Revised Code of Washington
Chapter 43.216 - Department of Children, Youth, and Families.
43.216.770 - Fair start for kids account.

RCW 43.216.770
Fair start for kids account.

(1) The fair start for kids account is created in the state treasury. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used only for child care and early learning purposes.

[ 2021 c 199 § 101.]
NOTES:

Short title—2021 c 199: "This act may be known and cited as the fair start for kids act." [ 2021 c 199 § 1.]


Findings—Intent—2021 c 199: "(1) The legislature finds that high quality child care and early learning is critical to a child's success in school and life. The legislature recognizes that COVID-19 has devastated the existing child care industry, making it unduly burdensome for families to find care. The legislature recognizes that without immediate action to support child care providers, and without expanded access to affordable child care, especially infant and school-age care, parents will not be able to return to work while children lose valuable learning opportunities. In order to bolster a full economic recovery, the legislature finds that every child deserves a fair start.
(2) The legislature finds that access to affordable child care increases economic growth and labor force participation. The legislature further finds that an affordable, accessible system of high quality child care is necessary to the health of Washington's economy because employers benefit when parents have safe, stable, and appropriate care for their children. The legislature recognizes that too many working parents are forced to reduce their hours, decline promotional opportunities, or leave the workforce completely due to a lack of affordable and appropriate child care. The legislature finds that a report commissioned by the department of commerce in 2019 found that working parents in Washington forego $14,000,000,000 each year directly due to child care scarcity. The legislature recognizes that this disproportionally impacts women in the workforce and that in September 2020 alone, 78,000 men left the workforce, compared to 600,000 women.
(3) The legislature recognizes that quality child care can be a stabilizing factor for children experiencing homelessness, and is a proven protective factor against the impacts of trauma they may experience. Access to child care is also a necessary support for families with young children in resolving homelessness and securing employment.
(4) The legislature finds that the scarcity of child care, exacerbated by COVID-19, most significantly impacts families furthest from opportunity. The legislature recognizes that there are additional barriers to accessing this foundational support for immigrant communities and families whose first language is not English, families who have children with disabilities, rural communities, or other child care deserts. The legislature recognizes that high quality, inclusive child care and early learning programs have been shown to reduce the opportunity gap for low-income children and black, indigenous, and children of color while consistently improving outcomes for all children both inside and outside of the classroom.
(5) The legislature finds that without access to comprehensive, high quality prenatal to five services, children often enter kindergarten without the social-emotional, physical, cognitive, and language skills they need to be successful and fall behind their peers, facing compounding developmental challenges throughout their K-12 education. The legislature finds that cascading impacts of inaccessible child care and early learning programs create systemic barriers for children and their families that result in higher special education needs, greater likelihood of needing to repeat grades, increased child welfare and juvenile justice involvement, reduced high school graduation rates, limited postsecondary education attainment, and greater barriers to employment in adulthood.
(6) The legislature finds the vast majority of child care providers are small businesses and nonprofit organizations. In addition to adhering to federal, state, and local regulations to ensure healthy and safe environments for children, the legislature recognizes that child care providers must ensure their employees are adequately compensated and supported. However, the legislature acknowledges that the reduced staffing ratios for health and safety, additional cost of personal protective equipment and extra cleaning supplies, increased use of substitutes needed during COVID-19-related absences, and increased technology demands during school closures from the pandemic are further straining the viability of the child care business model in Washington state.
(7) The legislature finds that the health and stability of the early learning workforce is pivotal to any expansion of child care in Washington state. The legislature recognizes that the child care workforce, predominantly comprised of women of color, is structurally afflicted by low wages, limited or no health care, and a severe lack of retirement benefits. The legislature further recognizes that the threat of COVID-19 compounds these underlying issues, forcing providers to navigate increased stress, anxiety, and behavioral issues all while risking their lives to care for children. The legislature recognizes that families, friends, and neighbors who provide care are a critical component of the child care system. The legislature finds that child care workers are essential and deserve to be compensated and benefited accordingly.
(8) Therefore, the legislature resolves to respond to the COVID-19 crisis by first stabilizing the child care industry and then expanding access to a comprehensive continuum of high quality early childhood development programs, including infant and school-age child care, preschool, parent and family supports, and prenatal to three services. The legislature recognizes this continuum as critical to meeting different families' needs and offering every child in Washington access to a fair start.
(9) The legislature recognizes that the federal government has provided substantial additional funding through the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M., and the American rescue plan act of 2021. The purpose of the additional federal funding is to ensure access to affordable child care and stabilize and support child care providers affected by COVID-19. Therefore, it is the intent of the legislature to use the additional federal funding to supplement state funding in order to accelerate these investments.
(10) The legislature recognizes the strengths that multilingual, diverse early learning providers and caregivers contribute to early learning across the state. Therefore, the legislature intends to expand language access services to create an inclusive early learning system that specifically supports underserved providers.
(11) The legislature intends to expand eligibility for existing child care and preschool programs to increase access. The legislature recognizes that expansion must be accompanied by an investment to make child care more affordable. Therefore, the legislature intends to eliminate copayments for low-income families and limit copayments for any family on subsidy to no more than seven percent of their income.
(12) The legislature further intends to stabilize, support, and grow the diverse early learning workforce by funding living wages and affordable health benefits while providing training, infant and early childhood mental health consultation, shared business services, and a variety of other supports that recognize the critical role that early learning providers serve for all Washington children.
(13) The legislature intends to accelerate Washington's economic recovery from the devastating impacts of COVID-19 by dramatically expanding access to affordable, high quality child care and preschool, in order to get parents back to work and provide every child with a fair start." [ 2021 c 199 § 2.]


