Intent and Authority
If the provider has an emergency and is unable to submit the written notification of absence, a phone call must be made as soon as possible to the licensor to inform the department of their absence. The qualified individual left in charge of the early learning program must then submit written notification to the department and parents that will cover all items under (3).
No, under 110-300-0015, the requirement for a written plan only occurs when the early learning provider is going to be absent more than ten consecutive operating days.
The valid complaint finding would remain valid, as the person was found to be providing unlicensed child care at the time of the complaint. DCYF is currently addressing the question of the posting of valid unlicensed complaints on Child Care Check as well as in Compass.
WAC 110-300-0010 (3)(a) states that the department’s written notice must inform the individual or agency providing unlicensed child care that the individual or agency must stop providing child care, pursuant to RCW 43.216.360. Technical assistance can be offered to the definition of “agency” noted in RCW 43.216.010 as it relates to those exempt from licensing. DCYF’s priority is to work with individuals and agencies to obtain child care licenses, to promote the development, health, and safety of children enrolled in early learning programs.
DCYF is currently working on posting requirements for unlicensed complaint findings in Child Care Check as well as in Compass. Until changes are made, all reporting and posting will follow current practices.
Yes, DCYF would have to wait the stated 30 days before posting information about an unlicensed provider. If the provider complied with subsection 0020(2) DCYF would not be allowed to post the information stated in subsection 0020(4) online about the unlicensed provider.
These types of decisions regarding inclusive care and "posing a threat" will be individually based and also how the program can meet the individual needs of a child as well as the needs of other children in the program. . Here is further information regarding Sec.36.208 Direct threat.
(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others.
(b) Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.
(c) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk.
Almost all child care providers, regardless of size or number of employees, must comply with the ADA. Even small, home-based centers that may not have to follow some State laws are covered. The exception is child care centers that are actually run by religious entities such as churches, mosques, or synagogues. Activities controlled by religious organizations are not covered by the ADA.
If you have questions regarding ADA and any specific requirements connected to your program, DCYF cannot give legal advice regarding specific compliance with the ADA. Please contact an attorney if you have these type of questions.
Under the ADA, a provider is not required to remodel or rebuild an already existing structure to accommodate every potential disability. A provider is only required to make “reasonable modifications” to allow a specific person with a disability to participate equally with non-disabled peers. This may be an employee, a child with a disability who wants to enroll in your program, or the parent with a disability or relative of an enrolled child who wishes to attend program events. Providers and people with a disability are encouraged to discuss ways to achieve reasonable modifications. Please consult the resources listed here or your attorney to determine whether you may need to make reasonable modifications.
WAC 110-300-0030 has two subsections. Subsection 0030(2) requires a provider to "have a written nondiscrimination policy addressing at least the factors listed in subsection (1) of this section." Subsection 0030(1) lists "race, creed, ethnicity, national origin, marital status, gender, sexual orientation, class, age, religion, or ability" as factors upon which a provider is not allowed to base discrimination in employment or client services. Accordingly, WAC 110-300-0030 requires that a provider must not discriminate in how they employee people or treat clients and requires a written nondiscrimination policy that addresses at least the factors of race, creed, ethnicity, national origin, marital status, gender, sexual orientation, class, age, religion, or ability.
WAC 110-300-0005—which does not go into effect until August 1, 2019—defines a family home early learning program as “an early learning program licensed by the department where a family home licensee provides child care or education services for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.216.010 (1)(c) (family day care provider).” This definition does not distinguish between buildings on the early learning premises that are or are not part of the family living quarters. For instance, a family home early learning program may have several buildings on the property not used for early learning programs, or it may have none. Both scenarios are allowed under this definition.
However, the definition of “licensed space” makes a distinction between space used for early learning programs and space that is not used for early learning programs. WAC 110-300-0005 defines “licensed space as “the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.” This WAC section also defines “premises” to mean the licensed and unlicensed space at the licensed address including, but not limited to, buildings, land, and residences.”
Taken together, a family home early learning program is located on a specific piece of property (the “premises”) and this property would contain the licensee’s living quarters and may contain additional buildings that are not part of the licensee’s living quarters. The premises may have buildings, rooms, or land approved for early learning program use (the “licensed space”) and buildings, rooms, or land not approved for early learning program use (the “unlicensed space”).
All the buildings at the address, where the early learning services are provided, are included in the premises. If there is more than one different address, the property owner may be able to file for a licensing waiver or variance for some of the buildings.