Date of Adoption: May 29, 2002.

     Purpose: WAC 388-290-0125, 388-290-0190, 388-290-0200, 388-290-0225, and 388-290-0245 are being revised to allow the department to pay child care subsidies to seasonal day camps that are accredited by the American Camping Association (ACA), when an eligible family chooses to have their children attend.

     WAC 388-290-0015, 388-290-0020, 388-290-0035, 388-290-0040, 388-290-0045, 388-290-0050, 388-290-0055, 388-290-0095, 388-290-0105, 388-290-0120, 388-290-0125, 388-290-0130, 388-290-0135, 388-290-0190, 388-290-0200, 388-290-0205, 388-290-0225, 388-290-0230, 388-290-0240, 388-290-0245 and 388-290-0270 are being revised to clarify language and correct typographical errors.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-290-0015, 388-290-0020, 388-290-0035, 388-290-0040, 388-290-0045, 388-290-0050, 388-290-0055, 388-290-0095, 388-290-0105, 388-290-0120, 388-290-0125, 388-290-0130, 388-290-0135, 388-290-0190, 388-290-0200, 388-290-0205, 388-290-0225, 388-290-0230, 388-290-0240, 388-290-0245, and 388-290-0270.

     Statutory Authority for Adoption: RCW 74.04.050, 74.13.085.

      Adopted under notice filed as WSR 02-08-060 on April 1, 2002.

     Changes Other than Editing from Proposed to Adopted Version: In WAC 388-290-0015 (1)(h): The words "or training" were added to the end of the sentence in subsection (1)(h); this had inadvertently been left off the sentence in the proposed version.

     In WAC 388-290-0055(2): "The WCCC program" was deleted and replaced with "We."

     In WAC 388-290-0055 (2) and (3): The words "for the child's attendance in child care" were added after "WCCC payments."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 21, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 21, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 29, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

(1) If you are:	We count the following individuals as part of the family for WCCC eligibility:
(a) A single parent, including a minor parent living independently;	You and your ((child(ren))) children.
(b) Unmarried parents ((that)) who have at least one mutual child;	Both parents and all their children living in the household.
(c) Unmarried parents with no mutual children;	Unmarried parents and their respective children are counted as separate WCCC families.
(d) Married parents;	Both parents and all their children living in the household.
(e) Undocumented parents (((all other family rules in this section apply)));	((Both)) Parents and ((all)) children, documented and undocumented, as long as the child needing care is a U.S. citizen or legally residing in the United States. All other family rules in this section apply.
(f) A consumer as defined in WAC 388-290-0005 (2)(c) through (i) and you are not financially responsible for the ((child(ren))) children;	Only the ((child(ren))) children are counted as the WCCC family. The ((child(ren))) children and ((his/her)) their income ((is counted for WCCC eligibility)) are counted.
(g) A minor parent with children and live with a parent/guardian;	Only the minor parent and ((the)) their children.
(h) A family member((s)) who ((are temporarily)) is out of the household because of employment requirements, such as the military (((all other family rules in this section apply))) or training.	((This)) The absent individual ((as part of the household)) , the children, and the other parent if it is a two-parent family. All other family rules in this section apply.
(2) If your household includes:	We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year old siblings of the children requiring care who are enrolled in ((approved)) secondary education or general equivalency diploma (GED) program.	The eighteen year olds (unless they are a parent themselves), until they turn nineteen((,)) or complete ((HS/GED)) high school/GED, whichever comes first. All other family rules in this section apply.
(b) Siblings of the children requiring care who are up to twenty-one years of age and who are participating in ((an approved)) program through the school district's special education department under RCW 28A.155.0202.	The individual participating in an approved program through RCW 28A.155.0202 up to twenty-one years of age((,)) (unless they are a parent themselves). All other family rules in this section apply.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0015, filed 12/19/01, effective 1/19/02.]

