WSR 04-14-014

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 25, 2004, 4:15 p.m. , effective July 1, 2004 ]


Purpose: The Division of Child Care and Early Learning is increasing the maximum rates DSHS will pay licensed centers and family home providers in Spokane County per a legislative budget proviso. These rates will be effective July 1, 2004, through June 30, 2005.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-0200 and 388-290-0205.

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

Other Authority: Chapter 276, Laws of 2004.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: These rules are needed to implement section (9), chapter 276, Laws of 2004, which directed the department to implement a subsidy increase for child care providers in Region 1 during fiscal year 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: June 25, 2004.

Jim Schnellman

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3433.1
AMENDATORY SECTION(Amending WSR 04-08-021, filed 3/29/04, effective 5/28/04)

WAC 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?   (1) We pay the lesser of the following to a licensed or certified child care center or DSHS contracted seasonal day camp:

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

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


Infants

(One month - 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

Spokane County Full-Day

Half-Day

$24.98

$12.49

$21.00

$10.51

$19.84

$9.92

$18.67

$9.34

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


(2) The child care center WAC 388-295-0010 allows providers to care for children from one month up to and including the day before their thirteenth birthday. The provider must obtain a child-specific and time-limited waiver from their child care licensor in order for a child care center to provide care for a thirteen-year-old or older child.

(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.

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021, 388-290-0200, filed 3/29/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, 388-290-0200, 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, 388-290-0200, filed 12/19/01, effective 1/19/02.]


AMENDATORY SECTION(Amending WSR 04-08-021, filed 3/29/04, effective 5/28/04)

WAC 388-290-0205   What daily rates does DSHS pay for child care in a licensed or certified family home child care?   (1) We pay the lesser of the following to a licensed or certified family home child care:

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

(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 - 11

yrs)

Region 1 Full-Day

Half-Day

$20.00

$10.00

$18.00

$9.00

$18.00

$9.00

$16.00

$8.00

Spokane County Full-Day

Half-Day

$20.54

$10.27

$18.49

$9.24

$18.49

$9.24

$16.43

$8.22

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 home child care WAC 388-155-010 allows providers to care for children from birth up to and including the day before their twelfth birthday. In order for a family home provider to 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. If the provider has a waiver to care for a child who has reached their twelfth birthday, the payment rate is the same as subsection (1) and the five to eleven year age range column is used for comparison.

(3) If the family home 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.

(4) We pay family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (5) of this section). Refer to subsection (1) and the five to eleven year age range column for comparisons.

(5) We cannot pay family home child care providers to provide care for children in their care if the provider is:

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

(b) The child's nonneedy or needy relative or that relative's spouse or partner;

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

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

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021, 388-290-0205, filed 3/29/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, 388-290-0205, 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, 388-290-0205, filed 12/19/01, effective 1/19/02.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office