Child care providers

AN ACT Relating to increasing affordable child care options by 1
reducing barriers for providers; amending RCW 43.216.660, 43.216.065, 2
43.216.250, 43.216.255, 43.216.085, 43.216.087, 43.216.089, 3
43.216.090, 43.216.110, 43.216.135, 43.216.515, 43.216.555, 4
43.216.578, 43.216.578, 43.216.742, 43.31.575, 26.44.272, 36.70A.450, 5
and 43.216.015; reenacting and amending RCW 43.216.010; repealing RCW 6
43.216.395; providing an effective date; and providing an expiration 7
date. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
Sec. 1. RCW 43.216.660 and 2021 c 304 s 22 are each amended to 10
read as follows: 11
It shall be the policy of the state of Washington to:12
(1) Recognize the family as the most important social and 13
economic unit of society and support the central role parents play in 14
child rearing. All parents are encouraged to care for and nurture 15
their children through the traditional methods of parental care at 16
home. The availability of quality, affordable child care is a concern 17
for working parents, the costs of care are often beyond the resources 18
of working parents, and child care facilities are not located 19
conveniently to workplaces and neighborhoods. Parents are encouraged 20
S-0543.1
SENATE BILL 5416
State of Washington 69th Legislature 2025 Regular Session
By Senators Gildon, Chapman, and Dozier
Read first time 01/22/25. Referred to Committee on Early Learning &
K-12 Education.
p. 1 SB 5416
to participate fully in the effort to improve the quality of child 1
care services((.));2
(2) Promote a variety of culturally and developmentally 3
appropriate child care settings and services of the highest possible 4
quality in accordance with the basic principle of continuity of care. 5
These settings shall include, but not be limited to, family day care 6
homes, outdoor nature-based child care, centers, and schools((.));7
(3) Promote the growth, development and safety of children by 8
working with community groups including providers and parents to 9
establish standards for quality service, training of child care 10
providers, fair and equitable monitoring, and salary levels 11
commensurate with provider responsibilities and support 12
services((.));13
(4) Promote equal access to quality, affordable, socio-14
economically integrated child care for all children and 15
families((.));16
(5) Facilitate broad community and private sector involvement in 17
the provision of quality child care services to foster economic 18
development and assist industry through the department; and19
(6) Ensure consistent, equitable, fair, and collaborative 20
licensing enforcements to protect the health and safety of children 21
while promoting discussion and cooperation between licensors and 22
child care providers. 23
Sec. 2. RCW 43.216.065 and 2018 c 58 s 13 are each amended to 24
read as follows: 25
(1) In addition to other duties under this chapter, the secretary 26
shall actively participate in a nongovernmental private-public 27
partnership focused on supporting government's investments in early 28
learning and ensuring that every child in the state is prepared to 29
succeed in school and in life. Except for licensing as required by 30
Washington state law and to the extent permitted by federal law, the 31
secretary shall grant waivers from the rules of state agencies for 32
the operation of early learning programs requested by the 33
nongovernmental private-public partnership to allow for flexibility 34
to pursue market-based approaches to achieving the best outcomes for 35
children and families. 36
(2) In addition to other powers granted to the secretary, the 37
secretary may: 38
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(a) Enter into contracts on behalf of the department to carry out 1
the purposes of this chapter; 2
(b) Accept gifts, grants, or other funds for the purposes of this 3
chapter; and 4
(c) Adopt, in accordance with chapter 34.05 RCW, rules necessary 5
to implement this chapter, including rules governing child ((day)) 6
care and early learning programs under this chapter. Rules governing 7
child care licensing must be limited to protecting the health and 8
safety of children and must be in accordance with RCW 43.216.250. 9
This section does not expand the rule-making authority of the 10
secretary beyond that necessary to implement and administer programs 11
and services existing July 1, 2006, as transferred to the department 12
of early learning under section 501, chapter 265, Laws of 2006. The 13
rule-making authority does not include any authority to set mandatory 14
curriculum or establish what must be taught in child ((day)) care 15
centers or by family ((day care)) home providers. 16
Sec. 3. RCW 43.216.250 and 2021 c 304 s 9 are each amended to 17
read as follows: 18
It shall be the secretary's duty with regard to licensing under 19
this chapter: 20
(1) In consultation and with the advice and assistance of persons 21
representative of the various type agencies to be licensed, to 22
designate categories of child care facilities or outdoor locations 23
for which separate or different requirements shall be developed as 24
may be appropriate whether because of variations in the ages and 25
other characteristics of the children served, variations in the 26
purposes and services offered or size or structure of the agencies to 27
be licensed, or because of any other factor relevant thereto;28
(2)(a) In consultation with the state fire marshal's office, the 29
secretary shall use an interagency process to address health and 30
safety requirements for child care programs that serve school-age 31
children and are operated in buildings that contain public or private 32
schools that safely serve children during times in which school is in 33
session; 34
(b) Any requirements in (a) of this subsection as they relate to 35
the physical facility, including outdoor playgrounds, do not apply to 36
before-school and after-school programs that serve only school-age 37
children and operate in the same facilities used by public or private 38
schools; 39
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(3) In consultation and with the advice and assistance of parents 1
or guardians, and persons representative of the various type agencies 2
to be licensed, to adopt and publish minimum requirements for 3
licensing applicable to each of the various categories of agencies to 4
be licensed under this chapter; 5
(4) In consultation with law enforcement personnel, the secretary 6
shall investigate the conviction record or pending charges of each 7
agency and its staff seeking licensure or relicensure, and other 8
persons having unsupervised access to children in child care;9
(5) To satisfy the shared background check requirements provided 10
for in RCW 43.216.270 and 43.20A.710, the department of children, 11
youth, and families and the department of social and health services 12
shall share federal fingerprint-based background check results as 13
permitted under the law. The purpose of this provision is to allow 14
both departments to fulfill their joint background check 15
responsibility of checking any individual who may have unsupervised 16
access to vulnerable adults, children, or juveniles. Neither 17
department may share the federal background check results with any 18
other state agency or person; 19
(6) To issue, revoke, or deny licenses to agencies pursuant to 20
this chapter. Licenses shall specify the category of child care that 21
an agency is authorized to render and the ages and number of children 22
to be served; 23
(7) To prescribe the procedures and the form and contents of 24
reports necessary for the administration of this chapter and to 25
require regular reports from each licensee; 26
(8) To inspect agencies periodically to determine whether or not 27
there is compliance with this chapter and the requirements adopted 28
under this chapter; 29
(9) To require health and safety training and make any early 30
childhood education certificates optional;31
(10) To review requirements adopted under this chapter at least 32
every two years and to adopt appropriate changes after consultation 33
with affected groups for child care requirements; and34
(((10))) (11) To consult with public and private agencies in 35
order to help them improve their methods and facilities for the care 36
and early learning of children. 37
Sec. 4. RCW 43.216.255 and 2021 c 304 s 10 are each amended to 38
read as follows: 39
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(1) No later than November 1, ((2016)) 2026, the department shall 1
implement a single set of licensing standards for child care and the 2
early childhood education and assistance program. The department 3
shall produce the single set of licensing standards within the 4
department's available appropriations. The new licensing standards 5
must: 6
(a) Provide minimum licensing requirements for child care and 7
preschool programs; 8
(b) ((Rely on the standards established in the early achievers 9
program to address quality issues in participating early childhood 10
programs)) Limit licensing requirements for child care to protecting 11
the health and safety of children in accordance with subsection (2) 12
of this section; 13
(c) Take into account the separate needs of family ((care)) home 14
providers, outdoor nature-based child care providers, and child care 15
centers; and 16
(d) Promote the continued safety of child care settings.17
(2) The department must analyze the licensing standards with 18
requirements related to: Indoor and outdoor square footage; physical 19
space, furnishings, equipment, and room arrangement; staff-to-child 20
ratios; and group sizes. The department must lessen these 21
requirements to the minimum needed to protect the health and safety 22
of children.23
(3) Private schools that operate early learning programs and do 24
not receive state subsidy payments shall be subject to ((the minimum 25
health and safety standards as defined in RCW 43.216.395(2)(b),)) the 26
health and safety requirements under chapter 28A.195 RCW((,)) and the 27
requirements necessary to assure a sufficient early childhood 28
education to meet usual requirements needed for transition into 29
elementary school. The state, and any agency thereof, shall not 30
restrict or dictate any specific educational or other programs for 31
early learning programs operated by private schools except for 32
programs that receive state subsidy payments. 33
Sec. 5. RCW 43.216.085 and 2021 c 304 s 6 are each amended to 34
read as follows: 35
(1) The department, in collaboration with tribal governments and 36
community and statewide partners, shall implement a quality rating 37
and improvement system, called the early achievers program. The early 38
achievers program provides a foundation of quality for the early care 39
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and education system. The early achievers program is ((applicable 1
to)) voluntary for licensed or certified child care centers, family 2
home child care, outdoor nature-based child care, and early learning 3
programs such as working connections child care and early childhood 4
education and assistance programs. 5
(2) The objectives of the early achievers program are to:6
(a) Improve short-term and long-term educational outcomes for 7
children as measured by assessments including, but not limited to, 8
the Washington kindergarten inventory of developing skills in RCW 9
28A.655.080; 10
(b) Give parents clear and easily accessible information about 11
the quality of child care and early education programs;12
(c) Support improvement in early learning and child care programs 13
throughout the state; 14
(d) Increase the readiness of children for school;15
(e) Close the disparities in access to quality care;16
(f) Provide professional development and coaching opportunities 17
to early child care and education providers; and 18
(g) Establish a common set of expectations and standards that 19
define, measure, and improve the quality of early learning and child 20
care settings. 21
(3)(((a) Licensed or certified child care centers, family home 22
child care, and outdoor nature-based child care, serving nonschool-23
age children and receiving state subsidy payments, must participate 24
in the early achievers program by the required deadlines established 25
