43.215.535 - Day care insurance.

Day care insurance.

(1) Every licensed child day care center shall, at the time of licensure or renewal and at any inspection, provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or is self-insured pursuant to chapter 48.90 RCW.

     (a) Every licensed child day care center shall comply with the following requirements:

     (i) Notify the department when coverage has been terminated;

     (ii) Post at the day care center, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;

     (iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.

     (b) Liability limits under this subsection shall be the same as set forth in RCW 48.88.050.

     (c) The department may take action as provided in RCW 43.215.300 if the licensee fails to maintain in full force and effect the insurance required by this subsection.

     (d) This subsection applies to child day care centers holding licenses, initial licenses, and probationary licenses under this chapter.

     (e) A child day care center holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.

     (2)(a) Every licensed family day care provider shall, at the time of licensure or renewal either:

     (i) Provide to the department proof that the licensee has day care insurance as defined in RCW 48.88.020, or other applicable insurance; or

     (ii) Provide written notice of their insurance status on a standard form developed by the department to parents with a child enrolled in family day care and keep a copy of the notice to each parent on file. Family day care providers may choose to opt out of the requirement to have day care or other applicable insurance but must provide written notice of their insurance status to parents with a child enrolled and shall not be subject to the requirements of (b) or (c) of this subsection.

     (b) Any licensed family day care provider that provides to the department proof that the licensee has insurance as provided under (a)(i) of this subsection shall comply with the following requirements:

     (i) Notify the department when coverage has been terminated;

     (ii) Post at the day care home, in a manner likely to be observed by patrons, notice that coverage has lapsed or been terminated;

     (iii) Provide written notice to parents that coverage has lapsed or terminated within thirty days of lapse or termination.

     (c) Liability limits under (a)(i) of this subsection shall be the same as set forth in RCW 48.88.050.

     (d) The department may take action as provided in RCW 43.215.300 if the licensee fails to comply with the requirements of this subsection.

     (e) A family day care provider holding a license under this chapter on July 24, 2005, is not required to be in compliance with this subsection until the time of renewal of the license or until January 1, 2006, whichever is sooner.

     (3) Noncompliance or compliance with the provisions of this section shall not constitute evidence of liability or nonliability in any injury litigation.

[2007 c 415 § 10; 2005 c 473 § 7. Formerly RCW 74.15.340.]

Notes: Captions not law -- 2007 c 415: See note following RCW 43.215.005.

Purpose -- 2005 c 473: See note following RCW 74.15.300.