     (a) An employee of the same child care facility where your ((child(ren) is)) children are receiving care and you do not provide direct care to your own ((child(ren))) children during the time WCCC is requested;

     (b) In sanction status for temporary assistance for needy families (TANF), while you are in an activity needed to remove the sanction or employment;

     (c) A parent in a two-parent family and one parent is not able or available to provide care for your ((child(ren))) children while ((one)) the other is working, looking for work, or preparing for work;

     (i) "Able" means physically((,)) and mentally((, and emotionally)) capable of caring for a child in a responsible manner.

     (ii) "Available" means able to provide care when ((they are)) not participating in an approved work activity under WAC 388-290-0040, 388-290-0045, ((and)) or 388-290-0050 during the time ((you need)) child care is needed.

     (d) A married consumer described under WAC 388-290-0005 (1)(d) through (i). Only you or ((your spouse)) the other parent must be participating in activities under WAC 388-290-0040, 388-290-0045, or 388-290-0050.

     (2) You might be eligible for WCCC if your ((child(ren) is)) children are legally residing in the country and ((is)) are:

     (a) Less than thirteen years of age; or

     (b) ((Thirteen years of age and)) Less than age nineteen, and:

     (i) ((Has)) Have a verified special need, according to WAC 388-290-0220; or

     (ii) ((Is)) Are under court supervision.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0020, filed 12/19/01, effective 1/19/02.]

     (1) Allow you to choose your provider as long as they meet the requirements in WAC 388-290-0125;

     (2) Review your chosen in-home/relative provider's background information ((because the department:

     (a) Wants you to have this information to help you:

     (i) Make informed, safe, and responsible decisions about your child(ren)'s care provider; and

     (ii) Reduce the risk of harm to children by caregivers that have been convicted of certain crimes.

     (b) Does not pay for any of the cost of child care provided by individuals convicted of crimes listed in WAC 388-290-0160 or 388-290-0165)).

     (3) Authorize payments only to child care providers who allow you to see your children whenever they are in care;

     (4) Only authorize payment when no adult in your WCCC family is "able or available" to care for your children (under WAC 388-290-0020).

     (5) Inform you of:

     (a) Your rights and responsibilities under the WCCC program at the time of application and eligibility review;

     (b) The types of child care providers we can pay;

     (c) The community resources that can help you select child care((,)) when needed; and

     (d) Any change in your copayment during the authorization period except under WAC 388-290-0120(4).

     (6) Respond to you within ten days if you report a change of circumstance ((which)) that affects your WCCC eligibility((/)) or copayment; and

     (7) Provide prompt child care payments to your ((licensed or certified)) child care provider.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0035, filed 12/19/01, effective 1/19/02.]

     (1) ((A)) An approved WorkFirst activity under ((chapter)) ((WAC 388-310)) WAC 388-310-0200;

     (2) Employment or self-employment. We consider "employment" or "work" to mean engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States;

     (3) Transportation time between the location of child care and your place of employment or approved activity;

     (4) Up to ten hours per week of study time before or after regularly scheduled classes or up to three hours of study time per day when needed to cover time between approved classes ((for your approved activity)); and

     (5) Up to eight hours per day of sleep time when it is needed, such as if you work nights and sleep days.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0040, filed 12/19/01, effective 1/19/02.]

     (1) Employment or self-employment under WAC 388-290-0050. We consider "employment" or "work" to mean engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States;

     (2) Secondary education or general equivalency diploma (GED) program if you are age twenty-one or younger.

     (3) Same-day job search if you are a TANF applicant;

     (4) The food stamp employment and training program under chapter 388-444 WAC;

     (5) Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under WAC 388-310-1000, ((388-31-1050)) 388-310-1050, 388-310-1200, or 388-310-1800, and you are:

     (a) Working:

     (i) Twenty or more hours per week; or

     (ii) Sixteen or more hours per week in a work study job.

     (b) Participating in the educational program for no longer than thirty-six months.

     (6) WCCC may be approved for activities listed in WAC 388-290-0040 (3) through (5), when needed.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.]