in RCW 43.216.135.26
(b) Approved early childhood education and assistance program 27
providers receiving state-funded support must participate in the 28
early achievers program by the required deadlines established in RCW 29
43.216.515.30
(c))) Participation in the early achievers program is voluntary 31
((for:32
(i) Licensed or certified child care centers, family home child 33
care, and outdoor nature-based child care, not receiving state 34
subsidy payments; and35
(ii) Early learning programs not receiving state funds.36
(d) School-age child care providers are exempt from participating 37
in the early achievers program. By July 1, 2017, the department and 38
the office of the superintendent of public instruction shall jointly 39
design a plan to incorporate school-age child care providers into the 40
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early achievers program or other appropriate quality improvement 1
system. To test implementation of the early achievers system for 2
school-age child care providers the department and the office of the 3
superintendent of public instruction shall implement a pilot 4
program)). 5
(4)(a) There are five primary levels in the early achievers 6
program. 7
(b) In addition to the primary levels, the department must 8
establish an intermediate level that is between level 3 and level 4 9
and serves to assist participants in transitioning to level 4.10
(c) Participants are expected to actively engage and continually 11
advance within the program. 12
(5) The department has the authority to determine the rating 13
cycle for the early achievers program. The department shall 14
streamline and eliminate duplication between early achievers 15
standards and state child care rules in order to reduce costs 16
associated with the early achievers rating cycle and child care 17
licensing. 18
(a) Early achievers program participants may request to be rated 19
at any time after the completion of all level 2 activities.20
(b) The department shall provide an early achievers program 21
participant an update on the participant's progress toward completing 22
level 2 activities after the participant has been enrolled in the 23
early achievers program for ((fifteen)) 15 months.24
(c) The first rating is free for early achievers program 25
participants. 26
(d) Each subsequent rating within the established rating cycle is 27
free for early achievers program participants. 28
(6)(a) Early achievers program participants may request to be 29
rerated outside the established rating cycle. A rerating shall reset 30
the rating cycle timeline for participants. 31
(b) The department may charge a fee for optional rerating 32
requests made by program participants that are outside the 33
established rating cycle. 34
(c) Fees charged are based on, but may not exceed, the cost to 35
the department for activities associated with the early achievers 36
program. 37
(7)(a) The department must create a single source of information 38
for parents and caregivers to access details on a provider's early 39
achievers program rating level, licensing history, and other 40
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indicators of quality and safety that will help parents and 1
caregivers make informed choices. The licensing history that the 2
department must provide for parents and caregivers pursuant to this 3
subsection shall only include license suspension, surrender, 4
revocation, denial, stayed suspension, or reinstatement. No unfounded 5
child abuse or neglect reports may be provided to parents and 6
caregivers pursuant to this subsection. 7
(b) The department shall publish to the department's website, or 8
offer a link on its website to, the following information:9
(i) Early achievers program rating levels 1 through 5 for all 10
participating child care programs ((that receive state subsidy )), 11
early childhood education and assistance programs, and federal head 12
start programs in Washington; and 13
(ii) New early achievers program ratings within ((thirty)) 30 14
days after a program ((becomes licensed or certified, or )) receives a 15
rating. 16
(c) The early achievers program rating levels shall be published 17
in a manner that is easily accessible to parents and caregivers and 18
takes into account the linguistic needs of parents and caregivers.19
(d) ((The department must publish early achievers program rating 20
levels for child care programs that do not receive state subsidy but 21
have voluntarily joined the early achievers program.22
(e))) Early achievers program participants who have published 23
rating levels on the department's website or on a link on the 24
department's website may include a brief description of their 25
program, contingent upon the review and approval by the department, 26
as determined by established marketing standards. 27
(8)(a) The department shall create a professional development 28
pathway for early achievers program participants to obtain a high 29
school diploma or equivalency or higher education credential in early 30
childhood education, early childhood studies, child development, or 31
an academic field related to early care and education.32
(b) The professional development pathway must include 33
opportunities for scholarships and grants to assist early achievers 34
program participants with the costs associated with obtaining an 35
educational degree. 36
(c) The department shall address cultural and linguistic 37
diversity when developing the professional development pathway.38
(9) The early achievers quality improvement awards shall be 39
reserved for participants offering programs to an enrollment 40
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population consisting of at least five percent of children receiving 1
a state subsidy. 2
(10) ((In collaboration with tribal governments, community and 3
statewide partners, and the early achievers review subcommittee 4
created in RCW 43.216.075, the department shall develop a protocol 5
for granting early achievers program participants an extension in 6
meeting rating level requirement timelines outlined for the working 7
connections child care program and the early childhood education and 8
assistance program.9
(a) The department may grant extensions only under exceptional 10
circumstances, such as when early achievers program participants 11
experience an unexpected life circumstance.12
(b) Extensions shall not exceed six months, and early achievers 13
program participants are only eligible for one extension in meeting 14
rating level requirement timelines.15
(c) Extensions may only be granted to early achievers program 16
participants who have demonstrated engagement in the early achievers 17
program.18
(11)))(a) The department shall accept national accreditation that 19
meets the requirements of this subsection (((11))) (10) as a 20
qualification for the early achievers program ratings.21
(b) Each national accreditation agency will be allowed to submit 22
its most current standards of accreditation to establish potential 23
credit earned in the early achievers program. The department shall 24
grant credit to accreditation bodies that can demonstrate that their 25
standards meet or exceed the current early achievers program 26
standards. ((By December 1, 2019, and subject to the availability of 27
amounts appropriated for this specific purpose, the department must 28
submit a detailed plan to the governor and the legislature to 29
implement a robust cross-accreditation process with multiple pathways 30
that allows a provider to earn equivalent early achievers credit 31
resulting from accreditation by high quality national 32
organizations.))33
(c) Licensed child care centers, child care home providers, and 34
outdoor nature-based child care must meet national accreditation 35
standards approved by the department for the early achievers program 36
in order to be granted credit for the early achievers program 37
standards. Eligibility for the early achievers program is not subject 38
to bargaining, mediation, or interest arbitration under RCW 39
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41.56.028, consistent with the legislative reservation of rights 1
under RCW 41.56.028(4)(d). 2
(((12))) (11) The department shall explore the use of alternative 3
quality assessment tools that meet the culturally specific needs of 4
the federally recognized tribes in the state of Washington.5
(((13))) (12) A child care or early learning program that is 6
operated by a federally recognized tribe and receives state funds 7
((shall)) may participate in the early achievers program. The tribe 8
may choose to participate through an interlocal agreement between the 9
tribe and the department. The interlocal agreement must reflect the 10
government-to-government relationship between the state and the 11
tribe, including recognition of tribal sovereignty. The interlocal 12
agreement must provide that: 13
(a) Tribal child care facilities and early learning programs may 14
volunteer, but are not required, to be licensed by the department;15
(b) Tribal child care facilities and early learning programs are 16
not required to have their early achievers program rating level 17
published to the department's website or through a link on the 18
department's website; and 19
(c) Tribal child care facilities and early learning programs must 20
provide notification to parents or guardians who apply for or have 21
been admitted into their program that early achievers program rating 22
level information is available and provide the parents or guardians 23
with the program's early achievers program rating level upon request.24
(((14))) (13) The department shall consult with the early 25
achievers review subcommittee on all substantial policy changes to 26
the early achievers program. 27
(((15))) (14) Nothing in this section changes the department's 28
responsibility to collectively bargain over mandatory subjects or 29
limits the legislature's authority to make programmatic modifications 30
to licensed child care and early learning programs under RCW 31
41.56.028(4)(d). 32
Sec. 6. RCW 43.216.087 and 2021 c 304 s 7 are each amended to 33
read as follows: 34
(1)(a) The department shall, in collaboration with tribal 35
governments and community and statewide partners, implement a 36
protocol to maximize and encourage participation in the early 37
achievers program for culturally diverse and low-income center, 38
family home, and outdoor nature-based child care providers. Amounts 39
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appropriated for the encouragement of culturally diverse and low-1
income center, family home, and outdoor nature-based child care 2
provider participation shall be appropriated separately from the 3
other funds appropriated for the department, are the only funds that 4
may be used for the protocol, and may not be used for any other 5
purposes. Funds appropriated for the protocol shall be considered an 6
ongoing program for purposes of future departmental budget requests.7
(b) The department shall prioritize the resources authorized in 8
this section to assist providers in the early achievers program to 9
help them reach a rating of level 3 or higher ((wherever access to 10
subsidized care is at risk)). 11
(2) The protocol should address barriers to early achievers 12
program participation and include at a minimum the following:13
(a) The creation of a substitute pool; 14
(b) The development of needs-based grants for providers in the 15
early achievers program who demonstrate a need for assistance to 16
improve program quality. Needs-based grants may be used for 17
environmental improvements of early learning facilities; purchasing 18
curriculum development, instructional materials, supplies, and 19
equipment; and focused infant-toddler improvements. Priority for the 20
needs-based grants shall be given to culturally diverse and low-21
income providers; 22
(c) The development of materials and assessments in a timely 23
manner, and to the extent feasible, in the provider and family home 24
languages; and 25
(d) The development of flexibility in technical assistance and 26
coaching structures to provide differentiated types and amounts of 27
support to providers based on individual need and cultural context.28
Sec. 7. RCW 43.216.089 and 2021 c 304 s 8 are each amended to 29
