for not more than:

(a) Two children less than two years of age or who are nonambulatory, including your own children; or

(b) Four children with intellectual and developmental disabilities as defined in RCW 71A.10.020; or

(c) Three medically fragile foster children who need semi-skilled maintenance or supportive services. You must have the qualified training and experience to provide proper care.

(5) You may have placement of a teen parent and their child. Both the teen parent and their child do not have to be in the custody of the department or a CPA, however, they will count towards your maximum capacity.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1385, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1385, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1385, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1390 Can I accept children outside the limitations of my license?

(1) We have the discretion to allow you to temporarily exceed your capacity. The placement must be in the best interest of the child and may not affect the health and safety of other children in the home.

(2) If your home is licensed for six foster children, LD will not allow you to exceed your capacity, except to allow:

(a) Parenting youths in foster care to remain with their children;

(b) Siblings to remain together;

(d) A family with the necessary special training or skills to provide care to a child who has a severe disability.

(3) The approval must be in writing and we may require a written plan for additional supervision or other requirements before granting approval.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1390, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1390, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1390, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1390, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1395 Do I have to admit or retain all children?

(1) You have the right to decline, to admit, or keep a child in your home, unless your decision violates the Washington state law against discrimination, chapter 49.60 RCW. For example, a provider must not decline a child because of the child's actual or perceived race, ethnicity, religion, sexual orientation, gender identity, or SOGIE.

(2) Individual CPA programs may have contracts that specify a child cannot be denied admission.

(3) You do not have the authority to move a child to another home, either temporarily or permanently, without the consent of the child's DCYF caseworker or the CPA case manager. This does not include temporary visits under 72 hours. You must also comply with travel requirements in WAC 110-148-1435.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1395, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1395, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1395, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1400 What services must I provide for medically fragile children and children with intellectual and developmental disabilities?

(1) If you care for medically fragile children and children with intellectual and developmental disabilities, you must ensure the following services are provided, if prescribed by a physician:

(a) An individualized treatment plan suited to the unique needs of each child in care; and

(b) Care by physicians, including surgeons, general and family practitioners, and specialists related to the child's particular diagnosis.

History

WSR 18-14-078, recodified as § 110-148-1400, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1400, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1405 What are the requirements for keeping children's records?

(1) When a child is placed in your foster home, you must keep the child's records in your home. You should have the following information, if available:

(a) The child's name, birth date, and legal status;

(b) Name and telephone number of the DCYF caseworker or case manager for each child in care;

(d) Information on specific cultural needs of the child including a cultural plan for native children with input from the child's tribe, if appropriate;

(e) The child's medical history including any medical problems, name of doctor(s), type of medical coverage and provider;

(f) The child's mental health history and any current mental health, chemical dependency, and behavioral issues, including medical and psychological reports;

(g) The child's individualized family service plan;

(h) A written list of all prescription medications for the children in your care;

(i) Dental care provider;

(j) Immunizations records;

(k) Child's school records, report cards, school pictures, 504 plans, and individual education plans (IEP);

(l) Special instructions including supervision requirements and suggestions for managing problem behavior;

(m) Inventory of the child's personal belongings;

(n) The child's visitation plan;

(o) Written consent for providing medical care and emergency surgery, as authorized by a court order; and

(p) Names, addresses, and telephone numbers of persons authorized to take the child in care out of your home.

(2) Foster parents are encouraged to obtain a copy of the child's court order or voluntary placement agreement that gives approval to place the child, and the child's case plan from the child's DCYF caseworker.

(3) At the end of the child's placement, you must return reports and information about the child or the child's family to the child's DCYF caseworker or case manager, or the child's next placement at the discretion of the child's DCYF caseworker or case manager.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1405, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1405, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1405, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1410 What information is confidential and what information can I share about a child or a child's family?

(1) Information about a child or the child's family is confidential and must only be shared with people directly involved in caring for a child on a need to know basis, or involved in the case plan for a child. You may discuss information about the child, the child's family and the case plan only with:

(a) Our representatives, including DCYF's LD and CW staff;

(b) Department of health, department of social and health services, office of the state fire marshal and the office of the family and children's ombuds;

(d) A child's tribal social services worker;

(e) Treatment and service providers identified in the child's case plan or with permission of the child's DCYF caseworker; and

(f) The child's guardian ad litem, court-appointed special advocate and attorney.

(2) You may check with your child's DCYF caseworker for guidance about sharing information with the child's parent or guardian, teacher, counselor, doctor and others involved in the child's case plan.

(3) Child placing agencies and the department must share information about the child and child's family related to the case plan with you so that you can meet the child's needs.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1410, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1410, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1410, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1415 Where can I get a child's health history?

(1) You may get the health history and immunization record from the DCYF caseworker or CPA making the placement for all children placed in your home. The health history should include:

(a) The date of the child's last physical and dental examination;

(b) Allergies;

(d) A history of immunizations;

(e) Clinical and medical diagnoses and treatment plans; and

(f) All currently prescribed medications.

(2) When leaving the foster home, the health history of the child must go with the child to the next placement or be returned to the child's DCYF caseworker or CPA case manager.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1415, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1415, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1415, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1420 What incidents involving children must I report?

(1) You must report the following immediately and in no instance later than 48 hours after the incident to your local DCYF intake staff and the DCYF caseworker or CPA case manager and child's tribal Indian child welfare (ICW) case manager as applicable:

(a) Death, serious illness or injury, or psychiatric care that requires medical treatment or hospitalization of a child in care;

(b) Any time you suspect or a child discloses physical or sexual abuse, neglect, or exploitation of a child as required under chapter 26.44 RCW;

(d) Any disclosure by a child in care of sexual or physical abuse;

(e) Any child's suicide attempt that results in injury requiring medical treatment or hospitalization;

(f) Any use of physical restraint alleged to have been improperly applied or excessive;

(g) Physical assault between two or more children that results in injury requiring off-site medical attention or hospitalization;

(h) Physical assault of a foster parent, employee, volunteer, or others by a child in care that results in injury requiring off-site medical attention or hospitalization;

(i) Any medication given or consumed incorrectly that requires off-site medical attention; or

(j) Property damage that is a safety hazard and not immediately corrected or may affect the children's health and safety.

(2) You must report the following incidents related to a child in care as soon as possible or in no instance later than 48 hours after the incident, to the child's DCYF caseworker or CPA case manager and the child's tribal ICW case manager, as applicable:

(a) Suicidal or homicidal thoughts, gestures, or attempts that do not require professional medical treatment;

(b) Unexpected health problems outside the usual range of reactions caused by medications that do not require professional medical attention;

(d) Any treatment by a medical professional for emergency medical or emergency psychiatric care;

(e) Physical assault between two or more children that results in injury but does not require professional medical treatment;

(f) Physical assault of a foster parent, employee, volunteer, or others by a child that results in injury but does not require professional medical treatment;

(g) Drug or alcohol use by a foster child;

(h) Any inappropriate sexual behavior by or toward a foster child; or

(i) Use of prohibited physical restraints for behavior management.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1420, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1420, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1420, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1420, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1425 What are my reporting responsibilities when a child is missing from care?

(1) As soon as you have reason to believe a child in your care is missing as defined in WAC 110-148-1305 or has refused to return to or remain in your care, or whose whereabouts are otherwise unknown, you are required to notify the following:

(a) The child's DCYF caseworker, as appropriate;

(b) DCYF intake, if the DCYF caseworker is not available or it is after normal business hours;

(2) You are required to contact local law enforcement within six hours if the child is missing from care. You must contact law enforcement immediately in any of the following circumstances:

(a) The child is believed to have been taken from placement. This means the child's whereabouts are unknown, and it is believed that the child has been concealed, detained, or removed by another person;

(b) The child is believed to have been lured from placement or has left placement under circumstances that indicate the child may be at risk of physical or sexual assault or exploitation;

(d) The child has one or more physical or mental health conditions that if not treated daily, will place the child at severe risk;

(e) The child is pregnant, or is parenting and the infant or child is believed to be with them;

(f) The child has severe emotional problems, e.g., suicidal thoughts, that if not treated, will place the child at severe risk;

(g) The child has an intellectual and developmental disability that impairs the child's ability to care for themself;

(h) The child has a serious alcohol or substance abuse problem; or

(i) The child is at risk due to circumstances unique to that child.

(3) After contacting local law enforcement, you must also contact the national center for missing and exploited children at 1 (800)843-5678 and report the child missing from care.

(5) You must provide the following information to law enforcement and to the child's DCYF caseworker when making a missing child report, if available:

(a) When the child left;

(b) Location the child left;

(d) Any known behaviors or interactions that may have caused the child's departure;

(e) Possible places where the child may go;

(f) Special physical or mental health conditions or medications that affect the child's safety;

(g) Known companions who may be aware or involved in the child's absence;

(h) Other professionals, relatives, significant adults, or peers who may know where the child would go; and

(i) Recent photo of the child.

(6) You must ask law enforcement for the missing person report number and provide it to the child's DCYF caseworker or staff.

(7) At any time after making an initial report you learn of a missing child's whereabouts or the child returns to your home, you must report that information to the child's DCYF caseworker.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1425, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1425, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1425, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1425, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1430 What are other reporting requirements?

(1) Pursuant to RCW 74.15.100, you must notify the department's licensor before moving to a new location. You may request a continuation of your current license at the new location any time before moving or within 30 days after moving.

(2) You must report to your licensor immediately if:

(a) Your address or telephone number changes;

(b) The structure of your home is damaged or you plan to make changes to the structure; or

(3) You must report to your licensor any significant changes regarding people in your home and your property including:

(a) A change in your marital status;

(b) A separation from your spouse or partner;

(d) The death of immediate family members living in your home;

(e) Anyone moving in or out of your home or on the property;

(f) Any serious physical or mental incapacity that may interfere with the care of children;

(g) Any changes in a medical condition, including changes in prescription drugs that impact your ability to care for children;

(h) A change in employment or significant decrease in income; and

(i) If you adopt a child.

(4) The above changes may require the department or CPA to complete a new assessment of your home. This assessment may or may not result in the issuance of a license.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1430, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1430, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1430, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1435 What are the travel requirements for children in care?

You must get written approval from the child's DCYF caseworker for children or youth in the care and custody of the department, prior to any travel over 72 hours, and any out-of-country travel.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1435, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1435, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1435, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1440 What are the requirements for my home and property?

(1) Pursuant to RCW 74.15.100, your home must be located at the particular, fixed location stated on your license.

(2) Your home must have adequate indoor and outdoor space, ventilation, toilet and bathing facilities, light and heat to ensure the health and comfort of all members of the household.

(3) Your home must have a properly operating kitchen with a properly maintained and working:

(a) Sink;

(b) Refrigerator;

(d) Oven.

(4) You must keep your home, property, living areas, and furnishings:

(a) Safe and sanitary;

(b) Reasonably free from pests, such as rodents, flies, cockroaches, fleas, and other insects using the least toxic methods available; and

(5) You must keep all toxic materials out of the reach of children and separated from food items.

(6) You must provide adequate laundry and drying equipment, or make other arrangements for laundry on a regular basis.

(7) People must be able to easily open doors from the inside and outside in all areas of the home that are occupied. This includes closets, bathrooms, and bedrooms. You must also have easy access to the outside in case of an emergency.

(8) Your home must meet generally accepted health standards for the storage and preparation of food.

(9) You must develop a plan with your licensor to address hazardous conditions that are present in your home or on your property.

(10) You are responsible for following all local and state regulations such as zoning regulations, local building codes, and fire codes. The department may require you to provide proof that you are complying with local regulations.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1440, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1440, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1440, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1440, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1445 What are the requirements for water, garbage, and sewer in my home?

(1) You must maintain adequate sewage and garbage facilities. You must discharge sewage into a public system or into a functioning septic system or a Washington state department of health approved or tribal authority alternative system.

(2) You must have access to a public water supply unless you have a private water supply tested by the local health district or a private water-testing laboratory approved by the Washington state department of ecology or tribal government. Testing is required at the time of licensing, relicensing and at any time the department or CPA deems necessary.

(3) The temperature of running water must not exceed 120 degrees. If the provider does not have control over the main water temperature, the provider must prevent children from being burned or scalded by hot water.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1445, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1445, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1445, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1445, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1445, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1450 What are requirements for my household equipment and hardware?

(1) You must disinfect diaper changing areas and toilet training equipment between each use or use a nonabsorbent, disposable covering that you discard after each use. All caregivers must wash hands before and after diapering each child.

(2) You must install electrical outlet covers in areas that are accessible to children who might be endangered by exposed outlets. This includes children under the age of six or children with intellectual and developmental delays.

(3) Caregivers must have access to a working telephone at all times while children are present in the home. You must post emergency numbers and the address of your home in an easily visible location. This must include the Washington state poison control number ( 1-800-222-1222).

(4) Infants/toddlers are not allowed to use wheeled baby walkers.

History

WSR 18-14-078, recodified as § 110-148-1450, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1450, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1455 How must I keep children safe around bodies of water?

(1) You must ensure children in your care are safe around bodies of water. You must:

(a) Keep all swimming pools and other bodies of water:

(i) Fenced with a locking gate; or

(ii) Another LD-approved safety device and a site-specific supervision plan.

(b) Lock hot tubs when not in use;

(d) Equip your swimming pool with a life saving device, such as a ring buoy; and

(e) Empty your swimming pool after each use. If your swimming pool cannot be emptied after each use, the pool must have a working pump and filtering system.

(2) All swimming pools and other bodies of water must comply with state and local regulations. You must work with your licensor to establish a plan for the bodies of water based on the development level and behaviors of the children in your home.

(3) You must observe the following when foster children are swimming in pools and outdoor bodies of water:

(a) Swim only in designated swimming areas; or

(b) Require all children age 13 and under to wear U.S. Coast Guard-approved personal floatation devices when swimming outside the supervision of a lifeguard.

(4) If you have any water-based recreation devices, you must use and maintain them according to manufacturer's recommendations. All children and youth who ride in a water-based recreation device must wear a U.S. Coast Guard-approved personal floatation device at all times.

(5) An adult with current age-appropriate first aid and CPR or a lifeguard must supervise children swimming under age 12, and must be able to see and hear the children at all times. Children under the age of five must be within touching distance of a supervising adult or the birth parent at all times.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1455, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1455, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1455, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1455, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1460 How do I prepare for a natural disaster or emergency?

(1) You must develop an evacuation plan in case of a fire, natural disaster or other emergency. The plan must include:

(a) An evacuation floor plan, identifying exit doors and windows;

(b) Action to take for evacuating your home that ensures responsibility for the children;

(d) Your plan must be reviewed with the children and posted in a prominent place in the home.

(2) You must share this plan with your licensor and update the plan when circumstances in your home change. The emergency plan will be based on the type of children in your care, and the conditions of your home and property. Evacuation plans may change based on the developmental level and behaviors of children living in your home.

(3) Your required plan for natural disasters should include supplies of food, water, medications, and other necessary supplies.

(4) Emergency evacuation drills must be practiced at least quarterly with children in your home. You must review evacuation procedures with every child when they are placed in your home.

History

Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1460, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1460, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1460, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1465 What other emergency fire and safety requirements must I follow to become licensed?

(1) You must observe all state and local fire codes (WAC 212-12-005). We will determine that reasonable fire safety standards exist in your home based on the children placed in your home.

(2) Children must be able to escape from every floor in your home. In most cases, this includes a functional fire ladder available from upper stories.

(3) Windows must open to the outside and be large enough for a rescue person to enter and exit wearing rescue gear, unless the building or structure was previously approved by the local fire marshal or building official with jurisdiction.

(4) You must have easy access to all rooms in your home in case of emergency.

(5) We may require you to have an inspection by WSP/FPB or the local fire authority if we have questions about fire safety, or if local ordinances or WSP/FPB require these inspections.

(6) Your home must have smoke detectors in operating condition both inside and outside of all sleeping areas. Smoke detectors must also be installed on each story of the home, in all play areas, and in the basement. You must install and maintain smoke detectors according to manufacturer's specifications.

(7) You must have at least one carbon monoxide detector on each level of occupancy in the home and at least one near each sleeping area.

(8) You must have at least one approved 2A10BC-rated five pound or larger all-purpose fire extinguisher readily available at all times. You must maintain and service fire extinguishers according to manufacturer's specifications.

(9) Barriers are required for fireplaces, wood stoves, and other heating systems if you are licensed for children less than six years of age. You must not leave open-flame devices unattended or use them incorrectly.

(10) Emergency vehicles must be able to access your home. Your address must be clearly visible on your home or mailbox so that emergency personnel can easily find your home.

History

Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1465, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1465, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, and 74.13.031. WSR 17-22-039, § 388-148-1465, filed 10/24/17, effective 11/24/17. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1465, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1470 What are the general requirements for bedrooms?

(1) Each child must have a bedroom, approved by the licensor, with privacy and space that is appropriate and adequate to meet the child's developmental needs. Children may share bedrooms, in compliance with WAC 110-148-1475.

(2) Each bedroom must have unrestricted direct access to outdoors, as well as, one direct access to common use areas such as hallways, corridors, living rooms, day rooms, or other such common use areas.

(3) You must not use hallways, kitchens, living rooms, dining rooms, unfinished basements, or other common areas as bedrooms.

(4) Children must not be required to pass through private bedroom space in order to access common areas of the home.

(5) An adult must be on the same floor or within easy hearing distance and access to where children under six years of age are sleeping.

(6) You must provide an appropriately sized separate bed for each child with clean bedding and a mattress in good condition.

(7) Some children may soil the bed, and you may need to plan accordingly. You must provide waterproof mattress covers or moisture-resistant mattresses if needed. Each child's pillow must be covered with waterproof material or be washable.

(8) You must assure that children have access to clean clothing that is appropriate for their age. You must provide safe storage of children's clothing and personal possessions.

(9) You must provide an infant with a crib that ensures the safety of the infant, and complies with chapter 70.111 RCW and the current ASTM or consumer products safety commission (CPSC) guidelines, specifically 16 C.F.R. 1219 or 1220. Among other things, these requirements include:

(a) A maximum of 2 3/8" between vertical slats of the crib; and

(b) Cribs, infant beds, bassinets, and playpens must be made of wood, metal, or approved plastic, with secure latching devices and clean, firm, snug-fitting mattresses covered with waterproof material that can easily be disinfected.

(10) You must not cosleep or bed share on any sleeping surface, such as a bed, sofa, or chair with children in care.

(11) You must place infants on their backs for sleeping, unless advised differently by the child's licensed health care provider.

(12) You must not have loose blankets, pillows, crib bumpers, or stuffed toys with a sleeping infant.

(13) You may swaddle infants using one lightweight blanket upon the advice and training of a licensed health care provider. You must keep the blanket loose around the hips and legs when swaddling in order to avoid hip dysplasia. You may swaddle infants under two months of age unless a licensed health care provider directs otherwise. You must not dress a swaddled infant in a manner that allows them to overheat.

(14) You must not use wedges and positioners with a sleeping infant unless advised differently by the infant's licensed health care provider.

(15) You must not use weighted blankets for children under three years of age or for children of any age with mobility limitations.

(16) You may use a weighted blanket upon the advice and training from a licensed health care provider for children over the age of three years who do not have mobility limitations. You must meet the following requirements:

(a) The weight of the blanket must not exceed 10 percent of the child's body weight;

(b) Metal beads are choking hazards and must not be used in a weighted blanket;

(d) The weighted blanket must not hinder a child's movement; and

(e) The weighted blanket must not be used as a restraint.

(17) You must not allow children to use the loft style beds or upper bunks if the child is vulnerable due to age, development, or condition, such as preschool children, expectant mothers, and children with a disability.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1470, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1470, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1470, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, and 74.13.031. WSR 17-22-039, § 388-148-1470, filed 10/24/17, effective 11/24/17. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1470, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1470, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1475 What are the requirements for sharing bedrooms?

(1) A provider must consider what bedroom placement is in the best interest of a foster child in consultation with the child's DCYF caseworker and all other children in the household.

(2) Shared bedrooms must provide enough floor space for the safety and comfort of children.

(3) Foster teen parents may sleep in the same room with their children. When a teen parent and their children sleep in the same room, the room must contain at least 80 square feet of usable floor space. Only one parent and their children may occupy a bedroom.

(4) No more than four children may sleep in the same room. This includes foster children and any other children.

(5) Children under the age of two may share a bedroom with an adult, if it is in the best interest of the child and approved by the caseworker.

(6) An individual in the extended foster care program may share a bedroom with a younger child of the same gender. If the younger child is unrelated to the individual in the extended foster care program, the younger child must be at least 10 years of age. A provider may place a child who identifies as transgender or gender fluid in a bedroom with a child of the same or similar gender identity.

(7) Foster children may not share the same bedroom with a child of another gender identity unless all children are under age six. In circumstances of transgender or gender fluidity, a provider may place a child in a bedroom with another child of the same or similar gender identity.

(8) An exception may be granted to subsections (3) through (6) of this section with an administrative approval if it is supported by the licensor and the child(ren)'s DCYF caseworker, and is in the best interest of the child.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1475, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1475, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1475, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1475, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1480 What are the requirements for animals?

(1) All animals on your property must be safe and properly cared for in a sanitary manner.

(2) Pursuant to WAC 246-100-197(3), your dog, cat, or ferret must be vaccinated and revaccinated against rabies following veterinary and USDA licensed rabies vaccine manufacturer instructions, unless a licensed veterinarian states in writing that such vaccinations may be contrary to your pet's health.

(3) You must not have an animal in your home or on your premises that is dangerous to children in care.

(4) We have the discretion to limit the type and number of household pets and animals if we determine that there are risks to the children in your care.

(5) All pet medications must be kept in a locked container.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1480, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1480, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1480, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1485 Under what conditions may I have alcoholic beverages or marijuana on my property?

You may have alcoholic beverages or marijuana on your property as long as they are not accessible to people under the age of twenty-one.

History

WSR 18-14-078, recodified as § 110-148-1485, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1485, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1490 May I have illegal drugs on my property?

You must not have illegal drugs on your property and/or in your possession.

History

WSR 18-14-078, recodified as § 110-148-1490, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1490, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1495 What are the requirements for smoking around children?

(1) You must not allow smoking in your home. You must not smoke in motor vehicles used to transport children.

(2) You may permit adults to smoke outdoors away from children in accordance with RCW 70.160.075.

(3) These requirements do not apply to traditional or spiritual Native Alaskan/Native American or religious ceremonies involving the use of tobacco.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1495, filed 5/18/22, effective 6/18/22. Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1495, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1495, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1495, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1500 Under what conditions may I have guns and weapons on my property?

(1) You must notify your licensor if you or someone else in your home has a gun or weapon on the property. This includes but is not limited to BB guns, pellet guns, air rifles, stun guns, antique guns, handguns, rifles, shotguns and archery equipment.

(2) You must always keep guns and ammunition out of reach of children. When at home, you must keep guns and ammunition in locked containers out of reach of children. You must store guns separate from the ammunition unless stored in a locked gun safe.

(3) You must keep bows and arrows and other weapons in locked containers out of reach of children.

(4) If you store guns in a container that may be easily breakable, you must secure them with a locked cable or chain placed through the trigger guards.

(5) Whenever possible, we encourage you to equip guns with a trigger guard lock.

(6) You must keep keys to the locked storage area of weapons secure from children.

(7) Children may use a gun only if the child's DCYF caseworker approves and the youth and supervising adult has completed an approved gun or hunter safety course.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1500, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1500, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1500, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1500, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1505 What must I do to prevent the spread of infections and communicable diseases?

(1) You must notify your licensor if you or any adults living in your home have been exposed to someone with tuberculosis or if a health care provider recommends testing.

(2) Retesting for license renewals is not required unless the above conditions apply.

(3) You must promote personal hygiene to help prevent the spread of germs in your home such as washing hands after smoking, changing diapers, using the toilet, touching animals, playing outside or before preparing food or eating.

(4) If you care for medically fragile children, you may use in-home nursing services to consult on additional infection control procedures.

History

WSR 18-14-078, recodified as § 110-148-1505, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1505, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1510 What requirements do I need to follow when I transport children?

When you transport children in your care you must follow these requirements:

(1) The vehicle must be kept in a safe operating condition;

(2) The driver must have a valid driver's license;

(3) The driver or owner of the vehicle must be covered under an automobile liability insurance policy and have proof of registration;

(4) The vehicle must be equipped with seat belts, car seats and booster seats, and other appropriate safety devices for all passengers required by law;

(5) The number of passengers must not exceed the vehicle's seat belts; and

(6) Each person in the vehicle must use an individual seat belt or approved child passenger restraint system whenever the vehicle is in motion, and follow the law regarding placement of children in vehicles.

History

Statutory Authority: RCW 74.15.030, chapter 74.15 RCW, P.L. 115-123 and 42 U.S.C. § 671 (a)(36)(A). WSR 20-03-095, § 110-148-1510, filed 1/13/20, effective 2/1/20. WSR 18-14-078, recodified as § 110-148-1510, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1510, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1515 What are the requirements regarding food?

(1) Food served to children in your care must meet their nutritional and developmental needs, with a variety of options for adequate nutrition and meal enjoyment.

(2) Children's cultural needs should also be considered when planning meals.

(3) All home-canned foods must be preserved following published procedures and you must be able to provide the printed published procedures that you followed.

(4) Before you modify a child's diet, you must obtain written authorization from a licensed health care provider for children under the age of 10 years.

(5) The milk or milk products you serve must be pasteurized. Children between the ages of 12 and 24 months must receive whole milk unless you have written authorization from a licensed health care provider not to serve whole milk.

(6) Children under the age of 12 months must receive formula or breast milk unless the child's licensed health care provider authorizes a different diet.

(7) Before serving a child breast milk you must have approval of the child's DCYF caseworker, licensed health care provider, and parent or guardian. If breast milk is provided by anyone other than a baby's biological mother, it must be obtained through a licensed breast milk bank.

(8) When you are using bottles to feed infants, you must sterilize and use them according to product standards and commonly acceptable practices. You must refrigerate filled bottles if you do not use them immediately, and you must empty the bottle if not used within 24 hours.

(9) To prevent burns, formula or breast milk must not be warmed in a microwave oven.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1515, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1515, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, and 74.13.031. WSR 17-22-039, § 388-148-1515, filed 10/24/17, effective 11/24/17. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1515, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1520 What services am I expected to provide for children in my care?

(1) You must make all reasonable efforts to ensure that children are not abused or neglected, per RCW 26.44.020(1) and chapter 110-30 WAC.

(2) You must provide and arrange for care that is appropriate for the child's age, SOGIE, and development including:

(a) Emotional support;

(b) Nurturing and affection;

(d) Activities that promote the development of each child. This includes cultural and educational activities in your home and the community.

(3) In caring for infants and young children you must:

(a) Hold infants, under the age of six months, for all bottle feedings;

(b) Hold infants at other times for the purposes of comfort and attention; and

(4) In caring for youth enrolled and participating in the extended foster care program you must:

(a) Provide a youth opportunity and support for achieving independence; and

(b) Allow a youth responsibility for their actions.

(5) Before making significant changes in a child's appearance, you must consult with the child's DCYF caseworker. These significant changes include, but are not limited to, body piercing, tattoos, and major changes in hairstyle or color.

(6) You must follow all state and federal laws regarding nondiscrimination while providing services to children in your care. You must support and engage with foster children in your care with dignity and respect regardless of actual or perceived race, ethnicity, culture, sex, or SOGIE.

(7) You must connect a foster child with resources that supports and affirms their needs regarding race, religion, culture, and SOGIE. These resources include emotional and developmental support for a child's ethnic identity and SOGIE, educational needs, and spiritual activities in your home and community to include tribal activities within the child's tribal community or extended tribal family. Your licensor or the child's DCYF caseworker, CPA case manager, or child's tribal ICW case manager can assist you with identifying these resources.

(8) You must support a child's religion or spiritual practices by providing adequate opportunities for religious or spiritual training and allowing a child meaningful participation appropriate to the child's spiritual beliefs. You may not require any child to participate in practices against their beliefs.

(9) You must support a foster child's SOGIE by using their pronouns and chosen name, and respecting the child's right to privacy concerning their SOGIE.

(10) You must provide for the child's physical needs. This includes adequate hygiene, nutritional meals and snacks, and readily available drinking water. This also includes a balanced schedule of rest, active play, and indoor and outdoor activity appropriate to the age of the child in care.

(11) You must guide the child to develop daily living skills according to the child's abilities and development. This may include assigning daily chores to children.

(12) The department will identify a suitable case plan including permanency for children in its care and custody. You must not interfere with this plan. You may attend appropriate shared planning meetings to participate in the decision making process and provide input on the child. You may submit information about the child's permanent plan and other issues through the caregiver's report to the court.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1520, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1520, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1520, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1520, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1525 What are the educational and vocational instruction requirements for children in care?

You must meet the following requirements for providing education and vocational instruction to the children under your care. For each child you must:

(1) Follow the educational plan approved by the child's DCYF caseworker;

(2) Home schooling, private schooling, and alternative learning experience instruction are prohibited for all children in the care and custody of the department, unless approved by a court ruling;

(3) Support the child in regular school attendance. If a child is absent from school you must follow the school's reporting requirements. Notify the child's DCYF caseworker if the child is absent from school more than three consecutive school days;

(4) Receive approval from the child's DCYF caseworker prior to making any changes to a child's educational plan;

(5) Support the child's educational plan by providing each child with necessary school supplies and a suitable place to study;

(6) Develop a transportation plan with the child's DCYF caseworker to ensure school attendance; and

(7) Encourage older youth to pursue a post-secondary education when appropriate.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1525, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1525, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1525, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1525, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1530 May children participate in everyday activities under my care?

(1) You may decide what family or community activities are appropriate for foster children. These activities must be appropriately supervised and may not interfere with visitation with the child's parents or guardians.

(2) Children may participate in family, community or friend social activities, organized sports activities, or field trips. Overnight stays over 72 hours requires DCYF caseworker approval. Any activities requiring travel must comply with WAC 110-148-1435.

(3) All high-risk activities, including the use of power driven machines or other hazardous equipment, must be properly supervised by an adult. When participating in high-risk activities, children must:

(a) Be instructed on, and required to use appropriate safety equipment, such as helmets and life vests; and

(b) Be in continuous visual or auditory range at all times, unless approved by the child's DCYF caseworker.

(4) It may be appropriate for some children to obtain employment when:

(a) Laws regarding minors working are followed; and

(b) The child's work does not interfere with school.

(5) Youth may obtain a driver's license if you agree to act as the "parent or guardian" for the purposes of the Intermediate Driver's License Law. If you act in this capacity for a youth in out-of-home care who is placed in your home, you will also be responsible for the youth's insurance until the youth leaves your home or ages out of care, or if you choose to cancel the youth's insurance. If you choose to cancel the youth's insurance, you must notify the youth's DCYF caseworker at least five days before the cancellation becomes effective.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1530, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1530, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-148-1530, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1530, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1535 Can I provide care to youth enrolled in the extended foster care (EFC) program?

You can serve youth enrolled in the EFC program if you meet the requirements in WAC 110-90-0010 through 110-90-0200. The youth enrolled and participating in the EFC program are considered children only for the purposes of the dependency. Otherwise the youth has the legal status and legal rights of an adult. The youth is responsible for their actions, including:

(1) Purchases;

(2) Driving;

(3) Traveling; or

(4) Financial obligations.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1535, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1535, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1535, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1540 What privacy must I provide for children in my care?

(1) You must assure the right to privacy of personal mail, electronic mail, and phone calls unless:

(a) We ask you to provide monitoring; or

(b) The court approves implementation of the monitoring as part of the child's case plan.

(2) DCYF prohibits the use of video and audio monitoring of children in care in the interior of foster homes unless all of the following are met:

(a) The LD senior administrator grants approval for the use of an electronic monitoring device in your facility following a request by the child's DCYF caseworker;

(b) The court approves implementation of the monitoring as part of the child's case plan; and

(3) The prohibition of audio or visual monitoring does not include monitoring of the following:

(a) Infants or children through four years of age;

(b) Medically fragile or sick children;

(d) Video recording for special events such as birthday parties or vacations; or

(e) The use of door or window alarms or motion detectors.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1540, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1540, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1540, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1540, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1545 What belongings will foster children take when they leave my home?

(1) You must permit a child who leaves your home to take their personal belongings with them. This includes belongings the child brought with them and acquired in your care, such as clothing, mementos, bicycles, gifts, and any saved money.

(2) If it is not possible for the child to take their belongings at the time they leave, you are required to secure them for up to 30 days and cooperate with the child's DCYF caseworker to transfer them to the child, as soon as possible.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1545, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1545, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1545, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1550 What medical and dental care must I provide to children?

(1) You must ensure that children receive appropriate medical and dental care.

(2) You must make sure children have routine medical, dental, and vision care, and receive transportation to and from these scheduled appointments.

(3) You must arrange for an early and periodic screening, diagnosis and treatment (EPSDT) exam, also referred to as the well child exam (WCE), for children who are in your care for more than 30 days, if that child has not had an EPSDT exam in the 30 days prior to entering out-of-home care, except for children placed by DDA through a voluntary placement agreement. For children placed by DDA, follow the direction of DDA regarding the need for an EPSDT exam after placement. In addition, you must ensure that each child in your care completes regular EPSDT exams according to the EPSDT examination periodicity schedule: First exam by one month of age, then at two, four, six, nine, 12, 15, 18, and 24 months. Exams must be scheduled annually after 24 months of age.

(4) You must obtain and follow instructions from the child's medical provider if you give medication or treatment and use medications as prescribed per the medication label. Prescription or over-the-counter medications must be clearly labeled.

(5) You must make plans to respond to illness and emergencies, including serious injuries and contact with toxic or poisonous substances.

(6) You must immediately call 911 in a life-threatening emergency and notify:

(a) The child's DCYF caseworker or CPA case manager and child's tribal ICW case manager; and

(b) Your licensor.

(7) You must have first-aid supplies available in your home including:

(a) Protective nonlatex gloves:

(b) Bandages;

(d) Ace bandage;

(e) Gauze; and

(f) Nonbreakable and mercury free thermometer.

(8) One-way resuscitation masks are recommended but not required.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1550, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1550, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1550, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1555 What are the immunization requirements?

(1) Children placed in your home by the department are required to be immunized according to the Advisory Committee on Immunization Practices of the Centers for Disease Control (ACIP/CDC) as established in the Recommended Immunization Schedule for Persons Aged 0-18 Years, United States, 2012 and as amended each subsequent year, except for rotavirus and human papillomavirus.

(2) If a child who has not received all recommended immunizations is placed in your care, you must take the child to a health care provider as soon as medically possible for catch-up immunizations according to the ACIP/CDC catch-up schedule.

(3) You must contact each child's DCYF caseworker and your licensor if a serious infection or a communicable disease is a threat to the children in your care. The department may remove a foster child from your home when the threat of a serious infection or communicable disease creates a risk to the health of any child placed in your home.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1555, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1555, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1555, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1560 What are the requirements for obtaining consent for emergent and routine medical care?

(1) The department is the legal custodian for children it places in care. We have the authority to consent to emergency and routine medical services on behalf of a child under the age of 18. Youth in care over the age of 18 must consent to their own medical care or have an identified person who has been granted the legal authority to consent on their behalf. We delegate some of the authority to providers. You must contact the child's DCYF caseworker or intake for specific information for each child.

(3) In case of medical emergency, contact the child's DCYF caseworker or DCYF intake as soon as possible.

(4) It is your responsibility to ensure that a child receives the necessary medical attention if injured or harmed. In the event of a life-threatening medical emergency, you must contact 911 prior to transporting the child to a medical facility.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1560, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1560, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1560, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1565 How must medications be stored?

(1) Prescription and over the counter medications must be kept in a locked container.

(2) Life-saving medications must be accessible in an emergency.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1565, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1565, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1565, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1570 Who may access stored medications?

Only you or another authorized care provider, such as a respite provider, is allowed to have access to medications for a child in your care except as noted in WAC 110-148-1580.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1570, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1570, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1570, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1575 What are other requirements for medications?

(1) You must keep a written record of all prescription medications and the dates given for the children in care. This list must go with the child when they leave your home.

(2) You must notify the child's DCYF caseworker of changes in prescribed medications.

(3) You must give prescription and over the counter medications as specified on the medication label or as prescribed by persons legally authorized to prescribe medication. This includes herbal supplements and remedies, vitamins, or minerals.

(4) You must give children nonprescription medication according to product instructions and seek medical advice regarding possible interactions with a child's other prescription and nonprescription medications.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1575, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1575, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1575, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1580 Can children take their own medications?

(1) You may permit children under your care to take their own medicine as long as:

(a) They are physically and mentally capable of properly taking the medication; and

(b) You obtain and keep written approval by the child's health care provider and DCYF caseworker in your records.

(2) When a child is taking their own medication, the medication and medical supplies must be kept locked or inaccessible to unauthorized persons.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1580, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1580, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1580, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1585 Can I use medication for behavior control?

You must not use medication for behavior control, unless prescribed for that purpose by a physician or another person legally authorized to prescribe medication.

History

WSR 18-14-078, recodified as § 110-148-1585, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1585, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1590 Can I choose to give prescribed medications, including psychotropic medication?

(1) You must not start or stop giving a child's prescribed medication without approval from the child's physician.

(2) In addition to the physician, you must coordinate starting or stopping a child's psychotropic medication with the child's DCYF caseworker to determine what consent is needed. The caseworker may need to obtain consent from the child age 13 and older, the parent or guardian, or the court.

(3) You must not give medications to a child that has been prescribed for someone else.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1590, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1590, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1590, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1595 Can I accept prescription medication from a child's parent or guardian?

(1) The only medication you may accept from the child's parent, guardian, or responsible relative is medicine in the original container labeled with:

(a) The child's first and last name;

(b) The date the prescription was filled;

(d) Readable instructions for administration, either the manufacturer's instructions or instructions printed on the prescription label, of the medication.

(2) You must notify the child's DCYF caseworker when you receive a new prescription from a child's parent or guardian before giving it to the child.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1595, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1595, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1595, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1600 What is respite care?

(1) Respite care is provided by someone who is approved by LD and is paid to care for the foster children or provide relief for the foster parents. If the person provides care in their own home, they must be foster licensed. A nonlicensed respite care provider caring for children in your home must follow the requirements to become a LD certified respite provider.

(2) You may arrange respite care to provide substitute care in your absence, or to support you as part of a child's case plan. If you use a respite care provider, you should seek prior approval from the child's DCYF caseworker or CPA case manager, and, if applicable, the child's tribal ICW case manager.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1600, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1600, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1600, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1605 Who can watch my foster child when I am away from home?

(1) You may use a respite provider as defined in WAC 110-148-1600 to watch your foster child when you are away from home.

(2) You may also use a friend or relative as a substitute care provider for foster children when you are away from home without arranging for a background check. Substitute care provided on an occasional basis for less than 72 hours will be at your own expense. You may use a substitute care provider only when you have no reason to suspect that the provider would be a risk to children and has no founded child abuse or neglect history or criminal history that would disqualify him or her from caring for children. You must also:

(a) Be familiar and comfortable with the substitute care provider who will be caring for the child;

(b) Meet the substitute care provider and review the expectations regarding supervision and discipline of the foster children;

(d) Tell the substitute care provider how to contact you in case of an emergency.

(3) If care by the substitute care provider is a regular arrangement, you must have written approval from the child's DCYF caseworker. The substitute care provider must provide evidence of a cleared Washington state patrol background check and meet additional requirements for members of the household as defined in WAC 110-148-1320 (2) and (4).

(4) Based on the special needs of a child, the DCYF caseworker may require the substitute care provider to have additional skills or training.

(5) Teenagers, age sixteen and seventeen, who meet all requirements stated in this section, may supervise no more than three foster children.

(6) Foster children may provide short-term babysitting for children not in foster care. Sexually aggressive and physically assaultive youth must not babysit children.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1605, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1605, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1605, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1605, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1610 What are the requirements for supervising children in my care?

(1) You must provide and arrange for adult supervision that is appropriate for the child's age and development.

(2) For each child in your care you must:

(a) Provide personal attention to the child(ren), and additional supervision as needed and required by us; and

(b) Advise the child's DCYF caseworker about your plan for supervision of children in your care if you work outside the home. You will also provide a general plan to your licensor during the licensing process.

(3) When supervising children, you must not:

(a) Leave children under five years of age and children with intellectual and developmental disabilities unattended in a bathtub or shower; or

(b) Use cribs, bassinets, cradles, playpens and swings as a substitute for supervising or one-on-one play with infants and young children.

(4) You are encouraged to obtain and follow a written supervision plan for every child in your care from the child's DCYF caseworker or CPA case manager and tribal ICW case manager.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1610, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1610, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1610, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1615 What are the requirements for disciplining children?

(1) You must use discipline that is appropriate to the child's age and level of development.

(2) You must establish limits and use positive methods of guidance that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation.

(3) Positive methods include:

(a) Directing children to another activity;

(b) Giving choices when appropriate;

(d) Planning in order to prevent problems; and

(e) Using positive reinforcement and encouraging children to express their feelings and ideas.

(4) You must not use physical punishment or verbally abusive, neglectful, humiliating, or frightening punishment which includes, but is not limited to:

(a) Spanking;

(b) Cursing;

(d) Locked time-out rooms or methods that interfere with a child's basic needs, including withholding of food.

(5) You and authorized care providers are responsible for discipline; you must not give that responsibility to a child.

(6) You must allow a child needed services, including contact with the child's DCYF caseworker, legal representatives, parents or guardians, or other family members.

(7) You will develop a written plan for disciplining children with your licensor and you must follow that plan.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1615, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1615, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1615, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1620 When may a child be restrained?

(1) You may use physical restraint when a child's behavior poses an immediate risk to physical safety. The restraint must be reasonable and necessary to:

(a) Prevent a child from harming self or others; or

(b) Protect property from serious damage.

(2) You must not use physical restraint as a form of punishment or discipline. You must not use mechanical restraints such as handcuffs and belt restraints unless ordered by the child's physician. You must not use physical restraint that restricts breathing, inflicts pain to manage behavior, or is likely to cause injury that is more than temporary. This includes, but is not limited to:

(a) Restriction of movement by placing pressure on joints, chest, heart, or vital organs;

(b) Sleeper holds, which are holds used by law enforcement officers to subdue a person;

(d) Hair holds;

(e) Choking or putting arms around the throat; or

(f) Chemical restraints, such as pepper spray.

(3) You must document your use of physical restraint and send a copy to the child's DCYF caseworker and LD licensor within 48 hours. If you are supervised by a CPA, you must contact the case manager and keep a copy of the documentation on the premises.

(4) When you have to use physical restraints on a regular basis, you must get prior written approval from the child's DCYF caseworker as well as verbal or written approval by LD.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1620, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1620, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1620, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1625 Will you license or continue to license me if I violate licensing requirements?

(1) We may modify, deny, suspend, or revoke your license when:

(a) You do not meet the licensing requirements in this chapter;

(b) You or others in your home may not have unsupervised access to children;

(d) You commit, permit, or assist in an illegal act on the premises of a home or facility providing care to children;

(e) You knowingly provide false information to us;

(f) You are unable to manage your property and financial responsibilities; or

(g) You cannot provide for the safety, health, and well-being of the children in your care; or

(h) You cannot or will not support a child's cultural needs including needs based on the child's race, ethnicity, religion, or SOGIE.

(2) We will send you a certified letter telling you of the decision to modify, deny, suspend, or revoke your license. In the letter, we will also tell you what you need to do if you disagree with the decision.

(3) The department has jurisdiction over all foster home licenses and over all holders of and applicants for licenses as provided in RCW 74.15.030(5). This jurisdiction is retained even if you request to withdraw the application, or you surrender or fail to renew your license.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1625, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1625, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, and P.L. 113-183. WSR 16-17-101, § 388-148-1625, filed 8/19/16, effective 9/19/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1625, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1630 Are there exceptions made if I do not meet the licensing requirements?

(1) We may make exceptions and license or continue to license you if you do not meet the minimum licensing requirements if we find that you can provide for the safety, health and well-being of children in your care.

(2) In addition, we may limit or restrict your license and/or require you to enter into a compliance agreement to ensure the safety and well-being of the children in your care.

(3) You must keep a copy of the approved exception to the licensing requirements for your files.

(4) You do not have appeal rights if the department denies your request for an exception to the licensing requirements.

History

WSR 18-14-078, recodified as § 110-148-1630, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1630, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1635 Can people living in my home be disqualified from having access to the children in my care?

(1) The department must disqualify people living in your home if they do not meet the requirements of this chapter, or cannot have unsupervised access to children because of their background check (chapter 110-04 WAC).

(2) We will notify you if a person in your home is disqualified from having unsupervised access to children. This could also lead to denial, suspension, or revocation of your license.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1635, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1635, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031. WSR 16-06-041, § 388-148-1635, filed 2/24/16, effective 3/26/16. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1635, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1640 Are there any other reasons that might cause me to lose my license?

(1) We may suspend or revoke your license if you:

(a) Have foster children in your home for whom you are not licensed, without approval by your licensor. This includes having more children, or children of different ages or gender than your license allows;

(b) Do not provide a safe, healthy and nurturing environment for children in your care; or

(2) Do not meet the health and safety requirements of the department of health and/or the Washington state patrol fire protection bureau, if required.

History

WSR 18-14-078, recodified as § 110-148-1640, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1640, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1645 What may I do if I disagree with your decision to modify, deny, suspend, or revoke my license, or to disqualify my background check?

You have the right to request an administrative hearing if you disagree with any of these actions. You must request this hearing within 28 calendar days of receiving a certified letter with our decision, as provided in chapters 34.05 RCW and 110-03 WAC.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1645, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1645, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.010, 74.15.030, 74.15.040, 74.15.090, 74.13.031, 74.39A.056, 43.43.832. WSR 18-11-138, § 388-148-1645, filed 5/23/18, effective 6/23/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1645, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1650 How do I appeal the decision of the office of administrative hearings' administrative law judge?

(1) The decision of the administrative law judge is the final decision of the department unless you or the department files a petition for review with DCYF board of appeals within 21 calendar days after the administrative law judge's decision is mailed to the parties.

(2) The procedure for requesting or responding to a petition for review with the board of appeals is described in WAC 110-03-0510 through 110-030-0530.

(3) We will not appeal decisions made by the board of appeals.

(4) If you disagree with the board of appeals, you may file a petition in superior court and ask for further review, as provided in RCW 34.05.510 to 34.05.598.

History

Statutory Authority: RCW 74.15.030. WSR 22-11-091, § 110-148-1650, filed 5/18/22, effective 6/18/22. WSR 18-14-078, recodified as § 110-148-1650, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1650, filed 12/11/14, effective 1/11/15.

Wash. Admin. Code § 110-148-1655 Can I be issued a probationary license?

(1) We may issue a probationary license as part of a corrective action plan with you.

(2) We will consider the following when deciding whether a probationary license will be issued:

(a) An intentional or negligent violation of licensing requirements;

(b) A history of violation of licensing requirements;

(d) Whether you are making a good faith effort to comply; and

(e) Any other factors relevant to the specific situation.

History

WSR 18-14-078, recodified as § 110-148-1655, filed 6/29/18, effective 7/1/18. Statutory Authority: Chapters 13.34 and 74.13 RCW, RCW 74.15.030(2), 74.15.311(2), 74.13.032, 13.04.011, 74.13.020, 13.34.030, 74.13.031, 13.34.145, 74.15.311, 74.15.030, and 2013 c 105. WSR 15-01-069, § 388-148-1655, filed 12/11/14, effective 1/11/15.

Chapter 110-149 Licensing requirements for kinship homes.

Wash. Admin. Code § 110-149-0010 Purpose and legal basis for kinship homes.

(1) This chapter contains licensing requirements for kinship homes licensed directly by the department or certified through a child placing agency (CPA). Unless noted otherwise, these requirements apply to caregivers licensed to provide kinship care.

(2) The licensing division (LD) or certified CPA is responsible for licensing kinship homes and monitoring the care provided to children or youth placed in licensed kinship homes and verifying they meet the minimum licensing requirements in this chapter.

(3) The legal basis for licensed kinship homes, which authorizes the department to license and to provide kinship care placement services, are:

(a) Chapter 13.34 RCW;

(b) Chapter 74.13 RCW;

(d) 45 C.F.R. § 1355; and

(e) 45 C.F.R. § 1356.

(4) These licensing requirements are designed to verify children and youth who are in licensed kinship care are safe, healthy, and protected from all forms of child abuse and neglect as outlined in:

(a) RCW 26.44.020; and

(b) Chapter 110-30 WAC.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0010, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0020 Definitions.

The following definitions are for the purpose of this chapter and important to understanding these requirements:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Agency" means the same as defined in RCW 74.15.020.

"Applicants" means individuals applying to receive a kinship license.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Caregivers" means applicants for kinship licenses or licensed kinship caregivers.

"Case plans" means a written document followed by the children's or youth's parents, kinship caregivers, foster parents, and all other caregivers.

"Caseworkers" means primary agency workers assigned to children or youth through the department or another government agency including tribal governments.

"Certification" means:

(a) Kinship or foster homes supervised by a CPA that meet the licensing requirements; or

(b) Individuals approved by the department as certified respite providers.

"Chapter" means chapter 110-149 WAC.

"Children" or "youth" means individuals who are one of the following:

(a) Younger than 18 years of age;

(b) Kindergarten to 18 years of age residing in a residential private school;

(c) Up to 21 years of age and enrolled in services through the department of social and health services developmental disabilities administration (DDA) the day prior to their 18th birthday and pursuing either a:

(i) High school or equivalency course of study; or

(ii) Vocational program;

(d) Up to 21 years of age and participating in the extended foster care (EFC) program;

(e) Up to 21 years of age with intellectual and developmental disabilities; or

(f) Up to 25 years of age and in the custody of the juvenile rehabilitation division.

"Child-specific license" means the same as defined in RCW 74.15.125.

"Cisgender" means an individual whose gender identity aligns with those typically associated with the sex assigned to them at birth.

"Department" means the Washington state department of children, youth, and families.

"Foster homes" or "foster parents" means individuals licensed through chapter 110-148 WAC to regularly provide 24-hour care in their home to children or youth.

"Gay" means a sexual orientation to describe individuals who are emotionally or physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Guardians" means the same as defined in RCW 13.34.030.

"Hearings" means the same as defined in WAC 110-03-0020.

"Heterosexual" means an individual who is exclusively attracted to individuals of the opposite sex or gender.

"Household members" means anyone living in the licensed home or living on the licensed property who has unsupervised access to children or youth.

"Indian children" means the same as defined in WAC 110-110-0010.

"Infants" means a child from birth to one year old.

"Initial licenses" means the same as defined in RCW 74.15.120.

"Interstate Compact on the Placement of Children (ICPC)" means the agreement enacted into law in all 50 states, the District of Columbia, and the U.S. Virgin Islands that establishes processes and requirements to:

(a) Provide protection and services to children and youth placed across state lines; and

(b) Verify interstate placements remain safe, suitable, and in the children's or youth's best interest.

"Kinship licenses" means child-specific licenses as defined in RCW 74.15.125.

"Lesbians" means females or women who have an emotional or physical attraction for other females or women.

"License" means a permit issued by the department when a kinship caregiver and their home meet the licensing requirements established in this chapter.

"Licensed health care providers" means medical doctors, doctors of osteopathy, doctors of naturopathy, physician assistants, or advanced registered nurse practitioners.

"Licensed kinship care" or "licensed kinship caregivers" means the full-time care of children or youth by licensed relatives, suitable persons, or relatives defined by tribal code or custom.

"Licensors" means either:

(b) CPA employees who certify or monitor foster homes supervised by the CPA.

"Medically fragile" means the condition of a child or youth who requires the availability of 24-hour skilled care from a health care professional or specially trained family or foster family member. If the technology, support, and services being received by the medically fragile children or youth are interrupted or denied, they may, without immediate health care intervention, experience death. These conditions may be present all the time or frequently occurring.

"Out-of-home care" means the same as defined in RCW 13.34.030.

"Parents" means the same as defined in RCW 26.26A.010.

"Permanency plan" means the decision regarding the placement of children or youth resulting from a permanency hearing as defined in RCW 13.34.136.

"Property" or "premises" means homes, buildings, and grounds, including those adjacent to the residential property that are owned, rented, or managed by the applicant or licensee.

"Provisional expedited kinship license" means a license issued to kinship caregivers who meet the requirements outlined in RCW 74.15.127 and WAC 110-149-0390.

"Prudent parent" means the same as defined in RCW 74.13.710, or as defined by the tribe.

"Psychotropic medications" means a type of medicine prescribed to affect or alter thought processes, mood, sleep, or behavior. These include antipsychotic, antidepressant, and antianxiety medications.

"Queer" means LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"Respite" means the same as defined in RCW 74.13.270 including, but not limited to, appropriate, temporary, short-term care provided by an in-home or out-of-home provider paid by the department.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"Sexual orientation, gender identity, and expression (SOGIE)" means distinct identifiers everyone has. LGBTQIA+ is a sub-distinction within SOGIE self-identifiers. SOGIE includes LGBTQIA+ as well as heterosexual, cisgender, and nonquestioning individuals.

"Suitable persons" means nonrelatives with whom the child or youth, or the child's or youth's family, has a preexisting relationship; who have completed all required criminal history background checks and otherwise appear to be suitable and competent to provide care for the child or youth, and with whom they have been placed, per RCW 13.34.130.

"Two-spirit" means a modern umbrella term used by some Native Americans to describe Native American individuals in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being two-spirit does not imply any specific sexual orientation.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0020, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0030 Nondiscrimination.

Caregivers must meet nondiscrimination requirements by:

(1) Following all state and federal laws regarding nondiscrimination while providing services to children and youth in care; and

(2) Supporting and engaging children and youth in care with dignity and respect regardless of actual or perceived race, ethnicity, religion, culture, or SOGIE.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0030, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0040 Licensing options.

Caregivers may apply to:

(1) Receive a kinship or foster license through the department, CPA, or tribal CPA. If caregivers:

(a) Apply through a CPA or tribal CPA, CPA's have the discretion to:

(i) Determine whether to certify a caregiver; and

(ii) Have additional requirements for caregivers to become and remain a licensed kinship caregiver. Additional requirements must be related directly to the children's or youth's needs or case plans; and

(b) Disagree with a CPA's decision on whether to certify them, they must follow the CPA's appeals process to challenge the decision; and

(2) The state or a different CPA than they are currently applying to or are licensed with at any time.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0040, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0050 Accepting placements of additional children or youth.

Caregivers must:

(1) Only accept placements of kinship children or youth in out-of-home care, unless they are licensed foster parents under chapter 110-148 WAC, which allows them to accept nonkin placements; or

(2) Have an updated assessment to include any additional kinship children or youth who were not identified on their current license within 90 days of the placement occurring.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0050, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0060 Foster care maintenance payments.

Caregivers must be licensed to receive monthly foster care maintenance payments while caring for kinship children or youth, per WAC 110-50-0470.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0060, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0070 Training, services, and financial support.

Caregivers may request the following from the department to assist in meeting the needs of kinship children or youth:

(1) Training;

(2) In or out-of-home services; or

(3) Financial support including, but not limited to:

(a) Transportation or mileage reimbursement;

(b) Property damage reimbursement; and

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0070, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0080 Respite or babysitting for children and youth.

Caregivers:

(1) Have the right to receive breaks from caregiving, including respite;

(2) Must obtain their caseworker's approval if babysitting will be provided regularly or more than 72 hours; and

(3) May:

(a) Make their own arrangements for babysitting using the prudent parenting guidelines, if it will be provided occasionally and is less than 72 hours, per RCW 74.13.710;

(b) Have respite provided inside or outside of their home;

(d) Request the department or their CPA to help locate licensed foster homes to provide respite care; and

(e) Contact the children's or youth's caseworker to locate tribal certified respite homes.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0080, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0090 Paid certified kinship respite provider requirements.

Certified kinship respite providers must:

(1) Be approved by the department to receive payment prior to providing respite care; and

(2) Complete the following when providing respite care in the:

(a) Licensed kinship caregiver's home:

(i) Application;

(ii) A federal bureau of investigation fingerprint-based background check;

(iii) At least one interview; and

(iv) Infant safety agreement; or

(b) Certified kinship respite provider's home. In addition to the requirements in this subsection, they must also complete:

(i) A walkthrough of their home with a licensor; and

(ii) Background checks for household members, as outlined in chapter 110-04 WAC.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0090, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0100 Providing kinship respite care in licensed kinship homes.

Licensed kinship caregivers:

(1) Must only provide respite care to other kinship children or youth; and

(2) May request a reassessment of their current license to add kinship children or youth they plan to provide respite for to be eligible to receive payment for any respite provided.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0100, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0110 Applicants or licensed kinship caregivers' right to an administrative hearing.

Caregivers:

(1) Have a right to an administrative hearing per chapter 110-03 WAC;

(2) May request an administrative hearing if they contest the department's decision to deny, suspend, or revoke their license; and

(3) Must submit a written request for an administrative hearing to the office of administrative hearings within 28 calendar days of receiving a certified letter with the department's decision.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0110, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0120 Meeting the basic and specific needs of children and youth.

Caregivers must meet or request assistance from the children's or youth's caseworkers to develop a plan that meets the child's or youth's basic and specific needs. This includes, but is not limited to, providing:

(1) Food, including options for:

(a) Allergies;

(b) Specific diets; and

(2) Seasonally appropriate clothes;

(3) Medications;

(4) Medical, vision, and dental care and equipment including, but not limited to:

(a) Incontinence items;

(b) Glasses; and

(5) Diapers and wipes.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0120, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0130 Meeting the safety and well-being needs of children and youth.

Caregivers:

(1) Must follow these requirements when caring for children and youth:

(a) Make reasonable efforts to protect children and youth from abuse or neglect;

(b) Follow the children's or youth's case plans, including making them available for family time and visits with siblings;

(c) Provide access to meet with children or youth in care at any time, including at their home and property, to support their safety and well-being. Access must be given to the following, as applicable:

(i) The department;

(ii) CPA representatives;

(iii) Tribes; and

(iv) The child's or youth's guardian ad litem (GAL), court appointed special advocate (CASA), or attorney.

(d) Provide and arrange for care that is appropriate for children or youth;

(e) Provide children or youth with a safe, nurturing, respectful, and supportive environment;

(f) Obtain approval from the children's or youth's caseworker prior to making any significant changes to their appearance including, but not limited to:

(i) Hair dying or haircuts;

(ii) Piercings; and

(iii) Tattoos;

(g) Provide:

(i) Ongoing and appropriate haircare that is specific to the needs of the children or youth; and

(ii) Emotionally and developmentally appropriate care regarding their race, religion, culture, and SOGIE in their home and community including, but not limited to:

(A) Providing children and youth:

(I) A supportive and affirming environment;

(II) Opportunities for spiritual or religious participation or nonparticipation; and

(III) Tribal activities within their tribal community or extended family;

(B) Using their pronouns and chosen name;

(D) Connecting them to appropriate resources; and

(h) Not use drugs or alcohol, whether legal or illegal, in a manner that affects their ability to provide safe care to children or youth; and

(2) May be required to complete trainings or participate in in-home services to address the needs of children or youth placed in their home.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0130, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0140 Additional requirements for Indian children.