     (1) If you get TANF:

     (a) You must have an approved self-employment plan under ((chapter 388-310)) WAC 388-310-1700; and

     (b) The amount of WCCC you get for self-employment is equal to the number of hours in your approved plan.

     (2) If you don't get TANF:

     (a) During the first six months of your WCCC eligibility, the number of hours of WCCC you can get will be calculated based on your self-employment earnings. The number of hours of WCCC you get is based on whichever is more:

     (i) Your work hours reported in your business records; or

     (ii) The average number of monthly hours equal to dividing your monthly self-employment income by the federal or state minimum wage (whichever minimum wage is lower).

     (b) After the first six months, the number of hours of WCCC you can get each month is based on the lesser of subsections (2)(a)(i) or (ii) of this section.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0050, filed 12/19/01, effective 1/19/02.]

     (2) We can authorize WCCC payments for a child's attendance in child care for up to four weeks if you experience a gap for reasons out of your control such as a layoff in employment, or approved activity, and:

     (a) Your employment, or the approved activity, will resume within that period; or

     (b) You're looking for another job and you received WCCC immediately before the gap in employment, or approved activity.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0055, filed 12/19/01, effective 1/19/02.]

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0095, filed 12/19/01, effective 1/19/02.]

     (a) Requesting on-going eligibility review information prior to the end date of your current WCCC eligibility period; and

     (b) Reviewing the requested information.

     (2) Your WCCC benefits may continue if:

     (a) Your review eligibility information is received no later than ten days after your previous eligibility period ends;

     (b) Your provider is eligible for payment under WAC 388-290-0125; and

     (c) You are eligible for WCCC.

     (3) If you are determined eligible for WCCC benefits based on your review information, the program will notify you of continued benefits.

     (4) If you provide the requested review information to us more than ten days beyond your last eligibility period, you are determined eligible for WCCC and you:

     (a) Receive TANF, your benefit ((begin us)) begins when:

     (i) You ((begin)) are participating in your approved activity, and

     (ii) Your eligible provider (under WAC 388-290-0125) is caring for your child.

     (b) Do not receive TANF, your benefit begin date is the date your:

     (i) Application is date stamped as received or entered into our automated system as received;

     (ii) ((Application is entered into our automated system as received; or

     (iii))) Eligible provider (under WAC 388-290-0125) is caring for your child; ((whichever is later)); and

     (iii) Participation in an approved activity has started.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0105, filed 12/19/01, effective 1/19/02.]

     (1) You tell ((the department)) us you no longer want WCCC;

     (2) Your whereabouts are unknown to ((the department)) us;

     (3) You are receiving duplicate child care benefits;

     (4) Your new authorization period results in a change in child care benefits;

     (5) The location where child care occurs does not meet requirements under WAC 388-290-0130 (2) or (3); or

     (6) ((The department determines)) We determine your in-home/relative provider:

     (a) Is not of suitable character and competence;

     (b) May cause a risk of harm to your ((child(ren))) children based on the provider's physical((, emotional)) or mental health; or

     (c) Has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0120, filed 12/19/01, effective 1/19/02.]

     (1) Licensed as required by chapter 74.15 RCW;

     (2) Meeting their states licensing regulations, for providers who care for children in states bordering Washington. ((DSHS pays)) We pay the lesser of the following to ((licensed or certified)) qualified child care facilities in bordering states:

     (a) The provider's usual daily rate for that child; or

     (b) The DSHS maximum child care subsidy daily rate for the DSHS region where the child resides.

     (3) Exempt from licensing but certified by ((the department)) us, such as:

     (a) Tribal child care ((facility)) facilities that meet the requirements of tribal law;

     (b) Child care facilities on a military installation; ((or)) and

     (c) Child care facilities operated on public school property by a school district.

     (4) Seasonal day camps that have a contract with us to provide subsidized child care and are:

     (a) Of a duration of three months or less;

     (b) Engaged primarily in recreational or educational activities; and

     (c) Accredited by the American Camping Association (ACA).

