09/19/2026
Today, the Thurston County Superior Court ruled from the bench in favor of our clients in their challenge to Washington's sixteen-child cap on family home child care.
The Court found that WAC 110-300-0358 is VOID, unenforceable, and the prior version is restored. A written order will follow.
Stratagem Law Group Managing Attorney Matthew T. Macklin briefed and argued the case for the providers.
The Court found that the Department of Children, Youth & Families adopted the rule without complying with the Administrative Procedure Act's rulemaking requirements, including the obligation to hold a genuine public hearing and to keep a complete rulemaking file.
Rulemaking procedure is not a formality. When an agency writes a rule that carries the force of law, the people it binds are entitled to notice, a real opportunity to be heard, and a record showing the agency actually considered what it heard. Our clients asked only that this process be followed before authority they had held for years was taken from them. Today the Court agreed.
This is a win for families as much as for providers. Our clients are licensed providers who were approved, home by home, after review of their space and their staffing, to care for more than sixteen children. Family home child care is where many Washington families find care that fits their lives: evenings, overnight shifts, weekends, and the hours that center-based programs do not cover. Parents choose these homes because they know them and trust them. Today's ruling keeps those doors open.
Congratulations to our clients, who were willing to stand up on behalf of the families they serve.
Every case is different; prior results do not guarantee a similar outcome.
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