RCW ch. 43.216 — Revised Code of Washington Chapter 43.216 RCW — Department Of Children, Youth, And Families

RCW 43.216.0049999 43.216.0049999' >GENERAL PROVISIONS RCW 43.216.005 Findings. (1) The legislature finds that state services are not currently organized and delivered in a way that achieves the optimal outcomes for children, youth, and families. The legislature believes that, to improve service delivery and outcomes, existing services must be restructured into a comprehensive agency dedicated to the safety, development, and well-being of children that emphasizes prevention, early childhood development, and early intervention, and supporting parents to be their children's first and most important teachers. (2) The legislature finds that: (a) The early years of a child's life are critical to the child's healthy brain development and that the quality of caregiving during the early years can significantly impact the child's intellectual, social, and emotional development; (b) A successful outcome for every child obtaining a K-12 education depends on children being prepared from birth for academic and social success in school. For children at risk of school failure, the opportunity gap often emerges as early as eighteen months of age; (c) A more cohesive and integrated early learning system has been established that provides a solid foundation for further improvements in the quality and availability of early learning programs; and (d) Increasing the availability of high quality services for children ages birth to three and their parents or caregivers will result in improved school and life outcomes. (3) Research is clear that quality culturally and linguistically responsive early care and education builds the foundation for a child's success in school and in life. In restructuring early learning and child welfare services, the legislature seeks to build on the success of Washington's early learning efforts to assure children most at risk of experiencing adversity are provided high quality early learning experiences. (4) The legislature finds that advancements in research and science have identified indicators of risk, how they impact healthy development, and the critical importance of stable, nurturing relationships, particularly in the early years. Services for families and children should be prioritized for those who are most at risk of neglect, physical harm, and other adverse factors. (5) The legislature finds that a focus on adolescent development is needed to ensure that effective supports and interventions are targeted to support adolescents successfully transitioning to adulthood. Youth known to both the child welfare and juvenile justice systems often suffer from childhood trauma, have multisystem involvement, and experience homelessness. Increased integration of the child welfare and juvenile justice systems can increase opportunities for prevention and improve outcomes for youth in both systems. (6) The legislature finds that children and youth of color are disproportionately impacted at every point in the child welfare and juvenile justice systems. The department of children, youth, and families must prioritize addressing equity, disproportionality, and disparity in service delivery and outcomes, and provide transparent, frequent reporting of outcomes by race, ethnicity, and geography. The legislature finds that the state values the partnership with tribes in providing services for our children and youth and intends to honor the government-to-government relationship between the state and tribes. (7) The department of children, youth, and families must be anchored in a culture of innovation, transparency, accountability, rigorous data analysis, and reliance on research and evidence-based interventions. (8) The legislature finds that the public expects an effective service delivery system that is comprehensive, accountable, and goes beyond a single department's role. For this reason, the legislature is creating a mechanism in the department of children, youth, and families to align, integrate, and ensure accountability of state services for children, youth, and their families across state agencies so that there is a seamless, effective, prevention and early intervention-based service system regardless of which state agency is responsible for particular services. (9) The legislature finds that the work of the department of children, youth, and families will only be as successful as the workforce—both the agency employees and community-based providers. Increased support for the professionals working with children, youth, and families is critical to improving outcomes. (10) The legislature further finds that other states have successfully established integrated departments dedicated to serving children, youth, and families. These departments have improved the visibility of child and family issues, increased authority and accountability, enabled system improvements, and created a stronger focus on improving child outcomes. [ 2017 3rd sp.s. c 6 s 1.] RCW 43.216.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" means any person, firm, partnership, association, corporation, or facility that provides child care and early learning services outside a child's own home and includes the following irrespective of whether there is compensation to the agency: (a) "Child day care center" and "child care center" mean an agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours; (b) "Early learning" includes but is not limited to programs and services for child care; state, federal, private, and nonprofit preschool; child care subsidies; child care resource and referral; parental education and support; and training and professional development for early learning professionals; (c) "Family day care provider" and "family home provider" mean a child care provider who regularly provides early childhood education and early learning services for not more than 12 children at any given time in the provider's home in the family living quarters except as provided in RCW 43.216.692 and subsection (2)(n) of this section; (d) "Nongovernmental private-public partnership" means an entity registered as a nonprofit corporation in Washington state with a primary focus on early learning, school readiness, and parental support, and an ability to raise a minimum of $5,000,000 in contributions; (e) "Outdoor nature-based child care" means an agency or an agency-offered program that: (i) Enrolls preschool or school-age children; (ii) Provides early learning services to the enrolled children in an outdoor natural space approved by the department for not less than four hours per day or fifty percent of the daily program hours, whichever is less; and (iii) Teaches a nature-based curriculum to enrolled children; (f) "Service provider" means the entity that operates a community facility. (2) "Agency" does not include the following: (a) Persons related to the child in the following ways: (i) Any blood relative, including