Washington Administrative Code

(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 annivers…

(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 …

(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, chap…

(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) 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 mus…

(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, …

(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 …

(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 provid…

(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 d…

(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…

(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 i…

(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 pr…

(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 provide…

(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 mann…

(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 accessi…

(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 …

(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" …

(1) A school-age 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 mus…

(1) A school-age provider must have and follow a termination of services policy.(2) A school-age 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 school-age program. Expectations and requ…

(1) A school-age provider must have and follow an expulsion policy, pursuant to WAC 110-301-0340.(2) An expulsion policy must:(a) Provide examples of behavior that could lead to expulsion from the school-age program;(b) Detail steps the provider takes to avoid expelling a child i…

(1) A school-age provider must have and follow a child restraint policy that contains behavior management and practices, pursuant to WAC 110-301-0335.(2) A restraint policy must be:(a) Appropriate for children's developmental level, abilities, and language skills;(b) Directly rel…

A school-age program must have and follow a policy that promotes the consistent care of children with a goal of building long-term, trusting relationships.[Statutory Authority: RCW 43.216.055 and 43.216.065. WSR 21-10-035, § 110-301-0495, filed 4/27/21, effective 6/1/21.]

(1) A school-age 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 otherw…

(1) Postings listed in subsection (2) of this section that are part of a school-age program must be clearly visible to parents, guardians, and school-age program staff.(2) Postings on school-age premises must include:(a) The school-age program license, pursuant to WAC 110-301-001…

(1) Under RCW 43.216.742 the department of children, youth, and families is required to establish an outdoor nature-based (ONB) child care program and must comply with the requirements described in this subsection.(a) The department must adopt rules to implement the ONB child car…

The following definitions apply to this chapter unless the context clearly requires otherwise."Abuse or neglect" means the same as defined in RCW 26.44.020."Accessible to children" means items, areas, or materials of an outdoor nature-based program (ONB) that a child can reasonab…

(1) Pursuant to RCW 43.216.295 and 43.216.742, individuals or entities that provide ONB child care services for a group of children who are 30 months through 12 years of age must be licensed by the department, unless the individuals or entities are exempt from licensing under RCW…

(1) Pursuant to RCW 43.216.305(1) and subject to this chapter, full licenses 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. Current licensees or applicants must apply to transfer a license us…

(1) Licensees must have written plans for when the director, program director, assistant director, site director, and program supervisor will be simultaneously absent but the ONB program remains open for the care of children. If the director, program director, assistant director,…

(1) If a licensee plans to temporarily close their ONB program for more than 30 calendar days, and this closure is a departure from the ONB program's regular schedule, the ONB provider must submit a notification to go on inactive status to the department at least two business day…

(1) If the department suspects that individuals or agencies are operating an unlicensed ONB program, the department must follow the requirements described in RCW 43.216.360.(2) If an individual or agency decides to obtain a license, within 30 calendar days from the date of the de…

(1) Pursuant to RCW 43.216.010(2), the department must not license ONB programs that are legally exempt from licensing pursuant. However, if ONB programs request to become certified by the department, the department must apply all licensing rules to the otherwise exempt programs.…

(1) ONB 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…

(1) Pursuant to RCW 43.216.250(8), applicants and ONB programs must grant reasonable access to the department during their hours of operation for the purpose of announced or unannounced inspections.(a) Applicants, licensees, and ONB program staff must allow the department's autho…

(1) ONB providers must inform parents or guardians of preschool-age children about the importance of developmental screenings.(2) If not conducted on-site, ONB providers must share information with parents or guardians of preschool-age children about organizations that conduct de…

(1) At least once per calendar year, ONB providers must supply kindergarten or school readiness materials to the parents or guardians of preschool-age children.(2) Kindergarten or school readiness materials must be the same or similar to resources posted online by OSPI, the depar…

ONB providers who serve and enroll preschool-age children must assess their ONB program within one year of being licensed to identify ways to support the families of enrolled children. ONB providers must complete the strengthening families ONB program self-assessment, or an equiv…

(1) ONB providers must communicate with families to identify individual children's developmental goals for each preschool-age child enrolled in the ONB program.(2) ONB providers must attempt to obtain information from each child's family about that child's developmental, behavior…

All ONB providers must meet the applicable requirements detailed in this section prior to working at a licensed or certified ONB program.(1) Prior to being granted an initial license, licensees must:(a) Meet the requirements of the director listed in subsection (2) of this sectio…

(1) A department provided ONB program orientation must be completed by:(a) Applicants, coapplicants, licensees, directors, program directors, assistant directors, site directors, and program supervisors;(b) Lead teachers who work without any of the individuals listed in (a) of th…

(1) ONB providers must complete the child care basics or the otherwise applicable training requirements contained in subsections (4) through (7) of this section. These trainings must be completed within three months of the date of initial licensure or the date of hire and prior t…

(1) Directors, program directors, assistant directors, site directors, program supervisors, lead teachers, and assistant teachers must complete 10 hours of annual in-service training after 12 months of cumulative employment.(a) Directors, assistant directors, program supervisors,…

(1) An ONB provider must have and follow written policies for ONB 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 an ONB provider's initial license. ONB provide…

(1) ONB providers who oversee staff must:(a) Establish a work plan with clear expectations;(b) Be aware of what staff are doing; and(c) Be available and able to respond to an emergency to protect the health and safety of children in care.(2) When the director, program director, a…

(1) ONB providers must establish a records system for themselves, staff, and volunteers that complies with the requirements described in this chapter. Staff records must be:(a) Confirmed by the licensee, director, program director, assistant director, site director, or program su…

(1) Licensees 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, working telephone to use for emergency calls or to contact the parents of enroll…

(1) ONB providers must have the personal characteristics, competencies, and suitability described in this section to operate, oversee, or work in a licensed ONB program.(a) The understanding, ability, physical health, emotional stability, good judgment, and personality suited to …

(1) ONB programs utilizing indoor space or structure only to meet the biological needs of children must comply with WAC 110-302-0356 and 110-302-0415, and all other applicable requirements of this chapter.(2) ONB providers utilizing indoor space or structure for educational activ…

(1) ONB programs operating with a permanently located outdoor classroom must have accessible and child-size furniture and equipment in sufficient quantity for the number of children in care. ONB programs may use picnic benches in sufficient quantity for the number of children in …

(1) ONB program materials and equipment must be visible and accessible to children in care, and arranged to promote and encourage independent access by children. The outdoor natural environment must provide age and developmentally appropriate materials for children, consistent wi…