read as follows: 30
(1) ((By December 15, 2020, the department, in consultation with 31
the statewide child care resource and referral network, and the early 32
achievers review subcommittee of the early learning advisory council, 33
shall submit, in compliance with RCW 43.01.036, a final report to the 34
governor and the legislature regarding providers' progress in the 35
early achievers program. The report must include the following 36
elements:37
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(a) The number, and relative percentage, of family child care, 1
outdoor nature-based child care, and center providers who have 2
enrolled in the early achievers program and who have:3
(i) Completed the level 2 activities;4
(ii) Completed rating readiness consultation and are waiting to 5
be rated;6
(iii) Achieved the required rating level to remain eligible for 7
state-funded support under the early childhood education and 8
assistance program or a subsidy under the working connections child 9
care subsidy program;10
(iv) Not achieved the required rating level initially but 11
qualified for and are working through intensive targeted support in 12
preparation for a partial rerate outside the standard rating cycle;13
(v) Not achieved the required rating level initially and engaged 14
in remedial activities before successfully achieving the required 15
rating level;16
(vi) Not achieved the required rating level after completing 17
remedial activities; or18
(vii) Received an extension from the department based on 19
exceptional circumstances pursuant to RCW 43.216.085;20
(b) A review of the services available to providers and children 21
from diverse racial, ethnic, and cultural backgrounds;22
(c) An examination of the effectiveness of efforts to increase 23
successful participation by providers serving children and families 24
from diverse racial, ethnic, and cultural backgrounds and providers 25
who serve children from low-income households;26
(d) A description of the primary obstacles and challenges faced 27
by providers who have not achieved the required rating level to 28
remain eligible to receive:29
(i) A subsidy under the working connections child care program; 30
or31
(ii) State-funded support under the early childhood education and 32
assistance program;33
(e) A summary of the types of exceptional circumstances for which 34
the department has granted an extension pursuant to RCW 43.216.085;35
(f) The average amount of time required for providers to achieve 36
local level milestones within each level of the early achievers 37
program;38
(g) To the extent data is available, an analysis of the 39
distribution of early achievers program-rated facilities in relation 40
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to child and provider demographics, including but not limited to race 1
and ethnicity, home language, and geographical location;2
(h) Recommendations for improving access for children from 3
diverse racial, ethnic, and cultural backgrounds to providers rated 4
at a level 3 or higher in the early achievers program;5
(i) Recommendations for improving the early achievers program 6
standards;7
(j) An analysis of any impact from quality strengthening efforts 8
on the availability and quality of infant and toddler care;9
(k) The number of contracted slots that use both early childhood 10
education and assistance program funding and working connections 11
child care program funding;12
(l) An analysis of the impact of increased regulations on the 13
cost of child care; and14
(m) A description of the early childhood education and assistance 15
program implementation to include the following:16
(i) Progress on early childhood education and assistance program 17
implementation as required pursuant to RCW 43.216.515, 43.216.525, 18
and 43.216.555;19
(ii) An examination of the regional distribution of new preschool 20
programming by school district;21
(iii) An analysis of the impact of preschool expansion on low-22
income neighborhoods and communities;23
(iv) Recommendations to address any identified barriers to access 24
to quality preschool for children living in low-income neighborhoods;25
(v) An analysis of any impact of extended day early care and 26
education opportunities directives;27
(vi) An examination of any identified barriers for providers to 28
offer extended day early care and education opportunities;29
(vii) An analysis of the demand for full-day programming for 30
early childhood education and assistance program providers required 31
under RCW 43.216.515; and32
(viii) To the extent data is available, an analysis of the 33
racial, ethnic, and cultural diversity of early childhood education 34
and assistance program providers and participants.35
(2) The elements required to be reported under subsection (1)(a) 36
of this section must be reported at the county level, and for those 37
counties with a population of five hundred thousand and higher, the 38
data must be reported at the zip code level.39
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(3) If, based on information in an annual report submitted in 1
2018 or later under this section, fifteen percent or more of the 2
licensed or contracted providers who are participating in the early 3
achievers program in a county or in a single zip code have not 4
achieved the rating levels under RCW 43.216.135 and 43.216.515, the 5
department must:6
(a) Analyze the reasons providers in the affected counties or zip 7
codes have not attained the required rating levels; and8
(b) Develop a plan to mitigate the effect on the children and 9
families served by these providers. The plan must be submitted to the 10
legislature as part of the final report described in subsection (1) 11
of this section along with any recommendations for legislative action 12
to address the needs of the providers and the children and families 13
they serve.14
(4)))(a) Beginning December 1, 2020, the department, in 15
collaboration with the statewide child care resource and referral 16
network, shall make available on its public website, in a consumer-17
friendly format, the following elements: 18
(i) The number, and relative percentage, of family child care and 19
center child care providers who have enrolled in the early achievers 20
program and who have((:21
(A) Submitted)) submitted their request for on-site evaluation 22
and are waiting to be rated((; and23
(B) Achieved the required rating level to remain eligible for 24
state-funded support under the early childhood education and 25
assistance program or a subsidy under the working connections child 26
care subsidy program)); 27
(ii) The distribution of early childhood education and assistance 28
program programming by school district; and 29
(iii) Indicators of supply and demand at the local level, as well 30
as identification of regions or areas in which there are insufficient 31
numbers of child care facilities using nationally developed 32
methodology. 33
(b) The elements required to be made available under (a)(i) of 34
this subsection (((4))) (1) must be made available at the county 35
level, and for those counties with a population of ((five hundred 36
thousand)) 500,000 and higher, the data must be reported at the zip 37
code level. 38
(c) To the extent data are available, the elements required to be 39
reported under (a)(ii) and (iii) of this subsection (((4))) (1) must 40
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be updated at a minimum of a quarterly basis on the department's 1
public website. 2
(d) If in any individual state fiscal year, based on information 3
reported in (a)(ii) and (iii) of this subsection (((4))) (1), 4
((fifteen)) 15 percent or more of the licensed or contracted 5
providers who are participating in the early achievers program in a 6
county or in a single zip code have not achieved the rating levels 7
((required)) under RCW 43.216.135 ((and 43.216.515)), the department 8
must: 9
(i) Analyze the reasons providers in the affected counties or zip 10
codes have not attained the ((required)) rating levels; and11
(ii) Develop a plan to mitigate the effect on the children and 12
families served by these providers. The plan must be submitted to the 13
legislature by November 1st of the year following the state fiscal 14
year in question, along with any recommendations for legislative 15
action to address the needs of the providers and the children and 16
families they serve. 17
(((5))) (2) Beginning September 15, 2021, and each odd-numbered 18
year thereafter, the department shall submit a report to the governor 19
and the legislature outlining the availability and quality of 20
services available to early learning providers and children from 21
diverse racial, ethnic, and cultural backgrounds and from low-income 22
neighborhoods and communities. The report must include the following 23
elements: 24
(a) To the extent data is available, an analysis of the racial, 25
ethnic, and linguistic diversity of early childhood education and 26
assistance program providers and participants, and the providers and 27
participants of working connections child care; 28
(b) A review of the services available to providers and children 29
from diverse racial, ethnic, and cultural backgrounds;30
(c) An examination of the effectiveness of efforts to increase 31
and maintain successful participation by providers serving children 32
and families from diverse racial, ethnic, and linguistic backgrounds 33
and providers who serve children from low-income households;34
(d) To the extent data is available, the distribution of early 35
achievers program-rated facilities by child and provider 36
demographics, including but not limited to race and ethnicity, home 37
language, and geographical location; 38
(e) Recommendations for improving and maintaining access for 39
children from diverse racial, ethnic, and cultural backgrounds to 40
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providers rated at a level 3 or higher in the early achievers 1
program; 2
(f) Recommendations to address any identified barriers to access 3
to high quality preschool for children living in low-income 4
neighborhoods; 5
(g) An examination of expulsion rates of children from diverse 6
racial, ethnic, and diverse cultural backgrounds and from low-income 7
neighborhoods and communities; and 8
(h) An analysis of how early learning providers and families from 9
diverse racial, ethnic, and cultural backgrounds and from low-income 10
neighborhoods and communities have influenced or participated in the 11
department's early learning plans and implementation strategies.12
(((6))) (3) Beginning September 15, 2022, and each even-numbered 13
year thereafter, the department shall submit a report to the governor 14
and the legislature on the availability of supports to providers and 15
their effectiveness at improving quality. The report must include the 16
following elements: 17
(a) An analysis of the effectiveness of recruitment efforts for 18
new and returning high quality early learning providers and programs;19
(b) An analysis of the effectiveness of quality improvement tools 20
and incentives on the retention and quality improvement of early 21
learning professionals; 22
(c) An analysis of the supply of high quality subsidized early 23
learning. This analysis must include: 24
(i) An examination of the trend in supply of early learning 25
providers and workers; 26
(ii) A description of the primary obstacles and challenges faced 27
by providers ((who have not achieved the required early achievers 28
rating level to remain eligible to receive a subsidy under the 29
working connections child care program or state-funded support under 30
the early childhood education and assistance program));31
(iii) The number, and relative percentage, of family child care 32
and center providers who have enrolled in the early achievers program 33
and who have: 34
(A) Not achieved the ((required)) desired rating level initially 35
but qualified for and are working through intensive targeted support 36
in preparation for a partial rerate outside the standard rating 37
cycle; 38
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(B) Not achieved the ((required)) desired rating level initially 1
and engaged in remedial activities before successfully achieving the 2
((required)) desired rating level; or3
