RCW 43.216.395
Child care inspection reports—Internal review process—Definitions—Final review.
(1) The department shall develop an internal review process to determine whether department licensors have appropriately and consistently applied agency rules in inspection reports that do not involve a violation of health and safety standards. Adverse licensing decisions including license denial, suspension, revocation, modification, or nonrenewal pursuant to RCW 43.216.325 or imposition of civil fines pursuant to RCW 43.216.335 are not subject to the internal review process in this section, but may be appealed using the administrative procedure act, chapter 34.05 RCW.
(2) The definitions in this subsection apply throughout this section.
(a) "Child care facility licensing compliance agreement" means an agreement issued by the department in lieu of the department taking enforcement action against a child care provider that contains: (i) A description of the violation and the rule or law that was violated; (ii) a statement from the licensee regarding the proposed plan to comply with the rule or law; (iii) the date the violation must be corrected; (iv) information regarding other licensing action that may be imposed if compliance does not occur by the required date; and (v) the signature of the licensor and licensee or the licensee's delegate.
(b) "Health and safety standards" means rules or requirements developed by the department to protect the health and safety of children against risk of bodily, mental, or psychological injury, harm, illness, or death.
(3) The internal review process shall be conducted by the following six individuals:
(a) Three department employees who may include child care licensors; and
(b) Three child care providers selected by the department from names submitted by the oversight board for children, youth, and families established in RCW 43.216.015.
(4) The internal review process established in this section may overturn, change, or uphold a department licensing decision by majority vote. In the event that the six individuals conducting the internal review process are equally divided, the secretary or the secretary's designee shall make the decision of the internal review process. The internal review process must provide the parties with a written decision of the outcome after completion of the internal review process. A licensee must request a review under the internal review process within ten days of the development of an inspection report and the internal review process must be completed within sixty days after the request from the licensee to initiate the internal review process is received.
(5) A licensee may request a final review by the oversight board for children, youth, and families after completing the internal review process established in this section by giving notice to the department and the oversight board for children, youth, and families within ten days of receiving the written decision produced by the internal review process.
[ 2021 c 304 § 18; 2017 3rd sp.s. c 6 § 114.]
NOTES:
Effective date—2017 3rd sp.s. c 6 §§ 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.216 - Department of Children, Youth, and Families.
43.216.020 - Department duties.
43.216.022 - Annual quality assurance report.
43.216.025 - Secretary—Appointment—Salary.
43.216.030 - Secretary's authority.
43.216.035 - Office of innovation, alignment, and accountability—Duties and focus.
43.216.040 - Family services and programs—Administration.
43.216.045 - Advisory committees or councils—Travel expenses.
43.216.055 - Federal and state cooperation—Rules—Construction.
43.216.060 - Policies to support children of incarcerated parents.
43.216.065 - Private-public partnership—Secretary's duties.
43.216.070 - Reports to the governor and legislature.
43.216.080 - Integration with other entities.
43.216.085 - Early achievers program—Quality rating and improvement system.
43.216.090 - Early achievers program—Mental health consultants.
43.216.091 - Early achievers program—Administrative policies—Rating and rerating.
43.216.092 - Early achievers program—Administrative policies—Various.
43.216.105 - Native language development and retention—Dual language learning—Rules.
43.216.115 - Partnership responsibilities—Department's duties—Partnership's duties.
43.216.130 - Home visiting services account—Purpose—Administration—Funding.
43.216.135 - Child care providers—Subsidy requirements—Tiered reimbursements—Copayments.
43.216.136 - Working connections child care program—Eligibility.
43.216.1368 - Working connections child care program—Eligibility—Copayments.
43.216.137 - Working connections child care program—Unemployment compensation.
43.216.139 - Working connections child care program—Notification of change in providers.
43.216.143 - Working connections child care program—Contracted child care slots and vouchers.
43.216.145 - Working connections child care—Eligibility of high school students.
43.216.155 - Home visitation programs—Findings—Intent.
43.216.157 - Home visitation programs—Definitions.
43.216.165 - Early start account.
43.216.170 - Applicants for positions with the department—Investigation and background checks.
43.216.190 - Assistance with submission of Washington state identicard application materials.
43.216.195 - Child care centers—Negotiated rule making.
43.216.200 - Imagination library of Washington program.
43.216.205 - Youth and young adults exiting publicly funded system of care—Rapid response team.
43.216.250 - Secretary's licensing duties.
43.216.255 - Licensing standards.
43.216.260 - Minimum requirements for licensure.
43.216.265 - Fire protection—Powers and duties of chief of the Washington state patrol.
43.216.271 - Background check clearance registry—Background application form.
43.216.273 - Individual-based/portable background check clearance account.
