WSR 02-08-032

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 27, 2002, 3:40 p.m. , effective April 1, 2002. ]

Date of Adoption: March 27, 2002.

Purpose: The income eligibility level for subsidized child care, the working connections child care (WCCC) program, is being reduced. The change is being made as a part of the overall budget reductions in the state. The sections of chapter 388-290 WAC that are being revised are WAC 388-290-0010, 388-290-0075, and 388-290-0085. In these sections eligibility levels are based on the clients income as a percentage of the federal poverty level (FPL). The FPL percentage is being lowered and the copayment levels and calculations have also been changed.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-0010, 388-290-0075, and 388-290-0085.

Statutory Authority for Adoption: RCW 74.04.050, 74.13.085.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This filing is necessary to maintain the health and welfare of DSHS clients. The state is currently experiencing one of the largest budget shortfalls in its history. As a result program dollars must be distributed as efficiently as possible. To achieve this the department is lowering the income eligibility level for the subsidized child care program. The client copayments for WCCC will also be increased by $5 at all levels. Both of these actions will assure that we will not run out of funds for those that need the most help with their child care.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Effective Date of Rule: April 1, 2002.

March 26, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3048.2
AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0010   What makes me eligible for WCCC benefits?   For the purposes of this chapter "we" and "us" refer to the department of social and health services. You may be eligible for WCCC benefits if:

(1) Your family is described under WAC 388-290-0015;

(2) ((You're)) You are participating in an approved activity under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(3) You and your children are eligible under WAC 388-290-0020;

(4) Your countable income, is at or below two hundred ((twenty-five)) percent of the Federal Poverty Level (FPL) (under WAC 388-290-0065); and

(5) Your share of the child care cost, called a copayment (under WAC 388-290-0075) is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for subsidized care.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0010, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0075   What are the steps the WCCC program takes to ((figure)) determine my family's WCCC eligibility and copayment amount?   The WCCC program takes the following steps to ((figure)) determine your WCCC income eligibility and copayment:

(1) Determine your family size (under WAC 388-290-0015); and

(2) Determine your countable income (under WAC 388-290-0065).

(3) If your family's countable monthly income falls within the range below, then your copayment is:


YOUR INCOME YOUR COPAYMENT is:
At or below 82% of the FPL $((10)) 15
Above 82% of the FPL up to 137.5% of the FPL $((20)) 25
Above ((137.50)) 137.5% of the FPL - ((225)) 200% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $((20)) 25
Income above ((225)) 200% of the FPL, you are not eligible for WCCC benefits.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0075, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0085   When might my WCCC copayment change?   (1) Once we have determined that you are eligible for WCCC benefits, your copayment could change when:

(a) Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(b) Your monthly income decreases;

(c) Your family size increases;

(d) You are no longer eligible for the three-month TANF grant exemption under WAC 388-290-0070(h) or the minimum copayment under WAC 388-290-0090.

(2) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

(3) We do not increase your copayment during your current eligibility period when your countable income remains at or below two hundred ((twenty-five)) percent of the FPL, and:

(a) Your monthly countable income increases; or

(b) Your family size decreases.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0085, filed 12/19/01, effective 1/19/02.]

Washington State Code Reviser's Office