Bill Summary – FastDemocracy

H-3495.2
                                HOUSE BILL 2503
     State of Washington        68th Legislature      2024 Regular Session
     By Representative Pollet
     AN ACT Relating to improving the well-being of children in child
 care by enhancing transparency measures and modifying liability
 insurance requirements; amending RCW 43.216.325, 43.216.687, and
 43.216.700; creating a new section; and providing an expiration date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 43.216.325 and 2021 c 304 s 15 are each amended to
 read as follows:
     (1) An agency may be denied a license, or any license issued
 pursuant to this chapter may be suspended, revoked, modified, or not
 renewed by the secretary upon proof: (a) ((that)) That the agency has
 failed or refused to comply with the provisions of this chapter or
 the requirements adopted pursuant to this chapter; or (b) that the
 conditions required for the issuance of a license under this chapter
 have ceased to exist with respect to such licenses. RCW 43.216.327
 governs notice of a license denial, revocation, suspension, or
 modification and provides the right to an adjudicative proceeding.
     (2) In any adjudicative proceeding regarding the denial,
 modification, suspension, or revocation of any license under this
 chapter, the department's decision shall be upheld if it is supported
 by a preponderance of the evidence.
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     (3)(a) The department may assess civil monetary penalties upon
 proof that an agency has failed or refused to comply with the rules
 adopted under this chapter or that an agency subject to licensing
 under this chapter is operating without a license except that civil
 monetary penalties shall not be levied against a licensed foster
 home.
     (b) Monetary penalties levied against unlicensed agencies that
 submit   an  application   for  licensure   within  thirty   days  of
 notification and subsequently become licensed will be forgiven. These
 penalties may be assessed in addition to or in lieu of other
 disciplinary actions. Civil monetary penalties, if imposed, may be
 assessed and collected, with interest, for each day an agency is or
 was out of compliance.
     (c) Civil monetary penalties shall not exceed one hundred fifty
 dollars per violation for a family day care home and two hundred
 fifty dollars per violation for child day care centers or outdoor
 nature-based child care programs. Each day upon which the same or
 substantially similar action occurs is a separate violation subject
 to the assessment of a separate penalty.
     (d) The department shall provide a notification period before a
 monetary penalty is effective and may forgive the penalty levied if
 the agency comes into compliance during this period.
     (e) The department may suspend, revoke, or not renew a license
 for failure to pay a civil monetary penalty it has assessed pursuant
 to this chapter within ten days after such assessment becomes final.
 RCW 43.216.335 governs notice of a civil monetary penalty and
 provides the right to an adjudicative proceeding. The preponderance
 of evidence standard shall apply in adjudicative proceedings related
 to assessment of civil monetary penalties.
     (4)(a) In addition to or in lieu of an enforcement action being
 taken, the department may place a child day care center, outdoor
 nature-based child care provider, or family day care provider on
 nonreferral status if the center or provider has failed or refused to
 comply with this chapter or rules adopted under this chapter or an
 enforcement action has been taken. The nonreferral status may
 continue until the department determines that: (i) No enforcement
 action is appropriate; or (ii) a corrective action plan has been
 successfully concluded.
     (b) Whenever a child day care center, outdoor nature-based child
 care provider, or family day care provider is placed on nonreferral
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 status, the department shall provide written notification to the
 child day care center, outdoor nature-based child care provider, or
 family day care provider.
     (5) The department shall notify appropriate public and private
 child care resource and referral agencies of the department's
 decision to: (a) Take an enforcement action against a child day care
 center, outdoor nature-based child care provider, or family day care
 provider; or (b) place or remove a child day care center, outdoor
 nature-based child care provider, or family day care provider on
 nonreferral status.
     (6) Whenever the department suspends, revokes, or declines to
 renew the license of a child day care center, outdoor nature-based
 child care provider, or family day care provider, the department
 shall notify all parents and guardians of children enrolled with the
 center or provider of the suspension, revocation, or nonrenewal. The
 center or provider shall promptly provide the department with the
 contact information necessary for the department to fulfill this
 requirement.
     Sec. 2. RCW 43.216.687 and 2021 c 304 s 24 are each amended to
 read as follows:
     (1) Every child day care center, outdoor nature-based child care
 provider, and family day care provider shall prominently post the
 following items, in a manner that is clearly visible to and takes
 into account the linguistic needs of parents and staff:
     (a) The license issued under this chapter;
     (b) The department's toll-free telephone number established by
 RCW 43.216.685;
     (c) The notice of any pending enforcement action. The notice must
 be posted immediately upon receipt. The notice must be posted for at
 least two weeks or until the violation causing the enforcement action
 is corrected, whichever is longer;
     (d) A notice that inspection reports and any notices of
 enforcement actions for the previous three years are available from
 the licensee and the department; ((and))
     (e) Proof of insurance coverage as described in RCW 43.216.700,
 if applicable, including liability limits under the policy or
 policies of the child day care center, outdoor nature-based child
 care provider, or family day care provider;
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     (f) The early achievers rating level of the child day care
 center, outdoor nature-based child care provider, or family day care
 provider, if any;
     (g)(i) Subject to (g)(ii) of this subsection, a notice in the
 form of a poster designed by the department stating that licensing
 history, inspection reports, and early achievers ratings information
 for child day care centers, outdoor nature-based child care
 providers, and family day care providers is available through the
 department's website, along with clear instructions as to how to
 access that information;
     (ii) Child day care centers, outdoor nature-based child care
 providers, and family day care providers shall post the notice
 required in this subsection (1)(g) within 30 days of receiving a
 standard poster from the department and within 30 days of receipt of
 any updated poster; and
     (h) Any other information required by the department.
