(1) Notwithstanding RCW 74.15.030, counties with a population of three thousand or less
may adopt and enforce ordinances and regulations as provided in
this section for family day-care providers as defined in *RCW 74.15.020(1)(f) as a twelve-month pilot project. Before a county
may regulate family day-care providers in accordance with this
section, it shall adopt ordinances and regulations that address,
at a minimum, the following: (a) The size, safety, cleanliness,
and general adequacy of the premises; (b) the plan of operation;
(c) the character, suitability, and competence of a family
day-care provider and other persons associated with a family
day-care provider directly responsible for the care of children
served; (d) the number of qualified persons required to render
care; (e) the provision of necessary care, including food,
clothing, supervision, and discipline; (f) the physical, mental,
and social well-being of children served; (g) educational and
recreational opportunities for children served; and (h) the
maintenance of records pertaining to children served.
(2) The county shall notify the department of social and
health services in writing sixty days prior to adoption of the
family day-care regulations required pursuant to this section.
The transfer of jurisdiction shall occur when the county has
notified the department in writing of the effective date of the
regulations, and shall be limited to a period of twelve months
from the effective date of the regulations. Regulation by
counties of family day-care 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 under chapter 74.15 RCW for
the twelve-month pilot period. Upon request, the department
shall provide technical assistance to any county that is in the
process of adopting the regulations required by this section, and
after the regulations become effective.
(3) Any county regulating family day-care providers pursuant
to this section shall report to the governor and the appropriate
committees of the legislature concerning the outcome of the pilot
project upon expiration of the twelve-month pilot period. The
report shall include the ordinances and regulations adopted
pursuant to subsection (1) of this section and a description of
how those ordinances and regulations address the specific areas
of regulation identified in subsection (1) of this section.
[2005 c 509 § 1.]
NOTES:
*Reviser's note: Chapter 265, Laws of 2006, deleted the definition of "family day-care provider" in RCW 74.15.020 and created it in RCW 43.215.010.
Effective date -- 2005 c 509: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 2005]." [2005 c 509 § 2.]