WSR 04-04-030



(Economic Services Administration)

[ Filed January 28, 2004, 8:11 a.m. ]

Date of Adoption: January 27, 2004.

Purpose: WAC 388-290-0130 What in-home/relative providers can I choose under the WCCC program?, is being amended to clarify that an in-home/relative provider is determined an eligible provider when the results of the criminal background inquiry are received. We must make this clear in the interest of safety of children, and the general welfare of the state.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-0130.

Statutory Authority for Adoption: RCW 74.04.050.

Other Authority: RCW 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: Emergency rules are needed to assure that in-home or relative providers paid by the department to provide child care do not have criminal convictions or background that would disqualify the provider or pose a threat to the safety of children under their care. The department has filed a notice of intent - WSR 02-20-055 - to adopt the rule as permanent, and is actively undertaking appropriate procedures to adopt the permanent rule. A CR-102 Proposed rule-making notice (WSR 04-02-047) for permanent adoption has been filed in January 2004, and public hearing is scheduled for March 9, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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

January 27, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION(Amending WSR 02-12-069, filed 5/31/02, effective 7/1/02)

WAC 388-290-0130   What in-home/relative providers can I choose under the WCCC program?   (1) To be authorized as an in-home/relative provider under the WCCC program, your in-home/relative provider must:

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

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

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

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

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

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

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

(2) Your in-home/relative provider is not an eligible provider (under WAC 388-290-0095 and 388-290-0100) anytime prior to the date the results of all applicable criminal background inquiries under WAC 388-290-0143(1) are received. Providers other than in-home/relative that you can use are described in WAC 388-290-0125.

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

(((3))) (4) 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, 74.13.085. 02-12-069, 388-290-0130, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0130, filed 12/19/01, effective 1/19/02.]

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