those of half-blood, and including first cousins, nephews or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great; (ii) Stepfather, stepmother, stepbrother, and stepsister; (iii) A person who legally adopts a child or the child's parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with state law; or (iv) Spouses of any persons named in (a)(i), (ii), or (iii) of this subsection, even after the marriage is terminated; (b) Persons who are legal guardians of the child; (c) Persons who care for a neighbor's or friend's child or children, with or without compensation, where the person providing care for periods of less than 24 hours does not conduct such activity on an ongoing, regularly scheduled basis for the purpose of engaging in business, which includes, but is not limited to, advertising such care; (d) Parents on a mutually cooperative basis exchange care of one another's children; (e) Nursery schools that are engaged primarily in early childhood education with preschool children and in which no child is enrolled on a regular basis for more than four hours per day; (f) Schools, including boarding schools, that are engaged primarily in education, operate on a definite school year schedule, follow a stated academic curriculum, and accept only school age children; (g) Seasonal camps. For purposes of this chapter, "seasonal camp" means a program that: (i) Operates for three months or less within a period of twelve consecutive months; (ii) Is engaged primarily in recreational or educational activities conducted on a closely supervised basis; and (iii) Is owned by any person, organization, association, or corporation, or is operated by a federal, state, county, or municipal government; (h) Facilities providing child care for periods of less than 24 hours when a parent or legal guardian of the child remains on the premises of the facility for the purpose of participating in: (i) Activities other than employment; or (ii) Employment of up to two hours per day when the facility is operated by a nonprofit entity that also operates a licensed child care program at the same facility in another location or at another facility; (i) Any entity that provides recreational or educational programming for school age children only and the entity meets all of the following requirements: (i) The entity utilizes a drop-in model for programming, where children are able to attend during any or all program hours without a formal reservation; (ii) The entity does not assume responsibility in lieu of the parent, unless for coordinated transportation; (iii) The entity is a local affiliate of a national nonprofit; and (iv) The entity is in compliance with all safety and quality standards set by the associated national agency; (j) A school-day early childhood education and assistance program or head start program that is located in a public school building or community or technical college building, or on the premises of a public school or community or technical college; (k) A program operated by any unit of local, state, or federal government; (l) A program located within the boundaries of a federally recognized Indian reservation, licensed by the Indian tribe; (m) A program located on a federal military reservation, except where the military authorities request that such agency be subject to the licensing requirements of this chapter; (n) A family home provider located in the surrounding metropolitan area of a federal military reservation and is overseen and currently certified by a federal military service; or (o) A program that offers early learning and support services, such as parent education, and does not provide child care services on a regular basis. (3) "Applicant" means a person who requests or seeks employment in an agency. (4) "Certificate of parental improvement" means a certificate issued under RCW 74.13.720 to an individual who has a founded finding of physical abuse or negligent treatment or maltreatment, or a court finding that the individual's child was dependent as a result of a finding that the individual abused or neglected their child pursuant to RCW 13.34.030(6)(b). (5) "Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the applicant. (6) "Department" means the department of children, youth, and families. (7) "Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation. (8) "Early childhood education and assistance program contractor" means an organization that provides early childhood education and assistance program services under a signed contract with the department. (9) "Early childhood education and assistance program provider" means an organization that provides site level, direct, and high quality early childhood education and assistance program services under the direction of an early childhood education and assistance program contractor. (10) "Education data center" means the education data center established in RCW 43.41.400, commonly referred to as the education research and data center. (11) "Employer" means a person or business that engages the services of one or more people, especially for wages or salary to work in an agency. (12) "Enforcement action" means denial, suspension, revocation, modification, or nonrenewal of a license pursuant to RCW 43.216.325(1) or assessment of civil monetary penalties pursuant to RCW 43.216.325(3). (13) "Extended day program" means an early childhood education and assistance program that offers early learning education for at least 10 hours per day, a minimum of 2,000 hours per year, at least four days per week, and operates year-round. (14) "Family resource and referral linkage system" means a system that connects families to resources, services, and programs for which families are eligible and uses a database that is developed and maintained in partnership with communities, health care providers, and early learning providers. (15) "Family resource center" means a unified single point of entry where families, individuals, children, and youth in communities can obtain information, an assessment of needs, referral to, or direct delivery of family services in a manner that is welcoming and strength-based. (a) A family resource center is designed to meet the needs, cultures, and interests of the communities that the family resource center serves. (b) Family services may be delivered directly to a family at the family resource center by family resource center staff or by providers who contract with or have provider agreements with the family resource center. Any family resource center that provides family services shall comply with applicable state and federal laws and regulations regarding the delivery of such family services, unless required waivers or exemptions have been granted by the appropriate governing body. (c) Each family resource center shall have one or more family advocates who screen and assess a family's needs and strengths. If requested by the family, the family advocate shall assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working