The 2026 Legislature made some changes to child care licensing rules under HB 2317 and 2219. These changes give providers more flexibility while still protecting children’s health and safety.
The following changes go into effect on June 11, 2026.
Licensing Exemptions for Certain Programs
ECEAP and Head Start programs do not require a DCYF child care license when located in:
- A public school building or on the property
- A community or technical college building or on the property
Please note:
- This exemption only applies to school‑day programs (6 hours or more per day).
- Programs that accept child care subsidy must remain licensed.
- Providers may choose to stay licensed even if they qualify for the exemption.
- Licenses will not be closed automatically.
- If a provider wants to discontinue their license, they must notify DCYF.
- Requests to discontinue a license can begin on June 11, 2026.
Health and Safety – Drug‑Related Risks
The law creates a zero‑tolerance rule for “imminent physical harm.” Licensed child care spaces must be completely free of:
- High‑potency synthetic opioids
- Drug manufacturing equipment
- Drug paraphernalia
DCYF must immediately suspend a license if the provider is found uncompliant.
Mixed‑Age Grouping Flexibility
Providers must follow the ratio and group size rules for the youngest child in a group; however, centers may use mixed‑age groupings:
- Up to 2.5 hours per day during normal operations; or
- Up to 4 hours per day if at least 90 minutes of that time is used for staff meal and rest breaks.
This gives centers more flexibility in scheduling and staffing.
Preservice Orientation Waiver
DCYF must waive the preservice orientation requirement if:
- The person completed orientation within the last five years;
- The orientation content and licensing rules have not changed significantly; and
- The person stays continuously employed or licensed in a child care program without any gaps in time.
MERIT is working on solutions for tracking orientation requirements.
Next Steps
WA Compass and inspection checklists will be updated to reflect these changes during summer 2026. Implementation updates will be communicated on an ongoing basis.