(C) Not achieved the ((required)) desired rating level after 4
completing remedial activities((; or5
(D) Received an extension from the department based on 6
exceptional circumstances pursuant to RCW 43.216.085)); and7
(iv) Recommendations for improving retention and reducing 8
barriers to entry for early learning providers; 9
(d) The average amount of time required for providers to achieve 10
local level milestones within each level of the early achievers 11
program; 12
(e) ((A summary of the types of exceptional circumstances for 13
which the department has granted an extension to early achievers 14
rating milestones pursuant to RCW 43.216.085;15
(f))) An analysis of the availability and quality of infant and 16
toddler care; and 17
(((g))) (f) An examination of any identified barriers that 18
discourage providers from offering extended day early care and 19
education opportunities. 20
(((7))) (4) The information to be disclosed or shared under this 21
section must not include sensitive personal information of in-home 22
caregivers for vulnerable populations as defined in RCW 42.56.640, 23
and must not include any other information protected from disclosure 24
under state or federal law. 25
Sec. 8. RCW 43.216.090 and 2021 c 199 s 309 are each amended to 26
read as follows: 27
(1) The department shall administer or contract for infant and 28
early childhood mental health consultation services to child care 29
providers and early learning providers participating in the early 30
achievers program. 31
(2) Beginning July 1, 2021, the department of children, youth, 32
and families must have or contract for one infant and early childhood 33
mental health consultation coordinator and must enter into a 34
contractual agreement with an organization providing coaching 35
services to early achievers program participants to hire at least 12 36
qualified infant and early childhood mental health consultants. The 37
department shall determine, in collaboration with the statewide child 38
care resource and referral network, where the additional consultants 39
p. 17 SB 5416
should be sited based on factors such as the total provider numbers 1
overlaid with indicators of highest need. The infant and early 2
childhood mental health consultants must support early achievers 3
program coaches and all certified and licensed child care providers , 4
regardless of early achievers participation or rating level, by 5
providing resources, information, and guidance regarding challenging 6
behavior and expulsions ((and)). Mental health consultants may travel 7
to assist providers in serving families and children with severe 8
behavioral needs. 9
(3) The department shall provide, or contract with an entity to 10
provide, reflective supervision and professional development for 11
infant and early childhood mental health consultants to meet national 12
competency standards. 13
(4) As capacity allows, the department may provide access to 14
infant and early childhood mental health consultation services to 15
caregivers and licensed or certified, military, and tribal early 16
learning providers, license-exempt family, friend, and neighbor care 17
providers, and families with children expelled or at risk of 18
expulsion from child care. 19
Sec. 9. RCW 43.216.110 and 2012 c 149 s 2 are each amended to 20
read as follows: 21
((By December 31, 2012, the )) The department shall adopt core 22
competencies for early care and education professionals and ((child 23
and youth development professionals and develop an implementation 24
plan. The department shall )) incorporate the core competencies into 25
((all appropriate professional development opportunities including, 26
but not limited to, )) the quality rating and improvement system ((, 27
the early childhood education and assistance program, child care 28
licensing, and the early support for infants and toddlers program )). 29
The purpose of the core competencies is to serve as a foundation for 30
what early care and education professionals ((and child and youth 31
development professionals )) who are voluntary participants in the 32
quality rating and improvement system need to know and do to provide 33
quality care for children. The core competencies must be reviewed and 34
updated every five years. The department may not apply the core 35
competencies to licensing standards.36
Sec. 10. RCW 43.216.135 and 2023 c 222 s 5 are each amended to 37
read as follows: 38
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(1) ((Existing child care providers serving nonschool-age 1
children and receiving state subsidy payments must complete the 2
following requirements to be eligible for a state subsidy under this 3
section:4
(a) Enroll in the early achievers program by August 1, 2016;5
(b) Complete level 2 activities in the early achievers program by 6
August 1, 2017; and7
(c) Rate or request to be rated at a level 3 or higher in the 8
early achievers program by December 31, 2019. If a child care 9
provider does not rate at or request to be rated at a level 3 by 10
December 31, 2019, the provider must complete remedial activities 11
with the department, and must rate at or request to be rated at a 12
level 3 or higher no later than December 30, 2020.13
(2) A new child care provider serving nonschool-age children and 14
receiving state subsidy payments must complete the following 15
activities to be eligible to receive a state subsidy under this 16
section:17
(a) Enroll in the early achievers program within 30 days of 18
receiving the initial state subsidy payment;19
(b) Complete level 2 activities in the early achievers program 20
within 12 months of enrollment; and21
(c) Rate or request to be rated at a level 3 or higher in the 22
early achievers program within 30 months of enrollment. If a child 23
care provider does not rate or request to be rated at a level 3 24
within thirty months from enrollment into the early achievers 25
program, the provider must complete remedial activities with the 26
department, and rate or request to be rated at a level 3 or higher 27
within 12 months of beginning remedial activities.28
(3) If a child care provider does not rate or request to be rated 29
at a level 3 or higher following the remedial period, the provider is 30
no longer eligible to receive state subsidy under this section. If a 31
child care provider does not rate at a level 3 or higher when the 32
rating is released following the remedial period, the provider is no 33
longer eligible to receive state subsidy under this section.34
(4) If a child care provider serving nonschool-age children and 35
receiving state subsidy payments has successfully completed all level 36
2 activities and is waiting to be rated by the deadline provided in 37
this section, the provider may continue to receive a state subsidy 38
pending the successful completion of the level 3 rating activity.39
p. 19 SB 5416
(5))) The department shall implement tiered reimbursement for 1
early achievers program participants in the working connections child 2
care program rating at level 3, 4, or 5. 3
(((6))) (2) The department shall account for a child care 4
copayment collected by the provider from the family for each 5
contracted slot. 6
Sec. 11. RCW 43.216.515 and 2021 c 304 s 19 are each amended to 7
read as follows: 8
(1) Approved early childhood education and assistance programs 9
shall receive state-funded support through the department. Public or 10
private organizations including, but not limited to, school 11
districts, educational service districts, community and technical 12
colleges, local governments, or nonprofit organizations, are eligible 13
to participate as providers of the state early childhood education 14
and assistance program. 15
(2) Funds obtained by providers through voluntary grants or 16
contributions from individuals, agencies, corporations, or 17
organizations may be used to expand or enhance preschool programs so 18
long as program standards established by the department are 19
maintained. 20
(3) Persons applying to conduct the early childhood education and 21
assistance program shall identify targeted groups and the number of 22
children to be served, program components, the qualifications of 23
instructional and special staff, the source and amount of grants or 24
contributions from sources other than state funds, facilities and 25
equipment support, and transportation and personal care arrangements.26
(4) ((A new early childhood education and assistance program 27
provider must complete the requirements in this subsection to be 28
eligible to receive state-funded support under the early childhood 29
education and assistance program:30
(a) Enroll in the early achievers program within thirty days of 31
the start date of the early childhood education and assistance 32
program contract;33
(b)(i) Except as provided in (b)(ii) of this subsection, rate at 34
a level 4 or 5 in the early achievers program within twenty-four 35
months of enrollment. If an early childhood education and assistance 36
program provider rates below a level 4 within twenty-four months of 37
enrollment, the provider must complete remedial activities with the 38
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department, and must rate at or request to be rated at a level 4 or 5 1
within twelve months of beginning remedial activities.2
(ii) Licensed or certified child care centers, family home 3
providers, and outdoor nature-based child care providers that 4
administer an early childhood education and assistance program shall 5
rate at a level 4 or 5 in the early achievers program within twenty-6
four months of the start date of the early childhood education and 7
assistance program contract. If an early childhood education and 8
assistance program provider rates below a level 4 within twenty-four 9
months, the provider must complete remedial activities with the 10
department, and must rate at or request to be rated at a level 4 or 5 11
within twelve months of beginning remedial activities.12
(5)(a) If an early childhood education and assistance program 13
provider has successfully completed all of the required early 14
achievers program activities and is waiting to be rated by the 15
deadline provided in this section, the provider may continue to 16
participate in the early achievers program as an approved early 17
childhood education and assistance program provider and receive state 18
subsidy pending the successful completion of a level 4 or 5 rating.19
(b) To avoid disruption, the department may allow for early 20
childhood education and assistance program providers who have rated 21
below a level 4 after completion of the twelve-month remedial period 22
to continue to provide services until the current school year is 23
finished.24
(c)(i) If the early childhood education and assistance program 25
provider described under subsection (4)(b)(i) or (ii) of this section 26
does not rate or request to be rated at a level 4 or 5 following the 27
remedial period, the provider is not eligible to receive state-funded 28
support under the early childhood education and assistance program 29
under this section.30
(ii) If the early childhood education and assistance program 31
provider described under subsection (4)(b)(i) or (ii) of this section 32
does not rate at a level 4 or 5 when the rating is released following 33
the remedial period, the provider is not eligible to receive state-34
funded support under the early childhood education and assistance 35
program under this section.36
(6)))(a) An early childhood education and assistance program 37
provider may choose to participate and be rated in the early 38
achievers program.39
p. 21 SB 5416
(b) When an early childhood education and assistance program in 1
good standing changes classroom locations to a comparable or improved 2
space within the same facility, or to a comparable or improved 3
outdoor location for an outdoor nature-based child care, a rerating 4
is not required outside of the regular rerating and renewal cycle.5
(((b))) (c) When an early childhood education and assistance 6
program in good standing moves to a new facility, or to a new outdoor 7
location for an outdoor nature-based child care, the provider must 8
notify the department of the move within six months of changing 9
locations in order to retain their existing rating. The early 10
