wa-law.org > bill > 2023-24 > HB 2179 > Original Bill
Notwithstanding RCW 43.216.250 and 43.216.255, counties with a population of less than 100,000 may adopt and maintain ordinances as provided in this section for the licensing and regulation of child care centers and family home providers. Ordinances may be in effect for any period of time from July 1, 2025, through June 30, 2032. Before a county may engage in licensing and regulation in accordance with this section, it shall adopt ordinances that address, at a minimum, the following with regard to child care centers and family home providers:
The size, safety, cleanliness, and general adequacy of the premises;
The plan of operation;
The character, suitability, and competence of the provider and its employees who are directly responsible for the care of children served;
The number of qualified persons required to render care;
The provision of necessary care, including food, clothing, supervision, and discipline;
The physical, mental, and social well-being of children served;
Educational and recreational opportunities for children served; and
The maintenance of records pertaining to children served.
The county shall notify the department in writing 60 days prior to the effective date of its enacted ordinances meeting the minimum requirements in subsection (1) of this section and shall indicate the termination date of the authorization. The transfer of licensing and regulatory authority shall occur on the effective date of the ordinances as indicated in the county's notification to the department. Licensing and regulation by counties of child care centers and family home providers as provided in this section shall be administered and enforced by those counties. The department shall not regulate these activities nor shall the department bear any civil liability associated with locally licensed and regulated providers for the period that the local regulations are in effect. Upon request, the department shall provide technical assistance to any county that is in the process of adopting the ordinances required by this section, and after the ordinances become effective.
Any county licensing and regulating child care centers and family home providers pursuant to this section shall report to the department on a quarterly basis with the following information: The ordinances adopted pursuant to this section that are currently in effect; a description of how these provisions address the specific areas of regulation identified in subsection (1) of this section; and a complete list of locally licensed providers that includes the type of provider and maximum number of children that may be served under the license. The department must compile and maintain on its website a list of counties that locally license child care centers and family home providers.
The department must adopt rules as necessary to allow locally licensed and regulated child care centers and family home providers to fully participate in the working connections child care program and the early achievers program. In order for locally licensed and regulated providers to qualify to receive state subsidy payments through the working connections child care program, the rules must require providers to participate in the early achievers program, but must not require providers to rate or request to be rated at any particular early achievers program level.
This section expires July 1, 2034.
The department shall contract for a third-party consultant to conduct an analysis of local licensing and regulation of child care centers and family home providers. The analysis must describe the rate of utilization of the local licensing and regulation option permitted under section 1 of this act, and the perceptions of providers, local governments, and the department of the local licensing and regulatory scheme as compared to the state licensing and regulatory scheme, along with their recommendations as to whether the local licensing and regulation authorization should continue.
The department must consult with representatives of local governments in selecting a consultant. The department must make the analysis available to the legislature, in compliance with RCW 43.01.036, by July 1, 2031.
This section expires July 1, 2034.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.