towards a greater level of self-reliance or in attaining self-sufficiency. (16) "Full day program" means an early childhood education and assistance program that offers early learning education for a minimum of 1,000 hours per year. (17) "Inspection report" means a written or digital record or report created by the department that identifies or describes licensing violations or conditions within an agency. An inspection report does not include a child care facility licensing compliance agreement as defined in RCW 43.216.395. (18) "Low-income child care provider" means a person who administers a child care program that consists of at least 80 percent of children receiving working connections child care subsidy. (19) "Low-income neighborhood" means a district or community where more than 20 percent of households are below the federal poverty level. (20) "Negative action" means a court order, court judgment, or an adverse action taken by an agency, in any state, federal, tribal, or foreign jurisdiction, which results in a finding against the applicant reasonably related to the individual's character, suitability, and competence to care for or have unsupervised access to children in child care. This may include, but is not limited to: (a) A decision issued by an administrative law judge; (b) A final determination, decision, or finding made by an agency following an investigation; (c) An adverse agency action, including termination, revocation, or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification, or contract in lieu of the adverse action; (d) A revocation, denial, or restriction placed on any professional license; or (e) A final decision of a disciplinary board. (21) "Nonconviction information" means arrest, founded allegations of child abuse, or neglect pursuant to chapter 26.44 RCW, or other negative action adverse to the applicant. (22) "Nonschool age child" means a child who is age six years or younger and who is not enrolled in a public or private school. (23) "Part day program" means an early childhood education and assistance program that offers early learning education for at least two and one-half hours per class session, at least 320 hours per year, for a minimum of 30 weeks per year. (24) "Private school" means a private school approved by the state under chapter 28A.195 RCW. (25) "Probationary license" means a license issued as a disciplinary measure to an agency that has previously been issued a full license but is out of compliance with licensing standards. (26) "Requirement" means any rule, regulation, or standard of care to be maintained by an agency. (27) "School age child" means a child who is five years of age through 12 years of age and is attending a public or private school or is receiving home-based instruction under chapter 28A.200 RCW. (28) "Secretary" means the secretary of the department. (29) "Washington state preschool program" means an education program for children three-to-five years of age who have not yet entered kindergarten, such as the early childhood education and assistance program. [ 2026 c 54 s 1; 2025 c 181 s 1. Prior: 2021 c 304 s 2; 2021 c 199 s 501; 2021 c 39 s 4; prior: 2020 c 270 s 11; 2017 3rd sp.s. c 6 s 201; prior: 2016 c 231 s 1; 2016 c 169 s 3; 2015 3rd sp.s. c 7 s 19; prior: 2013 c 323 s 3; 2013 c 130 s 1; prior: 2011 c 295 s 3; 2011 c 78 s 1; prior: 2007 c 415 s 2; 2007 c 394 s 2; 2006 c 265 s 102. Formerly RCW 43.215.010.] NOTES: Short title— RCW 43.216.015 Department of children, youth, and families—Created—Duties—Agency performance data—Oversight board for children, youth, and families—Powers and restrictions—Stakeholder meetings. (1)(a) The department of children, youth, and families is created as an executive branch agency. The department is vested with all powers and duties transferred to it under chapter 6, Laws of 2017 3rd sp. sess. and such other powers and duties as may be authorized by law. The vision for the department is that Washington state's children and youth grow up safe and healthy— RCW 43.216.020 Department duties. (1) The department shall implement state early learning policy and coordinate, consolidate, and integrate child care and early learning programs in order to administer programs and funding as efficiently as possible. The department's duties include, but are not limited to, the following: (a) To support both public and private sectors toward a comprehensive and collaborative system of early learning that serves parents, children, and providers and to encourage best practices in child care and early learning programs; (b) To make early learning resources available to parents and caregivers; (c) To carry out activities, including providing clear and easily accessible information about quality and improving the quality of early learning opportunities for young children, in cooperation with the nongovernmental private-public partnership; (d) To administer child care and early learning programs; (e) To safeguard and promote the health, safety, and well-being of children receiving child care and early learning assistance, which is paramount over the right of any person to provide such care; (f) To apply data already collected comparing the following factors and make recommendations to the legislature in a time frame which corresponds to the child care and development fund federal reporting requirements, regarding working connections subsidy and state-funded preschool rates and compensation models that would attract and retain high quality early learning professionals: (i) State-funded early learning subsidy rates and market rates of licensed early learning homes, centers, and outdoor nature-based child care; (ii) Compensation of early learning educators in licensed centers, homes, and outdoor nature-based child care, and early learning teachers at state higher education institutions; (iii) State-funded preschool program compensation rates and Washington state head start program compensation rates; and (iv) State-funded preschool program compensation to compensation in similar comprehensive programs in other states; (g) To administer the early support for infants and toddlers program in RCW 43.216.580, serve as the state lead agency for Part C of the federal individuals with disabilities education act (IDEA), and develop and adopt rules that establish minimum requirements for the services offered through Part C programs, including allowable allocations and expenditures for transition into Part B of the federal individuals with disabilities education act (IDEA); (h) To standardize internal financial audits, oversight visits, performance benchmarks, and licensing criteria, so that programs can function in an integrated fashion; (i) To support the implementation of the nongovernmental private-public partnership and cooperate with that partnership in pursuing its goals including providing data and support necessary for the successful work of the partnership; (j) To work cooperatively and in coordination