Caregivers must follow these additional requirements when caring for Indian children and youth in their care:

(1) Provide opportunities and support by connecting them with their tribal families and communities including, but not limited to, attending cultural and spiritual events, activities, and ceremonies, or learning tribal stories and songs;

(2) Collaborate with their caseworker:

(a) To support their connections to their tribal families and communities, as needed;

(b) When repairing, replacing, or providing culturally significant items; and

(i) Following the local Indian child welfare advisory committee recommendations, if applicable;

(ii) Managing tribally funded payments, e.g., per capita, general welfare, settlement funds, if applicable;

(iii) Possessing and using Native American traditional medicines including, but not limited to:

(A) Sage;

(B) Cedar; and

(iv) Using baby boards and moss bags;

(v) Providing plant-based or lactose free alternatives to cow's milk, if applicable;

(vi) Allowing Indian children or youth to attend cultural events and activities;

(vii) Not using discipline methods that interfere with the child's or youth's cultural needs, including cutting their hair, or taking away any religiously or culturally significant items or events; and

(viii) Consulting with tribes prior to any out-of-state or out-of-country travel when caring for children or youth in the care and custody of a tribal court; and

(3) Obtain approval from their caseworkers prior to making any changes to the child's or youth's appearance including, but not limited to:

(a) Hair dying or haircuts;

(b) Piercings; and

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0140, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0150 Conditions of the home.

(1) Caregivers must make reasonable efforts for their home to meet the following conditions for and be based on the developmental needs of the children and youth placed in their care including, but not limited to:

(a) Having:

(i) A method for heating and cooling;

(ii) Access to electricity and lighting, safe drinking water, and toilet and bathing facilities; and

(iii) Safe and sanitary pets; and

(b) Verifying safe outdoor spaces when accessible to children or youth. This includes, but is not limited to, providing adequate supervision for the following:

(i) Trampolines;

(ii) Bodies of water;

(iii) Pools;

(iv) Hot tubs; and

(v) Fire pits; and

(i) Pest infestation;

(ii) Fire hazards, including exposed wires or flammable materials within three feet of a fire source; and

(iii) Other safety hazards that may be accessible to children or youth, including:

(A) Overflowing garbage;

(B) Uncontained pet waste; and

(2) The department will make reasonable efforts to assist caregivers in acquiring necessary items to verify and maintain safe and sanitary conditions of the home and property, if these conditions are not met.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0150, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0160 Sleeping arrangements.

Caregivers must meet the following sleeping arrangement conditions based on children's or youth's ages, development, and specific needs:

(1) Children under 12 months old must have a safe sleeping space that meets the infant safe sleep requirements, which includes bassinets, Native American cradle boards and moss bags, portable cribs, or cribs. Cribs must comply with:

(a) Chapter 70.111 RCW; and

(b) 16 C.F.R. 1219 or 1220; and

(2) Children and youth older than 12 months must have their own safe sleeping space with bedding, unless other arrangements have been approved by their caseworker.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0160, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0170 Medical consent.

Caregivers:

(1) Have the authority to consent to routine medical, dental, and vision care on behalf of children or youth in the placement care and authority of the department or tribe who are younger than 18 years of age who are placed in their care;

(2) Must:

(a) Discuss children's and youth's routine care needs with the caseworkers who will incorporate the care needs into their case plans;

(b) Obtain direction from the tribes for permission to consent for medical care for children or youth in the custody of tribal court;

(c) Contact the children's or youth's caseworkers prior to scheduling nonroutine and nonemergent medical services. These services include, but are not limited to:

(i) Any procedures requiring anesthesia, e.g., tonsillectomy, tympanostomy, or wisdom teeth extraction;

(ii) Psychotropic medications for any children younger than 13 years of age or who are not able to give their own consent;

(iii) Surgery; and

(iv) Medical procedures; and

(d) Follow state laws regarding children's or youth's ability to access and consent to medical care including, but not limited to:

(i) Mental health care;

(ii) Protected health care;

(iii) Reproductive health care;

(iv) Sexually transmitted diseases; and

(v) Substance use treatment; and

(e) Not consent to medical care on behalf of an individual 18 years or older, unless they have legal authority to do so.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0170, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0180 Medication administration and accessibility.

Caregivers must:

(1) Complete the following when children or youth are taking:

(a) Prescription medications:

(i) Notify their caseworker of the prescribed medications and any changes to medications, e.g., types or doses;

(ii) Give the medications in the amount and frequency prescribed by the licensed health care provider; and

(iii) Only:

(A) Start or stop giving the medications with approval from their licensed health care provider; and

(B) Use the medications for behavior control, including for sleep, when prescribed for that purpose; and

(b) Over-the-counter medications. Give over-the-counter medications to children or youth only as specified on the label; and

(2) Provide accessibility to medications for children or youth to:

(a) Others who are approved to provide medications; and

(b) Youth who are approved to take their own medicine; and

(3) Allow the following individuals to take their own medication:

(a) Youth participating in the extended foster care program; and

(b) Children or youth, if written approval is received by their:

(i) Licensed health care providers; and

(ii) Caseworkers.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0180, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0190 Storing medications, substances, toxic products, firearms, and other weapons.

(1) Caregivers must keep children and youth safe by:

(a) Locking firearms, ammunition, and other weapons in a manner that is inaccessible to children;

(b) Verifying lifesaving medications are accessible to them including, but not limited to:

(i) Inhalers;

(ii) Epi-Pens; and

(iii) Naloxone;

(c) Making the following items inaccessible to them when there is a concern about unsafe access based on their age, development, and specific needs:

(i) Prescription medications;

(ii) Over-the-counter medications including, but not limited to:

(A) Vitamins;

(B) Herbal remedies; and

(iii) Substances including, but not limited to:

(A) Alcohol;

(B) Marijuana;

(D) Other drugs or paraphernalia; and

(iv) Toxic materials including, but not limited to:

(A) Cleaning products; and

(B) Mechanical fluids, including motor oil or antifreeze.

(2) The department will provide locking mechanisms if needed.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0190, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0200 Supervising children and youth.

Caregivers must supervise children or youth by:

(1) Providing and arranging for supervision that is appropriate for the children's or youth's age and development; and

(2) Following a written supervision plan if provided by the:

(a) Caseworker; or

(b) CPA.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0200, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0210 Participating in activities.

Caregivers must follow prudent parenting standards requirements in RCW 74.13.710 when allowing children or youth to participate in normal childhood activities.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0210, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0220 Education requirements.

Caregivers must:

(1) Follow the educational plan approved by the children's or youth's caseworkers; and

(2) Enroll school-aged children or youth in public or tribal schools unless there is a court order allowing:

(a) Home schooling;

(b) Private schooling; or

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0220, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0230 Children's and youth's personal belongings.

When handling and storing children's and youth's personal belongings, caregivers must:

(1) Treat belongings with care and respect at all times;

(2) Verify children or youth who leave their home take their personal belongings with them. This includes belongings they brought with them and those acquired while in care, e.g., clothing, mementos, bicycles, gifts, and money;

(3) Secure the children's or youth's belongings for at least 30 calendar days after their departure; and

(4) Coordinate with their caseworker to transfer their belongings to them as soon as possible if they are not able to take them when they leave.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0230, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0240 Privacy for children and youth.

(1) Caregivers must provide children and youth the right to privacy including, but not limited to, personal mail, electronic mail, and phone calls unless the:

(a) Children's or youth's caseworkers ask caregivers to provide monitoring; or

(b) Court approves monitoring as part of the child's or youth's case plan.

(2) Caregivers:

(a) Are prohibited from using video and audio to monitor children or youth in care inside licensed kinship caregiver's homes, unless the criteria in (b) of this subsection or the following conditions are met:

(i) The LD senior administrator approves the use of electronic monitoring devices; or

(ii) The court approves the implementation of video or audio monitoring as part of the children's or youth's case plan;

(b) May use:

(i) Audio or visual monitoring of children or youth in care inside the licensed kinship caregiver's home for the following:

(A) Children, birth through four years of age;

(B) Medically fragile or sick children or youth;

(C) To document actions of children or youth directed in writing by their licensed health care provider using video recording equipment; and

(D) Door or window alarms or motion detectors; and

(ii) Recording for children's or youth's normal childhood events inside or outside of the licensed kinship caregiver's home including, but not limited to:

(A) Birthdays;

(B) Vacations;

(D) First day of school.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0240, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0250 Transportation.

(1) Caregivers must have a plan to transport children or youth to appointments and activities based on children's or youth's age, development, and specific needs.

(2) If caregivers transport children or youth in a private vehicle, they must:

(a) Follow all state traffic laws; and

(b) Have proper safety equipment to provide safe transportation, including car seats or booster seats, based on each child's or youth's age, development, and specific needs.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0250, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0260 Emergency preparedness.

Caregivers must work with their licensor to prepare the home for emergencies to include:

(1) Having:

(a) A reliable way to contact emergency services when children or youth are present in the home;

(b) Working smoke detectors inside and outside of all sleeping areas, on each story, in all play areas, and in the basement of the home;

(d) Access to a working fire extinguisher, recommended 2A10BC-rated five pound or larger in size; and

(e) An unblocked exit to the outside from each child's or youth's sleeping space that is large enough for emergency personnel wearing rescue gear to access, unless a supervision plan is approved by the licensing division's (LD) administrator;

(2) Verifying children or youth can escape from every floor in the home; and

(3) Creating and reviewing an evacuation plan with the children and youth in case of:

(a) Fires;

(b) Natural disasters; or

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0260, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0270 Discipline.

When disciplining children or youth, caregivers:

(1) Must:

(a) Use discipline that is appropriate to the children's or youth's age and level of development; and

(b) Not use physical or verbally abusive, neglectful, humiliating, degrading, or frightening punishment including, but not limited to:

(i) Hitting;

(ii) Spanking;

(iii) Restricting breathing;

(iv) Name calling;

(v) Threats or intimidation;

(vi) Trapping or locking in a space;

(vii) Forced physical exertion or exercise; and

(viii) Other methods that interfere with the children's or youth's:

(A) Basic needs, including withholding food and water;

(B) Cultural needs, including cutting an Indian child's or youth's hair or taking away a religiously or culturally significant item or event; and

(2) May request training on how to use positive methods of guidance for children and youth that promote self-control, self-responsibility, self-direction, self-esteem, and cooperation including, but not limited to:

(a) Directing them to another activity;

(b) Giving them choices when appropriate;

(d) Planning to prevent problems; and

(e) Using positive reinforcement and encouraging them to express their feelings and ideas.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0270, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0280 Physical restraint.

When considering or using physical restraint on children and youth, caregivers:

(1) Must:

(a) Not use physical restraint to redirect or deescalate the situation, unless the children's or youth's behaviors pose an immediate risk to the physical safety of themselves, another individual, or animals, or to prevent serious property damage. If restraint is necessary, it must be reasonable;

(b) Notify the children's or youth's caseworkers of any behavior that results in physical restraint as soon as possible, but within 24 hours of the restraint; and

(2) May be required to complete training on how and when to use physical restraint that is based on the specific needs of the child or youth.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0280, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0290 Reporting incidents.

Caregivers must report the following incidents involving children and youth in their care within these required time frames:

(1) Immediately to the department intake when the incident is a:

(a) Death or near death;

(b) Suspected or disclosed abuse or neglect, as outlined in RCW 26.44.020; and

(i) Consensual; and

(ii) Developmentally appropriate, including not between preschool or teenage peers; and

(2) As soon as possible, but within:

(a) Twenty-four hours, to the children's or youth's caseworkers, any behavior that resulted in a physical restraint; and

(b) Forty-eight hours, to the child's or youth's caseworker or department intake if the child's or youth's caseworker is not available, or it is after normal business hours, for any of the following incidents:

(i) Serious illness or injury, or need for psychiatric care;

(ii) Disclosed suicidal or homicidal thoughts, gestures, or attempts;

(iii) Any medication given or consumed incorrectly; or

(iv) Any treatment by a medical professional for emergency medical or emergency psychiatric care.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0290, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0300 Reporting children and youth missing from care.

Caregivers must complete the following when children or youth are missing from their care:

(1) Notify the following immediately, but not more than 24 hours, when children or youth run away while in their care:

(a) Law enforcement;

(b) Tribal law enforcement for Indian children or youth;

(d) Child's or youth's caseworker; or

(e) Intake, if the child's or youth's caseworker cannot be contacted directly or it is after normal business hours;

(2) Provide the national center for missing and exploited children and law enforcement the following, when reasonably possible, no later than 24 hours of notification that the child or youth is missing from care:

(a) A recent photo of the child or youth;

(b) A description of the child's or youth's physical features, including:

(i) Height;

(ii) Weight;

(iii) Gender;

(iv) Ethnicity;

(v) Race;

(vi) Hair color; and

(vii) Eye color; and

(i) Pregnancy status;

(ii) Prescription medications;

(iii) Suicidal tendencies;

(iv) Vulnerability to being sex trafficked; and

(v) Other health or risk factors;

(3) Not provide the national center for missing and exploited children consent to release children and youth information under subsection (2)(c) of this section; and

(4) At any time after making an initial report the caregiver learns of a missing child's or youth's whereabouts or they return home, caregivers must report this to the:

(a) Caseworker; or

(b) Intake.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0300, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0310 Reporting changes in the home.

(1) Caregivers must:

(a) Notify their licensor before moving to a new location and request a continuation of their current license, per RCW 74.15.100; and

(b) Report the following to their licensor immediately if there is:

(i) A change in their address or telephone number;

(ii) Structure damage to their home;

(iii) A plan to make changes to their home structure; or

(iv) A plan to relocate their home; and

(v) Any of the following changes to individuals in the home including:

(A) A change in the caregiver's spouse or partner;

(B) A separation from the caregiver's spouse or partner;

(D) The death of a caregiver;

(E) An individual moving in or out of the home or property;

(F) Any serious physical or mental incapacity that may interfere with the care of children or youth; or

(G) Any changes in a medical condition, including changes in prescription drugs that impact their ability to care for children or youth.

(2) The department or CPA may require the licensed kinship caregivers to complete a new or updated assessment of the home based on the situations in subsection (1)(b) of this section. This assessment may or may not result in the issuance of a new license.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0310, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0320 Issuing initial licenses.

(1) The department may:

(a) Issue initial licenses:

(i) To caregivers prior to their completed home study to receive basic foster care maintenance payments to assist in the care of specific children or youth; and

(ii) For a maximum of 90 calendar days. If the kinship license is not approved by the 90th day, the caregiver's foster care maintenance payments will be discontinued and resume when the three-year kinship license is approved;

(b) Provide financial support to caregivers while they complete their home study; and

(c) Reissue initial licenses to include any additional kinship children or youth placed in the home after an initial license is issued.

(2) The department must inform caregivers they may receive an initial license to care for specific children or youth in the department's placement care and authority or when requested by a tribe or tribal CPA for children or youth in their jurisdiction when the following conditions are met:

(a) Children or youth are currently placed in a kinship caregiver's home;

(b) The caregiver agrees to receive an initial license; and

(i) Parents or guardians who are approved to reside in the home; or

(ii) A household member who cannot pass a conditional approval when there is a:

(A) Court order allowing them to remain in the home with the child or youth; and

(B) Supervision plan is in place.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0320, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0330 Kinship licensing process.

(1) Caregivers applying to become licensed kinship caregivers must:

(a) Collaborate with their licensor to complete the licensing process, which includes, but is not limited to:

(i) Providing:

(A) The required licensing documents as outlined in the licensing provider portal; and

(B) Verification that the caregivers are at least 18 years old;

(ii) Completing the background checks requirements for all household members, per chapter 110-04 WAC; and

(iii) Participating in:

(A) A home study;

(B) An inspection of their home; and

(C) Additional assessments, in rare circumstances when related to the safety and specific needs of the children or youth in care including, but not limited to:

(I) Mental health;

(II) Substance abuse; or

(III) Collaterals; and

(b) Complete the kinship licensing process prior to the 90th day of the initial license being issued to avoid a break in foster care reimbursement payment.

(2) Caregivers have the right to:

(a) Access caregiver support at any time during the licensing process; and

(b) Request a review of their concerns regarding the licensing process.

(3) The department or CPA may withdraw a caregiver's application if they are not engaging in the licensing process.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0330, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0340 Background check requirements.

(1) Caregivers, caregivers' household members, and individuals on the property having unsupervised access to children or youth must:

(a) Meet the requirements outlined in chapter 110-04 WAC; and

(b) Pass a background check.

(2) The department:

(a) Must:

(i) Disqualify caregivers or those living in a caregiver's home if they:

(A) Do not meet the requirements outlined in this chapter; or

(B) Cannot have unsupervised access to children or youth because they did not pass their background check; and

(ii) Notify caregivers if an individual in their home is:

(A) Disqualified from having unsupervised access to children; and

(B) Cannot remain living in their home; and

(b) May allow a child's or youth's parents or guardians who have been approved to reside in the home to support the children's or youth's case plan.

(3) Kinship children or youth placed in the licensed kinship caregiver's home do not need to complete background checks.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0340, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0350 Issuing or reassessing kinship licenses.

(1) The licensors or CPA workers must complete a home inspection when they receive notification of licensed kinship caregivers moving within 30 calendar days of the:

(a) Licensed kinship caregiver's first night in their new home when children or youth are placed; or

(b) Notification of the move when no children or youth are placed.

(2) The department must:

(a) Make reasonable efforts to assist caregivers in acquiring the necessary items and support to meet the licensing requirements; and

(b) Reassess when caregivers request to:

(i) Add a kinship child or youth to their kinship license and that child or youth was not identified prior to licensure;

(ii) Add or remove caregivers from their license; and

(iii) Apply for a foster home license as outlined in chapter 110-148 WAC;

(d) Make the final decision to license caregivers when they are certified by a CPA.

(3) The department may:

(a) Issue kinship licenses:

(i) To relatives or suitable persons:

(A) As defined:

(I) In RCW 74.15.125 for child-specific licenses;

(II) By tribes; or

(III) By agencies requesting ICPCs; and

(B) Providing care to kinship children or youth in the placement care and authority of the department, tribe, or other jurisdiction; and

(ii) For a three-year period; and

(b) Renew kinship licenses:

(i) When caregivers and their household members meet background check requirements in chapter 110-04 WAC; and

(ii) For the name and address shown on the application when the licensing requirements contained in this chapter are met.

(4) Caregivers with a kinship license:

(a) Must:

(i) Meet and maintain the licensing requirements in:

(A) RCW 74.15.030; and

(B) This chapter; and

(ii) Provide verification to the department that they are meeting the licensing requirements, if requested; and

(b) Do not have the right to:

(i) Have specific children or youth placed in their care; or

(ii) Be a party in any department court proceedings under chapter 13.34 RCW.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0350, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0360 Department and CPA employees applying for kinship licenses.

(1) Employees or their relatives applying for kinship licenses who:

(a) Work for:

(i) The department must follow department policy regarding licensure; and

(ii) A CPA, in the roles of administration, supervision, foster or kinship home certification, placement, payment authorization, or case management may not be certified by that CPA as a foster or kinship home; or

(b) Have financial interests in a CPA may not be licensed or certified by that CPA.

(2) If caregivers obtain employment from the CPA that has already certified their home, and they serve in any role listed in subsection (1)(a)(ii) of this section, they must be recertified through another CPA or become licensed directly by the department within six months of employment.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0360, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0370 Kinship caregivers having multiple licenses, certifications, or authorizations.

(1) Applicants must submit a complete licensing application for each license they are requesting.

(2) The department:

(a) Must:

(i) Conduct an individualized assessment of each complete license application when applicants apply for more than one license, prior to approving or denying an application for any license, certification, or authorization requested by the applicant; and

(ii) Determine the capacity limits for each license based on the requirements in the chapter within Title 110 WAC that authorizes the license; and

(b) May approve:

(i) Licensed kinship caregiver's requests to have more than one department license, certification, or authorization, including child care and kinship licenses; and

(ii) Multiple kinship licenses for the same home or address when:

(A) There are multiple licensed kinship caregivers living in the same home or address; and

(B) Each licensed kinship caregiver is licensed to care for different children or youth.

(3) Providers who hold both a child care and a kinship license must:

(a) Comply with WAC 110-300-0300; and

(b) Develop and follow a written individual care plan for every child or youth in their care with developmental, health, or behavioral needs.

(4) Providers who:

(a) Hold a child care early learning program license;

(b) Offer overnight child care authorized under chapter 110-300 WAC; and

(i) WAC 110-300-0270; and

(ii) All other applicable rules under this chapter and chapter 110-300 WAC.

(5) If the department determines that licensed kinship caregivers are not in compliance with all applicable requirements and regulations for any license, certification, or authorization:

(a) The department and licensed kinship caregivers may mutually agree to amend one or more of the licenses, certifications, or authorizations;

(b) The licensed kinship caregivers may voluntarily agree to surrender or relinquish one or more of the licenses, certifications, or authorizations to the department; or

(c) The department may issue fines or suspend, deny, modify, or revoke one or more of the licenses, per RCW 43.216.325 and 74.15.130.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0370, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0380 Renewing kinship licenses.

(1) Caregivers must:

(a) Submit applications for kinship license renewals prior to the expiration date on the current license; and

(b) Collaborate with their licensor to complete the license renewal process which includes, but is not limited to:

(i) Providing the required renewal documents;

(ii) Completing background checks for all household members, per chapter 110-04 WAC; and

(iii) Participating in:

(A) A reassessment; and

(B) An inspection of their home; and

(C) Additional assessments, in rare circumstances when related to the safety and specific needs of the children or youth in care, including, but not limited to:

(I) Mental health;

(II) Substance abuse; and

(III) Collaterals.

(2) The department may:

(a) Send a renewal notice to licensed kinship caregivers 90 calendar days prior to the license expiration date; and

(b) Close a kinship license if an application is not received by the expiration date.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0380, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0390 Provisional expedited kinship licenses.

(1) Caregivers requesting a provisional expedited kinship license:

(a) Must submit a completed provisional expedited license application to the department or a CPA to initiate this type of license;

(b) May request a provisional expedited kinship license if they meet the following requirements:

(i) They have been licensed to provide foster care or licensed kinship care within the previous five years;

(ii) The license was not closed due to a denial, revocation, or an agreement to relinquish;

(iii) They reside in the same home in which they previously held a foster care or kinship license;

(iv) There are no additional household members;

(v) The expedited kinship license will be supervised by the same CPA under whom they were previously licensed or certified if the CPA agrees to supervise the home; and

(vi) The caregiver and all household members have passed the required background checks, per chapter 110-04 WAC; and

(c) Do not have the right to appeal a decision by the department if they do not meet the criteria for a provisional expedited kinship license.

(2) The department may:

(a) Issue provisional expedited kinship licenses when kinship caregivers meet the specific qualifications of this section outlined in RCW 74.15.127 while they work towards a kinship license; and

(b) Continue to work with the caregivers to become fully licensed under this chapter if they do not meet the criteria for approval of a provisional expedited kinship license.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0390, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0400 Licensing requirement exemptions.

When caregivers do not meet the licensing requirements:

(1) The department may approve an exemption to license and continue to license a caregiver if the department finds that they can provide for the safety, health, and well-being of children or youth in their care; and

(2) Caregivers do not have appeal rights if the department denies their request for an exemption to the licensing requirements.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0400, filed 5/30/25, effective 6/30/25.

Wash. Admin. Code § 110-149-0410 Denying, suspending, or revoking a license.

The department:

(1) Will work or attempt to work with caregivers before moving to deny, suspend, or revoke kinship licenses;

(2) May deny, suspend, or revoke kinship licenses when:

(a) The department has determined that caregivers have abused, neglected, or abandoned a child or youth; or

(b) Caregivers:

(i) Do not meet the licensing requirements in this chapter;

(ii) Have others in the home that have not passed a background check; and

(iii) Commit, permit, or assist in an illegal act on the property of a home or facility providing care to children or youth;

(iv) Knowingly provide false information to the department that impacts the safety and well-being of children or youth in care;

(v) Cannot provide for the safety, health, and well-being of the children in their care; or

(vi) Cannot or will not support a child's or youth's cultural needs including needs based on their race, ethnicity, religion, or SOGIE;

(3) Will send caregivers a certified letter notifying them the department has decided to deny, suspend, or revoke their license. The letter will also inform them what they need to do if they disagree with the department's decision;

(4) Has jurisdiction over all:

(a) Applicants for licenses;

(b) Licenses issued by the department; and

(5) Retains jurisdiction over licensing applications and licenses when caregivers:

(a) Request to withdraw their application; or

(b) Surrender or fail to renew their license.

History

Statutory Authority: Chapters 13.34, 74.13, 74.15 RCW, and 45 C.F.R. ss 1355 and 1356. WSR 25-12-071, s 110-149-0410, filed 5/30/25, effective 6/30/25.

Chapter 110-150 Standards for health and safety reviews of the Washington state school for the deaf.

Wash. Admin. Code § 110-150-0010 What is the purpose of this chapter?

The purpose of this chapter is to outline the process of investigating child abuse or neglect at Washington state school for the deaf and establish rules for completing health and safety monitoring reviews of the school.

History

WSR 18-14-078, recodified as § 110-150-0010, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0100, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0020 What are the definitions for this chapter?

The following definitions apply to this chapter:

"CA/N" means child abuse or neglect as defined in chapter 26.44 RCW.

"Department" or "DCYF" means the department of children, youth, and families.

"LD" means the licensing division, a division of DCYF.

"Residential staff" means individuals in charge of supervising the day-to-day living situation of the children in the residential portion of the school.

"School" means the Washington state school for the deaf.

"Superintendent" means the superintendent of the Washington state school for the deaf.

"WSD" means the Washington state school for the deaf.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-150-0020, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-150-0020, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0110, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0030 Is CPS required to investigate allegations of CA/N of students at the school?

The department's child protective services (CPS) must investigate referrals of alleged child abuse or neglect occurring at the Washington state school for the deaf. This includes alleged incidents of students abusing other students.

History

WSR 18-14-078, recodified as § 110-150-0030, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0120, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0040 What is included in the CPS investigation?

(1) A CPS investigation at the school must determine if:

(a) Abuse or neglect is substantiated or "founded"; and

(b) A referral to law enforcement is appropriate.

(2) CPS must send a copy of the investigative report for incidents of alleged abuse or neglect to the school's superintendent.

(3) CPS may include recommendations for increasing student safety to the superintendent and the board of trustees or its successor board.

History

WSR 18-14-078, recodified as § 110-150-0040, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0130, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0050 What health and safety reviews are required?

The department must complete health and safety reviews of the school as follows.

(1) A comprehensive health and safety review of WSD must be completed every three years; and

(2) Monitoring health and safety reviews must be completed at least quarterly until December 1, 2006.

History

WSR 18-14-078, recodified as § 110-150-0050, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0140, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0060 Who receives a copy of the completed health and safety reports?

(1) The department must provide a copy of the comprehensive health and safety review report of the school to:

(a) The governor;

(b) The legislature;

(d) The school's board of trustees or its successor board.

(2) The department provides a copy of the periodic monitoring health and safety review reports of the school to the superintendent and to the governor.

History

WSR 18-14-078, recodified as § 110-150-0060, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0150, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0070 What health and safety standards and written policies will the monitors be looking for when conducting their health and safety reviews of the school?

Reporting requirements

The health and safety standards that apply to WSD are as follows:

(1) All residential program personnel and volunteer staff at the school must comply with the mandatory reporting requirements of child abuse or neglect, RCW 26.44.020.

(2) The school must comply with all applicable fire marshal and department of health requirements.

Written policies and procedures

(3) The department will be reviewing the written policies and procedures of the school that:

(a) Promote a program aimed at providing personal safety and protection of all students residing at the school;

(b) Provide sufficient staffing levels on all shifts to meet the physical, emotional, and safety needs of all students, as required under RCW 72.40.240;

(c) Implement and maintain effective admission and retention policies that protect all students from sexual victimization, as required under RCW 72.40.270;

(d) Implement and maintain an effective communication system between educational staff and residential staff and parents and/or legal guardians;

(e) Ensure that the residential facility meets all applicable fire and health requirements and promote environmental safety against physical risk or harm to students;

(f) Minimize student-to-student conflict or harm when transporting students;

(g) Conduct and document background and CA/N checks on all staff to determine each employee's suitability for employment at the school (see chapter 110-04 WAC);

(h) Provide all students with training on self-protection from abuse or neglect, as required under RCW 72.40.230 and 72.40.260;

(i) Implement and maintain effective child protection policies that include proper reporting of incidents, notification, documentation, and cooperation with the department and law enforcement;

(j) Describe what procedures staff must follow when they have reason to believe a student may have been abused or neglected, as defined under RCW 26.44.020; and

(k) Maintain adequate documentation of all abuse or neglect incidents.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-150-0070, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-150-0070, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0160, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0080 What specific areas must be included in the comprehensive health and safety review?

(1) In conducting a comprehensive health and safety review of the school, the department must review the DCYF's case and electronic records for any CA/N referrals and the disposition of the investigations.

(2) The reviewers must:

(a) Examine the residential facilities for health and safety (a specific list of elements for review are outlined in WAC 110-150-0140);

(b) Develop appropriate questionnaires or survey tools for interviews;

(c) Conduct interviews of staff, students, parent, teacher, and community stakeholders for concerns of student health and safety at the school;

(d) Review facility logs, including incident reports and daily shift logs;

(e) Review medication policies, including documentation of medicine disbursement when and by whom;

(f) Review admissions and expulsion policies for compliance with RCW 72.40.040;

(g) Review staff coverage policies for compliance with RCW 72.40.240 and 72.40.270;

(h) Review behavior management policy for compliance with RCW 72.40.220, including a description of the de-escalation techniques used with different ages or developmental levels of students;

(i) Review employee/volunteer supervision policies for compliance with RCW 72.40.250;

(j) Review policies for protecting students from abuse or neglect policies for compliance with RCW 72.40.250;

(k) Review any corrective action plans including implementing the written plan of action to assure health and safety and prevention of abuse or neglect incidents as directed in RCW 72.40.250;

(l) Review the documentation of awareness and prevention training of staff for compliance with RCW 72.40.230 and 72.40.260; and

(m) Sample criminal history and CA/N checks of school employees for compliance with the school's criminal history inquiry and FBI fingerprinting process.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-150-0080, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-150-0080, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0170, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0090 What health and safety areas must be included in the monitoring review?

(1) The health and safety areas covered in the monitoring review must include, but are not limited to, the following:

(a) Inspection and evaluation of the school's incident log;

(b) Child protective services investigation documentation;

(d) Residential facilities, cafeteria, nurse's station, and all other venues where residential students frequent;

(e) Staff, student, and parent interviews; and

(f) Review any corrective action plans including implementing the written plan of action to assure health and safety and prevention of abuse or neglect incidents.

(2) The monitoring review may include, but is not limited to, the following:

(a) Written personnel policies and procedures;

(b) Personnel records including background check results; and

History

WSR 18-14-078, recodified as § 110-150-0090, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0180, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0100 Must WSD allow the department access to the records of the school?

Consistent with federal law, the school must give the department complete access to all records and documents requested by the reviewers in monitoring and conducting the reviews of the school.

History

WSR 18-14-078, recodified as § 110-150-0100, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0190, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0110 Must WSD allow the department access to all students and staff for the reviews?

Consistent with federal law, the school must give the department complete access to students and staff requested by the reviewers in monitoring and conducting the reviews of the school.

History

WSR 18-14-078, recodified as § 110-150-0110, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0200, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0120 What must be included in the incident documentation?

The incident log documentation must include:

(1) The students involved (not identified to the reviewers);

(2) The date and time of the incident;

(3) A description of what occurred, any injury and severity of injury;

(4) Any other persons present at the time of the incident; and

(5) Any action taken by WSD staff, including notification of the child's parents.

History

WSR 18-14-078, recodified as § 110-150-0120, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0210, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0130 What are the staffing requirements for the residential portion of the school?

(1) A staffing ratio of 1:7 must be maintained for residential students while students are in dorms or cottages and when they are participating in elective activities.

(2) A staffing ratio of 1:9 must be maintained for visiting and day students while they are in the residential settings.

History

WSR 18-14-078, recodified as § 110-150-0130, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0220, filed 1/24/03, effective 3/1/03.

Wash. Admin. Code § 110-150-0140 What are the physical environment safety requirements for the residential facilities?

The school must ensure that the residential facilities comply with the applicable state fire marshal and department of health regulations, including the following:

(1) The grounds, office, living areas, kitchen, bedrooms, bathrooms, shops, recreational areas, and laundry areas are clean and free of hazardous conditions.

(2) Furnishings are clean, comfortable, durable, and safe.

(3) Cleaning products and toxic chemicals are securely stored.

(4) Medications are securely stored.

(5) First-aid supplies are readily available.

(6) Emergency lighting devices are available.

(7) Kitchen and bathrooms are ventilated.

(8) The facilities regularly conduct and document fire drills.

(9) Smoke detectors are regularly inspected and the results of the inspections are documented.

(10) Procedures for evacuation and other emergencies are posted, reviewed, and tested at regular intervals.

History

Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-150-0140, filed 1/27/20, effective 2/27/20. WSR 18-14-078, recodified as § 110-150-0140, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.15.030 and 74.20.280. WSR 03-04-013, § 388-180-0230, filed 1/24/03, effective 3/1/03.

Chapter 110-300 Foundational quality standards for early learning programs.

Wash. Admin. Code § 110-300-0001 Intent and authority.

(1) The department of children, youth, and families was established under chapter 6, Laws of 2017. Chapter 43.216 RCW establishes the department's responsibility and authority to set and enforce licensing requirements and ECEAP standards, including the authority to adopt rules to implement chapter 43.216 RCW.

(2) Under chapter 7, Laws of 2015 3rd sp. sess. (Early Start Act), the state legislature directed the department to create a single set of licensing standards for center and family home providers.

(3) This chapter reflects the department's commitment to:

(a) Promoting the health, safety, and well-being of children;

(b) Expanding access to high quality early learning opportunities to improve outcomes for young children;

(d) Recognizing parents and guardians as a child's primary teacher and advocate.

(4) Pursuant to this chapter, the department will periodically monitor and assess early learning programs to determine compliance with these foundational quality standards.

History

WSR 18-15-001, recodified as § 110-300-0001, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0001, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0005 Definitions.

Unless the context requires otherwise, the following definitions apply to this chapter:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Accessible to children" means items, areas or materials of an early learning program that a child can reasonably reach, enter, use, or get to on their own.

"Accommodations" means program curriculum and instruction, activities, spaces, and materials that have been adapted to help children and adults with special need function within their surroundings.

"Active supervision" or "actively supervise" means a heightened standard of care beyond supervision. This standard requires early learning providers to see and hear the children they are responsible for during higher risk activities. Providers must be able to prevent or instantly respond to unsafe or harmful events.

"ADA" refers to the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq.

"Aide" is a person who offers support to early learning program staff.

"Allergy" or "allergies" refers to an overreaction of the immune system to a substance that is harmless to most people. During an allergic reaction, the body's immune system treats the substance or "allergen" as an invader. The body overreacts by releasing chemicals that may cause symptoms ranging from mildly annoying to life threatening. Common allergens include certain foods (milk, eggs, fish, shellfish, common tree nuts, peanuts, wheat, and soybeans) pollen, mold, or medication.

"Annual" or "annually" means an event that occurs each calendar year, not to exceed 365 days between occurrences.

"Applicant" means an individual who has made a formal request for a child care license, certification, exemption, or portable background check.

"Appropriate" when used to refer to child care or educational materials means that the materials will interest and challenge children in terms of their ages and abilities.

"Appropriately" means correct or properly suited for a particular situation.

"Asexual" means the lack of a sexual attraction or desire for other individuals.

"Assistant director" is a person responsible for the overall management of the center early learning program including the facility and operations.

"Assistant teacher" is a person whose work is to assist a lead teacher or licensee in providing instructional supports to children and implementing a developmentally appropriate program. The assistant must carry out assigned tasks under the supervision of a lead teacher, program supervisor, director, assistant director, or licensee.

"ASTM" refers to the American Society for Testing and Materials.

"Bathroom" means a room containing a built-in, flush-type toilet.

"Bias" means a tendency to believe that some people or ideas are better than others that usually results in treating some people unfairly.

"Bisexual" means individuals who have an emotional or physical attraction to individuals of the same and different genders.

"Body of water" or "bodies of water" is a natural area or human-made area or device that contains or holds a depth of more than two inches of water. Examples include swimming pools, ditches, canals, fish ponds, water retention areas, excavations, and quarries.

"CACFP" means the Child and Adult Care Food Program established by Congress and funded by the United States Department of Agriculture (USDA).

"Cannabis" (also known as "marijuana") refers to all parts of the cannabis plant, whether growing or not, the seeds thereof, the resin or concentrate extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

"Capacity" means the maximum number of children early learning providers are authorized by the department to have in care at any given time. This includes any children on-site at the early learning program and any children in transit to or from the program or other activities such as field trips while the children are signed in to the care of the program.

"Center early learning program" is a facility providing regularly scheduled care for a group of children birth through 12 years of age for periods of less than 24 hours a day, pursuant to RCW 43.216.010 (1)(a) (child day care center).

"Center early learning program licensee" or "center licensee" means an entity licensed and authorized by the department to operate a center early learning program.

"Certificate of exemption (COE)" has the same meaning in this chapter as in WAC 246-105-020.

"Certificate of immunization status" has the same meaning in this chapter as in WAC 246-105-020.

"Certificate of occupancy" means a document issued by a local government agency or building department that certifies a building complies with applicable building codes and other laws and indicates that the building is in a condition suitable for occupancy.

"Certification" means department approval of a person, home, or facility that is exempt from licensing but requests evidence that the program meets these foundational licensing standards.

"Child" means an individual who is younger than age 13, including any infant, toddler, preschool-age child, or school-age child as defined in this chapter.

"Child care" refers to supervision of children outside the child's home for periods of less than 24 hours a day.

"Child care basics (CCB)" means curriculum designed to meet the initial basic training requirement for early learning program staff working in licensed or certified programs in Washington state. It serves as a broad introduction for professionals who are pursuing a career in the early care and education field.

"Chromated copper arsenate (CCA)" is a wood preservative and insecticide that contains roughly 22 percent arsenic, a known carcinogen. The United States restricted the use of CCA on residential lumber in 2003, but it can still be found on older decks and playground equipment. Information about the health hazards of arsenic can be found on the department of health's website.

"Clean" or "cleaning" means to remove dirt and debris from a surface by scrubbing and washing with a detergent solution and rinsing with water. This process must be accomplished before sanitizing or disinfecting a surface.

"Confidential" means the protection of personal information, such as the child's records, from individuals who are not authorized to see or hear the information.

"Consistent care" means providing steady opportunities for children to build emotionally secure relationships by primarily interacting with a limited number of early learning program staff.

"Contagious disease" means an illness caused by an infectious agent of public health concern which can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission through an intermediate host or vector, food, water, or air. Contagious diseases pertinent to this chapter are described in WAC 246-110-010.

"Continuous" means without interruptions, gaps, or stopping.

"Core competencies" are standards required by the department that detail what early learning providers need to know and are able to do to provide quality care and education for children and their families.

"CPSC" means the United States Consumer Product Safety Commission.

"Cultural" or "culturally" means in a way that relates to the ideas, customs, and social behavior of different societies.

"Curriculum philosophy" means a written statement of principles developed by an early learning provider to form the basis of the learning program of activities, including age appropriate developmental learning objectives for children.

"DCYF" or "the department" refers to the Washington state department of children, youth, and families.

"Developmental screening" is the use of standardized tools to identify a child at risk of a developmental delay or disorder. (Source: American Academy of Pediatrics, Healthy Child Care America, 2009).

"Developmentally appropriate" means:

(a) Early learning providers interact with children in a way that recognizes and respects each child's chronological and developmental age;

(b) Knowledge about how children grow and learn;

(d) Interactions and activities are planned with the developmental needs of the individual child in mind.

"Director" means the person responsible for the overall management of a center early learning program including the facility and operation.

"Disability" or "disabilities" has the same meaning in this chapter as in RCW 49.60.040(7), the Washington law against discrimination.

"Discipline" means a method used to redirect a child in order to achieve a desired behavior.

"Disinfect" means to eliminate virtually all germs from an inanimate surface by the process of cleaning and rinsing, followed by:

(a) The application of a fragrance-free chlorine bleach and water solution following the department of health's current guidelines for mixing bleach solutions for child care and similar environments; or

(b) The application of other disinfectant products registered with the EPA, if used strictly according to the manufacturer's label instructions including, but not limited to, quantity, time the product must be left in place, adequate time to allow the product to dry or rinsing if applicable, and appropriateness for use on the surface to be disinfected. Any disinfectant used on food contact surfaces or toys must be labeled "safe for food contact surfaces."

"Disinfectant" means a chemical or physical process that kills bacteria and viruses.

"Drinking water" or "potable water" is water suitable for drinking by the public as determined by the Washington state department of health or a local health jurisdiction.

"Dual language learners" refers to children who are learning two or more languages at the same time. This term includes children who learn two or more languages from birth, and children who are still mastering their home language when they are introduced to and start learning a second language. (Source: The Washington State Early Learning and Development Guidelines.)

"Early achievers" is a statewide system of high-quality early learning that connects families to early learning programs with the help of an easy to understand rating system and offers coaching, professional development, and resources for early learning providers to support each child's learning and development.

"Early childhood education and assistance program (ECEAP)" is a comprehensive preschool program that provides free services and support to eligible children and their families.

"Early childhood education (ECE) initial certificate" (12 quarter credits) is Washington's initial certificate in early childhood education and serves as the point of entry for a career in early learning and covers foundational content for early learning professionals.

"Early childhood education (ECE) short certificate," an initial certificate plus eight quarter credits, is Washington state's short certificate in early childhood education and offers areas of specialization, building on the state's initial certificate.

"Early childhood education (ECE) state certificate," a short certificate plus 27 quarter credits, is Washington state's certificate in early childhood education and is the benchmark for Level 2 core competencies for early care and education professionals and prepares for the next step, an associate's degree in early childhood education.

"Early learning program" refers to regularly scheduled care for a group of children birth through 12 years of age for periods of less than 24 hours, licensed by the department.

"Early learning program space" means the licensed indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.

"Early learning program staff" refers to all persons who work, substitute, or volunteer in an early learning program during hours when children are or may be present, excluding licensees.

"Early learning provider" or "provider" refers to an early learning licensee or designee who works in an early learning program during hours when children are or may be present. Designees include center directors, assistant directors, program supervisors, lead teachers, assistants, aides, and volunteers.

"Electronic record" means a record generated, communicated, received or stored by electronic means for use in an information system or for transmission from one information system to another.

"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.

"Electronic workforce registry" refers to DCYF's current database of professional records of individual early learning providers.

"Emergency preparedness" means a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective action in an effort to ensure effective coordination in case of emergencies or during incident response.

"Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.216.325(3). An early learning provider may contest enforcement actions and seek an adjudicative proceeding pursuant to chapter 110-03 WAC.

"EPA" means the United States Environmental Protection Agency.

"Equivalency" when referring to staff qualifications means an individual is allowed to meet the requirements of this chapter through a department recognized alternative credential, or demonstration of competency, that indicates similar knowledge as the named credential.

"Exempt" or "exemption" means, as applied to immunizations, a type of immunization status where a child has not been fully immunized against one or more vaccine preventable diseases required by chapter 246-105 WAC for full immunization due to medical, religious, philosophical or personal reasons. Under chapter 362, Laws of 2019, if a child plans on attending or is attending a center early learning program, a philosophical or personal objection may not be used to exempt a child from the measles, mumps, and rubella vaccine.

"Expel" or "expulsion" means to end a child's enrollment in an early learning program. An early learning provider will end a child's enrollment if the provider is unable to meet a child's needs due to the child's challenging behavior.

"Family home early learning program" means an early learning program licensed by the department where a family home licensee provides child care or education services for 12 or fewer children in the family living quarters where the licensee resides as provided in RCW 43.216.010 (1)(c) (family day care provider).

"Family home early learning program licensee" or "family home licensee" means an individual licensee authorized by the department to operate a family home early learning program within the licensee's family living quarters.

"Family living quarters" means a family home licensee or applicant's residence and other spaces or building on the premises.

"Food worker card" means a food and beverage service worker's permit as required under chapter 69.06 RCW.

"Foundational quality standards" refers to the administrative and regulatory requirements contained within this chapter. These standards are designed to promote the development, health, and safety of children enrolled in center and family home early learning programs. The department uses these standards to equitably serve children, families, and early learning providers throughout Washington state.

"Gay" means physically attracted to someone of the same gender. Gay is sometimes an umbrella term for the LGBTQIA+ community.

"Gender fluid" means individuals whose gender identities are flexible, not permanent.

"Good repair" means about 80 percent of materials and components are unbroken, have all their pieces, and can be used by children as intended by the manufacturer or builder.

"Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of Washington state to provide health care in the ordinary course of business or practice of a profession.

"Household member" means one or more individuals who live in the same dwelling or share living arrangements, and may consist of family relatives or other groups of people.

"Immunization" is the process of administering a vaccine to make a person immune or resistant to an infectious disease.

"Inaccessible to children" means a method to prevent a child from reaching, entering, using, or getting to items, areas, or materials of an early learning program.

"Inactive" when used by the department to indicate a licensing status, means early learning providers who have requested and have been approved to temporarily cease caring for children and close their early learning program.

"Individual care plan" means a specific plan to meet the individual needs of a child with a food allergy, special dietary requirement due to a health condition, other special needs, or circumstances.

"Infant" is a child birth through 11 months of age.

"In-service training" means professional development requirements for continuing education delivered or approved by the department to maintain staff standards and qualifications while employed as an early learning provider.

"Inspection report" means a written or digital record developed by the department that identifies violations of licensing standards. An inspection report is separate from and does not include a facility licensing compliance agreement (FLCA).

"Internal review process" has the same meaning in this chapter as in RCW 43.216.395, as now or hereafter amended.

"Lead teacher" means an early learning provider who works as the lead staff person in charge of a child or group of children and implements activity programs.

"Lesbian" means females or women who have an emotional or physical attraction for other females or women.

"LGBTQIA+" means lesbian, gay, bisexual, transgender, queer or questioning, intersex, and asexual. The "+" represents identities not specifically named in the LGBTQIA acronym (e.g., pansexual, gender nonbinary, and Two-spirit).

"License" means a permit issued by the department legally authorizing an applicant to operate an early learning program.

"Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.

"Licensee" means an individual or legal entity listed on a license issued by the department, authorized to provide child care or early learning services in a center or family home setting.

"Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat.

"Locking mechanism" means a lock that requires a key, tumbler, dial, passcode, touchpad, or similar device or method to lock and unlock.

"Modification" when used in reference to an early learning provider's licensing status, means an enforcement action by the department to change the conditions identified on a licensee's current license.

"Nonexpiring license" means a license that is issued to an early learning provider following the initial licensing period, pursuant to chapter 43.216 RCW.

"Operating hours" means the hours listed in an early learning program parent handbook when the program is open and providing care and services to children.

"Parent" or "guardian" means birth parent, custodial parent, foster parent, legal guardian or those authorized by the parent or entity legally responsible for the welfare of the child.

"Peer interaction" refers to relationships children have with one another, which includes how infants and toddlers play near one another and how preschoolers play together, communicate, and whether they fight or get along.

"Personal needs" means an early learning provider's toileting or medication needs. Personal needs do not include smoking or use of tobacco products, illegal drug use or misuse or prescription drugs, conducting business or related activities, sleeping or napping, screen time, or leaving children in care unattended.

"Pest" means an animal, plant, or insect that has a harmful effect on humans, food, or living conditions.

"Pesticide" refers to chemicals used to kill pests.

"Pet" means a domestic or tamed animal or bird kept for companionship or pleasure.

"Physical barrier" means a nonclimbable fence or wall that is at least five feet tall and has no openings greater than two inches or a gate or door that allows entry to and exit from a body of water and has the following requirements in addition to those already listed: A locking mechanism, a self-closing or self-latching device, and a device used to open the locks which is inaccessible to children but readily available to staff.

"Physical restraint" means holding a child as gently as possible for the minimum amount of time necessary to control a situation where that child's safety or the safety of others is threatened.

"Poison" includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items that even in small quantities, are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.

"Premises" means the licensed and unlicensed space at the licensed address including, but not limited to, buildings, land, and residences.

"Preschool-age children" means children 30 months through six years of age not attending kindergarten or elementary school.

"Preservice training" means professional development standards or requirements for early learning program staff prior to hiring or within a department specified time frame and delivered or approved by the department.

"Private septic system" means a septic system as defined in chapter 246-272A WAC that is not connected to a public sewer system or a large on-site sewage system as defined in chapter 246-272B WAC. A private septic system includes, but is not limited to, the septic system's drain field and tanks.

"Probationary license" has the same meaning as in RCW 43.216.010(23).

"Professional development support plan" is a formal means by which an individual who is supervising staff sets out the goals, strategies, and outcomes of learning and training.

"Program supervisor" means the center early learning provider responsible for planning and supervising the learning and activity program.

"Queer" is a term used to express LGBTQIA+ identities and orientations. The term is sometimes used as an umbrella term for all LGBTQIA+ individuals.

"Questioning" means individuals who are exploring their sexual orientation, gender identity, or gender expression at any age.

"RCW" means the Revised Code of Washington.

"Readily available" means able to be used or obtained quickly and easily.

"Revocation" or "revoke" when used in reference to an early learning provider's licensing status, means an enforcement action by the department to close an early learning program and permanently remove the license.

"Routine care" means typical or usual care provided to a child during the time the child is enrolled in the early learning program, for example, feeding, diapering, toileting, napping, resting, playing, and learning.

"Safe route" means a way or course taken to get from a starting point to a destination that is protected from danger or risk.

"Safety plan" means a written plan to implement program changes to bring an early learning program into compliance with this chapter and chapter 43.216 RCW. Safety plans are developed at meetings involving at least an early learning provider and a department licensor and supervisor. Safety plans detail changes the provider needs to make to mitigate the risk of direct and indirect harm to children enrolled in the early learning program. Program changes must be agreed to in writing and signed by all participants at the meeting. Safety plans expire 30 calendar days after being signed by all parties. Safety plans may only be extended for an additional 30 calendar days and extensions may only be authorized by a department supervisor.

"Sanitize" means to reduce the number of microorganisms on a surface by the process of:

(a) Cleaning and rinsing with water at a high temperature pursuant to this chapter; or

(b) Cleaning and rinsing, followed by using:

(i) A fragrance-free chlorine bleach and water solution following the department of health's current guidelines for mixing bleach solutions for child care and similar environments; or

(ii) Other sanitizer product if it is registered with the EPA and used strictly according to manufacturer's label instructions including, but not limited to, quantity used, time the product must be left in place, adequate time to allow the product to dry, and appropriateness for use on the surface to be sanitized. If used on food contact surfaces or toys, a sanitizer product must be labeled as "safe for food contact surfaces."

"School-age children" means a child who is five years of age through 12 years of age and is attending a public or private school or is receiving home-based instruction under chapter 28A.200 RCW.

"Screen time" means watching, using, or playing television, computer, video games, video or DVD players, mobile communication devices, or similar devices.

"Serious injury" means an injury resulting in an overnight hospital stay; a severe neck or head injury; choking or serious unexpected breathing problems; severe bleeding; shock or an acute confused state; sudden unconsciousness; dangerous chemicals in eyes, on skin, or ingested; near drowning; one or more broken bones; a severe burn requiring professional medical care; poisoning; or an overdose of a chemical substance.

"Sexual orientation" means an individual's emotional or physical attraction to other individuals.

"Shelter in place" means staff and children staying at the facility due to an external threat such as a storm, chemical or gas leak or explosion, or other event that prohibits the occupants from safely leaving the facility.

"Sign" means an individual formally placing their name or legal mark on a document by physical signature or electronic signature.

"Sleep equipment" or "sleeping equipment" includes a bed, cot, mattress, mat, crib, bassinet, play pen, play yard or "pack and play" but does not include a car seat or infant swing.

"Special needs" is a term used for children who require assistance due to learning difficulties, physical disability, or emotional and behavioral difficulties and who have documentation in the form of an individual educational plan (IEP), individual health plan (IHP), 504 plan, or an individualized family service plan (IFSP).

"Staff" means any early learning provider providing care in the early learning program.

"Strengthening families program self-assessment" refers to a research informed approach to increase family strengths, enhanced child development, and reduce the likelihood of child abuse and neglect. It is based on engaging families, programs, and communities in building five protective factors:

(a) Parental resilience;

(b) Social connections;

(d) Concrete support in times of need; and

(e) Social and emotional competence of children.

"Supervise" or "supervision" means an early learning provider must be able to see or hear the children they are responsible for at all times. Early learning 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. Early learning providers must also reposition themselves or the children to be aware of where children are and what they are doing during care. An early learning provider must reassess and adjust their supervision each time child care activities change. See "active supervision" for a heightened standard of care.

"Suspend" when used in reference to an early learning provider's licensing status, means an enforcement action by the department to temporarily stop a license in order to protect the health, safety, or welfare of enrolled children or the public.

"Swimming pool" means a pool that has a water depth greater than two feet (24 inches).

"Technical assistance" means a service provided to early learning providers by department staff or a contracted third party. The goal of technical assistance is to offer guidance, information, and resources to help a provider fully comply with the licensing requirements of this chapter and chapter 43.216 RCW.

"Toddler" means a child 12 months through 29 months of age.

"Transition" is the process or period of time to change from one activity, place, grade level, or sleeping arrangement to another.

"Tummy time" means placing an infant in a nonrestrictive prone position, lying on their stomach when not in sleeping equipment.

"Two-spirit" means a modern, pan-indigenous umbrella term used by some indigenous North Americans to describe Native people in their communities who fulfill a traditional third-gender or other gender-variant, ceremonial, and social role in their cultures. Being Two-spirit does not imply any specific sexual orientation.

"Unlicensed space" means the indoor and outdoor areas of the premises not approved by the department as licensed space that the early learning provider must make inaccessible to the children during child care hours.

"Unsupervised access" as used throughout this chapter has the same meaning as in WAC 110-06-0020.

"Usable space" means the areas that are available at all times for use by children in an early learning program and meets licensing requirements.

"USDA" means the U.S. Department of Agriculture.

"Vapor product" means any:

(a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;

(b) Cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or

(c) Solution or substance intended for use in such a device including, but not limited to, concentrated nicotine, nonnicotine substances, or supplemental flavorings. This includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, hookahs, steam stones, vape pens, or similar products or devices, as well as any parts that can be used to build such products or services. "Vapor product" does not include any drug, device, or combination product approved for sale by the United States Food and Drug Administration that is marketed and sold for such approved purpose.

"Variance" is an official approval by the department to allow an early learning program to achieve the outcome of a rule or rules in this chapter in an alternative way than described due to the needs of a unique or specific program approach or methodology. The department may grant a request for variance if the proposed alternative provides clear and convincing evidence that the health, welfare, and safety of all enrolled children is not jeopardized. An early learning provider does not have the right to appeal the department's disapproval of request for variance under chapter 110-03 WAC. The provider may challenge a variance disapproval on a department form.

"Volunteer" includes any person who provides labor or services to an early learning provider but is not compensated with employment pay or benefits. A volunteer must never have unsupervised access to a child unless the volunteer is the parent or guardian of that child or is an authorized person pursuant to WAC 110-300-0345 (1)(c). "Unsupervised access" has the same meaning here as in WAC 110-06-0020.

"WAC" means the Washington Administrative Code.

"Wading pool" means a pool that has a water depth of less than two feet (24 inches).

"Waiver" is an official approval by the department allowing an early learning provider not to meet or satisfy a rule in this chapter due to specific needs of the program or an enrolled child. The department may grant a request for waiver if the proposed waiver provides clear and convincing evidence that the health, welfare, and safety of all enrolled children is not jeopardized. An early learning provider does not have the right to appeal the department's disapproval of a waiver request under chapter 110-03 WAC. The provider may challenge a waiver disapproval on a department form.

"Walking independently" means an individual is able to stand and move easily without the aid or assistance of holding on to an object, wall, equipment, or another individual.

"Washington state early learning and development guidelines" refers to guidelines published by the department, the Washington state office of superintendent of public instruction (OSPI), and thrive Washington for children birth through third grade that outlines what children know and are able to do at different stages of their development.

"Water activities" means early learning program activities in which enrolled children swim or play in a body of water that poses a risk of drowning for children. Water activities do not include using sensory tables.

"Weapon" means an instrument or device of any kind that is used or designed to be used to inflect harm including, but not limited to, rifles, handguns, shotguns, antique firearms, knives, swords, bows and arrows, BB guns, pellet guns, air rifles, electronic or other stun devices, or fighting implements.

"WLAD" means the law against discrimination, chapter 49.60 RCW.

"Written food plan" is a document designed to give alternative food to a child in care because of a child's medical needs or special diet, or to accommodate a religious, cultural, or family preference. A parent or guardian and the early learning provider must sign a written food plan.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-300-0005, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0005, filed 9/13/24, effective 10/14/24. Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 23-07-066, § 110-300-0005, filed 3/10/23, effective 4/10/23. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0005, filed 11/6/19, effective 12/7/19. WSR 18-14-078, recodified as § 110-300-0005, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0005, filed 6/30/18, effective 8/1/19. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201, and Governor Directive 16-06. WSR 17-10-032, § 170-300-0005, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0010 License required.

(1) An individual or entity that provides child care and early learning services for a group of children, birth through 12 years of age, must be licensed by the department, pursuant to RCW 43.216.295, unless exempt under RCW 43.216.010(2) and WAC 110-300-0025.

(2) The department must not license a department employee or a member of the employee's household if the employee is involved directly, or in an administrative or supervisory capacity in the:

(a) Licensing process;

(b) Placement of a child in a licensed early learning program; or

(3) A license is required when an individual provides child care and early learning services in their family home:

(a) Outside the child's home on a regular and ongoing basis for one or more children not related to the licensee; or

(b) For preschool age children for more than four hours a day.

As used in this chapter, "not related" means not any of the relatives listed in RCW 43.216.010 (2)(a).