     (5) An in-home/relative provider meeting the requirements in WAC 388-290-0130.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0125, filed 12/19/01, effective 1/19/02.]

     (a) Be a U.S. citizen or legally residing in the country((,));

     (b) Meet the requirements in WAC 388-290-0135 ((and must:

     (a)));

     (c) Complete and submit a criminal background inquiry form prescribed by ((the department)) us; and

     (((b) Not be disqualified based on information in WAC 388-290-0140 (3) or (4).

     (2) A relative provider must))

     (d) Be one of the following adult relatives providing care in the home of either the child or the relative((;

     (a))):

     (i) An adult sibling living outside the child's home;

     (((b))) (ii) An extended tribal family member under chapter 74.15 RCW; or

     (((c))) (iii) A grandparent, aunt, uncle, or great-grandparent, great-aunt or great-uncle.

     (((3))) (2) A nonrelative provider may be an adult friend or neighbor and must provide care in the child's own home.

     (((4))) (3) The in-home/relative provider may not be:

     (a) The child's biological, adoptive((,)) or step-parent;

     (b) The child's legal guardian or the guardian's spouse; or

     (c) Another adult acting in loco parentis or that adult's spouse.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0130, filed 12/19/01, effective 1/19/02.]

     (1) The in-home/relative child care provider's name and address; ((and))

     (2) A copy of the provider's valid Social Security ((Number)) card and photo identification to ((the department)) us;

     (3) A completed background inquiry application; and

     (4) A completed form ((which)) that makes the following assurances:

     (a) The provider is:

     (i) Of suitable character and competence;

     (ii) Of sufficient physical((, emotional,)) and mental health to meet the needs of the ((child)) children in care. If requested by ((the department, the parent(s))) us, you must provide written evidence that the in-home child care provider of ((the parent's)) your choice is of sufficient physical((, emotional,)) and mental health to be a safe child care provider;

     (iii) Able to work with the ((child)) children without using corporal punishment or psychological abuse;

     (iv) Able to accept and follow instructions;

     (v) Able to maintain personal cleanliness; and

     (vi) Prompt and regular in job attendance.

     (b) The ((child is)) children are current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

     (c) The home where care is provided is safe for the care of the ((child; and)) children;

     (d) The in-home/relative child care provider is informed about basic health practices, prevention and control of infectious disease, immunizations, and home and physical premises safety relevant to the care of the ((child.)) children; and

     (e) ((As the WCCC consumer, you will instruct)) You have instructed the in-home/relative child care provider that ((he/she)) they will have the following responsibilities:

     (i) Provide constant care and supervision of the ((child)) children throughout the arranged time of care in accordance with the needs of the ((child)) children; and

     (ii) Provide developmentally appropriate activities for the ((child)) children.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0135, filed 12/19/01, effective 1/19/02.]

     (a) Basic child care hours, either full day, half day or hourly:

     (i) A full day of child care is authorized to licensed/certified facilities and seasonal day camps that have contracted with us to provide subsidized child care when care is needed for five or more hours per day;

     (ii) A half day of child care is authorized to licensed/certified facilities and seasonal day camps that have contracted with us to provide subsidized child care when care is needed for less than five hours per day; and

     (iii) Hourly child care is authorized when the provider is an in-home/relative.

     (b) A registration fee (under WAC 388-290-0245);

     (c) An activity fee (under WAC 388-290-0245);

     (d) Care for nonstandard hours (under WAC 388-290-0210 and 388-290-0215);

     (e) An infant bonus (under WAC 388-290-0250); and

     (f) Special needs care when the child has a documented need for higher level of care (under WAC 388-290-0220, 388-290-0225, 388-290-0230, and 388-290-0235).

     (2) We pay more than the basic child care subsidy daily rate if:

     (a) Care is not available at ((the DSHS)) our daily rate within a reasonable distance, then the provider's usual daily rate is authorized; or

     (b) Care is over ten hours per day, then an additional amount of care is authorized.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0190, filed 12/19/01, effective 1/19/02.]

