Family Based Changes

WAC Changes for Family Providers

Below are regulations from the Foundational Quality Standards which apply only to family home early learning providers.
Disclaimer: The materials available here are for informational purposes only. These materials are not intended to be relied upon as a comprehensive view of licensing regulations or legal advice. Each individual is responsible for knowing and understanding current Washington State laws and regulations. Current child care laws and rules can be found at chapters 43.216 RCW, 110-300A WAC, and 110-300B WAC. Chapter 110-300 WAC will go in effect on August 1, 2019.
The regulations listed below are excerpts from the sections and may not appear in whole; all early learning providers should always refer back to the section as a whole to see the regulation in full and in context. Chapter 110-300 WAC, containing all sections, can be found at the Foundational Quality Standards:
http://app.leg.wa.gov/wac/default.aspx?cite=110-300

110-300-0015
(1) In a family home early learning program, the licensee must have a written plan for when the licensee will be absent but the program remains open for the care of children. If a family home licensee is absent more than ten consecutive operating days, the licensee must submit a written notification to the department and each child’s parent or guardian at least two business days prior to the planned absence.

110-300-0100
(1) Family home early learning program licensees work from their private residence to provide early learning programing to a group of no more than 12 children present at one time.
(a) A family home licensee must meet the following qualifications upon application:
(i) Be at least 18 years old;
(ii) Have a high school diploma or equivalent; and
(iii) Complete the applicable pre-service requirements pursuant to WAC 110-300-0105.
(b) A family home licensee must meet the following qualifications:
(i) Family home licensees must have an ECE Initial Certificate, or equivalent as approved and verified in the electronic workforce registry by the department within five years of the date this section becomes effective. 90-
(ii) Upon completion of the ECE Initial Certificate or equivalent, family home licensees must complete an ECE Short Certificate or equivalent within two years, as approved and verified in the electronic workforce registry by the department.
(A) If a family home licensee already has an existing ECE Initial Certificate or equivalent, the licensee must complete an ECE Short Certificate or equivalent within five years of licensure by the department.
(B) Five years from the date this rule takes effect, the family home licensee must complete an ECE short Certificate or equivalent within three years.
(iii) Have their continued professional development progress documented annually.
(c) Family home licensees must provide the following services:
(i) Be on site for the daily operation of the early learning program 50 percent or more of weekly operating hours, or designate a person with the qualifications of a family home licensee to be on site when not present;
(ii) Comply with these Foundational Quality Standards;
(iii) Develop a curriculum philosophy, communicate the philosophy to all early learning program staff and parents, and train staff to ensure the philosophy serves all children in the early learning program;
(iv) Have knowledge of community resources available to families, including resources for children with special needs and the ability to share these resources with families; and
(iii) Oversee early learning program staff and support staff in creating and maintaining staff records.
(5) Lead Teachers are responsible for implementing the center or family home early learning program. Lead Teachers develop and provide a nurturing and responsive learning environment that meets the needs of enrolled children.
(c)A family home Lead Teacher must meet the following requirements:
(i) Have an ECE Initial Certificate or equivalent as approved and verified in the electronic workforce registry by the department within five years of the date this section becomes effective, or from being employed or promoted into this position at any licensed early learning program;
(ii) Prior to being in charge of their early learning program 50 percent or more of the time, a family home Lead Teacher must meet the qualifications of the family home licensee and complete or be registered in orientation training required in WAC 110-300-0105(1); and
(iii) Have their professional development progress documented annually;

110-300-0130
(4) A family home licensee must provide a signed and dated declaration form annually if the early learning program meets any of the following requirements in unlicensed space:
(a) Furnace area safety, or smoke or carbon monoxide detector requirements pursuant to WAC 110-300-0110(3);
(b) Guns, weapons, or ammunition storage pursuant to WAC 110-300-0165(2)(e);
(c) Medication storage pursuant to WAC 110-300-0215;
(d) Refrigerator or freezer pursuant to WAC 110-300-0165(3)(d); or
(e) Storage areas that contain chemicals, utility sinks, or wet mops pursuant to WAC 110-300-0260.

