The Negotiated Rule Making Committee is now addressing WAC 170-296s.

Here is an abbreviated list of our concerns. This list primarily addresses due process rights and regulations used to modify, deny, revoke and suspend childcare Providers' licenses.

You will need a copy of your WACs to follow these recommendations. We will add a link to the WACs with this posting once it is on the APRE web site.

Again if any of these recommendations are issues for you then email the new Administration with your concerns. You have our full permission to copy, forward and distribute this information any way you feel is appropriate. This list has not been completed but will be.

The Department Of Early Learning new Administration email addresses:
  jone.bosworth@del.wa.gov

We are recommending that the title of these regulations be changed back to Minimum Licensing Requirements. Licensors should be removed from the business practices of the licensed childcare Providers.

Under WAC 170-296-0020 regarding definitions

A request made this month for a Policy Clarification regarding WAC 170-296-1340, which reads as follows:

What incidents involving children must I report?

   (1) You or your staff must report any of the following incidents immediately to your local children's
         administration intake staff, and your licensor:
         (a) Suspected child abuse, neglect or exploitation;
         (b) Death of a child;
         (c) Child's suicide attempt;
         (d) Use of physical restraint that is alleged to be improper, excessive, or results in injury:
         (e) Sexual contact between two or more children;
         (f) Disclosures of sexual or physical abuse by a child in care;
         (g) Injury requiring professional medical treatment;
         (h) Unexpected or emergent health problems that require off-site
               professional medical treatment;
         (i) Medication that is given incorrectly.
   (2) You or your staff must report immediately, any of the following incidents to the child's parent
         or legal guardian:
         (a) Suicidal or homicidal ideation, gestures, or attempts;
         (b) Unexpected health problems;
         (c) Any incident of medication administered incorrectly;
         (d) Physical assaults that resulted in injury;
         (e) Runaways;
         (f) Missing children; and
         (g) Use of physical restraints for routine behavior management.

Providers are being told by licensors that if a child with a known medical condition i.e., seizures has a seizure while in childcare requiring medical attention that the seizure "incident" must be reported to Intake. The report would then generate a complaint and an interview of parents. Which would then result in privacy issue of the family as well as create a complaint against the Provider which would then be listed on the new LCCIS.

Providers and parents are aware that if an injury occurs in childcare requiring medical attention resulting from the seizure then that injury would need to be reported to Intake. (The current WAC requires this/APRE does not agree with the current WAC as written).

This email is to acquire a clarification on: if the seizure presents, after a full disclosure of the medical condition, would the Provider be required under WAC 1340 to report it to INTAKE?

Clearly you recognize how problematic this would be for the child's parent, the Provider and the public's perception of complaints.

Deborah Rosser

DCCEL's Response: The WAC does say that a seizure must be reported to intake. Seizures can be caused by any number of things, including some types of abuse, which is the reason it is a reportable issue.

Request #2 for clarification:

APRE has been inundated by Provider calls regarding information being told Providers attending licensing orientations being conducted in the Tri-Cities area.

This email is to serve as a request for clarification on several issues.