43.216.285 - Articles of incorporation.
43.216.290 - Access to agencies—Records inspection.
43.216.295 - License required.
43.216.305 - License application—Nonexpiring licenses—Issuance, renewal, transfer, duration.
43.216.315 - Initial licenses.
43.216.320 - Probationary licenses.
43.216.335 - Civil fines—Notice—Adjudicative proceeding.
43.216.345 - Adjudicative proceedings—Training for administrative law judges.
43.216.350 - License or certificate suspension—Noncompliance with support order—Reissuance.
43.216.355 - Actions against agencies.
43.216.360 - Unlicensed providers—Notification to agency—Penalty—Posting on website.
43.216.365 - Operating without a license—Penalty.
43.216.370 - Negotiated rule making.
43.216.380 - Minimum licensing requirements—Window blind pull cords.
43.216.390 - Reporting resignation or termination of individual working in child care agency.
43.216.395 - Child care inspection reports—Internal review process—Definitions—Final review.
43.216.5052 - Definition of "Indian"—Rule making.
43.216.510 - Admission and funding.
43.216.512 - Expanded enrollment—Risk factors—Participation in other programs.
43.216.513 - Early entry—Participation in other programs.
43.216.514 - Enrollment priority.
43.216.520 - Advisory committee.
43.216.530 - Review of applications.
43.216.540 - State support—Priorities—Program funding levels.
43.216.545 - Reimbursement of advisory committee expenses.
43.216.550 - Authority to solicit gifts, grants, and support.
43.216.556 - Early learning program—Funding and statewide implementation.
43.216.559 - Early learning program—Short title—2010 c 231.
43.216.565 - Findings—Intent—Early start program.
43.216.567 - Early therapeutic and preventative services and programs.
43.216.570 - Early intervention services—Findings.
43.216.576 - Early intervention services—Interagency agreements.
43.216.577 - Prenatal to three family engagement strategy.
43.216.578 - Birth to three early childhood education and assistance program—Pilot project—Reports.
43.216.579 - Infant child care incentives.
43.216.580 - Early intervention services—Funding.
43.216.587 - Complex needs funds.
43.216.590 - Trauma-informed care supports.
43.216.592 - Dual language designation—Rate enhancement.
43.216.595 - Early childhood equity grants.
43.216.597 - Play and learn groups—Resources and supports.
43.216.600 - Professional development supports.
43.216.602 - Child care deserts grant program.
43.216.650 - Child fatality reviews.
43.216.655 - Data collection and program evaluation—Reports.
43.216.660 - Child care services—Declaration of policy.
43.216.665 - Child care workers—Findings—Intent.
43.216.670 - Child care provider rules review.
43.216.675 - Child care workers—Career and wage ladder.
43.216.680 - Child care workers—Career and wage ladder—Wage increases.
43.216.685 - Child care—Toll-free information number.
43.216.687 - Child care—Required postings—Disclosure of complaints.
43.216.689 - Child care—Public access to reports and enforcement action notices.
43.216.690 - Child day care centers and outdoor nature-based child care providers—Immunization.
43.216.692 - Family home providers—Capacity flexibility.
43.216.695 - County regulation of family day-care centers—Twelve-month pilot projects.
43.216.700 - Day care insurance.
43.216.705 - Child care providers—Tiered-reimbursement system—Pilot sites.
43.216.710 - Child care services.
43.216.715 - Child care partnership employer liaison.
43.216.720 - Child care expansion grant fund.
43.216.725 - Subsidized child care report and assessment.
43.216.730 - Child care subsidy fraud—Referral—Collection of overpayments.
43.216.735 - Placement of children ages sixty months through six years.
43.216.742 - Outdoor nature-based child care program.
43.216.745 - Child care consultation program—Creation, operation, and duties.
43.216.749 - Child care subsidy rates—Use of cost model.
43.216.755 - Child care providers—Community-based training pathway.
43.216.760 - Child care and early learning providers—Firearms, dangerous weapons.
43.216.762 - Child care and early learning providers—Firearms, dangerous weapons—Rules.
43.216.770 - Fair start for kids account.
43.216.772 - Fair start for kids account—Spending goals and strategies.
43.216.775 - Inflationary adjustments to rates.
43.216.900 - Early childhood education and assistance program—Short title—1985 c 418.
43.216.901 - Contingency—Effective date—1985 c 418.
43.216.902 - Effective date—2006 c 265.
43.216.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
43.216.904 - Short title—2015 3rd sp.s. c 7.
43.216.905 - Transfer of powers, duties, and functions of the department of early learning.
43.216.906 - Transfer of child welfare provisions from the department of social and health services.
43.216.908 - Conflict with federal requirements—2017 3rd sp.s. c 6.