WSR 04-08-021

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed March 29, 2004, 9:36 a.m. ]

Date of Adoption: March 26, 2004.

Purpose: The intent of this filing is to clarify existing rules and create new rules concerning eligibility for Working Connections Child Care (WCCC). We intend for WCCC consumers to better understand the eligibility process. See below for amended and new rules adopted.

The permanent rule will replace two emergency rule filings. Emergency filings WSR 03-06-045, 03-14-061, 03-22-005 and 04-05-079 repealing WAC 388-290-0210 and amending WAC 388-290-0075, 388-290-0085, and 388-290-0190 have been in effect since March 1, 2003. Emergency filings WSR 03-12-026, 03-20-050 and 04-04-030, amending WAC 388-290-0130 have been in effect since June 2, 2003.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-290-0080 and 388-290-0210; amending WAC 388-290-0001 What is the purpose of the working connections child care program?, 388-290-0005 Who is considered a consumer for the WCCC program?, 388-290-0010 What makes me eligible for WCCC benefits?, WAC 388-290-0015 How does the WCCC program determine my family size for eligibility?, 388-290-0020 Are there special circumstances that might affect my WCCC eligibility?, 388-290-0025 What rights do I have when I apply for or receive WCCC benefits?, 388-290-0030 What responsibilities do I have when I apply for or receive WCCC benefits?, 388-290-0035 What responsibilities does the WCCC program staff have?, 388-290-0040 If I receive a temporary assistance for needy families (TANF) grant, what activities must I be involved in to be eligible for WCCC benefits?, 388-290-0045 If I don't get a temporary assistance for needy families (TANF) grant, what activities must I be involved in to be eligible for WCCC benefits?, 388-290-0050 If I am self-employed, can I get WCCC benefits?, 388-290-0055 If I am not working or in an approved activity right now, can I get WCCC benefits?, 388-290-0060 What income ((is counted)) does the WCCC program count when determining ((WCCC)) eligibility and copayments?, 388-290-0065 How does the WCCC program define and use my income?, 388-290-0070 What income types and deductions ((are not counted)) does the WCCC program disregard when figuring my income eligibility and for WCCC benefits?, 388-290-0075 What ((are the)) steps does the WCCC program ((takes)) take to determine my family's WCCC eligibility and copayment amount?, 388-290-0085 When might my WCCC copayment change?, 388-290-0090 When do I pay the minimum copayment?, 388-290-0095 If I receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?, 388-290-0100 If I do not receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?, 388-290-0105 ((What is the process for my)) How do I reapply for WCCC ((review for reauthorization of my WCCC benefits)) when my eligibility period is ending?, 388-290-0110 What circumstances might affect my ((on-going)) eligibility for ((the)) WCCC benefits and when might I be eligible again?, 388-290-0120 When doesn't advance and adequate notice of payment changes apply to me?, 388-290-0125 What child care providers can I choose under the WCCC program?, 388-290-0130 What in-home/relative providers can I choose under the WCCC program?, 388-290-0135 When I choose an in-home/relative provider, what information must I submit to receive WCCC benefits?, 388-290-0140 When does the WCCC program not pay for the cost of in-home/relative child care?, 388-290-0143 Who must have a background check for the WCCC program and how often is the check done?, 388-290-0145 Why is a background check required and will I be notified of the results?, 388-290-0150 What information ((is included in)) does the background check contain and where does it come from?, 388-290-0155 What happens after ((we receive)) the WCCC program receives the background information?, 388-290-0160 What convictions would cause the WCCC program to permanently disqualify my in-home/relative provider ((from being authorized by us))?, 388-290-0165 Is there other background information or convictions that will disqualify my in-home/relative provider?, 388-290-0167 What happens if my in-home/relative provider, who provides care in their home, is disqualified based solely on the disqualifying background of an individual living with that provider?, 388-290-0180 When are the WCCC program subsidy rates in this chapter effective?, 388-290-0190 What does the WCCC program pay for and when can the program pay more?, 388-290-0200 What daily rates does DSHS pay for child care in a licensed or certified child care center or DSHS contracted seasonal day camps?, 388-290-0205 What daily rates does DSHS pay for child care in a licensed or certified family home child care ((home))?, 388-290-0220 How does DSHS determine that my child qualifies for a special needs daily rate?, 388-290-0225 What is the ((DSHS child care)) additional subsidy daily rate for children with special needs in a licensed or certified child care center or DSHS contracted seasonal day camp?, 388-290-0230 What is the ((DSHS child care)) additional subsidy daily rate for children with special needs in a licensed or certified family home child care ((home))?, 388-290-0235 What is the DSHS in-home/relative child care daily rate for children with special needs?, 388-290-0245 When can the WCCC program authorize payment of fees for registration?, 388-290-0250 When can WCCC pay a bonus for enrolling an infant?, 388-290-0255 When can the WCCC program establish a protective payee to pay my in-home/relative provider?, 388-290-0260 Do I have the right to ask for a hearing about my WCCC benefits and how do I ask for one?, 388-290-0265 When can I get WCCC benefits pending the outcome of a hearing? and 388-290-0270 What is a WCCC overpayment and ((when might I have one)) what can be included?; and new sections WAC 388-290-0012 When do I need to verify information?, 388-290-0031 What changes do I need to report when I apply for or receive WCCC?, 388-290-0032 What are the consequences if I do not report changes within the specified time-lines?, 388-290-0082 When I am approved, how long is my eligibility period?, 388-290-0107 When do I receive a denial letter?, 388-290-0108 What happens if I meet eligibility requirements after I receive a denial letter?, 388-290-0247 When can the WCCC program authorize payment for field trips fees?, 388-290-0271 When might I be assessed an overpayment?, and 388-290-0273 When would my provider be assessed an overpayment?.