110-300-0135
(1) An early learning provider must have accessible and child-size furniture and equipment (or altered and adapted in a family home early learning program) in sufficient quantity for the number of children in care. Tables must not be bucket style.

110-300-0165
(2) An early learning provider must take steps to prevent hazards to children including, but not limited to:
(e) Ensuring firearms, guns, weapons, and ammunition are not on the premises of a center early learning program. Firearms, guns, weapons, and ammunition on the premises of a family home early learning program must be stored in a locked gun safe or locked room inaccessible to children. If stored in a locked room, each gun must be stored unloaded and with a trigger lock or other disabling device. The locked room must be inaccessible to children at all times;
(4) To ensure a safe environment for children in care, an early learning provider must comply with the following requirements:
(b) Window openings. Windows within the reach of children must only open up to three and one-half (3½) inches or have some barrier or preventative measure to discourage children from exiting through the window. The three and one-half (3½) inch opening does not apply to exit windows in family home early learning programs.

110-300-0166
(3)To ensure a safe exit from the premises during an emergency, the early learning provider must comply with the following requirements:
(d)Family home early learning programs must have at least one pivoting or side-hinged swinging exit door. Other exit doors may be sliding glass doors.

110-300-0110
(3) To ensure a safe environment for children in care, an early learning provider must comply with the following fire safety requirements:
(g)Fire alarms and smoke and carbon monoxide detectors.
(i) An early learning provider must have and maintain at least one smoke detector per licensed sleeping area and one per floor. Pursuant to the State Building Code, center early learning providers must comply with WAC 51-50-0907, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0314, as now and hereafter amended; and
(ii) An early learning provider must have and maintain carbon monoxide detectors. Pursuant to the State Building Code, the State Building Code, center early learning providers must comply with WAC 51-50-0915, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0315, as now and hereafter amended.

110-300-0220
(5) Toilet training equipment must be cleaned in a sink not used for food preparation, handwashing, or clean up.
(a) A family home early learning program may use a bathtub or multipurpose sink to clean toilet training equipment unless it is used for food preparation.
(b) The sink, basin, or bathtub in a family home early learning program used to clean toilet training equipment must be cleaned and disinfected after each use with a safe disinfectant.

110-300-0221
(1) A center early learning provider must have a designated diaper changing area, including stand-up diapering, for each classroom or for every age grouping of children who require diapering. Only one diaper changing area is required at a family home early learning provider.

110-300-0236
(1) An early learning program’s drinking water must:
(b) Be offered in outdoor play areas, in each classroom for centers, and in the licensed space for family homes;

70-300-0255
(1) An early learning provider must take appropriate steps to safely prevent or control pests that pose a risk to the health and safety of adults and children in and around the licensed space. Pest control steps must include:
(f) Application. Pesticide must be applied to early learning program space when children are not present. When pesticide is applied, center providers must comply with chapter 17.21 RCW and family home providers must comply with the pesticide manufacturer’s instructions.

110-300-0260
(1) Family home providers must store and maintain chemicals and wet mops in a manner that minimizes the buildup of odors, fumes, or other hazards.