(4) The department may license a center located in a private family residence when the portion of the residence accessible to children is:

(a) Used exclusively for children during the center's operating hours or when children are in care; or

(b) Separate from the family living quarters.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0010, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0010, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0010, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0011 License transfers.

(1) Pursuant to RCW 43.216.305(1) and subject to this chapter, a full license issued under chapter 43.216 RCW may be transferred to a new licensee in the event of a transfer of ownership of a child care operation. A current licensee or applicant must apply to transfer a license using forms and methods determined by the department.

(2) A full license will remain valid and may be transferred to a new licensee if:

(a) The new licensee meets the requirements in RCW 43.216.305(2); and

(b) The department determines before the license transfer the new licensee's child care operation is substantially similar to or an improvement of the originally licensed child care operation.

(3) To determine whether the new licensee's child care operation is substantially similar to or an improvement of the original child care operation, the department must assess the following factors of the new child care operation:

(a) The physical environment and all anticipated changes or updates;

(b) The qualifications and number of all retained and newly hired staff members;

(d) The relation or connection, if any, between the original and new licensee; and

(e) Whether the new child care operation is able to comply with the licensing requirements described in chapter 43.216 RCW, this chapter, and chapter 110-06 WAC.

(4) The department will determine and disclose to the current licensee and new licensee whether the license is in good standing prior to transferring the license.

(5) At the request of the current licensee or the new licensee, the department will disclose the following license information from the last four years to one or both parties:

(a) A description of any valid complaints;

(b) A description of any instances that the department found noncompliance with the requirements contained in chapter 43.216 RCW, this chapter, and chapter 110-06 WAC;

(d) Facility licensing compliance agreements (historical or in effect); and

(e) Enforcement actions levied or pending against this license.

(6) The current licensee or new licensee has the right to appeal the department's denial of a license transfer application by requesting an adjudicative proceeding (or "hearing") pursuant to the hearing rules detailed in chapter 110-03 WAC.

History

Statutory Authority: RCW 43.216.065. WSR 20-21-010, § 110-300-0011, filed 10/8/20, effective 11/8/20.

Wash. Admin. Code § 110-300-0015 Licensee absence.

(1) In a family home early learning program, the licensee must have a written plan for when the licensee will be absent but the program remains open for the care of children. If a family home licensee is absent more than ten consecutive operating days, the licensee must submit a written notification to the department and each child's parent or guardian at least two business days prior to the planned absence.

(2) In a center early learning program, the licensee must have a written plan for when the director, assistant director, and program supervisor will be simultaneously absent but the program remains open for the care of children. If the director, assistant director, and program supervisor are simultaneously absent for more than ten consecutive operating days, an early learning provider must submit a written notification to the department and each child's parent or guardian at least two business days prior to the planned absence.

(3) A written notification under this section must include the following information:

(a) The time period of the absence;

(b) Emergency contact information for the absent early learning provider; and

(i) A staffing plan that meets child-to-staff ratios;

(ii) Identification of a lead teacher to be present and in charge;

(iii) Early learning program staff roles and responsibilities;

(iv) How each child's needs will be met during the absence; and

(v) The responsibility for meeting licensing requirements.

(4) If an early learning provider or program staff member fails to comply with one or more of the requirements of this chapter during an absence, the early learning provider must:

(a) Retrain early learning program staff on the foundational quality standards documented on the inspection report; and

(b) Document when the retraining occurred.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0015, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0015, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0015, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0016 Inactive status—Voluntary and temporary closure.

(1) If a center or family home licensee plans to temporarily close their early learning program for more than thirty calendar days, and this closure is a departure from the program's regular schedule, an early learning provider must submit a notification to go on inactive status to the department at least two business days prior to the planned closure. Notifications for inactive status must include:

(a) The date the early learning program will cease operating;

(b) The reasons why the licensee is going on inactive status; and

(2) The requirements of this section do not apply to licensed early learning programs that have temporary closures beyond thirty calendar days as part of their regular schedule, such as programs based on the school year or seasonal occupation.

(3) A licensee may not request inactive status during their first initial licensing period (six months) unless for an emergency.

(4) An early learning provider must inform parents and guardians that the program will temporarily close.

(5) An early learning provider is responsible for notifying the department of changes to program status including voluntary closures, new household members or staff, or other program changes. Program status updates must also be completed in the department's electronic system.

(6) Background check rules in chapter 110-06 WAC, including allegations of child abuse or neglect, will remain in effect during inactive status.

(7) After receiving a notice of inactive status, the department will:

(a) Place the license on inactive status;

(b) Inform the licensee that the license is inactive; and

(i) The department's child care subsidy programs;

(ii) CACFP; and

(iii) Early achievers, ECEAP, Head Start Grantee, and child care aware of Washington.

(8) A licensee is still responsible for maintaining annual compliance requirements during inactive status pursuant to RCW 43.216.305.

(9) If inactive status exceeds six months within a twelve-month period, the department must close the license. The licensee must reapply for licensing pursuant to RCW 43.216.305(3).

(10) The department may pursue enforcement actions after three failed attempts to monitor an early learning program if the:

(a) Early learning provider has not been available to permit the monitoring visits;

(b) Monitoring visits were attempted within a three-month time period; and

(c) Department attempted to contact the provider by phone during the third attempted visit while still on the early learning premises.

(11) When a licensee is ready to reopen after a temporary closure, the licensee must notify the department in writing.

(12) Once the department receives a provider's notice of intent to reopen, the department will:

(a) Conduct a health and safety visit of the early learning program within ten business days to determine that the provider is in compliance with this chapter;

(b) Activate the license and inform the licensee that the license is active; and

(i) The department's child care subsidy programs;

(ii) CACFP; and

(iii) Early achievers, ECEAP, Head Start Grantee, and child care aware of Washington.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0016, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0016, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0016, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0016, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0020 Unlicensed programs.

(1) If the department suspects that an individual or agency suspected of providing unlicensed child care, the department must follow the requirements of RCW 43.216.360.

(2) If an individual decides to obtain a license, within thirty calendar days from the date of the department's notice in subsection (1) of this section, the individual or agency must submit a written agreement on a department form stating they agree to:

(a) Attend and participate in the next available department licensing orientation; and

(b) Submit a licensing application after completing orientation.

(3) The department's written notice under subsection (1) of this section must inform the individual or agency providing unlicensed child care:

(a) That the individual or agency must stop providing child care, pursuant to RCW 43.216.360;

(b) How to respond to the department;

(d) How a fine, if issued, may be suspended or withdrawn if the individual applies for a license;

(e) That the individual has a right to request an adjudicative proceeding (hearing) if a fine is assessed; and

(f) How to ask for a hearing, under chapter 34.05 RCW (Administrative Procedure Act), chapter 43.216 RCW, and chapter 110-03 WAC (department hearing rules).

(4) If an individual providing unlicensed child care does not submit an agreement to obtain a license as provided in subsection (2) of this section within thirty calendar days from the date of the department's written notice, the department will post information on its website that the individual is providing child care without a license.

(5) A person providing unlicensed child care:

(a) Will be guilty of a misdemeanor pursuant to RCW 43.216.365; and

(b) May be subject to an injunction pursuant to RCW 43.216.355.

History

Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0020, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0020, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0020, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0025 Certified and exempt programs.

(1) The department must not license a child care program that is legally exempt from licensing per RCW 43.216.010(2). However, if a child care program requests to become certified by the department, the department shall apply all licensing rules to the otherwise exempt program. In such a case, the department shall apply licensing rules equally to licensed and certified child care programs.

(2) The department may certify an otherwise exempt child care program for subsidy payment without further inspection if the program is:

(a) Licensed by an Indian tribe, band, nation, or other organized community of Indians, including an Alaska native village as defined in 43 U.S.C. Sec. 1602(c), recognized as eligible for services by the United States Secretary of the Interior;

(b) Certified by the federal Department of Defense; or

(3) A child care program exempt from licensing pursuant to RCW 43.216.010(2) must use the department's form to submit their exempt status.

(4) A child care program requesting certification must be located on the premises over which the tribe, federal Department of Defense, or OSPI has jurisdiction.

(5) A child care program regulated by a tribe, the federal Department of Defense, or OSPI may request certification:

(a) For subsidy payment only; or

(b) As meeting foundational quality standards of this chapter.

(6) The department must not certify a department employee or a member of their household when the employee is involved directly, or in an administrative or supervisory capacity, in the:

(a) Certification process;

(b) Placement of a child in a certified program; or

History

WSR 18-15-001, recodified as § 110-300-0025, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0025, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0030 Nondiscrimination.

(1) Early learning programs are defined by state law as places of public accommodation that must:

(a) Not discriminate in employment practices or client services based on race, creed, color, national origin, sex, honorably discharged veteran or military status, marital status, gender, sexual orientation, age, religion, or ability. For the purposes of this chapter, "sex" means gender and "sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity, also referred to as SOGIE, and includes all persons who identify as LGBTQIA+; and

(b) Comply with the requirements of the WLAD, chapter 49.60 RCW, and the ADA.

(2) An early learning program must have a written nondiscrimination policy addressing at least the factors listed in subsection (1) of this section.

History

Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 23-07-066, § 110-300-0030, filed 3/10/23, effective 4/10/23. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0030, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0030, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0030, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0035 Department access to licensed space.

(1) Pursuant to RCW 43.216.250(8), licensees must grant reasonable access to department licensors during the licensees' hours of operation for the purpose of announced or unannounced inspections. Licensors must be allowed to inspect the indoor and outdoor licensed space to verify compliance with the requirements of this chapter and chapter 43.216 RCW. For the purposes of this chapter "hours of operation" means the hours of the day that licensees offer early learning services as reported to the department on the license application or modification paperwork, or as indicated in the parent or guardian handbook.

(2) The department may deny, suspend, revoke, or not continue a license when licensees refuse to allow the department's authorized staff access to any of the following:

(a) Information relevant to the early learning program;

(b) The licensed space;

(d) Staff members or children in care.

History

Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 23-07-066, § 110-300-0035, filed 3/10/23, effective 4/10/23.

Wash. Admin. Code § 110-300-0055 Developmental screening and communication to parents or guardians.

(1) An early learning provider must inform parents or guardians about the importance of developmental screenings for each child from birth through age five.

(2) If not conducted on-site, an early learning provider must share information with parents or guardians about organizations that conduct developmental screenings such as a local business, school district, health care provider, specialist, or resources listed on the department website.

History

WSR 18-15-001, recodified as § 110-300-0055, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0055, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0065 School readiness and family engagement activities.

(1) At least once per calendar year, an early learning provider must supply to parents or guardians kindergarten or school readiness materials when developmentally appropriate for enrolled children.

(2) Kindergarten or school readiness materials must be the same or similar to resources posted online by OSPI, the department, or other equivalent organizations. These materials may address:

(a) Kindergarten transition activities, if applicable; and

(b) Developmentally appropriate local school and school district activities designed to engage families.

History

WSR 18-15-001, recodified as § 110-300-0065, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0065, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0080 Family support self-assessment.

An early learning provider must assess their program within one year of being licensed, or within six months of the date this section becomes effective, to identify ways to support the families of enrolled children. A provider must complete the strengthening families program self-assessment, or an equivalent assessment, applicable to the early learning program type (center or family home).

History

WSR 18-15-001, recodified as § 110-300-0080, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0080, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0085 Family partnerships and communication.

(1) An early learning provider must communicate with families to identify individual children's developmental goals.

(2) An early learning provider must attempt to obtain information from each child's family about that child's developmental, behavioral, health, linguistic, cultural, social, and other relevant information. The provider must make this attempt upon that child's enrollment and annually thereafter.

(3) An early learning provider must determine how the program can best accommodate each child's individual characteristics, strengths, and needs. The provider must utilize the information in subsection (2) of this section and seek input from family members and staff familiar with a child's behavior, developmental, and learning patterns.

(4) An early learning provider must:

(a) Attempt to discuss with parents or guardians information including, but not limited to:

(i) A child's strength in areas of development, health issues, special needs, and other concerns;

(ii) Family routines or events, approaches to parenting, family beliefs, culture, language, and child rearing practices;

(iii) Internal transitions within the early learning program and transitions to external services or programs, as necessary;

(iv) Collaboration between the provider and the parent or guardian in behavior management; and

(v) A child's progress, at least two times per year.

(b) Communicate the importance of regular attendance for the child;

(d) Give families opportunities to share their language and culture in the early learning program;

(e) Arrange a confidential time and space for individual conversations regarding children, as needed;

(f) Allow parents or guardians access to their child during normal hours of operation, except as excluded by a court order; and

(g) Communicate verbally or in writing:

(i) Changes in drop-off and pickup arrangements as needed; and

(ii) Daily activities.

History

WSR 18-15-001, recodified as § 110-300-0085, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0085, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0100 General staff qualifications.

WAC 110-300-0100

All early learning providers must meet the following requirements prior to working:

(1) Family home early learning program licensees work from their private residence to provide early learning programing to a group of no more than 12 children present at one time.

(a) A family home licensee must meet the following qualifications upon application:

(i) Be at least 18 years old;

(ii) Have a high school diploma or equivalent; and

(iii) Complete the applicable preservice requirements pursuant to WAC 110-300-0105.

(b) A family home licensee must meet the following qualifications:

(i) Have an ECE initial certificate or equivalent by August 1, 2030, or within five years of being licensed by the department, whichever occurs later;

(ii) Have an ECE short certificate or equivalent within two years of receiving an ECE initial certificate; and

(iii) Beginning August 1, 2030, a family home licensee must:

(A) Have an ECE initial certificate or equivalent within five years of being licensed by the department; and

(B) Have an ECE short certificate or equivalent within two years of receiving an ECE initial certificate.

(c) Family home licensees must have all ECE certificates or equivalent qualifications approved and verified in the department's electronic workforce registry;

(d) Family home licensees must have their professional development progress documented annually;

(e) Family home licensees must provide the following services:

(i) Be on-site for the daily operation of the early learning program 50 percent or more of weekly operating hours, or designate a person with the qualifications of a family home licensee to be on-site when not present;

(ii) Comply with these foundational quality standards;

(iii) Develop a curriculum philosophy, communicate the philosophy to all early learning program staff and parents, and train staff to ensure the philosophy serves all children in the early learning program;

(iv) Have knowledge of community resources available to families, including resources for children with special needs and the ability to share these resources with families; and

(v) Oversee early learning program staff and support staff in creating and maintaining staff records.

(2) Center early learning program licensees must meet the requirements of a center director, listed in subsection (3) of this section, or hire a center director who meets the qualifications prior to being granted an initial license. Center licensees who fulfill the role of center director in their early learning program must complete all trainings and requirements for center directors.

(3) Center directors or assistant directors manage the early learning program and set appropriate program and staff expectations.

(a) A center director must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have an ECE state certificate or equivalent as approved and verified in the electronic workforce registry by the department as follows:

(A) A center director must complete an ECE state certificate or equivalent by August 1, 2030;

(B) A center director hired or promoted after this chapter becomes effective must have an ECE state certificate or equivalent within five years of the time of hire.

(iii) Have two years of experience as a teacher of children in any age group enrolled in the early learning program and at least six months of experience in administration or management or a department approved plan;

(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105;

(v) If a center director does not meet the minimum qualification requirements, the center early learning program must employ an assistant director or program supervisor who meets the minimum qualifications of these positions;

(vi) Have their continued professional development progress documented annually.

(b) An assistant director must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have an ECE state certificate or equivalent as approved and verified in the electronic workforce registry by the department as follows:

(A) An assistant director must complete an ECE state certificate or equivalent by August 1, 2030;

(B) An assistant director hired or promoted after this chapter becomes effective must have an ECE state certificate or equivalent within five years of the time of hire.

(iii) Have two years of experience as a teacher of children in any age group enrolled in the early learning program or two years of experience in administration or management, or a department approved plan;

(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105;

(v) Have their continued professional development progress documented annually.

(i) Be on-site for the daily operation of the early learning program 50 percent or more of weekly operating hours up to 40 hours per week, or designate a person with the qualifications of an assistant director, program supervisor, or equivalent. A center director may act as a substitute teacher if acting as a substitute does not interfere with management or supervisory responsibilities;

(ii) Comply with foundational quality standards;

(iv) Have knowledge of community resources available to families, including resources for children with special needs and be able to share these resources with families; and

(v) Oversee professional development plans for early learning program staff including, but not limited to:

(A) Providing support to staff for creating and maintaining staff records;

(B) Setting educational goals with staff and locating or coordinating state-approved training opportunities for staff; and

(4) Center program supervisors plan the early learning program services under the oversight of a center director or assistant director.

(a) A program supervisor must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have an ECE state certificate or equivalent by August 1, 2030;

(iii) Have two years of experience as a teacher of children in any age group enrolled in any early learning program;

(iv) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105; and

(v) Have their continued professional development progress documented annually.

(b) A program supervisor performs the following duties:

(i) Guide the planning of curriculum philosophy, implementation, and environmental design of the early learning program;

(ii) Comply with foundational quality standards;

(iii) Act as a teacher or director as long as it does not interfere with the program supervisor's primary responsibilities; and

(iv) Manage the professional development plans and requirements for staff as needed.

(c) One person may be the center director, assistant director, and the program supervisor when qualified for all positions, provided that all requirements of subsection (3)(a) and (b) of this section are met.

(5) Center directors, assistant directors, and program supervisors, at the time of hiring or promotion, must have one of the following approved and verified in the department's electronic workforce registry:

(a) An ECE state certificate or equivalent; or

(b) Completed the number of college quarter credits per the capacity of the license as outlined in the following chart:

| If a center is licensed for this number of children: | Then the director, assistant director, or program supervisor must have completed at least this number of college quarter credits in early childhood education core competencies: | | --- | --- | | (a) 12 or fewer | 10 | | (b) 13 to 24 | 25 | | (c) 25 or more | 45 |

(6) Lead teachers are responsible for implementing the center or family home early learning program. Lead teachers develop and provide a nurturing and responsive learning environment that meets the needs of enrolled children.

(a) A lead teacher must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have a high school diploma or equivalent; and

(iii) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105.

(b) A center lead teacher must meet the following requirements:

(i) Have an ECE initial certificate or equivalent by August 1, 2030, or within five years of being hired or promoted into the position, whichever occurs later;

(ii) Have an ECE short certificate or equivalent within two years of receiving an ECE initial certificate; and

(iii) Beginning August 1, 2030, a center lead teacher must:

(A) Have an ECE initial certificate or equivalent within five years of being hired or promoted into this position; and

(B) Have an ECE short certificate or equivalent within two years of receiving an ECE initial certificate.

(c) Have all ECE certificates or equivalent qualifications approved and verified in the department's electronic workforce registry;

(d) Have their professional development progress documented annually; and

(e) A family home lead teacher must meet the following requirements:

(i) Have an ECE initial certificate or equivalent by August 1, 2030, or within five years of being hired or promoted into the position, whichever occurs later;

(ii) Beginning August 1, 2030, a family home lead teacher must have an ECE initial certificate or equivalent within five years of being hired or promoted into the position;

(iii) Have all ECE certificates or equivalent qualifications approved and verified in the department's electronic workforce registry; and

(iv) Have their professional development progress documented annually.

(7) Assistant teachers help a lead teacher or licensee provide instructional support to children and implement developmentally appropriate programs in center or family home early learning programs.

(a) An assistant teacher must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have a high school diploma or equivalent;

(iii) Have an ECE initial certificate or equivalent by August 1, 2030, or within five years of being hired or promoted into this position, whichever occurs later;

(iv) Beginning August 1, 2030, an assistant teacher must have an ECE initial certificate or equivalent within five years of being hired or promoted into the position;

(v) Complete the applicable preservice requirements, pursuant to WAC 110-300-0105; and

(vi) Have their professional development progress documented annually.

(b) Assistant teachers may work alone with children with regular, scheduled, and documented oversight and on-the-job classroom training from the classroom's assigned lead teacher who is primarily responsible for the care of the same group of children for the majority of their day.

(c) For continuity of care, assistant teachers can act as a substitute lead teacher up to two weeks. If longer than two weeks, the provider must notify the department with a plan to manage the classroom.

(8) Aides provide classroom support to an assistant teacher, lead teacher, program supervisor, center director, assistant director, or family home licensee. Aides must meet the following qualifications:

(a) Be at least 14 years old;

(b) Have a high school diploma or equivalent, or be currently enrolled in high school or an equivalent education program;

(d) Have their professional development progress documented annually; and

(e) Aides may be counted in the staff-to-child ratio if they are working under the continuous oversight of a lead teacher, program supervisor, center director, assistant director, assistant teacher, or family home licensee.

(i) Aides working 19 or fewer hours per month can be counted towards staff-to-child ratio with applicable preservice requirements pursuant to WAC 110-300-0105 but without in-service training requirements pursuant to WAC 110-300-0107 (1)(a).

(ii) Aides who work more than 19 hours per month and who have a cumulative 12 months of employment must complete applicable preservice requirements detailed in WAC 110-300-0105 and the in-service training detailed in WAC 110-300-0107 (1)(a).

(9) Other personnel who do not directly care for children and are not listed in subsections (1) through (8) of this section must meet the following qualifications:

(a) Complete and pass a background check, pursuant to chapter 110-06 WAC;

(b) Have a negative TB test, pursuant to WAC 110-300-0105; and

(10) Volunteers help at early learning programs. Volunteers must meet the following qualifications:

(a) Be at least 14 years old (volunteers must have written permission to volunteer from their parent or guardian if they are under 18 years old);

(b) Work under the continuous oversight of a lead teacher, program supervisor, center director, assistant director, assistant teacher, or family home licensee;

(i) Complete and pass a background check, pursuant to chapter 110-06 WAC;

(ii) Complete a TB test, pursuant to WAC 110-300-0105;

(iii) Complete the training requirements, pursuant to WAC 110-300-0106;

(iv) Complete program based staff policies and training, pursuant to WAC 110-300-0110; and

(v) Have their professional development progress documented annually.

(d) Occasional volunteers must comply with (a) and (b) of this subsection and cannot count in staff-to-child ratio. Occasional volunteers may include, but are not limited to, a parent or guardian helping on a field trip, special guest presenters, or a parent or guardian, family member, or community member helping with a cultural celebration.

History

Statutory Authority: RCW 43.216.755 and 2025 c 281. WSR 26-14-116, s 110-300-0100, filed 7/1/26, effective 8/1/26. Statutory Authority: RCW 43.216.065. WSR 21-01-181, § 110-300-0100, filed 12/21/20, effective 1/21/21. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-11-026, § 110-300-0100, filed 5/13/20, effective 6/13/20. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0100, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0100, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0100, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0105 Preservice requirements.

(1) All applicants, coapplicants, family home licensees, center directors, assistant directors, and program supervisors must complete a department provided orientation for the applicable early learning program. Prior to being in charge of the early learning program fifty percent of the time or more, those newly promoted or assuming a role of one of the roles listed here must complete or be registered in orientation training.

(2) Early learning providers and household members in a family home early learning program must complete and pass a department background check, pursuant to chapter 110-06 WAC.

(3) Early learning providers, including volunteers and household members, in a family home early learning program ages fourteen and over, must provide documentation signed within the last twelve months by a licensed health care professional of tuberculosis (TB) testing or treatment consisting of:

(a) A negative TB symptom screen and negative TB risk assessment;

(b) A previous positive FDA-approved TB test and a current negative chest radiograph and documentation of clearance to safely work or reside in an early learning program; or

(i) Current negative FDA-approved TB test;

(ii) Previous or current positive FDA-approved TB test; and

(iii) Current negative chest radiograph and documentation of clearance to safely work or reside in an early learning program.

(4) Upon notification of TB exposure, early learning providers may be required to be retested for TB as directed by the local health jurisdiction.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0105, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0105, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0105, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0106 Training requirements.

(1) Early learning providers licensed, working, or volunteering in an early learning program must complete the applicable training requirements of subsections (4) through (11) of this section within three months of the date of hire and prior to working in an unsupervised capacity with children unless otherwise indicated. State or federal rules may require health and safety training described under this chapter to be renewed annually.

(2) License applicants and early learning providers must register with the electronic workforce registry prior to being granted an initial license or working with children in an unsupervised capacity.

(3) License applicants, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and aides must complete the child care basics training as approved or offered by the department:

(a) Prior to being granted a license; or

(b) Prior to working unsupervised with children.

(4) Early learning providers must complete the recognizing and reporting suspected child abuse, neglect, and exploitation training as approved or offered by the department according to subsection (1) of this section. Training must include the prevention of child abuse and neglect as defined in RCW 26.44.020 and mandatory reporting requirements under RCW 26.44.030.

(5) Early learning providers must complete the emergency preparedness training as approved or offered by the department (applicable to the early learning program where they work or volunteer) according to subsection (1) of this section.

(6) Early learning providers licensed to care for infants must complete the prevention and identifying shaken baby syndrome/abuse head trauma training as approved or offered by the department according to subsection (1) of this section.

(7) Early learning providers must complete the serving children experiencing homelessness training as approved or offered by the department according to subsection (1) of this section.

(8) License applicants and early learning providers licensed to care for infants must complete the safe sleep training as approved or offered by the department. This training must be completed annually and:

(a) Prior to being licensed; or

(b) Prior to caring for infants.

(9) Family home licensees, center directors, assistant directors, program supervisors, and lead teachers must complete the medication management and administration training as approved or offered by the department prior to giving medication to an enrolled child, or as indicated in subsection (1) of this section.

(10) Early learning providers who directly care for children must complete the prevention of exposure to blood and body fluids training that meets Washington state department of labor and industries' requirements prior to being granted a license or working with children. This training must be repeated pursuant to Washington state department of labor and industries regulations.

(11) Family home licensees, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and any other early learning providers counted in staff-to-child ratio, or who could potentially be counted in ratio, must be trained in adult and pediatric first aid, adult and pediatric cardiopulmonary resuscitation (CPR), and infant CPR, if applicable and:

(a) At least one early learning provider counted in staff-to-child ratio for each group of children must have current adult and pediatric first aid, adult and pediatric CPR, and infant CPR certificates, if applicable;

(b) Proof of training can be shown with a certification card, certificate, or instructor letter; and

(c) The trainings for adult and pediatric first aid, adult and pediatric CPR, and infant CPR, if applicable, must include a live, hands-on component demonstrated in front of an instructor either in-person or remotely who is certified by the American Red Cross, American Heart Association, Health and Safety Institute, or other nationally recognized certification program.

(12) Early learning providers who prepare or serve food to children at an early learning program must obtain a current food worker card prior to preparing or serving food. Food worker cards must:

(a) Be obtained through the local health jurisdiction, in person or online; and

(b) Be renewed prior to expiring.

History

Statutory Authority: RCW 43.216.692, 43.216.020, 43.216.250, chapters 43.216, 42.56 RCW, 42 U.S.C. ss 9857 - 9858r, and 45 C.F.R. Part 98. WSR 25-10-051, s 110-300-0106, filed 5/1/25, effective 6/1/25
WSR 25-01-087, s 110-300-0106, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-11-026, § 110-300-0106, filed 5/13/20, effective 6/13/20. WSR 18-15-001, recodified as § 110-300-0106, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0106, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0107 In-service training.

(1) An early learning provider must complete ten hours of annual in-service training after twelve months of cumulative employment.

(a) A family home licensee, center director, assistant director, program supervisor, lead teacher or assistant teacher who has not completed the department's enhancing quality of early learning (EQEL) in-service training and was licensed, hired, or promoted on or after August 1, 2019, must complete the training within thirty-six months of assuming the role, unless the provider has completed a department approved alternative training. EQEL hours may count towards the ten hours of annual in-service training.

(b) Every thirty-six months, following the completion of EQEL or a department approved alternative training, a family home licensee, center director, assistant director or program supervisor, must complete a minimum of ten hours of in-service training "child development" and a minimum of ten hours of in-service training on "leadership practices."

(i) Child development training includes the following Washington state core competencies: Child growth and development, curriculum and learning environment, ongoing measurements of child progress, family and community partnerships, health, safety, nutrition, and interactions.

(ii) Leadership practices training includes the following Washington state core competencies: Program planning and development, professional development, and leadership.

(2) In-service training requirements of this chapter may be met by completing college courses that align with the Washington state core competencies. These courses must be delivered by a postsecondary institution and approved by the department.

(3) Only five in-service training hours that exceed the requirements of subsection (1) of this section may be carried over from one calendar year to the next calendar year.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0107, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0107, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0107, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0107, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0110 Program based staff policies and training.

(1) An early learning provider must have and follow written policies for early learning program staff. Staff policies must include those listed in subsections (2) and (3) of this section and must be reviewed and approved by the department prior to issuing a provider's initial license. Providers must notify the department when substantial changes are made.

(2) Early learning program staff policies must include, but are not limited to:

(a) All of the information in the parent or guardian handbook except fees;

(b) Job descriptions, pay dates, and benefits;

(d) Expectations for attendance and conduct;

(e) Early learning program staff responsibilities for:

(i) Child supervision requirements, including preventing children's access to unlicensed space;

(ii) Child growth and development;

(iii) Developmentally appropriate curriculum;

(iv) Teacher-child interaction;

(v) Child protection, guidance, and discipline techniques;

(vi) Safe sleep practices, if applicable;

(vii) Food service practices;

(viii) Off-site field trips, if applicable;

(ix) Transporting children, if applicable;

(x) Health, safety, and sanitization procedures;

(xi) Medication management procedures;

(xii) Medical emergencies, fire, disaster evacuation and emergency preparedness plans;

(xiii) Mandatory reporting of suspected abuse or neglect, per RCW 26.44.020 and 26.44.030 and all other reporting requirements;

(xiv) Implementation of child's individual health care or special needs plan;

(xv) Following nonsmoking, vaping, alcohol and drug regulations;

(xvi) Overnight care, if applicable;

(xvii) Religious, equity and cultural responsiveness;

(xviii) Nondiscrimination;

(xviv) Planned daily activities and routines.

(f) Staff responsibilities if the family home licensee, center director, assistant director, or program supervisor is absent from the early learning program;

(g) A plan that includes how both administrative and child caretaking duties are met when a job requires such dual responsibilities; and

(h) Observation, evaluation, and feedback policies.

(3) An early learning provider must have and follow written policies requiring staff working, transitioning, or covering breaks with the same classroom or group of children to share applicable information with each other on a daily basis regarding:

(a) A child's health needs, allergies and medication;

(b) Any change in a child's daily schedule;

(d) Any communications from the family; and

(e) Information to be shared with the family.

(4) An early learning provider must develop, deliver, and document the delivery of early learning staff training specific to the early learning program and premises.

(a) Training topics must include:

(i) Staff policies listed in subsections (2) and (3) of this section;

(ii) Chapter 43.216 RCW; and

(iii) Chapters 110-300 and 110-06 WAC.

(b) Training must be updated with changes in program policies and state or federal regulations.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-300-0110, filed 4/14/26, effective 5/15/26. WSR 18-15-001, recodified as § 110-300-0110, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0110, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0111 Staff oversight.

(1) An early learning provider who oversees staff must:

(a) Establish a work plan with clear expectations;

(b) Be aware of what staff members are doing; and

(2) When the family home licensee, center director, assistant director, program supervisor, lead teacher, or assistant teacher is the only staff supervising an aide or volunteer, the aide or volunteer may be out of the supervisor's visual and auditory range only when the aide, volunteer or supervisor is attending to personal needs.

History

WSR 18-15-001, recodified as § 110-300-0111, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0111, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0115 Staff records.

(1) An early learning provider must establish a records system for themselves, household members, staff, and volunteers that complies with the requirements of this chapter. Early learning program staff records must be:

(a) Verified by the licensee, center director, assistant director, or program supervisor;

(b) Entered and maintained in the electronic workforce registry, if applicable. Paper records may be discarded once entered into the electronic workforce registry and confirmed by the department;

(c) Updated to delete staff names from the electronic workforce registry when no longer employed at the early learning program; and

(d) Kept on-site or in the program's administrative office in a manner that allows the department to review the records.

(2) Records for each early learning provider and staff member must include:

(a) First and last name;

(b) Date of birth;

(d) First and last day of employment, if applicable;

(e) Proof of professional credentials, requirements, and training for each early learning staff member, pursuant to WAC 110-300-0100 through 110-300-0110.

(3) A licensee, center director, assistant director, or program supervisor must maintain the following records for each early learning provider and program staff in a confidential manner. These records must be reviewable by the department and must include at a minimum:

(a) A copy of current government issued photo identification;

(b) Emergency contact information;

(d) Annual observation, evaluation, and feedback information;

(e) The licensee's Social Security number, federal EIN, or a written document stating the licensee does not possess either; and

(f) Immunization records including exemption documents (center early learning programs only).

History

Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0115, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0115, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0115, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0120 Providing for personal, professional, and health needs of staff.

(1) A licensee must provide for the personal and professional needs of staff by:

(a) Having a secure place to store personal belongings that is inaccessible to children;

(b) Having a readily accessible phone to use for emergency calls or to contact the parents of enrolled children; and

(2) An early learning provider must be excluded from the early learning premises when that provider's illness or condition poses a risk of spreading a harmful disease or compromising the health and safety of others. The illnesses and conditions that require a staff member to be excluded are pursuant to WAC 110-300-0205.

(3) If a staff person has not been vaccinated, or shown documented immunity to a vaccine preventable disease, that person may be required by the local health jurisdiction or the department to remain off-site during an outbreak of a contagious disease described in WAC 246-110-010. A center early learning program staff person or volunteer who has not been vaccinated against measles, mumps, and rubella or shown proof of immunity from measles must not be allowed on the center early learning premises except as provided in (a) and (b) of this subsection.

(a) A center early learning program may allow a person to be employed or volunteer on the center early learning premises for up to 30 calendar days if the person signs a written attestation that the employee or volunteer has received the measles, mumps, and rubella vaccine, or is immune from measles, but requires additional time to obtain and provide their immunization records. The required records must include immunization records indicating the employee or volunteer has received the measles, mumps, and rubella vaccine; or records that show proof of immunity from measles through documentation of laboratory evidence of antibody titer or a health care provider's attestation of the person's history of measles sufficient to provide immunity against measles.

(b) A center early learning program may allow a person to be employed or volunteer on the center early learning premises if the person provides the center early learning program with a written certification signed by a health care practitioner, as defined in RCW 28A.210.090(3), that the measles, mumps, and rubella vaccine is, in the practitioner's judgment, not advisable for the person. This subsection (3)(b) does not apply if a person's health care practitioner determines that the measles, mumps, and rubella vaccine is no longer contraindicated.

(4) An early learning program's health policy, pursuant to WAC 110-300-0500, must include provisions for excluding or separating staff with a contagious disease described in WAC 246-110-010, as now and hereafter amended.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0120, filed 9/13/24, effective 10/14/24. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0120, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0120, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0120, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0130 Indoor early learning program space.

(1) Indoor early learning program space must be accessible during program operating hours.

(2) Early learning program space, ramps, and handrails must comply with, be accessible to, and accommodate children and adults with disabilities as required by the Washington law against discrimination (chapter 49.60 RCW) and the ADA, as now and hereafter amended.

(3) Early learning program space must allow children to move between areas without disrupting another child's work or play.

(4) A family home licensee must provide a signed and dated declaration form annually stating that the early learning program meets the following requirements, as applicable, in unlicensed space:

(a) Furnace area safety, or smoke or carbon monoxide detector requirements pursuant to WAC 110-300-0170(3);

(b) Guns, weapons, or ammunition storage pursuant to WAC 110-300-0165 (2)(e);

(d) Refrigerator or freezer pursuant to WAC 110-300-0165 (3)(d);

(e) Storage areas that contain chemicals, utility sinks, or wet mops pursuant to WAC 110-300-0260; or

(f) Swimming pools under WAC 110-300-0175.

History

WSR 18-15-001, recodified as § 110-300-0130, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0130, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0135 Routine care, play, learning, relaxation, and comfort.

(1) An early learning provider must have accessible and child-size furniture and equipment (or altered and adapted in a family home early learning program) in sufficient quantity for the number of children in care. Tables must not be bucket style.

(2) Furniture and equipment must be:

(a) Maintained in a safe working condition;

(b) Developmentally and age appropriate;

(c) Visually inspected at least weekly for hazards, broken parts, or damage. All equipment with hazardous, broken parts, or damage must be repaired as soon as possible and must be inaccessible to children until repairs are made according to the manufacturer's instructions, if available;

(d) Arranged in a way that does not interfere with other play equipment;

(e) Installed and assembled according to manufacturer's specifications;

(f) Stored in a manner to prevent injury; and

(g) Accessible to the child's height so that they can find, use, and return materials independently.

(3) An early learning provider must supply soft furnishings in licensed space accessible to children. Soft furnishings may include, but are not limited to, carpeted areas and area rugs, upholstered furniture, cushions or large floor pillows, and stuffed animals.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0135, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0135, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0135, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0140 Room arrangement, child-related displays, private space, and belongings.

(1) Early learning materials and equipment must be visible, accessible to children in care, and must be arranged to promote and encourage independent access by children.

(2) An early learning provider must display age and developmentally appropriate early learning materials. Materials must be located at enrolled children's eye level and related to current activities or curriculum.

(3) An early learning provider must offer, or allow a child to create, a place for privacy. This space must:

(a) Allow the provider to supervise children; and

(b) Include an area accessible to children who seek or need time alone or in small groups.

(4) An early learning provider must have extra clothing available for children who wet, soil, or have a need to change clothes.

(5) An early learning provider must supply individual storage space for each child's belongings while in attendance. At a minimum, the space must be:

(a) Accessible to the child; and

(b) Large enough and spaced sufficiently apart from other storage space to:

(i) Store the child's personal articles and clothing; and

(ii) Promote or encourage children to organize their possessions.

(6) Child usable and accessible areas must be arranged to provide sufficient space for routine care, child play, and learning activities. These areas must be designed to:

(a) Allow the provider to supervise or actively supervise the children, depending on the nature of the activities;

(b) Allow children to move freely; and

(c) Allow for different types of activities at the same time (for example: Blocks, puppets, language and literary materials, art materials, clay or play dough, music and movement, or dramatic play).

History

WSR 18-15-001, recodified as § 110-300-0140, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0140, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0145 Outdoor early learning program space.

(1) An early learning provider must visually inspect outdoor program space and equipment daily to ensure outdoor areas and equipment are free of hazards.

(2) Outdoor play space must contain a minimum of seventy-five square feet of licensed usable space per child accessing the play space at any given time. An early learning provider may develop an alternate plan if an early learning program does not have enough outdoor play space to accommodate all enrolled children at once, such as rotating groups of children to play outdoors or using an off-site play area. The department must approve alternate plans to use off-site play spaces.

(3) An early learning program must have shaded areas in outdoor play space provided by trees, buildings, or shade structures.

(4) Outdoor play space must promote a variety of age and developmentally appropriate active play areas for children in care. Activities must encourage and promote both moderate and vigorous physical activity such as running, jumping, skipping, throwing, pedaling, pushing, pulling, kicking, and climbing.

(5) When the licensed outdoor play space is not immediately adjacent to the early learning program site, an early learning provider must use a safe route when moving to and from the licensed outdoor play space.

(6) Licensed outdoor play areas must be enclosed with a fence or barrier that is intended to prevent children from exiting and discourages climbing. If the outdoor play area is enclosed by a barrier that is not a fence, the barrier may be a wall constructed with brick, stone, or a similar material.

(7) Licensed outdoor play areas must be enclosed to deter people without permission from entering the area.

(8) Fences, barriers, and gates must be in good condition, have no gap through which a sphere with a diameter of three and one-half inches can pass, and have a minimum height of forty-eight inches or conform in height to applicable local codes.

(9) The opening between a fence post and gate or fence post and building must have no gap through which a sphere with a diameter of three and one-half inches can pass.

(10) An early learning provider must not install any wooden fence, playground structure, or furniture if it contains chromated copper arsenate (CCA), creosote, or pentachlorophenol. If wooden fences, structures, and furniture are suspected of having CCA, they must be tested. If CCA is present, fences, structures, and furniture must be removed or sealed with an oil-based outdoor sealant annually or more often as needed.

(11) Prior to licensing, exiting mechanisms on gates from a licensed outdoor play area to unlicensed space must be equipped with a self-closing and self-latching mechanism (shuts automatically when released from an individual's control). A gate that is not an emergency exit must be locked or self-closing and self-latching.

(12) Outdoor play areas must have two exits that must not be partially or entirely blocked. At least one of the two exits must not lead back into licensed indoor space.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0145, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0145, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0145, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0146 Equipment and surfaces in outdoor early learning space.

(1) Playground equipment and surfacing used by an early learning provider must comply with applicable CPSC guidelines including, but not limited to, installing, arranging, designing, constructing, and maintaining outdoor play equipment and surfacing.

(a) Climbing play equipment must not be placed on or above concrete, asphalt, packed soil, lumber, or similar hard surfaces;

(b) The ground under swings and play equipment must be covered by a shock absorbing material (grass alone is not an acceptable) such as:

(i) Pea gravel at least nine inches deep;

(ii) Playground wood chips at least nine inches deep;

(iii) Shredded recycled rubber at least six inches deep; or

(iv) Any material that has a certificate of compliance, label, or documentation stating it meets ASTM standards F1292.

(2) Permanently anchored outdoor play equipment must not be placed over septic tank areas or drain fields and must be installed according to the manufacturer's directions.

(3) Handmade playground equipment must be maintained for safety or removed when no longer safe. Prior to construction of new handmade playground equipment, the provider must notify the department and have plans and a materials list available upon request.

(4) Bouncing equipment including, but not limited to, trampolines, rebounders, and inflatable equipment must be inaccessible and locked. This requirement does not apply to bounce balls designed to be used by individual children.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0146, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0146, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0146, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0147 Weather conditions and outdoor hazards.

(1) An early learning provider must observe weather conditions and other possible hazards to take appropriate action for child health and safety. Conditions that pose a health or safety risk may include, but are not limited to:

(a) Heat in excess of 100 degrees Fahrenheit or pursuant to advice of the local authority;

(b) Cold less than 20 degrees Fahrenheit, or pursuant to advice of the local authority;

(d) Earthquake;

(e) Air quality emergency ordered by a local or state authority on air quality or public health;

(f) Lockdown notification ordered by a public safety authority; and

(g) Other similar incidents.

(2) An early learning provider must dress children for weather conditions during outdoor play time.

History

WSR 18-15-001, recodified as § 110-300-0147, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0147, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0148 Gardens in outdoor early learning program space.

(1) A garden in an early learning program space must:

(a) Have safeguards in place to minimize risk of cross-contamination by animals;

(b) Use soil free from agricultural or industrial contaminants such as lead or arsenic if gardening directly in the ground;

(i) New soil that is labeled "organic" or "safe for children" and was obtained from a gardening supply store or other retail store; or

(ii) Composted soil made from material that is safe according to the Washington State University's extension master gardener composting guidelines; and

(d) Use water that comes from a private well approved by the local health jurisdiction or from a public water system. An early learning provider must make water for gardens inaccessible to children if the provider uses irrigation water.

(2) Garden beds must be made of materials that will not leach chemicals into the soil including, but not limited to, wood treated with chromated copper arsenate, creosote or pentachlorophenol, reclaimed railroad ties, or tires.

(3) Any herbicide or pesticide must be applied pursuant to the product manufacturer's directions. The product must not be applied while children are present. Children must not apply the product, or have access to the garden during the manufacturer's prescribed waiting period following application.

(4) Commonplace toxic plants or plants with poisonous leaves (for example: Tomato, potato, or rhubarb) may be grown in the garden. An early learning provider must actively supervise children who are able to access a garden where commonplace toxic plants or plants with poisonous leaves are growing.

History

Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0148, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0148, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201, and Governor Directive 16-06. WSR 17-10-032, § 170-300-0148, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0150 Program and activities.

(1) An early learning provider must supply children in care with early learning materials that are age and developmentally appropriate. For each age group of children in care, a provider must supply a variety of materials that satisfy individual, developmental, and cultural needs. Early learning materials must be:

(a) Clean;

(b) Washable or disposable;

(d) Available to children in care appropriate to a child's age and developmental level;

(e) Nonpoisonous and free of toxins. If an early learning provider is using prepackaged art materials, the material packaging must be labeled "non-toxic" by the manufacturer and meet ASTM standard D-4236 as described in 16 C.F.R. 1500.14 (b)(8)(i);

(f) In good and safe working condition;

(g) Accommodating to special needs of children in care; and

(h) Removed from the early learning program space once an item has been recalled by CPSC.

(2) An early learning provider must ensure a sufficient quantity and variety of materials to engage children in the early learning program, such as arts and crafts supplies, various textured materials, construction materials, manipulative materials, music and sound devices, books, and social living equipment. Materials must:

(a) Encourage both active physical play and quiet play activities;

(b) Promote imagination and creativity;

(d) Encourage social skill development;

(e) Promote numeracy (counting and numbers) and spatial ability;

(f) Encourage discovery and exploration; and

(g) Promote learning skills.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0150, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0150, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0150, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0155 Use of television, video, and computers.

If an early learning provider offers screen time to children in care:

(1) The screen time available for each child:

(a) Must be educational, developmentally and age appropriate, nonviolent, and culturally sensitive; and

(b) Should be interactive with staff.

(2) Children must not be required to participate in screen time activities. Alternative activities must be provided to children in care when screen time is offered.

(3) Screen time must not occur during scheduled meals or snacks.

(4) Total screen time must not exceed two and one-half hours per week for each child over twenty-four months of age through preschool in full-day care (one and one-quarter hours per child in half-day care).

(5) For school-age children, screen time must be limited to two and one-half hours per week for each child unless computer use is required for homework or a part of curriculum.

(6) There must not be intentional screen time for children under twenty-four months of age. An infant or toddler must be redirected from an area where screen time is displayed.

History

WSR 18-15-001, recodified as § 110-300-0155, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0155, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0160 Promoting acceptance of diversity.

(1) An early learning provider must provide culturally and racially diverse learning opportunities. Diverse learning opportunities must be demonstrated by the provider's curriculum, activities, and materials that represent all children, families, and staff. A provider must use equipment and materials that include, but are not limited to:

(a) Diverse dolls, books, pictures, games, or materials that do not reinforce stereotypes;

(b) Diverse music from many cultures in children's primary languages; and

(2) An early learning provider must intervene appropriately to stop biased behavior displayed by children or adults including, but not limited to:

(a) Redirecting an inappropriate conversation or behavior;

(b) Being aware of situations that may involve bias and responding appropriately; and

History

WSR 18-15-001, recodified as § 110-300-0160, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0160, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0165 Safety requirements.

(1) An early learning provider must keep indoor and outdoor early learning program space, materials, and equipment free from hazards and in safe working condition. Equipment and toys purchased and used must be compliant with CPSC guidelines or ASTM standards. Playground equipment and surfaces must meet the requirements of WAC 110-300-0146.

(2) An early learning provider must take steps to prevent hazards to children including, but not limited to:

(a) Making inaccessible to infants and toddlers any equipment, material, or objects that may pose a risk of choking, aspiration, or ingestion. For the purposes of this section, equipment, material, or objects that have a diameter or overall dimension of one and three-quarter inches or less are considered items that may pose a risk of choking, aspiration, or ingestion. Small parts from larger equipment, material, or objects that have a diameter or overall dimension of one and three-quarter inches or less, that may become detached from the larger equipment, materials, or object are also considered items that may pose a risk of choking, aspiration, or ingestion;

(b) Eliminating and not using in the licensed space, pursuant to RCW 43.216.380, any window blinds or other window coverings with pull cords or inner cords capable of forming a loop and posing risk of strangulation to children.

(i) Window blinds and other window coverings that have been manufactured or properly retrofitted in a manner that eliminates the formation of loops posing a risk of strangulation are allowed; and

(ii) A window covering must not be secured to the frame of a window or door used as an emergency exit in a way that would prevent the window or door from opening easily.

(c) Making inaccessible to children straps, strings, cords, wires, or similar items capable of forming a loop around a child's neck that are not used during supervised early learning program activities;

(d) Making inaccessible to children plastic bags and other suffocation hazards;

(e) Ensuring firearms, guns, weapons, and ammunition are not on the premises of a center early learning program. Firearms, guns, weapons, and ammunition on the premises of a family home early learning program must be stored in a locked gun safe or locked room inaccessible to children. If stored in a locked room, each gun must be stored unloaded and with a trigger lock or other disabling device. The locked room must be inaccessible to children at all times;

(f) Preventing children from walking into or through a glass door, window, or other glass barrier, by placing stickers or art work at the children's eye level on the glass; and

(g) Cribs, play pens, bassinets, infant beds, and indoor climbing structures must not be placed next to windows, to prevent harm from shattered glass, unless the window is made of safety glass.

(3) An early learning provider must take measures intended to prevent other hazards to children in care in early learning program space including, but not limited to:

(a) Cuts, abrasions, and punctures. Equipment, materials, and other objects on the premises that have splintered edges, sharp edges, points, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children;

(b) Burns. Equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;

(c) Sheering, crushing, or pinching. Broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;

(d) Entrapment. Washers, dryers, large compost bins, spare or secondary freezers and refrigerators, and other entrapment dangers must be inaccessible to children unless being actively supervised;

(e) Tripping. Tripping hazards must be eliminated. Uneven walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired;

(f) Falling objects. Large objects that pose a risk of falling or tipping must be securely anchored. Large objects include, but are not limited to, televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units; and

(g) Equipment in poor condition. Equipment in poor condition (loose parts, rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.

(4) To ensure a safe environment for children in care, an early learning provider must comply with the following requirements:

(a) Indoor temperatures for the premises. The temperature of indoor early learning licensed space must be between 68 and 82 degrees Fahrenheit. If indoor licensed space is colder than 68 or hotter than 82 degrees Fahrenheit, an early learning provider must use climate control devices that are inaccessible to children to bring the temperature within the required range;

(b) Window openings. Windows within the reach of children must only open up to three and one-half inches or have some barrier or preventative measure to discourage children from exiting through the window. The three and one-half inch opening does not apply to exit windows in family home early learning programs;

(c) Licensed space lighting. Early learning program space must have natural or artificial light that provides appropriate illumination for early learning program activities and supervision. A provider must comply with all light fixture manufacturers' installation and use requirements. A provider must also ensure compliance with the following requirements:

(i) Light fixtures must have shatter-resistant covers or light bulbs;

(ii) Lights or light fixtures used indoors must be designed for indoor use only;

(iii) Free standing lamps must be attached or secured to prevent tipping; and

(iv) Halogen lamps and bulbs are prohibited.

(d) Safe noise levels. Noise levels must be maintained at a level in which a normal conversation may occur;

(e) Safe water temperature. All water accessible to enrolled children must not be hotter than 120 degrees Fahrenheit;

(f) Stairway safety.

(i) There must not be clutter or obstructions in the stairway;

(ii) All stairways (indoor and outdoor), not including play structures, must meet local building codes pursuant to RCW 43.216.340.

(A) Open stairways with no walls on either side must have handrails with slats (balusters) that prevent a child from falling off either side of the stairway.

(B) Stairways with a wall on only one side must have a handrail with slats (balusters) on the side without the wall that prevents a child from falling off the stairway.

(C) Stairways with a wall on both sides must have a handrail no higher than thirty-eight inches on at least one side of the stairway.

(iii) Stairways must have a pressure gate, safety gate, or door to keep stairs inaccessible to infants and toddlers when not in use. Openings between slats on pressure or safety gates must not be large enough to allow a sphere that is three and one-half inches wide to pass through.

(g) Platforms and decks. All platforms and decks used for child care activities must meet local building codes pursuant to RCW 43.216.340. This does not include play equipment. All platforms and decks with a drop zone of more than eighteen inches must have guardrails in sections without steps.

(5) To ensure a safe environment for children in care, an early learning provider must comply with the following electrical requirements:

(a) In areas accessible to children, electrical outlets must have automatic shutters that only allow electrical plugs to be inserted (tamper-resistant) or that are covered by blank plates or other tamper-resistant covers appropriate to the electrical outlet;

(b) Outlets near sinks, tubs, toilets, or other water sources must be inaccessible to children or be tamper-resistant and equipped with a ground fault circuit interrupter (GFCI) outlet type;

(d) Electrical cords must be plugged directly into a wall outlet or a surge protector;

(e) Power strips with surge protectors may be used but must not be accessible to children in care;

(f) Extension cords may only be used for a brief, temporary purpose and must not replace direct wiring; and

(g) Electrical devices accessible to children must not be plugged into an electrical outlet near a water source such as sink, tub, water table, or swimming pool.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0165, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0165, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0165, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0166 Emergency preparation and exiting.

(1) To be properly prepared for an emergency, early learning programs must have an emergency preparedness plan required by WAC 110-300-0470.

(2) Early learning providers must have the following in case of an emergency:

(a) A working flashlight or other emergency lighting device must be available for use as an emergency light source. Battery powered flashlights must have an extra set of batteries easily available; and

(b) A working telephone must be available for use with sufficient backup power to function for at least five hours.

(3) To ensure a safe exit from the premises during an emergency, early learning providers must comply with the following requirements:

(a) Emergency exit doors must remain unlocked from the inside, but may be locked from the outside while the early learning program is open. The door handle must be of the type that can be opened from the inside without the use of a key, tools, or special knowledge, and must automatically unlock when the knob or handle is turned;

(b) Exit doors that are not designated as an emergency exit door may be locked during operating hours. Locking interior doors in early learning program space must be designed to be unlocked from either side. An unlocking device must be readily available; and

(4) For family home early learning programs:

(a) Each level or floor of the home licensed for early learning programming, except basements, must have at least two emergency exit pathways that lead directly to the exterior of and away from the building.

(i) The emergency exits on each floor must be as widely spaced as possible, ideally at opposite ends of the floor.

(ii) At least one emergency exit on each floor must be an emergency exit door. At least one emergency exit door must be a pivoting or side-hinged swinging door. Other exit doors may be sliding glass doors.

(iii) The portion of a home that is partly or completely below grade (basement) must have at least one emergency exit window or door that leads directly to the exterior of the building.

(b) Every room licensed for early learning programming, except bathrooms, must have at least two emergency exits. These exits must be any combination of the following:

(i) An emergency exit door that leads directly to the exterior of the building;

(ii) An emergency exit window that leads directly to the exterior of the building; or

(iii) A door or doorway that leads to an emergency exit pathway. No two doors or doorways can lead to the same emergency exit pathway.

(i) Remain unlocked during operating hours except that a manufacturer-installed latch may remain latched;

(ii) Be designed to open from the inside of the room without the use of keys, tools, or special knowledge;

(iii) Be easy to open to the full position;

(iv) Have at least five point seven square feet of open area, except emergency exit windows on the ground floor which must have at least five square feet of open area;

(v) Be at least 20 inches wide and at least 24 inches tall when fully opened;

(vi) Have an interior sill height no more than 44 inches above the interior floor; and

(vii) Have a place to land outside that is no more than 48 inches below the exterior window sill.

History

Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 23-07-066, § 110-300-0166, filed 3/10/23, effective 4/10/23. WSR 18-15-001, recodified as § 110-300-0166, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0166, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0170 Fire safety.

(1) An early learning provider must comply with the state building code, as now and hereafter amended, pursuant to RCW 19.27.031.

(2) An early learning provider must arrange for a fire safety inspection annually. A provider must arrange a fire safety inspection with a local government agency. If a local government agency is not available to conduct a fire safety inspection, a provider must inspect for fire safety using the state fire marshal form.

(3) To ensure a safe environment for children in care, an early learning provider must comply with the following fire safety requirements:

(a) Combustible materials.

(i) Combustible materials must be properly discarded pursuant to local jurisdictions, removed from the premises, or properly stored in closed metal containers specifically designed to hold such combustible materials;

(ii) Combustible materials stored in a closed metal container must not be stored in the premises licensed space or any place that may be accessible to children in care;

(iii) Combustible materials include, but are not limited to, lint, gasoline, natural gas, diesel, fuel, propane, rags soaked in combustible materials, oils, chemicals, or solvents.

(b) Furnaces and other heating devices.

(i) Paper, rubbish, or other combustible materials must be at least three feet from furnaces, fireplaces, or other heating devices;

(ii) Furnaces and other heating devices must be inaccessible to children in care; and

(iii) An appliance or heating device that has a surface capable of burning a child or reaching 110 degrees Fahrenheit must be inaccessible to children in care unless a program activity involves such an appliance or device and children are being actively supervised.

(c) Electrical motors. Electrical motor fans and appliances must be regularly cleaned to prevent accumulation of dust or lint.

(d) Open flame devices, candles, matches and lighters.

(i) Except for the use of a gas kitchen range, open flame devices must not be used in early learning program space or any other space accessible to children in care during operating hours;

(ii) Candles must not be used during operating hours;

(iii) Matches and lighters must be inaccessible to children.

(e) Portable heaters and generators. Portable heaters or fuel powered generators must not be used inside early learning program space during operating hours.

(i) In case of an emergency, a generator may be used but must be placed at least twenty feet from buildings, windows, doors, ventilation intakes, or other places where exhaust fumes may be vented into the premises or early learning space; and

(ii) Appliances must be plugged directly into a generator or into a heavy duty outdoor-rated extension cord that is plugged into a generator.

(f) Fireplaces, woodstoves, or similar wood burning heating devices. Chimneys, fireplaces, gas burning fireplaces, wood stoves or similar wood-burning devices must be inspected annually by a state or locally certified inspector, unless the provider submits to the department a written statement that the chimney, fireplace, wood stove or similar wood-burning device will not be used at any time.

(g) Fire alarms and smoke and carbon monoxide detectors.

(i) An early learning provider must have and maintain at least one smoke detector per licensed sleeping area and one per floor. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0907, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0314, as now and hereafter amended; and

(ii) An early learning provider must have and maintain carbon monoxide detectors. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0915, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0315, as now and hereafter amended.

(h) Backup method to sound an alarm. In addition to working smoke detectors, an early learning provider must have another method to alert all staff and enrolled children of a fire, emergency situation, or drill.

(i) Extinguishers. An early learning provider must have and maintain working fire extinguishers that are marked with a minimum rating of 2A:10 BC.

(i) Fire extinguishers must be located pursuant to the state building code chapter 51-54A WAC, as now and hereafter amended, and must be readily available for use in case of an emergency;

(ii) Fire extinguishers must be located on each level of the early learning program space used by children and mounted within seventy-five feet of an exit next to the path of the exit; and

(iii) If a fire extinguisher is mounted in a closet, there must be a sign indicating the location of the extinguisher and obstructions must not block access to the closet.

(j) Monthly inspections. An early learning provider must involve staff responsible for different groups of children or individual classrooms during monthly inspections. At least once per month, a provider must inspect the premises to identify possible fire hazards and eliminate any hazards found including, but not limited to:

(i) Fire extinguishers;

(ii) Smoke detectors;

(iii) Alternate alarms; and

(iv) Emergency lighting.