Statutory Authority for Adoption: RCW 74.04.050 and 74.12.340.

Other Authority: RCW 74.13.085, chapter 25, Laws of 2003 1st sp.s.

Adopted under notice filed as WSR 04-02-047 on January 5, 2004.

Changes Other than Editing from Proposed to Adopted Version: The following changes were made as a result of comments received and to provide clarity:


Rules as proposed (added language underlined; deleted language struck through) Changes in the adopted version of the rules:
WAC 388-290-0012
(4) You must give us the verification within the time limits described in WAC 388-406-0030(1). Removed subsection (4) and renumbered the remaining sections accordingly.
WAC 388-290-0015
For children to be included in the household, they must meet the age requirements in subsection (2) of this section and in WAC 388-290-0020(2). Once we verify the children's eligibility, Removed.
WAC 388-290-0020
(i) "Able" means physically and mentally capable of caring for a child in a responsible manner. If you claim one parent is unable to care for the children, you must provide written documentation from a licensed professional (see WAC 388-448-0020(1) and (2)) that states the: Changed WAC reference to include all of WAC 388-448-0020.
WAC 388-290-0030
(4) Leave your children with your provider only for approved activities or arrange to pay the provider yourself, as the provider requires, for care while you are engaged in unapproved activities. Removed the word "only."
(5) Keep ((and provide when requested,)) attendance records. Records must be:

(a) Accurate ((attendance records when you choose in-home/relative child care;

(5))); (b) Provided when requested; and

(c) Kept for one year after care has been provided.

(5) Keep ((and provide when requested,)) attendance records when you choose in-home/

relative child care. Records must be:

(a) Accurate ((attendance records when you choose in-home/relative child care;

(5))); (b) Provided when requested; and

(c) Kept for one year after care has been provided.

WAC 388-290-0032
(4) Receiving an overpayment for absent days the licensed/certified or DSHS seasonal contracted day care provider is allowed to bill (see publication Child Care Subsidies, A Booklet for Licensed and Certified Child Care Providers, DSHS 22-877). (4) Receiving an overpayment for the number of days your child was absent ((days)) above the absences the licensed/certified or DSHS seasonal contracted day care provider is allowed to bill (see publication Child Care Subsidies, A Booklet for Licensed and Certified Child Care Providers, DSHS 22-877).
WAC 388-290-0065
(2) Parts or all of your income (earned or unearned) may be determined by averaging. If your income decreases during your eligibility, we recalculate your average income only if the average drops one hundred dollars below the lowest income amount used for two months. The change is effective the first day of the third month. Removed this subsection and renumbered the rest accordingly.
WAC 388-290-0070
(e) Diversion cash assistance and the early exit bonus; Removed, there is no longer any exit bonus for TANF.
WAC 388-290-0100
(2) Your application date is whichever is earlier:

(a) The date your application is date stamped as received; or

(b) The date your application is entered into our automated system as received.