with the early learning council; (k) To collaborate with the K-12 school system at the state and local levels to ensure appropriate connections and smooth transitions between early learning and K-12 programs; (l) To develop and adopt rules for administration of the program of early learning established in RCW 43.216.555; (m) To develop a comprehensive birth-to-three plan to provide education and support through a continuum of options including, but not limited to, services such as: Home visiting; quality incentives for infant and toddler child care subsidies; quality improvements for family home and center-based child care programs serving infants and toddlers; professional development; early literacy programs; and informal supports for family, friend, and neighbor caregivers; and (n) Upon the development of an early learning information system, to make available to parents timely inspection and licensing action information and provider comments through the internet and other means. (2) When additional funds are appropriated for the specific purpose of home visiting and parent and caregiver support, the department must reserve at least eighty percent for home visiting services to be deposited into the home visiting services account and up to twenty percent of the new funds for other parent or caregiver support. (3) Home visiting services must include programs that serve families involved in the child welfare system. (4) The department's programs shall be designed in a way that respects and preserves the ability of parents and legal guardians to direct the education, development, and upbringing of their children, and that recognizes and honors cultural and linguistic diversity. The department shall include parents and legal guardians in the development of policies and program decisions affecting their children. [ 2021 c 304 s 5. Prior: 2020 c 262 s 5; 2020 c 90 s 4; 2017 3rd sp.s. c 6 s 202; 2016 c 57 s 5; 2013 c 323 s 5; prior: 2010 c 233 s 1; 2010 c 232 s 2; 2010 c 231 s6; 2007 c 394 s 5; 2006 c 265 s 103. Formerly RCW 43.215.020.] NOTES: Effective date— RCW 43.216.021 Opioid overdose reversal medication and training. The department shall provide opioid overdose reversal medication and training in the use of such medication to all department staff whose job duties require in-person service or case management for child welfare or juvenile rehabilitation clients. [ 2023 sp.s. c 1 s 21.] RCW 43.216.022 Annual quality assurance report. The department shall prepare an annual quality assurance report that must, at minimum, include: (1) Performance outcomes regarding health and safety of children in the children's services system; (2) children's length of stay in out-of-home placement from each date of referral; (3) adherence to permanency planning timelines; and (4) the response time on child protective services investigations differentiated by risk level determined at intake. [ 2019 c 470 s 11.] RCW 43.216.025 Secretary—Appointment—Salary. (1) The executive head and appointing authority of the department is the secretary. The secretary shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The secretary shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of secretary while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate when the governor's nomination for the office of secretary shall be presented. (2) The secretary may employ staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter and such other duties as may be authorized by law. The employment of such additional staff shall be in accordance with chapter 41.06 RCW, except as otherwise provided. The secretary may delegate any power or duty vested in him or her by chapter 6, Laws of 2017 3rd sp. sess. or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW. (3) The internal affairs of the department are under the control of the secretary in order that the secretary may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the secretary has the complete charge and supervisory powers over the department. The secretary may create the administrative structures in consultation with the office of innovation, alignment, and accountability established in RCW 43.216.035, except as otherwise specified in law, and the secretary may employ personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law. [ 2017 3rd sp.s. c 6 s 102; 2006 c 265 s 104. Formerly RCW 43.215.030.] NOTES: Effective date— RCW 43.216.030 Secretary's authority. (1) The secretary or the secretary's designee has the full authority to administer oaths and take testimony, to issue subpoenas requiring the attendance of witnesses before him or her together with all books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by those witnesses of all facts known to them relative to the matters under investigation. (2) Subpoenas issued in adjudicative proceedings are governed by RCW 34.05.588(1). (3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions are governed by RCW 34.05.588(2). (4) When a judicially approved subpoena is required by law, the secretary or the secretary's designee may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or in the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must: (a) State that an order is sought under this section; (b) Adequately specify the documents, records, evidence, or testimony; and (c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority. (5) When an application under subsection (4) of this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. When a judicially approved subpoena is required by law, an order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony. (6) The secretary or the secretary's designee may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3). [ 2017 3rd sp.s. c 6 s 106.] NOTES: Effective date— RCW 43.216.035 Office of innovation, alignment, and accountability—Duties and focus. (1) Beginning July 1, 2018, the office of innovation, alignment, and accountability shall have a director, appointed by the secretary, who shall set the agenda and oversee the office, who reports to the secretary. The secretary shall ensure that the leadership and staff of the office do not have responsibility for service delivery but are wholly dedicated to directing and implementing the innovation, alignment, integration, collaboration, systemic reform work, and building external partnerships for which the office is responsible. (2) The primary duties and focus of the office are on continuous improvement and includes the functions in this subsection: (a) To review and recommend implementation of advancements in research; (b) To work with other state government agencies and tribal governments to align and measure outcomes across state agencies and state-funded agencies serving children, youth, and families including, but not limited to, the use of evidence-based and research-based practices and contracting; (c) To work with other state government agencies, tribal governments, partner agencies, and state-funded organizations on