achievers program must conduct an observational visit to ensure the 11
new classroom space is of comparable or improved environmental 12
quality. If a provider fails to notify the department within six 13
months of a move, the early achievers rating must be changed from the 14
posted rated level to "Participating, Not Yet Rated ((" and the 15
provider will cease to receive tiered reimbursement incentives until 16
a new rating is completed))."17
(((7))) (5) The department shall collect data periodically to 18
determine the demand for full-day programming for early childhood 19
education and assistance program providers. The department shall 20
analyze this demand by geographic region and shall include the 21
findings in the annual report required under RCW 43.216.089.22
(((8))) (6) The department shall develop multiple pathways for 23
licensed or certified child care centers and homes to administer an 24
early childhood education and assistance program. The pathways shall 25
include an accommodation for these providers to rate at a level 4 or 26
5 in the early achievers program ((according to the timelines and 27
standards established in subsection (4)(b)(ii) of this section)). The 28
department must consider using the intermediate level that is between 29
level 3 and level 4 as described in RCW 43.216.085, incentives, and 30
front-end funding in order to encourage providers to participate in 31
the pathway. 32
Sec. 12. RCW 43.216.555 and 2019 c 408 s 9 are each amended to 33
read as follows: 34
(1) An early learning program to provide voluntary preschool 35
opportunities for children ages three to five years old who are not 36
age-eligible for kindergarten shall be implemented according to the 37
funding and implementation plan in RCW 43.216.556. The program must 38
offer a comprehensive program of early childhood education and family 39
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support, including parental involvement and health information, 1
screening, and referral services, based on family need. Participation 2
in the program is voluntary. On a space available basis, the program 3
may allow enrollment of children who are not otherwise eligible by 4
assessing a fee. 5
(2) The program shall be implemented by utilizing the program 6
standards and eligibility criteria in the early childhood education 7
and assistance program in RCW 43.216.500 through 43.216.550.8
(3)(a) The program implementation in this section shall 9
prioritize early childhood education and assistance programs located 10
in low-income neighborhoods within high-need geographical areas.11
(b) Following the priority in (a) of this subsection, preference 12
shall be given to programs meeting at least one of the following 13
characteristics: 14
(i) Programs offering an extended day program for early care and 15
education; 16
(ii) Programs offering services to children diagnosed with a 17
special need; or 18
(iii) Programs offering services to children involved in the 19
child welfare system. 20
(4) The secretary shall adopt rules for the following program 21
components, as appropriate and necessary during the phased 22
implementation of the program ((, consistent with early achievers 23
program standards established in RCW 43.216.085)):24
(a) Minimum program standards; 25
(b) Approval of program providers; and 26
(c) Accountability and adherence to performance standards.27
(5) The department has administrative responsibility for:28
(a) Approving and contracting with providers according to rules 29
developed by the secretary under this section; 30
(b) In partnership with school districts, monitoring program 31
quality and assuring the program is responsive to the needs of 32
eligible children; 33
(c) Assuring that program providers work cooperatively with 34
school districts to coordinate the transition from preschool to 35
kindergarten so that children and their families are well-prepared 36
and supported; and 37
(d) Providing technical assistance to contracted providers.38
p. 23 SB 5416
Sec. 13. RCW 43.216.578 and 2024 c 225 s 5 are each amended to 1
read as follows: 2
(1) Within resources available under the federal preschool 3
development grant birth to five grant award received in December 4
2018, the department shall develop a plan for phased implementation 5
of a birth to three early childhood education and assistance program 6
pilot project for eligible children under ((thirty-six)) 36 months 7
old. Funds to implement the pilot project may include a combination 8
of federal, state, or private sources. 9
(2) The department may adopt rules to implement the pilot project 10
and may waive or adapt early childhood education and assistance 11
program requirements when necessary to allow for the operation of the 12
birth to three early childhood education and assistance program. The 13
department shall consider early head start rules and regulations when 14
developing the provider and family eligibility requirements and 15
program requirements. Any deviations from early head start standards, 16
rules, or regulations must be identified and explained by the 17
department in its annual report under subsection (6) of this section.18
(3)(((a))) Upon securing adequate funds to begin implementation, 19
the pilot project programs must be delivered through child care 20
centers and family home providers who meet minimum licensing 21
standards ((and are enrolled in the early achievers program.22
(b) The department must determine minimum early achievers ratings 23
scores for programs participating in the pilot project)).24
(4) When selecting pilot project locations for service delivery, 25
the department may allow each pilot project location to have up to 26
three classrooms per location. When selecting and approving pilot 27
project locations, the department shall attempt to select a 28
combination of rural, urban, and suburban locations. The department 29
shall prioritize locations with programs currently operating early 30
head start, head start, or the early childhood education and 31
assistance program. 32
(5) Until November 1, 2024, to be eligible for the birth to three 33
early childhood education and assistance program, a child's family 34
income must be at or below ((one hundred thirty )) 130 percent of the 35
federal poverty level and the child must be under ((thirty-six)) 36 36
months old. Beginning November 1, 2024, to be eligible for the birth 37
to three early childhood education and assistance program, a child 38
must be under 36 months old and either: 39
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(a) From a family with a household income at or below 130 percent 1
of the federal poverty level; or 2
(b) A member of an assistance unit that is eligible for or is 3
receiving basic food benefits under the federal supplemental 4
nutrition assistance program or the state food assistance program.5
(6) Beginning November 1, 2020, and each November 1st thereafter 6
during pilot project activity, the department shall submit an annual 7
report to the governor and legislature that includes a status update 8
that describes the planning work completed, the status of funds 9
secured, and any implementation activities of the pilot project. 10
Implementation activity reports must include a description of the 11
participating programs and number of children and families served.12
Sec. 14. RCW 43.216.578 and 2024 c 225 s 6 are each amended to 13
read as follows: 14
(1) Subject to the availability of amounts appropriated for this 15
specific purpose, the department shall administer a birth to three 16
early childhood education and assistance program for eligible 17
children under ((thirty-six)) 36 months old. Funds to implement the 18
program may include a combination of federal, state, or private 19
sources. 20
(2) The department may adopt rules to implement the program and 21
may waive or adapt early childhood education and assistance program 22
requirements when necessary to allow for the operation of the birth 23
to three early childhood education and assistance program. The 24
department shall consider early head start rules and regulations when 25
developing the provider and family eligibility requirements and 26
program requirements. 27
(3)(((a))) The birth to three early childhood education and 28
assistance program must be delivered through child care centers and 29
family home providers who meet minimum licensing standards ((and are 30
enrolled in the early achievers program.31
(b) The department must determine minimum early achievers ratings 32
scores for participating contractors)). 33
(4) To be eligible for the birth to three early childhood 34
education and assistance program, a child must be under 36 months old 35
and either: 36
(a) From a family with a household income at or below 50 percent 37
of the state median income; or 38
p. 25 SB 5416
(b) A member of an assistance unit that is eligible for or is 1
receiving basic food benefits under the federal supplemental 2
nutrition assistance program or the state food assistance program.3
Sec. 15. RCW 43.216.742 and 2021 c 304 s 28 are each amended to 4
read as follows: 5
(1) The department shall establish a licensed outdoor nature-6
based child care program. 7
(2) The department shall adopt rules to implement the outdoor 8
nature-based child care program and may waive or adapt licensing 9
requirements when necessary to allow for the operation of outdoor 10
classrooms. 11
(3) ((The department shall apply )) Outdoor nature-based child 12
care programs may choose to participate in the early achievers 13
program ((to the outdoor nature-based child care program )) to assess 14
quality in the outdoor learning environment((s and may waive or adapt 15
early achievers requirements when necessary to allow for the 16
operation of outdoor classrooms)). 17
(4) A child care or early learning program operated by a 18
federally recognized tribe may participate in the outdoor nature-19
based child care program through an interlocal agreement between the 20
tribe and the department. The interlocal agreement must reflect the 21
government-to-government relationship between the state and the 22
tribe, including recognition of tribal sovereignty.23
(5) Subject to the availability of funds, the department may 24
convene an advisory group of outdoor, nature-based early learning 25
practitioners to inform and support implementation of the outdoor 26
nature-based child care program. 27
Sec. 16. RCW 43.31.575 and 2024 c 230 s 3 are each amended to 28
read as follows: 29
(1) Organizations eligible to receive funding from the early 30
learning facilities grant and loan program include:31
(a) Early childhood education and assistance program providers;32
(b) Working connections child care providers who are eligible to 33
receive state subsidies; 34
(c) Licensed early learning centers not currently participating 35
in the early childhood education and assistance program, but 36
intending to do so; 37
(d) Developers of housing and community facilities;38
p. 26 SB 5416
(e) Community and technical colleges; 1
(f) Educational service districts; 2
(g) Local governments; 3
(h) Federally recognized tribes in the state; and4
(i) Religiously affiliated entities. 5
(2) To be eligible to receive funding from the early learning 6
facilities grant and loan program for activities described in RCW 7
43.31.577 (1) (b), (c), and (d) and (2), eligible organizations and 8
school districts must((:9
(a) Commit to being an active participant in good standing with 10
the early achievers program as defined by chapter 43.216 RCW; and11
(b) Demonstrate)) demonstrate that projects receiving 12
construction, purchase, or renovation grants or loans must also:13
(((i))) (a) Demonstrate that the project site is under the 14
applicant's control for a minimum of ((ten)) 10 years, either through 15
ownership or a long-term lease; and 16
(((ii))) (b) Commit to using the facility funded by the grant or 17
loan for the purposes of providing preschool or child care for a 18
minimum of ((ten)) 10 years. 19
(3) ((To be eligible to receive funding from the early learning 20
facilities grant and loan program for activities described in RCW 21
43.31.577 (1) (b), (c), and (d) and (2), religiously affiliated 22
entities must use the facility to provide child care and education 23
services consistent with subsection (4)(a) of this section.24