(2) Your application date is whichever is earlier:

(a) ((The date your application is date stamped as received; or

(b))) The date your application is entered into our automated system ((as received)); or

(b) The date your application is date stamped as received.

WAC 388-290-0105
(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;

(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));

WAC 388-290-0125
(1) Licensed as required by chapter 74.15 RCW;

(1) Licensed as required by chapter 74.15 RCW and chapters 388-155, 388-295, or 388-151 WAC;
(6) You may choose to have up to one back up provider for any one-time period. Removed subsection (6) as repeated elsewhere
WAC 388-290-0130
(3) If you use an in-home/relative provider you can: (3) If you use an in-home/relative provider you can:
(a) Have no more than one in-home/relative provider authorized for payment during your eligibility period; (a) Have no more than two in-home/relative providers authorized for payment during your eligibility period (not including back-up providers);
(c) Change to a different in-home/relative provider during your eligibility period. Payment for the current in-home/relative provider would end before payment for the new provider could begin. (c) Change to a different in-home/relative provider during your eligibility period.
(4) An in-home/relative provider can care for:

(a) One consumer's children during any one-time period. If the provider is an approved provider for another consumer, the hours they provide care for all WCCC consumers must not overlap; and

(b) Up to a maximum of six children during any one-time period.

(4) An in-home/relative provider can care for up to a maximum of six children during any one time period.
(5) An in-home/relative provider is not an eligible provider (under WAC 388-290-0095 and 388-290-0100) anytime prior to the date we receive the results of all applicable criminal background checks under WAC 388-290-0143(1). Added reference to WAC 388-290-0150 for further clarification.
WAC 388-290-0160
(1) (((b))) has a background containing ((the following felony convictions, the provider is)) any conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, we permanently ((disqualified)) disqualify the person as an in-home/relative child care provider for WCCC((: (1) (((b))) has a background containing ((the following felony convictions, the provider is)) a permanently disqualifying conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, we permanently ((disqualified)) disqualify the person as an in-home/relative child care provider for WCCC((:
WAC 388-290-0165
(2) If an individual being checked ((as)) has a background containing ((the following crimes within the last five years)) any conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, your provider is disqualified as an in-home/relative child care provider for WCCC((: (2) If an individual being checked ((as)) has a background containing ((the following crimes within the last five years)) a five-year disqualifying conviction posted on the DSHS secretary's list of disqualifying convictions for ESA, your provider is disqualified as an in-home/relative child care provider for WCCC((:
(3)(b) A conviction other than those listed in WAC 388-290-0160 or subsection (2) (((a) through (e))) of this section, we ((will)) allow you to determine the provider's character, suitability, and competence by reviewing important information such as the: (b) ((A)) Any conviction other than those ((listed in WAC 388-290-0160 or subsection (2)(a) through (e) of this section, we will)) posted on the DSHS secretary's list of disqualifying convictions for ESA we will allow you to determine the provider's character, suitability, and competence by reviewing important information such as the:
WAC 388-290-0200 Added
(3) If the center provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited waiver and the child must meet the special needs requirement according to WAC 388-290-0220.
WAC 388-290-0273
(b) The provider does not have attendance records that support the billing (refer to WAC 388-295-7030, 388-155-460, and 388-151-460 (b) The provider does not have attendance records that comply with licensing requirements (refer to WAC 388-295-7030, 388-155-460, and 388-151-460

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 9, Amended 45, Repealed 1.

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 9, Amended 48, Repealed 2.
Effective Date of Rule: Thirty-one days after filing.

March 26, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-10 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office