History

WSR 18-15-001, recodified as § 110-300-0170, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0170, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0175 Water hazards and swimming pools.

To prevent injury or drowning and ensure the health and safety of children, an early learning provider must comply with the requirements described in this section.

(1) The following bodies of water must be inaccessible to children in care by using a physical barrier with a locking mechanism in compliance with WAC 246-260-031(4):

(a) Swimming pools when not being used as part of the early learning program;

(b) Ponds, lakes, storm retention ponds, ditches, fountains, fish ponds, landscape pools, or similar bodies of water; and

(c) Uncovered wells, septic tanks, wastewater, wastewater tanks, below grade storage tanks, farm manure ponds, or other similar hazards.

(2) Hot tubs and similar equipment must be made inaccessible by using a physical barrier with a locking mechanism.

(3) An early learning provider must comply with the following requirements when using a swimming pool as part of the early learning program:

(a) Comply with the supervision requirements of WAC 110-300-0350;

(b) Audible alarms must be on all doors, screens, and gates in licensed areas that lead to a swimming pool. The alarm must be sufficient to warn staff when children enter the outdoor area and could access the swimming pool;

(d) Swimming pools must be cleaned and sanitized according to manufacturer instructions, chapter 246-260 WAC, and department of health or local health jurisdiction guidelines;

(e) A swimming pool must not be used if the main drain cover is missing; and

(f) Children in diapers or toilet training must wear swim pants to lower the risk of contaminating the water.

(4) Filtered wading pools must be inaccessible to children when not in use. Wading pools that do not have a filtering system are not permitted in the early learning program space.

(5) For bodies of water not located in early learning program space, but that are in close proximity, a physical barrier on the property must make such bodies of water inaccessible to children in care.

(6) Five gallon buckets or other similar containers must not be used for infant or toddler water play.

(7) If an early learning provider uses water tables or similar containers, the tables or containers must be emptied and sanitized daily, or more often if necessary.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0175, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0175, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0175, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0180 Meal and snack schedule.

(1) An early learning provider must serve meals and snacks to children in care as follows:

(a) Meals and snacks must be served not less than two hours and not more than three hours apart unless the child is asleep;

(b) Children in care for five to nine hours:

(i) At least one meal and two snacks; or

(ii) Two meals and one snack.

(i) Two meals and two snacks; or

(ii) Three snacks and one meal.

(d) After school snack, dinner, evening snack, and breakfast:

(i) A snack or meal must be provided to a child that arrives to the early learning program after school;

(ii) Dinner must be provided to children in nighttime care if a child is at an early learning program after their dinnertime, or has not had dinner;

(iii) An evening snack must be provided to children in nighttime care;

(iv) Breakfast must be provided to children in nighttime care if a child remains in care after the child's usual breakfast time; and

(v) A breakfast or morning snack must be available to children in care.

(2) At least once per day, an early learning provider must offer children an opportunity for developmentally appropriate tooth brushing activities.

(a) Tooth brushing activities must be safe, sanitary, and educational.

(b) Toothbrushes used in an early learning program must be stored in a manner that prevents cross contamination.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0180, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0180, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0180, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0185 Menus, milk, and food.

To ensure proper nutrition of children in care, an early learning provider must comply with the child nutrition requirements described in this section.

(1) Meals, snack foods, and beverages provided to children in care must comply with the requirements contained in the most current edition of the USDA Child and Adult Care Food Program (CACFP) standards, or the USDA National School Lunch and School Breakfast Program standards.

(a) An early learning provider must supply dated menus.

(b) Food and beverage substitutions to a scheduled menu must be of equal nutritional value.

(d) An early learning provider must limit the consumption of one hundred percent fruit juice to no more than four to six ounces per day for children between one and six years old, and eight to twelve ounces per day for children seven through twelve years old.

(2) An early learning provider must serve a fruit or vegetable during at least one snack per day. The fruit and vegetable serving may count as one of the two required snack components or as a third snack component.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-11-027, § 110-300-0185, filed 5/13/20, effective 6/13/20. WSR 18-15-001, recodified as § 110-300-0185, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0185, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0186 Food allergies and special dietary needs.

(1) An early learning provider must obtain written instructions (the individual care plan) from the child's health care provider and parent or guardian when caring for a child with a known food allergy or special dietary requirement due to a health condition. The individual care plan pursuant to WAC 110-300-0300 must:

(a) Identify foods that must not be consumed by the child and steps to take in the case of an unintended allergic reaction;

(b) Identify foods that can substitute for allergenic foods; and

(c) Provide a specific treatment plan for the early learning provider to follow in response to an allergic reaction. The specific treatment plan must include the:

(i) Names of all medication to be administered;

(ii) Directions for how to administer the medication;

(iii) Directions related to medication dosage amounts; and

(iv) Description of allergic reactions and symptoms associated with the child's particular allergies.

(2) An early learning provider must arrange with the parents or guardians of a child in care to ensure the early learning program has the necessary medication, training, and equipment to properly manage a child's food allergies.

(3) If a child suffers from an allergic reaction, the early learning provider must immediately:

(a) Administer medication pursuant to the instructions in that child's individual care plan;

(b) Contact 911 whenever epinephrine or other lifesaving medication has been administered; and

(c) Notify the parents or guardians of a child if it is suspected or appears that any of the following occurred, or is occurring:

(i) The child is having an allergic reaction; or

(ii) The child consumed or came in contact with a food identified by the parents or guardians that must not be consumed by the child, even if the child is not having or did not have an allergic reaction.

(4) Early learning providers must review each child's individual care plan information for food allergies prior to serving food to children.

History

WSR 18-15-001, recodified as § 110-300-0186, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0186, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0190 Parent or guardian provided food and written food plans.

(1) A written food plan must be developed by the provider and a child's parent or guardian, signed by all parties, and followed when accommodating a child's:

(a) Special feeding needs;

(b) Special diets;

(d) Family preference; or

(e) Other needs.

(2) An early learning provider may allow or require parents or guardians to bring food for their child.

(3) If a parent or guardian provides meals for their child, an early learning provider must:

(a) Notify the parent or guardian in writing of the USDA CACFP requirements for each meal; and

(b) Supplement a child's meal that does not satisfy USDA CACFP requirements if necessary.

(4) On special occasions, such as birthdays, an early learning provider may allow parents or guardians to bring in snacks that may not satisfy the nutritional requirements for all children. The snacks provided must be limited to:

(a) Store purchased fruits and vegetables (uncut);

(b) Foods prepackaged in the original manufacturer containers; or

(c) Snacks prepared, cooked, or baked at home by parents or guardians of a child in care. Prior to serving, an early learning provider must receive written permission from each child's parent or guardian stating their child may consume food prepared, cooked, or baked by another child's parent or guardian.

History

WSR 18-15-001, recodified as § 110-300-0190, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0190, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0195 Food service, equipment, and practices.

(1) An early learning provider preparing or serving food must comply with the current department of health Washington State Food and Beverage Workers' Manual and supervise services that prepare or deliver food to the early learning program.

(2) Snacks and meals must be prepared and served by an early learning provider who possesses a valid and current food worker card pursuant to WAC 110-300-0106(13).

(3) An early learning provider must:

(a) Supply durable and developmentally appropriate individual eating and drinking equipment, or developmentally appropriate single use disposable items;

(b) Clean and sanitize eating and drinking equipment after each use. Water cups or bottles must be cleaned and sanitized daily if designated for a single child;

(c) Ensure plastic eating and drinking equipment does not contain BPA (a chemical used in hard plastic bottles and as a protective lining in food and beverage cans) or have cracks or chips;

(d) Use gloves, utensils, or tongs to serve food;

(e) Serve meals or snacks on plates, dishware, containers, trays, or napkins or paper towels, if appropriate. Food should not be served directly on the eating surface; and

(f) Be respectful of each child's cultural food practices.

(4) An early learning provider must:

(a) Serve each child individually or serve family style dining, allowing each child the opportunity to practice skills such as passing shared serving bowls and serving themselves; and

(b) Sit with children during meals.

History

WSR 18-15-001, recodified as § 110-300-0195, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0195, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0196 Food sources.

(1) Food prepared and served from an early learning program must not be tampered with or spoiled.

(2) Food prepared and served from an early learning program must be obtained from an approved source licensed and inspected by the local health jurisdiction, the Washington state department of agriculture (WSDA), or the USDA. Food items not approved to be served to children in care include:

(a) Meat, fish, poultry, eggs, or milk that has not been inspected by the USDA or WSDA;

(b) Home canned food;

(d) Leftover food that was previously served from outside of the early learning program; or

(e) Food from roadside stands selling without a permit.

(3) Food not prepared on-site by an early learning provider, pursuant to WAC 110-300-0195(2), must be provided by:

(a) A licensed food establishment, kitchen, or catering business that meets food service requirements (chapter 246-215 WAC) and is regularly inspected by a local health jurisdiction;

(b) A parent or guardian for their own children; or

(4) Fruits and vegetables (produce) grown on-site in a garden as part of an early learning program may be served to children as part of a meal or snack. Prior to preparing and serving:

(a) The produce must be thoroughly washed and scrubbed in running cold water to remove soil and other contaminants;

(b) Damaged or bruised areas on the produce must be removed; and

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0196, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0196, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0196, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0197 Safe food practices.

(1) Early learning providers must wash their hands, pursuant to WAC 110-300-0200.

(2) Early learning providers must store, prepare, cook, hold food, and wash dishes, pursuant to WAC 110-300-0195.

(3) For all foods offered by the provider or given to an enrolled child by a parent or guardian, the provider must:

(a) Provide appropriate refrigeration to preserve foods from spoiling. Foods that may be subject to spoiling include, but are not limited to, meats, cooked potatoes, cooked legumes, cooked rice, sprouts, cut melons, cut cantaloupes, milk, and cheese; and

(b) Refrigerate foods requiring refrigeration at 41 degrees Fahrenheit or less and freeze foods required to be frozen at 10 degrees Fahrenheit or less.

(4) Food must be stored as follows:

(a) In original containers or in clean, labeled, dated, and airtight food grade containers, if appropriate;

(b) Food not required to be refrigerated or frozen must not be stored directly on the floor;

(d) Food and food service items (such as utensils, napkins, and dishes) must not be stored in an area with toxic materials (such as cleaning supplies, paint, or pesticides);

(e) Food that is past the manufacturer's expiration or "best served by" date must not be served to enrolled children; and

(f) Raw meat must be stored in the refrigerator or freezer below cooked or ready to eat foods.

(5) For food requiring temperature control, a center early learning program must maintain a food temperature log by using a calibrated and working metal stem-type or digital food thermometer.

(6) Prior to storing leftover food in a refrigerator or freezer, an early learning provider must label the food with the date the leftover food was opened or cooked.

(7) An early learning provider may serve leftover food that originated from the early learning program if the leftover food was not previously served and:

(a) Refrigerated leftover food must be stored and then served again within forty-eight hours of originally being prepared; or

(b) Frozen leftover food must be promptly served after thawing and being cooked.

(8) Frozen food must be thawed by one of the following methods:

(a) In a refrigerator;

(b) Under cool running water inside a pan placed in a sink with the drain plug removed; or

History

WSR 18-15-001, recodified as § 110-300-0197, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0197, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0198 Food preparation areas.

(1) An early learning provider or staff must clean and sanitize food preparation areas and eating surfaces before and after each use, pursuant to WAC 110-300-0241 (1)(a).

(2) In an early learning program's food preparation area, kitchens must:

(a) Have walls, counter tops, floors, cabinets, and shelves that are:

(i) Maintained in good repair including, but not limited to, being properly sealed without chips, cracks, or tears; and

(ii) Moisture resistant.

(b) Have a properly maintained and vented range hood, exhaust fan, or operable window; and

(c) Have a properly maintained and working refrigerator, freezer, or a combination refrigerator and freezer with sufficient space for proper storage and cooling of food.

(3) An early learning provider must:

(a) Have at least eight feet between the food preparation area and any diaper changing tables or counters and sinks used for diaper changing;

(b) Clean and sanitize a sink immediately before using it to prepare food to be served to children in care;

(d) Clean dishes, pans, baby bottles, and kitchen utensils as follows:

(i) Cleaning and sanitizing with an automatic dishwasher that uses heat or chemicals to sanitize; or

(ii) Handwashing, rinsing, sanitizing, and allowing to air dry.

(4) Center early learning programs licensed after the date this chapter becomes effective must have:

(a) A handwashing sink separate from dishwashing facilities;

(b) A food preparation sink located in the food preparation area; and

(i) A two-compartment sink and an automatic dishwasher that sanitizes with heat or chemicals; or

(ii) A three-compartment sink method (sink one is used to wash, sink two is used to rinse, sink three contains a sanitizer, and the dishes are allowed to air dry).

(5) An early learning provider may use the kitchen for actively supervised cooking or food preparation activities with children in care.

History

WSR 18-15-001, recodified as § 110-300-0198, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0198, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0200 Handwashing and hand sanitizer.

(1) Early learning providers must comply with the following handwashing procedures or those defined by the United States Center for Disease Control and Prevention, and children should strongly be encouraged to:

(a) Wet hands with warm water;

(b) Apply soap to the hands;

(d) Thoroughly rinse hands with water;

(e) Dry hands with a paper towel, single-use cloth towel, or air hand dryer;

(f) Turn water faucet off using a paper towel or single-use cloth towel unless it turns off automatically; and

(g) Properly discard paper single-use cloth towels after each use.

(2) An early learning provider must wash and sanitize cloth towels after a single use. Soiled and used towels must be inaccessible to children.

(3) To prevent children from being burned, air hand dryers must have a heat guard (barrier that prevents user from touching heating element) and turn off automatically.

(4) Early learning providers must wash their hands following the handwashing procedures listed above:

(a) When arriving at work;

(b) After toileting a child;

(c) Before and after diapering a child (use a wet wipe in place of handwashing during the middle of diapering if needed);

(d) After personal toileting;

(e) After attending to an ill child;

(f) Before and after preparing, serving, or eating food;

(g) Before preparing bottles;

(h) After handling raw or undercooked meat, poultry, or fish;

(i) Before and after giving medication or applying topical ointment;

(j) After handling or feeding animals, handling an animal's toys or equipment, or cleaning up after animals;

(k) After handling bodily fluids;

(l) After using tobacco or vapor products;

(m) After being outdoors;

(n) After gardening activities;

(o) After handling garbage and garbage receptacles; and

(p) As needed or required by the circumstances.

(5) Early learning providers must direct, assist, teach, and coach, children to wash their hands, using the steps listed above:

(a) When arriving at the early learning premises;

(b) After using the toilet;

(d) After outdoor play;

(e) After gardening activities;

(f) After playing with animals;

(g) After touching body fluids such as blood or after nose blowing or sneezing;

(h) Before and after eating or participating in food activities including table setting; and

(i) As needed or required by the circumstances.

(6) Hand sanitizers or hand wipes with alcohol may be used for adults and children over twenty-four months of age under the following conditions:

(a) When proper handwashing facilities are not available; and

(b) Hands are not visibly soiled or dirty.

(7) Children must be actively supervised when using hand sanitizers to avoid ingestion or contact with eyes, nose, or mouths.

(a) Hand sanitizer must not be used in place of proper handwashing.

(b) An alcohol-based hand sanitizer must contain sixty to ninety percent alcohol to be effective.

History

WSR 18-15-001, recodified as § 110-300-0200, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0200, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0205 Child, staff, and household member illness.

(1) An early learning provider must observe all children for signs of illness when they arrive at the early learning program and throughout the day. Parents or guardians of a child should be notified, as soon as possible, if the child develops signs or symptoms of illness.

(2) If an early learning provider becomes ill, a licensee, center director, assistant director, or program supervisor must determine whether that person should be required to leave the licensed early learning space.

(3) When a child becomes ill, an early learning provider (or school nurse, if applicable) must determine whether the child should be sent home or separated from others. A provider must supervise the child to reasonably prevent contact between the ill child and healthy children.

(4) An ill child must be sent home or reasonably separated from other children if:

(a) The illness or condition prevents the child from participating in normal activities;

(b) The illness or condition requires more care and attention than the early learning provider can give;

(c) The required amount of care for the ill child compromises or places at risk the health and safety of other children in care; or

(d) There is a risk that the child's illness or condition will spread to other children or individuals.

(5) Unless covered by an individual care plan or protected by the ADA, an ill child, staff member, or other individual must be sent home or isolated from children in care if the ill individual has:

(a) A fever 101 degrees Fahrenheit for children over two months (or 100.4 degrees Fahrenheit for an infant younger than two months) by any method, and behavior change or other signs and symptoms of illness (including sore throat, earache, headache, rash, vomiting, diarrhea);

(b) Vomiting two or more times in the previous twenty-four hours;

(c) Diarrhea where stool frequency exceeds two stools above normal per twenty-four hours for that child or whose stool contains more than a drop of blood or mucus;

(d) A rash not associated with heat, diapering, or an allergic reaction;

(e) Open sores or wounds discharging bodily fluids that cannot be adequately covered with a waterproof dressing or mouth sores with drooling;

(f) Lice, ringworm, or scabies. Individuals with head lice, ringworm, or scabies must be excluded from the child care premises beginning from the end of the day the head lice, ringworm, or scabies was discovered. The provider may allow an individual with head lice, ringworm, or scabies to return to the premises after receiving the first treatment; or

(g) A child who appears severely ill, which may include lethargy, persistent crying, difficulty breathing, or a significant change in behavior or activity level indicative of illness.

(6) At the first opportunity, but in no case longer than twenty-four hours of learning that an enrolled child, staff member, volunteer, or household member has been diagnosed by a health care professional with a contagious disease pursuant to WAC 246-110-010(3), as now and hereafter amended, an early learning provider must provide written notice to the department, the local health jurisdiction, and the parents or guardians of the enrolled children.

(7) An early learning provider must not take ear or rectal temperatures to determine a child's body temperature.

(a) Providers must use developmentally appropriate methods when taking infant or toddler temperatures (for example, digital forehead scan thermometers or underarm methods);

(b) Oral temperatures may be taken for preschool through school-age children if single-use covers are used to prevent cross contamination; and

(8) An early learning provider may readmit a child, staff member, volunteer or household member into the early learning program area with written permission of a health care provider or health jurisdiction stating the individual may safely return after being diagnosed with a contagious disease pursuant to WAC 246-110-010(3), as now and hereafter amended.

History

Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0205, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0205, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0205, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0210 Immunizations and exempt children.

(1) On or before their children's first day of attending an early learning program, the parents or guardians of enrolled children must give to early learning providers proof of vaccination or acquired immunity for the vaccine-preventable disease, required under RCW 43.216.690 and chapter 246-105 WAC. Early learning providers may accept children without proof of vaccinations or immunity as otherwise indicated in this section.

(2) Early learning providers must receive for each enrolled child upon enrollment and annually thereafter, as required by RCW 43.216.690 and WAC 246-105-050:

(a) A current, complete, and medically verified certificate of immunization status (CIS) form;

(b) A department approved certificate of exemption (COE) form, if applicable; or

(3) To accept a child who is not current with their immunizations, early learning providers must give written notice to that child's parent or guardian stating the child may be accepted if the immunizations are completed consistent with chapter 246-105 WAC and:

(a) Prior to enrollment the parent or guardian provides written proof the child is scheduled to be immunized; or

(b) Parents or guardians provides a signed and dated statement detailing when the child's immunizations will be brought up to date and stating they understand their child will be excluded from care if the immunizations are not completed within 30 calendar days of the specified due date.

(4) Early learning providers must maintain and update each child's records relating to immunizations or exemptions, or plans to bring immunizations current. These records must be available in the licensed space or easily accessible for review by department licensors, health specialists, and health consultants.

(5) Early learning providers may accept homeless or foster children into care without the records listed in this section if the child's family, caseworker, or health care provider offers written proof that they are in the process of obtaining the child's immunization records.

(6) Early learning providers must exclude a child from care according to the criteria listed in WAC 246-105-080.

(7) If an outbreak of a vaccine-preventable disease occurs within an early learning program, an early learning provider must notify parents or guardians of children exempt from immunization for that disease and children without vaccination documents. A provider may exclude the child from the child care premises for the duration of the outbreak of that vaccine-preventable disease.

(8) Early learning providers may have a written policy stating children exempted from immunization by their parent or guardian will not be accepted into care unless that exemption is due to an illness protected by the ADA or WLAD or by a completed and signed COE.

History

Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 23-07-066, § 110-300-0210, filed 3/10/23, effective 4/10/23. Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0210, filed 7/1/19, effective 8/1/19. WSR 18-15-001, recodified as § 110-300-0210, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0210, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0215 Medication.

(1) Managing medication. A medication management policy must include, but is not limited to, safe medication storage, reasonable accommodations for giving medication, mandatory medication documentation, and forms pursuant to WAC 110-300-0500.

(2) Medication training. An early learning provider must not give medication to a child if the provider has not successfully completed:

(a) An orientation about the early learning program's medication policies and procedures;

(b) The department standardized training course in medication administration that includes a competency assessment pursuant to WAC 110-300-0106(10) or equivalent training; and

(c) If applicable, a training from a child's parents or guardian (or an appointed designee) for special medical procedures that are part of a child's individual care plan. This training must be documented and signed by the provider and the child's parent or guardian (or designee).

(3) Medication administration. An early learning provider must not give medication to any child without written and signed consent from that child's parent or guardian, must administer medication pursuant to directions on the medication label, and using appropriate cleaned and sanitized medication measuring devices.

(a) An early learning provider must administer medication to children in care as follows:

(i) Prescription medication. Prescription medication must only be given to the child named on the prescription. Prescription medication must be prescribed by a health care professional with prescriptive authority for a specific child. Prescription medication must be accompanied with medication authorization form that has the medical need and the possible side effects of the medication. Prescription medication must be labeled with:

(A) A child's first and last name;

(B) The date the prescription was filled;

(D) The expiration date, dosage amount, and length of time to give the medication; and

(E) Instructions for administration and storage.

(ii) Nonprescription oral medication. Nonprescription (over-the-counter) oral medication brought to the early learning program by a parent or guardian must be in the original packaging.

(A) Nonprescription (over-the-counter) medication needs to be labeled with child's first and last name and accompanied with medication authorization form that has the expiration date, medical need, dosage amount, age, and length of time to give the medication. Early learning providers must follow the instructions on the label or the parent must provide a medical professional's note; and

(B) Nonprescription medication must only be given to the child named on the label provided by the parent or guardian.

(iii) Other nonprescription medication: An early learning provider must receive written authorization from a child's parent or guardian and health care provider with prescriptive authority prior to administering if the item does not include age, expiration date, dosage amount, and length of time to give the medication:

(A) Vitamins;

(B) Herbal supplements;

(D) Homeopathic or naturopathic medication; and

(E) Teething gel or tablets (amber bead necklaces are prohibited).

(iv) Nonmedical items. A parent or guardian must annually authorize an early learning provider to administer the following nonmedical items:

(A) Diaper ointments (used as needed and according to manufacturer's instructions);

(B) Sunscreen;

(D) Hand sanitizers or hand wipes with alcohol, which may be used only for children over 24 months old; and

(E) Fluoride toothpaste for children two years old or older.

(v) An early learning provider may allow children to take their own medication with parent or guardian authorization. The early learning staff member must observe and document that the child took the medication.

(vi) An early learning provider must not give or permit another 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 qualified health care professional.

(b) Medication documentation (excluding nonmedical items). An early learning provider must keep a current written medication log that includes:

(i) A child's first and last name;

(ii) The name of the medication that was given to the child;

(iii) The dose amount that was given to the child;

(iv) Notes about any side effects exhibited by the child;

(v) The date and time of each medication given or reasons that a particular medication was not given; and

(vi) The name and signature of the person that gave the medication.

(c) Medication must be stored and maintained as directed on the packaging or prescription label, including applicable refrigeration requirements. An early learning provider must comply with the following additional medication storage requirements:

(i) Medication must be inaccessible to children;

(ii) Controlled substances must be locked in a container or cabinet which is inaccessible to children;

(iii) Medication must be kept away from food in a separate, sealed container; and

(iv) External medication (designed to be applied to the outside of the body) must be stored to provide separation from internal medication (designed to be swallowed or injected) to prevent cross contamination.

(d) An early learning provider must return a child's unused medication to that child's parent or guardian. If this is not possible, a provider must follow the Food and Drug Administration (FDA) recommendations for medication disposal.

(e) An early learning provider must not accept or give to a child homemade medication, such as diaper cream or sunscreen.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0215, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0215, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0215, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0220 Bathroom space and toilet training.

(1) An early learning provider must provide at least one indoor bathroom in the licensed space that has the following:

(a) One working flush toilet.

(i) Toilets must be an appropriate height and size for enrolled children. A platform may be used to accommodate the height and size of children. Platforms must be easily cleanable and resistant to moisture and slipping.

(ii) Center early learning programs licensed after this chapter becomes effective must have one working flush toilet for every fifteen children and staff. A child in diapers does not count for purposes of toilet calculations until the child begins toilet training.

(iii) Toilets for staff may be located outside of licensed space on the premises.

(b) One working sink and faucet.

(i) Sinks and faucets must be an appropriate height and size for children. A platform may be used to accommodate the height and size of children. Platforms must be easily cleanable and resistant to moisture and slipping.

(ii) A faucet used for handwashing must provide warm running water.

(iii) Sinks and faucets must be located inside the bathroom or immediately outside the bathroom.

(iv) Sinks and faucets for staff may be outside of licensed space on the early learning premises.

(v) Water controls on bathroom sinks must be accessible for the intended user.

(vi) Bathroom sinks must not be used as a drinking source or for food preparation.

(vii) Center early learning programs must have one working sink and faucet for every fifteen children and staff.

(d) A toilet paper dispenser for each toilet that is appropriate for the height and size of children;

(e) An operable window or exhaust fan; and

(f) An easily cleanable floor.

(i) Floors must have a washable surface;

(ii) Be resistant to moisture; and

(iii) Cleaned and disinfected daily, or more often as needed.

(2) If an early learning program space is equipped with a bathtub or shower, the provider must:

(a) Only give a bath or shower to a child with consent from that child's parent or guardian;

(b) Only use the bath or shower:

(i) To clean a child after an accident, such as diarrhea or vomiting; or

(ii) During overnight care hours.

(c) Ensure the area around a bathtub or shower is resistant to slipping or equipped with a conveniently located grab bar; and

(d) Keep the bathtub or shower inaccessible to children when not in use by children (in center early learning programs only).

(3) An early learning provider must discuss toilet training procedures with that child's parent or guardian when a child is ready for training. A provider must facilitate the toilet training process by encouraging the child with:

(a) Positive reinforcement (which may not include food items);

(b) Culturally sensitive methods;

(d) A toilet training routine developed in agreement with the parent or guardian.

(4) An early learning provider may use a modified toilet seat if it is cleaned and disinfected using a safe disinfectant at least daily or more often if soiled.

(5) Toilet training equipment must be cleaned in a sink not used for food preparation, handwashing, or clean up.

(a) A family home early learning program may use a bathtub or multipurpose sink to clean toilet training equipment unless it is used for food preparation.

(b) The sink, basin, or bathtub in a family home early learning program used to clean toilet training equipment must be cleaned and disinfected after each use with a safe disinfectant.

(6) If a child is developmentally ready, and an early learning provider uses a stand-up diapering procedure, it must be done in the bathroom or a diaper changing area.

History

WSR 18-15-001, recodified as § 110-300-0220, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0220, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0221 Diaper changing areas, privacy, and disposal.

(1) Center early learning providers must have a designated diaper changing area, including stand-up diapering, for each classroom or for every age grouping of children who require diapering. Only one diaper changing area is required for family home early learning programs.

(a) Diaper changing areas must:

(i) Be separate from areas where food is stored, prepared, or served;

(ii) Have a sink with hot and cold running water, not used for food preparation and clean up;

(iii) Have a sturdy surface or mat that:

(A) Is not torn or repaired with tape;

(B) Is washable;

(D) Is large enough to prevent the area underneath the diaper changing area from being contaminated with bodily fluids.

(iv) Be on moisture resistant, washable material that horizontally or vertically surrounds and extends at least two feet from the diaper changing station and handwashing area; and

(v) Be uncluttered and not used for storage of any items not used in diapering a child.

(b) Early learning providers must not leave children unattended on the diaper changing surface or mat during the diaper changing process;

(c) Early learning providers must not use safety belts on diaper changing tables because they are neither cleanable nor safe;

(d) Early learning providers must post an easily viewable diaper changing procedure at each station and must follow each step described in the procedure; and

(e) Early learning providers must prevent the viewing of a partially or fully undressed child during diaper changes by members of the public who are not on the early learning premises. For the purpose of this subsection, "members of the public" means anyone not affiliated with the providers' early learning programs.

(2) If early learning providers use a diaper changing station, the station must:

(a) Have a handwashing sink within arm's reach of, or be readily accessible to, an early learning provider to prevent cross contamination; and

(b) Be on moisture resistant, washable material that horizontally or vertically surrounds and extends at least two feet from the diaper changing station and handwashing area; and either:

(i) A table or counter large enough to accommodate the length of a child, with a protective barrier at least three and one-half inches high on all sides from the surface the child lays on; or

(ii) A wall mounted diaper changing station that meets manufacturer guidelines and specifications in addition to the requirements of this section.

(3) If early learning providers use reusable or cloth diapers, the diapers must:

(a) Not be rinsed;

(b) Be placed in a securely sealed moisture impervious bag;

(d) Be delivered to a commercial laundry service or given to the child's parent or guardian at least daily.

(4) Early learning providers must provide a container designated for disposing of soiled diapers and diapering supplies only. The diaper disposal container must be:

(a) Hands-free and covered with a lid to prevent cross contamination;

(b) Lined with a disposable plastic trash bag; and

History

Statutory Authority: RCW 43.216.055, 43.216.065, and 43.216.250. WSR 22-16-027, § 110-300-0221, filed 7/25/22, effective 8/25/22. WSR 18-15-001, recodified as § 110-300-0221, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0221, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0225 Pets and animals.

(1) An early learning provider may have pets or other animals on the early learning program premises.

(2) If an early learning provider keeps pets or animals on the early learning program premises:

(a) The provider must have and follow a pet and animal policy; and

(b) Provide written notice to children's parents and guardians.

(3) Pets or other animals that have contact with children must:

(a) Have all required vaccinations, pursuant to local and county regulations;

(b) Show no signs of illness, disease, worms, or parasites. If these symptoms appear, the pet or animal must be removed from the licensed space until appropriately treated for the condition; and

(c) Be nonaggressive. If the pet or animal exhibits aggressive behavior, the pet or animal must be removed from the licensed space.

(4) An early learning provider must:

(a) Make reptiles and amphibians that are not part of the early learning program or activities inaccessible to enrolled children due to the risk of salmonella or other diseases;

(b) Require that chickens, ducks, turkeys, doves, pigeons, or other birds are caged, cooped, or penned outside early learning program space when children are in care, at a distance that prevents children from having direct access to the enclosures or waste;

(d) Prevent debris from spilling out of a container or cage used for pets and animals, if applicable;

(e) Not allow pets and animals in the kitchen during food preparation and ensure pets and animals do not come into contact with food, food preparation, or serving areas while food is served;

(f) Not use a sink that is used for cleaning food or utensils to clean pet supplies;

(g) Not allow animals in rooms or areas typically used by infants or toddlers (center early learning programs only); and

(h) Store pet and animal medication separate from human medication.

(5) An early learning provider must require:

(a) Animals and pets to go to the bathroom outdoors if the animals do not have a designated indoor litter area. The designated outdoor area must be inaccessible to children in care;

(b) Pet containers and cages to be cleaned and disinfected at least weekly, or more often if needed;

(d) Animal waste and litter to be disposed of as soon as possible and the area disinfected;

(e) Animal waste to be inaccessible to children;

(f) Animal waste to be disposed of in a manner that prevents children from coming into contact with the waste material;

(g) Animal waste, including fish tank water, must be disposed of in unlicensed space or toilets or custodial sinks. Toilets and custodial sink areas must be washed, rinsed, and disinfected after disposal; and

(h) Indoor and outdoor play space to be cleaned and disinfected where animal or bird waste or vomit is present. This must be done as soon as possible or prior to access by children.

History

WSR 18-15-001, recodified as § 110-300-0225, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0225, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0230 First-aid—CPR certification and supplies.

(1) Family home licensees, center directors, assistant directors, program supervisors, lead teachers, assistant teachers, and any other early learning providers counted in staff-to-child ratio, or who could potentially be counted in ratio, must have a current pediatric and adult first-aid and CPR certificate, pursuant to WAC 110-300-0106(11).

(2) An early learning provider must keep a complete first-aid kit in the licensed space, on any off-site trip, and in a vehicle used to transport children in care. A first-aid kit must:

(a) Be stored in a location that is easily accessible to staff;

(b) Be inaccessible to children;

(d) Be kept clean and sanitary;

(e) Be stored in a manner that prevents contamination; and

(f) Have sufficient supplies for the number of enrolled children and staff consistent with the early learning program's licensed capacity, or sufficient supplies for each room in the licensed space.

(3) A first-aid kit must include:

(a) Disposable nonporous protective nonlatex gloves;

(b) Adhesive bandages of various sizes;

(d) Tweezers;

(e) An elastic wrapping bandage;

(f) Sterile gauze pads;

(g) Ice packs;

(h) A disposable or mercury free thermometer that uses disposable sleeves, or is cleaned and sanitized after each use;

(i) A sling, or a large triangular bandage;

(j) Adhesive tape;

(k) A CPR barrier with a one-way valve or both an adult and pediatric CPR mask with a one-way valve;

(l) A current first-aid manual; and

(m) Hand sanitizer (for adult use only).

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-11-026, § 110-300-0230, filed 5/13/20, effective 6/13/20. WSR 18-15-001, recodified as § 110-300-0230, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0230, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0235 Safe water sources.

(1) Hot and cold running water must be directly plumbed to the early learning program premises.

(2) An early learning provider must use a Washington state certified water laboratory accredited by the department of ecology to test the program water supply for lead and copper.

(a) All fixtures used to obtain water for preparing food or infant formula, drinking, or cooking must be tested prior to licensing approval and at least once every six years;

(b) Testing must be done pursuant to current environmental protection agency standards; and

(3) If the test results are at or above the current EPA lead action level, an early learning provider must do the following within twenty-four hours:

(a) Consult with department of health for technical assistance;

(b) Close the early learning program to prevent children from using or consuming water, or supply bottled or packaged water to meet the requirements of this chapter;

(d) Notify the department of the water test results and steps taken to protect the enrolled children; and

(e) Notify the department once lead and copper levels are below the current EPA action level.

(4) If an early learning program space receives water from a private well, the well must comply with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells.

(a) Well water must be tested at least once every twelve months for E. coli bacteria and nitrates by a Washington state certified laboratory accredited by the department of ecology to analyze drinking water. To achieve desirable results the test must indicate:

(i) No presence of E. coli bacteria; and

(ii) The presence of less than ten parts per million (ppm) for nitrates. If test results for nitrates are greater than five but less than ten ppm, the water must be retested within six months.

(b) If well water tests positive for E. coli bacteria, or greater than ten ppm for nitrates, the provider must:

(i) Stop using the well water in the child care premises within twenty-four hours;

(ii) Inform the local health jurisdiction, the department of health, and the department of the positive test results; and

(iii) If directed to do so by the department, discontinue child care operations until repairs are made to the water system and water tests indicate desirable results pursuant to (a) of this subsection.

(c) If the department determines that child care operations may continue while an unsafe water system is being repaired or while the provider installs treatment, the provider must:

(i) Provide an alternate source of water, approved by the department; and

(ii) Retest until water tests indicate desirable results pursuant to (a) of this subsection.

(5) An early learning provider must notify the department within four hours of when the water connection to an early learning program space is interrupted for more than one hour, or the water source becomes contaminated.

(a) The department may require the early learning provider to temporarily close until the water connection is restored or the water source is no longer contaminated; or

(b) The early learning provider must obtain an alternative source of potable water such as bottled or packaged water. The amount of the alternative source of potable water must be sufficient to ensure compliance with the requirements of this chapter for safe drinking water, handwashing, sanitizing, dishwashing, and cooking.

History

Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0235, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0235, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201 and Governor Directive 16-06. WSR 17-10-032, § 170-300-0235, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0236 Safe drinking water.

(1) An early learning program's drinking water must:

(a) Be offered multiple times throughout the day and be readily available to children at all times;

(b) Be offered in outdoor play areas, in each classroom for centers, and in the licensed space for family homes;

(d) Not be obtained from a handwashing sink used with toileting or diapering; and

(e) Be served fresh daily or more often as needed.

(2) Drinking fountains at an early learning program must:

(a) Not be attached to handwashing sinks or disabled;

(b) Not be located in bathrooms;

(d) Be cleaned and sanitized daily, or more often as needed; and

(e) Be located above water impervious flooring.

History

WSR 18-15-001, recodified as § 110-300-0236, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0236, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0240 Clean and healthy environment.

(1) Early learning program premises and program equipment must be clean and sanitary.

(2) Hard surfaces in early learning programs including, but not limited to, floors (excluding carpet), walls, counters, bookshelves, and tables must be smooth and easily cleanable.

(a) A cleanable surface must be:

(i) Designed to be cleaned frequently and made of sealed wood, linoleum, tile, plastic, or other solid surface materials;

(ii) Moisture resistant; and

(iii) Free of chips, cracks, and tears.

(b) An early learning provider must have at least twenty-four inches of moisture resistant and cleanable material or barrier around sinks, drinking fountains, and toilets.

(c) An early learning provider must clean all surfaces before sanitizing or disinfecting. Surfaces must be cleaned with a soap and water solution or spray cleaner and rinsed. If using a spray cleaner, directions on the label must be followed.

(d) Aerosol sprays and air fresheners must not be used during child care hours.

(e) If a bleach solution is used for sanitizing or disinfecting, an early learning provider must use one that is fragrance-free and follow department of health's current guidelines for mixing bleach solutions for child care and similar environments.

(f) If an early learning provider uses a product other than bleach, including wipes, to sanitize or disinfect, the product must be:

(i) Approved by the department prior to use;

(ii) Used by trained staff only;

(iii) Registered with the EPA and have safety data sheets (SDSs) available;

(iv) Used in accordance with the manufacturer's label, which must include:

(A) Directions for use;

(B) A description of the safety precautions, procedures, and equipment that must be used for mixing the substitute product concentration, if applicable;

(C) A description of the safety precautions and procedures if the substitute product contacts skin or is inhaled, if applicable; and

(D) A description of the procedures and safety precautions for rinsing cleaned areas and cleaning equipment, if applicable.

(v) Labeled as safe to use on food surfaces if the product will be used to sanitize:

(A) Food contact surfaces; or

(B) Items such as eating utensils or toys used by the child or put into the child's mouth; and

(vi) Fragrance-free.

History

WSR 18-15-001, recodified as § 110-300-0240, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0240, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0241 Cleaning schedules.

(1) An early learning provider must develop and follow a cleaning schedule that includes:

(a) Food preparation areas, tables and chairs, high chairs, and food service counters, which must be cleaned and sanitized before and after each meal and snack with single use paper towels or one-time use wiping cloths;

(b) Eating utensils, bottles, drinking equipment, and dishes, which must be cleaned and sanitized after each use;

(i) Must be cleaned and sanitized after each use by washing and boiling the pacifier or washing the pacifier in the dishwasher; or

(ii) May be reused by an individual child if they have been rinsed after each use and stored in a device or container that prevents contamination. Both the pacifier and the storage device or container must be cleaned and sanitized daily;

(d) Appliances used to prepare food, which must be cleaned after each use and sanitized daily or more often as needed;

(e) Refrigerators, which must be cleaned and sanitized monthly or more often as needed;

(f) Freezers, which must be cleaned and sanitized quarterly or more often as needed;

(g) Toys, which must be cleaned and sanitized as follows:

(i) Infant and toddler toys must be cleaned and sanitized at least daily or more often as needed;

(ii) All other toys must be cleaned and sanitized weekly or more often as needed; and

(iii) When a toy comes into contact with a child's mouth or bodily fluids it must be removed from use until it can be cleaned and sanitized prior to reuse; and

(h) Furniture and equipment, which must be cleaned monthly or more often as needed.

(2) Machine washable clothes provided by the early learning program must be laundered as needed.

(3) Sleeping equipment must be:

(a) Cleaned and sanitized after each use if used by more than one child; or

(b) Cleaned and sanitized weekly or more often as needed if assigned to only one child.

(4) Bedding must be:

(a) Laundered and sanitized after each use if used by more than one child; or

(b) Laundered and sanitized weekly or more often as needed if assigned to only one child.

(5) Sinks that are not used for handwashing after toileting, diapering, or food preparation must be cleaned and sanitized daily or more often as needed.

(6) Toileting and diaper changing areas including, but not limited to, toilets, counters, sinks, and floors must be cleaned and disinfected daily or more often as needed.

(7) Diaper changing tables and changing pads must be cleaned and disinfected between children, even if using a nonabsorbent covering that is discarded after each use.

(8) Garbage cans and receptacles must be emptied on a daily basis and cleaned and disinfected as needed.

(9) Diaper receptacles must be emptied, cleaned, and disinfected daily or more often as needed. Contents of a diaper receptacle must be removed from the licensed space, and replaced with a new liner at least daily or more often if odor is present.

(10) Floors must be cleaned by either sweeping or vacuuming at least once per day or more often as needed. Moisture resistant flooring must be cleaned and sanitized at least once per day or more often as needed.

(11) Large area rugs or installed carpet must be cleaned at least once every six months, or when visible dirt or stains are present, using a carpet shampoo machine, steam cleaner, or other method that minimizes the exposure of children in care to pathogens and allergens.

(a) An early learning provider must not use dry shampoos or dry chemical sanitizers or disinfectants, unless approved by the department.

(b) If caring for infants, a provider must either place a safe and clean material over large rugs or carpet, or clean rugs or carpet at least once per month or more often if visible stains are present.

(12) Small area rugs must be shaken outdoors or vacuumed daily, and laundered as needed.

(13) Carpets or area rugs soiled with bodily fluids must be cleaned and disinfected with high heat or an EPA registered product. An early learning provider must limit exposure to blood and body fluids during cleanup.

(14) Children must not:

(a) Be present when carpets are cleaned or vacuumed unless the provider is spot vacuuming, the vacuum has a HEPA filter, and children are not within the immediate area; or

(b) Use or play on or near carpet areas until dry.

History

WSR 18-15-001, recodified as § 110-300-0241, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0241, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0245 Laundry and equipment.

(1) Laundry and laundry equipment at an early learning program must be inaccessible to children and separated from areas where food is prepared to prevent cross contamination.

(2) Dirty or soiled laundry must be:

(a) Kept separate from clean laundry;

(b) Cleaned with laundry soap or detergent;

(d) Sanitized:

(i) With bleach or a similar sanitizer registered by the EPA; or

(ii) By using a "sanitize" setting on a washing machine or dryer that reaches at least 140 degrees Fahrenheit.

(3) A dryer must be vented to the outside of the building or following the manufacturer's specifications.

History

WSR 18-15-001, recodified as § 110-300-0245, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0245, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0250 Private septic systems.

(1) If an early learning program is served by a private septic system, the septic system must be designed, constructed, and maintained in accordance with state and local health jurisdiction requirements.

(a) A private septic system must be inspected by a septic system maintenance service provider approved by the local health jurisdiction and monitored on a routine basis. Any deficiencies noted in an inspection report must be corrected with the necessary permits and inspections.

(b) The most recent private septic system pumping and inspection records must be kept on the licensed premises or in the program's administrative office.

(c) If an early learning provider does not have the documentation described in (b) of this subsection, the provider must obtain from the state, local health jurisdiction, or a department approved private company such documentation within six months of the date this section becomes effective.

(d) An early learning provider must notify the department and local health jurisdiction if there is a problem, concern, or malfunction with a private septic system.

(e) If a private septic system problem, concern, or malfunction interferes with the proper care of children and an approved alternative is not available, the state, local health jurisdiction, or department may require an early learning program to close until the system is inspected, repaired, and approved by the local health jurisdiction.

(2) Pursuant to WAC 110-300-0146(2), playground design must not:

(a) Interfere with access to or the operation of a private septic system, including a private septic system's drain field and tanks; or

(b) Be located or placed in a way that impacts the private septic system's drain field or tanks as determined by local officials.

History

WSR 18-15-001, recodified as § 110-300-0250, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0250, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0255 Pest control.

(1) An early learning provider must take appropriate steps to safely prevent or control pests that pose a risk to the health and safety of adults and children in and around the licensed space. Pest control steps must include:

(a) Prevention. A provider must take steps to prevent attracting pests including, but not limited to, identifying and removing food and water sources that attract pests.

(b) Inspection. Indoor and outdoor areas in and around the licensed space must be inspected for evidence of pests. A provider must document the date and location if evidence is found.

(c) Identification. Pests found in the licensed space must be identified and documented so the pest may be properly removed or exterminated.

(d) Management. A provider must document steps taken to remove or exterminate the pests if found in the licensed space.

(e) Notification. If pesticides are used, the early learning provider must notify the parents or guardians of enrolled children what pesticide will be applied and where it will be applied no less than forty-eight hours before application, unless in cases of emergency (such as a wasp nest).

(f) Application. Pesticide must be applied to early learning program space when children are not present. When pesticide is applied, center providers must comply with chapter 17.21 RCW and family home providers must comply with the pesticide manufacturer's instructions.

(2) An early learning provider must have a pest control policy that emphasizes prevention and natural, nonchemical, low-toxicity methods where pesticides or herbicides are used as a last resort (i.e., integrated pest management).

History

WSR 18-15-001, recodified as § 110-300-0255, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0255, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0260 Storage of hazardous and maintenance supplies.

(1) An early learning provider must ensure all poisonous or dangerous substances including, but not limited to, fuels, solvents, oils, laundry, dishwasher, other detergents, sanitizing products, disinfectants and items labeled "keep out of reach of children" are stored:

(a) In a location that is inaccessible to children;

(b) Separate and apart from food preparation areas, food items, and food supplies;

(d) In compliance with the manufacturer's directions (including, not storing products near heat sources).

(2) Storage areas and storage rooms must:

(a) Be inaccessible to children;

(b) Have locking doors or other methods to prevent child access;

(d) Have a designated maintenance or janitorial utility sink, or another method to dispose of wastewater (kitchen sinks must not be used for disposal of wastewater); and

(e) Be kept clean and sanitary.

(3) Center early learning program space with storage areas and rooms that contain chemicals, utility sinks, or wet mops must be ventilated to the outdoors with an exterior window or mechanical ventilation to prevent the buildup of odors, fumes, or other hazards.

(4) Family home providers must store and maintain chemicals and wet mops in a manner that minimizes the buildup of odors, fumes, or other hazards.

(5) Saws, power tools, lawn mowers, toilet plungers, toilet brushes, and other maintenance and janitorial equipment must be inaccessible to children.

History

WSR 18-15-001, recodified as § 110-300-0260, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0260, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0265 Sleep, rest, and equipment.

(1) An early learning provider must offer a supervised daily rest period for children preschool age and younger who remain in care for more than six hours per day, or who show a need for rest.

(2) An early learning provider must provide quiet activities for children who do not require rest. Quiet activities must be minimally disruptive to sleeping children.

(3) An early learning provider must communicate a child's sleep needs and patterns with that child's parent or guardian.

(4) An early learning provider must not place children directly on the floor to rest or sleep.

(5) For children not using cribs or playpens, an early learning provider must provide developmentally appropriate mats, cots, or other sleep equipment made of water resistant material that can be cleaned and sanitized.

(6) Mats, cots, and other sleep equipment used in an early learning program must be:

(a) In good condition, have no tears or holes, and have no repairs with tape;

(b) Cleaned, sanitized, and air dried at least once per week or more often as needed if used by only one child, or after each use if used by more than one child; and

(7) Floor mats designed for sleeping and mattresses must be at least one inch thick.

(8) Floor mats must be spaced apart from other floor mats, cots, and mattresses to reduce germ exposure and allow early learning providers' access to each child during sleep time as follows:

(a) There must be at least eighteen inches on each side between each floor mat, cot, or mattress; and

(b) Floor mats, cots, and mattresses must be arranged so children are head to toe, or toe to toe.

(9) Each child's bedding must:

(a) Have a clean sheet or blanket to cover the sleeping surface and a clean blanket for the child that is suitable given the child's size and room temperature;

(b) Be laundered weekly or more often if soiled, or laundered daily if used by more than one child; and

(10) An early learning provider must not allow children less than six years of age to use loft style beds or upper bunks of bunk beds.

History

WSR 18-15-001, recodified as § 110-300-0265, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0265, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0270 Overnight care.

(1) An early learning provider must be approved by the department to provide overnight care between nine o'clock at night and five o'clock in the morning when any enrolled child sleeps for three or more hours at the program.

(2) If approved by the department to provide overnight care, an early learning provider must supply every child an individual bed or other sleep equipment that:

(a) Is safe and in good working condition;

(b) Is made of moisture resistant material that can be cleaned and sanitized;

(d) Is stored so sleeping surfaces are not touching each other unless cleaned and sanitized after each use.

(3) Each child's bedding must:

(a) Have a clean sheet or blanket to cover the sleeping surface and a clean cover for the child except for infants;

(b) Be laundered weekly or more often if soiled. Bedding must be laundered daily if used by different children; and

(4) An early learning provider must:

(a) Supervise children until they are asleep, except where children demonstrate the need for privacy to change clothes and can safely do so; and

(b) Have department approval prior to using night latches, deadbolts, or security chains.

(5) An early learning provider who sleeps while children are in overnight care must:

(a) Have written permission and documentation that parents are aware that the provider is sleeping while their children are in care and have read the facilities policies and procedures for overnight care;

(b) Stay awake until all children are asleep or returning to sleep;

(d) Sleep in the same room with infants and toddlers;

(e) Be physically available and responsive, available to immediately respond to a child's needs;

(f) Have alarms to alert them if a child should leave the room;

(g) Have monitoring devices to assist in hearing and visibly checking on children in each room used for sleeping; and

(h) Be awake for the arrival and departure of each child in overnight care.

(6) An early learning provider who accepts infants for overnight care must comply with all safe sleep rules pursuant to WAC 110-300-0291 for at least the first fifteen nights a new infant is enrolled in that program. A provider may sleep while the infant sleeps during overnight care if:

(a) The provider continues to comply with WAC 110-300-0291 (1)(b), (c), (f), (g), (h), (i) and (2);

(b) Once that provider has become familiar with the sleep routines and patterns of that infant; and

History

WSR 18-15-001, recodified as § 110-300-0270, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0270, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0275 Infant and toddler care.

(1) An early learning program may care for infants if the department inspects the program space and approves care for infants:

(a) Prior to issuing the program its license; or

(b) Prior to caring for infants if the program has not previously done so.

(2) An early learning provider working directly with infants must complete the department required infant safe sleep training pursuant to WAC 110-300-0106(8).

(3) An early learning provider must not use or allow the use of wheeled baby walkers.

(4) A center early learning provider licensed to care for any infant must employ or contract with a child care health consultant to provide health consultation to support the practices of staff working with infants and to support the needs of individual infants.

(5) A center early learning provider must enter into a department approved written agreement for services with a child care health consultant.

(a) The child care health consultant must be a currently licensed registered nurse who:

(i) Has worked in pediatrics or public health in the past five years or has taken or taught classes in pediatric nursing at the college level in the past five years;

(ii) Has experience with state licensing and public health requirements; and

(iii) Attests in writing to knowledge and experience sufficient to provide service consistent with the health consultant competencies described in the most current version of Caring for Our Children.

(b) The child care health consultant must be available, or make available a designee who meets the requirements of (a) of this subsection, for consultation by phone as needed.

(6) A center early learning provider must ensure that the child care health consultant:

(a) Conducts at least one on-site visit monthly, if an infant is enrolled, during which the consultant:

(i) Observes and assesses staff knowledge of infant health, development, and safety and offers support through training, consultation, or referral;

(ii) Observes and assesses classroom health practices including, but not limited to, infection control including cleaning, sanitizing, and disinfecting, and provides technical assistance to correct any practices of concern;

(iii) Observes and assesses behavior, development, and health status of individual infants in care and makes recommendations to staff or parents or guardians including if further assessment is recommended, as requested or otherwise determined appropriate.

(b) Provides a dated, signed, written summary to the early learning provider for each visit that includes topics discussed with parents or staff, any areas of concern related to discussion, observation, assessment, or screening outcomes; and

(7) A center early learning provider must keep on-site a copy of the child care health consultant's written reports along with any notes, recommended follow up, and any actions taken to address concerns identified.

(8) If a center early learning provider is unable to independently employ or contract with a child care health consultant within thirty calendar days of enrolling an infant, the provider must contact the department for assistance. The department will assist the provider in obtaining the services of a child care health consultant or may grant a waiver until the services can be secured.

History

Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0275, filed 7/1/19, effective 8/1/19. WSR 18-15-001, recodified as § 110-300-0275, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0275, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0280 Bottle preparation.

(1) An early learning provider may allow parents to bring from home filled bottles clearly labeled with the date and infant's first and last name for daily use. Bottles must be immediately refrigerated.

(2) A bottle preparation area must:

(a) Include a sink; and

(b) Be located at least eight feet from any diaper changing tables or counters and sinks used for diaper changing; or

(c) Be physically separated from the diaper changing area by means of a barrier to prevent cross contamination. If a barrier is used, it must be:

(i) Smooth and easily cleanable;

(ii) Sealed, if made of wood;

(iii) Moisture resistant;

(iv) Extend at least twenty-four inches in height from the counter or changing surface; and

(v) Solid without cracks, breaks or separation.

(3) To prepare bottles, an early learning provider must:

(a) Clean bottles and nipples before use using warm soapy water and a bottlebrush and sanitize by boiling in hot water for one minute, or pursuant to WAC 110-300-0198;

(b) Clean and sanitize the sink used for preparing bottles;

(c) Obtain water from a sink used for bottle or food preparation only, or from another approved source, such as bottled water. Water from a handwashing or diaper changing sink may not be used for bottle preparation;

(d) Use bottles and nipples in good repair (with no cracks);

(e) Use glass or stainless steel bottles, or use plastic bottles labeled with "1," "2," "4," or "5" on the bottle. A plastic bottle must not contain the chemical bisphenol-A or phthalates;

(f) Prepare infant formula according to manufacturer's directions and never serve infant formula past the expiration date on the container;

(g) Not heat a bottle in a microwave;

(h) Warm bottles under running warm water, in a container of water, or in a bottle warmer;

(i) Keep bottle nipples covered if bottles are prepared ahead;

(j) Store prepared and unserved bottles in the refrigerator;

(k) Not allow infants or toddlers to share bottles or cups when in use; and

(l) Throw away contents of any formula bottle not fully consumed within one hour (partially consumed bottles must not be put back into the refrigerator).

History

WSR 18-15-001, recodified as § 110-300-0280, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0280, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0281 Breast milk.

(1) When a parent or guardian provides breast milk, an early learning provider must:

(a) Immediately refrigerate or freeze the breast milk;

(b) Label the breast milk container with the child's first and last name and the date received;

(d) Keep frozen breast milk for no more than thirty days upon receipt and return any unused frozen breast milk to the parent after thirty days.

(2) Frozen breast milk must be kept in the refrigerator at a temperature of 39 degrees Fahrenheit for up to twenty-four hours after thawed.

(3) Thawed breast milk that has not been served within twenty-four hours must be labeled "do not use" and returned to the parent or guardian.

(4) An early learning provider must return any unused refrigerated, not been previously frozen, bottles or containers of breast milk to the parent at the end of the child's day, or label "do not use."

(5) An early learning provider must thaw frozen breast milk in the refrigerator, under warm running water, in a container with warm water, or in a bottle warmer.

(6) An early learning provider must not thaw or heat breast milk in a microwave oven or on the stove.

(7) An early learning provider must obtain parental consent prior to feeding infant formula to an otherwise breastfed infant.

History

WSR 18-15-001, recodified as § 110-300-0281, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0281, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0285 Infant and toddler nutrition and feeding.

(1) An early learning provider must have and follow written policies on providing, preparing, and storing breast milk or infant formula and food.

(2) After consulting a parent or guardian, an early learning provider must implement a feeding plan for infants and toddlers that includes:

(a) A plan to support the needs of a breastfeeding mother and infant by:

(i) Providing an area for mothers to breastfeed their infants; and

(ii) Providing educational materials and resources to support breastfeeding mothers.

(b) Feeding infants and toddlers when hungry according to their nutritional and developmental needs, unless medically directed;

(c) Serving only breast milk or infant formula to an infant, unless the child's health care provider offers a written order stating otherwise; and

(d) When bottle feeding, an early learning provider must:

(i) Test the temperature of bottle contents before feeding to avoid scalding or burning the child's mouth;

(ii) Hold infants and, when developmentally appropriate, toddlers to make eye contact and talk to them;

(iii) Stop feeding the infant or toddler when they shows signs of fullness; and

(iv) Not allow infants or toddlers to be propped with bottles or given a bottle or cup when lying down.

(e) Transitioning a child to a cup only when developmentally appropriate;

(f) Introducing age-appropriate solid foods no sooner than four months of age, based on an infant's ability to sit with support, hold their head steady, close their lips over a spoon, and show signs of hunger and being full, unless identified in written food plan pursuant to WAC 110-300-0190 or written medical approval;

(g) Not adding food, medication, or sweeteners to the contents of a bottle unless a health care provider gives written consent;

(h) Not serving 100 percent juice or any sweetened beverages (for example, juice drinks, sports drinks, or tea) to infants less than 12 months old, unless a health care provider gives written consent, and helping prevent tooth decay by only offering juice to children older than 12 months from a cup;

(i) Increasing the texture of the food from strained, to mashed, to soft table foods as a child's development and skills progress between six and 12 months of age. Soft foods offered to older infants should be cut into pieces one-quarter inch or smaller to prevent choking;

(j) Allowing older infants or toddlers to self-feed soft foods from developmentally appropriate eating equipment;

(k) Placing infants or toddlers who can sit up on their own in high chairs or at an appropriate child-size table and chairs when feeding solid foods or liquids from a cup, and having an early learning provider sit with and observe each child eating. If high chairs are used, each high chair must:

(i) Have a base that is wider than the seat;

(ii) Have a safety device, used each time a child is seated, that prevents the child from climbing or sliding down the chair;

(iii) Be free of cracks and tears; and

(iv) Have a washable surface.

(l) Not leaving infants or toddlers more than 15 minutes in high chairs waiting for meal or snack time, and removing a child as soon as possible once they finish eating;

(m) Preventing infants or toddlers from sharing the same dish or utensil;

(n) Not serving any uneaten food from the serving container after the intended meal; and

(o) Not serving food to infants or toddlers using polystyrene foam (styrofoam) cups, bowls, or plates.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0285, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0285, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0285, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0290 Infant and toddler sleep, rest, and equipment.