     (1) The provider's usual daily rate for that child; or

     (2) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$24.32 $12.16	$20.45 $10.23	$19.32 $9.66	$18.18 $9.09
Region 2	Full-Day Half-Day	$24.55 $12.27	$20.50 $10.25	$19.00 $9.50	$16.82 $8.41
Region 3	Full-Day Half-Day	$32.50 $16.25	$27.09 $13.55	$23.41 $11.70	$22.73 $11.36
Region 4	Full-Day Half-Day	$37.82 $18.91	$31.59 $15.80	$26.50 $13.25	$23.86 $11.93
Region 5	Full-Day Half-Day	$27.73 $13.86	$23.86 $11.93	$21.00 $10.50	$18.64 $9.32
Region 6	Full-Day Half-Day	$27.27 $13.64	$23.41 $11.70	$20.45 $10.23	$20.00 $10.00

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0200, filed 12/19/01, effective 1/19/02.]

     (((1))) (a) The provider's usual daily rate for that child; or

     (((2))) (b) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$20.00 $10.00	$18.00 $9.00	$18.00 $9.00	$16.00 $8.00
Region 2	Full-Day Half-Day	$20.00 $10.00	$19.00 $9.50	$17.00 $8.50	$17.00 $8.50
Region 3	Full-Day Half-Day	$29.00 $14.50	$25.00 $12.50	$22.00 $11.00	$20.00 $10.00
Region 4	Full-Day Half-Day	$30.00 $15.00	$29.67 $14.83	$25.00 $12.50	$24.00 $12.00
Region 5	Full-Day Half-Day	$22.00 $11.00	$20.00 $10.00	$19.00 $9.50	$17.00 $8.50
Region 6	Full-Day Half-Day	$22.00 $11.00	$20.00 $10.00	$20.00 $10.00	$19.00 $9.50

     (2) The family child care home WAC 388-155-010 allows providers to provide care to children within a birth through eleven years of age range exclusively. In order for a family home provider to provide care for a twelve-year-old or older child, the provider must obtain a child specific and time-limited waiver from their child care licensor.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0205, filed 12/19/01, effective 1/19/02.]

     (1) The provider's reasonable documented additional cost associated with the care of the child; or

     (2) The daily rate listed in the table below.

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$7.30 $3.65	$6.14 $3.07	$5.80 $2.90	$5.45 $2.73
Region 2	Full-Day Half-Day	$7.36 $3.68	$6.15 $3.08	$5.70 $2.85	$5.05 $2.52
Region 3	Full-Day Half-Day	$9.75 $4.88	$8.13 $4.06	$7.02 $3.51	$6.82 $3.41
Region 4	Full-Day Half-Day	$11.35 $5.67	$9.48 $4.74	$7.95 $3.98	$7.16 $3.58
Region 5	Full-Day Half-Day	$8.32 $4.16	$7.16 $3.58	$6.30 $3.15	$5.59 $2.80
Region 6	Full-Day Half-Day	$8.18 $4.09	$7.02 $3.51	$6.14 $3.07	$6.00 $3.00

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0225, filed 12/19/01, effective 1/19/02.]

     (((1))) (a) The provider's reasonable documented additional cost associated with the care of the child; or

     (((2))) (b) The daily rate listed in the table below.

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$6.00 $3.00	$5.40 $2.70	$5.40 $2.70	$4.80 $2.40
Region 2	Full-Day Half-Day	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55	$5.10 $2.55
Region 3	Full-Day Half-Day	$8.70 $4.35	$7.50 $3.75	$6.60 $3.30	$6.00 $3.00
Region 4	Full-Day Half-Day	$9.00 $4.50	$8.90 $4.45	$7.50 $3.75	$7.20 $3.60
Region 5	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55
Region 6	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$6.00 $3.00	$5.70 $2.85

     (2) The family child care home WAC 388-155-010 allows providers to provide care to children within a birth through eleven years of age range exclusively. In order for a family home provider to provide care for a twelve-year-old or older child, the provider must obtain a child specific and time-limited waiver from their child care licensor.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0230, filed 12/19/01, effective 1/19/02.]

