Provider Rights
Methods and Practices (MAP) (MS Word, 350kb)
https://wws2.wa.gov/dshs/clic/request.asp to DCCEL's Provider Check Page
Providers have the right....

  • to disagree with the cited violations of a Facility Licensing Compliance Agreement (FLICA). Even though WAC 338-296-0370(2)(a)mandates that a Provider must sign the FLICA (or be in violation of yet another WAC), the Provider may sign the FLICA writing on the form that she/he denies the violation and requests a Supervisory Review.

  • to know that once a Provider signs a Facility Licensing Compliance Agreement, they are agreeing that they were in fact in violation of the cited WAC.

  • to know that a Facility Licensing Compliance Agreement is a legal binding agreement/document and can be used against a Provider creating a history of non-compliance resulting in the issuance of a probationary license, modification, denial or a revocation.

  • after a license revocation is issued, to request an Administrative hearing and remain open during the Hearing Process and until the final order is issued. RCW 43.20A.205(4)(a).

  • to be made aware that even though the Department will state that a Provider may represent themselves at a Hearing, the Department will be represented by an Assistant Attorney General giving the Department an unfair advantage over the Provider.

  • to be informed that the Department can only summarily suspend the license (immediately shut the business down) if there is imminent risk to children. If the Department shuts a childcare business down the Provider can make a request for an Expedited STAY to re-open and remain open for the duration of any investigation and until the completion of the Hearing process. An Expedited Stay Hearing will only be successful if the ALJ rules in favor of the Provider. RCW 43.20A.205(4)(b)

  • to be licensed under RCWs and WAC's which, when enforced, are not left to the interpretation of individual DCCEL staff. When a Provider is penalized for a WAC interpretation, the Provider can request policy clarification via legislators and/or DCCEL Policy Administrator. There is no Hearing process for disputing a FLICA.

  • to challenge the finding of a FOUNDED DLR/CPS complaint by requesting a Supervisory Review and/or an Administrative Hearing. There is no Hearing process for Inconclusive Findings. Provider may want to consider a Supervsory Review on Inconclusive Findings.

  • to defend, have council and/or advocacy, during any meeting or investigation with DCCEL and/or DLR/CPS.

  • to accuracy on every entry made by DCCEL and/or DLR/CPS and to respond and submit documentation refuting inaccurate entries. Inaccurate entries will not be removed from the licensing file or CAMIS.

  • to request Public Disclosure on every home visit conducted by DCCEL and or DLR/CPS at the time of the home visit. (APRE encourages Providers to request their full records on a quarterly basis; hard copy and CAMIS)

  • to full disclosure of any "complaint" or "non-compliance" entry and/or investigation by DCCEL and/or DLR/CPS once the investigation is completed..

  • to timely written notification that you are the subject of an investigation.

  • to be aware that surrendering the license will result in giving up your administrative hearing rights.

  • to be aware that there are dangers in accepting a probationary license. Please contact either us or an attorney before agreeing to a probationary license.

  • to be aware that there is not a statute mandating that a change in residence means the Provider must accept an INITIAL license.

  • to be aware that people may be on the premises during childcare hours without a background check if they do not have unsupervised access to children.

    You can find additional information on your rights by searching the web with the following key words:
  • DocuPACT - Washington State's DSHS Web-enabled document management imaging and workflow solution to quickly process Public Disclosure Requests.
  • Public Disclosure RCW 42.17 Case List
  • Washington State Right to Know - Public Disclosure Info
  • The Privacy Act of 1974 - Right of access, Right of amendment, Right to an administrative hearing, Civil Remedies (Lawsuits which reversal of attorney and court costs exist if Provider prevails)
  • The Freedom of information Act
  • Investigator Training Program - DSHS uses this program for training and the good citizens of Washington State expect DSHS staff to perform by it!

  • Google

    www www.apreweb.com