the use of data-driven, research-based interventions that effectively intervene in the lives of at-risk young people and align systems that serve children, youth, and their families; (d) To develop approaches for integrated real-time data sharing, aligned outcomes, and collective accountability across state government agencies to the public; (e) To conduct quality assurance and evaluation of programs and services within the department; (f) To lead partnerships with the community, research and teaching institutions, philanthropic organizations, and nonprofit organizations; (g) To lead collaboration with courts, tribal courts and tribal attorneys, attorneys, court-appointed special advocates, and guardians ad litem to align and integrate the work of the department with those involved in decision making in child welfare and juvenile justice cases; (h) To produce, in collaboration with key stakeholders, an annual work plan that includes priorities for ongoing policy, practice, and system reform, tracking, and reporting out on the performance of department reforms; (i) To appoint members of an external stakeholder committee who value racial and ethnic diversity and that includes representatives from a philanthropic organization, research entity representatives, representatives from the business community, one or more parent representatives, youth representatives, tribal representatives, representatives from communities of color, foster parent representatives, representatives from an organization that advocates for the best interest of the child, and community-based providers, who will advise the office on priorities for practice, policy, and system reform and on effective management policies, development of appropriate organizational culture, external partnerships, knowledge of best practices, and leveraging additional resources to carry out the duties of the department; (j) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes recommendations regarding whether the juvenile rehabilitation division of the department of social and health services should be integrated into the department of children, youth, and families, and if so, what the appropriate timing and process is for integration of the juvenile rehabilitation division into the department of children, youth, and families; (k) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes: (i) A review of the current process for addressing foster parent complaints and concerns through the department and through the office of the family and children's ombuds established in chapter 43.06A RCW that includes an examination of any deficiencies of the current system; and (ii) Recommendations for expanding, modifying, and enhancing the current system for addressing individual foster parent complaints to improve child welfare, the experience of foster parents, and the overall functioning of the child welfare system; and (l) To provide a report to the governor and the appropriate committees of the legislature by November 1, 2018, that includes recommendations regarding whether the office of homeless youth prevention and protection programs in the department of commerce should be integrated into the department, and the process for that integration if recommended. [ 2017 3rd sp.s. c 6 s 104.] NOTES: Effective date— RCW 43.216.040 Family services and programs—Administration. The secretary shall administer family services and programs to promote the state's policy as provided in RCW 74.14A.025. [ 2017 3rd sp.s. c 6 s 107.] NOTES: Effective date— RCW 43.216.045 Advisory committees or councils—Travel expenses. The secretary may appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The secretary may also appoint statewide committees or councils on such subject matters as are or come within the department's responsibilities. The committees or councils shall be constituted as required by federal law or as the secretary may determine. Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060. [ 2018 c 58 s 43; 2006 c 265 s 106. Formerly RCW 43.215.050.] NOTES: Effective date— RCW 43.216.050 Evaluation and research materials and data on private nonprofit group homes—Availability. The secretary shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials. [ 2017 3rd sp.s. c 6 s 108.] NOTES: Effective date— RCW 43.216.055 Federal and state cooperation—Rules—Construction. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. [ 2006 c 265 s 107. Formerly RCW 43.215.060.] RCW 43.216.060 Policies to support children of incarcerated parents. (1)(a) The secretary shall review current department policies and assess the adequacy and availability of programs targeted at persons who receive assistance who are the children and families of a person who is incarcerated in a department of corrections facility. Great attention shall be focused on programs and policies affecting foster youth who have a parent who is incarcerated. (b) The secretary shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, while reducing intergenerational incarceration. (2) The secretary shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section: (a) Gather information and data on the recipients of assistance who are the children and families of inmates incarcerated in department of corrections facilities; and (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee. [ 2017 3rd sp.s. c 6 s 203; 2007 c 384 s 4. Formerly RCW 43.215.065.] NOTES: Effective date— RCW 43.216.065 Private-public partnership—Secretary's duties. (1) In addition to other duties under this chapter, the secretary shall actively participate in a nongovernmental private-public partnership focused on supporting government's investments in early learning and ensuring that every child in the state is prepared to succeed in school and in life. Except for licensing as required by Washington state law and to the extent permitted by federal law, the secretary shall grant waivers from the rules of state agencies for the operation of early learning programs requested by the nongovernmental private-public partnership to allow for flexibility to pursue market-based approaches to achieving the best outcomes for children and families. (2) In addition to other powers granted to the secretary, the secretary may: (a) Enter into contracts on behalf of the department to carry out the purposes of this chapter; (b) Accept gifts, grants, or other funds for the purposes of this chapter; and (c) Adopt, in accordance with chapter 34.05 RCW, rules necessary to implement this chapter, including rules governing child day care and early learning programs under this chapter. This section does not expand the rule-making authority of the secretary beyond that necessary to implement and administer programs and services existing July 1, 2006, as transferred to the department of early learning under section 501, chapter 265, Laws of 2006. The rule-making authority does not include any authority to set mandatory curriculum or establish what must be taught in child day