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Washington Day Care Insurance: Family Home vs Child Care Center

Written and reviewed for insurance accuracy by Richard Sweet. Published August 10, 2026. How we review this

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Washington's day care insurance law splits along the licence type. A licensed child day care center, and a licensed outdoor nature-based provider, must give the department proof of coverage at licensure, at renewal and at any inspection, with no alternative, and the $100,000 per occurrence limit applies unconditionally. A licensed family day care provider proves at licensure or renewal only, may give parents a written notice instead of proof, and picks up the $100,000 only if she chose the proof route. Same statute, two subsections, two different legal positions.

Almost everything written about Washington child care insurance treats it as one rule with one number. It is not. RCW 43.216.700 does two different things in two subsections, and if you read only the summaries you will get both of them wrong in the same direction: too strict for family homes, too vague for centers.

This article takes the section apart. It matters if you run either kind of program, and it matters most if you are moving from one to the other.

The mechanism: two subsections, and the four words that separate them

Start with subsection (1), which is the center rule.

“Every licensed child day care center and outdoor nature-based child care provider 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.”

Three obligations sit in that sentence. Proof, not a notice. Three trigger points, including any inspection. And a named alternative that is not “nothing,” it is self-insurance under a different chapter.

Now subsection (2)(a), the family home rule.

“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…”

Two trigger points, not three. An either/or rather than a requirement. And the legislature saying out loud that opting out is permitted.

Then the limits. Both subsections point at the same figure and reach it differently:

  • Centers, (1)(b): “Liability limits under this subsection shall be the same as set forth in RCW 48.88.050.”
  • Family homes, (2)(c): “Liability limits under (a)(i) of this subsection shall be the same as set forth in RCW 48.88.050.”

That difference is the whole article. A center’s limit hangs off the subsection, so it applies to every center. A family home’s limit hangs off the election, so it applies only to a provider who chose to insure. The structure is confirmed by (2)(b), which likewise opens by describing “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.”

The figure itself is RCW 48.88.050: the joint underwriting association must offer a policy “with liability limits of at least one hundred thousand dollars per occurrence.” Enacted in 1986. Never amended. No aggregate stated anywhere in the chapter.

Licensed child day care centerLicensed family day care provider
Insurance required?Yes, or self-insured under chapter 48.90 RCWNo. Proof or written notice, provider’s choice
Proof at licensureYesYes, if the proof route is elected
Proof at renewalYesYes, if the proof route is elected
Proof at any inspectionYesNo. The phrase appears only in subsection (1)
$100,000 per occurrenceApplies unconditionallyApplies only where (a)(i) was elected
Outdoor nature-based providersTreated as centers under (1)Not applicable

The circumstance that changes the answer

You move from a family home licence to a center licence. This is the one that catches people. Every element flips at once: the opt-out disappears, the inspection trigger arrives, and the limit becomes unconditional. If you were operating on the notice route, there is nothing to convert.

You are an outdoor nature-based provider. You are on the center side of the statute. RCW 43.216.700(1) names outdoor nature-based providers alongside centers, so the mandatory proof and the unconditional limit both apply. The licence category itself comes from RCW 43.216.742 and its rules sit in WAC 110-302, and Washington is the only Northwest state that has it.

Your coverage terminates mid-term. Termination is reportable within 30 calendar days under WAC 110-300-0425(10), filed April 14, 2026 and effective May 15, 2026. Read closely, that is a duty to tell the department, attached to whatever coverage you had. For a center, losing coverage also means failing the next inspection, because the proof requirement is live at every inspection. For a family home on the notice route there is nothing to terminate.

You are self-insured. The statute contemplates it for centers, under chapter 48.90 RCW. We haven’t read that chapter and aren’t going to describe its qualification standard from memory, so if you are considering it, read it or ask someone who has.

What this looks like in practice

Two licensed providers on the same street in Spokane. One has a family home licence for eight children. The other converted to a center two years ago.

At the annual licensing visit the center is asked for evidence of coverage, because subsection (1) makes that a live requirement at any inspection, and the coverage has to carry at least the RCW 48.88.050 limit. The family home provider isn’t asked, because subsection (2)(a) attaches proof to licensure and renewal only. If she took the notice route, what she has on file is a signed form telling each family she carries none, and that is a complete answer under Washington law.

Neither of them is doing anything wrong. They are in different subsections. The reason this scenario is worth spelling out is that they will tell each other what the rules are, and one of them will be describing a rule that doesn’t apply to the other.

What to do about it

If you run a center. Treat proof of coverage as an inspection-ready document, not a renewal task. Keep the certificate where you keep the licence. Confirm the limit meets the statutory figure, and then ask the separate question of whether the statutory figure is enough for your program, because it was set in 1986 and has not moved.

If you run a family home. Decide the route deliberately rather than by default. The notice route is lawful and the statute says it cannot be used as evidence of liability. It also means every allegation is funded out of your own pocket. If you take the proof route, the $100,000 is a floor from four decades ago, not a target.

If you are converting. Sort the insurance before the licence, not after. A center licence with no coverage in place is a compliance problem on the first inspection.

