Child care

AN ACT Relating to improving the well-being of children in child 1
care by enhancing transparency measures and modifying liability 2
insurance requirements; amending RCW 43.216.325, 43.216.687, and 3
43.216.700; creating a new section; and providing an expiration date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.216.325 and 2021 c 304 s 15 are each amended to 6
read as follows: 7
(1) An agency may be denied a license, or any license issued 8
pursuant to this chapter may be suspended, revoked, modified, or not 9
renewed by the secretary upon proof : (a) ((that)) That the agency has 10
failed or refused to comply with the provisions of this chapter or 11
the requirements adopted pursuant to this chapter; or (b) that the 12
conditions required for the issuance of a license under this chapter 13
have ceased to exist with respect to such licenses. RCW 43.216.327 14
governs notice of a license denial, revocation, suspension, or 15
modification and provides the right to an adjudicative proceeding.16
(2) In any adjudicative proceeding regarding the denial, 17
modification, suspension, or revocation of any license under this 18
chapter, the department's decision shall be upheld if it is supported 19
by a preponderance of the evidence. 20
H-0443.1
HOUSE BILL 1282
State of Washington 69th Legislature 2025 Regular Session
By Representatives Pollet and Simmons
Read first time 01/14/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1282
(3)(a) The department may assess civil monetary penalties upon 1
proof that an agency has failed or refused to comply with the rules 2
adopted under this chapter or that an agency subject to licensing 3
under this chapter is operating without a license except that civil 4
monetary penalties shall not be levied against a licensed foster 5
home. 6
(b) Monetary penalties levied against unlicensed agencies that 7
submit an application for licensure within thirty days of 8
notification and subsequently become licensed will be forgiven. These 9
penalties may be assessed in addition to or in lieu of other 10
disciplinary actions. Civil monetary penalties, if imposed, may be 11
assessed and collected, with interest, for each day an agency is or 12
was out of compliance. 13
(c) Civil monetary penalties shall not exceed one hundred fifty 14
dollars per violation for a family day care home and two hundred 15
fifty dollars per violation for child day care centers or outdoor 16
nature-based child care programs. Each day upon which the same or 17
substantially similar action occurs is a separate violation subject 18
to the assessment of a separate penalty. 19
(d) The department shall provide a notification period before a 20
monetary penalty is effective and may forgive the penalty levied if 21
the agency comes into compliance during this period.22
(e) The department may suspend, revoke, or not renew a license 23
for failure to pay a civil monetary penalty it has assessed pursuant 24
to this chapter within ten days after such assessment becomes final. 25
RCW 43.216.335 governs notice of a civil monetary penalty and 26
provides the right to an adjudicative proceeding. The preponderance 27
of evidence standard shall apply in adjudicative proceedings related 28
to assessment of civil monetary penalties. 29
(4)(a) In addition to or in lieu of an enforcement action being 30
taken, the department may place a child day care center, outdoor 31
nature-based child care provider, or family day care provider on 32
nonreferral status if the center or provider has failed or refused to 33
comply with this chapter or rules adopted under this chapter or an 34
enforcement action has been taken. The nonreferral status may 35
continue until the department determines that: (i) No enforcement 36
action is appropriate; or (ii) a corrective action plan has been 37
successfully concluded. 38
(b) Whenever a child day care center, outdoor nature-based child 39
care provider, or family day care provider is placed on nonreferral 40
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status, the department shall provide written notification to the 1
child day care center, outdoor nature-based child care provider, or 2
family day care provider. 3
(5) The department shall notify appropriate public and private 4
child care resource and referral agencies of the department's 5
decision to: (a) Take an enforcement action against a child day care 6
center, outdoor nature-based child care provider, or family day care 7
provider; or (b) place or remove a child day care center, outdoor 8
nature-based child care provider, or family day care provider on 9
nonreferral status. 10
(6) Whenever the department suspends, revokes, or declines to 11
renew the license of a child day care center, outdoor nature-based 12
child care provider, or family day care provider, the department 13