care centers or by family day care providers. [ 2018 c 58 s 13; 2017 3rd sp.s. c 6 s 204; 2006 c 265 s 108. Formerly RCW 43.215.070.] NOTES: Effective date— RCW 43.216.070 Reports to the governor and legislature. Two years after the implementation of the department's early learning program, and every two years thereafter by July 1st, the department shall submit to the governor and the legislature a report measuring the effectiveness of its programs in improving early childhood education. The first report shall include program objectives and identified valid performance measures for evaluating progress toward achieving the objectives, as well as a plan for commissioning a longitudinal study comparing the kindergarten readiness of children participating in the department's programs with the readiness of other children, using nationally accepted testing and assessment methods. Such comparison shall include, but not be limited to, achievement as children of both groups progress through the K-12 system and identify year-to-year changes in achievement, if any, in later years of elementary, middle school, and high school education. [ 2006 c 265 s 109. Formerly RCW 43.215.080.] RCW 43.216.075 Early learning advisory council—Policy development and implementation—Early achievers review subcommittee. (1) The early learning advisory council is established to advise the department on statewide early learning issues that contribute to the ongoing efforts of building a comprehensive system of quality early learning programs and services for Washington's young children and families. (2) The council shall work in conjunction with the department to: (a) Assist in policy development and implementation that promotes alignment of private and public sector actions, objectives, and resources, with the overall goal of promoting school readiness for all children; (b) Provide recommendations annually to the governor and the legislature, beginning August 31, 2022, regarding the phased implementation of strategies and priorities identified in RCW 43.216.772; (c) Maintain a focus on racial equity and inclusion in order to dismantle systemic racism at its core and contribute to statewide efforts to break the cycle of intergenerational poverty; (d) Maintain a focus on inclusionary practices for children with disabilities; (e) Partner with nonprofit organizations to collect and analyze data and measure progress; and (f) Assist the department in monitoring and ensuring that the investments funded by the fair start for kids account created in RCW 43.216.770 are designed to support the following objectives: (i) Advance racial equity and strengthen families by recognizing and responding to the growing diversity of our state's population; (ii) Promote access to affordable, high quality child care and early learning opportunities for all families, paying particular attention to the needs of rural and other underserved communities; (iii) Promote kindergarten readiness by enhancing child development, including development of social-emotional skills, and eliminating exclusionary admissions practices and disproportionate removals in child care and early learning programs; and (iv) Contribute to efforts to strengthen and grow our state's economy by supporting working parents as well as stabilizing and supporting the child care and early learning workforce. (3) In collaboration with the council, the department shall consult with its advisory groups and other interested stakeholders and shall submit a biennial report to the governor and legislature describing how the investments funded by the fair start for kids act have impacted the policy objectives stated in subsection (2)(f) of this section. The first report under this section is due September 15, 2023. The council shall include diverse, statewide representation from public, nonprofit, and for-profit entities. Its membership shall include critical partners in service delivery and reflect regional, racial, and cultural diversity to adequately represent the interests of all children and families in the state. (4) Councilmembers shall serve two-year terms. However, to stagger the terms of the council, the initial appointments for twelve of the members shall be for one year. Once the initial one-year to two-year terms expire, all subsequent terms shall be for two years, with the terms expiring on June 30th of the applicable year. The terms shall be staggered in such a way that, where possible, the terms of members representing a specific group do not expire simultaneously. (5) The council shall consist of members essential to coordinating services statewide prenatal through age 12, as follows: (a) In addition to being staffed and supported by the department, the governor shall appoint one representative from each of the following: The department of commerce and the department of health; (b) One representative from the student achievement council, to be appointed by the student achievement council; (c) The military spouse liaison created within the department of veterans affairs under RCW 43.60A.245; (d) One representative from the state board for community and technical colleges, to be appointed by the state board for community and technical colleges; (e) One representative from the office of the superintendent of public instruction, to be appointed by the superintendent of public instruction; (f) Two members of the house of representatives, one from each caucus, to be appointed by the speaker of the house of representatives and two members of the senate, one from each caucus, to be appointed by the majority leader in the senate and the minority leader in the senate; (g) Two parents, one of whom serves on the department's parent advisory group, to be appointed by the parent advisory group; (h) One representative of the private-public partnership created in RCW 43.216.065, to be appointed by the partnership board; (i) One representative from the developmental disabilities community representing children and families involved in part C of the federal individuals with disabilities education act and one representative from the developmental disabilities community representing children and families involved in part B of the federal individuals with disabilities education act; (j) Two representatives from early learning regional coalitions; (k) Up to five representatives of underserved communities who have a special expertise or interest in high quality early learning, one to be appointed by each of the following commissions: (i) The Washington state commission on Asian Pacific American affairs established under chapter 43.117 RCW; (ii) The Washington state commission on African American affairs established under chapter 43.113 RCW; (iii) The Washington state commission on Hispanic affairs established under chapter 43.115 RCW; (iv) The Washington state women's commission established under chapter 43.119 RCW; and (v) The Washington state office of equity established under chapter 43.06D RCW; (l) Two