(1) For infants, an early learning provider must supply a single level crib, playpen, or other developmentally appropriate sleep equipment. Providers must not use sofas, couches, or adult-sized or toddler beds for infant sleeping.

(2) For toddlers, an early learning provider must supply a single level crib, playpen, toddler bed, or other developmentally appropriate sleep equipment. An early learning provider must allow toddlers to follow their own sleep patterns.

(3) Sleep equipment not covered in WAC 110-300-0265 must:

(a) Be approved by CPSC or ASTM International Safety Standards for use by infants and toddlers;

(b) Cribs must have a certificate of compliance, sticker, or documentation from the manufacturer or importer stating the crib meets 16 C.F.R. 1219 and 1220;

(d) Have a tight-fitted sheet that is designed for the sleep equipment;

(e) Have a moisture resistant and easily cleaned and sanitized mattress, if applicable. The mattress must be free of tears or holes and not repaired with tape;

(f) The sheet must be laundered at least weekly or more often, such as between uses by different children or if soiled;

(g) Cribs and playpens arranged side by side must be spaced at least thirty inches apart; and

(h) Cribs and playpens placed end to end must have a moisture resistant and easily cleanable solid barrier if spaced closer than thirty inches.

(4) An early learning provider must immediately remove sleeping children from car seats, swings, or similar equipment not designed for sleep unless doing so would put another enrolled child at risk.

(5) An early learning provider must consult with a child's parent or guardian before that child is transitioned from infant sleeping equipment to other sleep equipment.

(6) An early learning provider must transition children who are able to climb out of their sleeping equipment to developmentally appropriate sleep equipment. When parents do not agree with transitioning, the provider and parent will cocreate a transition plan.

History

WSR 18-15-001, recodified as § 110-300-0290, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0290, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0291 Infant safe sleep practices.

(1) An early learning provider must follow safe infant sleep practices when infants are napping or sleeping by following the current standard of American Academy of Pediatrics concerning safe sleep practices including SIDS/SUIDS risk reduction, including:

(a) Actively supervising infants by visibly checking every 15 minutes and being within sight and hearing range, including when an infant goes to sleep, is sleeping, or is waking up;

(b) Placing an infant to sleep on their back or following the current standard of American Academy of Pediatrics. If an infant turns over while sleeping, the provider must return the infant to their back until the infant is able to independently roll from back to front and front to back;

(c) Not using a sleep positioning device unless directed to do so by an infant's health care provider. The directive must be in writing and kept in the infant's file;

(d) Sufficiently lighting the room in which the infant is sleeping to observe skin color;

(e) Monitoring breathing patterns of an infant;

(f) Allowing infants to follow their own sleep patterns;

(g) Not allowing blankets, stuffed toys, pillows, crib bumpers, and similar items inside a crib, bassinet, or other equipment if occupied by a resting or sleeping infant;

(h) Not allowing a blanket or any other item to cover or drape over an occupied crib, bassinet, or other equipment where infants commonly sleep;

(i) Not allowing bedding or clothing to cover any portion of an infant's head or face while sleeping, and readjusting these items when necessary; and

(j) Preventing infants from getting too warm while sleeping, which may be exhibited by indicators that include, but are not limited to, sweating; flushed, pale, or hot and dry skin, warm to the touch; a sudden rise in temperature; vomiting; refusing to drink, a depressed fontanelle; or irritability.

(2) An early learning provider who receives notice of a safe sleep violation must:

(a) Post the notice in the licensed space for two weeks or until the violation is corrected, whichever is longer, pursuant to WAC 110-300-0505; and

(b) Within five business days of receiving notice of the violation, provide all parents and guardians of enrolled children with:

(i) A letter describing the safe sleep violation; and

(ii) Written information on safe sleep practices for infants.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0291, filed 9/13/24, effective 10/14/24. Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0291, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0291, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, and 43.215.201. WSR 17-10-033, § 170-300-0291, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0295 Infant and toddler programs and activities.

(1) An early learning provider must support each infant and toddler's culture, language, and family.

(2) An early learning provider must ensure an adequate supply of age and developmentally appropriate program materials and equipment for infants and toddlers. Materials and equipment must meet individual, developmental, and cultural needs of children in care, and must be:

(a) Clean and washable or disposable;

(b) Nonpoisonous, free of toxins, and meet ASTM D-4236 labeling requirements for chronic health hazards;

(d) Safe and in good working condition;

(e) Child size;

(f) Accommodating to a range of abilities and special needs of enrolled children, if applicable;

(g) Accessible for children to find, use, and return independently; and

(h) Removed from the early learning premises as soon as a provider becomes aware an item has been recalled by CPSC.

History

WSR 18-15-001, recodified as § 110-300-0295, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0295, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0296 Infant and toddler development.

(1) An early learning provider must expose infants and toddlers to a developmentally appropriate curriculum.

(2) Developmentally appropriate curriculum may include, but is not limited to:

(a) Developing infant and toddler language and communication by:

(i) Talking and listening to children, encouraging soft infant sounds, naming objects, feelings, and desires, and describing actions;

(ii) Giving individual attention to children when needed;

(iii) Playing and reading with children;

(iv) Mirroring similar infant sounds and sharing a child's focus of attention;

(v) Communicating throughout the day and during feeding, changing, and cuddle times; and

(vi) Providing materials and equipment that promote language development and communication such as soft books, interactive storybook reading, rhymes and songs, and finger puppets.

(b) Developing infant and toddler physical and cognitive abilities by:

(i) Allowing each infant actively supervised tummy time throughout the day when the infant is awake;

(ii) Providing infants and toddlers freedom to explore and learn on their own on the floor;

(iii) Providing infants and toddlers access to active outdoor playtime. An early learning provider must enforce sun safety precautions for infants younger than six months old by keeping them out of the direct sunlight and limiting sun exposure when ultraviolet rays are strongest (typically from 10:00 a.m. to 2:00 p.m.); and

(iv) Encouraging infants and toddlers to play, crawl, pull up, and walk by using materials and equipment that promotes:

(A) Physical and cognitive activities, for example rattles, grasping and reaching toys, busy boxes, nesting cups, small push and pull toys, riding toys, balls, squeezable toys, books, dolls, press-together blocks, and limited use of equipment such as bouncers, swings, or boppies; and

(B) Spatial and numeracy understanding, for example counting toys, soft blocks and toys with different sizes such as measuring cups or spoons, and toys with different shapes and colors to help introduce sorting and categorization.

(i) Providing social contact with infants and toddlers in addition to time spent feeding, diapering and bathing by playing with children, naming and acknowledging emotions, and encouraging peer interaction;

(ii) Immediately investigating cries or other signs of distress;

(iii) Providing comfort to an upset or hurt child;

(iv) Positively responding to a child's verbal and nonverbal cues;

(v) Intervening during negative peer interactions such as when a child grabs other children's toys, pulls hair, or bites;

(vi) Providing physical stimulation through holding, cuddling, rocking, talking, singing, playing, carrying, and changing positions; and

(vii) Providing materials and equipment that promote social and emotional activities such as pictures of children and adults exhibiting different emotions, pictures of infants and family members, dolls and soft toys, rattles, music, and dancing scarves.

History

WSR 18-15-001, recodified as § 110-300-0296, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0296, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0300 Individual care plan.

(1) An early learning provider must develop an individual care plan for each child with special needs and must notify the department when a child with special needs is enrolled or identified in the early learning program. Plans and documentation required under this section must:

(a) Meet the requirements of this section;

(b) Be available for department review;

(c) Have written permission from a child's parent or guardian stating that a visiting health professional may provide services to the child at the early learning program, if applicable;

(d) Have verification that early learning program staff involved with a particular child has been trained on implementing the individual care plan for that child, if applicable;

(e) Be updated annually or when there is a change in the child's special needs; and

(f) Be kept in the child's file.

(2) The individual care plan must be signed by the parent or guardian and may be developed using a department provided template.

(a) The individual care plan must contain:

(i) The child's diagnosis, if known;

(ii) Contact information for the primary health care provider or other relevant specialist;

(iii) A list of medications to be administered at scheduled times, or during an emergency along with descriptions of symptoms that would trigger emergency medication;

(iv) Directions on how to administer medication;

(v) Allergies;

(vi) Food allergy and dietary needs, pursuant to WAC 110-300-0186;

(vii) Activity, behavioral, or environmental modifications for the child;

(viii) Known symptoms and triggers;

(ix) Emergency response plans and what procedures to perform; and

(x) Suggested special skills training, and education for early learning program staff, including specific pediatric first aid and CPR for special health care needs.

(b) An early learning provider must have supporting documentation of the child's special needs provided by the child's licensed or certified:

(i) Physician or physician's assistant;

(ii) Mental health professional;

(iii) Education professional;

(iv) Social worker with a bachelor's degree or higher with a specialization in the individual child's needs; or

(v) Registered nurse or advanced registered nurse practitioner.

(3) An early learning provider's written plan and documentation for accommodations must be informed by any existing:

(a) Individual education plan (IEP);

(b) Individual health plan (IHP);

(d) Individualized family service plan (IFSP).

History

WSR 18-15-001, recodified as § 110-300-0300, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0300, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0305 Curriculum philosophy and planning.

(1) An early learning provider must have a written curriculum philosophy that describes the program of planned daily activities related to early childhood or child development.

(2) The curriculum philosophy must address all age groups being served, be informed by the Washington state early learning and development guidelines, and may include:

(a) How children develop emotionally, socially, cognitively, and physically;

(b) What early learning looks like or areas of focus for each age group being served;

(d) How to guide learning and social interactions;

(e) The importance of play to a child's learning process; and

(f) For infants and toddlers, the importance of developing consistent, nurturing relationships with caregivers as a component of learning.

(3) Staff must be trained on the program's curriculum philosophy.

(4) A lead teacher or family home early learning provider must be given regularly scheduled time to plan and develop curriculum and activities. Planning may be done during rest time but all supervision requirements pursuant to WAC 110-300-0345 must be met.

History

WSR 18-15-001, recodified as § 110-300-0305, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0305, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0310 Concept development and feedback quality.

(1) An early learning provider must facilitate activities to support child learning and understanding.

(2) An early learning provider may facilitate child learning and understanding through a variety of techniques such as:

(a) Using a variety of teaching strategies (different techniques, curricula, or styles) and materials to address different learning styles, abilities, developmental levels, and temperament;

(b) Helping children enter into and sustain play;

(d) Providing opportunities for children's creativity;

(e) Linking concepts and activities to one another and to the children's lives and interests;

(f) Noticing and responding to teachable moments;

(g) Clarifying and expanding children's understanding;

(h) Describing and discussing children's learning processes;

(i) Encouraging children's efforts and persistence;

(j) Showing tolerance for mistakes;

(k) Using diverse vocabulary;

(l) Leading discussions and activities;

(m) Providing materials during the day, including daily routines such as meals and transitions, to encourage communication in English and children's home languages when possible; and

(n) Use scaffolding methods to gradually move children toward stronger understanding and greater independence in the learning process.

History

WSR 18-15-001, recodified as § 110-300-0310, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0310, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0315 Language modeling and reasoning.

(1) An early learning provider must be aware of and responsive to children's developmental, linguistic, cultural, and academic needs.

(2) An early learning provider must be aware of and responsive to children's needs by engaging in activities such as:

(a) Asking developmentally appropriate questions for the age group and allow children to answer without interruption from the provider;

(b) Circulating among the children during free choice activities and talking with children about what they are doing;

(i) Self-talk: When the provider talks about what they are doing, seeing, eating, touching, or thinking as they are involved in that activity;

(ii) Parallel-talk: When the provider talks about what the child is doing, seeing, eating, or touching as the child is engaging in those activities; or

(iii) Language expansion: When the provider adds detail or new words to build on ideas that children are expressing.

(d) An early learning provider working with preschool and school-age children must use language to develop and encourage reasoning skills by using techniques such as:

(i) Talking about logical relationships or concepts during the day including, but not limited to, the daily schedule, the differences and similarities between objects, or people in the classroom;

(ii) Introducing concepts using guiding questions that encourage children to figure out cause and effect relationships;

(iii) Providing opportunities for reading and writing activities; and

(iv) Asking open ended questions to help children improve skills and acquire knowledge.

(e) An early learning provider working with non-English speaking children must encourage language development and acquisition by using techniques such as:

(i) Using words in various languages to talk about the routines;

(ii) Reading books out loud or using audio books; and

(iii) Playing games in different languages.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0315, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0315, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0315, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0320 Facilitating child interests, learning, perspective, and productivity.

(1) An early learning provider must work to maximize children's interests, engagement with developmentally and culturally responsive activities, and ability to learn from play.

(2) An early learning provider must maximize children's interests, engagement, and abilities by using techniques such as:

(a) Maximizing learning time with learning materials and products, limiting disruptions during activities, and offering additional choices when activities are completed;

(b) Giving clear instructions and directions; and

(c) Making opportunities for children to learn during transitions by clearly communicating expectations and keeping transitions to a duration that is developmentally appropriate.

(3) An early learning provider must offer developmentally and culturally responsive activities that offer a range of auditory, visual, and movement opportunities by using techniques such as:

(a) Encourage child engagement;

(b) Promote each child's self-help and social skills;

(d) Allow choice, exploration, and experimentation;

(e) Promote active and play-based learning experiences;

(f) Allow children freedom to move during activities;

(g) Ensure child expression;

(h) Utilize interesting and creative materials;

(i) Offer hands-on opportunities for children;

(j) Provide opportunity for children to direct their own learning and problem solving rather than teacher-directed activities; and

(k) Orient and guide children toward learning objectives.

History

WSR 18-15-001, recodified as § 110-300-0320, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0320, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0325 Creating a climate for healthy child development.

(1) When communicating or interacting with children, an early learning provider must maintain a climate for healthy, culturally responsive child development such as:

(a) Using a calm and respectful tone of voice;

(b) Using positive language to explain what children can do and give descriptive feedback;

(c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group;

(d) Greeting children upon arrival and departure at the early learning program;

(e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child's mood;

(f) Using physical proximity in a culturally responsive way to speak to children at their eye level and with warm physical contact including, but not limited to, gently touching a hand or shoulder, sitting next to a child, appropriately holding younger children close while communicating;

(g) Validating children's feelings and show tolerance for mistakes;

(h) Being responsive and listening to children's requests and questions, encouraging children to share experiences, ideas, and feelings;

(i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories;

(j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings;

(k) Representing the diversity found in the early learning program and society, including gender, age, language, and abilities, while being respectful of cultural traditions, values, religion and beliefs of enrolled families; and

(l) Interacting with staff and other adults in a positive, respectful manner.

(2) An early learning provider must encourage positive interactions between and among children with techniques such as:

(a) Giving children several chances a day to interact with each other while playing or completing routine tasks;

(b) Modeling social skills;

(d) Helping children understand feelings of others; and

(e) Including children with special needs to play with others.

History

WSR 18-15-001, recodified as § 110-300-0325, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0325, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0330 Positive relationships and child guidance.

(1) An early learning provider must work to maintain positive relationships with children by using consistent guidance techniques to help children learn. Guidance techniques must adapt an early learning program's environment, routines, and activities to a child's strengths, developmental level, abilities, culture, community, and relate to the child's behavior.

(2) Guidance techniques may include:

(a) Coaching behavior;

(b) Modeling and teaching social skills such as taking turns, cooperation, waiting, self-control, respect for the rights of others, treating others kindly, and conflict resolution;

(d) Distracting;

(e) Redirecting or helping a child change their focus to something appropriate to achieve their goal;

(f) Planning ahead to prevent problems and letting children know what events will happen next;

(g) Explaining consistent, clear rules and involving children in defining simple, clear classroom limits;

(h) Involving children in solving problems; and

(i) Explaining to children the natural and logical consequence related to the child's behavior in a reasonable and developmentally appropriate manner.

History

WSR 18-15-001, recodified as § 110-300-0330, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0330, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0331 Prohibited behavior and discipline, and physical separation of children.

(1) An early learning provider, staff member, or household member is prohibited from using the following behaviors and discipline of children:

(a) Profanity, obscene language, "put downs," or cultural or racial slurs;

(b) Angry or hostile interactions;

(c) Threats of physical harm or inappropriate discipline such as, but not limited to, spanking, biting, jerking, kicking, hitting, slapping, grabbing, shaking, pulling hair, pushing, shoving, throwing a child, or inflicting pain or humiliation as a punishment;

(d) Intimidation, gestures, or verbal abuse including sarcasm, name calling, shaming, humiliation, teasing, derogatory remarks about a child or the child's family;

(e) Emotional abuse including victimizing, bullying, rejecting, terrorizing, extensive ignoring, or corrupting a child;

(f) Sexual abuse, pursuant to RCW 26.44.020;

(g) Preventing a child from or punishing a child for exercising religious rights;

(h) Restricting a child's breathing;

(i) Binding or restricting a child's movement unless permitted under WAC 110-300-0335;

(j) Taping a child's nose, mouth, or other body part;

(k) Depriving a child of sleep, food, clothing, shelter, physical activity, first aid, or regular or emergency medical or dental care;

(l) Forcing a child to ingest something as punishment such as hot sauce or soap;

(m) Interfering with a child's ability to take care of their own hygiene and toileting needs;

(n) Using toilet learning or training methods that punish, demean, or humiliate a child;

(o) Withholding hygiene care, toileting care, or diaper changing from any child unable to provide such care for themselves;

(p) Exposing a child to extreme temperatures as punishment;

(q) Demanding excessive physical exercise or strenuous postures. Excessive physical exercise includes, but is not limited to, running laps around the yard until overly tired, an extensive number of push-ups, having a child rest more than the child's development requires, standing on one foot for an uncomfortable amount of time, or holding out one's arms until tired or painful;

(r) Placing the separated child in a closet, bathroom, locked room, outside, or in an unlicensed space; and

(s) Using high chairs, car seats, or other confining space or equipment to punish a child or restrict movement.

(2) An early learning provider must supervise to protect children from the harmful acts of other children. A provider must immediately intervene when they become aware that a child or children are teasing, fighting, bullying, intimidating, or becoming physically or sexually aggressive.

(3) An early learning provider may separate a preschool age or school age child from other children when that child needs to regain control of themself.

(a) During separation time, the child must remain under the appropriate level of supervision of a licensee, center director, assistant director, program supervisor, lead teacher or an assistant teacher.

(b) Separation time should be minimized and appropriate to the needs of the individual child.

(4) If a child is separated from other children, an early learning provider must:

(a) Consider the child's developmental level, language skills, individual and special needs, and ability to understand the consequences of their actions; and

(b) Communicate to the child the reason for being separated from the other children.

(5) If an early learning provider follows all strategies in this section, and a child continues to behave in an unsafe manner, only a licensee, center director, assistant director, program supervisor, lead teacher, or an assistant teacher may physically separate the child to a less stimulating environment. Staff must remain calm and use a calm voice when directing or separating the child. Physical separation of a child is determined by that child's ability to walk:

(a) If the child is willing and able to walk, staff may hold the child's hand and walk the child away from the situation.

(b) If the child is not willing or able to walk, staff may pick the child up and separate the child to a quiet place where the child cannot hurt themselves or others.

History

Statutory Authority: Chapter 42.56 RCW, RCW 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 25-02-097, s 110-300-0331, filed 12/30/24, effective 1/30/25. WSR 18-15-001, recodified as § 110-300-0331, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0331, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0335 Physical restraint.

(1) An early learning provider must have written physical restraint protocols pursuant to WAC 110-300-0490, and implement such protocols only when appropriate and after complying with all requirements of WAC 110-300-0330 and 110-300-0331.

(2) Physical restraint must only be used if a child's safety or the safety of others is threatened and must be:

(a) Limited to holding a child as gently as possible to accomplish restraint;

(b) Limited to the minimum amount of time necessary to control the situation; and

(3) No person may use bonds, ties, blankets, straps, car seats, high chairs, activity saucers, or heavy weights (including an adult sitting on a child) to physically restrain children.

(4) Licensees, center directors, assistant directors, program supervisors, lead teachers, or trained staff must remove themselves from a situation if they sense a loss of their own self-control and concern for the child when using a restraint technique if another early learning provider is present. An early learning provider must intervene when the provider observes another staff member or volunteer using inappropriate restraint techniques.

(5) If physical restraint is used, staff must:

(a) Report the use of physical restraint, pursuant to WAC 110-300-0475 (2)(f);

(b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate;

(c) Document the incident in the child's file, including the date, time, early learning program staff involved, duration, and what happened before, during, and after the child was restrained;

(d) Develop a written plan with input from the child's primary care or mental health provider, and the parents or guardians, to address underlying issues and reduce need for further physical restraint if:

(i) Physical restraint has been used more than once; and

(ii) A plan is not already a part of the child's individual care plan.

(e) Notify the department when a written plan has been developed.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0335, filed 7/12/21, effective 8/12/21. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0335, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0335, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0335, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0340 Expulsion.

(1) To promote consistent care and maximize opportunities for child development and learning, an early learning provider must develop and follow expulsion policies and practices, pursuant to WAC 110-300-0486.

(2) An early learning provider may expel a child only if:

(a) The child exhibits behavior that presents a serious safety concern for that child or others; and

(b) The program is not able to reduce or eliminate the safety concern through reasonable modifications.

(3) If a child is expelled, an early learning provider must:

(a) Review the program's expulsion policy with the parent or guardian of the child;

(b) Provide a record to the parent or guardian about the expulsion and the steps that were taken to avoid expulsion. The record must include the date, time, early learning program staff involved, and details of each incident that led to expulsion; and

(c) Provide information to the parent or guardian of the child that includes, but is not limited to, community-based resources that may benefit the child.

(4) The early learning provider must report to the department when children are expelled. The information must include:

(a) Child demographic data including, but not limited to, the age, race, ethnicity, and gender of the child;

(b) The reason the child was expelled; and

History

WSR 18-15-001, recodified as § 110-300-0340, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0340, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0345 Supervising children.

(1) An early learning provider must only allow the following persons to have unsupervised access to a child in care:

(a) That child's own parent or guardian;

(b) Licensees or early learning program staff authorized by the department in chapter 110-06 WAC;

(c) A government representative including an emergency responder who has specific and verifiable authority for access, supported by documentation; and

(d) A person authorized in writing or over the phone by that child's parent such as a family member, family friend, or the child's therapist or health care provider.

(2) An early learning provider must meet capacity, group size, mixed age grouping, and staff-to-child ratios while children are in care. This includes, but is not limited to:

(a) Indoor and outdoor play activities;

(b) Off-site activities;

(d) Meal times;

(e) Rest periods;

(f) Evening or overnight care; and

(g) When children are on different floor levels of the early learning program.

(3) An early learning provider must supervise children in care by:

(a) Scanning the environment looking and listening for both verbal and nonverbal cues to anticipate problems and plan accordingly;

(b) Visibly checking children on many occasions with little time in between;

(d) Attending to children and being aware of what children are doing at all times;

(e) Being available and able to promptly assist or redirect a child as necessary; and

(f) Considering the following when deciding whether increased supervision is needed:

(i) Ages of children;

(ii) Individual differences and abilities of children;

(iii) Layout of the indoor and outdoor licensed space and play area;

(iv) The risk associated with the activities children are engaged in; and

(v) Any nearby hazards including those in the licensed or unlicensed space.

(4) An early learning program staff member may undertake other activities for a temporary time period when not required to be providing active supervision required under subsection (5)(c) of this section. Such activities include, but are not limited to, cleaning up after an activity or preparing items for a new activity. This early learning staff member must remain in visual or auditory range, and be available and able to respond if needed.

(5) An early learning provider must:

(a) Not use devices such as a baby monitors, video monitors, or mirrors in place of supervision, unless used pursuant to WAC 110-300-0270(5);

(b) Be able to hear when doors in the immediate area are opened to prevent children from leaving unsupervised;

(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 safe route to access an outdoor play area not immediately adjacent to the early learning program;

(v) Engage in planned activities in the kitchen;

(vi) Ride on public transportation;

(vii) Engage in outdoor play; and

(viii) During field trips.

(d) Ensure no infant or child is left unattended during:

(i) Diapering;

(ii) Bottle feeding; or

(iii) Tummy time.

(e) Provide developmentally appropriate supervision to children while bathing.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0345, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0345, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0345, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0350 Supervising children during water activities.

(1) During water activities, an early learning provider must meet all supervision requirements of this section and WAC 110-300-0345.

(2) During water activities, an early learning provider must:

(a) Ensure a one-to-one (1:1) staff-to-child ratio for infants;

(b) Hold or have continuous touch of infants, nonambulatory toddlers, and children with special needs as required; and

(3) An early learning provider must have written permission for water activities from each child's parent or guardian.

(4) For water activities on or off the early learning program premises, where the water is more than twenty-four inches deep, an early learning provider must ensure:

(a) A certified lifeguard is present and on duty; and

(b) At least one additional staff member than would otherwise be required is present to help actively supervise if the children are preschool age or older.

(5) An early learning provider must have life-saving equipment readily accessible during water activities if a pool is six feet or more in any direction and two feet or more in depth. Life-saving equipment may include a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that will not conduct electricity.

(6) If an early learning provider takes children off-site to an area with an accessible body of water more than four inches deep (for example, a park with a lake or stream) but children are not engaging in a water activity, there must be:

(a) At least one more staff person than required in the staff-to-child ratio; and

(b) At least one attending staff person must be able to swim.

History

WSR 18-15-001, recodified as § 110-300-0350, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0350, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0354 Indoor early learning program space capacity.

(1) To define capacity, licensed indoor early learning program space must have a minimum of thirty-five square feet per child in attendance and further comply with the requirements of this chapter.

(a) Center early learning program space must provide fifteen additional square feet for each infant or toddler using a crib or playpen if the crib or playpen is located or placed in the sleeping or play area.

(b) Floor space under tables, desks, chairs, and other equipment used as part of children's activities must be included in the overall capacity.

(c) Office or kitchen space that is inaccessible to children and not intended for their use must not be included in the overall capacity.

(d) Napping areas may be used as early learning program space if mats and cots are removed when not in use and children have free access to the area.

(2) The following indoor space must not be counted in the overall capacity:

(a) Unlicensed space;

(b) Hallway space that is used for emergency evacuation or is not approved to be used for program activities;

(c) Bathrooms and diaper changing areas (including twenty-four inches surrounding diaper changing areas and handwashing sink, unless the diaper changing area has a two foot high barrier);

(d) Laundry areas;

(e) Closets;

(f) Stairways; and

(g) Floor space occupied by shelves, built-in cabinets, file cabinets, desks, or other office equipment not intended to be accessible to children.

(3) A large, licensed indoor gross motor activity space may be used to supplement the requirements of outdoor program space, pursuant to WAC 110-300-0145, but must not be counted in the overall capacity if:

(a) The space provides seventy-five square feet per child for the maximum number of children listed on the license or the provider rotates groups of children; and

(b) The space is safe and appropriate for activities otherwise performed in an outdoor play space.

History

WSR 18-15-001, recodified as § 110-300-0354, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0354, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0355 Family home capacity, ratio, and group size.

(1) The department issues initial or nonexpiring family home licenses for up to 12 children. The department will not issue a family license to care for more children than permitted by the rules in this chapter but may issue a license to care for fewer than the maximum allowable enrolled children. Family home licenses state:

(a) The maximum number of children that may be in care at any one time (total capacity); and

(b) The age range of children allowed in care.

(2) The department determines capacity for a family home early learning program after considering:

(a) Square footage of the early learning program;

(b) An early learning provider's years of experience in licensed child care (experience must be from working as a center director, program supervisor, lead teacher, family home licensee, or another similar role in a child care setting);

(d) The age range requested or approved by the department;

(e) The amount of developmentally appropriate equipment, materials, and toys an early learning program can provide children to use;

(f) A provider's licensing history with the department; and

(g) The number of qualified staff available to meet staff-to-child ratios.

(3) A family home licensee must not exceed the total capacity or age range stated on the child care license at any time except as provided in this section and WAC 110-300-0358. All children on the premises, signed in to child care, on an off-site trip from the early learning program, or being transported by the early learning program staff are counted in capacity including the children of staff.

(a) A family home licensee must receive department approval to care for a child with special needs, pursuant to WAC 110-300-0300, if the child is older than the maximum age identified on the license. A child with documented special needs may be in care up to age 19 and must be counted in both capacity and staff-to-child ratio.

(b) A child with special needs who requires individualized supervision pursuant to WAC 110-300-0300 counts towards capacity but does not count in the staff-to-child ratio.

(c) A child who turns 13 years old permitted by chapter 110-15 WAC and who must be counted in both capacity and staff-to-child ratio.

(4) Any child birth through 12 years old on the premises, signed in to the child care, on an off-site trip from the early learning program, or being transported counts in capacity. This includes a family home licensee's own children, children of staff, or visiting children not accompanied or supervised by an adult.

(5) A family home licensee must provide qualified staff to fulfill the staffing requirements and staff-to-child ratios during operating hours, including off-site activities and when transporting children in care.

(6) A family home licensee must provide additional staff, pursuant to WAC 110-300-0350, when children are participating in water activities or activities near water.

(7) When applying for an initial or nonexpiring family home license, a family home licensee with less than one year of experience may request from the department a capacity of up to six children, birth through 12 years of age.

(a) A maximum of three children may be under two years of age.

(b) If there are three children under two years of age, one of these children must be able to walk independently.

(8) When applying for an initial or nonexpiring family home license, a family home licensee with at least one year but less than two years of experience and:

(a) Working alone may request a capacity of up to eight children ages two through 12 years of age, with a maximum of four children under three years of age.

(b) Working with a qualified assistant may request a capacity of up to nine children birth through 12 years of age with a maximum of four children under two years of age.

(9) When applying for an initial or nonexpiring family home license, a family home licensee with at least two years' experience and:

(a) Working alone may request a capacity of up to 10 children ages three years through 12 years of age;

(b) Working alone may request a capacity of up to 12 children for school age children only; and

(c) Working with a qualified assistant, may request a capacity of up to 12 children birth through 12 years of age with a maximum of six children under two years of age with two children being able to walk independently.

(10) A family home licensee, with two years of experience, may request a license for birth to 24 months of age with a maximum group size of eight when:

(a) There are two staff present with the group consisting of one staff who meets the qualification of the licensee and another who meets the qualifications to be counted in ratio;

(b) The staff-to-child ratio is 1:4;

(d) A second staff member is present whenever:

(i) More than two children in care do not walk independently; or

(ii) When there are more than four children in care.

(11) The staff-to-child ratio is determined by the ages and number of children in care. Two early learning program staff are required anytime:

(a) More than six children are in care and any child in care is under two years of age;

(b) More than eight children are in care and any child in care is under three years of age; or

History

Statutory Authority: RCW 43.216.692. WSR 22-03-016, § 110-300-0355, filed 1/7/22, effective 2/7/22. WSR 18-15-001, recodified as § 110-300-0355, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0355, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0356 Center capacity, ratio, and group size.

(1) The department issues initial or nonexpiring center early learning provider licenses. The department will not issue a center license to care for more children than permitted by the rules in this chapter. The department may issue a license to care for fewer than the maximum allowable enrolled children. For each center, licenses state:

(a) The maximum number of children that may be in care at any one time (total capacity);

(b) The licensed capacity for each space within the center licensed for use by children; and

(2) The department determines capacity for a center early learning program after considering:

(a) Square footage of the early learning program;

(b) A provider's education and ongoing training;

(d) The amount of developmentally appropriate equipment, materials, and toys an early learning program can provide children to use;

(e) A provider's licensing history with the department; and

(f) The number of qualified staff available to meet staff-to-child ratios.

(3) A center licensee must not exceed the total capacity or age range stated on the child care license at any time except as provided in this section. All children on the premises, signed in to child care, on an off-site trip from the early learning program, or being transported by the early learning program staff are counted in capacity including the children of staff.

(a) A center licensee must receive department approval to care for a child with special needs, pursuant to WAC 110-300-0300, if the child is older than the maximum age identified on the license. A child with documented special needs may be in care up to age nineteen and must be counted in capacity and staff-to-child ratio.

(b) A child with special needs who requires individualized supervision pursuant to WAC 110-300-0300 does not count in the staff-to-child ratio.

(c) A child who turns thirteen years old permitted by chapter 110-15 WAC must be counted in both capacity and staff-to-child ratio.

(4) A center licensee must provide qualified staff to fulfill staffing requirements, staff-to-child ratios, group size, and mixed age grouping during operating hours, including off-site activities or when transporting children in care.

(5) In each classroom or well-defined space, the maximum group size and ratio of center staff members to children, including children related to staff or the licensee, must be:

(a) Infants (birth through eleven months of age) with a:

(i) Maximum group size of eight with a ratio of one staff to four children (1:4);

(ii) Maximum group size of nine with a ratio of 1:3.

(b) Toddlers (twelve through twenty-nine months of age) with a:

(i) Maximum group size of fourteen with a ratio of 1:7;

(ii) Maximum group size of fifteen with a ratio of 1:5.

(c) Preschoolers (thirty months through six years of age who are not attending kindergarten or elementary school) with a maximum group size of twenty with a ratio of 1:10; and

(d) School-age children (five years through twelve years of age who are enrolled in or attending kindergarten or elementary school) with a maximum group size of thirty with a ratio of 1:15.

(6) A center licensee may combine children of different age groups for periods of no more than the first two hours of the day or the last two hours of the day, not to exceed two hours in any given day, provided the staff-to-child ratio and group size designated for the youngest child in the mixed group are maintained.

(7) Children at least five years old and enrolled in or attending kindergarten may be a part of the preschool or school-age group if developmentally appropriate and the child's parent or guardian agrees to this placement.

(8) A center licensee must conduct activities for each group of children in a specific room or other defined space within a larger area.

(9) A center licensee must provide additional staff as described in WAC 110-300-0350 when children are participating in water activities or activities near water.

(10) When only one center staff is required to care for the only group of children on-site for up to an hour at the beginning or end of the day, the center licensee must ensure:

(a) That staff member provides an appropriate level of supervision at all times to the children in care;

(b) That staff member is free of all other duties while providing care to children; and

(c) A second individual with a cleared background check is on-site and readily available to respond if needed, or the department approves an alternate plan.

History

WSR 18-15-001, recodified as § 110-300-0356, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0356, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0357 Center mixed age group capacity, ratio, and group size.

(1) A center early learning program must do the following to mix age groups of children in care (in addition to any specific requirements of this section):

(a) Meet the square footage and staff-to-child ratio requirements for the youngest child present in the group;

(b) Meet the health, safety, and developmental needs for all ages of children in the mixed group; and

(2) A center early learning program must do the following to mix groups of children birth to thirty-six months old with a maximum group size of eight children:

(a) Have at least two staff present with the group, consisting of one lead teacher and one other staff member qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:4.

(3) A center early learning program must do the following to mix groups of children birth to thirty-six months old with a maximum group size of nine children:

(a) Have at least three staff present with the group, consisting of one lead teacher and two other staff members qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:3.

(4) A center early learning program must do the following to mix groups of children twelve to thirty-six months old:

(a) Have at least two staff present with the group, consisting of one lead teacher and one other staff member qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:7 with a maximum group size of fourteen children.

(5) A center early learning program must do the following to mix groups of children twelve to thirty-six months old:

(a) Have at least three staff present with the group, consisting of one lead teacher and two other staff members qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:5 with a maximum group size of fifteen children.

(6) A center early learning program must do the following to mix groups of children between thirty-six months old through kindergarten with a maximum group size of twenty children:

(a) Have at least two staff present with the group, consisting of one lead teacher and one other staff member qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:10.

(7) A center early learning program must do the following to mix groups of children between thirty-six months old through kindergarten with a maximum group size of twenty-six children:

(a) Have at least three staff present with the group, consisting of one lead teacher and two other staff members qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:10.

(8) A center early learning program must do the following to mix groups of children four and one-half to nine years old with a maximum group size of twenty children:

(a) Have at least two staff present with the group, consisting of one lead teacher and one other staff member qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:10.

(9) A center early learning program must do the following to mix groups of children four and one-half to nine years old with a maximum group size of twenty-six children:

(a) Have at least three staff present with the group, consisting of one lead teacher and two other staff members qualified under this chapter; and

(b) Keep a staff-to-child ratio of 1:10.

History

WSR 18-15-001, recodified as § 110-300-0357, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0357, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0358 Capacity waiver for family home providers.

(1) Pursuant to RCW 43.216.692, the department may waive the limit established in RCW 43.216.010 (1)(c) that restricts family home providers from serving more than 12 children.

(2) Providers must apply to the department in writing to request waivers to serve more than 12 but not more than 16 children. To apply in writing, family home providers must use the process prescribed by the department.

(3) The department will consider the following criteria to determine whether to grant, continue, or rescind waivers to family home providers' total capacity of 12 children:

(a) The licensee's years' of experience providing early learning services. A provider must have at least three years' of experience to be eligible for a waiver under this section. To satisfy the three years' experience requirement, the family home provider must have served for a total of three years or more in one or more of the following child care roles: Center director, program supervisor, family home licensee, or other similar role in a child care setting.

(b) The providers licensing history. The licensee must be operating under a full, nonexpiring family home license to be approved for a waiver under this section.

(i) There must be at least 35 square feet of licensed, accessible indoor space for each child included in the total capacity.

(ii) There must be an additional 15 square feet of licensed, accessible indoor space for each child under the age of 24 months included in the total capacity.

(iii) There must be at least 75 square feet of licensed, accessible outdoor space for each child included in the total capacity. Alternatively, a family home provider may develop a plan to rotate groups of children to play outdoors or a department-approved plan to use an off-site play area.

(d) Staffing qualifications when operating with the 13 to 16 children present:

(i) The licensee must have an ECE short certificate or equivalent, as approved and verified in the electronic workforce registry by the department.

(ii) When the licensee is not on-site, they must designate a person on-site who meets the requirements of this subsection to manage the early learning program.

(iii) Additionally, at least one staff person or volunteer working on-site must have an ECE initial certificate or equivalent.

(e) Staff-to-child ratios and age group limits. When operating with 13 to 16 children:

A provider licensed to care for children ages:

(i) Two years old and above must not exceed a maximum staff-to-child ratio of 1:8;

(ii) Under two years of age must not exceed a maximum staff-to-child ratio of 1:6; and

(iii) Under two years of age may have up to six children attend at any one time under the following conditions:

(A) Five children under two years of age may attend at any one time if at least one of those children can walk independently.

(B) Six children under two years of age may attend at any one time if at least two of those children can walk independently.

(f) The intended use of licensed space. Plans to use the space must include details regarding napping, supervision, and diapering, if applicable. A waiver granted under this section does not allow a licensee to provide overnight care for more than 12 children.

(g) The emergency preparedness plan. Licensees granted a waiver under this section must follow:

(i) WAC 110-300-0470.

(ii) The emergency plan must account for the total capacity of children requested.

(iii) The early learning program space must have emergency lighting for interior stairs that automatically turns on when electrical power goes out. Such emergency lighting may include, but is not limited to, battery operated overhead lights.

(iv) Any kitchen within the early learning program space or used by and connected to the early learning program space must have:

(A) At least one fire extinguisher or one can of fire extinguisher aerosol spray; and

(B) A heat detector.

(v) The early learning program staff must be able to demonstrate, at least annually to licensing staff, the ability to evacuate all early learning staff and children from inside the home to a safe location outside the home in two minutes or less.

(h) The number of working, accessible toilets and sinks.

(i) There must be a ratio of at least one working flush toilet and one handwashing sink for every 15 household members, staff, and requested capacity of children.

(A) A child in diapers does not count for purposes of toilet calculations until the child begins toilet training.

(B) Staff persons and household members may use toilets and handwashing sinks located outside of licensed space on the premises.

(ii) A provider whose facility relies on a private septic system must provide to the department verification from the local health jurisdiction the system can accommodate the total number of household members, staff, and requested capacity of children.

(i) The number and variety of early learning materials. For the total capacity requested there must be a sufficient number and variety of materials to engage children in the early learning program.

(j) The total capacity the provider is requesting.

(4) A waiver granted under this section may be time specific or may remain in effect for as long as the family home provider continues to comply with the waiver's conditions. If the waiver is time-limited, the provider must not exceed the time frame established by the department.

(5) Before the provider begins providing care for 13 to 16 children pursuant to a waiver under this section:

(a) The waiver must be approved in writing by the department secretary or the secretary's designee; and

(b) The licensee must provide documentation to the department from the city or county within which the early learning program operates (or a third party approved by the city or county) that states the early learning program space and structures meet local building codes and the requirements of the department's Family Home Child Capacity Waiver inspection checklist.

(6) A denial of a waiver request is not an enforcement action as described in RCW 43.216.010 and is not subject to an appeal by a provider.

(7) The department may rescind a waiver granted under this section at any time including, but not limited to, the following reasons:

(a) The provider no longer meets the criteria described in this section;

(b) The department issues an enforcement action against the provider;

(d) The department determines that continued operation under the waiver does or may harm the health, safety, or well-being of enrolled children;

(e) A licensing rule that was considered in granting the waiver is repealed or amended; or

(f) A license is transferred pursuant to RCW 43.216.305 and WAC 110-300-0011 and the conditions of the waiver can no longer be met.

(8) A family home provider granted a waiver under this section must inform the parents and guardians of enrolled children of the approved waiver:

(a) Prior to operating with 13 to 16 children for the first time; and

(b) When a new child or new family is enrolled.

History

Statutory Authority: Chapters 43.216 and 42.56 RCW, RCW 43.216.692, 43.216.020, 43.216.250, 42 U.S.C. §§ 9857-9858r, and 45 C.F.R. part 98. WSR 25-01-087, s 110-300-0358, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 43.216.692. WSR 22-03-016, § 110-300-0358, filed 1/7/22, effective 2/7/22.

Wash. Admin. Code § 110-300-0360 Program and daily schedule.

(1) An early learning provider must have an established program and daily schedule that is familiar to children.

(2) A schedule must be designed to meet enrolled children's developmental, cultural, and special needs. The daily schedule must:

(a) Be specific for each age group of children, when applicable;

(b) Offer a variety of activities to meet children's needs, pursuant to WAC 110-300-0150;

(i) Twenty minutes for each three hours of programming for infants (as tolerated) and toddlers;

(ii) Thirty minutes for each three hours of programming for children preschool age and older;

(iii) Programs that operate more than six hours a day must provide:

(A) Ninety minutes of active play for preschool age and older; and

(B) Sixty minutes of active play for infants and toddlers; and

(iv) Thirty minutes of the active play required by (c)(iii) of this subsection may be moderate to vigorous indoor activities;

(d) Include scheduled and consistent times for meal service;

(e) Include routine transportation times, if applicable;

(f) Include rest periods, if applicable; and

(g) Include evening and overnight care, if applicable.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0360, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0360, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0360, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0400 Application materials.

(1) After completing a department orientation an applicant must submit a complete license application packet, pursuant to chapter 43.216 RCW. This requirement also applies to a change of ownership. A complete license application packet includes:

(a) Professional and background information about the applicant:

(i) A completed department application form for the type of license being applied for (center or family home);

(ii) A copy of the applicant's orientation certificate (orientation must be taken within 12 months of license application);

(iii) A Washington state business license or a tribal, county, or city business or occupation license, if applicable;

(iv) Liability insurance, if applicable;

(v) Certificate of incorporation, partnership agreement, or similar business organization document, if applicable;

(vi) The license fee;

(vii) A copy of current government issued photo identification;

(viii) A copy of Social Security card or sworn declaration stating that the applicant does not have one;

(ix) Employer identification number (EIN) if applicant plans to hire staff; and

(x) Employment and education verification. For example, diploma, transcripts, or a sworn declaration stating that the applicant cannot verify education requirements.

(b) Information about the facility to be licensed:

(i) A floor plan, including use of proposed licensed and unlicensed space, with identified emergency exits and emergency exit pathways;

(ii) Certificate of occupancy, if applicable;

(iii) Documentation, no more than three years old, from a licensed inspector, septic designer, or engineer that states the septic system and drain field are maintained and in working order, if applicable;

(iv) E. coli bacteria and nitrate testing results for well water that is no more than 12 months old, if applicable;

(v) A lead or arsenic evaluation agreement for sites located in the Tacoma smelter plume (counties of King, Pierce, and Thurston); and

(vi) Lead and copper test results for drinking water;

(d) Information about early learning program staff:

(i) List of applicant and household members, and if applicable and known, staff persons and volunteers required to complete the background check process as outlined in chapter 110-06 WAC; and

(ii) Resume for applicant, center director, assistant director, program supervisor, and family home lead teacher, if applicable.

(2) An applicant must include the following policy documents with the application, which will be reviewed by the department and returned to the applicant:

(a) Parent and program policies;

(b) Staff policies;

(d) Health policies.

(3) An applicant must submit the completed application packet at least 90 calendar days prior to the planned opening of the early learning program. The department will inspect the early learning program space and approve all application submissions required in this chapter prior to issuing a license:

(a) The 90 calendar days begins when the department receives a complete application packet.

(b) Incomplete application packets will be returned to the applicant for completion.

(c) An applicant who is unable to successfully complete the application and licensing process within 90 days may withdraw the application and reapply when the applicant is able to meet the licensing requirements. If the applicant has completed the steps of the application process within 90 days but an external barrier out of the applicant's control exists, the reapplication fee will be waived one time.

(d) An applicant who is unable to meet the application requirements and has not withdrawn their application will be denied a license, pursuant to RCW 43.216.325.

History

Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0400, filed 9/13/24, effective 10/14/24. Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0400, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0400, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201, and Governor Directive 16-06. WSR 17-10-032, § 170-300-0400, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0401 License fees.

(1) The rules establishing licensing fees within this chapter are adopted pursuant to RCW 43.216.300.

(2) The license fee is nonrefundable and is due:

(a) With the early learning applicant's initial license application packet; and

(b) Annually thereafter, thirty calendar days prior to the anniversary date of the license.

(3) Payment must be in the form of a check, credit or debit card, or money order.

(4) The annual fee for family home early learning programs is thirty dollars, or as otherwise set by the legislature.

(5) The annual fee for center early learning programs is one hundred twenty-five dollars for the first twelve children plus twelve dollars for each additional child, or as otherwise set by the legislature.

History

WSR 18-15-001, recodified as § 110-300-0401, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0401, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0402 Changing early learning program space or location.

(1) An early learning provider must notify the department prior to making a change to early learning program space that may impact the health, safety, or welfare of enrolled children. Such changes include, but are not limited to:

(a) Moving early learning programs to a different residence, building, or facility (even if the new location is on the same premises);

(b) An early learning program altering a planned use of space including, but not limited to, the ages of children served in a room or previously unlicensed areas;

(c) Modifying facilities in a way that requires a permit under the Washington state building code or by a local jurisdiction, such as remodeling or renovating early learning program space; and

(d) Changing outdoor play areas, such as adding or altering the type of surface or altering stationary climbing or play equipment.

(2) An early learning provider must submit to the department the new proposed floor plan prior to making changes under subsection (1)(a) through (c) of this section.

(3) An early learning provider planning a change under subsection (1)(a) of this section must also:

(a) Submit a complete application, pursuant to WAC 110-300-0400, as soon as the provider plans to move and has an identified address, but not more than ninety calendar days before moving;

(b) Not significantly change or move a center early learning program until the department has first inspected the new location and determines it meets the requirements in this chapter and RCW 43.216.305; and

(c) Not operate a family home early learning program for more than two weeks following the move before having the department inspect the new location, pursuant to RCW 43.216.305.

History

WSR 18-15-001, recodified as § 110-300-0402, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0402, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0410 License and program location.

(1) An applicant for a license under this chapter must be at least eighteen years old.

(2) A licensee refers to the individual or organization:

(a) Whose name appears on a license issued by the department;

(b) Responsible for complying with the standards in this chapter, chapter 43.216 RCW, chapter 110-06 WAC, and other applicable laws and rules;

(d) Who resides on the early learning program premises (family home child care only), pursuant to RCW 43.216.010.

(3) Early learning program space must be located:

(a) On a site free from known environmental hazards;

(b) In an area where nonemergency services and utilities can serve the early learning program space; and

(c) In an area served by emergency fire, medical, and police during the hours the early learning provider provides care to children.

(4) An early learning provider must prevent enrolled children from being exposed to the following known hazards within and around the licensed premises:

(a) Lead based paint;

(b) Plumbing and fixtures containing lead or lead solders;

(d) Arsenic, lead, or copper in the soil or drinking water;

(e) Toxic mold; and

(f) Other identified toxins or hazards.

(5) An early learning provider must place address numbers or signage on the outside of the house or building that contains the early learning program space. The numbers or signage must be legible and plainly visible from the street or road serving the premises.

(6) A license applicant planning to open an early learning program in the designated Tacoma smelter plume (counties of King, Pierce, and Thurston) must contact the state department of ecology (DOE) and complete and sign an access agreement with DOE to evaluate the applicant's property for possible arsenic and lead soil contamination.

History

Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0410, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0410, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201, and Governor Directive 16-06. WSR 17-10-032, § 170-300-0410, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0415 Zoning, codes, and ordinances.

(1) The department adopts and incorporates by reference the Washington state building code (chapter 19.27 RCW), as now and hereafter amended.

(2) Early learning program space must comply with the Washington state building code or local building code as enacted at the time of licensure. Facility modifications must comply with WAC 110-300-0402.

(3) Prior to licensing, an applicant must contact state, city, and local agencies that regulate the early learning program. An early learning provider must obtain regulations and comply with the direction given by such agencies. These agencies may include, but are not limited to, the Washington state department of labor and industries, the Washington state fire marshal, the Washington state department of health, and local health jurisdictions.

(4) Prior to licensing, a center early learning applicant must:

(a) Have a certificate of occupancy issued by the local building, planning, or zoning department, or a local equivalent if locality does not have the certificate of occupancy; and

(b) Be inspected and approved by the state fire marshal.

History

WSR 18-15-001, recodified as § 110-300-0415, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0415, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0420 Prohibited substances.

(1) Chapter 70.160 RCW prohibits smoking in public places and places of employment.

(2) Pursuant to RCW 70.160.050, an early learning provider must:

(a) Prohibit smoking, vaping, or similar activities in licensed indoor space, even during nonbusiness hours;

(b) Prohibit smoking, vaping, or similar activities in licensed outdoor space unless:

(i) Smoking, vaping or similar activities occurs during nonbusiness hours; or

(ii) In an area for smoking or vaping tobacco products that is not a "public place" or "place of employment," as defined in RCW 70.160.020.

(d) Prohibit smoking, vaping, or similar activities by any provider who is supervising children, including during field trips;

(e) Prohibit smoking, vaping, or similar activities within twenty-five feet from entrances, exits, operable windows, and vents, pursuant to RCW 70.160.075; and

(f) Post "no smoking or vaping" signs. Signs must be clearly visible and located at each building entrance used as part of the early learning program.

(3) An early learning provider must:

(a) Prohibit any person from consuming or being under the influence of alcohol on licensed space during business hours;

(b) Prohibit any person within licensed space from consuming or being under the influence of illegal drugs or prescription drugs to the extent that it interferes with the care for children as required by this chapter;

(c) Store any tobacco or vapor products, or the packaging of tobacco or vapor products in a space that is inaccessible to children;

(d) Prohibit children from accessing cigarette or cigar butts or ashes;

(e) Store any cannabis or associated paraphernalia out of the licensed space and in a space that is inaccessible to children; and

(f) Store alcohol in a space that is inaccessible to children (both opened and closed containers).

(4) A center early learning provider must prohibit any person from using, consuming, or being under the influence of cannabis in any form on licensed space.

(5) A family home early learning provider must prohibit any person from using, consuming, or being under the influence of cannabis products in any form on licensed space during business hours.

History

Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0420, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0420, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0420, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0425 Initial and nonexpiring licenses—Reporting—License modification.

(1) The department may issue an initial license authorized under RCW 43.216.315 to an early learning program applicant when they demonstrate their early learning program will be able to comply with the health and safety requirements described in this chapter. They do not have to demonstrate full compliance with all requirements that are not related to health and safety for initial license eligibility.

(a) An initial license is valid for six months from the date issued;

(b) At the department's discretion, an initial license may be extended for up to three additional six-month periods, not to exceed a total of two years; and

(c) The department must evaluate the early learning provider's ability to follow requirements contained in this chapter during the initial license period.

(2) The department may issue a nonexpiring license to a licensee operating under an initial license who demonstrates compliance with the requirements of this chapter during the period of initial licensure, pursuant to RCW 43.216.305.

(3) Licensees must submit the following annual compliance documents at least 30 calendar days before their anniversary date, which is the date their first initial license was issued. The required annual compliance documents are:

(a) The annual nonrefundable license fee;

(b) A declaration on the department's form indicating:

(i) The intent to continue operating a licensed early learning program;

(ii) The intent to cease operation as a licensed early learning program;

(iii) A change in the early learning program's operational hours or dates; and

(iv) The intent to comply with all licensing rules.

(c) Documentation of completed background checks for required individuals as determined by the department's established schedule, pursuant to RCW 43.216.270(2). For individuals required to have a background check clearance, the early learning provider must either:

(i) Verify current background checks; or

(ii) Require individuals to submit a background check application at least 30 calendar days prior to the anniversary date.

(4) If licensees fail to meet the requirements for continuing a nonexpiring license by their anniversary date, their current license will expire and the licensee will be required to submit a new application for licensure.

(5) The nonexpiring license process in this section may not interfere with the department's established monitoring practices, as described in RCW 43.216.305.

(6) The department may let a license expire, not be renewed, or not be continued when early learning providers fail to comply with the requirements of this section. Providers cannot appeal the department's decision and have no rights to a hearing.

(7) Early learning providers must report the following information within 24 hours of becoming aware to the:

(a) Department and local authorities if there has been, or is, a fire or other structural damage to the early learning program space or other parts of the premises, including any structural damage caused by a natural disaster.

(b) Department:

(i) Allegations, a reasonable basis to believe, or findings of abuse or neglect that both:

(A) Are made against the early learning provider, an early learning provider employee or volunteer, or a household member; and

(B) Involve the abuse or neglect of a child, youth, or vulnerable adult;

(ii) A retirement, termination, death, incapacity, or change of the program director, or program supervisor;

(iii) A change of ownership or incorporation of the early learning provider's business entity that is responsible for providing the early learning program;

(iv) Criminal charges or convictions against:

(A) Themselves;

(B) An early learning program employee or volunteer; or

(v) A change in the number of household members living within a family home early learning program space. This includes individuals:

(A) Age 14 years old or older that move in or out of the home;

(B) Who resign or are terminated, pursuant to RCW 43.216.390; and

(vi) Any changes in the early learning program hours of operation, including planned closure dates.

(8) Prior to increasing capacity of an early learning program, early learning providers must make a request to the department for a capacity increase. The department or tribal authority may approve or deny the early learning provider's capacity increase.

(9) The state fire marshal or department must approve any change or modification described under WAC 110-300-0402 (1)(a) through (c). All changes or modifications to the premises must comply with all building codes and ordinances.

(10) If the liability insurance described in RCW 43.216.700 is terminated, the licensee, center director, assistant director, or program supervisor must notify the department within 30 calendar days of the date the liability insurance has been terminated.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-300-0425, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 74.15.030, 43.216.055, 43.216.065, and 43.216.250. WSR 24-17-063, § 110-300-0425, filed 8/15/24, effective 9/15/24. WSR 18-15-001, recodified as § 110-300-0425, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0425, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0430 Authority and requirements to possess more than one license.

(1) The department may approve licensees' request to possess more than one department license, certification, or authorization, i.e., child care license and foster care license.

(2) In order to offer overnight child care, licensees who have both a child care early learning program license authorized under this chapter, and a foster family home license authorized under chapter 110-148 WAC, must comply with:

(a) WAC 110-300-0270; and

(b) All other applicable rules under this chapter and chapter 110-148 WAC.

(3) Applicants must submit a complete license application for each license they are seeking and:

(a) The license application must be completed by the applicant pursuant to the laws and rules that govern each license; and

(4) When requests are received for multiple licenses, the department will determine the capacity for each license based on the requirements in:

(a) Title 110 WAC; and

(b) The chapter within Title 110 WAC that authorizes the license.

(5) If the department determines that licensees are not in compliance with all applicable requirements and regulations for any license, certification, or authorization:

(a) The department and licensees may mutually agree to amend one or more of the licenses, certifications, or authorizations;

(b) The licensees may voluntarily agree to surrender or relinquish one or more of the licenses, certifications, or authorizations to the department; or

(c) The department may issue fines or suspend, deny, modify, or revoke one or more of the licenses as outlined in RCW 43.216.325 and 74.15.130.

History

Statutory Authority: RCW 74.15.030, 43.216.055, 43.216.065, and 43.216.250. WSR 24-17-063, § 110-300-0430, filed 8/15/24, effective 9/15/24.

Wash. Admin. Code § 110-300-0435 Waiver from department rules—WAC.

(1) The department cannot waive a requirement of state law (RCW) or federal law.

(2) Pursuant to RCW 43.216.065, the department may approve a waiver from a rule in this chapter if it does not jeopardize the health, safety, or welfare of the children in care.

(3) An early learning provider's request for a waiver from a rule in this chapter must be:

(a) Submitted in writing on the department's form to the local licensing office;

(b) Approved in writing by the department director or the director's designee prior to the early learning provider implementing the waiver from the rule; and

(4) A granted waiver may be time specific or may remain in effect for as long as the early learning provider continues to comply with the conditions of the waiver. If the waiver from the rule is time limited, the provider must not exceed the time frame established by the department.

(5) The department may revoke a granted waiver if a licensing rule which was considered in granting the waiver is materially altered or amended.

History

WSR 18-15-001, recodified as § 110-300-0435, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0435, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0436 Variance from department rules—WAC.

(1) The department cannot provide variance from a requirement in state (RCW) or federal law.

(2) Upon written request of an applicant, licensee, center director, assistant director, or program supervisor, the department may grant a variance from a rule in this chapter if the proposed program alternative does not jeopardize the health, safety, or welfare of the children in care.

(3) A request for variance from a rule in this chapter must be:

(a) Submitted in writing on the department's form to the local licensing office;

(b) Approved in writing by the department director or the director's designee prior to the early learning provider implementing the variance from the rule; and

(4) A granted variance may be time specific or may remain in effect for as long as the early learning provider continues to comply with the conditions of the variance. If the variance from the rule is time limited, the provider must not exceed the time frame established by the department.

(5) The department may revoke a granted variance if a licensing rule which was considered in granting the variance is materially altered or amended.

History

WSR 18-15-001, recodified as § 110-300-0436, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0436, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0440 Facility licensing compliance agreements, nonreferral status, probationary license, and provider rights.