shall notify all parents and guardians of children enrolled with the 14
center or provider of the suspension, revocation, or nonrenewal. The 15
center or provider shall promptly provide the department with the 16
contact information necessary for the department to fulfill this 17
requirement.18
Sec. 2. RCW 43.216.687 and 2021 c 304 s 24 are each amended to 19
read as follows: 20
(1) Every child day care center, outdoor nature-based child care 21
provider, and family day care provider shall prominently post the 22
following items, in a manner that is clearly visible to and takes 23
into account the linguistic needs of parents and staff:24
(a) The license issued under this chapter; 25
(b) The department's toll-free telephone number established by 26
RCW 43.216.685; 27
(c) The notice of any pending enforcement action. The notice must 28
be posted immediately upon receipt. The notice must be posted for at 29
least two weeks or until the violation causing the enforcement action 30
is corrected, whichever is longer; 31
(d) A notice that inspection reports and any notices of 32
enforcement actions for the previous three years are available from 33
the licensee and the department; ((and))34
(e) Proof of insurance coverage as described in RCW 43.216.700, 35
if applicable, including liability limits under the policy or 36
policies of the child day care center, outdoor nature-based child 37
care provider, or family day care provider;38
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(f) The early achievers rating level of the child day care 1
center, outdoor nature-based child care provider, or family day care 2
provider, if any;3
(g)(i) Subject to (g)(ii) of this subsection, a notice in the 4
form of a poster designed by the department stating that licensing 5
history, inspection reports, and early achievers ratings information 6
for child day care centers, outdoor nature-based child care 7
providers, and family day care providers is available through the 8
department's website, along with clear instructions as to how to 9
access that information;10
(ii) Child day care centers, outdoor nature-based child care 11
providers, and family day care providers shall post the notice 12
required in this subsection (1)(g) within 30 days of receiving a 13
standard poster from the department and within 30 days of receipt of 14
any updated poster; and15
(h) Any other information required by the department.16
(2) Every child day care center, outdoor nature-based child care 17
provider, and family day care provider that maintains a website shall 18
provide a link on the website to the department's web page displaying 19
or linking to provider licensing history, inspection reports, and 20
early achievers ratings.21
(3) Outdoor nature-based child care providers without a suitable 22
physical location for posting may post the information required in 23
this section at the host park headquarters or visitor center, or at 24
another location likely to be observed by parents and guardians, and 25
shall publish the information on any website maintained by the 26
provider.27
(4) The department shall disclose the receipt, general nature, 28
and resolution or current status of all complaints on record with the 29
department after July 24, 2005, against a child day care center or 30
family day care provider that result in an enforcement action. 31
Information may be posted: 32
(a) On a website; or 33
(b) In a physical location that is easily accessed by parents and 34
potential employers. 35
(((3))) (5) This section shall not be construed to require the 36
disclosure of any information that is exempt from public disclosure 37
under chapter 42.56 RCW. 38
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Sec. 3. RCW 43.216.700 and 2021 c 304 s 27 are each amended to 1
read as follows: 2
(1) Every licensed child day care center and outdoor nature-based 3
child care provider shall, at the time of licensure or renewal and at 4
any inspection, provide to the department proof that the licensee has 5
day care insurance as defined in RCW 48.88.020, or is self-insured 6
pursuant to chapter 48.90 RCW. 7
(a) Every licensed child day care center and outdoor nature-based 8
child care provider shall comply with the following requirements:9
(i) Notify the department when coverage has been terminated;10
(ii) ((Post)) In addition to posting proof of insurance coverage 11
as required in RCW 43.216.687, post at the day care center or outdoor 12
nature-based child care location, in a manner likely to be observed 13
by patrons, any notice that coverage has lapsed or been terminated . 14
Outdoor nature-based child care providers without a suitable physical 15
location for posting may fulfill this requirement in the manner 16
described in RCW 43.216.687(3); 17
(iii) Provide written notice to parents ((that)) of insurance 18