representatives designated by sovereign tribal governments, one of whom must be a representative of a tribal early childhood education assistance program or head start program; (m) One representative from the Washington federation of independent schools; (n) One representative from the Washington library association; (o) One representative from a statewide advocacy coalition of organizations that focuses on early learning; (p) One representative from an association representing statewide business interests, to be appointed by the association and one representative from a regional business coalition; (q) One representative of an advocacy organization for immigrants and refugees; (r) One representative of an organization advocating for expanded learning opportunities and school-age child care programs; (s) One representative from the largest union representing child care providers; (t) A representative of a head start, early head start, or migrant and seasonal head start program, to be appointed by the head start collaboration office; (u) A representative of educational service districts, to be appointed by a statewide association of educational service district board members; (v) A provider responsible for programs under section 619 of the federal individuals with disabilities education act, to be appointed by the superintendent of public instruction; (w) A representative of the state agency responsible for part C of the federal individuals with disabilities education act, to be appointed by the department; (x) A representative of the early childhood education and assistance program, to be appointed by an association representing early childhood education and assistance programs; (y) A representative of licensed family home providers, to be appointed by the largest union representing child care providers; (z) A representative of child care centers, to be appointed by an association representing child care centers; (aa) A representative from the home visiting advisory committee established in RCW 43.216.130, to be appointed by the committee; (bb) An infant or early childhood mental health expert, to be appointed by the Barnard center for infant and early childhood mental health at the University of Washington; (cc) A family, friend, and neighbor caregiver, to be appointed by the largest union representing child care providers; (dd) A representative from prenatal to three services; (ee) A pediatrician, to be appointed by the state chapter of the American academy of pediatrics; and (ff) A representative of the statewide child care resource and referral organization, to be appointed by the statewide child care resource and referral organization. (6) The council shall be cochaired by two members, to be elected by the council for two-year terms and not more than one cochair may represent a state agency. (7) At the direction of the cochairs, the council may convene advisory groups, such as a parent caucus, to evaluate specific issues and report related findings and recommendations to the full council. (8) The council shall appoint two members and stakeholders with expertise in early learning to sit on the technical working group created in section 2, chapter 234, Laws of 2010. (9) Each member of the council shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses incurred in carrying out the duties of the council in accordance with RCW 43.03.050 and 43.03.060. (10)(a) The council shall convene an early achievers review subcommittee to provide feedback and guidance on strategies to improve the quality of instruction and environment for early learning and provide input and recommendations on the implementation and refinement of the early achievers program. The subcommittee shall at a minimum provide feedback and guidance to the department and the council on the following: (i) Adequacy of data collection procedures; (ii) Coaching and technical assistance standards; (iii) Progress in reducing barriers to participation for low-income providers and providers from diverse cultural backgrounds, including a review of the early achievers program's rating tools, quality standard areas, and components, and how they are applied; (iv) Strategies in response to data on the effectiveness of early achievers program standards in relation to providers and children from diverse cultural backgrounds; (v) Status of the life circumstance exemption protocols; (vi) Analysis of early achievers program data trends; and (vii) Other relevant early learning data including progress in serving students with disabilities ages birth to five and least restrictive environment data. (b) The subcommittee must include consideration of cultural linguistic responsiveness when analyzing the areas for review required by (a) of this subsection. (c) The subcommittee shall include representatives from child care centers, family child care, the early childhood education and assistance program, contractors for early achievers program technical assistance and coaching, tribal governments, the organization responsible for conducting early achievers program ratings, and parents of children participating in early learning programs, including working connections child care and early childhood education and assistance programs. The subcommittee shall include representatives from diverse cultural and linguistic backgrounds. (11)(a) The council shall convene a temporary licensing subcommittee to provide feedback and recommendations on improvement to the statewide licensing process. (b) Members of the subcommittee must include two representatives of the department, two child care providers, and two parents of children in child care. One child care provider and one parent representative must reside east of the crest of the Cascade mountains and one child care provider and one parent representative must reside west of the crest of the Cascade mountains. (c) The subcommittee shall: (i) Examine strategies to increase the number of licensed child care providers in the state, including meeting with prospective licensees to explain the licensure requirements and inspect and provide feedback on the physical space that is contemplated for licensure; (ii) Develop model policies for licensed child care providers to implement licensing standards including, but not limited to, completing the child care and early learning licensing guidebook, to be made available to support providers with compliance; and (iii) Develop recommendations regarding incentives and financial supports to help prospective providers navigate the licensing process. (d) The subcommittee shall provide feedback and recommendations to the department of children, youth, and families pursuant to this subsection (11) by December 1, 2022. (12) The department shall provide staff support to the council. [ 2021 c 199 s 104; 2020 c 262 s 4; 2017 c 171 s 1; 2015 3rd sp.s. c 7 s 16; 2012 c 229 s 589; 2011 c 177 s 2. Prior: 2010 c 234 s 3; 2010 c 12 s 1; 2007 c 394 s 3. Formerly RCW 43.215.090.] NOTES: Short title— RCW 43.216.080 Integration with other entities. (1) The foundation of quality in the early care and education system in Washington is the quality rating and improvement system entitled the early achievers program. In an effort to build on the existing quality framework, enhance access to quality care for children, and strengthen the entire early care and education systems in the state, it is important to integrate the efforts of state and local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations. (2) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations are encouraged to collaborate with the department when establishing and strengthening early learning programs for residents. (3) Local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations may contribute funds to the department for the following purposes: (a) Initial investments to build capacity and quality in local early care and education programming; (b) Reductions in copayments charged to parents or caregivers; (c) To expand access and eligibility in the early childhood education and assistance program. (4) Funds contributed to the department by local governments, school districts, institutions of higher education as defined in RCW 28B.10.016, and nonprofit organizations must be deposited in the early start account established in RCW 43.216.165. (5) Children enrolled in the early childhood education and assistance program with funds contributed in accordance with subsection (3)(c) of this section are not considered to be eligible children as defined in RCW 43.216.505 and are not considered to be part of the state-funded entitlement required in RCW 43.216.556. [ 2019 c 408 s 10; 2017 c 178 s 2; 2015 3rd sp.s. c 7 s 15. Formerly RCW 43.215.099.] NOTES: Findings— RCW 43.216.085 Early achievers program—Quality rating and improvement system. (1) The department, in collaboration with tribal governments and community and statewide partners, shall implement a quality rating and improvement system, called the early achievers program. The early achievers program provides a foundation of quality for the early care and education system. The early achievers program is applicable to licensed or certified child care centers, family home child care, outdoor nature-based child care, and early learning programs such as working connections child care and early childhood education and assistance programs. (2) The objectives of the early achievers program are to: (a) Improve short-term and long-term educational outcomes for children as measured by assessments including, but not limited to, the Washington kindergarten inventory of developing skills in RCW 28A.655.080; (b) Give parents clear and easily accessible information about the quality of child care and early education programs; (c) Support improvement in early learning and child care programs throughout the state; (d) Increase the readiness of children for school; (e) Close the disparities in access to quality care; (f) Provide professional development and coaching opportunities to early child care and education providers; and (g) Establish a common set of expectations and standards that define, measure, and improve the quality of early learning and child care settings. (3)(a) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, serving nonschool-age children and receiving state subsidy payments, must participate in the early achievers program by the required deadlines established in RCW 43.216.135. (b) Approved early childhood education and assistance program providers receiving state-funded support must participate in the early achievers program by the required deadlines established in RCW 43.216.515. (c) Participation in the early achievers program is voluntary for: (i) Licensed or certified child care centers, family home child care, and outdoor nature-based child care, not receiving state subsidy payments; and (ii) Early learning programs not receiving state funds. (d) School-age child care providers are exempt from participating in the early achievers program. By July 1, 2017, the department and the office of the superintendent of public instruction shall jointly design a plan to incorporate school-age child care providers into the early achievers program or other appropriate quality improvement system. To test implementation of the early achievers system for school-age child care providers the department and the office of the superintendent of public instruction shall implement a pilot program. (4)(a) There are five primary levels in the early achievers program. (b) In addition to the primary levels, the department must establish an intermediate level that is between level 3 and level 4 and serves to assist participants in transitioning to level 4. (c) Participants are expected to actively engage and continually advance within the program. (5) The department has the authority to determine the rating cycle for the early achievers program. The department shall streamline and eliminate duplication between early achievers standards and state child care rules in order to reduce costs associated with the early achievers rating cycle and child care licensing. (a) Early achievers program participants may request to be rated at any time after the completion of all level 2 activities. (b) The department shall provide an early achievers program participant an update on the participant's progress toward completing level 2 activities after the participant has been enrolled in the early achievers program for fifteen months. (c) The first rating is free for early achievers program participants. (d) Each subsequent rating within the established rating cycle is free for early achievers program participants. (6)(a) Early achievers program participants may request to be rerated outside the established rating cycle. A rerating shall reset the rating cycle timeline for participants. (b) The department may charge a fee for optional rerating requests made by program participants that are outside the established rating cycle. (c) Fees charged are based on, but may not exceed, the cost to the department for activities associated with the early achievers program. (7)(a) The department must create a single source of information for parents and caregivers to access details on a provider's early achievers program rating level, licensing history, and other indicators of quality and safety that will help parents and caregivers make informed choices. The licensing history that the department must provide for parents and caregivers pursuant to this subsection shall only include license suspension, surrender, revocation, denial, stayed suspension, or reinstatement. No unfounded child abuse or neglect reports may be provided to parents and caregivers pursuant to this subsection. (b) The department shall publish to the department's website, or offer a link on its website to, the following information: (i) Early achievers program rating levels 1 through 5 for all child care programs that receive state sub