110-300-0355
(1) The department issues initial or non-expiring family home licenses for up to twelve children. The department will not issue a family license to care for more children than permitted by the rules in this chapter but may issue a license to care for fewer than the maximum allowable enrolled children. Family home licenses state:
(a) The maximum number of children that may be in care at any one time (total capacity); and
(b) The age range of children allowed in care.
(2) The department determines capacity for a family home early learning program after considering:
(a) Square footage of the early learning program;
(b) An early learning provider’s years of experience in licensed child care;
(c) A provider’s education and on-going training;
(d) The age range requested or approved by the department;
(e) The amount of developmentally appropriate equipment, materials, and toys an early learning program can provide children to use;
(f) A provider’s licensing history with the department; and
(g) The number of qualified staff available to meet staff-to-child ratios.
(3) A family home licensee must not exceed the total capacity or age range stated on the child care license at any time except as provided in this section. All children on the premises, signed in to child care, on an off-site trip from the early learning program, or being transported by the early learning program staff are counted in capacity including the children of staff.
(b) A family home licensee must receive department approval to care for a child with special needs, pursuant to WAC 110-300-0300, if the child is older than the maximum age identified on the license. A child with documented special needs may be in care up to age 19 and must be counted in both capacity and staff-to-child ratio.
(c) A child with special needs who requires individualized supervision pursuant WAC 110-300-0300 counts towards capacity but does not count in the staff-to-child ratio.
(d) A child who turns 13 years old permitted by chapter 110-290 WAC, as hereafter recodified or amended, and who must be counted in both capacity and staff-to-child ratio.
(4) Any child birth through twelve years old on the premises, signed in to the child care, on an off-site trip from the early learning program, or being transported counts in capacity. This includes a family home licensee’s own children, children of staff, or visiting children not accompanied or supervised by an adult.
(5) A family home licensee must provide qualified staff to fulfill the staffing requirements and staff-to-child ratios during operating hours, including off-site activities and when transporting children in care.
(6) A family home licensee must provide additional staff, pursuant to WAC 110-300-0350, when children are participating in water activities or activities near water.
(7) When applying for an initial or non-expiring family home license, a family home licensee with less than one year of experience may request from the department a capacity of up to six children, birth through twelve years of age.
(a) A maximum of three children may be under two years of age (one child must be able to walk independently).
(b) Experience must be from working as a Center Director, Program Supervisor, Lead Teacher, family home licensee, or another similar role in a child care setting.
(8) When applying for an initial or non-expiring family home license, a family home licensee with at least one year but less than two years of experience and:
(a) Working alone may request a capacity of up to eight children ages two through twelve years of age, with a maximum of four children under three years of age;
(b) Working with a qualified assistant may request a capacity of up to nine children birth through twelve years of age with a maximum of four children under two years of age.
(9) When applying for an initial or non-expiring family home license, a family home licensee with at least two years’ experience and:
(a) Working alone may request a capacity of up to ten children ages three years through twelve years of age;
(b) Working alone may request a capacity of up to twelve children for school age children only; and
(c) Working with a qualified assistant, may request a capacity of up to twelve children birth through twelve years of age with a maximum of six children under two years of age with two children being able to walk independently.
(10) A family home licensee, with two years of experience, may request a license for birth to 24 months of age with a maximum group size of 8 when:
(a) There are two staff present with the group consisting of one staff who meets the qualification of the licensee and another who meets the qualifications to be counted in ratio;
(b) The staff-to-child ratio is 1:4;
(c) 15 additional square feet are provided for each infant or toddler; and
(d) A second staff member is present whenever:
(i) More than two children in care do not walk independently; or
(ii) When there are more than four children are in care.
(11) The staff-to-child ratio is determined by the ages and number of children in care. Two early learning program staff are required anytime:
(a) More than six children are in care and any child in care is under two years of age; (b) More than eight children are in care and any child in care is under three years of age; or (c) More than ten children are in care and any child is under school age.

110-300-0401
(4)The annual fee for family home early learning programs is thirty dollars, or as otherwise set by the legislature.

110-300-0402
(3)An early learning provider planning a change under subsection (1)(a) of this section must also:
(c)Not operate a family home early learning program for more than two weeks following the move before having the department inspect the new location, pursuant to RCW 43.216.305.

110-300-0410
(2) A licensee refers to the individual or organization:
(d) Who resides on the early learning program premises (family home child care only), pursuant to RCW 43.216.010.

110-300-0420
(5) A family home early learning provider must prohibit any person from using, consuming, or being under the influence of cannabis products in any form on licensed space during business hours.

110-300-0425
(9) An early learning provider must report within 24 hours:
(b) To the department:
(iv) A change in the number of household members living within a family home early learning program space. This includes individuals 14 years old or older that move in or out of the home, or a resignation or termination, pursuant to RCW 43.216.390. A birth or death affecting the number of household members must be reported within 24 hours or at first opportunity;

110-300-0443
(3) Fines shall not exceed two hundred and fifty dollars ($250) per day per violation for center early learning programs or one hundred and fifty dollars ($150) per day per violation for family home early learning programs, or as otherwise set by the legislature.

Complete WAC's can be found at The Foundational Quality Standards:
http://app.leg.wa.gov/wac/default.aspx?cite=110-300