(1) At the department's discretion, when an early learning provider is in violation of this chapter or chapter 43.216 RCW, a facility licensing compliance agreement (FLCA) may be issued in lieu of the department taking enforcement action. The FLCA must contain:

(a) A description of the violation and the law or rule that was violated;

(b) A proposed plan from the provider or a designee to comply with the law or rule;

(i) The seriousness of the violation;

(ii) The potential threat to the health, safety, and well-being of the children in care; and

(iii) The number of times the early learning program has violated rules in this chapter or under chapter 43.216 RCW.

(d) Information regarding other licensing action that may be imposed if compliance does not occur by the required date;

(e) The signature of the department licensor and the licensee.

(2) An early learning provider must return a copy of the completed FLCA to the department after corrective action has been completed and by the date indicated.

(3) An early learning provider may request an internal review process regarding the violation of department rules pursuant to RCW 43.216.395.

(4) In an enforcement action against an early learning program or provider, the provider has the right to:

(a) Refuse to accept or sign a FLCA.

(b) Refuse to agree to a probationary license.

(5) If an early learning provider refuses a FLCA or probationary license, this may result in any of the following enforcement actions:

(a) Modification of the license;

(b) Noncontinuation of a nonexpiring license;

(d) Revocation of the license; or

(e) Civil penalties.

(6) The department may place an early learning provider on nonreferral status, pursuant to RCW 43.216.325(4), in addition to or in lieu of an enforcement action under this chapter.

(7) A probationary license may be issued to an early learning provider or program operating under a nonexpiring license as part of a corrective action plan. Prior to issuing a probationary license, the department must refer the program or provider for technical assistance, pursuant to RCW 43.216.320(2).

(8) A department decision to issue a probationary license is based on an early learning program or provider's:

(a) Negligent or intentional noncompliance with the licensing rules;

(b) History of noncompliance with licensing rules;

(d) Fire safety inspection or health and sanitation inspection report that failed to gain approval;

(e) Use of unauthorized space for child care;

(f) Inadequate supervision of children;

(g) Understaffing for the number of children in care;

(h) Noncompliance with requirements addressing children's health, proper nutrition, discipline, emergency medical plan, sanitation or personal hygiene practices; and

(i) Any other factors relevant to the specific situation and consistent with the intent or purpose of chapter 43.216 RCW.

(9) When the department issues a probationary license, the early learning provider must:

(a) Provide notice of the probationary license and a copy of the department's probationary licensing agreement to the parents or guardians of enrolled children within five business days of receiving the probationary license;

(b) Provide documentation to the department that parents or guardians of enrolled children have been notified within ten business days of receiving the probationary license;

(d) Return the early learning program's nonexpiring license to the department; and

(e) Post documentation of the approved written probationary license as required by RCW 43.216.687.

(10) Pursuant to RCW 43.216.689, an early learning provider must have inspection reports and notices of enforcement actions for the past three years readily available for review by the department, parents, and the public.

History

WSR 18-15-001, recodified as § 110-300-0440, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0440, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0443 Enforcement actions, notice, and appeal.

(1) Pursuant to RCW 43.216.325, the department is authorized to take enforcement actions when an early learning provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020, 43.216.065, and 43.216.250. Enforcement actions include civil monetary penalties (fines) and the denial, suspension, revocation, modification, or nonrenewal of a license.

(2) An early learning provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or "hearing") pursuant to chapter 110-03 WAC, DCYF hearing rules.

(3) The department must issue a notice of violation to an early learning provider when taking enforcement actions. A notice of violation must be sent by certified mail or personally served and must include:

(a) The reason why the department is taking the action;

(b) The rules the provider failed to comply with;

(d) How the provider may appeal and request a hearing.

(4) Fines must not exceed two hundred fifty dollars per day per violation for center early learning programs or one hundred fifty dollars per day per violation for family home early learning programs, or as otherwise set by the legislature. Fines may be:

(a) Assessed and collected with interest for each day a violation occurs;

(b) Imposed in addition to other enforcement actions; and

(5) An early learning provider must pay fines within twenty-eight calendar days after receiving a notice of violation unless:

(a) The office of financial recovery establishes a payment plan for the provider; or

(b) The provider requests a hearing, pursuant to chapter 110-03 WAC, DCYF hearing rules and RCW 43.216.335(3).

(6) The department may suspend or revoke a license if an early learning provider fails to pay a fine within twenty-eight calendar days or becomes delinquent in making payments, pursuant to RCW 43.216.327 and 43.216.335. If a provider's license is due for renewal, the department may elect not to continue the license for failure to pay a fine.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0443, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0443, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0443, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0450 Parent or guardian handbook and related policies.

(1) An early learning provider must supply to each parent or guardian written policies regarding the early learning program. Each enrolled child's record must have signed documentation stating the parent or guardian reviewed the handbook and early learning program policies.

(2) An early learning provider must have and follow formal written policies in either paper or electronic format, including:

(a) A nondiscrimination statement;

(b) A family engagement and partnership communication plan;

(d) Alcohol, tobacco, cannabis use and prohibition of illegal drugs;

(e) Curriculum philosophy on how children learn and develop, and how this philosophy is implemented;

(f) Child guidance plan, which includes restraint policies and forbidding corporal punishment;

(g) Expulsion policy;

(h) Early learning program staff-to-child ratios and classroom types offered, if applicable;

(i) If the early learning program offers any of the following, they must include a policy for each that applies to their program:

(i) Care for children with specific or special needs;

(ii) Infant and toddler care, covering:

(A) Diapering;

(B) Feeding;

(D) Child sleep pattern; and

(E) Safe sleep requirements.

(iii) Dual language learning;

(iv) Religious and cultural activities, including how holidays will be celebrated;

(v) Transportation and off-site field trips;

(vi) Water activities;

(vii) Overnight care; and

(viii) How weapons on the premises are secured.

(j) Program days and hours of operation, including closure dates and observed holidays;

(k) Enrollment and disenrollment requirements;

(l) Fees and payment plans;

(m) Sign-in and sign-out requirements;

(n) Information required for the child's record, including:

(i) The importance and plan for keeping the information current;

(ii) A plan to keep the child's information confidential; and

(iii) Who may legally access the child's information.

(o) A kindergarten transition plan, if applicable;

(p) What parents or guardians must supply for their child (for example: Extra clothing or diapers);

(q) Permission for a parent or guardian's access to areas of the early learning program during business hours;

(r) Termination of services policy;

(s) Emergency preparedness plan;

(t) The early learning provider and program staff's duty to report incidents including reporting suspected abuse or neglect of a child or youth;

(u) Policies regarding mixed age groups, if applicable (including when children may be in a mixed age group);

(v) Description of where the parent or guardian may find and review the early learning program's:

(i) Health policy;

(ii) Staff policies, if applicable;

(iii) Consistent care policy;

(iv) Menus;

(v) Liability insurance;

(vi) Inspection reports and notices of enforcement actions, if applicable; and

(vii) Other relevant program policies.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-300-0450, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 34.05.020. WSR 24-19-056, s 110-300-0450, filed 9/13/24, effective 10/14/24. WSR 18-15-001, recodified as § 110-300-0450, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0450, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0455 Attendance records.

(1) An early learning provider may keep a child in care up to a maximum of ten hours each day. If needed, the maximum time may be extended based upon the parent or guardian's work, an agreed upon alternate schedule, or travel to and from the early learning program.

(2) An early learning provider must keep daily child attendance records, either in paper or electronic format, for each child (including the children of staff in the program). These records must be easily accessible and kept on-site or in the program's administrative office for department review. These records must clearly document:

(a) The name of the child;

(b) The date of care;

(d) Signature or electronic signature of parent, guardian or other authorized person at the time of arrival and departure; and

(e) A staff signature when a child leaves the early learning program to attend school or participate in off-site activities not offered by the early learning program.

(3) An early learning provider must keep daily staff attendance records for each center classroom or family home program. These attendance records must be on paper or in an electronic format and clearly document:

(a) The name of each staff member (including staff assigned to care for children with special needs and one-on-one care) and volunteers;

(b) The number of children in each classroom or family home program;

(d) The date; and

(e) Start and end times of the assigned staff or volunteers.

(4) If the attendance records are kept electronically, the electronic system must:

(a) Record either an electronic signature, swipecard, personal identification number (PIN), biometric reader, or similar action by the parent or authorized person when signing the child in or out of care (or staff notation of who picked up or dropped off along with time in and out if authorized person does not have electronic signature, swipe card, PIN, biometric reader or similar action);

(b) Ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against disproof of the electronic records;

(d) Be able to authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;

(e) Be able to capture an electronic record for each transaction conducted;

(f) Be able to retain the electronic record in an accessible form for their legal minimum retention period;

(g) Be able to search and retrieve electronic records in the normal course of business; and

(h) Be able to perform in an accurate, reliable, and consistent manner in the normal course of business.

(5) Electronic attendance records must contain information necessary to reproduce the entire electronic record and associated signatures in a form that permits a person viewing or printing the entire electronic record to verify:

(a) The contents of the electronic record;

(b) The person signing the electronic record; and

History

WSR 18-15-001, recodified as § 110-300-0455, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0455, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0460 Child records.

(1) An early learning provider must keep current individualized enrollment and health records for all enrolled children, including children of staff, updated annually or as often as enrolled children's health records are updated.

(a) A child's record must be kept in a confidential manner but in an area easily accessible to staff.

(b) A child's parent or guardian must be allowed access to all of their own child's records.

(2) Each child's enrollment record must include the following:

(a) The child's birth date;

(b) An enrolled child's parent or guardian's phone numbers, address, and contact information for reaching the family while the child is in care;

(c) Emergency contact information. If no emergency contact is available, a written and signed emergency contact plan may be accepted;

(d) Names and phone numbers of persons authorized to pick up enrolled children;

(e) A plan for special or individual needs of the child, if applicable, including parent or guardian signature, pursuant to WAC 110-300-0300;

(f) Signed parent or guardian permissions, pursuant to WAC 110-300-0450 as applicable for:

(i) Field trips;

(ii) Transportation;

(iii) Bathing;

(iv) Water activities including swimming pools or other bodies of water; and

(v) Photo, video, or surveillance activity.

(g) The beginning and end enrollment date for children no longer in the early learning program's care;

(h) Physical restraint documentation pursuant to WAC 110-300-0335, if applicable;

(i) Expulsion information, documentation, and steps taken to avoid expulsion, if applicable;

(j) Termination of services documentation and communication, if applicable; and

(k) Notification of child developmental screening information given to the child's parent or guardian, if applicable.

(3) Each child's health record and the information described in subsection (2)(a) through (e) of this section must be available to staff for medical administration or emergencies.

(4) A health record is required for every child who is enrolled and counted in an early learning program's capacity. A health record must include:

(a) An immunization record, pursuant to WAC 110-300-0210(1);

(b) The child's health history including any known health conditions and the child's individual care plan, if applicable;

(d) Documentation of special medical procedure training by parent or guardian, if applicable;

(e) Medical and dental care provider names and contact information or what facility parents or guardians would prefer for treatment;

(f) Dates of the child's last physical and dental exams, if available;

(g) Consent to seek medical care and treatment of the child in the event of injury or illness, signed by the child's parent or guardian;

(h) Signed parent or guardian permission for visiting health professionals who provide direct services to children at the early learning program;

(i) An incident or injury report, pursuant to WAC 110-300-0475, that includes:

(i) The date and description of the child's incident or injury;

(ii) Treatment provided to the child while in care;

(iii) The names of the early learning program staff providing the treatment; and

(iv) Evidence that a copy of the incident or injury report was given to the child's parent or guardian.

(j) Documentation that a provider reported food poisoning or contagious diseases to the local health jurisdiction or the department of health, if applicable.

History

Statutory Authority: RCW 43.216.065. WSR 21-15-023, § 110-300-0460, filed 7/12/21, effective 8/12/21. WSR 18-15-001, recodified as § 110-300-0460, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0460, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0465 Retaining facility and program records.

(1) An early learning provider must keep the records required in this chapter for a minimum of three years unless otherwise indicated.

(2) Attendance records must be kept for a minimum of five years.

(3) Facility and program records from the previous twelve months must be easily accessible and kept on-site or in the program's administrative office for department or other state agency's review.

(4) Records older than twelve months must be provided within two weeks of a written request by the department.

(5) An early learning provider must keep the following records available for department review:

(a) The parent or guardian handbook;

(b) Furniture, sleep, and play equipment forms and specifications;

(d) Annual fire inspection by qualified fire professional, if applicable;

(e) Annual inspection of chimney, wood stove, and fireplace, if applicable;

(f) Monthly inspection to identify fire hazards and elimination of such hazards;

(g) Monthly testing of smoke and carbon monoxide detectors;

(h) Monthly fire extinguisher inspection and annual maintenance;

(i) Food temperature logs pursuant to CACFP, if applicable;

(j) Child incident and illness logs;

(k) Vaccination records for pets or animals housed at the early learning provider program;

(l) Lead and copper testing results;

(m) Private well and septic systems inspection and testing results, if applicable;

(n) Cleaning log for large area rugs or carpets;

(o) Pesticide use (seven years);

(p) Car insurance policy, if applicable;

(q) Monthly site visit from child care health consultant, if applicable;

(r) Tacoma smelter inspection results;

(s) Curriculum planning schedule;

(t) Strengthening families program self-assessment or an equivalent assessment;

(u) Documents from department visits (inspections, monitoring, compliance agreements, and safety plans); and

(v) Waivers or variances from department rules, if applicable.

History

Statutory Authority: RCW 43.216.250 and 43.216.255. WSR 19-14-076, § 110-300-0465, filed 7/1/19, effective 8/1/19. WSR 18-14-078, recodified as § 110-300-0465, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 43.215.020, 43.215.060, 43.215.070, 43.215.201, and Governor Directive 16-06. WSR 17-10-032, § 170-300-0465, filed 4/26/17, effective 5/27/17.

Wash. Admin. Code § 110-300-0470 Emergency preparedness plan.

(1) An early learning provider must have and follow a written emergency preparedness plan. The plan must be reviewed and approved by the department prior to when changes are made. Emergency preparedness plans must:

(a) Be designed to respond to fire, natural disasters, and other emergencies that might affect the early learning program;

(b) Be specific to the early learning program and able to be implemented during hours of operation;

(d) Address what the early learning program must do if parents are not able to get to their children for up to three days;

(e) Must follow requirements in chapter 212-12 WAC, Fire marshal standards, as now or hereafter amended and the state fire marshal's office requirements if a center early learning program;

(f) Be reviewed at program orientation, annually with all early learning program staff with documented signatures, and when the plan is updated; and

(g) Be reviewed with parents or guardians when a child is enrolled and when the plan is updated.

(2) The written emergency preparedness plan must cover at a minimum:

(a) Disaster plans, including fires that may require evacuation:

(i) An evacuation floor plan that identifies room numbers or names of rooms, emergency exit pathways, emergency exit doors, and emergency exit windows for family-home based programs as described in WAC 51-51-0326;

(ii) Methods to be used for sounding an alarm and calling 911;

(iii) Actions to be taken by a person discovering an emergency;

(iv) How the early learning provider will evacuate children, especially those who cannot walk independently. This may include infant evacuation cribs (for center early learning programs), children with disabilities, functional needs requirements, or other special needs;

(v) Where the alternate evacuation location is;

(vi) What to take when evacuating children, including:

(A) First-aid kit(s);

(B) Copies of emergency contact information;

(D) Individual children's medication, if applicable.

(vii) How the provider will maintain the required staff-to-child ratio and account for all children;

(viii) How parents or guardians will be able to contact the early learning program; and

(ix) How children will be reunited with their parents or guardians after the event.

(b) Earthquake procedures including:

(i) What a provider will do during an earthquake;

(ii) How a provider will account for all children; and

(iii) How a provider will coordinate with local or state officials to determine if the licensed space is safe for children after an earthquake.

(c) Public safety related lockdown scenarios where an individual at or near an early learning program is harming or attempting to harm others with or without a weapon. This plan must include lockdown of the early learning program or shelter-in-place steps including:

(i) How doors and windows will be secured to prevent access, if needed; and

(ii) Where children will safely stay inside the early learning program.

(d) How parents or guardians will be contacted after the emergency ends.

(3) An early learning provider must keep on the premises a three day supply of food, water, and life-sustaining medication for the licensed capacity of children and current staff for use in case of an emergency.

(4) An early learning provider must practice and record emergency drills with staff and children as follows:

(a) Fire and evacuation drill once each calendar month;

(b) Earthquake, lockdown, or shelter-in-place drill once every three calendar months;

(c) Emergency drills must be conducted with a variety of staff and at different times of the day, including in the evening and during overnight hours for early learning programs that care for children during those hours; and

(d) Drills must be recorded on a department form and include:

(i) The date and time of the drill;

(ii) The number of children and staff who participated;

(iii) The length of the drill; and

(iv) Notes about how the drill went and how it may be improved.

(5) In areas where local emergency plans are already in place, such as school districts, an early learning program may adopt or amend such procedures when developing their own plan.

History

Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0470, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0470, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0470, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0475 Duty to protect children and report incidents.

(1) Pursuant to RCW 26.44.030, when an early learning provider has reasonable cause to believe that a child has suffered abuse or neglect, that provider must report such incident, or cause a report to be made, to the proper law enforcement agency or the department. "Abuse or neglect" has the same meaning here as in RCW 26.44.020.

(2) An early learning provider must report by telephone to the listed individuals, department, and other government agencies when the provider knows or has reason to know of an act, event, or occurrence described in (a) through (f) of this subsection.

(a) Law enforcement or the department at the first opportunity, but in no case longer than 48 hours:

(i) The death of a child while in the early learning program's care or the death from injury or illness that may have occurred while the child was in care;

(ii) A child's attempted suicide or talk about attempting suicide;

(iii) Any suspected abuse or neglect of a child or youth; or

(iv) Inappropriate sexual contact between two or more children.

(b) Emergency services (911) immediately, and to the department within 24 hours:

(i) A child missing from care, triggered as soon as staff realizes the child is missing;

(ii) A medical emergency that requires immediate professional medical care;

(iii) A child who is given too much of any oral, inhaled, or injected medication;

(iv) A child who took or received another child's medication;

(v) A fire or other emergency;

(vi) Poisoning or suspected poisoning; or

(vii) Other dangers or incidents requiring emergency response.

(i) A poisoning or suspected poisoning;

(ii) A child who is given too much of any oral, inhaled, or injected medication; or

(iii) A child who took or received another child's medication;

(iv) The provider must follow any directions provided by Washington poison center.

(d) The local health jurisdiction or the department of health immediately, and to the department within 24 hours about an occurrence of food poisoning or reportable contagious disease as defined in chapter 246-110 WAC, as now or hereafter amended;

(e) The department at the first opportunity, but in no case longer than 24 hours, upon knowledge of any person required by chapter 110-06 WAC to have a change in their background check history due to:

(i) A pending charge or conviction for a crime listed in chapter 110-06 WAC;

(ii) An allegation or finding of abuse or neglect of a child or youth as outlined in chapter 26.44 RCW or chapter 388-15 WAC;

(iii) An allegation or finding of abuse or neglect of a vulnerable adult under chapter 74.34 RCW; or

(iv) A pending charge or conviction of a crime listed in the director's list in chapter 110-06 WAC from outside Washington state, or a "negative action" as defined in RCW 43.216.010.

(f) A child's parent or guardian as soon as possible, but no later than the release of the child at the end of the day, and to the department within 24 hours, about using physical restraint on a child as described in WAC 110-300-0335.

(3) In addition to reporting to the department by phone or email, an early learning provider must submit a written incident report of the following on a department form within 24 hours:

(a) Situations that required an emergency response from emergency services (911), Washington poison center, or department of health;

(b) Situations that occur while children are in care that may put children at risk including, but not limited to, inappropriate sexual touching, neglect, physical abuse, maltreatment, or exploitation; and

(4) An early learning provider must immediately report to the parent or guardian:

(a) Their child's death, serious injury, need for emergency or poison services; or

(b) An incident involving their child that was reported to the local health jurisdiction or the department of health.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-300-0475, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 43.216.055, 43.216.065, 43.216.250 and chapter 43.216 RCW. WSR 19-22-103, § 110-300-0475, filed 11/6/19, effective 12/7/19. WSR 18-15-001, recodified as § 110-300-0475, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0475, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0480 Transportation and off-site activity policy.

(1) An early learning provider must have and follow a transportation and off-site activity policy for personal or public transportation service, or nonmotorized travel offered to children in care.

(a) The transportation and off-site activity policy must include routine trips, which must not exceed two hours per day for any individual child.

(b) Written parent or guardian authorization to transport the parent or guardian's child. The written authorization must be:

(i) A specific event, date, and anticipated travel time;

(ii) A specific type of trip (for example, transporting to and from school, or transporting to and from a field trip); or

(iii) A full range of trips a child may take while in the early learning provider's care.

(2) During travel to an off-site activity, an early learning provider must:

(a) Have the health history, appropriate medication (if applicable), emergency information, and emergency medical authorization forms accessible for each child being transported;

(b) Have a phone to call for emergency help;

(d) Maintain the staff-to-child ratio, mixed groupings, and active supervision requirements;

(e) Have a current first-aid and CPR certification pursuant to WAC 110-300-0106(11);

(f) Take attendance using a roll call or other method that assures all children are accounted for each time children begin and end travel to an off-site activity, and every time children enter and exit a vehicle; and

(g) Never leave children unattended in the vehicle.

(3) When an early learning provider supplies the vehicle to transport children in care, the program and provider must:

(a) Follow chapter 46.61 RCW, Rules of the road, and other applicable laws regarding child restraints and car seats;

(b) Assure that the number of passengers does not exceed the seating capacity of the vehicle;

(d) Maintain the vehicle temperature at a comfortable level to children;

(e) Assure the vehicle has a current license and registration as required by Washington state transportation laws;

(f) Assure the vehicle has emergency reflective triangles or other devices to alert other drivers of an emergency;

(g) Assure the driver has a valid driver's license for the type of vehicle being driven and a safe driving record for at least the last five years;

(h) Prevent any driver with a known condition that would compromise driving, supervision, or evacuation capabilities from operating program vehicles; and

(i) Have a current insurance policy that covers the driver, the vehicle, and all occupants.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 20-11-026, § 110-300-0480, filed 5/13/20, effective 6/13/20. WSR 18-15-001, recodified as § 110-300-0480, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0480, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0485 Termination of services policy.

An early learning provider may terminate a child's services due to that child's parent or guardian's inability to meet the expectations and requirements of the early learning program. Expectations and requirements of the program may include unpaid bills, continual late arrivals, or a parent, guardian or family member's inappropriate or unsafe behavior in or near early learning program space.

History

WSR 18-15-001, recodified as § 110-300-0485, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0485, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0486 Expulsion policy.

(1) An early learning provider must have and follow an expulsion policy, pursuant to WAC 110-300-0340.

(2) An expulsion policy must:

(a) Provide examples of behavior that could lead to expulsion from the early learning program;

(b) Detail steps the provider takes to avoid expelling a child including, but not limited to, environmental and staffing changes;

(c) Detail how the provider communicates to the parent or guardian of a child the steps taken under (b) of this subsection; and

(d) Include information that may benefit an expelled child including, but not limited to, community based resources.

History

WSR 18-15-001, recodified as § 110-300-0486, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0486, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0490 Child restraint policy.

(1) An early learning provider must have and follow a child restraint policy that contains behavior management and practices, pursuant to WAC 110-300-0335.

(2) A restraint policy must be:

(a) Appropriate for children's developmental level, abilities, and language skills;

(b) Directly related to the child's behavior; and

(3) Family home licensees, center directors, assistant directors, program supervisors, lead teachers and other appropriate staff members must be trained annually in the program's child restraint policy.

(4) Only trained staff may restrain a child in care in accordance with WAC 110-300-0335.

History

WSR 18-15-001, recodified as § 110-300-0490, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0490, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0495 Consistent care policy.

(1) An early learning program must have and follow a policy that promotes the consistent care of children.

(2) When possible, an early learning provider must be assigned to work with a consistent group of children for much of the day with a goal of building long-term, trusting relationships.

History

WSR 18-15-001, recodified as § 110-300-0495, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0495, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0500 Health policy.

(1) An early learning provider must have and follow a written health policy reviewed and approved by the department that includes the topics listed in subsection (2) of this section. The health policy must be reviewed and approved by the department when changes are made, and as otherwise necessary.

(2) An early learning program's health policy must meet the requirements of this chapter including, but not limited to:

(a) A prevention of exposure to blood and body fluids plan;

(b) Meals, snacks, and food services including guidelines for food allergies and food brought from home;

(d) Observing children for signs of illness daily;

(e) Exclusion and return of ill children, staff, or any other person in the program space;

(f) Contagious disease notification;

(g) Medical emergencies, injury treatment and reporting;

(h) Immunization tracking;

(i) Medication management, storage, administration and documentation;

(j) Care for pets and animals that have access to licensed space and the health risks of interacting with pets and animals;

(k) How general cleaning will be provided and how areas such as food contact surfaces, kitchen equipment, toys, toileting equipment, and laundry will be cleaned, sanitized and disinfected;

(l) Pest control policies;

(m) Caring for children with special needs or health needs, including allergies, as listed in the child's record; and

(n) Dental hygiene practices and education.

History

WSR 18-15-001, recodified as § 110-300-0500, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0500, filed 6/30/18, effective 8/1/19.

Wash. Admin. Code § 110-300-0505 Postings.

(1) Postings listed in subsection (2) of this section that are part of an early learning program must be clearly visible to parents, guardians, and early learning program staff.

(2) Postings on early learning premises must include:

(a) The child care license, pursuant to WAC 110-300-0010;

(b) Floor plan with emergency routes and exits identified in each child care area, pursuant to WAC 110-300-0400 (1)(b)(i) and 110-300-0470 (2)(a)(i);

(c) Dietary restrictions, known allergies, and nutrition requirements, if applicable, in a location easily accessible for staff but not available to those who are not parents or guardians of the enrolled child, pursuant to WAC 110-300-0186(8);

(d) Handwashing practices at each handwashing sink, pursuant to WAC 110-300-0200(1);

(e) If applicable, diaper changing or stand-up diapering procedure at each diapering station, pursuant to WAC 110-300-0220 and 110-300-0221 (1)(d);

(f) Pesticide treatment, if applicable, pursuant to RCW 43.216.280 and 17.21.410 (1)(d);

(g) Emergency numbers and information including, but not limited to:

(i) 911 or emergency services number;

(ii) Name, address and directions from the nearest arterial street or nearest cross street to the facility;

(iii) The department's toll-free number;

(iv) Washington poison center toll-free number; and

(v) The department's child protective services.

(h) The location of emergency medical information for children and staff;

(i) A notice of any current or pending enforcement action, including probationary licenses pursuant to RCW 43.216.687. Notice must be posted:

(i) Immediately upon receipt; and

(ii) For at least two weeks or until the violation causing the enforcement action is corrected, whichever is longer.

(j) A notice of safe sleep violation in the licensed space as required by WAC 110-300-0291(2), if applicable;

(k) "No smoking" and "no vaping" signs, pursuant to WAC 110-300-0420 (2)(f);

(l) A copy of a department approved waiver or variance from a rule of this chapter, if applicable. Waivers or variances must be posted for parent or guardian view when related to the overall program (not related to any specific child), and as long as the waiver or variance is approved;

(m) Insurance coverage, or a lapse or termination of such coverage if applicable, pursuant to RCW 43.216.700; and

(n) Any other information listed in RCW 43.216.687.

History

WSR 18-15-001, recodified as § 110-300-0505, filed 7/5/18, effective 7/5/18. Statutory Authority: RCW 43.215.070, 43.215.201 and chapter 42.56 RCW. WSR 18-14-079, § 170-300-0505, filed 6/30/18, effective 8/1/19.

Chapter 110-301 Foundational quality standards for school-age programs.

Wash. Admin. Code § 110-301-0001 Intent and authority.

(1) The department of children, youth, and families was established under chapter 6, Laws of 2017. Chapter 43.216 RCW establishes the department's responsibility and authority to set and enforce licensing requirements, including the authority to adopt rules to implement chapter 43.216 RCW.

(2) This chapter reflects the department's commitment to:

(a) Promoting the health, safety, and well-being of children;

(b) Expanding access to high quality school-age programs to improve outcomes for children;

(d) Recognizing parents and guardians as a child's primary teacher and advocate.

(3) Pursuant to this chapter, the department will periodically monitor and assess a school-age program to determine compliance with these foundational quality standards.

(4) Pursuant to RCW 43.216.250 (2)(b), the provisions of this chapter governing the physical facility, including buildings and other physical structures attached to buildings and premises, do not apply to licensed school-age programs that operate in facilities used by public or private schools. The department regulates only health, safety, and quality standards that do not relate to the physical facility for programs operating in facilities used by public or private schools.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0001, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0005 Definitions.

The following definitions apply to this chapter:

"Abuse or neglect" means the same as defined in RCW 26.44.020.

"Accessible to children" means items, areas, or materials of a school-age program that a child can reasonably reach, enter, use, or get to on their own.

"Accommodations" means program activities, spaces, and materials that have been adapted to help children and adults with special needs function within their surroundings.

"Active supervision" or "actively supervise" means a heightened standard of care beyond supervision. This standard requires a school-age provider to see and hear the children they are responsible for during higher risk activities. The provider must be able to prevent or instantly respond to unsafe or harmful events.

"ADA" refers to the Americans with Disabilities Act.

"Aide" is a person who offers support to the school-age program staff.

"Annual" or "annually" means an event that occurs each calendar year, not to exceed 365 days between occurrences.

"Applicant" means an individual who has made a formal request for a child care license, certification, exemption, or portable background check.

"Appropriate" when used to refer to program or educational materials means that the materials will interest and challenge children in terms of their ages and abilities.

"Appropriately" means correct or properly suited for a particular situation.

"Assistant teacher" is a person whose work is to assist a lead teacher, site director, or program director in providing instructional supports to children and implementing a developmentally appropriate program. The assistant teacher must carry out assigned tasks under the supervision of a lead teacher, site director, or program director.

"ASTM" refers to the American Society for Testing and Materials.

"Bathroom" means a room containing a built-in, flush-type toilet.

"Bias" means a tendency to believe that some people or ideas are better than others that usually results in treating some people unfairly.

"CACFP" means the Child and Adult Care Food Program established by Congress and funded by the United States Department of Agriculture (USDA).

"Capacity" means the maximum number of children a school-age program is authorized by the department to have in care at any given time. This includes any children on-site at the school-age program and any children in transit to or from the program or other activities such as field trips while the children are signed in to the care of the program.

"Certificate of exemption (COE)" means a form that is approved by the DOH and consistent with the requirements of WAC 246-105-050, or an immunization form produced by the state immunization information system.

"Certificate of immunization status (child)" means a form that is approved by the DOH and consistent with the requirements of WAC 246-105-050, or an immunization form produced by the state immunization information system.

"Certification" means, as applied to the licensing process, department approval of a person, home, or facility that is exempt from licensing but requests evidence that the program meets these foundational licensing standards.

"Child" means an individual who is five years of age through 12 years of age and is attending a public or private school or is receiving home-based instruction under chapter 28A.200 RCW.

"Child care" refers to supervision of children outside the child's home for periods of less than 24 hours a day.

"Chromated copper arsenate" or "CCA" is a wood preservative and insecticide that contains roughly 22 percent arsenic, a known carcinogen. The United States restricted the use of CCA on residential lumber in 2003, but it can still be found on older decks and playground equipment. Information about the health hazards of arsenic can be found on the DOH's website.

"Confidential" means the protection of personal information, such as the child's records, from individuals who are not authorized to see or hear the information.

"Consistent care" means providing steady opportunities for children to build emotionally secure relationships by primarily interacting with a limited number of school-age program staff.

"Continuous" means without interruptions, gaps, or stopping.

"Core competencies" are standards required by the department that detail what a school-age provider needs to know and is able to do to provide quality care and education for children and their families.

"CPSC" means the United States Consumer Product Safety Commission.

"Cultural" or "culturally" means in a way that relates to the ideas, customs, and social behavior of different societies.

"Department of children, youth, and families," "DCYF," or "the department" refers to the Washington state department of children, youth, and families.

"Developmentally appropriate" means:

(a) A school-age provider interacts with each child in a way that recognizes and respects the child's chronological and developmental age;

(b) Knowledge about how children grow and learn;

(d) Interactions and activities are planned with the developmental needs of the individual child in mind.

"Disability" or "disabilities" has the same meaning in this chapter as in RCW 49.60.040(7), the Washington law against discrimination.

"Disaster" means a sudden event, such as an accident or natural catastrophe, that causes great damage or loss of life.

"Discipline" means a method used to redirect a child in order to achieve a desired behavior.

"Disinfect" means to eliminate virtually all germs from an inanimate surface by the process of cleaning and rinsing, followed by:

(a) The application of a fragrance-free chlorine bleach and water solution following the DOH's current guidelines for mixing bleach solutions for child care and similar environments; or

"Disinfectant" means a chemical or physical process that kills bacteria and viruses.

"DOD" means the United States Department of Defense.

"DOH" refers to the Washington state department of health.

"Drinking water" or "potable water" is water suitable for drinking by the public as determined by the DOH or a local health jurisdiction.

"Electronic record" means a record generated, communicated, received or stored by electronic means for use in an information system or for transmission from one information system to another.

"Electronic workforce registry" refers to the Washington state department of children, youth, and families' current database of professional records of individual school-age providers.

"Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.216.325. A school-age provider may contest enforcement actions and seek an adjudicative proceeding pursuant to chapter 110-03 WAC.

"EPA" means the United States Environmental Protection Agency.

"Equivalent" when referring to staff qualifications means an individual is allowed to meet the requirements of this chapter through a department recognized alternative credential, or demonstration of competency, that indicates similar knowledge as the named credential.

"Exempt" or "exemption" means, as applied to immunizations, a type of immunization status where a child has not been fully immunized against one or more vaccine preventable diseases required by chapter 246-105 WAC for full immunization due to medical, religious, philosophical or personal reasons. Under chapter 362, Laws of 2019, if a child plans on attending or is attending a school-age program, a philosophical or personal objection may not be used to exempt a child from the measles, mumps, and rubella vaccine.

"Expel" or "expulsion" means to end a child's enrollment in a school-age program. A school-age provider will end a child's enrollment if the provider is unable to meet a child's needs due to the child's challenging behavior.

"Facility Licensing Compliance Agreement (FLCA)" means an agreement issued by the department in lieu of the department taking enforcement action against a school-age provider.

"FDA" means the United States Food and Drug Administration.

"Food worker card" means a food and beverage service worker's permit as required under chapter 69.06 RCW.

"Foundational quality standards" refers to the administrative and regulatory requirements contained within this chapter. These standards are designed to promote the development, health, and safety of children enrolled in a school-age program. The department uses these standards to equitably serve children, families, and school-age providers throughout Washington state.

"Good repair" means about 80 percent of materials and components are unbroken, have all their pieces, and can be used by children as intended by the manufacturer or builder.

"Immunization" is the process of administering a vaccine to make a person immune or resistant to an infectious disease.

"Inaccessible to children" means a method to prevent a child from reaching, entering, using, or getting to items, areas, or materials of a school-age program.

"Inactive" when used by the department to indicate a licensing status, means a school-age provider who has requested and has been approved to temporarily cease caring for children and close their school-age program.

"Individual care plan" means a specific plan to meet the individual needs of a child with a food allergy, special dietary requirement due to a health condition, other special needs, or circumstances.

"Inspection report" refers to a written or digital record developed by the department that identifies violations of licensing standards.

"Internal review process" has the same meaning in this chapter as in RCW 43.216.395.

"Lead teacher" means a school-age provider who works as the lead staff person in charge of a child or group of children and implements activity programs.

"License" means a permit issued by the department legally authorizing an applicant to operate a school-age program.

"Licensed space" means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care in a school-age program.

"Licensee" means an individual or legal entity listed on a license issued by the department, authorized to provide child care in a school-age program.

"Lockdown" means restricted to an interior room with few or no windows while the facility or building is secured from a threat.

"Locking mechanism" means a lock that requires a key, tumbler, dial, passcode, touchpad, or similar device or method to lock and unlock.

"Modification" when used in reference to a school-age provider's licensing status, means an enforcement action by the department to change the conditions identified on a licensee's current license.

"Nonexpiring license" means a license that is issued to a school-age provider following the initial licensing period, pursuant to chapter 43.216 RCW.

"Operating hours" means the hours listed in a school-age program parent handbook when the program is open and providing care and services to children.

"OSPI" means the Washington state office of superintendent of public instruction.

"Parent" or "guardian" means birth parent, custodial parent, foster parent, legal guardian or those authorized by the parent or entity legally responsible for the welfare of the child.

"Peer interaction" refers to relationships children have with one another, which includes how children play together, communicate, and whether they fight or get along.

"Personal needs" means a school-age provider's toileting or medication needs. Personal needs do not include smoking or use of tobacco products, illegal drug use or misuse or prescription drugs, conducting business or related activities, sleeping or napping, screen time, or leaving children in care unattended.

"Pest" means an animal, plant, or insect that has a harmful effect on humans, food, or living conditions.

"Pesticide" refers to chemicals used to kill pests.

"Pet" means a domestic or tamed animal or bird kept for companionship or pleasure.

"Physical barrier" means a nonclimbable fence or a wall that is at least five feet tall and has no openings greater than two inches or a gate or door that allows entry to and exit from a body of water and has the following requirements in addition to those already listed: A locking mechanism, a self-closing or self-latching device, and a device used to open the locks which is inaccessible to children but readily available to staff.

"Physical restraint" means holding a child as gently as possible for the minimum amount of time necessary to control a situation where that child's safety or the safety of others is threatened.

"Poison" includes, but is not limited to, substances, chemicals, chemical compounds (other than naturally occurring compounds such as water or salt), or similar items that, even in small quantities, are likely to cause injury or illness if it is swallowed or comes into contact with a child's skin, eyes, mouth, or mucus membranes.

"Premises" means the licensed and unlicensed space at the licensed address including, but not limited to, buildings, land, and residences.

"Preservice training" means professional development standards or requirements for school-age program staff prior to hiring or within a department specified time frame and delivered or approved by the department.

"Probationary license" has the same meaning as in RCW 43.216.010(23).

"Professional development support plan" is a formal means by which an individual who is supervising staff sets out the goals, strategies, and outcomes of learning and training.

"Program director" means the person responsible for the overall management of a school-age program including the facility and operation. The program director is not responsible for being on-site at the program, unless the program director is filling in for an on-site role.

"Program philosophy" means a written statement of principles developed by a school-age provider to form the basis of the program's activities in relation to a child's development.

"RCW" means the Revised Code of Washington.

"Readily available" means able to be used or obtained quickly and easily.

"Revocation" or "revoke" when used in reference to a school-age provider's licensing status, means an enforcement action by the department to close a school-age program and permanently remove the license.

"Routine care" means typical or usual care provided to a child during the time the child is enrolled in the school-age program (for example: Feeding, toileting, playing, and learning).

"Safe route" means a way or course taken to get from a starting point to a destination that is protected from danger or risk.

"Safety plan" means a written plan to implement program changes to bring a school-age program into compliance with this chapter and chapter 43.216 RCW.

Safety plans are developed at meetings involving at least a school-age provider and a department licensor and supervisor. Safety plans detail changes the provider needs to make to mitigate the risk of direct and indirect harm to children enrolled in the school-age program. Program changes must be agreed to in writing and signed by all participants at the meeting.

Safety plans expire 30 calendar days after being signed by all parties. Safety plans may only be extended for an additional 30 days and extensions may only be authorized by a department supervisor.

"Sanitize" means to reduce the number of microorganisms on a surface by the process of:

(a) Cleaning and rinsing with water at a high temperature pursuant to this chapter; or

(b) Cleaning and rinsing, followed by using:

(i) A fragrance-free chlorine bleach and water solution following the DOH's current guidelines for mixing bleach solutions for child care and similar environments; or

"School-age basics" means curriculum designed to meet the initial basic training requirement for school-age program staff working in a licensed or certified school-age child care program in Washington state.

"School-age child" means a child who is five years of age through 12 years of age and is attending a public or private school or is receiving home-based instruction under chapter 28A.200 RCW.

"School-age program" refers to regularly scheduled care for a group of children, five years of age through 12 years of age, who are attending public or private school or receiving home-based instruction under chapter 28A.200 RCW, for periods of less than 24 hours, licensed by the department.

"School-age program licensee" or "school-age licensee" means an entity licensed and authorized by the department to operate a school-age child care program.

"School-age program space" means the licensed indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care in a school-age program.

"School-age program staff" refers to all persons who work, substitute, or volunteer in a school-age program during hours when children are or may be present, excluding licensees.

"School-age provider" or "provider" refers to a licensee or designee who works in a school-age program during hours when children are or may be present. Designees include program directors, site directors, lead teachers, assistant teachers, aides, and volunteers.

"Screen time" means watching, using, or playing television, computer, video games, video or DVD players, mobile communication devices, or similar devices.

"Serious injury" means:

(a) An injury resulting in an overnight hospital stay;

(b) A severe neck or head injury;

(d) Severe bleeding;

(e) Shock or an acute confused state;

(f) Sudden unconsciousness;

(g) Dangerous chemicals in eyes, on skin, or ingested;

(h) Near drowning;

(i) One or more broken bones;

(j) A severe burn requiring professional medical care;

(k) Poisoning; or

(l) An overdose of a chemical substance.

"Sign" means an individual formally placing their name or legal mark on a document by physical signature or electronic signature.

"Site director" means the school-age provider responsible for planning and implementing the school-age program services under the oversight of the program director. The site director is responsible for being on-site during the program's operating hours and providing regular supervision of staff and volunteers.

"Staff" means any school-age provider providing care in the school-age program.

"Supervise" or "supervision" means a school-age provider must be able to see or hear the children they are responsible for at all times. A school-age provider 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. A school-age provider must also reposition themselves or the children to be aware of where children are and what they are doing during care. A school-age provider must reassess and adjust their supervision each time program activities change. See "active supervision" for a heightened standard of care.

"Suspend" when used in reference to a school-age provider's licensing status, means an enforcement action by the department to temporarily stop a license in order to protect the health, safety, or welfare of enrolled children or the public.

"Swimming pool" means a pool that has a water depth greater than two feet (24 inches).

"Technical assistance" means a service provided to a school-age provider by department staff or a contracted third party. The goal of technical assistance is to offer guidance, information, and resources to help a provider fully comply with the licensing requirements of this chapter and chapter 43.216 RCW.

"Transition" is the process or period of time to change from one activity or place to another.

"Unlicensed space" means the indoor and outdoor areas of the premises not approved by the department as licensed space that the school-age provider must make inaccessible to the children during program hours.

"Unsupervised access" as used throughout this chapter has the same meaning as in WAC 110-06-0020.

"Usable space" means the areas that are available at all times for use by children in a school-age program and meets licensing requirements.

"USDA" means the United States Department of Agriculture.

"Vapor product" means any:

(a) Device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;

(b) Cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or

(c) Solution or substance intended for use in such a device including, but not limited to, concentrated nicotine, nonnicotine substances, or supplemental flavorings. This includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, hookahs, steam stones, vape pens, or similar products or devices, as well as any parts that can be used to build such products or services. "Vapor product" does not include any drug, device, or combination product approved for sale by the FDA that is marketed and sold for such approved purpose.

"Variance" is an official approval by the department to allow a school-age program to achieve the outcome of a rule or rules in this chapter in an alternative way than described due to the needs of a unique or specific program approach or methodology. The department may grant a request for variance if the proposed alternative provides clear and convincing evidence that the health, welfare, and safety of all enrolled children is not jeopardized. A school-age provider does not have the right to appeal the department's disapproval of request for variance under chapter 110-03 WAC. The provider may challenge a variance disapproval on a department form.

"Volunteer" includes any person who provides labor or services to a school-age provider but is not compensated with employment pay or benefits. A volunteer must never have unsupervised access to a child unless the volunteer is the parent or guardian of that child or is an authorized person pursuant to WAC 110-301-0345. "Unsupervised access" has the same meaning here as in WAC 110-06-0020.

"WAC" means the Washington Administrative Code.

"Wading pool" means a pool that has a water depth of less than two feet (24 inches).

"Waiver" is an official approval by the department allowing a school-age provider not to meet or satisfy a rule in this chapter due to specific needs of the program or an enrolled child. The department may grant a request for waiver if the proposed waiver provides clear and convincing evidence that the health, welfare, and safety of all enrolled children is not jeopardized. A school-age provider does not have the right to appeal the department's disapproval of a waiver request under chapter 110-03 WAC. The provider may challenge a waiver disapproval on a department form.

"Washington state early learning and development guidelines" refers to guidelines published by the department, OSPI, and thrive Washington for children birth through third grade that outlines what children know and are able to do at different stages of their development.

"Water activities" means school-age program activities in which enrolled children swim or play in a body of water that poses a risk of drowning for children. Water activities do not include using sensory tables.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-301-0005, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0005, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0010 License required.

(1) An individual or entity that operates a school-age program must be licensed by the department as a school-age program, pursuant to RCW 43.216.295, unless exempt under RCW 43.216.010(2) and WAC 110-301-0025.

(2) The department must not license a department employee or a member of the employee's household if the employee is involved directly, or in an administrative or supervisory capacity, in the:

(a) Licensing process;

(b) Placement of a child in a licensed school-age program; or

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0010, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0015 Program director and site director simultaneous absence.

(1) The licensee must have a written plan for when the program director and site director will be simultaneously absent but the program remains open for the care of children. If the program director and site director are simultaneously absent for more than ten consecutive operating days, a school-age provider must submit a written notification to the department and each child's parent or guardian at least two business days prior to the planned absence.

(2) A written notification under this section must include the following information:

(a) The time period of the absence;

(b) Emergency contact information for the absent school-age provider; and

(i) A staffing plan that meets child-to-staff ratios;

(ii) Identification of a lead teacher to be present and in charge;

(iii) School-age program staff roles and responsibilities;

(iv) How each child's needs will be met during the absence; and

(v) The responsibility for meeting licensing requirements.

(3) If a school-age program fails to comply with licensing regulations during an absence described in this section, the school-age provider must:

(a) Retrain school-age program staff on the requirements of the rules noted on the inspection report; and

(b) Document when the retraining occurred.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0015, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0016 Inactive status—Voluntary and temporary closure.

(1) If a school-age licensee plans to temporarily close their school-age program for more than thirty calendar days, and this closure is a departure from the program's regular schedule, a school-age provider must submit a notification to go on inactive status to the department at least two business days prior to the planned closure. Notifications for inactive status must include:

(a) The date the school-age program will cease operating;

(b) The reasons why the licensee is going on inactive status; and

(2) The requirements of this section do not apply to licensed school-age programs that have temporary closures beyond thirty calendar days as part of their regular schedule, such as programs based on the school year or seasonal occupation.

(3) A licensee may not request inactive status during their first initial licensing period (six months) unless for an emergency.

(4) A school-age provider must inform parents and guardians that the program will temporarily close.

(5) A school-age provider is responsible for notifying the department of changes to program status including voluntary closures, new staff, or other program changes. Program status updates must also be completed in the department's electronic system.

(6) Background check rules in chapter 110-06 WAC, including allegations of child abuse or neglect, will remain in effect during inactive status.

(7) After receiving a notice of inactive status, the department will:

(a) Place the license on inactive status;

(b) Inform the licensee that the license is inactive; and

(i) The department's child care subsidy programs;

(ii) CACFP; and

(iii) Child care aware of Washington.

(8) A licensee is still responsible for maintaining annual compliance requirements during inactive status pursuant to RCW 43.216.305.

(9) If inactive status exceeds six months within a twelve-month period, the department must close the license. The licensee must reapply for licensing pursuant to RCW 43.216.305(3).

(10) The department may pursue enforcement actions after three failed attempts to monitor a school-age program if the:

(a) School-age provider has not been available to permit the monitoring visits;

(b) Monitoring visits were attempted within a three-month time period; and

(c) Department attempted to contact the provider by phone during the third attempted visit while still on the school-age program premises.

(11) When a licensee is ready to reopen after a temporary closure, the licensee must notify the department in writing. After receiving notice of the intent to reopen, the department will:

(a) Conduct a health and safety visit of the school-age program within ten business days to determine that the provider is in compliance with this chapter;

(b) Activate the license and inform the licensee that the license is active; and

(i) The department's child care subsidy programs;

(ii) CACFP; and

(iii) Child care aware of Washington.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0016, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0020 Unlicensed programs.

(1) If the department suspects that an individual or agency is operating an unlicensed school-age program, the department must follow the requirements of RCW 43.216.360.

(2) If an individual or agency decides to obtain a license, within thirty calendar days from the date of the department's notice in subsection (1) of this section, the individual or agency must submit a written agreement on a department form stating they agree to:

(a) Attend and participate in the next available department licensing orientation; and

(b) Submit a licensing application after completing orientation.

(3) The department's written notice under subsection (1) of this section must inform the individual or agency operating an unlicensed school-age program:

(a) That the individual or agency must stop operating an unlicensed school-age program, pursuant to RCW 43.216.360;

(b) How to respond to the department;

(d) How a fine, if issued, may be suspended or withdrawn if the individual applies for a license;

(e) That the individual has a right to request an adjudicative proceeding (hearing) if a fine is assessed; and

(f) How to ask for a hearing, under chapter 34.05 RCW (Administrative Procedure Act), chapter 43.216 RCW, and chapter 110-03 WAC (department hearing rules).

(4) If an individual or agency operating an unlicensed school-age program does not submit an agreement to obtain a license as provided in subsection (2) of this section within thirty calendar days from the date of the department's written notice, the department will post information on its website that the individual is operating a school-age program without a license.

(5) An individual operating an unlicensed school-age program:

(a) Will be guilty of a misdemeanor pursuant to RCW 43.216.365; and

(b) May be subject to an injunction pursuant to RCW 43.216.355.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0020, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0025 Certified and exempt programs.

(1) The department must not license a school-age program that is legally exempt from licensing pursuant to RCW 43.216.010(2). However, if a school-age program requests to become certified by the department, the department must apply all licensing rules to the otherwise exempt program. In such a case, the department must apply licensing rules equally to licensed and certified school-age programs.

(2) The department may certify an otherwise exempt school-age program for subsidy payment without further inspection if the program is:

(b) Certified by the DOD; or

(3) A school-age program exempt from licensing pursuant to RCW 43.216.010(2) must use the department's form to submit their exempt status.

(4) A school-age program requesting certification must be located on the premises over which the tribe, DOD, or OSPI has jurisdiction.

(5) A school-age program regulated by a tribe, the DOD, or OSPI may request certification:

(a) For subsidy payment only; or

(b) As meeting foundational quality standards of this chapter.

(6) The department must not certify a department employee or a member of their household when the employee is involved directly, or in an administrative or supervisory capacity, in the:

(a) Certification process;

(b) Placement of a child in a certified program; or

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0025, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0030 Nondiscrimination.

(1) A school-age program is defined by state law as a place of public accommodation that must:

(b) Comply with the requirements of the Washington law against discrimination (chapter 49.60 RCW) and the ADA.

(2) A school-age program must have a written nondiscrimination policy addressing at least the factors listed in subsection (1) of this section.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0030, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0035 Department access to agency premises, records, programs, and staff.

(1) Pursuant to RCW 43.216.250(8), an applicant or school-age program must grant reasonable access to the department during the program's hours of operation for the purpose of announced or unannounced inspections.

(a) Applicants, licensees, and school-age program staff must allow the department's authorized staff to inspect the indoor and outdoor licensed space and any adjacent enclosures, areas, spaces, substances, machinery, or devices that may directly impact the health, safety, or well-being of enrolled children to verify compliance with the requirements of this chapter and chapter 43.216 RCW. However, under RCW 43.216.250 (2)(b), department licensors are authorized to inspect only health, safety, and quality standards that do not relate to the physical facility for a school-age program operating in facilities used by public or private schools.

(b) For the purposes of this chapter "hours of operation" means the hours of the day that a licensee offers school-age program services as reported to the department on the license application or modification paperwork, or as indicated in the parent or guardian handbook.

(2) The department may deny, suspend, revoke, or not continue a license when an applicant, licensee, or program staff refuses to allow the department's authorized staff access to any of the following:

(a) Information relevant to the school-age program;

(b) The agency's premises pursuant to subsection (1) of this section;

(d) Staff members; or

(e) Children in care.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0035, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0085 Family partnerships and communication.

(1) A school-age provider must attempt to obtain information from each child's family about that child's developmental, behavioral, health, linguistic, cultural, social, and other relevant information. The provider must make this attempt upon that child's enrollment and annually thereafter.

(2) A school-age provider must determine how the program can best accommodate each child's individual characteristics, strengths, and needs. The provider must utilize the information in subsection (1) of this section and seek input from family members and staff familiar with a child's behavior, developmental, and learning patterns.

(3) A school-age provider must:

(a) Attempt to discuss with parents or guardians information including, but not limited to:

(i) A child's strength in areas of development, health issues, special needs, and other concerns.

(ii) Family routines or events, approaches to parenting, family beliefs, culture, language, and child rearing practices;

(iii) Internal transitions within the school-age program and transitions to external services or programs, as necessary;

(iv) Collaboration between the provider and the parent or guardian in behavior management; and

(b) Give parents or guardians the school-age program's contact information for questions or concerns;

(d) Arrange a confidential time and space for individual conversations regarding children, as needed;

(e) Allow parents or guardians access to their child during normal hours of operation, except as excluded by a court order; and

(f) Communicate verbally or in writing:

(i) Changes in drop-off and pickup arrangements as needed; and

(ii) Daily activities.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0085, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0100 General staff qualifications.

WAC 110-301-0100

All school-age providers must meet the following requirements prior to working:

(1) School-age program licensees must meet the requirements of a program director listed in subsection (2) of this section or hire a program director who meets the qualifications prior to being granted an initial license. School-age program licensees who fulfill the role of program director in their school-age program must complete all trainings and requirements for program director.

(2) Program directors manage the overall school-age program operations and facilities and set appropriate program and staff expectations. The program director is not responsible for being on-site at the program, unless the program director is filling in for an on-site role.

(a) A program director must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Complete 45 college credits in any 100-level or above college coursework or equivalent as approved and verified in the electronic workforce registry by the department. A program director must have completed 12 college credits in any 100-level or above coursework or equivalent prior to being hired or promoted, and complete an additional 33 college credits in any 100-level or above coursework or equivalent within five years of the time of hire or promotion;

(iii) Complete the applicable preservice requirements, pursuant to WAC 110-301-0105; and

(iv) Have their continued professional development progress documented annually.

(b) A program director must provide the following services:

(i) A program director may fill in as a site director or teacher if acting in this role does not interfere with the responsibilities of managing the school-age program;

(ii) Comply with foundational quality standards;

(iii) Develop a program philosophy, communicate the philosophy to all school-age program staff, parents, and guardians, and train staff to ensure the philosophy serves all children in the program (or designate a site director with this responsibility);

(iv) Have knowledge of community resources available to families, including resources for children with special needs and be able to share these resources with families (or designate a site director with this responsibility); and

(v) Oversee professional development plans for school-age program staff including, but not limited to:

(A) Providing support to staff for creating and maintaining staff records;

(B) Setting educational goals with staff and locating or coordinating state-approved training opportunities for staff; and

(3) Site directors plan and implement the school-age program services under the oversight of a program director. The site director is responsible for being on-site during the program's operating hours.

(a) A site director must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Complete 30 college credits in any 100-level or above college coursework or equivalent as approved and verified in the electronic workforce registry by the department. A site director must have completed 12 college credits in any 100-level or above coursework or equivalent prior to being hired or promoted, and complete an additional 18 college credits in any 100-level or above coursework or equivalent within five years of the time of being hired or promoted;

(iii) Complete the applicable preservice requirements, pursuant to WAC 110-301-0105; and

(iv) Have their continued professional development progress documented annually.

(b) A site director performs the following duties:

(i) Plan and implement curriculum and environmental design of the school-age program;

(ii) Be on-site providing regular supervision of staff and volunteers;

(iii) Comply with foundational quality standards;

(iv) Act as a teacher as long as it does not interfere with the site director's primary responsibilities; and

(v) Observe and mentor staff.

(c) One person may be the program director and the site director when qualified for both positions, provided that all requirements of subsection (2)(a) of this section are met.

(d) For program continuity, a lead teacher can fill in for a site director up to two weeks. If longer than two weeks, the licensee or program director must notify the department with a plan for how the site director's responsibilities will be managed during the site director's absence.

(4) Lead teachers are responsible for implementing the school-age program. Lead teachers develop and provide a nurturing and responsive environment that meets the needs of enrolled children. A lead teacher must meet the following qualifications:

(a) Be at least 18 years old;

(b) Have a high school diploma or equivalent;

(c) Have completed 12 college credits in any 100-level or above college coursework or equivalent as approved and verified in the electronic workforce registry by the department within five years from being hired or promoted into this position at any licensed school-age program, whichever comes later;

(d) Complete the applicable preservice requirements, pursuant to WAC 110-301-0105; and

(e) Have their professional development progress documented annually.

(5) Assistant teachers help a lead teacher provide instructional support to children and implement developmentally appropriate programming.

(a) An assistant teacher must meet the following qualifications:

(i) Be at least 18 years old;

(ii) Have a high school diploma or equivalent; and

(iii) Complete the applicable preservice requirements, pursuant to WAC 110-301-0105.

(b) Assistant teachers may work alone with children with regular, scheduled, and documented oversight and on-the-job training from the lead teacher who is primarily responsible for the care of the same group of children for the majority of their day.

(c) For continuity of care, assistant teachers can act as a substitute lead teacher up to two weeks. If longer than two weeks, the program director or site director must notify the department with a plan for how the lead teacher's responsibilities will be managed during the lead teacher's absence.

(6) Aides provide classroom support to an assistant teacher, lead teacher, site director, or program director. Aides must meet the following qualifications:

(a) Be at least 14 years old;

(b) Have a high school diploma or equivalent, or be currently enrolled in high school or an equivalent education program;

(d) Aides may be counted in the staff-to-child ratio if they are working under the continuous supervision of a lead teacher, site director, or program director.

(7) Other personnel who do not directly care for children and are not listed in subsections (1) through (6) of this section must meet the following qualifications:

(a) Complete and pass a background check, pursuant to chapter 110-06 WAC;

(b) Have a negative TB test, pursuant to WAC 110-301-0105; and

(8) Volunteers help at a school-age program. Volunteers must meet the following qualifications:

(a) Be at least 14 years old and have written permission to volunteer from their parent or guardian if under 18 years old;

(b) Work under the continuous supervision of a lead teacher, site director, or program director;

(i) Complete and pass a background check, pursuant to chapter 110-06 WAC;

(ii) Complete a TB test, pursuant to WAC 110-301-0105;

(iii) Complete the training requirements, pursuant to WAC 110-301-0106; and

(iv) Complete program-based staff policies and training, pursuant to WAC 110-301-0110.