     (a) Two dollars and six cents per hour for the child who needs the greatest number of hours of care and one dollar and three cents per hour for the care of each additional child in the family; or

     (b) The provider's usual ((daily)) hourly rate for that care.

     (2) ((The WCCC program)) We may pay above the maximum ((daily)) hourly rate for children who have special needs under WAC 388-290-0235.

     (3) When care is provided by an in-home/relative provider, ((the WCCC programs pays)) we pay benefits directly to you, defined as the consumer((, who is defined)) in WAC 388-290-0005((. We consider the consumer the employer of the child care provider)).

     (4) On all payments ((DSHS makes)) we make toward the cost of in-home/relative child care, ((DSHS pays)) when appropriate we pay the employer's share, on behalf of the client, of:

     (a) Social Security and Medicare taxes (FICA);

     (b) ((Medicare taxes;    

     (c))) Federal Unemployment Taxes (FUTA); and    

     (((d))) (c) State unemployment taxes (SUTA) when applicable.

     (5) On all payments ((DSHS makes)) we make toward the cost of in-home/relative child care ((DSHS withholds the following taxes:

     (a))) we withhold Medicare taxes and Social Security taxes (FICA) up to the wage base limit((; and

     (b) Medicare taxes)).

     (6) If an in-home/relative child care provider receives less than ((one thousand one hundred dollars)) the wage base limit per family in a calendar year, ((DSHS refunds)) we refund all withheld taxes to the provider.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0240, filed 12/19/01, effective 1/19/02.]

     (a) Required of all parents whose ((child(ren))) children are in care with that provider; and

     (b) Needed to maintain the child care arrangement.

     (((c))) (2) The registration fee may be authorized more than once per calendar year when:

     (((i))) (a) There is a break in your child care services ((with the same provider of)) for more than sixty days and the provider's usual policy is to charge an additional registration fee when there is a break in care; or

     (((ii))) (b) The ((child(ren))) children change child care providers and the new provider meets subsection (1)(a) and (b) of this section.

     (((2))) (3) The WCCC program pays licensed or certified child care providers a monthly activity fee of twenty dollars per child or the provider's actual cost for the activity, whichever is less only if the fees meet the conditions in ((subsections)) subsection (1)(a) and (b) of this section.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0245, filed 12/19/01, effective 1/19/02.]

     (a) Occurs when ((a consumer)) you or a provider has received benefits or payment ((which)) that you or they are not eligible to receive;

     (b) Is written by ((WCCC staff)) us and expected to be paid back by ((either the consumer )) you or the provider.

     (2) ((The WCCC program establishes)) We establish WCCC overpayments, regardless of whether you are a current or past WCCC consumer, when we made payment for WCCC benefits and:

     (a) You are no longer eligible or you are eligible for a smaller amount of care((. The overpayment will start from the day your circumstances change and you become ineligible));

     (b) You knowingly fail to report information to ((the department)) us that affects the amount of WCCC you are eligible for; or

     (c) You do not have attendance records and((/or)) payment receipts to support the amount you billed ((the department)) us for in-home/relative care.

     (3) When setting up an overpayment, we reduce the WCCC overpayment by the amount of the WCCC underpayment when applicable.

     (4) In areas not covered by this section, ((WCCC consumers)) you are subject to chapter 388-410 WAC (Benefit errors).

     (5) We set up overpayments starting the date that we paid for WCCC when you were not eligible or eligible for a lesser amount of care.

     (6) ((The WCCC program recovers)) We establish WCCC overpayments ((from)) for licensed/certified child care providers and contracted seasonal day camps, when:

     (a) The provider receives payment for WCCC services not provided;

     (b) The provider does not have attendance records that support the billing;

     (c) We pay the provider more than they are eligible to bill; or

     (d) The provider receives payment from ((DSHS)) us and the provider is not eligible based on WAC 388-290-0125.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0270, filed 12/19/01, effective 1/19/02.]

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