(4)(a) Upon receiving a grant or loan, the recipient must 25
continue to be an active participant and in good standing with the 26
early achievers program.27
(b) If the recipient does not meet the conditions specified in 28
(a) of this subsection, the grants shall be repaid to the early 29
learning facilities revolving account or the early learning 30
facilities development account, as directed by the department. So )) 31
(a) As long as an eligible organization continues to provide an early 32
learning program in the facility ((,)) and the facility is used as 33
authorized((, and the eligible organization continues to be an active 34
participant and in good standing with the early achievers program )), 35
the grant repayment is waived. 36
(((c))) (b) The department, in consultation with the department 37
of children, youth, and families, may adopt rules to implement this 38
section. 39
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Sec. 17. RCW 26.44.272 and 2014 c 160 s 1 are each amended to 1
read as follows: 2
(1) The family assessment response worker must assess for child 3
safety and child well-being when collaborating with a family to 4
determine the need for child care, preschool, or home visiting 5
services ((and, as appropriate, the family assessment response worker 6
must refer children to preschool programs that are enrolled in the 7
early achievers program and rate at a level 3, 4, or 5 unless:8
(a) The family lives in an area with no local preschool programs 9
that rate at a level 3, 4, or 5 in the early achievers program;10
(b) The local preschool programs that rate at a level 3, 4, or 5 11
in the early achievers program are not able to meet the needs of the 12
child; or13
(c) The child is attending a preschool program prior to 14
participating in family assessment response and the parent or 15
caregiver does not want the child to change preschool programs.16
(2) The family assessment response worker may make child care 17
referrals for nonschool-aged children to licensed child care programs 18
that rate at a level 3, 4, or 5 in the early achievers program 19
described in RCW 43.215.100 unless:20
(a) The family lives in an area with no local programs that rate 21
at level 3, 4, or 5 in the early achievers program;22
(b) The local child care programs that rate at a level 3, 4, or 5 23
in the early achievers program are not able to meet the needs of the 24
child; or25
(c) The child is attending a child care program prior to 26
participating in family assessment response and the parent or 27
caregiver does not want the child to change child care programs.28
(3))).29
(2) The family assessment response worker shall, when 30
appropriate, provide referrals to ((high quality )) certified and 31
licensed child care and early learning programs. 32
(((4) The family assessment response worker shall, when 33
appropriate, provide referrals to state and federally subsidized 34
programs such as, but not limited to, licensed child care programs 35
that receive state subsidy pursuant to RCW 43.215.135; early 36
childhood education and assistance programs; head start programs; and 37
early head start programs.38
(5))) (3) Prior to closing the family assessment response case, 39
the family assessment response worker must, when appropriate, discuss 40
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child care and early learning services with the child's parent or 1
caregiver. 2
(4) If the family plans to use child care or early learning 3
services, the family assessment response worker must work with the 4
family to facilitate enrollment. 5
Sec. 18. RCW 36.70A.450 and 2018 c 58 s 22 are each amended to 6
read as follows: 7
(1) Except as provided in subsections (2) and (3) of this 8
section, no county or city may enact, enforce, or maintain an 9
ordinance, development regulation, zoning regulation, or official 10
control, policy, or administrative practice that prohibits the use of 11
a residential dwelling, located in an area zoned for residential or 12
commercial use or schools , as a family day ((-))care provider's home 13
facility. 14
(2) A county or city may require that the facility: (a) Comply 15
with all building, fire, safety, health code, and business licensing 16
requirements; (b) conform to lot size, building size, setbacks, and 17
lot coverage standards applicable to the zoning district except if 18
the structure is a legal nonconforming structure; (c) is certified by 19
the department of children, youth, and families licensor as providing 20
a safe passenger loading area; (d) include signage, if any, that 21
conforms to applicable regulations; and (e) limit hours of operations 22
to facilitate neighborhood compatibility, while also providing 23
appropriate opportunity for persons who use family day ((-))care and 24
who work a nonstandard work shift. 25
(3) A county or city may also require that the family 26
day((-))care provider, before state licensing, require proof of 27
written notification by the provider that the immediately adjoining 28
property owners have been informed of the intent to locate and 29
maintain such a facility. If a dispute arises between neighbors and 30
the family day ((-))care provider over licensing requirements, the 31
licensor may provide a forum to resolve the dispute.32
(4) Nothing in this section shall be construed to prohibit a 33
county or city from imposing zoning conditions on the establishment 34
and maintenance of a family day ((-))care provider's home in an area 35
zoned for residential or commercial use or schools , so long as such 36
conditions are no more restrictive than conditions imposed on other 37
residential dwellings in the same zone and the establishment of such 38
p. 29 SB 5416
facilities is not precluded. As used in this section, "family 1
day((-))care provider" is as defined in RCW 43.216.010.2
NEW SECTION. Sec. 19. RCW 43.216.395 (Child care inspection 3
reports— Internal review process — Definitions— Final review) and 2021 4
c 304 s 18 & 2017 3rd sp.s. c 6 s 114 are each repealed.5
Sec. 20. RCW 43.216.010 and 2021 c 304 s 2 and 2021 c 199 s 501 6
are each reenacted and amended to read as follows: 7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) "Agency" means any person, firm, partnership, association, 10
corporation, or facility that provides child care and early learning 11
services outside a child's own home and includes the following 12
irrespective of whether there is compensation to the agency:13
(a) "Child day care center" and "child care center" mean an 14
agency that regularly provides early childhood education and early 15
learning services for a group of children for periods of less than 24 16
hours; 17
(b) "Early learning" includes but is not limited to programs and 18
services for child care; state, federal, private, and nonprofit 19
preschool; child care subsidies; child care resource and referral; 20
parental education and support; and training and professional 21
development for early learning professionals; 22
(c) "Family day care provider" and "family home provider" mean a 23
child care provider who regularly provides early childhood education 24
and early learning services for not more than 12 children at any 25
given time in the provider's home in the family living quarters 26
except as provided in RCW 43.216.692; 27
(d) "Nongovernmental private-public partnership" means an entity 28
registered as a nonprofit corporation in Washington state with a 29
primary focus on early learning, school readiness, and parental 30
support, and an ability to raise a minimum of $5,000,000 in 31
contributions; 32
(e) "Outdoor nature-based child care" means an agency or an 33
agency-offered program that: 34
(i) Enrolls preschool or school-age children; 35
(ii) Provides early learning services to the enrolled children in 36
an outdoor natural space approved by the department for not less than 37
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four hours per day or fifty percent of the daily program hours, 1
whichever is less; and 2
(iii) Teaches a nature-based curriculum to enrolled children;3
(f) "Service provider" means the entity that operates a community 4
facility. 5
(2) "Agency" does not include the following: 6
(a) Persons related to the child in the following ways:7
(i) Any blood relative, including those of half-blood, and 8
including first cousins, nephews or nieces, and persons of preceding 9
generations as denoted by prefixes of grand, great, or great-great;10
(ii) Stepfather, stepmother, stepbrother, and stepsister;11
(iii) A person who legally adopts a child or the child's parent 12
as well as the natural and other legally adopted children of such 13
persons, and other relatives of the adoptive parents in accordance 14
with state law; or 15
(iv) Spouses of any persons named in (a)(i), (ii), or (iii) of 16
this subsection, even after the marriage is terminated;17
(b) Persons who are legal guardians of the child;18
(c) Persons who care for a neighbor's or friend's child or 19
children, with or without compensation, where the person providing 20
care for periods of less than 24 hours does not conduct such activity 21
on an ongoing, regularly scheduled basis for the purpose of engaging 22
in business, which includes, but is not limited to, advertising such 23
care; 24
(d) Parents on a mutually cooperative basis exchange care of one 25
another's children; 26
(e) Nursery schools that are engaged primarily in early childhood 27
education with preschool children and in which no child is enrolled 28
on a regular basis for more than four hours per day;29
(f) Schools, including boarding schools, that are engaged 30
primarily in education, operate on a definite school year schedule, 31
follow a stated academic curriculum, and accept only school age 32
children; 33
(g) Seasonal camps. For purposes of this chapter, "seasonal camp" 34
means a program that: 35
(i) Operates for three months or less within a period of twelve 36
consecutive months; 37
(ii) Is engaged primarily in recreational or educational 38
activities conducted on a closely supervised basis; and39
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(iii) Is owned by any person, organization, association, or 1
corporation, or is operated by a federal, state, county, or municipal 2
government; 3
(h) Facilities providing child care for periods of less than 24 4
hours when a parent or legal guardian of the child remains on the 5
premises of the facility for the purpose of participating in:6
(i) Activities other than employment; or 7
(ii) Employment of up to two hours per day when the facility is 8
operated by a nonprofit entity that also operates a licensed child 9
care program at the same facility in another location or at another 10
facility; 11
(i) Any entity that provides recreational or educational 12
programming for school age children only and the entity meets all of 13
the following requirements: 14
(i) The entity utilizes a drop-in model for programming, where 15
children are able to attend during any or all program hours without a 16
formal reservation; 17
(ii) The entity does not assume responsibility in lieu of the 18
parent, unless for coordinated transportation; 19
(iii) The entity is a local affiliate of a national nonprofit; 20
and 21
(iv) The entity is in compliance with all safety and quality 22
standards set by the associated national agency; 23
(j) A program operated by any unit of local, state, or federal 24
government; 25
(k) A program located within the boundaries of a federally 26
recognized Indian reservation, licensed by the Indian tribe;27
(l) A program located on a federal military reservation, except 28
where the military authorities request that such agency be subject to 29
the licensing requirements of this chapter; 30
(m) A program that offers early learning and support services, 31
such as parent education, and does not provide child care services on 32
a regular basis. 33
(3) "Applicant" means a person who requests or seeks employment 34
in an agency. 35
(4) "Certificate of parental improvement" means a certificate 36
issued under RCW 74.13.720 to an individual who has a founded finding 37
of physical abuse or negligent treatment or maltreatment, or a court 38
finding that the individual's child was dependent as a result of a 39