Either way, read what the coverage actually is. Washington’s statutory definition of “day care insurance” is narrower than the phrase suggests, and it is worth understanding before you decide that meeting the statute settles the question. That is what Washington means by day care insurance.

Where to go next

The state-level picture for home providers is on the Washington family child care insurance page. The coverage program behind all of it is on the family child care pillar, and the two triggers a policy has to answer are on the liability insurance page.

Two questions sit next to this one and neither is settled by the statute. Whether the coverage belongs on your home policy or on a separate business policy is on the endorsement versus commercial policy page, and driving children is a separate policy in every state, covered on transporting children in your care.

For the neighbouring states, Oregon requires nothing of either kind of program and Idaho does not license a home below seven children. Both sit under the child care hub.

Sources

Next review of the Washington statutory facts in this article: August 2027, or sooner if the legislature amends RCW 48.88.050 for the first time since 1986.

Richard Sweet, owner of Vantage Point Risk and an independent insurance advisor. Last reviewed August 10, 2026. How we review this.

What many people don't realize

The part that catches owners off guard

  • This article reads one statute closely: RCW 43.216.700. Every quotation was taken from the Washington State Legislature's own published text, not from a summary.
  • The most common error in circulation is that $100,000 is the Washington floor for family home child care. It is not, unqualified. Subsection (2)(c) attaches the limit to "(a)(i) of this subsection," which is the proof-of-insurance election.
  • The second most common error is carrying "and at any inspection" across to family homes. That phrase appears only in subsection (1), which covers centers and outdoor nature-based providers.
  • We don't publish premium figures. The $100,000 discussed here is a statutory liability limit, not a price.
  • Vantage Point Risk is an independent agency. Nothing here is a quote, and none of it guarantees coverage, placement or eligibility.
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When to review

It may be time for a coverage review if:

  • You run a licensed Washington child care center and have never been asked for proof at an inspection
  • You are a licensed Washington family home provider deciding between the two routes
  • You were told $100,000 is the legal minimum for your home program
  • You are moving from a family home licence to a center licence
  • Your coverage lapsed or is about to
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Frequently asked

Frequently asked

Does a Washington child care center have to carry liability insurance?
Yes, with no alternative. In Washington, RCW 43.216.700(1) requires every licensed child day care center and outdoor nature-based child care provider to give the department proof of day care insurance, or proof of self-insurance under chapter 48.90 RCW, at the time of licensure or renewal and at any inspection. There is no notice option and no opt-out anywhere in that subsection. Subsection (1)(b) then applies the RCW 48.88.050 limits to the whole subsection, so the $100,000 per occurrence figure binds a center unconditionally.
Can a Washington family home child care provider opt out of insurance?
Yes. In Washington, RCW 43.216.700(2)(a) gives her a choice at licensure or renewal: proof of day care insurance or other applicable insurance, or written notice of her insurance status to enrolled families on a department form, with a signed copy kept on file. The statute says expressly that family day care providers may choose to opt out of the requirement to have day care or other applicable insurance. The notice duty remains; the coverage duty does not.
Why does the $100,000 not apply to every Washington family child care provider?
Because of four words. Washington's RCW 43.216.700(2)(c) reads that liability limits "under (a)(i) of this subsection" shall be the same as those in RCW 48.88.050, and (a)(i) is the proof-of-insurance route. A provider who took the written-notice route under (a)(ii) has no statutory coverage duty, so there is no statutory limit to attach to. The parallel provision for centers at (1)(b) says "under this subsection," which is why a center's position is unconditional.
Does an outdoor nature-based child care provider follow the center rules or the family home rules?
The center rules. RCW 43.216.700(1) names licensed child day care centers and outdoor nature-based child care providers together, so an outdoor nature-based provider carries the same mandatory proof requirement, the same inspection trigger and the same unconditional limit. Washington is the only one of the three Northwest states with this licence category at all; it was authorised by RCW 43.216.742 and its rules sit in WAC 110-302.
Does opting out count against me if a parent sues?
Washington's statute says it doesn't. RCW 43.216.700(3) reads that noncompliance or compliance with the section shall not constitute evidence of liability or nonliability in any injury litigation. That is a rule about what can be used as evidence of fault. It has nothing to do with whether there is money available to defend or resolve the claim, which is the actual reason to carry coverage.
RS
Written and reviewed by

Richard Sweet

Founder and Principal Advisor, Vantage Point Risk

Richard Sweet runs Vantage Point Risk, an independent insurance and risk advisory for property owners, real estate investors, business owners, and families. He works with investors every week on the coverage decisions that decide how a claim actually turns out, and writes the Learning Center to put those decisions in plain language.

Written and reviewed for insurance accuracy by Richard Sweet. Published August 10, 2026. See our editorial process. Spot an error? Email support@vantagepointrisk.com.

Richard also writes The Vantage Point, notes on building a better business.

This article is general information about Washington child care licensing and insurance requirements, not insurance, legal, or tax advice. Coverage depends on your policy terms, endorsements, carrier underwriting, and the state you are in. For guidance on your specific situation, talk with a licensed advisor.

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