coverage as required by this section with preenrollment materials, 19
including liability limits under the licensee's policy or policies, 20
and written notice if coverage has lapsed or terminated within thirty 21
days of lapse or termination; and22
(iv) Post notice of insurance coverage as required by this 23
section, including liability limits under the licensee's policy or 24
policies and a link to review the policy or policies, on any website 25
maintained by the licensee. 26
(b) Liability limits under this subsection shall be ((the same as 27
set forth in RCW 48.88.050)) determined by the department in rule.28
(c) The department may take action as provided in RCW 43.216.325 29
if the licensee fails to maintain in full force and effect the 30
insurance required by this subsection. 31
(d) This subsection applies to child day care centers and outdoor 32
nature-based child care providers holding licenses, initial licenses, 33
and probationary licenses under this chapter. 34
(((e) A child day care center holding a license under this 35
chapter on July 24, 2005, is not required to be in compliance with 36
this subsection until the time of renewal of the license or until 37
January 1, 2006, whichever is sooner.))38
(2)(a) Every licensed family day care provider shall, at the time 39
of licensure or renewal either: 40
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(i) Provide to the department proof that the licensee has day 1
care insurance as defined in RCW 48.88.020, or other applicable 2
insurance; or 3
(ii) Provide written notice of their insurance status on a 4
standard form developed by the department to parents with a child 5
enrolled in family day care and keep a copy of the notice to each 6
parent on file. Family day care providers may choose to opt out of 7
the requirement to have day care or other applicable insurance but 8
must provide written notice of their insurance status to parents with 9
a child enrolled and shall not be subject to the requirements of (b) 10
or (c) of this subsection. 11
(b) Any licensed family day care provider that provides to the 12
department proof that the licensee has insurance as provided under 13
(a)(i) of this subsection shall comply with the following 14
requirements: 15
(i) Notify the department when coverage has been terminated;16
(ii) ((Post)) In addition to posting proof of insurance coverage 17
as required in RCW 43.216.687, post at the day care home, in a manner 18
likely to be observed by patrons, any notice that coverage has lapsed 19
or been terminated; 20
(iii) Provide written notice to parents ((that)) of insurance 21
coverage with preenrollment materials, including liability limits 22
under the licensee's policy or policies, and written notice if 23
coverage has lapsed or terminated within thirty days of lapse or 24
termination; and25
(iv) Post notice of insurance coverage, including liability 26
limits under the licensee's policy or policies and a link to review 27
the policy or policies, on any website maintained by the licensee.28
(c) Liability limits under (a)(i) of this subsection shall be 29
((the same as set forth in RCW 48.88.050)) determined by the 30
department in rule. 31
(d) The department may take action as provided in RCW 43.216.325 32
if the licensee fails to comply with the requirements of this 33
subsection. 34
(((e) A family day care provider holding a license under this 35
chapter on July 24, 2005, is not required to be in compliance with 36
this subsection until the time of renewal of the license or until 37
January 1, 2006, whichever is sooner.))38
p. 6 HB 1282
(3) Noncompliance or compliance with the provisions of this 1
section shall not constitute evidence of liability or nonliability in 2
any injury litigation. 3
NEW SECTION. Sec. 4. (1) By September 1, 2025, the department 4
of children, youth, and families shall:5
(a) Assess its website for the accessibility of information 6
pertaining to child care provider and center licensing history, 7
inspection reports, and early achievers ratings, and take steps to 8
make associated information and applicable links easier to locate for 9
parents and guardians; and 10
(b) Design and make available a standard notice for the posting 11
required by RCW 43.216.687(1)(g). 12
(2) The department of children, youth, and families must review 13
the minimum liability limits for day care insurance identified in RCW 14
48.88.050 and recommend updated limits that take into account 15
insurance product availability, inflation, and average and potential 16
liability coverage needs of child care entities. By December 1, 2025, 17
and in accordance with RCW 43.01.036, the department of children, 18
youth, and families must report to the appropriate committees of the 19
legislature with its recommendations. 20
(3) This section expires August 1, 2027. 21
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