Washington Administrative Code

(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 recei…

(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 …

(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 w…

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 c…

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.…

(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…

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 th…

(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 con…

(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 exi…

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 a…

Based on RCW 26.44.125, any administrative hearing regarding founded CPS findings is confidential and must not be open to the public.[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.…

(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…

After the administrative hearing, the ALJ will send a written decision to the appellant and the department.[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 02-17-0…

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.[Statutory Authority: 2017 c 6. WSR 20-04-019, § 110-30-0360, filed 1/27/20, effective …

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 d…

(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 recipien…

(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…

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…

(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 m…

(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 u…

(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 …

(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 …

(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 …

(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. I…

(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, gen…

(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…

(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 organization…

(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 reso…

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…

(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, cultura…

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 twelve children present at one time.(a) A family h…

(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 …

(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…

(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 depar…

(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 lic…

(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(c) Be available and able to respond in an emergency as needed to protect the health and safety of children in care.(2) When t…

(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 direc…

(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;…

(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 dis…

(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 …

(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. Mater…

(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…

(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 mu…

(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 pursu…

(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;(c) If gardening in rais…

(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…

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 r…

(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 eq…

(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…

(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 mus…