History

Statutory Authority: RCW 43.216.755 and 2025 c 281. WSR 26-14-116, s 110-301-0100, filed 7/1/26, effective 8/1/26. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0100, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0105 Preservice requirements.

(1) All applicants, co-applicants, program directors, and site directors must complete a department provided orientation for school-age programs. Prior to being in charge of the school-age program, those newly promoted or assuming a role of one of the roles listed here must complete or be registered in a department provided orientation training.

(2) A school-age provider must complete and pass a department background check, pursuant to chapter 110-06 WAC.

(3) A school-age provider, including volunteers must provide documentation signed within the last twelve months by a licensed health care professional of tuberculosis (TB) testing or treatment consisting of:

(a) A negative TB symptom screen and negative TB risk assessment;

(b) A previous positive FDA-approved TB test and a current negative chest radiograph and documentation of clearance to safely work in a school-age program; or

(i) A current negative FDA-approved TB test;

(ii) A previous or current positive FDA-approved TB test; and

(iii) A current negative chest radiograph and documentation of clearance to safely work in a school-age program.

(4) Upon notification of TB exposure, a school-age provider may be required to be retested for TB as directed by the local health jurisdiction.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0105, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0106 Training requirements.

(1) A school-age provider licensed, working, or volunteering in a school-age program must complete the applicable training requirements of subsections (4) through (9) of this section within three months of the date of hire and prior to working in an unsupervised capacity with children unless otherwise indicated. State or federal rules may require health and safety training described under this chapter to be renewed annually.

(2) License applicants and school-age providers must register with the electronic workforce registry prior to being granted an initial license or working with children in an unsupervised capacity.

(3) License applicants, program directors, site directors, lead teachers, and assistant teachers must complete the school-age basics training as approved or offered by the department:

(a) Prior to being granted a license; or

(b) Prior to working unsupervised with children.

(4) A school-age provider must complete the recognizing and reporting suspected child abuse, neglect, and exploitation training as approved or offered by the department according to subsection (1) of this section. Training must include the prevention of child abuse and neglect as defined in RCW 26.44.020 and mandatory reporting requirements under RCW 26.44.030.

(5) A school-age provider must complete the emergency preparedness training as approved or offered by the department according to subsection (1) of this section.

(6) A school-age provider must complete the serving children experiencing homelessness training as approved or offered by the department according to subsection (1) of this section.

(7) Program directors, site directors, and lead teachers must complete the medication management and administration training as approved or offered by the department prior to giving medication to an enrolled child, or as indicated in subsection (1) of this section.

(8) A school-age provider who directly cares for children must complete the prevention of exposure to blood and bodily fluids training that meets Washington state department of labor and industries' requirements prior to being granted a license or working with children. This training must be repeated pursuant to Washington state department of labor and industries regulations.

(9) Program directors, site directors, lead teachers, assistant teachers and any other school-age provider counted in staff-to-child ratio, or who could potentially be counted in ratio, must be trained in adult and pediatric first aid and adult and pediatric cardiopulmonary resuscitation (CPR) and:

(a) At least one school-age provider counted in staff-to-child ratio for each group of children must have current adult and pediatric first-aid and CPR certificates;

(b) Proof of training can be shown with a certification card, certificate, or instructor letter; and

(c) The trainings for adult and pediatric first aid and CPR must include a live, hands-on component demonstrated in front of an instructor either in-person or remotely who is certified by the American Red Cross, American Heart Association, Health and Safety Institute, or other nationally recognized certification program.

(10) A school-age provider who prepares or serves food to children at a school-age program must obtain a current food worker card prior to preparing or serving food. Food worker cards must:

(a) Be obtained through the local health jurisdiction, in-person or online; and

(b) Be renewed prior to expiring.

History

Statutory Authority: RCW 43.216.692, 43.216.020, 43.216.250, chapters 43.216, 42.56 RCW, 42 U.S.C. ss 9857 - 9858r, and 45 C.F.R. Part 98. WSR 25-10-051, s 110-301-0106, filed 5/1/25, effective 6/1/25
WSR 25-01-087, s 110-301-0106, filed 12/13/24, effective 1/13/25. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0106, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0107 In-service training.

(1) Program directors, site directors, lead teachers, and assistant teachers must complete ten hours of annual in-service training after twelve months of cumulative employment.

(a) Every thirty-six months, program directors and site directors must complete a minimum of ten hours of in-service training on "leadership practices."

(b) Leadership practices training includes the following Washington state core competencies: Program planning and development, and professional development and leadership.

(3) Only five in-service training hours that exceed the requirements of subsection (1) of this section may be carried over from one calendar year to the next calendar year.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0107, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0110 Program based staff policies and training.

(1) A school-age provider must have and follow written policies for school-age program staff. Staff policies must include those listed in subsections (2) and (3) of this section and must be reviewed and approved by the department prior to issuing a provider's initial license. The provider must notify the department when substantial changes are made.

(2) School-age program staff policies must include, but are not limited to:

(a) All of the information in the parent or guardian handbook except fees;

(b) Job descriptions, pay dates, and benefits;

(d) Expectations for attendance and conduct;

(e) School-age program staff responsibilities for:

(i) Child supervision requirements, including preventing children's access to unlicensed space;

(ii) Child growth and development;

(iii) Developmentally appropriate curriculum and activities;

(iv) Teacher-child interaction;

(v) Child protection, guidance, and discipline techniques;

(vi) Food service practices;

(vii) Off-site field trips, if applicable;

(viii) Transporting children, if applicable;

(ix) Health, safety, and sanitization procedures;

(x) Medication management procedures;

(xi) Medical emergencies, fire, disaster evacuation and emergency preparedness plans;

(xii) Mandatory reporting of suspected abuse or neglect, per RCW 26.44.020 and 26.44.030 and all other reporting requirements;

(xiii) Implementation of child's individual health care or special needs plan;

(xiv) Following nonsmoking, vaping, alcohol and drug regulations;

(xv) Religious, equity, and cultural responsiveness;

(xvi) Nondiscrimination;

(xvii) Planned daily activities and routines; and

(xviii) Evening and overnight care, if applicable.

(f) Staff responsibilities if the program director or site director is absent from the school-age program;

(g) A plan that includes how both administrative and child caretaking duties are met when a job requires such dual responsibilities; and

(h) Observation, evaluation, and feedback policies.

(3) A school-age provider must have and follow written policies requiring staff working, transitioning, or covering breaks with the same classroom or group of children to share applicable information with each other on a daily basis regarding:

(a) A child's health needs, allergies, and medication;

(b) Any change in a child's daily schedule;

(d) Any communications from the family; and

(e) Information to be shared with the family.

(4) A school-age provider must develop, deliver, and document the delivery of school-age staff training specific to the school-age program and premises.

(a) Training topics must include:

(i) Staff policies listed in subsections (2) and (3) of this section;

(ii) Chapter 43.216 RCW; and

(iii) Chapters 110-301 and 110-06 WAC.

(b) Training must be updated with changes in program policies and state or federal regulations.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-301-0110, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0110, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0111 Staff oversight.

(1) A school-age provider who oversees staff must:

(a) Establish a work plan with clear expectations;

(b) Be aware of what staff members are doing; and

(2) When the program director, site director, lead teacher, or assistant teacher is the only staff supervising an aide or volunteer, the aide or volunteer may be out of the supervisor's visual and auditory range only when the aide, volunteer, or supervisor is attending to personal needs.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0111, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0115 Staff records.

(1) A school-age provider must establish a records system for themselves, staff, and volunteers that complies with the requirements of this chapter. School-age program staff records must be:

(a) Verified by the licensee, program director or site director;

(b) Entered and maintained in the electronic workforce registry, if applicable. Paper records may be discarded once entered into the electronic workforce registry and confirmed by the department;

(c) Updated to delete staff names from the electronic workforce registry when they are no longer employed at the school-age program; and

(d) Kept on-site or in the program's administrative office in a manner that allows the department to review the records.

(2) Records for each school-age provider and staff member must include:

(a) First and last name;

(b) Date of birth;

(d) First and last day of employment, if applicable; and

(e) Proof of professional credentials, requirements, and training for each school-age staff member, pursuant to WAC 110-301-0100 through 110-301-0110.

(3) A licensee, program director, or site director must maintain the following records for each school-age provider and program staff in a confidential manner. These records must be reviewable by the department and must include at a minimum:

(a) A copy of current government issued photo identification;

(b) Emergency contact information;

(d) Annual observation, evaluation, and feedback information;

(e) The licensee's Social Security number, federal employer identification number, or a written document stating the licensee does not possess either; and

(f) Immunization records including exemption documents.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0115, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0120 Providing for personal, professional, and health needs of staff.

(1) A licensee must provide for the personal and professional needs of staff by:

(a) Having a place to store personal belongings that is inaccessible to children;

(b) Having a readily accessible phone to use for emergency calls or to contact the parents and guardians of enrolled children; and

(2) A school-age provider must be excluded from the school-age premises when that provider's illness or condition poses a risk of spreading a harmful disease or compromising the health and safety of others. The illnesses and conditions that require a staff member to be excluded are pursuant to WAC 110-301-0205.

(3) If a staff person has not been vaccinated, or shown documented immunity to a vaccine preventable disease, that person may be required by the local health jurisdiction or the department to remain off-site during an outbreak of a contagious disease described in WAC 246-110-010. A school-age program staff person or volunteer who has not been vaccinated against measles, mumps, and rubella or shown proof of immunity from measles must not be allowed on the school-age premises except as provided in (a) and (b) of this subsection.

(a) A school-age program may allow a person to be employed or volunteer on the school-age premises for up to thirty calendar days if the person signs a written attestation that the employee or volunteer has received the measles, mumps, and rubella vaccine, or is immune from measles, but requires additional time to obtain and provide their immunization records. The required records must include immunization records indicating the employee or volunteer has received the measles, mumps, and rubella vaccine; or records that show proof of immunity from measles through documentation of laboratory evidence of antibody titer or a health care provider's attestation of the person's history of measles sufficient to provide immunity against measles.

(b) A school-age program may allow a person to be employed or volunteer on the school-age premises if the person provides the school-age program with a written certification signed by a health care practitioner, as defined in RCW 28A.210.090(3), that the measles, mumps, and rubella vaccine is, in the practitioner's judgment, not advisable for the person. Subdivision (b) of this subsection does not apply if a person's health care practitioner determines that the measles, mumps, and rubella vaccine is no longer contraindicated.

(4) A school-age program's health policy, pursuant to WAC 110-301-0500, must include provisions for excluding or separating staff with a contagious disease described in WAC 246-110-010.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0120, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0130 Indoor school-age program space.

School-age program space, ramps, and handrails must comply with, be accessible to, and accommodate children and adults with disabilities as required by the Washington law against discrimination (chapter 49.60 RCW) and the ADA.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0130, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0135 Routine care, play, learning, relaxation, and comfort.

(1) A school-age provider must have accessible and child-size furniture and equipment in sufficient quantity.

(2) Furniture and equipment must be:

(a) Maintained in a safe working condition;

(b) Developmentally and age appropriate;

(d) Arranged in a way that does not interfere with other play equipment;

(e) Installed and assembled according to manufacturer's specifications;

(f) Stored in a manner to prevent injury; and

(g) Accessible to a child's height so that children can find, use, and return materials independently.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0135, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0140 Room arrangement, child-related displays, private space, and belongings.

(1) School-age materials and equipment must be visible, accessible to children in care, and arranged to promote and encourage independent access by children.

(2) A school-age provider must display age and developmentally appropriate school-age materials. Materials must be related to current activities and located so a child can find, use, and return materials independently.

(3) A school-age provider must offer, or allow a child to create, a place for privacy. This space must:

(a) Allow the provider to supervise children; and

(b) Include an area accessible to children who seek or need time alone or in small groups.

(4) A school-age provider must have extra clothing available for children who wet, soil, or have a need to change clothes.

(5) A school-age provider must ensure children have individual storage space for each child's belongings while in attendance. This may include, but is not limited to, a child's personal backpack or individual storage bins provided by the program. At a minimum, the space must be:

(a) Accessible to the child; and

(b) Large enough and spaced sufficiently apart from other storage space to:

(i) Store the child's personal articles and clothing; and

(ii) Promote or encourage children to organize their possessions.

(6) Child usable and accessible areas must be arranged to provide sufficient space for routine care, child play, and learning activities. These areas must be designed to:

(a) Allow the provider to supervise or actively supervise the children, depending on the nature of the activities;

(b) Allow children to move freely; and

(c) Allow for different types of activities at the same time, such as manipulatives, language and literary materials, art materials, table games, music, or dramatic play.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0140, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0145 Outdoor school-age program space.

(1) A school-age provider must visually inspect outdoor program space and equipment daily to ensure outdoor areas and equipment are free of hazards.

(2) Outdoor play space must contain a minimum of seventy-five square feet of licensed usable space per child accessing the play space at any given time. A school-age provider may develop an alternate plan if a school-age program does not have enough outdoor play space to accommodate all enrolled children at once, such as rotating groups of children to play outdoors or using an off-site play area. The department must approve alternate plans to use off-site play spaces.

(3) A school-age program must have shaded areas in outdoor play space provided by trees, buildings, or shade structures.

(5) Bouncing equipment including, but not limited to, trampolines, rebounders, and inflatable equipment must be inaccessible and locked. This requirement does not apply to bounce balls designed to be used by individual children.

(6) When the licensed outdoor play space is not immediately adjacent to the school-age program site, a school-age provider must use a safe route when moving to and from the licensed outdoor play space.

(7) For any program that does not operate on public or private school premises, licensed outdoor play areas must be enclosed with a fence or barrier that is intended to prevent children from exiting and discourages climbing. If the outdoor play area is enclosed by a barrier that is not a fence, the barrier may be a wall constructed with brick, stone, or a similar material.

(8) For any program that does not operate on public or private school premises, licensed outdoor play areas must be enclosed to deter people without permission from entering the area.

(9) For any program that does not operate on public or private school premises, fences, barriers, and gates must be in good condition, have no gap through which a sphere with a diameter of three and one-half inches can pass, and have a minimum height of forty-eight inches or conform in height to applicable local codes.

(10) For any program that does not operate on public or private school premises, the opening between a fence post and gate or fence post and building must have no gap through which a sphere with a diameter of three and one-half inches can pass.

(11) For any program that does not operate on public or private school premises, a school-age provider must not install any wooden fence, playground structure, or furniture if it contains chromated copper arsenate (CCA), creosote or pentachlorophenol. If wooden fences, structures, and furniture are suspected of having CCA, they must be tested. If CCA is present, fences, structures, and furniture must be removed or sealed with an oil-based outdoor sealant annually or as needed within six months of the date this section becomes effective.

(12) Within six months of the date this section becomes effective or prior to licensing, any program that does not operate on public or private school premises must have exiting mechanisms on gates from a licensed outdoor play area to unlicensed space that are equipped with a self-closing and self-latching mechanism (shuts automatically when released from an individual's control). A gate that is not an emergency exit must be locked or self-closing and self-latching.

(13) For any program that does not operate on public or private school premises, outdoor play areas must have two exits that must not be partially or entirely blocked. At least one of the two exits must not lead back into licensed indoor space.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0145, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0146 Equipment and surfaces in outdoor school-age program space.

This section is applicable to any program that does not operate on public or private school premises.

(1) Playground equipment and surfacing used by a school-age provider must comply with applicable CPSC guidelines including, but not limited to, installing, arranging, designing, constructing, and maintaining outdoor play equipment and surfacing.

(a) Climbing play equipment must not be placed on or above concrete, asphalt, packed soil, lumber, or similar hard surfaces; and

(b) The ground under swings and play equipment must be covered by a shock absorbing material (grass alone is not acceptable) such as:

(i) Pea gravel at least nine inches deep;

(ii) Playground wood chips at least nine inches deep;

(iii) Shredded recycled rubber at least six inches deep; or

(iv) Any material that has a certificate of compliance, label, or documentation stating it meets ASTM standards F1292.

(2) Permanently anchored outdoor play equipment must not be placed over septic tank areas or drain fields, and must be installed according to the manufacturer's directions.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0146, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0147 Weather conditions and outdoor hazards.

(1) A school-age provider must observe weather conditions and other possible hazards to take appropriate action for child health and safety. Conditions that pose a health or safety risk may include, but are not limited to:

(a) Heat in excess of 100 degrees Fahrenheit or pursuant to advice of the local authority;

(b) Cold less than 20 degrees Fahrenheit, or pursuant to advice of the local authority;

(d) Earthquake;

(e) Air quality emergency ordered by a local or state authority on air quality or public health;

(f) Lockdown notification ordered by a public safety authority; and

(g) Other similar incidents.

(2) A school-age provider must ensure children are dressed for weather conditions during outdoor play time.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0147, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0148 Gardens in outdoor school-age program space.

(1) A garden in a school-age program space must:

(a) Have safeguards in place to minimize risk of cross-contamination by animals;

(b) Use soil free from agricultural or industrial contaminants such as lead or arsenic if gardening directly in the ground;

(i) New soil that is labeled "organic" or "safe for children" and was obtained from a gardening supply store or other retail store; or

(ii) Composted soil made from material that is safe according to the Washington State University's extension master gardener composting guidelines; and

(d) Use water that comes from a private well approved by the local health jurisdiction or from a public water system. A school-age provider must make water for gardens inaccessible to children if the provider uses irrigation water.

(3) Any herbicide or pesticide must be applied pursuant to the product manufacturer's directions. The product must not be applied while children are present. Children must not apply the product or have access to the garden during the manufacturer's prescribed waiting period following application.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0148, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0150 Program and activities.

(1) A school-age provider must supply children in care with a variety of school-age materials that are age and developmentally appropriate and meet children's individual and cultural needs. School-age materials must be:

(a) Clean;

(b) Washable or disposable;

(d) Available to children in care appropriate to a child's age and developmental level;

(e) Nonpoisonous and free of toxins. If a school-age provider is using prepackaged art materials, the material packaging must be labeled "non-toxic" by the manufacturer and meet ASTM standard D-4236 as described in 16 C.F.R. 1500.14 (b)(8)(i);

(f) In good and safe working condition;

(g) Accommodating to special needs of children in care; and

(h) Removed from the school-age program space once an item has been recalled by CPSC.

(2) A school-age provider must ensure a sufficient quantity and variety of materials to engage children in the school-age program such as arts and crafts supplies, construction materials, manipulative materials, music and sound devices, table games, books, social living equipment, and gross motor materials such as balls and jump ropes. Materials must:

(a) Encourage both active physical play and quiet play activities;

(b) Promote imagination and creativity;

(d) Encourage social skill development;

(e) Promote numeracy, math, and spatial ability;

(f) Encourage discovery, exploration, and reasoning; and

(g) Promote learning skills.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0150, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0155 Use of television, video, and computers.

(1) If a school-age provider offers screen time to children in care, the screen time must be educational, developmentally and age appropriate, nonviolent, and culturally sensitive.

(2) Children must not be required to participate in screen time activities. Alternative activities must be provided to children in care when screen time is offered.

(3) Screen time must not occur during meals or snacks.

(4) Screen time must be limited to two and one-half hours per week for each child unless computer use is required for homework or a part of curriculum.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0155, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0160 Promoting acceptance of diversity.

(1) A school-age provider must provide culturally and racially diverse learning opportunities. Diverse learning opportunities must be demonstrated by the provider's activities and materials that represent all children, families, and staff. A provider must use equipment and materials that include, but are not limited to:

(a) Diverse dolls, books, pictures, games, or materials that do not reinforce stereotypes;

(b) Diverse music from many cultures in children's primary languages; and

(2) A school-age provider must intervene appropriately to stop biased behavior displayed by children or adults including, but not limited to:

(a) Redirecting an inappropriate conversation or behavior;

(b) Being aware of situations that may involve bias and responding appropriately; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0160, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0165 Safety requirements.

(1) A school-age provider must keep indoor and outdoor school-age program space, materials, and equipment free from hazards and in safe working condition. Equipment and toys purchased and used must be compliant with CPSC guidelines or ASTM standards. For any program that does not operate on public or private school premises, playground equipment and surfaces must meet the requirements of WAC 110-301-0146.

(2) A school-age provider must take steps to prevent hazards to children including, but not limited to:

(a) Ensuring firearms, guns, weapons, and ammunition are not on the premises of a school-age program; and

(b) For any program that does not operate on public or private school premises, eliminating and not using in the licensed space, pursuant to RCW 43.216.380, any window blinds or other window coverings with pull cords or inner cords capable of forming a loop and posing risk of strangulation to children.

(i) Window blinds and other window coverings that have been manufactured or properly retrofitted in a manner that eliminates the formation of loops posing a risk of strangulation are allowed; and

(ii) A window covering must not be secured to the frame of a window or door used as an emergency exit in a way that would prevent the window or door from opening easily.

(3) A school-age provider must take measures intended to prevent other hazards to children in care in school-age program space including, but not limited to:

(b) Burns. Equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;

(c) Sheering, crushing, or pinching. Broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;

(d) Entrapment. Spare or secondary freezers and refrigerators, washers, dryers, large compost bins, and other entrapment dangers must be inaccessible to children unless being actively supervised;

(e) Tripping. Tripping hazards must be eliminated. For any program that does not operate on public or private school premises, uneven walkways and damaged flooring or carpeting, or other tripping hazards must be removed or repaired;

(g) Equipment in poor condition. Equipment in poor condition (loose parts, rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.

(4) To ensure a safe environment for children in care, a school-age provider must comply with the following requirements:

(a) Safe noise levels. Noise levels must be maintained at a level in which a normal conversation may occur, except when children are engaged in gross motor activities;

(b) Stairway safety.

(i) There must not be clutter or obstructions in the stairway;

(ii) For any program that does not operate on public or private school premises, all stairways (indoor and outdoor), not including play structures, must meet local building codes pursuant to RCW 43.216.340.

(A) Open stairways with no walls on either side must have handrails with slats (balusters) that prevent a child from falling off either side of the stairway.

(B) Stairways with a wall on only one side must have a handrail with slats (balusters) on the side without the wall that prevents a child from falling off the stairway.

(C) Stairways with a wall on both sides must have a handrail no higher than thirty-eight inches on at least one side of the stairway.

(c) Indoor temperatures for the premises. For any program that does not operate on public or private school premises, the temperature of indoor school-age licensed space must be between 68 and 82 degrees Fahrenheit. If indoor licensed space is colder than 68 or hotter than 82 degrees Fahrenheit, a school-age provider must use climate control devices that are inaccessible to children to bring the temperature within the required range;

(d) Window openings. For any program that does not operate on public or private school premises, windows within the reach of children must only open up to three and one-half inches or have some barrier or preventative measure to discourage children from exiting through the window;

(e) Licensed space lighting. For any program that does not operate on public or private school premises, school-age program space must have natural or artificial light that provides appropriate illumination for school-age program activities and supervision. A provider must comply with all light fixture manufacturers' installation and use requirements. A provider must also ensure compliance with the following requirements:

(i) Light fixtures must have shatter-resistant covers or light bulbs;

(ii) Lights or light fixtures used indoors must be designed for indoor use only;

(iii) Free standing lamps must be attached or secured to prevent tipping; and

(iv) Halogen lamps and bulbs are prohibited.

(f) Safe water temperature. For any program that does not operate on public or private school premises, all water accessible to enrolled children must not be hotter than 120 degrees Fahrenheit; and

(g) Platforms and decks. For any program that does not operate on public or private school premises, all platforms and decks used for school-age program activities must meet local building codes pursuant to RCW 43.216.340. This does not include play equipment. All platforms and decks with a drop zone of more than eighteen inches must have guardrails in sections without steps.

(5) To ensure a safe environment for children in care, a school-age provider must comply with the following electrical requirements:

(a) Electrical cords must be in good working condition, not torn or frayed, and not have any exposed wires;

(b) Electrical cords must be plugged directly into a wall outlet or a power strip with surge protector;

(d) Electrical devices accessible to children must not be plugged into an electrical outlet near a water source such as a sink, tub, water table, or swimming pool; and

(e) For any program that does not operate on public or private school premises, outlets near sinks, tubs, toilets, or other water sources must be inaccessible to children or be tamper-resistant and equipped with a ground fault circuit interrupter (GFCI) outlet type.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0165, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0166 Emergency preparation and exiting.

(1) To be properly prepared for an emergency, a school-age program must have an emergency preparedness plan pursuant to WAC 110-301-0470.

(2) A school-age provider must have the following in case of an emergency:

(b) A working telephone must be available for use with sufficient backup power to function in an emergency.

(3) To ensure a safe exit from the premises during an emergency, the school-age provider must comply with the following requirements:

(a) Exit doors must not be partially or entirely blocked;

(b) For any program that does not operate on public or private school premises, emergency exit doors must remain unlocked from the inside, but may be locked from the outside while the school-age program is open. The door handle must be of the type that can be opened from the inside without the use of a key, tools, or special knowledge, and must automatically unlock when the knob or handle is turned; and

(c) Exit doors that are not designated as an emergency exit door may be locked during operating hours. For any program that does not operate on public or private school premises, locking interior doors in school-age program space must be designed to be unlocked from either side. An unlocking device must be readily available.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0166, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0170 Fire safety.

(1) For any program that does not operate on public or private school premises, a school-age provider must comply with the state building code, pursuant to RCW 19.27.031.

(2) For any program that does not operate on public or private school premises, a school-age provider must arrange for a fire safety inspection annually. A provider must arrange a fire safety inspection with a local government agency. If a local government agency is not available to conduct a fire safety inspection, a provider must inspect for fire safety using the state fire marshal form.

(3) To ensure a safe environment for children in care, a school-age provider must comply with the following fire safety requirements:

(a) Combustible materials. For any program that does not operate on public or private school premises, combustible materials:

(i) Must be properly discarded pursuant to local jurisdictions, removed from the premises, or properly stored in closed plastic or metal containers specifically designed to hold such combustible materials;

(ii) Stored in a closed plastic or metal container must be inaccessible to children in care; and

(iii) Include, but are not limited to, lint, gasoline, natural gas, diesel, fuel, propane, rags soaked in combustible materials, oils, chemicals, or solvents.

(b) Furnaces and other heating devices.

(i) An appliance or heating device that has a surface capable of burning a child or reaching 110 degrees Fahrenheit must be inaccessible to children in care unless a program activity involves such an appliance or device and children are being actively supervised;

(ii) For any program that does not operate on public or private school premises, paper, rubbish, or other combustible materials must be at least three feet from furnaces, fireplaces, or other heating devices; and

(iii) For any program that does not operate on public or private school premises, furnaces and other heating devices must be inaccessible to children in care.

(c) Electrical motors. For any program that does not operate on public or private school premises, electrical motor fans and appliances must be regularly cleaned to prevent accumulation of dust or lint.

(d) Open flame devices, candles, matches, and lighters.

(i) Except for the use of a gas kitchen range, open flame devices must not be used in school-age program space or any other space accessible to children in care during operating hours;

(ii) Candles must not be used during operating hours;

(iii) Matches and lighters must be inaccessible to children.

(e) Portable heaters and generators. Portable heaters or fuel powered generators must not be used inside school-age program space during operating hours.

(ii) Appliances must be plugged directly into a generator or into a heavy duty outdoor-rated extension cord that is plugged into a generator.

(f) Fire alarms and smoke and carbon monoxide detectors.

(i) For any program that does not operate on public or private school premises, a school-age program must have and maintain at least one smoke detector per floor, unless exempt under WAC 51-50-0907; and

(ii) For any program that does not operate on public or private school premises, a school-age program must have and maintain carbon monoxide detectors, unless exempt under WAC 51-50-0915.

(g) Backup method to sound an alarm. In addition to working smoke detectors, a school-age provider must have another method to alert all staff and enrolled children of a fire, emergency situation, or drill.

(h) Extinguishers. For any program that does not operate on public or private school premises, a school-age provider must have and maintain working fire extinguishers that are marked with a minimum rating of 2A:10 BC.

(i) Fire extinguishers must be located pursuant to the state building code chapter 51-54A WAC, and must be readily available for use in case of an emergency;

(ii) Fire extinguishers must be located on each level of the school-age program space used by children and mounted within seventy-five feet of an exit next to the path of the exit; and

(iii) If a fire extinguisher is mounted in a closet, there must be a sign indicating the location of the extinguisher and obstructions must not block access to the closet.

(i) Monthly inspections. For any program that does not operate on public or private school premises, a school-age provider must involve staff responsible for different groups of children or individual classrooms during monthly inspections. At least once per month, a provider must inspect the premises to identify possible fire hazards and eliminate any hazards found including, but not limited to:

(i) Fire extinguishers;

(ii) Smoke detectors;

(iii) Alternate alarms; and

(iv) Emergency lighting.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0170, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0175 Water hazards and swimming pools.

To prevent injury or drowning and ensure the health and safety of children, a school-age provider must comply with the requirements described in this section.

(1) Filtered wading pools must be inaccessible to children when not in use. Wading pools that do not have a filtering system are not permitted in the school-age program space.

(2) Bodies of water not located in school-age program space, but that are in close proximity, must be made inaccessible to children in care, and the school-age program must have a written plan approved by the department.

(3) If a school-age provider uses water tables or similar containers, the tables or containers must be emptied and sanitized daily, or more often if necessary.

(4) For any program that does not operate on public or private school premises, the following bodies of water must be inaccessible to children in care by using a physical barrier with a locking mechanism in compliance with WAC 246-260-031(4):

(a) Swimming pools when not being used as part of the school-age program;

(b) Ponds, lakes, storm retention ponds, ditches, fountains, fish ponds, landscape pools, or similar bodies of water; and

(c) Uncovered wells, septic tanks, wastewater, wastewater tanks, below grade storage tanks, farm manure ponds or other similar hazards.

(5) Hot tubs and similar equipment must be made inaccessible by using a physical barrier with a locking mechanism.

(6) A school-age provider must comply with the supervision requirements of WAC 110-301-0350 when using a swimming pool as part of the school-age program.

(7) For any program that does not operate on public or private school premises, a school-age provider must comply with the following requirements when using a swimming pool on the premises as part of the school-age program:

(a) Audible alarms must be on all doors, screens, and gates in licensed areas that lead to a swimming pool. The alarm must be sufficient to warn staff when children enter the outdoor area and could access the swimming pool;

(b) Swimming pools must be maintained according to manufacturer specifications;

(c) Swimming pools must be cleaned and sanitized according to manufacturer instructions, chapter 246-260 WAC, and the DOH or local health jurisdiction guidelines; and

(d) A swimming pool must not be used if the main drain cover is missing.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0175, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0180 Meal and snack schedule.

A school-age provider must ensure meals and snacks meet the following requirements:

(1) Meals and snacks must be served not less than two hours and not more than three hours apart;

(2) Children in care for five to nine hours:

(a) At least one meal and two snacks; or

(b) Two meals and one snack.

(3) Children in care for more than nine hours:

(a) Two meals and two snacks; or

(b) Three snacks and one meal.

(4) A snack must be provided for children in care for one to three hours after school; and

(5) A breakfast or morning snack must be made available to children in care either by the school-age program or the school.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0180, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0185 Menus, milk, and food.

To ensure proper nutrition of children in care, a school-age provider must comply with the child nutrition requirements described in this section.

(1) Meals, snack foods, and beverages provided to children in care must comply with the requirements contained in the most current edition of the CACFP standards, or the USDA National School Lunch and School Breakfast Program standards.

(a) A school-age provider must have dated menus.

(b) Food and beverage substitutions to a scheduled menu must be of equal nutritional value.

(d) A school-age provider must limit the consumption of one hundred percent fruit juice to no more than four to six ounces per day for children five and six years old, and eight to twelve ounces per day for children seven through twelve years old.

(2) A school-age provider must serve a fruit or vegetable during at least one snack per day. The fruit or vegetable serving may count as one of the two required snack components or be a third snack component.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0185, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0186 Food allergies and special dietary needs.

(1) A school-age provider must obtain written instructions (the individual care plan) from the child's health care provider and parent or guardian when caring for a child with a known food allergy or special dietary requirement due to a health condition. The individual care plan pursuant to WAC 110-301-0300 must:

(a) Identify foods that must not be consumed by the child and steps to take in the case of an unintended allergic reaction;

(b) Identify foods that can substitute for allergenic foods; and

(c) Provide a specific treatment plan for the school-age provider to follow in response to an allergic reaction. The specific treatment plan must include the:

(i) Names of all medication to be administered;

(ii) Directions for how to administer the medication;

(iii) Directions related to medication dosage amounts; and

(iv) Description of allergic reactions and symptoms associated with the child's particular allergies.

(2) A school-age provider must arrange with the parents or guardians of a child in care to ensure the school-age program has the necessary medication, training, and equipment to properly manage a child's food allergies.

(3) If a child suffers from an allergic reaction, the school-age provider must immediately:

(a) Administer medication pursuant to the instructions in that child's individual care plan;

(b) Contact 911 whenever epinephrine or other lifesaving medication has been administered; and

(c) Notify the parents or guardians of a child if it is suspected or appears that any of the following occurred, or is occurring:

(i) The child is having an allergic reaction; or

(4) A school-age provider must review each child's individual care plan information for food allergies prior to serving food to children.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0186, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0190 Parent or guardian provided food and written food plans.

(1) A written food plan must be developed by the provider and a child's parent or guardian, signed by all parties, and followed when accommodating a child's:

(a) Special feeding needs;

(b) Special diets;

(d) Family preferences; or

(e) Other needs.

(2) A school-age provider may allow or require parents or guardians to bring food for their child.

(3) If a parent or guardian provides meals for their child, a school-age provider must:

(a) Notify the parent or guardian in writing of the USDA CACFP requirements for each meal; and

(b) Supplement a child's meal that does not satisfy USDA CACFP requirements if necessary.

(4) On special occasions, such as birthdays, a school-age provider may allow parents or guardians to bring in snacks that may not satisfy the nutritional requirements for all children. The snacks provided must be limited to:

(a) Store purchased fruits and vegetables (uncut);

(b) Foods prepackaged in the original manufacturer containers; or

(c) Snacks prepared, cooked, or baked at home by parents or guardians of a child in care. Prior to serving, a school-age provider must receive written permission from each child's parent or guardian stating their child may consume food prepared, cooked, or baked by another child's parent or guardian.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0190, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0195 Food service, equipment, and practices.

(1) A school-age provider preparing or serving food must comply with the current DOH Washington State Food and Beverage Workers' Manual and supervise services that prepare or deliver food to the school-age program.

(2) Snacks and meals must be prepared and served by a school-age provider who possesses a valid and current food worker card pursuant to WAC 110-301-0106(10).

(3) A school-age provider must:

(a) Supply durable and developmentally appropriate individual eating and drinking equipment, or developmentally appropriate single use disposable items;

(b) Clean and sanitize eating and drinking equipment after each use. Water bottles or cups designated for a single child must be cleaned and sanitized daily;

(c) Ensure plastic eating and drinking equipment does not contain BPA (a chemical used in hard plastic bottles and as a protective lining in food and beverage cans) or have cracks or chips;

(d) Use gloves, utensils, or tongs to serve food;

(e) Serve meals or snacks on plates, dishware, containers, trays, or napkins or paper towels, if appropriate. Food should not be served directly on the eating surface; and

(f) Be respectful of each child's cultural food practices.

(4) A school-age provider must:

(a) Serve each child individually or serve family style dining, allowing each child the opportunity to practice skills such as passing shared serving bowls and serving themselves; and

(b) Sit with children during meals, when possible.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0195, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0196 Food sources.

(1) Food prepared and served from a school-age program must not be tampered with or spoiled.

(2) Food prepared and served from a school-age program must be obtained from an approved source licensed and inspected by the local health jurisdiction, the Washington state department of agriculture (WSDA), or the USDA. Food items not approved to be served to children in care include:

(a) Meat, fish, poultry, eggs, or milk that has not been inspected by the USDA or WSDA;

(b) Home canned food;

(d) Leftover food that was previously served from outside of the school-age program; or

(e) Food from roadside stands selling without a permit.

(3) Food not prepared on-site by a school-age provider, pursuant to WAC 110-301-0195(2), must be provided by:

(a) A licensed food establishment, kitchen, or catering business that meets food service requirements (chapter 246-215 WAC) and is regularly inspected by a local health jurisdiction;

(b) Parents or guardians for their own children; or

(4) Fruits and vegetables (produce) grown on-site in a garden as part of a school-age program may be served to children as part of a meal or snack. Prior to preparing and serving:

(a) The produce must be thoroughly washed and scrubbed in running cold water to remove soil and other contaminants;

(b) Damaged or bruised areas on the produce must be removed; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0196, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0197 Safe food practices.

(1) A school-age provider must wash their hands, pursuant to WAC 110-301-0200.

(2) A school-age provider must store, prepare, cook, hold food, and wash dishes, pursuant to WAC 110-301-0195.

(3) For all foods offered by the provider or given to an enrolled child by a parent or guardian, the provider must:

(b) Refrigerate foods requiring refrigeration at 41 degrees Fahrenheit or less and freeze foods required to be frozen at 10 degrees Fahrenheit or less.

(4) Food must be stored as follows:

(a) In original containers or in clean, labeled, dated, and airtight food grade containers, if appropriate;

(b) Food not required to be refrigerated or frozen must not be stored directly on the floor;

(d) Food and food service items (such as utensils, napkins, and dishes) must not be stored in an area with toxic materials (such as cleaning supplies, paint, or pesticides);

(e) Food that is past the manufacturer's expiration or "best served by" date must not be served to enrolled children; and

(f) Raw meat must be stored in the refrigerator or freezer below cooked or ready to eat foods.

(5) For food requiring temperature control, a school-age program must maintain a food temperature log by using a calibrated and working metal stem-type or digital food thermometer.

(6) Prior to storing leftover food in a refrigerator or freezer, a school-age provider must label the food with the date the leftover food was opened or cooked.

(7) A school-age provider may serve leftover food that originated from the school-age program if the leftover food was not previously served and:

(a) Refrigerated leftover food must be stored and then served again within forty-eight hours of originally being prepared; or

(b) Frozen leftover food must be promptly served after thawing and being cooked.

(8) Frozen food must be thawed by one of the following methods:

(a) In a refrigerator;

(b) Under cool running water inside a pan placed in a sink with the drain plug removed; or

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0197, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0198 Food preparation areas.

(1) A school-age provider must clean and sanitize food preparation areas and eating surfaces before and after each use, pursuant to WAC 110-301-0241(1).

(2) For any program that does not operate on public or private school premises, the school-age program's food preparation area or kitchen must have:

(a) Walls, counter tops, floors, cabinets, and shelves that are:

(i) Maintained in good repair including, but not limited to, being properly sealed without chips, cracks, or tears; and

(ii) Moisture resistant.

(b) A properly maintained and vented range hood, exhaust fan, or operable window, if applicable; and

(c) A properly maintained and working refrigerator, freezer, or a combination refrigerator and freezer with sufficient space for proper storage and cooling of food.

(3) A school-age provider must:

(a) Clean and sanitize a sink immediately before using it to prepare food to be served to children in care;

(b) Use a colander or other method to prevent food and kitchen utensils from touching the sink basin; and

(i) Clean and sanitize with an automatic dishwasher that uses heat or chemicals to sanitize; or

(ii) Handwash, rinse, sanitize, and allow to air dry.

(4) Any program that does not operate on public or private school premises licensed after the date this chapter becomes effective must have:

(a) A handwashing sink separate from dishwashing facilities;

(b) A food preparation sink located in the food preparation area; and

(i) A two-compartment sink and an automatic dishwasher that sanitizes with heat or chemicals; or

(ii) A three-compartment sink method (sink one is used to wash, sink two is used to rinse, sink three contains a sanitizer, and the dishes are allowed to air dry).

(5) A school-age provider may use the kitchen for actively supervised cooking or food preparation activities with children in care.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0198, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0200 Handwashing and hand sanitizer.

(1) A school-age provider must comply with the following handwashing procedures or those defined by the United States Center for Disease Control and Prevention, and children should strongly be encouraged to:

(a) Wet hands with warm water;

(b) Apply soap to the hands;

(d) Thoroughly rinse hands with water;

(e) Dry hands with a paper towel, single-use cloth towel, or air hand dryer;

(f) Turn water faucet off using a paper towel or single-use cloth towel unless it turns off automatically; and

(g) Properly discard paper single-use towels after each use.

(2) A school-age provider must wash and sanitize cloth towels after a single use. Soiled and used towels must be inaccessible to children.

(3) For any program that does not operate on public or private school premises, air hand dryers must have a heat guard (barrier that prevents user from touching heating element) and turn off automatically.

(4) A school-age provider must wash their hands following the handwashing procedures listed above:

(a) When arriving at work;

(b) After assisting with toileting;

(d) After attending to an ill child;

(e) Before and after preparing, serving, or eating food;

(f) After handling raw or undercooked meat, poultry, or fish;

(g) Before and after giving medication or applying topical ointment;

(h) After handling or feeding animals, handling an animal's toys or equipment, or cleaning up after animals;

(i) After handling bodily fluids;

(j) After using tobacco or vapor products;

(k) After being outdoors;

(l) After gardening activities;

(m) After handling garbage and garbage receptacles; and

(n) As needed or required by the circumstances.

(5) A school-age provider must direct, assist, teach, and coach children to wash their hands, using the steps listed above:

(a) When arriving at the school-age premises;

(b) After using the toilet;

(d) After gardening activities;

(e) After playing with animals;

(f) After touching bodily fluids such as blood or after nose blowing or sneezing;

(g) Before and after eating or participating in food activities including table setting; and

(h) As needed or required by the circumstances.

(6) Hand sanitizers or hand wipes with alcohol may be used for adults and children under the following conditions:

(a) When proper handwashing facilities are not available; and

(b) Hands are not visibly soiled or dirty.

(7) Children must be actively supervised when using hand sanitizers to avoid ingestion or contact with eyes, nose, or mouths.

(a) Hand sanitizer must not be used in place of proper handwashing.

(b) An alcohol-based hand sanitizer must contain sixty to ninety percent alcohol to be effective.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0200, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0205 Child and staff illness.

(1) A school-age provider must observe all children for signs of illness when they arrive at the school-age program and throughout the day. Parents or guardians of a child should be notified, as soon as possible, if the child develops signs or symptoms of illness.

(2) If a school-age provider becomes ill, a licensee, program director, or site director must determine whether that person should be required to leave the licensed school-age space.

(3) When a child becomes ill, a school-age provider (or school nurse, if applicable) must determine whether the child should be sent home or separated from others. A provider must supervise the child to reasonably prevent contact between the ill child and healthy children.

(4) An ill child must be sent home or reasonably separated from other children if:

(a) The illness or condition prevents the child from participating in normal activities;

(b) The illness or condition requires more care and attention than the school-age provider can give;

(c) The required amount of care for the ill child compromises or places at risk the health and safety of other children in care; or

(d) There is a risk that the child's illness or condition will spread to other children or individuals.

(5) Unless covered by an individual care plan or protected by the ADA, an ill child, staff member, or other individual must be sent home or isolated from children in care if the ill individual has:

(a) A fever 101 degrees Fahrenheit by any method, and behavior change or other signs and symptoms of illness (including sore throat, earache, headache, rash, vomiting, diarrhea);

(b) Vomited two or more times in the previous twenty-four hours;

(c) Diarrhea where stool frequency exceeds two stools above normal per twenty-four hours for that individual or whose stool contains more than a drop of blood or mucus;

(d) A rash not associated with heat or an allergic reaction;

(e) Open sores or wounds discharging bodily fluids that cannot be adequately covered with a waterproof dressing or mouth sores with drooling; or

(f) A child who appears severely ill, which may include lethargy, persistent crying, difficulty breathing, or a significant change in behavior or activity level indicative of illness.

(6) At the first opportunity, but in no case longer than twenty-four hours of learning that an enrolled child, staff member, or volunteer has been diagnosed by a health care professional with a contagious disease pursuant to WAC 246-110-010(3), a school-age provider must provide written notice to the parents or guardians of the enrolled children, and notify the department and the local health jurisdiction pursuant to WAC 110-301-0475 (2)(d).

(7) A school-age provider must not take ear or rectal temperatures to determine a child's body temperature.

(a) Oral temperatures may be taken for children if single-use covers are used to prevent cross contamination; and

(b) Glass thermometers containing mercury must not be used.

(8) A school-age provider may readmit a child, staff member, or volunteer into the school-age program area with written permission of a health care provider or health jurisdiction stating the individual may safely return after being diagnosed with a contagious disease pursuant to WAC 246-110-010(3).

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0205, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0210 Immunizations and exempt children.

(1) Before attending a school-age program, a child must be vaccinated against or show proof of acquired immunity for the vaccine-preventable disease, pursuant to chapter 246-105 WAC. A school-age provider may accept children without proof of vaccinations or immunity as otherwise indicated in this section.

(2) Pursuant to WAC 246-105-050, a school-age provider must receive for each enrolled child:

(a) A current and complete DOH-approved certificate of immunization status (CIS) form or an alternative in lieu of CIS pursuant to WAC 246-105-050(3);

(b) A department approved certificate of exemption (COE) form, if applicable; or

(3) To accept a child who is not current with their immunizations, a school-age provider must give written notice to that child's parent or guardian stating the child may be accepted if the immunizations are completed consistent with chapter 246-105 WAC and:

(a) Prior to enrollment the parent or guardian provides written proof the child is scheduled to be immunized; or

(b) The parent or guardian provides a signed and dated statement detailing when the child's immunizations will be brought up to date.

(4) A school-age provider must maintain and update each child's records relating to immunizations or exemptions, or plans to bring immunizations current. These records must be available in the licensed space or easily accessible for review by department licensors, health specialists, and health consultants.

(5) A school-age provider may accept homeless or foster children into care without the records listed in this section if the child's parent or guardian, caseworker, or health care provider offers written proof that they are in the process of obtaining the child's immunization records.

(6) A school-age provider must exclude a child from care according to the criteria listed in WAC 246-105-080.

(7) If an outbreak of a vaccine-preventable disease occurs within a school-age program, a school-age provider must notify the parents or guardians of children exempt from immunization for that disease and children without vaccination documents. A provider may exclude the child from the school-age program premises for the duration of the outbreak of that vaccine-preventable disease.

(8) A school-age provider may have a written policy stating children exempted from immunization by their parent or guardian will not be accepted into care unless that exemption is due to an illness protected by the ADA or WLAD or by a completed and signed COE.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0210, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0215 Medication.

(2) Medication training. A school-age provider must not give medication to a child if the provider has not successfully completed:

(a) An orientation about the school-age program's medication policies and procedures;

(b) The department standardized training course in medication administration that includes a competency assessment pursuant to WAC 110-301-0106(7) or equivalent training; and

(c) If applicable, a training from a child's parent or guardian (or an appointed designee) for special medical procedures that are part of a child's individual care plan. This training must be documented and signed by the provider and the child's parent or guardian (or designee).

(3) Medication administration. A school-age provider must not give medication to any child without written and signed consent from that child's parent or guardian, must administer medication pursuant to directions on the medication label, and must use cleaned and sanitized medication measuring devices.

(a) A school-age provider must administer medication to children in care as follows:

(A) A child's first and last name;

(B) The date the prescription was filled;

(D) The expiration date, dosage amount, and length of time to give the medication; and

(E) Instructions for administration and storage.

(ii) Nonprescription oral medication. Nonprescription (over-the-counter) oral medication brought to the school-age program by a parent or guardian must be in the original packaging.

(A) Nonprescription (over-the-counter) medication needs to be labeled with child's first and last name and accompanied with medication authorization form that has the expiration date, medical need, dosage amount, age, and length of time to give the medication. A school-age provider must follow the instructions on the label or the parent or guardian must provide a medical professional's note; and

(B) Nonprescription medication must only be given to the child named on the label provided by the parent or guardian.

(iii) Other nonprescription medication. A school-age provider must receive written authorization from a child's parent or guardian and health care provider with prescriptive authority prior to administering if the item does not include age, expiration date, dosage amount, and length of time to give the medication:

(A) Vitamins;

(B) Herbal supplements;

(D) Homeopathic or naturopathic medication.

(iv) Nonmedical items. A parent or guardian must annually authorize a school-age provider to administer the following nonmedical items:

(A) Sunscreen (aerosol sunscreen is prohibited); and

(B) Hand sanitizers or hand wipes with alcohol.

(v) A school-age provider may allow children to take their own medication (including nonmedical items) with parent or guardian authorization. A school-age staff member must observe and document that the child took the medication (excluding nonmedical items).

(A) School-age children with a valid prescription from a health care provider may be allowed to carry and self-administer asthma medication (inhaler), anaphylaxis medication (epinephrine auto-injector), or insulin (insulin pump) with signed authorization from the child's parent or guardian and health care provider. The authorization form must attest that the child has the skill level and knowledge necessary to use the medication and device as prescribed.

(B) The school-age program must have an individual care plan on-site for each child who self-carries asthma or anaphylaxis medication or insulin in the event of an asthma, anaphylaxis, or diabetes emergency.

(C) School-age program staff must intervene if they observe a child misusing asthma or anaphylaxis medication or insulin, or if a child possesses another child's medication.

(vi) A school-age provider must not give or permit another 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 qualified health care professional.

(b) Medication documentation (excluding nonmedical items). A school-age provider must keep a current written medication log that includes:

(i) A child's first and last name;

(ii) The name of the medication that was given to the child;

(iii) The dose amount that was given to the child;

(iv) Notes about any side effects exhibited by the child;

(v) The date and time of each medication given or reasons that a particular medication was not given; and

(vi) The name and signature of the person that gave the medication.

(c) Medication must be stored and maintained as directed on the packaging or prescription label, including applicable refrigeration requirements. A school-age provider must comply with the following additional medication storage requirements:

(i) Medication must be inaccessible to children except as provided for in this subsection (3)(a)(v)(A) of this section;

(ii) Controlled substances must be locked in a container or cabinet which is inaccessible to children;

(iii) Medication must be kept away from food in a separate, sealed container; and

(d) A school-age provider must return a child's unused medication to that child's parent or guardian. If this is not possible, a provider must follow the FDA recommendations for medication disposal.

(e) A school-age provider must not accept or give to a child homemade medication, such as sunscreen.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0215, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0220 Bathroom space.

(1) For any program that does not operate on public or private school premises, a school-age provider must provide at least one indoor bathroom in the licensed space that has the following:

(a) A school-age program must have one working flush toilet for every thirty children and staff. One-third of the toilets may be replaced by a urinal.

Toilets for staff may be located outside of licensed space on the premises.

(b) A school-age program must have one working sink and faucet for every thirty children and staff.

(i) A faucet used for handwashing must provide warm running water.

(ii) Sinks and faucets must be located inside the bathroom or immediately outside the bathroom.

(iii) Sinks and faucets for staff may be outside of licensed space on the school-age premises.

(iv) Water controls on bathroom sinks must be accessible for the intended user.

(v) Bathroom sinks must not be used as a drinking source or for food preparation.

(d) A toilet paper dispenser for each toilet that is appropriate for the height and size of children;

(e) An operable window or exhaust fan; and

(f) An easily cleanable floor.

(i) Floors must have a washable surface; and

(ii) Be resistant to moisture.

(2) Bathroom floors must be cleaned and disinfected daily, or more often as needed.

(3) For any program that does not operate on public or private school premises and is equipped with a bathtub or shower, the provider must ensure that:

(a) The floor covering around it is resistant to slipping; or

(b) It is equipped with a grab bar for use when entering and exiting.

(4) Toilet plungers and toilet brushes must be inaccessible to children.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0220, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0225 Pets and animals.

(1) A school-age provider may have pets or other animals on the school-age program premises.

(2) If a school-age provider keeps pets or animals on the school-age program premises:

(a) The provider must have and follow a pet and animal policy that describes how children will access pets and be kept safe around them, tracks pet immunizations, and gives instructions for handling of pet waste; and

(b) Provide written notice to children's parents and guardians that the program has a pet.

(3) Pets or other animals that have contact with children must:

(a) Have all required vaccinations, pursuant to local and county regulations;

(b) Show no signs of illness, disease, worms, or parasites. If these symptoms appear, the pet or animal must be removed from the licensed space until appropriately treated for the condition; and

(c) Be nonaggressive. If the pet or animal exhibits aggressive behavior, the pet or animal must be removed from the licensed space.

(4) A school-age provider must:

(a) Make reptiles and amphibians that are not part of the school-age program or activities inaccessible to enrolled children due to the risk of salmonella or other diseases;

(b) Require that chickens, ducks, turkeys, doves, pigeons, or other birds are caged, cooped, or penned outside school-age program space when children are in care, at a distance that prevents children from having direct access to the enclosures or waste;

(d) Prevent debris from spilling out of a container or cage used for pets and animals, if applicable;

(e) Not allow pets and animals in the kitchen during food preparation and ensure pets and animals do not come into contact with food, food preparation, or serving areas while food is served;

(f) Not use a sink that is used for cleaning food or utensils to clean pet supplies; and

(g) Store pet and animal medication separate from human medication.

(5) A school-age provider must require:

(a) Animals and pets to go to the bathroom outdoors if the animals do not have a designated indoor litter area. The designated outdoor area must be inaccessible to children in care;

(b) Pet containers and cages to be cleaned and disinfected at least weekly, or more often if needed;

(d) Animal waste and litter to be disposed of as soon as possible and the area disinfected;

(e) Indoor and outdoor play space to be cleaned and disinfected where animal or bird waste or vomit is present. This must be done as soon as possible or prior to access by children. Alternatively, animal waste must be inaccessible to children;

(f) Animal waste to be disposed of in a manner that prevents children from coming into contact with the waste material; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0225, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0230 First aid—CPR certification and supplies.

(1) School-age program directors, site directors, lead teachers, assistant teachers, and any other school-age provider counted in staff-to-child ratio, or who could potentially be counted in ratio, must have a current pediatric and adult first-aid and CPR certificate, pursuant to WAC 110-301-0106.

(2) A school-age provider must keep a complete first-aid kit in the licensed space, on any off-site trip, and in a vehicle used to transport children in care. A first-aid kit must:

(a) Be stored in a location that is easily accessible to staff;

(b) Be inaccessible to children;

(d) Be kept clean and sanitary;

(e) Be stored in a manner that prevents contamination; and

(f) Have sufficient supplies for the number of enrolled children and staff consistent with the school-age program's licensed capacity, or sufficient supplies for each room in the licensed space.

(3) A first-aid kit must include:

(a) Disposable nonporous protective nonlatex gloves;

(b) Adhesive bandages of various sizes;

(d) Tweezers;

(e) An elastic wrapping bandage;

(f) Sterile gauze pads;

(g) Ice packs;

(h) A disposable or mercury free thermometer that uses disposable sleeves, or is cleaned and sanitized after each use;

(i) A sling, or a large triangle bandage;

(j) Adhesive tape;

(k) A CPR barrier with a one-way valve or both an adult and pediatric CPR mask with a one-way valve;

(l) A current first-aid manual; and

(m) Hand sanitizer.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0230, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0235 Safe water sources.

(1) Hot and cold running water must be directly plumbed to the school-age premises.

(2) A licensee for a program that does not operate on public or private school premises must use a Washington state certified water laboratory accredited by the department of ecology to test the program water supply for lead and copper.

(a) All fixtures used to obtain water for preparing food, drinking, or cooking must be tested prior to licensing approval and at least once every six years;

(b) Testing must be done pursuant to the current EPA standards; and

(3) If the test results are at or above the current EPA lead action level, a school-age provider must do the following within twenty-four hours:

(a) Consult with the DOH for technical assistance;

(b) Close the school-age program to prevent children from using or consuming water or supply bottled or packaged water to meet the requirements of this chapter;

(d) Notify the department of the water test results and steps taken to protect the enrolled children; and

(e) Notify the department once lead and copper levels are below the current EPA action level.

(4) If a school-age program space receives water from a private well, the well must comply with chapter 173-160 WAC, Minimum standards for construction and maintenance of wells.

(i) No presence of E. coli bacteria; and

(ii) The presence of less than ten parts per million (ppm) for nitrates. If test results for nitrates are greater than five but less than ten ppm, the water must be retested within six months.

(b) If well water tests positive for E. coli bacteria, or greater than ten ppm for nitrates, the provider must:

(i) Stop using the well water in the school-age program premises within twenty-four hours;

(ii) Inform the local health jurisdiction, the DOH, and the department of the positive test results; and

(iii) If directed to do so by the department, discontinue school-age program operations until repairs are made to the water system and water tests indicate desirable results pursuant to (a) of this subsection.

(c) If the department determines that school-age program operations may continue while an unsafe water system is being repaired or while the provider installs treatment, the provider must:

(i) Provide an alternate source of water, approved by the department; and

(ii) Retest until water tests indicate desirable results pursuant to (a) of this subsection.

(5) A school-age provider must notify the department within four hours of when the water connection to a school-age program space is interrupted for more than one hour or the water source becomes contaminated.

(a) The department may require the school-age provider to temporarily close until the water connection is restored or the water source is no longer contaminated; or

(b) The school-age provider must obtain an alternative source of potable water such as bottled or packaged water. The amount of the alternative source of potable water must be sufficient to ensure compliance with the requirements of this chapter for safe drinking water, handwashing, sanitizing, dishwashing, and cooking.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0235, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0236 Safe drinking water.

(1) A school-age program's drinking water must:

(a) Be offered multiple times throughout the day and be readily available to children at all times;

(b) Be offered in outdoor play areas and in each classroom;

(d) Not be obtained from a handwashing sink used with toileting; and

(e) Be served fresh daily or more often as needed.

(2) For any program that does not operate on public or private school premises, drinking fountains at a school-age program must:

(a) Not be attached to handwashing sinks or disabled;

(b) Not be located in bathrooms;

(d) Be cleaned and sanitized daily or more often as needed; and

(e) Be located above water impervious flooring.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0236, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0240 Clean and healthy environment.

(1) School-age program premises and program equipment must be clean and sanitary.

(2) For any program that does not operate on public or private school premises, hard surfaces in a school-age program including, but not limited to, floors (excluding carpet), walls, counters, bookshelves, and tables must be smooth and easily cleanable.

(a) A cleanable surface must be:

(i) Designed to be cleaned frequently and made of sealed wood, linoleum, tile, plastic, or other solid surface materials;

(ii) Moisture resistant; and

(iii) Free of chips, cracks, and tears.

(b) A school-age provider must have at least twenty-four inches of moisture resistant and cleanable material or barrier around sinks, drinking fountains, and toilets.

(3) A school-age provider or their designee must clean all surfaces before sanitizing or disinfecting.