     (2) Every child day care center, outdoor nature-based child care
 provider, and family day care provider that maintains a website shall
 provide a link on the website to the department's web page displaying
 or linking to provider licensing history, inspection reports, and
 early achievers ratings.
     (3) Outdoor nature-based child care providers without a suitable
 physical location for posting may post the information required in
 this section at the host park headquarters or visitor center, or at
 another location likely to be observed by parents and guardians, and
 shall publish the information on any website maintained by the
 provider.
     (4) The department shall disclose the receipt, general nature,
 and resolution or current status of all complaints on record with the
 department after July 24, 2005, against a child day care center or
 family day care provider that result in an enforcement action.
 Information may be posted:
     (a) On a website; or
     (b) In a physical location that is easily accessed by parents and
 potential employers.
     (((3))) (5) This section shall not be construed to require the
 disclosure of any information that is exempt from public disclosure
 under chapter 42.56 RCW.
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     Sec. 3. RCW 43.216.700 and 2021 c 304 s 27 are each amended to
 read as follows:
     (1) Every licensed child day care center and outdoor nature-based
 child care provider shall, at the time of licensure or renewal and at
 any inspection, provide to the department proof that the licensee has
 day care insurance as defined in RCW 48.88.020, or is self-insured
 pursuant to chapter 48.90 RCW.
     (a) Every licensed child day care center and outdoor nature-based
 child care provider shall comply with the following requirements:
     (i) Notify the department when coverage has been terminated;
     (ii) ((Post)) In addition to posting proof of insurance coverage
 as required in RCW 43.216.687, post at the day care center or outdoor
 nature-based child care location, in a manner likely to be observed
 by patrons, any notice that coverage has lapsed or been terminated.
 Outdoor nature-based child care providers without a suitable physical
 location for posting may fulfill this requirement in the manner
 described in RCW 43.216.687(3);
     (iii) Provide written notice to parents ((that)) of insurance
 coverage as required by this section with preenrollment materials,
 including liability limits under the licensee's policy or policies,
 and written notice if coverage has lapsed or terminated within thirty
 days of lapse or termination; and
     (iv) Post notice of insurance coverage as required by this
 section, including liability limits under the licensee's policy or
 policies and a link to review the policy or policies, on any website
 maintained by the licensee.
     (b) Liability limits under this subsection shall be ((the same as
 set forth in RCW 48.88.050)) determined by the department in rule.
     (c) The department may take action as provided in RCW 43.216.325
 if the licensee fails to maintain in full force and effect the
 insurance required by this subsection.
     (d) This subsection applies to child day care centers and outdoor
 nature-based child care providers holding licenses, initial licenses,
 and probationary licenses under this chapter.
     (((e) A child day care center holding a license under this
 chapter on July 24, 2005, is not required to be in compliance with
 this subsection until the time of renewal of the license or until
 January 1, 2006, whichever is sooner.))
     (2)(a) Every licensed family day care provider shall, at the time
 of licensure or renewal either:
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     (i) Provide to the department proof that the licensee has day
 care insurance as defined in RCW 48.88.020, or other applicable
 insurance; or
     (ii) Provide written notice of their insurance status on a
 standard form developed by the department to parents with a child
 enrolled in family day care and keep a copy of the notice to each
 parent on file. Family day care providers may choose to opt out of
 the requirement to have day care or other applicable insurance but
 must provide written notice of their insurance status to parents with
 a child enrolled and shall not be subject to the requirements of (b)
 or (c) of this subsection.
     (b) Any licensed family day care provider that provides to the
 department proof that the licensee has insurance as provided under
 (a)(i)   of   this  subsection  shall   comply  with   the  following
 requirements:
     (i) Notify the department when coverage has been terminated;
     (ii) ((Post)) In addition to posting proof of insurance coverage
 as required in RCW 43.216.687, post at the day care home, in a manner
 likely to be observed by patrons, any notice that coverage has lapsed
 or been terminated;
     (iii) Provide written notice to parents ((that)) of insurance
 coverage with preenrollment materials, including liability limits
 under the licensee's policy or policies, and written notice if
 coverage has lapsed or terminated within thirty days of lapse or
 termination; and
     (iv) Post notice of insurance coverage, including liability
 limits under the licensee's policy or policies and a link to review
 the policy or policies, on any website maintained by the licensee.
     (c) Liability limits under (a)(i) of this subsection shall be
 ((the same as set forth in RCW 48.88.050)) determined by the
 department in rule.
     (d) The department may take action as provided in RCW 43.216.325
 if the licensee fails to comply with the requirements of this
 subsection.
     (((e) A family day care provider holding a license under this
 chapter on July 24, 2005, is not required to be in compliance with
 this subsection until the time of renewal of the license or until
 January 1, 2006, whichever is sooner.))
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      (3) Noncompliance or compliance with the provisions of this
  section shall not constitute evidence of liability or nonliability in
  any injury litigation.
     NEW SECTION. Sec. 4. (1) By September 1, 2024, the department
 of children, youth, and families shall:
     (a) Assess its website for the accessibility of information
 pertaining to child care provider and center licensing history,
 inspection reports, and early achievers ratings, and take steps to
 make associated information and applicable links easier to locate for
 parents and guardians; and
     (b) Design and make available a standard notice for the posting
 required by RCW 43.216.687(1)(g).
     (2) The department of children, youth, and families must review
 the minimum liability limits for day care insurance identified in RCW
 48.88.050 and recommend updated limits that take into account
 insurance product availability, inflation, and average and potential
 liability coverage needs of child care entities. By December 1, 2024,
 and in accordance with RCW 43.01.036, the department of children,
 youth, and families must report to the appropriate committees of the
 legislature with its recommendations.
     (3) This section expires July 1, 2026.
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Statutes affected: 
Original Bill: 43.216.325, 43.216.687, 43.216.700