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finding that the individual abused or neglected their child pursuant 1
to RCW 13.34.030(6)(b). 2
(5) "Conviction information" means criminal history record 3
information relating to an incident which has led to a conviction or 4
other disposition adverse to the applicant. 5
(6) "Department" means the department of children, youth, and 6
families. 7
(7) "Early achievers" means a program that improves the quality 8
of early learning programs and supports and rewards providers for 9
their participation. 10
(8) "Early childhood education and assistance program contractor" 11
means an organization that provides early childhood education and 12
assistance program services under a signed contract with the 13
department. 14
(9) "Early childhood education and assistance program provider" 15
means an organization that provides site level, direct, and high 16
quality early childhood education and assistance program services 17
under the direction of an early childhood education and assistance 18
program contractor. 19
(10) "Education data center" means the education data center 20
established in RCW 43.41.400, commonly referred to as the education 21
research and data center. 22
(11) "Employer" means a person or business that engages the 23
services of one or more people, especially for wages or salary to 24
work in an agency. 25
(12) "Enforcement action" means denial, suspension, revocation, 26
modification, or nonrenewal of a license pursuant to RCW 27
43.216.325(1) or assessment of civil monetary penalties pursuant to 28
RCW 43.216.325(3). 29
(13) "Extended day program" means an early childhood education 30
and assistance program that offers early learning education for at 31
least 10 hours per day, a minimum of 2,000 hours per year, at least 32
four days per week, and operates year-round. 33
(14) "Family resource and referral linkage system" means a system 34
that connects families to resources, services, and programs for which 35
families are eligible and uses a database that is developed and 36
maintained in partnership with communities, health care providers, 37
and early learning providers. 38
(15) "Family resource center" means a unified single point of 39
entry where families, individuals, children, and youth in communities 40
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can obtain information, an assessment of needs, referral to, or 1
direct delivery of family services in a manner that is welcoming and 2
strength-based. 3
(a) A family resource center is designed to meet the needs, 4
cultures, and interests of the communities that the family resource 5
center serves. 6
(b) Family services may be delivered directly to a family at the 7
family resource center by family resource center staff or by 8
providers who contract with or have provider agreements with the 9
family resource center. Any family resource center that provides 10
family services shall comply with applicable state and federal laws 11
and regulations regarding the delivery of such family services, 12
unless required waivers or exemptions have been granted by the 13
appropriate governing body. 14
(c) Each family resource center shall have one or more family 15
advocates who screen and assess a family's needs and strengths. If 16
requested by the family, the family advocate shall assist the family 17
with setting its own goals and, together with the family, develop a 18
written plan to pursue the family's goals in working towards a 19
greater level of self-reliance or in attaining self-sufficiency.20
(16) "Full day program" means an early childhood education and 21
assistance program that offers early learning education for a minimum 22
of 1,000 hours per year. 23
(17) "Inspection report" means a written or digital record or 24
report created by the department that identifies or describes 25
licensing violations or conditions within an agency. ((An inspection 26
report does not include a child care facility licensing compliance 27
agreement as defined in RCW 43.216.395.))28
(18) "Low-income child care provider" means a person who 29
administers a child care program that consists of at least 80 percent 30
of children receiving working connections child care subsidy.31
(19) "Low-income neighborhood" means a district or community 32
where more than 20 percent of households are below the federal 33
poverty level. 34
(20) "Negative action" means a court order, court judgment, or an 35
adverse action taken by an agency, in any state, federal, tribal, or 36
foreign jurisdiction, which results in a finding against the 37
applicant reasonably related to the individual's character, 38
suitability, and competence to care for or have unsupervised access 39
to children in child care. This may include, but is not limited to:40
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(a) A decision issued by an administrative law judge;1
(b) A final determination, decision, or finding made by an agency 2
following an investigation; 3
(c) An adverse agency action, including termination, revocation, 4
or denial of a license or certification, or if pending adverse agency 5
action, the voluntary surrender of a license, certification, or 6
contract in lieu of the adverse action; 7
(d) A revocation, denial, or restriction placed on any 8
professional license; or 9
(e) A final decision of a disciplinary board. 10
(21) "Nonconviction information" means arrest, founded 11
allegations of child abuse, or neglect pursuant to chapter 26.44 RCW, 12
or other negative action adverse to the applicant.13
(22) "Nonschool age child" means a child who is age six years or 14
younger and who is not enrolled in a public or private school.15
(23) "Part day program" means an early childhood education and 16
assistance program that offers early learning education for at least 17
two and one-half hours per class session, at least 320 hours per 18
year, for a minimum of 30 weeks per year. 19
(24) "Private school" means a private school approved by the 20
state under chapter 28A.195 RCW. 21
(25) "Probationary license" means a license issued as a 22
disciplinary measure to an agency that has previously been issued a 23
full license but is out of compliance with licensing standards.24
(26) "Requirement" means any rule, regulation, or standard of 25
care to be maintained by an agency. 26
(27) "School age child" means a child who is five years of age 27
through 12 years of age and is attending a public or private school 28
or is receiving home-based instruction under chapter 28A.200 RCW.29
(28) "Secretary" means the secretary of the department.30
(29) "Washington state preschool program" means an education 31
program for children three-to-five years of age who have not yet 32
entered kindergarten, such as the early childhood education and 33
assistance program. 34
Sec. 21. RCW 43.216.015 and 2021 c 304 s 4 are each amended to 35
read as follows: 36
(1)(a) The department of children, youth, and families is created 37
as an executive branch agency. The department is vested with all 38
powers and duties transferred to it under chapter 6, Laws of 2017 3rd 39
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sp. sess. and such other powers and duties as may be authorized by 1
law. The vision for the department is that Washington state's 2
children and youth grow up safe and healthy — thriving physically, 3
emotionally, and academically, nurtured by family and community.4
(b) The department, in partnership with state and local agencies, 5
tribes, and communities, shall protect children and youth from harm 6
and promote healthy development with effective, high quality 7
prevention, intervention, and early education services delivered in 8
an equitable manner. An important role for the department shall be to 9
provide preventative services to help secure and preserve families in 10
crisis. The department shall partner with the federally recognized 11
Indian tribes to develop effective services for youth and families 12
while respecting the sovereignty of those tribes and the government-13
to-government relationship. Nothing in chapter 6, Laws of 2017 3rd 14
sp. sess. alters the duties, requirements, and policies of the 15
federal Indian child welfare act, 25 U.S.C. Secs. 1901 through 1963, 16
as amended, or the Indian child welfare act, chapter 13.38 RCW.17
(2) Beginning July 1, 2018, the department must develop 18
definitions for, work plans to address, and metrics to measure the 19
outcomes for children, youth, and families served by the department 20
and must work with state agencies to ensure services for children, 21
youth, and families are science-based, outcome-driven, data-informed, 22
and collaborative. 23
(3)(a) Beginning July 1, 2018, the department must establish 24
short and long-term population level outcome measure goals, including 25
metrics regarding reducing disparities by family income, race, and 26
ethnicity in each outcome. 27
(b) In addition to transparent, frequent reporting of the outcome 28
measures in (c)(i) through (viii) of this subsection, the department 29
must report to the legislature an examination of engagement, resource 30
utilization, and outcomes for clients receiving department services 31
and youth participating in juvenile court alternative programs funded 32
by the department, no less than annually and beginning September 1, 33
2020. The data in this report must be disaggregated by race, 34
ethnicity, and geography. This report must identify areas of focus to 35
advance equity that will inform department strategies so that all 36
children, youth, and families are thriving. Metrics detailing 37
progress towards eliminating disparities and disproportionality over 38
time must also be included. The report must also include information 39
p. 36 SB 5416
on department outcome measures, actions taken, progress toward these 1
goals, and plans for the future year. 2
(c) The outcome measures must include, but are not limited to:3
(i) Improving child development and school readiness through 4
voluntary, high quality early learning opportunities as measured by: 5
(A) Increasing the number and proportion of children kindergarten-6
ready as measured by the Washington kindergarten inventory of 7
developing skills (WAKids) assessment including mathematics; (B) 8
increasing the proportion of children in early learning programs that 9
have achieved the level 3 or higher early achievers quality standard; 10
and (C) increasing the available supply of licensed child care in 11
child care centers, outdoor nature-based child care, and family 12
homes, including providers not receiving state subsidy;13
(ii) Preventing child abuse and neglect; 14
(iii) Improving child and youth safety, permanency, and well-15
being as measured by: (A) Reducing the number of children entering 16
out-of-home care; (B) reducing a child's length of stay in out-of-17
home care; (C) reducing maltreatment of youth while in out-of-home 18
care; (D) licensing more foster homes than there are children in 19
foster care; (E) reducing the number of children that reenter out-of-20
home care within twelve months; (F) increasing the stability of 21
placements for children in out-of-home care; and (G) developing 22
strategies to demonstrate to foster families that their service and 23
involvement is highly valued by the department, as demonstrated by 24
the development of strategies to consult with foster families 25
regarding future placement of a foster child currently placed with a 26
foster family; 27
(iv) Improving reconciliation of children and youth with their 28
families as measured by: (A) Increasing family reunification; and (B) 29
increasing the number of youth who are reunified with their family of 30
origin; 31
(v) In collaboration with county juvenile justice programs, 32
improving adolescent outcomes including reducing multisystem 33
involvement and homelessness; and increasing school graduation rates 34
and successful transitions to adulthood for youth involved in the 35
child welfare and juvenile justice systems; 36
(vi) Reducing future demand for mental health and substance use 37
disorder treatment for youth involved in the child welfare and 38
juvenile justice systems; 39
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(vii) In collaboration with county juvenile justice programs, 1
reducing criminal justice involvement and recidivism as measured by: 2