(a) Surfaces must be cleaned with a soap and water solution or spray cleaner and rinsed. If using a spray cleaner, directions on the label must be followed.

(b) Aerosol sprays and air fresheners must not be used during school-age program hours.

(c) If a bleach solution is used for sanitizing or disinfecting, a school-age provider or their designee must use one that is fragrance-free and follow the DOH's current guidelines for mixing bleach solutions for child care and similar environments.

(d) If a school-age provider or their designee uses a product other than bleach, including wipes, to sanitize or disinfect, the product must be:

(i) Approved by the department prior to use;

(ii) Used by trained staff only;

(iii) Registered with the EPA and have safety data sheets (SDSs) available;

(iv) Used in accordance with the manufacturer's label, which must include:

(A) Directions for use;

(B) A description of the safety precautions, procedures, and equipment that must be used for mixing the substitute product concentration, if applicable;

(C) A description of the safety precautions and procedures if the substitute product contacts skin or is inhaled, if applicable; and

(D) A description of the procedures and safety precautions for rinsing cleaned areas and cleaning equipment, if applicable.

(v) Labeled as safe to use on food surfaces if the product will be used to sanitize:

(A) Food contact surfaces; or

(B) Items such as eating utensils or toys used by the child or put into the child's mouth; and

(vi) Fragrance-free.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0240, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0241 Cleaning schedules.

(1) A school-age provider must develop and follow a cleaning schedule that includes:

(a) Food preparation areas, tables and chairs, and food service counters, which must be cleaned and sanitized before and after each meal and snack with single use paper towels or one-time use wiping cloths;

(b) Eating utensils, drinking equipment, and dishes, which must be cleaned and sanitized after each use;

(d) Toys, which must be cleaned and sanitized as follows:

(i) Weekly or more often as needed; and

(ii) When a toy comes into contact with a child's mouth or bodily fluids it must be removed from use until it can be cleaned and sanitized prior to reuse;

(e) For any program that does not operate on public or private school premises, appliances used to prepare food, which must be cleaned after each use and sanitized daily or more often as needed;

(f) For any program that does not operate on public or private school premises, refrigerators, which must be cleaned and sanitized monthly or more often as needed; and

(g) For any program that does not operate on public or private school premises, freezers, which must be cleaned and sanitized quarterly or more often as needed.

(2) Machine washable clothes provided by the school-age program must be laundered as needed.

(3) Sinks that are not used for handwashing after toileting or food preparation must be cleaned and sanitized daily or more often as needed.

(4) Toileting areas including, but not limited to, toilets, counters, sinks, and floors must be cleaned and disinfected daily or more often as needed.

(5) Garbage cans and receptacles must be emptied on a daily basis and cleaned and disinfected as needed.

(6) Floors must be cleaned by either sweeping or vacuuming at least once per day or more often as needed. Moisture resistant flooring must be cleaned and sanitized at least once per day or more often as needed. Bathroom flooring must be cleaned, pursuant to WAC 110-301-0220.

(7) For any school-age program that does not operate on public or private school premises, large area rugs or installed carpet must be cleaned at least once every six months, or when visible dirt or stains are present, using a carpet shampoo machine, steam cleaner, or other method that minimizes the exposure of children in care to pathogens and allergens.

A school-age provider must not use dry shampoos or dry chemical sanitizers or disinfectants, unless approved by the department.

(8) Small area rugs must be shaken outdoors or vacuumed daily, and laundered as needed.

(9) Carpets or area rugs soiled with bodily fluids must be cleaned and disinfected with high heat or an EPA registered product. A school-age provider must limit exposure to blood and bodily fluids during cleanup.

(10) Children must not:

(a) Be present when carpets are cleaned or vacuumed unless the provider is spot vacuuming, the vacuum has a HEPA filter, and children are not within the immediate area; or

(b) Use or play on or near carpet areas until dry.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0241, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0245 Laundry and equipment.

(1) Laundry and laundry equipment at a school-age program must be inaccessible to children and separated from areas where food is prepared to prevent cross contamination.

(2) Dirty or soiled laundry must be:

(a) Kept separate from clean laundry;

(b) Cleaned with laundry soap or detergent;

(d) Sanitized:

(i) With bleach or a similar sanitizer registered by the EPA; or

(ii) By using a "sanitize" setting on a washing machine or dryer that reaches at least 140 degrees Fahrenheit.

(3) A dryer must be vented to the outside of the building or following the manufacturer's specifications.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0245, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0250 Private septic systems.

(1) For any program that does not operate on public or private school premises, and is served by a private septic system, the septic system must be designed, constructed, and maintained in accordance with state and local health jurisdiction requirements.

(b) The most recent private septic system pumping and inspection records must be kept on the licensed premises or in the program's administrative office.

(c) If a school-age provider does not have the documentation described in (b) of this subsection, the provider must obtain from the state, local health jurisdiction, or a department approved private company such documentation within six months of the date this section becomes effective.

(d) A school-age provider must notify the department and local health jurisdiction if there is a problem, concern, or malfunction with a private septic system.

(e) If a private septic system problem, concern, or malfunction interferes with the proper care of children and an approved alternative is not available, the state, local health jurisdiction, or department may require a school-age program to close until the system is inspected, repaired, and approved by the local health jurisdiction.

(2) For any program that does not operate on public or private school premises, pursuant to WAC 110-301-0146(2), playground design must not:

(a) Interfere with access to or the operation of a private septic system, including a private septic system's drain field and tanks; or

(b) Be located or placed in a way that impacts the private septic system's drain field or tanks as determined by local officials.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0250, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0255 Pest control.

(1) A school-age provider must have a pest control policy that emphasizes prevention and natural, nonchemical, low-toxicity methods where pesticides or herbicides are used as a last resort (i.e., integrated pest management). In areas where local pest control policies are already in place, such as a school district, a school-age program may adopt or amend such policies when developing their own policy.

(2) For any school-age program that does not operate on public or private school premises, a provider must take appropriate steps to safely prevent or control pests that pose a risk to the health and safety of adults and children in and around the licensed space. Pest control steps must include:

(a) Prevention. A provider must take steps to prevent attracting pests including, but not limited to, identifying and removing food and water sources that attract pests.

(b) Inspection. Indoor and outdoor areas in and around the licensed space must be inspected for evidence of pests. A provider must document the date and location if evidence is found.

(c) Identification. Pests found in the licensed space must be identified and documented so the pest may be properly removed or exterminated.

(d) Management. A provider must document steps taken to remove or exterminate pests found in the licensed space.

(e) Notification. If pesticides are used, the school-age provider must notify the parents or guardians of enrolled children what pesticide will be applied and where it will be applied no less than forty-eight hours before application, unless in cases of emergency (such as a wasp nest).

(f) Application. Pesticide must be applied to school-age program space when children are not present. When pesticide is applied, the school-age provider must comply with chapter 17.21 RCW.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0255, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0260 Storage of hazardous and maintenance supplies.

(1) A school-age provider must ensure all poisonous or dangerous substances including, but not limited to, fuels, solvents, oils, laundry, dishwasher, other detergents, sanitizing products, and disinfectants are stored:

(a) In a location that is inaccessible to children;

(b) Separate and apart from food preparation areas, food items, and food supplies;

(c) In their original containers or clearly labeled with the name of the product and the word "poison" or "toxic" if not in the original container; and

(d) In compliance with the manufacturer's directions (including, not storing products near heat sources).

(2) Saws, power tools, lawn mowers, and other maintenance and janitorial equipment must be inaccessible to children.

(3) Storage areas and storage rooms must be inaccessible to children.

(4) For any program that does not operate on public or private school premises, storage areas and storage rooms must:

(a) Have moisture resistant and easily cleanable floors;

(b) Have a designated maintenance or janitorial utility sink, or another method to dispose of wastewater (kitchen sinks must not be used for disposal of wastewater); and

(5) For any program that does not operate on public or private school premises, storage areas and rooms that contain chemicals, utility sinks, or wet mops must be ventilated to the outdoors with an exterior window or mechanical ventilation to prevent the buildup of odors, fumes, or other hazards.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0260, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0300 Individual care plan.

(1) A school-age provider must develop an individual care plan for each child with special needs. Plans and documentation required under this section must:

(a) Meet the requirements of this section;

(b) Be available for department review;

(c) Have written permission from a child's parent or guardian stating that a visiting health professional may provide services to the child at the school-age program, if applicable;

(d) Have verification that school-age program staff involved with a particular child has been trained on implementing the individual care plan for that child, if applicable;

(e) Be updated annually or when there is a change in the child's special needs; and

(f) Be kept in the child's file.

(2) The individual care plan must be signed by the parent or guardian and may be developed using a department provided template.

(a) The individual care plan must contain:

(i) The child's diagnosis, if known;

(ii) Contact information for the primary health care provider or other relevant specialist;

(iii) A list of medications to be administered at scheduled times, or during an emergency along with descriptions of symptoms that would trigger emergency medication;

(iv) Directions on how to administer medication;

(v) Allergies;

(vi) Food allergy and dietary needs, pursuant to WAC 110-301-0186;

(vii) Activity, behavioral, or environmental modifications for the child;

(viii) Known symptoms and triggers;

(ix) Emergency response plans and what procedures to perform; and

(x) Suggested special skills training, and education for school-age program staff, including specific pediatric first aid and CPR for special health care needs.

(b) A school-age provider must have supporting documentation of the child's special needs provided by the child's licensed or certified:

(i) Physician or physician's assistant;

(ii) Mental health professional;

(iii) Education professional;

(iv) Social worker with a bachelor's degree or higher with a specialization in the individual child's needs; or

(v) Registered nurse or advanced registered nurse practitioner.

(3) A school-age provider's written plan and documentation for accommodations must be informed by any existing:

(a) Individual education plan (IEP);

(b) Individual health plan (IHP);

(d) Individualized family service plan (IFSP).

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0300, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0305 Program philosophy and planning.

(1) A school-age provider must have a written program philosophy that describes the program of planned daily activities related to child development.

(2) The program philosophy must address all age groups being served and may include:

(a) How children develop emotionally, socially, cognitively, and physically;

(b) What school-age programming looks like or areas of focus within the program;

(c) How the provider will meet cultural, dual language learner, and special needs of children attending the school-age program;

(d) How to guide learning and social interactions; and

(e) The importance of play to a child's learning process.

(3) Staff must be trained on the program philosophy.

(4) Program staff responsible for program and activity planning must be given regularly scheduled time to plan and develop the program and activities.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0305, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0310 Concept development and feedback quality.

(1) A school-age provider must facilitate activities to support child learning and understanding.

(2) A school-age provider may facilitate child learning and understanding through a variety of techniques such as:

(a) Using a variety of teaching strategies (different techniques, curricula, or styles) and materials to address different learning styles, abilities, developmental levels, and temperament;

(b) Helping children enter into and sustain play;

(d) Providing opportunities for children's creativity;

(e) Linking concepts and activities to one another and to the children's lives and interests;

(f) Noticing and responding to teachable moments;

(g) Clarifying and expanding children's understanding;

(h) Describing and discussing children's learning processes;

(i) Encouraging children's efforts and persistence;

(j) Showing tolerance for mistakes;

(k) Using diverse vocabulary;

(l) Leading discussions and activities;

(m) Providing materials during the day, including daily routines such as meals and transitions, to encourage communication in English and children's home languages when possible; and

(n) Use scaffolding methods to gradually move children toward stronger understanding and greater independence in the learning process.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0310, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0315 Communication modeling and reasoning.

(1) A school-age provider must be aware of and responsive to children's developmental, linguistic, cultural, and learning needs.

(2) A school-age provider must be aware of and responsive to children's needs by engaging in activities such as:

(a) Asking developmentally appropriate questions for the age group and allow children to answer without interruption from the provider;

(b) Circulating among the children during free choice activities and talking with children about what they are doing;

(c) A school-age provider must use language to develop and encourage children's reasoning skills by using techniques such as:

(i) Talking about logical relationships or concepts during the day including, but not limited to, the daily schedule, the differences and similarities between objects, or people in the program;

(ii) Introducing concepts using guiding questions that encourage children to figure out cause and effect relationships;

(iii) Providing opportunities for reading and writing activities; and

(iv) Asking open-ended questions to help children improve skills and acquire knowledge.

(d) A school-age provider working with non-English speaking children must encourage language development and acquisition by using techniques such as:

(i) Using words in various languages to talk about the program routines;

(ii) Reading books out loud or using audio books; and

(iii) Playing games in different languages.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0315, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0320 Facilitating child interests, learning, perspective, and productivity.

(1) A school-age provider must work to maximize children's interests, engagement with developmentally and culturally responsive activities, and ability to learn from play.

(2) A school-age provider must maximize children's interests, engagement, and abilities by using techniques such as:

(a) Maximizing learning time with learning materials and products, limiting disruptions during activities, and offering additional choices when activities are completed;

(b) Giving clear instructions and directions; and

(c) Making opportunities for children to learn during transitions by clearly communicating expectations and keeping transitions to a duration that is developmentally appropriate.

(3) A school-age provider must offer developmentally and culturally responsive activities that offer a range of auditory, visual, and movement opportunities by using techniques such as:

(a) Encourage child engagement;

(b) Promote each child's self-help and social skills;

(d) Allow choice, exploration, and experimentation;

(e) Promote active and play-based learning experiences;

(f) Allow children freedom to move during activities;

(g) Ensure child expression;

(h) Utilize interesting and creative materials;

(i) Offer hands-on opportunities for children;

(j) Provide opportunity for children to direct their own learning and problem solving rather than teacher-directed activities; and

(k) Orient and guide children toward learning objectives.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0320, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0325 Creating a climate for healthy child development.

(1) When communicating or interacting with children, a school-age provider must maintain a climate for healthy, culturally responsive child development such as:

(a) Using a calm and respectful tone of voice;

(b) Using positive language to explain what children can do and give descriptive feedback;

(c) Having relaxed conversations with children by listening and responding to what they say. Adult conversations must not dominate the overall sound of the group;

(d) Greeting children upon arrival and departure at the school-age program;

(e) Using facial expressions such as smiling, laughing, and enthusiasm to match a child's mood;

(g) Validating children's feelings and show tolerance for mistakes;

(h) Being responsive and listening to children's requests and questions, encouraging children to share experiences, ideas, and feelings;

(i) Observing children in order to learn about their families, cultures, individual interests, ideas, questions, and theories;

(j) Modeling and teaching emotional skills such as recognizing feelings, expressing them appropriately, accepting others' feelings, and controlling impulses to act out feelings;

(k) Representing the diversity found in the school-age program and society, including gender, age, language, and abilities, while being respectful of cultural traditions, values, religion, and beliefs of enrolled families; and

(l) Interacting with staff and other adults in a positive, respectful manner.

(2) A school-age provider must encourage positive interactions between and among children with techniques such as:

(a) Giving children several chances a day to interact with each other while playing or completing routine tasks;

(b) Modeling social skills;

(d) Helping children understand feelings of others; and

(e) Including children with special needs to play with others.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0325, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0330 Positive relationships and child guidance.

(1) A school-age provider must work to maintain positive relationships with children by using consistent guidance techniques to help children learn. Guidance techniques must adapt a school-age program's environment, routines, and activities to a child's strengths, age and developmental level, abilities, culture, community, and relate to the child's behavior.

(2) Guidance techniques may include:

(a) Coaching behavior;

(b) Modeling and teaching social skills such as taking turns, cooperation, waiting, self-control, respect for the rights of others, treating others kindly, and conflict resolution;

(d) Distracting;

(e) Redirecting or helping a child change their focus to something appropriate to achieve their goal;

(f) Planning ahead to prevent problems and letting children know what events will happen next;

(g) Explaining consistent, clear rules and involving children in defining simple, clear limits;

(h) Involving children in solving problems; and

(i) Explaining to children the natural and logical consequences related to the child's behavior in a reasonable and developmentally appropriate manner.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0330, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0331 Prohibited behavior and discipline, and physical separation of children.

(1) A school-age provider is prohibited from using the following behaviors and discipline of children:

(a) Profanity, obscene language, "put downs," or cultural or racial slurs;

(b) Angry or hostile interactions;

(d) Intimidation, gestures, or verbal abuse including sarcasm, name calling, shaming, humiliation, teasing, derogatory remarks about a child or the child's family;

(e) Emotional abuse including victimizing, bullying, rejecting, terrorizing, extensive ignoring, or corrupting a child;

(f) Sexual abuse, pursuant to RCW 26.44.020;

(g) Preventing a child from or punishing a child for exercising religious rights;

(h) Restricting a child's breathing;

(i) Binding or restricting a child's movement unless permitted under WAC 110-301-0335;

(j) Taping a child's nose, mouth, or other body part;

(k) Depriving a child of sleep, food, clothing, shelter, physical activity, first aid, or regular or emergency medical or dental care;

(l) Forcing a child to ingest something as punishment such as hot sauce or soap;

(m) Interfering with a child's ability to take care of their own hygiene and toileting needs;

(n) Withholding hygiene care, toileting care, or diaper changing from any child unable to provide such care for themselves;

(o) Exposing a child to extreme temperatures as punishment;

(p) Demanding excessive physical exercise or strenuous postures. Excessive physical exercise includes, but is not limited to, running laps around the yard until overly tired, an extensive number of push-ups, standing on one foot for an uncomfortable amount of time, or holding out one's arms until tired or painful;

(q) Placing the separated child in a closet, bathroom, locked room, outside, or in an unlicensed space; and

(r) Using a confining space or equipment to punish a child or restrict movement.

(2) A school-age provider must supervise to protect children from the harmful acts of other children. A provider must immediately intervene when they become aware that a child or children are teasing, fighting, bullying, intimidating, or becoming physically or sexually aggressive.

(3) A school-age provider may separate a child from other children when that child needs to regain control of themselves.

(a) During separation time, the child must remain under the appropriate level of supervision of a licensee, program director, site director, lead teacher or an assistant teacher.

(b) Separation time should be minimized and appropriate to the needs of the individual child.

(4) If a child is separated from other children, a school-age provider must:

(a) Consider the child's developmental level, language skills, individual and special needs, and ability to understand the consequences of their actions; and

(b) Communicate to the child the reason for being separated from the other children.

(5) If a school-age provider follows all strategies in this section, and a child continues to behave in an unsafe manner, only a licensee, program director, site director, lead teacher, or an assistant teacher may separate the child to a less stimulating environment. Staff must remain calm and use a calm voice when directing or removing the child.

History

Statutory Authority: Chapter 42.56 RCW, RCW 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 25-02-097, s 110-301-0331, filed 12/30/24, effective 1/30/25. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0331, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0335 Physical restraint.

(1) A school-age provider must have written physical restraint protocols pursuant to WAC 110-301-0490 and implement such protocols only when appropriate and after complying with all requirements of WAC 110-301-0330 and 110-301-0331.

(2) Physical restraint must only be used if a child's safety or the safety of others is threatened and must be:

(a) Limited to holding a child as gently as possible to accomplish restraint;

(b) Limited to the minimum amount of time necessary to control the situation;

(d) Only performed by a school-age provider trained in the program's child restraint policy, pursuant to WAC 110-301-0490.

(3) A school-age provider must not use bonds, ties, blankets, straps, or heavy weights (including an adult sitting on a child) to physically restrain children.

(4) Licensees, program directors, site directors, and lead teachers or trained staff must remove themselves from a situation if they sense a loss of their own self-control and concern for the child when using a restraint technique if another school-age provider is present. A school-age provider must intervene when the provider observes another staff member or volunteer using inappropriate restraint techniques.

(5) If physical restraint is used, staff must:

(a) Report the use of physical restraint, pursuant to WAC 110-301-0475 (2)(f);

(b) Assess any incident of physical restraint to determine if the decision to use physical restraint and its application were appropriate;

(c) Document the incident in the child's file, including the date, time, school-age program staff involved, duration, and what happened before, during, and after the child was restrained;

(i) Physical restraint has been used more than once; and

(ii) A plan is not already a part of the child's individual care plan.

(e) Notify the department when a written plan has been developed.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0335, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0340 Expulsion.

(1) To promote consistent care and maximize opportunities for child development and learning, a school-age provider must develop and follow expulsion policies and practices, pursuant to WAC 110-301-0486.

(2) A school-age provider may expel a child only if the:

(a) Child exhibits behavior that presents a serious safety concern for that child or others; and

(b) Program is not able to reduce or eliminate the safety concern through reasonable modifications.

(3) If a child is expelled, a school-age provider must:

(a) Review the program's expulsion policy with the parent or guardian of the child;

(b) Provide a record to the parent or guardian about the expulsion and the steps that were taken to avoid expulsion. The record must include the date, time, school-age program staff involved, and details of each incident that led to expulsion; and

(c) Provide information to the parent or guardian of the child that includes, but is not limited to, community-based resources that may benefit the child.

(4) The school-age provider must report to the department when children are expelled. The information must include:

(a) Child demographic data including, but not limited to, the age, race, ethnicity, and gender of the child;

(b) The reason the child was expelled; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0340, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0345 Supervising children.

(1) A school-age provider must only allow the following persons to have unsupervised access to a child in care:

(a) That child's own parent or guardian;

(b) Licensees or school-age program staff authorized by the department in chapter 110-06 WAC;

(c) A government representative including an emergency responder who has specific and verifiable authority for access, supported by documentation; and

(d) A person authorized in writing or over the phone by that child's parent or guardian such as a family member, family friend, or the child's therapist or health care provider.

(2) A school-age provider must meet capacity, group size, and staff-to-child ratios while children are in care. This includes, but is not limited to:

(a) Indoor and outdoor play activities;

(b) Off-site activities;

(d) Meal times;

(e) Evening and overnight care, if applicable; and

(f) When children are on different floor levels of the school-age program.

(3) A school-age provider must supervise children in care by:

(a) Scanning the environment looking and listening for both verbal and nonverbal cues to anticipate problems and plan accordingly;

(b) Visibly checking children on many occasions with little time in between;

(d) Attending to children and being aware of what children are doing at all times;

(e) Being available and able to promptly assist or redirect a child as necessary; and

(f) Considering the following when deciding whether increased supervision is needed:

(i) Ages of children;

(ii) Individual differences and abilities of children;

(iii) Layout of the indoor and outdoor licensed space and play area;

(iv) The risk associated with the activities children are engaged in; and

(v) Any nearby hazards including those in the licensed or unlicensed space.

(4) A school-age program staff member may undertake other activities for a temporary time period when not required to be providing active supervision required under subsection (5)(c) of this section. Such activities include, but are not limited to, cleaning up after an activity or preparing items for a new activity. This school-age staff member must remain in visual or auditory range, and be available and able to respond if needed.

(5) A school-age provider must:

(a) Not use devices such as audio monitors, video monitors, or mirrors in place of supervision;

(b) Be able to hear when doors in the immediate area are opened to prevent children from leaving unsupervised;

(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 safe route to access an outdoor play area not immediately adjacent to the school-age program;

(v) Engage in planned activities in the kitchen;

(vi) Ride on public transportation;

(vii) Engage in outdoor play; and

(viii) During field trips.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0345, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0350 Supervising children during water activities.

(1) During water activities, a school-age provider must meet all supervision requirements of this section and WAC 110-301-0345.

(2) During water activities, a school-age provider must hold or have continuous touch of children with special needs as required.

(3) A school-age provider must have written permission for water activities from each child's parent or guardian.

(4) For water activities on or off the school-age program premises, where the water is more than twenty-four inches deep, a school-age provider must ensure:

(a) A certified lifeguard is present and on duty; and

(b) At least one additional staff member than would otherwise be required is present to help actively supervise the children.

(5) A school-age provider must have life-saving equipment readily accessible during water activities if a pool is six feet or more in any direction and two feet or more in depth. Life-saving equipment may include a ring buoy and rope, a rescue tube, or a throwing line and a shepherd's hook that will not conduct electricity.

(6) If a school-age provider takes children off-site to an area with an accessible body of water more than four inches deep (for example, a park with a lake or stream) but children are not engaging in a water activity, there must be:

(a) At least one more staff person than required in the staff-to-child ratio; and

(b) At least one attending staff person must be able to swim.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0350, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0354 Indoor school-age program space capacity.

(1) To define capacity, licensed indoor school-age program space must have a minimum of thirty-five square feet per child in attendance and further comply with the requirements of this chapter.

(a) Floor space under tables, desks, chairs, and other equipment used as part of children's activities must be included in the overall capacity.

(b) Office or kitchen space that is inaccessible to children and not intended for their use must not be included in the overall capacity.

(2) The following indoor space must not be counted in the overall capacity:

(a) Unlicensed space;

(b) Hallway space that is used for emergency evacuation or is not approved to be used for program activities;

(d) Laundry areas;

(e) Closets;

(f) Stairways; and

(g) Floor space occupied by shelves, built-in cabinets, file cabinets, desks, or other office equipment not intended to be accessible to children.

(3) A large, licensed indoor gross motor activity space may be used to supplement the requirements of outdoor program space, pursuant to WAC 110-301-0145, if:

(a) The space provides seventy-five square feet per child for the maximum number of children listed on the license or the provider rotates groups of children; and

(b) The space is safe and appropriate for activities otherwise performed in an outdoor play space.

(4) A program may request additional space, such as a library or computer lab, to be licensed without counting in that program's capacity.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0354, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0356 School-age capacity, ratio, and group size.

(1) The department issues initial or nonexpiring school-age program licenses. The department will not issue a school-age license to care for more children than permitted by the rules in this chapter. The department may issue a license to care for fewer than the maximum allowable enrolled children. For each school-age program, licenses state the:

(a) Maximum number of children that may be in care at any one time (total capacity);

(b) Licensed capacity for each space within the school-age program licensed for use by children; and

(2) The department determines capacity for a school-age program after considering:

(a) Square footage of the school-age program;

(b) A provider's education and ongoing training;

(d) The amount of developmentally appropriate equipment, materials, and toys a school-age program can provide children to use;

(e) A provider's licensing history with the department; and

(f) The number of qualified staff available to meet staff-to-child ratios.

(3) A licensee must not exceed the total capacity or age range stated on the school-age program license at any time except as provided in this section. All children on the premises, signed in to the school-age program, on an off-site trip from the school-age program, or being transported by the school-age program staff are counted in capacity including the children of staff.

(a) A licensee must receive department approval to care for a child with special needs, pursuant to WAC 110-301-0300, if the child is older than the maximum age identified on the license. A child with documented special needs may be in care up to age nineteen and must be counted in capacity and staff-to-child ratio.

(b) A child with special needs who requires individualized supervision pursuant to WAC 110-301-0300 counts toward capacity but does not count in the staff-to-child ratio.

(c) A child who turns thirteen years old permitted by chapter 110-15 WAC must be counted in both capacity and staff-to-child ratio.

(4) A licensee must provide qualified staff to fulfill staffing requirements, staff-to-child ratios, and group size during operating hours, including off-site activities or when transporting children in care.

(5) In each classroom or well-defined space, the maximum group size of thirty children and ratio of 1:15 staff members to children, including children related to staff or the licensee, must be met.

Group size may exceed thirty children only for special events such as assemblies or performances.

(6) A licensee must conduct activities for each group of children in a specific room or other defined space within a larger area.

(7) A licensee must provide additional staff as described in WAC 110-301-0350 when children are participating in water activities or activities near water.

(8) When only one staff is required to care for the only group of children on-site for up to an hour at the beginning or end of the day, the licensee must ensure:

(a) The staff member provides an appropriate level of supervision at all times to the children in care;

(b) The staff member is free of all other duties while providing care to children; and

(c) A second individual with a cleared background check is on-site and readily available to respond if needed, or the department approves an alternate plan.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0356, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0360 Program and daily schedule.

(1) A school-age provider must have an established program and daily schedule that is familiar to children.

(2) A schedule must be designed to meet enrolled children's developmental, cultural, and special needs. The daily schedule must:

(a) Offer a variety of activities to meet children's needs, pursuant to WAC 110-301-0150;

(b) Meet the following daily morning or afternoon active outdoor play time requirements:

(i) Ten minutes for each one hour of programming for children; and

(ii) A program that operates more than six hours a day must provide ninety minutes of active play for children (thirty minutes of which may be moderate to vigorous indoor activities).

(d) Include routine transportation times, if applicable; and

(e) Include evening and overnight care, if applicable.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0360, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0400 Application materials.

(1) After completing a department orientation, an applicant must submit a complete license application packet, pursuant to chapter 43.216 RCW. A complete license application packet includes:

(a) Professional and background information about the applicant:

(i) A completed department application form for a school-age program;

(ii) A copy of the applicant's orientation certificate (orientation must be taken within twelve months of license application);

(iii) A Washington state business license or a tribal, county, or city business or occupation license, if applicable;

(iv) Liability insurance;

(v) Certificate of incorporation, partnership agreement, or similar business organization document, if applicable;

(vi) The license fee;

(vii) A copy of current government issued photo identification;

(viii) A copy of Social Security card or sworn declaration stating that the applicant does not have one;

(ix) Employer identification number (EIN) if applicant plans to hire staff; and

(x) Employment and education verification. For example: Diploma, transcripts, or a sworn declaration stating that the applicant cannot verify education requirements.

(b) Information about the facility to be licensed:

(i) A floor plan, including use of proposed licensed and unlicensed space, with identified emergency exits and emergency exit pathways;

(ii) Certificate of occupancy for any program that is not located on public or private school premises;

(iii) For any program that is not located on public or private school premises, documentation, no more than three years old, from a licensed inspector, septic designer, or engineer that states the septic system and drain field are maintained and in working order, if applicable;

(iv) E. coli bacteria and nitrate testing results for well water that is no more than twelve months old, if applicable;

(v) A lead or arsenic evaluation agreement for any program that is not located on public or private school premises and is located in the Tacoma smelter plume (counties of King, Pierce, and Thurston); and

(vi) For any program that is not located on public or private school premises, lead and copper test results for drinking water.

(d) Information about school-age program staff:

(i) List of applicant, and if applicable and known, staff persons and volunteers required to complete the background check process as outlined in chapter 110-06 WAC; and

(ii) Resume for applicant, program director, and site director, if applicable.

(2) An applicant must include the following policy documents with the application, which will be reviewed by the department and returned to the applicant:

(a) Parent and program policies;

(b) Staff policies;

(d) Health policies.

(3) An applicant must submit the completed application packet at least ninety calendar days prior to the planned opening of the school-age program. The department will inspect the school-age program space and approve all application submissions required in this chapter prior to issuing a license.

(a) The ninety calendar days begins when the department receives a complete application packet.

(b) Incomplete application packets will be returned to the applicant for completion.

(c) An applicant who is unable to successfully complete the application and licensing process within ninety days may withdraw the application and reapply when the applicant is able to meet the licensing requirements. If the applicant has completed the steps of the application process within ninety days but an external barrier out of the applicant's control exists, the reapplication fee will be waived one time.

(d) An applicant who is unable to meet the application requirements and has not withdrawn their application will be denied a license, pursuant to RCW 43.216.325.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0400, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0401 License fees.

(1) The rules establishing licensing fees within this chapter are adopted pursuant to RCW 43.216.300.

(2) The license fee is nonrefundable and is due:

(a) With the applicant's initial license application packet; and

(b) Annually thereafter, thirty calendar days prior to the anniversary date of the license.

(3) Payment must be in the form of a check, credit or debit card, or money order.

(4) The annual licensing fee for a school-age program is one hundred twenty-five dollars for the first twelve children plus twelve dollars for each additional child, or as otherwise set by the legislature.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0401, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0402 Changing school-age program space or location.

(1) A school-age provider must notify the department prior to making a change to school-age program space or unlicensed space that may impact the health, safety, or welfare of enrolled children. Such changes include, but are not limited to:

(a)(i) Moving the school-age program to a new physical address;

(ii) A school-age provider must submit a complete application, pursuant to WAC 110-301-0400, as soon as the provider plans to move and has an identified new physical address, but not more than ninety calendar days before moving;

(b) Moving the school-age program to a different space or building on the same premises;

(d) Modifying facilities in a way that requires a permit under the Washington state building code or by a local jurisdiction, such as remodeling or renovating school-age program space; and

(e) For any program that does not operate on public or private school premises, changing outdoor play areas, such as adding or altering the type of surface or altering stationary climbing or play equipment.

(2) A school-age provider must submit to the department the new proposed floor plan prior to making changes under subsection (1)(a) through (d) of this section.

(3) A school-age provider planning a change under subsection (1)(a) and (b) of this section, must not move a school-age program until the department has first inspected the new location and determines it meets the requirements in this chapter and RCW 43.216.305.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0402, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0410 License and program location.

(1) An applicant for a license under this chapter must be at least eighteen years old.

(2) A licensee refers to the individual or organization:

(a) Whose name appears on a license issued by the department;

(b) Who is responsible for complying with the standards in this chapter, chapter 43.216 RCW, chapter 110-06 WAC, and other applicable laws and rules; and

(3) School-age program space must be located:

(a) On a site free from known environmental hazards;

(b) In an area where nonemergency services and utilities can serve the school-age program space; and

(c) In an area served by emergency fire, medical, and police during the hours the school-age program provides care to children.

(4) For any program that does not operate on public or private school premises, a school-age provider must prevent enrolled children from being exposed to the following known hazards within and around the licensed premises:

(a) Lead based paint;

(b) Plumbing and fixtures containing lead or lead solders;

(d) Arsenic, lead, or copper in the soil or drinking water;

(e) Toxic mold; and

(f) Other identified toxins or hazards.

(5) A school-age provider must place address numbers or signage on the outside of the building that contains the school-age program space. The numbers or signage must be legible and plainly visible from the street or road serving the premises.

(6) A license applicant planning to open a school-age program in the designated Tacoma smelter plume (counties of King, Pierce, and Thurston) and not on public or private school premises must contact the state department of ecology (DOE), and complete and sign an access agreement with DOE to evaluate the applicant's property for possible arsenic and lead soil contamination.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0410, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0411 License transfer.

(2) A full license will remain valid and may be transferred to a new licensee if the:

(a) New licensee meets the requirements in RCW 43.216.305(2); and

(b) Department determines before the license transfer the new licensee's child care operation is substantially similar to or an improvement of the originally licensed child care operation.

(a) The physical environment and all anticipated changes or updates;

(b) The qualifications and number of all retained and newly hired staff members;

(d) The relation or connection, if any, between the original and new licensee; and

(e) Whether the new child care operation is able to comply with the licensing requirements described in chapter 43.216 RCW, this chapter, and chapter 110-06 WAC.

(4) The department will determine and disclose to the current licensee and new licensee whether the license is in good standing prior to transferring the license.

(5) At the request of the current licensee or the new licensee, the department will disclose the following license information from the last four years to one or both parties:

(a) A description of any valid complaints;

(b) A description of any instances that the department found noncompliance with the requirements contained in chapter 43.216 RCW, this chapter, and chapter 110-06 WAC;

(d) Facility licensing compliance agreements (historical or in effect); and

(e) Enforcement actions levied or pending against this license.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0411, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0415 Zoning, codes, and ordinances.

(1) The department adopts and incorporates by reference the Washington state building code (chapter 19.27 RCW).

(2) Facility modifications must comply with WAC 110-301-0402.

(3) For any program that does not operate on public or private school premises, school-age program space must comply with the Washington state building code or local building code as enacted at the time of licensure.

(4) Prior to licensing, an applicant whose school-age program does not operate on public or private school premises must contact state, city, and local agencies that regulate the school-age program. A school-age provider must obtain regulations and comply with the direction given by such agencies. These agencies may include, but are not limited to, the Washington state department of labor and industries, the Washington state fire marshal, the Washington state DOH, and local health jurisdictions.

(5) Prior to licensing, an applicant whose school-age program does not operate on public or private school premises must:

(a) Have a certificate of occupancy issued by the local building, planning, or zoning department, or a local equivalent if locality does not have the certificate of occupancy; and

(b) Be inspected and approved by the state fire marshal.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0415, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0420 Prohibited substances.

(1) Chapter 70.160 RCW prohibits smoking in public places and places of employment.

(2) Pursuant to RCW 70.160.050, a school-age provider must:

(a) Prohibit smoking, vaping, or similar activities in licensed indoor space, even during nonbusiness hours;

(b) Prohibit smoking, vaping, or similar activities in licensed outdoor space unless:

(i) Smoking, vaping, or similar activities occurs during nonbusiness hours; or

(ii) In an area for smoking or vaping tobacco products that is not a "public place" or "place of employment," as defined in RCW 70.160.020.

(d) Prohibit smoking, vaping, or similar activities by any provider who is supervising children, including during field trips;

(e) Prohibit smoking, vaping, or similar activities within twenty-five feet from entrances, exits, operable windows, and vents, pursuant to RCW 70.160.075; and

(f) For any program that does not operate on public or private school premises, post "no smoking or vaping" signs. Signs must be clearly visible and located at each building entrance used as part of the school-age program.

(3) A school-age provider must:

(a) Prohibit any person from consuming or being under the influence of alcohol on licensed space during business hours;

(b) Prohibit any person within licensed space from consuming or being under the influence of illegal drugs or prescription drugs to the extent that it interferes with the care of children as required by this chapter;

(c) Store any tobacco or vapor products, or the packaging of tobacco or vapor products in a space that is inaccessible to children;

(d) Prohibit children from accessing cigarette or cigar butts or ashes;

(e) Store any cannabis or associated paraphernalia out of the licensed space and in a space that is inaccessible to children; and

(f) Store alcohol in a space that is inaccessible to children (both opened and closed containers).

(4) A school-age provider must prohibit any person from using, consuming, or being under the influence of cannabis in any form on licensed space.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0420, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0425 Initial, nonexpiring, dual licenses, and license modification.

(1) The department may issue an initial license when a school-age program applicant demonstrates compliance with health and safety requirements of this chapter but may not be in full compliance with all requirements, pursuant to RCW 43.216.315.

(a) An initial license is valid for six months from the date issued.

(b) At the department's discretion, an initial license may be extended for up to three additional six-month periods, not to exceed a total of two years.

(c) The department must evaluate the school-age provider's ability to follow requirements contained in this chapter during the initial license period.

(3) A licensee must submit annual compliance documents, and must do so at least 30 calendar days prior to that provider's licensing anniversary date. A provider's anniversary date is the date the first initial license was issued. The required annual compliance documents are:

(a) The annual nonrefundable license fee; and

(b) A declaration on the department's form indicating:

(i) The intent to continue operating a licensed school-age program;

(ii) The intent to cease operation as a licensed school-age program;

(iii) A change in the school-age program's operational hours or dates; and

(iv) The intent to comply with all licensing rules.

(c) Documentation of completed background check applications as determined by the department's established schedule, pursuant to RCW 43.216.270; and

(d) For each individual required to have a background check clearance, the school-age provider must verify current background checks or require the individual to submit a background check application at least 30 calendar days prior to the anniversary date.

(4) If a licensee fails to meet the requirements for continuing a nonexpiring license by their anniversary date, the licensee's current license expires. The school-age provider must submit a new application for licensure, pursuant to RCW 43.216.305(3).

(5) Nothing about the nonexpiring license process in this section may interfere with the department's established monitoring practices, pursuant to RCW 43.216.305 (4)(a).

(6) A licensee has no right to an adjudicative proceeding (hearing) to appeal the expiration, nonrenewal, or noncontinuation of a nonexpiring license resulting from a failure to comply with the requirements of this section.

(7) A licensee must have department approval to hold dual licenses (for example: A school-age program license and another care giving license, certification, or similar authorization).

(8) If the department determines that a licensee is not meeting all applicable requirements and regulations the:

(a) Department and licensee may agree to modify the school-age program license;

(b) Licensee may give up one of the licenses, certifications, or authorizations; or

(9) A school-age provider must report within 24 hours:

(a) To the department and local authorities: A fire or other structural damage to the school-age program space or other parts of the premises;

(b) To the department:

(i) A retirement, termination, death, incapacity, or change of the program director or site director, or change of ownership or incorporation of a provider;

(ii) When a provider becomes aware of a charge or conviction against themselves, a staff person, or applicable household member, pursuant to WAC 110-06-0043;

(iii) When a provider becomes aware of an allegation or finding of abuse or neglect of a child, youth, or vulnerable adult made against themselves or a staff person; and

(iv) Any changes in the school-age program hours of operation to include closure dates.

(10) Prior to increasing capacity of a school-age program, the licensee, program director, or site director must request and be approved to increase capacity by the department.

(11) The licensee, program director, or site director must have state fire marshal or department approval and comply with local building ordinances following a significant change under WAC 110-301-0402 (1)(a) through (d), if applicable.

(12) The licensee, program director, or site director must notify the department within 30 calendar days when liability insurance coverage under RCW 43.216.700 has lapsed or been terminated.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-301-0425, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0425, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0435 Waiver from department rules—WAC.

(1) The department cannot waive a requirement of state law (RCW) or federal law.

(2) Pursuant to RCW 43.216.065, the department may approve a waiver from a rule in this chapter if it does not jeopardize the health, safety, or welfare of the children in care.

(3) A school-age provider's request for a waiver from a rule in this chapter must be:

(a) Submitted in writing to the department;

(b) Approved in writing by the department secretary or the secretary's designee prior to the school-age provider implementing the waiver from the rule; and

(4) A granted waiver may be time specific or may remain in effect for as long as the school-age provider continues to comply with the conditions of the waiver. If the waiver from the rule is time limited, the provider must not exceed the time frame established by the department.

(5) The department may revoke a granted waiver if a licensing rule which was considered in granting the waiver is materially altered or amended.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0435, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0436 Variance from department rules—WAC.

(1) The department cannot provide variance from a requirement in state (RCW) or federal law.

(2) Upon written request of an applicant, licensee, program director, or site director the department may grant a variance from a rule in this chapter if the proposed program alternative does not jeopardize the health, safety, or welfare of the children in care.

(3) A request for variance from a rule in this chapter must be:

(a) Submitted in writing to the department;

(b) Approved in writing by the department secretary or the secretary's designee prior to the school-age provider implementing the variance from the rule; and

(4) A granted variance may be time specific or may remain in effect for as long as the school-age provider continues to comply with the conditions of the variance. If the variance from the rule is time limited, the provider must not exceed the time frame established by the department.

(5) The department may revoke a granted variance if a licensing rule which was considered in granting the variance is materially altered or amended.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0436, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0440 Facility licensing compliance agreements, nonreferral status, probationary license, and provider rights.

(1) At the department's discretion, when a school-age provider is in violation of this chapter or chapter 43.216 RCW, a facility licensing compliance agreement (FLCA) may be issued in lieu of the department taking enforcement action. The FLCA must contain:

(a) A description of the violation and the law or rule that was violated;

(b) A proposed plan from the provider or a designee to comply with the law or rule;

(i) The seriousness of the violation;

(ii) The potential threat to the health, safety, and well-being of the children in care; and

(iii) The number of times the school-age program has violated rules in this chapter or under chapter 43.216 RCW.

(d) Information regarding other licensing action that may be imposed if compliance does not occur by the required date; and

(e) The signature of the department licensor and the licensee.

(2) A school-age provider must return a copy of the completed FLCA to the department after corrective action has been completed and by the date indicated.

(3) A school-age provider may request an internal review process regarding the violation of department rules pursuant to RCW 43.216.395.

(4) In an enforcement action against a school-age program or provider, the provider has the right to refuse to:

(a) Accept or sign a FLCA.

(b) Agree to a probationary license.

(5) If a school-age provider refuses a FLCA or probationary license, this may result in any of the following enforcement actions:

(a) Modification of the license;

(b) Noncontinuation of a nonexpiring license;

(d) Revocation of the license; or

(e) Civil penalties.

(6) The department may place a school-age provider on nonreferral status, pursuant to RCW 43.216.325(4), in addition to or in lieu of an enforcement action under this chapter.

(7) A probationary license may be issued to a school-age provider or program operating under a nonexpiring license as part of a corrective action plan. Prior to issuing a probationary license, the department must refer the program or provider for technical assistance, pursuant to RCW 43.216.320(2).

(8) A department decision to issue a probationary license is based on a school-age program or provider's:

(a) Negligent or intentional noncompliance with the licensing rules;

(b) History of noncompliance with licensing rules;

(d) Fire safety inspection or health and sanitation inspection report that failed to gain approval;

(e) Use of unauthorized space for the school-age program;

(f) Inadequate supervision of children;

(g) Understaffing for the number of children in care;

(h) Noncompliance with requirements addressing children's health, proper nutrition, discipline, emergency medical plan, sanitation or personal hygiene practices; and

(i) Any other factors relevant to the specific situation and consistent with the intent or purpose of chapter 43.216 RCW.

(9) When the department issues a probationary license, the school-age provider must:

(b) Provide documentation to the department that parents or guardians of enrolled children have been notified within ten business days of receiving the probationary license;

(d) Return the school-age program's nonexpiring license to the department; and

(e) Post documentation of the approved written probationary license as required by RCW 43.216.687.

(10) Pursuant to RCW 43.216.689, a school-age provider must have inspection reports and notices of enforcement actions for the past three years readily available for review by the department, parents, guardians, and the public.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0440, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0443 Enforcement actions, notice, and appeal.

(1) Pursuant to RCW 43.216.325, the department is authorized to take enforcement actions when a school-age provider fails to comply with this chapter or chapter 43.216 RCW. Enforcement actions are taken pursuant to RCW 43.216.020, 43.216.065, and 43.216.250. Enforcement actions include civil monetary penalties (fines) and the denial, suspension, revocation, modification, or nonrenewal of a license.

(2) A school-age provider subject to an enforcement action has the right to appeal by requesting an adjudicative proceeding (or "hearing") pursuant to chapter 110-03 WAC, DCYF hearing rules.

(3) The department must issue a notice of violation to a school-age provider when taking enforcement actions. A notice of violation must be sent by certified mail or personally served and must include:

(a) The reason why the department is taking the action;

(b) The rules the provider failed to comply with;

(d) How the provider may appeal and request a hearing.

(4) Fines must not exceed two hundred fifty dollars per day per violation for a school-age program, or as otherwise set by the legislature. Fines may be:

(a) Assessed and collected with interest for each day a violation occurs;

(b) Imposed in addition to other enforcement actions; and

(5) A school-age provider must pay fines within twenty-eight calendar days after receiving a notice of violation unless:

(a) The office of financial recovery establishes a payment plan for the provider; or

(b) A later due date is specified on the notice of violation, pursuant to RCW 43.216.335(2); or

(6) The department may suspend or revoke a license if a school-age provider fails to pay a fine within twenty-eight calendar days or becomes delinquent in making payments, pursuant to RCW 43.216.327 and 43.216.335. If a provider's license is due for renewal, the department may elect not to continue the license for failure to pay a fine.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0443, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0450 Parent or guardian handbook and related policies.

(1) A school-age provider must supply to each parent or guardian written policies regarding the school-age program. Each enrolled child's record must have signed documentation stating the parent or guardian reviewed the handbook and school-age program policies.

(2) A school-age provider must have and follow formal written policies in either paper or electronic format, including:

(a) A nondiscrimination statement;

(b) A family engagement and partnership communication plan;

(d) Alcohol, tobacco, cannabis use and prohibition of illegal drugs;

(e) Program philosophy pursuant to WAC 110-301-0305, and how this philosophy is implemented;

(f) Child guidance plan, which includes restraint policies and forbidding corporal punishment;

(g) Expulsion policy;

(h) School-age program staff-to-child ratios and classroom or age grouping types offered, if applicable;

(i) If the school-age program offers any of the following, they must include a policy for each that applies to their program:

(i) Care for children with specific or special needs;

(ii) Dual language learning;

(iii) Religious and cultural activities, including how holidays will be celebrated;

(iv) Transportation and off-site field trips;

(v) Water activities; and

(vi) Evening and overnight care, if applicable.

(j) Program days and hours of operation, including closure dates and observed holidays;

(k) Enrollment and disenrollment requirements;

(l) Fees and payment plans;

(m) Sign-in and sign-out requirements;

(n) Information required for the child's record, including:

(i) The importance and plan for keeping the information current;

(ii) A plan to keep the child's information confidential; and

(iii) Who may legally access the child's information.

(o) What parents or guardians must supply for their child, if applicable (for example: Extra clothing);

(p) Permission for a parent or guardian's access to areas of the school-age program during business hours;

(q) Termination of services policy;

(r) Emergency preparedness plan;

(s) The school-age provider's and program staff's duty to report incidents including reporting suspected abuse or neglect of a child or youth;

(t) Description of where the parent or guardian may find and review the school-age program's:

(i) Health policy;

(ii) Staff policies;

(iii) Consistent care policy;

(iv) Menus;

(v) Liability insurance;

(vi) Inspection reports and notices of enforcement actions, if applicable; and

(vii) Other relevant program policies.

History

Statutory Authority: 2024 c 298, 2023 c 122, 22 U.S.C. sec 7101 et seq., RCW 74.13.031, 74.04.050, 74.15.030, 43.215.070, 43.215.201, 43.216.055, 43.216.065, and 43.216.742. WSR 26-09-080, s 110-301-0450, filed 4/14/26, effective 5/15/26. Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0450, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0455 Attendance records.

(1) A school-age provider may keep a child in care up to a maximum of ten hours each day. If needed, the maximum time may be extended based upon the parent or guardian's work, an agreed upon alternate schedule, or travel to and from the school-age program.

(2) A school-age provider must keep daily child attendance records, either in paper or electronic format, for each child (including the children of staff in the program). These records must be easily accessible and kept on-site or in the program's administrative office for department review. These records must clearly document:

(a) The name of the child;

(b) The date of care;

(d) Signature or electronic signature of parent, guardian or other authorized person at the time of arrival and departure; and

(e) A staff signature when a child leaves the school-age program to attend school or participate in off-site activities not offered by the school-age program.

(3) A school-age provider must keep daily staff attendance records for each classroom or group of children. These attendance records must be on paper or in an electronic format and clearly document:

(a) The name of each staff member (including staff assigned to care for children with special needs and one-on-one care) and volunteers;

(b) The number of children in each classroom or with each group of children;

(d) The date; and

(e) Start and end times of the assigned staff or volunteers.

(4) If the attendance records are kept electronically, the electronic system must:

(a) Record either an electronic signature, swipecard, personal identification number (PIN), biometric reader, or similar action by the parent, guardian, or authorized person when signing the child in or out of care (or staff notation of who picked up or dropped off along with time in and out if authorized person does not have electronic signature, swipe card, PIN, biometric reader or similar action);

(b) Ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against disproof of the electronic records;

(d) Be able to authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;

(e) Be able to capture an electronic record for each transaction conducted;

(f) Be able to retain the electronic record in an accessible form for their legal minimum retention period;

(g) Be able to search and retrieve electronic records in the normal course of business; and

(h) Be able to perform in an accurate, reliable, and consistent manner in the normal course of business.

(a) Contents of the electronic record;

(b) Person signing the electronic record; and

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0455, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0460 Child records.

(1) A school-age provider must keep current individualized enrollment and health records for all enrolled children, including children of staff, updated annually or as often as enrolled children's health records are updated.

(a) A child's record must be kept in a confidential manner but in an area easily accessible to staff.

(b) A child's parent or guardian must be allowed access to all of their own child's records.

(2) Each child's enrollment record must include the following:

(a) The child's birth date;

(b) An enrolled child's parent or guardian's phone number, address, and contact information for reaching the family while the child is in care;

(c) Emergency contact information. If no emergency contact is available, a written and signed emergency contact plan may be accepted;

(d) Names and phone numbers of persons authorized to pick up enrolled children;

(e) A plan for special or individual needs of the child, if applicable, including parent or guardian signature, pursuant to WAC 110-301-0300;

(f) Signed parent or guardian permissions, pursuant to WAC 110-301-0450 as applicable for:

(i) Field trips;

(ii) Transportation;

(iii) Bathing, if the program uses a bathtub or shower described in WAC 110-301-0220(3);

(iv) Water activities including swimming pools or other bodies of water; and

(v) Photo, video, or surveillance activity.

(g) The beginning and end enrollment date for children no longer in the school-age program's care;

(h) Physical restraint documentation pursuant to WAC 110-301-0335, if applicable;

(i) Expulsion information, documentation, and steps taken to avoid expulsion, if applicable; and

(j) Termination of services documentation and communication.

(3) Each child's health record and the information described in subsection (2)(a) through (e) of this section must be available to staff for medical administration or emergencies.

(4) A health record is required for every child who is enrolled and counted in a school-age program's capacity. A health record must include:

(a) An immunization record, pursuant to WAC 110-301-0210;

(b) The child's health history including any known health conditions and the child's individual care plan, if applicable;

(d) Documentation of special medical procedure training by parent or guardian, if applicable;

(e) Medical and dental care provider names and contact information or what facility the parent or guardian would prefer for treatment;

(f) Dates of the child's last physical and dental exams, if available;

(g) Consent to seek medical care and treatment of the child in the event of injury or illness, signed by the child's parent or guardian;

(h) Signed parent or guardian permission for visiting health professionals who provide direct services to children at the school-age program;

(i) An incident or injury report, pursuant to 110-301-0475, that includes:

(i) The date and description of the child's incident or injury;

(ii) Treatment provided to the child while in care;

(iii) The names of the school-age program staff providing the treatment; and

(iv) Evidence that a copy of the incident or injury report was given to the child's parent or guardian.

(j) Documentation that a provider reported food poisoning or contagious diseases to the local health jurisdiction or the DOH, if applicable.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0460, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0465 Retaining facility and program records.

(1) A school-age provider must keep the records required in this chapter for a minimum of three years unless otherwise indicated.

(2) Attendance records must be kept for a minimum of five years.

(3) Facility and program records from the previous twelve months must be easily accessible and kept on-site or in the program's administrative office for department or other state agency's review.

(4) Records older than twelve months must be provided within two weeks of a written request by the department.

(5) A school-age provider must keep the following records available for department review:

(a) The parent or guardian handbook;

(b) Food temperature logs pursuant to CACFP, if applicable;

(d) Vaccination records for pets or animals that are housed in the school-age program, accessible to children during program operating hours, or both;

(e) Car insurance policy, if applicable;

(f) Program planning schedule;

(g) Documents from department visits (inspections, monitoring, compliance agreements, and safety plans); and

(h) Waivers or variances from department rules, if applicable.

(6) For any program that does not operate on public or private school premises, a school-age provider must keep the following records available for department review:

(a) Furniture and play equipment forms and specifications;

(b) Chromated copper arsenate test results, if applicable;

(d) Monthly inspection to identify fire hazards and elimination of such hazards;

(e) Monthly testing of smoke and carbon monoxide detectors;

(f) Monthly fire extinguisher inspection and annual maintenance;

(g) Lead and copper testing results;

(h) Private well and septic systems inspection and testing results, if applicable;

(i) Cleaning log for large area rugs or carpets;

(j) Pesticide use (seven years); and

(k) Tacoma smelter inspection results.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0465, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0470 Emergency preparedness plan.

(1) A school-age provider must have and follow a written emergency preparedness plan. The plan must be reviewed and approved by the department prior to when significant changes are made. Emergency preparedness plans must:

(a) Be designed to respond to fire, natural disasters, and other emergencies that might affect the school-age program;

(b) Be specific to the school-age program and able to be implemented during hours of operation;

(d) Address what the school-age program must do if parents or guardians are not able to get to their children for up to three days;

(e) Must follow requirements in chapter 212-12 WAC, Fire marshal standards, and the state fire marshal's office requirements;

(f) Be reviewed at program orientation, annually with all school-age program staff with documented signatures, and when the plan is updated; and

(g) Be reviewed with parents or guardians when a child is enrolled and when the plan is updated.

(2) The written emergency preparedness plan must cover at a minimum:

(a) Disaster plans, including fires that may require evacuation:

(i) An evacuation floor plan that identifies room numbers or names of rooms, emergency exit pathways, and emergency exit doors;

(ii) Methods to be used for sounding an alarm and calling 911;

(iii) Actions to be taken by a person discovering an emergency;

(iv) How the school-age provider will evacuate children, especially those who cannot walk independently. This may include children with disabilities, functional needs requirements, or other special needs;

(v) Where the alternate evacuation location is;

(vi) What to take when evacuating children, including:

(A) First-aid kits;

(B) Copies of emergency contact information;

(D) Individual children's medication, if applicable.

(vii) How the provider will maintain the required staff-to-child ratio and account for all children;

(viii) How parents or guardians will be able to contact the school-age program; and

(ix) How children will be reunited with their parents or guardians after the event.

(b) Earthquake procedures including:

(i) What a provider will do during an earthquake;

(ii) How a provider will account for all children; and

(iii) For any program that does not operate on public or private school premises, how a provider will coordinate with local or state officials to determine if the licensed space is safe for children after an earthquake.

(c) Public safety related lockdown scenarios where an individual at or near a school-age program is harming or attempting to harm others with or without a weapon. This plan must include lockdown of the school-age program or shelter-in-place steps including:

(i) How doors and windows will be secured to prevent access, if needed; and

(ii) Where children will safely stay inside the school-age program.

(d) How parents or guardians will be contacted after the emergency ends.

(3) A school-age provider must keep on the premises a three-day supply of food, water, and life-sustaining medication for the licensed capacity of children and current staff for use in case of an emergency. If a program is located in a public or private school building with an existing three-day supply of food and water that would sustain the school-age program's licensed capacity of children and staff, the school-age provider may submit to the department documentation from the school verifying the school agrees to allow the school-age program to access and use the three-day supply of food and water in an emergency.

(4) A school-age provider must practice and record emergency drills with staff and children as follows:

(a) Fire and evacuation drill once each calendar month;

(b) Earthquake, lockdown, or shelter-in-place drill once every three calendar months;

(c) Emergency drills must be conducted with a variety of staff and at different times of the day, including in the evening and during overnight hours if the school-age program offers care for children during those hours; and

(d) Drills must be recorded on a department form and include:

(i) The date and time of the drill;

(ii) The number of children and staff who participated;

(iii) The length of the drill; and

(iv) Notes about how the drill went and how it may be improved.

(5) In areas where local emergency plans are already in place, such as school districts, a school-age program may adopt or amend such procedures when developing their own plan.

History

Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0470, filed 4/27/21, effective 6/1/21.

Wash. Admin. Code § 110-301-0475 Duty to protect children and report incidents.

(1) Pursuant to RCW 26.44.030, when a school-age provider has reasonable cause to believe that a child has suffered abuse or neglect, that provider must report such incident, or cause a report to be made, to the proper law enforcement agency or the department. "Abuse or neglect" has the same meaning here as in RCW 26.44.020.

(2) A school-age provider must report by telephone to the listed individuals, department, and other government agencies when the provider knows or has reason to know of an act, event, or occurrence described in (a) through (f) of this subsection.

(a) Law enforcement or the department at the first opportunity, but in no case longer than 48 hours:

(i) The death of a child while in the school-age program's care or the death from injury or illness that may have occurred while the child was in care;