Conflict with federal requirements—2021 c 199: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2021 c 199 § 603.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.216 - Department of Children, Youth, and Families.

43.216.005 - Findings.

43.216.010 - Definitions.

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.

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.

43.216.050 - Evaluation and research materials and data on private nonprofit group homes—Availability.

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.

43.216.075 - Early learning advisory council—Policy development and implementation—Early achievers review subcommittee.

43.216.080 - Integration with other entities.

43.216.085 - Early achievers program—Quality rating and improvement system.

43.216.087 - Early achievers program—Participation of culturally diverse and low-income center, family home, and outdoor nature-based child care providers.

43.216.089 - Early achievers program—Final report—Mitigation plan for areas not achieving required rating levels—Data availability—Reports.

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.

43.216.100 - Community information and involvement plan—Informing home-based, tribal, and family early learning providers of early achievers program.

43.216.105 - Native language development and retention—Dual language learning—Rules.

43.216.110 - Core competencies for early care and education professionals and child and youth development professionals—Adoption and implementation—Updating.

43.216.115 - Partnership responsibilities—Department's duties—Partnership's duties.

43.216.120 - Reduction of barriers for using local or private funds for early learning opportunities.

43.216.125 - Parental notification of report alleging sexual misconduct or abuse—Notice of parental rights.

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.

43.216.141 - Working connections child care program—Standards and guidelines—Duties of the department.

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.

43.216.152 - Definitions.

43.216.155 - Home visitation programs—Findings—Intent.

43.216.157 - Home visitation programs—Definitions.

43.216.159 - Home visitation programs—Funding—Home visitation services coordination or consolidation plan.

43.216.165 - Early start account.

43.216.170 - Applicants for positions with the department—Investigation and background checks.

43.216.180 - Education of students in the custody of juvenile rehabilitation facilities—Duties—Creation of a comprehensive plan.

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.

43.216.270 - Character, suitability, and competence to provide child care and early learning services—Fingerprint criminal history record checks—Background check clearance card or certificate—Shared background checks.

43.216.271 - Background check clearance registry—Background application form.

43.216.272 - Fee for developing and administering individual-based/portable background check clearance registry.

43.216.273 - Individual-based/portable background check clearance account.

43.216.280 - Licensed day care centers and outdoor nature-based child care providers—Notice of pesticide use.

43.216.285 - Articles of incorporation.

43.216.290 - Access to agencies—Records inspection.

43.216.295 - License required.

43.216.300 - License fees.

43.216.305 - License application—Nonexpiring licenses—Issuance, renewal, transfer, duration.

43.216.310 - License renewal.

43.216.315 - Initial licenses.

43.216.320 - Probationary licenses.

43.216.325 - Licenses—Denial, suspension, revocation, modification, nonrenewal—Proceedings—Penalties.

43.216.327 - Licenses—Denial, revocation, suspension, or modification—Notice—Effective date of action—Adjudicative proceeding.

43.216.335 - Civil fines—Notice—Adjudicative proceeding.

43.216.340 - Licensure pending compliance with state building code, chapter 19.27 RCW—Consultation with local officials.

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.

43.216.375 - Negotiated rule making—Statewide unit of family child care licensees—Antitrust immunity, intent.

43.216.380 - Minimum licensing requirements—Window blind pull cords.

43.216.385 - Reporting—Actions against agency licensees—Agencies notified of licensing requirement—Posting on website.

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.

43.216.500 - Intent.

43.216.505 - Definitions.

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.

43.216.515 - Eligible providers—State-funded support—Requirements—Data collection—Pathways to early childhood education and assistance program.

43.216.520 - Advisory committee.

43.216.525 - Rules.

43.216.530 - Review of applications.

43.216.535 - Reports.

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.

43.216.555 - Early learning program—Voluntary preschool opportunities—Program standards—Prioritizing programs—Rules.

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.

43.216.572 - Early intervention services—Infants and toddlers with disabilities—Interagency coordinating council—Conditions and limitations.

43.216.574 - Early intervention services—Infants and toddlers with disabilities—Interagency coordinating council—Coordination with counties and communities.

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.

43.216.585 - Program rates.

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.

43.216.750 - Child welfare workers—Department duties—Technical work group to develop workload model—Annual report to legislature.

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.

43.216.907 - Transfer of juvenile justice services provisions from the department of social and health services.

43.216.908 - Conflict with federal requirements—2017 3rd sp.s. c 6.

43.216.909 - Transfer of working connections child care and seasonal child care programs from the department of social and health services.

43.216.910 - Savings clause—2021 c 199.