(A) An increase in the number of youth who successfully complete the 3
terms of diversion or alternative sentencing options; (B) a decrease 4
in the number of youth who commit subsequent crimes; and (C) 5
eliminating the discharge of youth from institutional settings into 6
homelessness; and 7
(viii) Eliminating racial and ethnic disproportionality and 8
disparities in system involvement and across child and youth outcomes 9
in collaboration with other state agencies. 10
(4) Beginning July 1, 2018, the department must:11
(a) Lead ongoing collaborative work to minimize or eliminate 12
systemic barriers to effective, integrated services in collaboration 13
with state agencies serving children, youth, and families;14
(b) Identify necessary improvements and updates to statutes 15
relevant to their responsibilities and proposing legislative changes 16
to the governor no less than biennially; 17
(c) Help create a data-focused environment in which there are 18
aligned outcomes and shared accountability for achieving those 19
outcomes, with shared, real-time data that is accessible to 20
authorized persons interacting with the family, child, or youth to 21
identify what is needed and which services would be effective;22
(d) Lead the provision of state services to adolescents, focusing 23
on key transition points for youth, including exiting foster care and 24
institutions, and coordinating with the office of homeless youth 25
prevention and protection programs to address the unique needs of 26
homeless youth; and 27
(e) Create and annually update a list of the rights and 28
responsibilities of foster parents in partnership with foster parent 29
representatives. The list of foster parent rights and 30
responsibilities must be posted on the department's website, provided 31
to individuals participating in a foster parent orientation before 32
licensure, provided to foster parents in writing at the time of 33
licensure, and provided to foster parents applying for license 34
renewal. 35
(5) The department is accountable to the public. To ensure 36
transparency, beginning December 30, 2018, agency performance data 37
for the services provided by the department, including outcome data 38
for contracted services, must be available to the public, consistent 39
with confidentiality laws, federal protections, and individual rights 40
p. 38 SB 5416
to privacy. Publicly available data must include budget and funding 1
decisions, performance-based contracting data, including data for 2
contracted services, and performance data on metrics identified in 3
this section. The board must work with the secretary and director to 4
develop the most effective and cost-efficient ways to make department 5
data available to the public, including making this data readily 6
available on the department's website. 7
(6) The department shall ensure that all new and renewed 8
contracts for services are performance-based. 9
(7) The department must execute all new and renewed contracts for 10
services in accordance with this section and consistent with RCW 11
74.13B.020. When contracted services are managed through a network 12
administrator or other third party, the department must execute data-13
sharing agreements with the entities managing the contracts to track 14
provider performance measures. Contracts with network administrators 15
or other third parties must provide the contract administrator the 16
ability to shift resources from one provider to another, to evaluate 17
individual provider performance, to add or delete services in 18
consultation with the department, and to reinvest savings from 19
increased efficiencies into new or improved services in their 20
catchment area. Whenever possible, contractor performance data must 21
be made available to the public, consistent with confidentiality laws 22
and individual rights to privacy. 23
(8)(a) The board shall begin its work and call the first meeting 24
of the board on or after July 1, 2018. The board shall immediately 25
assume the duties of the legislative children's oversight committee, 26
as provided for in RCW 74.13.570 and assume the full functions of the 27
board as provided for in this section by July 1, 2019. The office of 28
innovation, alignment, and accountability shall provide quarterly 29
updates regarding the implementation of the department to the board 30
between July 1, 2018, and July 1, 2019. 31
(b) The office of the family and children's ombuds shall 32
establish the board. The board is authorized for the purpose of 33
monitoring and ensuring that the department achieves the stated 34
outcomes of chapter 6, Laws of 2017 3rd sp. sess., and complies with 35
administrative acts, relevant statutes, rules, and policies 36
pertaining to early learning, juvenile rehabilitation, juvenile 37
justice, and children and family services. 38
(9)(a) The board shall consist of the following members:39
p. 39 SB 5416
(i) Two senators and two representatives from the legislature 1
with one member from each major caucus; 2
(ii) One nonvoting representative from the governor's office;3
(iii) One subject matter expert in early learning;4
(iv) One subject matter expert in child welfare;5
(v) One subject matter expert in juvenile rehabilitation and 6
justice; 7
(vi) One subject matter expert in eliminating disparities in 8
child outcomes by family income and race and ethnicity;9
(vii) One tribal representative from west of the crest of the 10
Cascade mountains; 11
(viii) One tribal representative from east of the crest of the 12
Cascade mountains; 13
(ix) One current or former foster parent representative;14
(x) One representative of an organization that advocates for the 15
best interest of the child; 16
(xi) One parent stakeholder group representative;17
(xii) One law enforcement representative; 18
(xiii) One child welfare caseworker representative;19
(xiv) One early childhood learning program implementation 20
practitioner; 21
(xv) One current or former foster youth under age twenty-five;22
(xvi) One individual under age twenty-five with current or 23
previous experience with the juvenile justice system;24
(xvii) One physician with experience working with children or 25
youth; and 26
(xviii) One judicial representative presiding over child welfare 27
court proceedings or other children's matters. 28
(b) The senate members of the board shall be appointed by the 29
leaders of the two major caucuses of the senate. The house of 30
representatives members of the board shall be appointed by the 31
leaders of the two major caucuses of the house of representatives. 32
Members shall be appointed before the close of each regular session 33
of the legislature during an odd-numbered year. 34
(c) The remaining board members shall be nominated by the 35
governor, subject to the approval of the appointed legislators by 36
majority vote, and serve four-year terms. When nominating and 37
approving members after July 28, 2019, the governor and appointed 38
legislators must ensure that at least five of the board members 39
reside east of the crest of the Cascade mountains.40
p. 40 SB 5416
(10) The board has the following powers, which may be exercised 1
by majority vote of the board: 2
(a) To receive reports of the office of the family and children's 3
ombuds; 4
(b) To obtain access to all relevant records in the possession of 5
the office of the family and children's ombuds, except as prohibited 6
by law; 7
(c) To select its officers and adoption of rules for orderly 8
procedure; 9
(d) To request investigations by the office of the family and 10
children's ombuds of administrative acts; 11
(e) To request and receive information, outcome data, documents, 12
materials, and records from the department relating to children and 13
family welfare, juvenile rehabilitation, juvenile justice, and early 14
learning; 15
(f) To determine whether the department is achieving the 16
performance measures; 17
(g) ((If final review is requested by a licensee, to review 18
whether department licensors appropriately and consistently applied 19
agency rules in inspection reports that do not involve a violation of 20
health and safety standards as defined in RCW 43.216.395 in cases 21
that have already been reviewed by the internal review process 22
described in RCW 43.216.395 with the authority to overturn, change, 23
or uphold such decisions;24
(h))) To conduct annual reviews of a sample of department 25
contracts for services from a variety of program and service areas to 26
ensure that those contracts are performance-based and to assess the 27
measures included in each contract; and 28
(((i))) (h) Upon receipt of records or data from the office of 29
the family and children's ombuds or the department, the board is 30
subject to the same confidentiality restrictions as the office of the 31
family and children's ombuds is under RCW 43.06A.050. The provisions 32
of RCW 43.06A.060 also apply to the board. 33
(11) The board has general oversight over the performance and 34
policies of the department and shall provide advice and input to the 35
department and the governor. 36
(12) The board must no less than twice per year convene 37
stakeholder meetings to allow feedback to the board regarding 38
contracting with the department, departmental use of local, state, 39
p. 41 SB 5416
private, and federal funds, and other matters as relating to carrying 1
out the duties of the department. 2
(13) The board shall review existing surveys of providers, 3
customers, parent groups, and external services to assess whether the 4
department is effectively delivering services, and shall conduct 5
additional surveys as needed to assess whether the department is 6
effectively delivering services. 7
(14) The board is subject to the open public meetings act, 8
chapter 42.30 RCW, except to the extent disclosure of records or 9
information is otherwise confidential under state or federal law.10
(15) Records or information received by the board is confidential 11
to the extent permitted by state or federal law. This subsection does 12
not create an exception for records covered by RCW 13.50.100.13
(16) The board members shall receive no compensation for their 14
service on the board, but shall be reimbursed for travel expenses 15
incurred while conducting business of the board when authorized by 16
the board and within resources allocated for this purpose, except 17
appointed legislators who shall be reimbursed for travel expenses in 18
accordance with RCW 43.03.050 and 43.03.060. 19
(17) The board shall select, by majority vote, an executive 20
director who shall be the chief administrative officer of the board 21
and shall be responsible for carrying out the policies adopted by the 22
board. The executive director is exempt from the provisions of the 23
state civil service law, chapter 41.06 RCW, and shall serve at the 24
pleasure of the board established in this section.25
(18) The board shall maintain a staff not to exceed one full-time 26
equivalent employee. The board-selected executive director of the 27
board is responsible for coordinating staff appointments.28
(19) The board shall issue an annual report to the governor and 29
legislature by December 1st of each year with an initial report 30
delivered by December 1, 2019. The report must review the 31
department's progress towards meeting stated performance measures and 32
desired performance outcomes, and must also include a review of the 33
department's strategic plan, policies, and rules. 34
(20) The definitions in this subsection apply throughout this 35
section unless the context clearly requires otherwise.36
(a) "Board" means the oversight board for children, youth, and 37
families established in subsection (8) of this section.38
(b) "Director" means the director of the office of innovation, 39
alignment, and accountability. 40
p. 42 SB 5416
(c) "Performance-based contract" means results-oriented 1
contracting that focuses on the quality or outcomes that tie at least 2
a portion of the contractor's payment, contract extensions, or 3
contract renewals to the achievement of specific measurable 4
performance standards and requirements. 5
NEW SECTION. Sec. 22. Section 13 of this act expires July 1, 6
2026.7
NEW SECTION. Sec. 23. Section 14 of this act takes effect July 8
1, 2026.9
--- END ---
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