WSR 04-05-079

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 17, 2004, 4:23 p.m. ]

Date of Adoption: February 10, 2004.

Purpose: Copayment levels of $25 or more a month for families of the subsidized child care program, working connections child care (WCCC) will increase by $25. The WCCC program will also cease authorization of unfunded portions of the program. These changes are due to budget shortfalls and are at the request of the governor. The sections of chapter 388-290 WAC that are being revised are WAC 388-290-0075, 388-290-0085, and 388-290-0190. WAC 388-290-0210 is being repealed.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-290-0210; and amending WAC 388-290-0075, 388-290-0085, and 388-290-0190.

Statutory Authority for Adoption: RCW 74.04.050, 74.13.085, and 74.12.340

Other Authority: ESSB 5404 (chapter 25, Laws of 2003 1st sp.s.).

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: The governor directed the department to increase copayment levels (effective March 1, 2003) for families of the subsidized child care program and cease authorization of unfunded portions of the program due to budget shortfalls. Without this emergency rule, the department funds would be expended before the end of the biennium, leaving many children and families without subsidized day care services. The department has filed notice of intent in WSR 02-20-055 to adopt the rules as permanent. The CR-102 proposed rule-making notice for permanent adoption was filed in January 2004 (WSR 04-02-047), 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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

February 10, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3208.1
AMENDATORY SECTION(Amending WSR 02-14-067, filed 6/27/02, effective 8/1/02)

WAC 388-290-0075   What are the steps the WCCC program takes to determine my family's WCCC eligibility and copayment amount?   The WCCC program takes the following steps to 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 $15
Above 82% of the FPL up to 137.5% of the FPL $((25)) 50
Above 137.5% of the FPL -200% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $((25)) 50
Income above 200% of the FPL, you are not eligible for WCCC benefits.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, 388-290-0075, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0075, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 02-14-067, filed 6/27/02, effective 8/1/02)

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;

(e) There is a mass change in benefits due to a change in law or program funding.

(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 percent of the FPL, and:

(a) Your monthly countable income increases; or

(b) Your family size decreases.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, 388-290-0085, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, 388-290-0085, filed 12/19/01, effective 1/19/02.]


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

WAC 388-290-0190   What does the WCCC program pay for and when can the program pay more?   (1) We pay for:

(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))) (e) 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 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, 74.13.085. 02-12-069, 388-290-0190, 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, 388-290-0190, filed 12/19/01, effective 1/19/02.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-290-0210 When can the WCCC program authorize the nonstandard hour child care bonus?

Legislature Code Reviser 

Register

Washington State Code Reviser's Office