S-2044.1

SUBSTITUTE SENATE BILL 5820

State of Washington
66th Legislature
2019 Regular Session
BySenate Early Learning & K-12 Education (originally sponsored by Senators Nguyen, Randall, Hasegawa, Keiser, Hunt, Kuderer, and Wilson, C.)
READ FIRST TIME 02/22/19.
AN ACT Relating to increasing eligibility for child care and early learning programs for homeless and other vulnerable children; amending RCW 43.216.135; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.216.135 and 2018 c 52 s 6 are each amended to read as follows:
(1) The department shall establish and implement policies in the working connections child care program to promote stability and quality of care for children from low-income households. These policies shall focus on supporting school readiness for young learners. Policies for the expenditure of funds constituting the working connections child care program must be consistent with the outcome measures established by the department and the standards established in this section intended to promote stability, quality, and continuity of early care and education programming.
(2) As recommended by Public Law 113-186, authorizations for the working connections child care subsidy shall be effective for twelve months beginning July 1, 2016, unless an earlier date is provided in the omnibus appropriations act.
(3) Existing child care providers serving nonschool-age children and receiving state subsidy payments must complete the following requirements to be eligible for a state subsidy under this section:
(a) Enroll in the early achievers program by August 1, 2016;
(b) Complete level 2 activities in the early achievers program by August 1, 2017; and
(c) Rate at a level 3 or higher in the early achievers program by December 31, 2019. If a child care provider rates below a level 3 by December 31, 2019, the provider must complete remedial activities with the department, and rate at a level 3 or higher no later than June 30, 2020.
(4) Effective July 1, 2016, a new child care provider serving nonschool-age children and receiving state subsidy payments must complete the following activities to be eligible to receive a state subsidy under this section:
(a) Enroll in the early achievers program within thirty days of receiving the initial state subsidy payment;
(b) Complete level 2 activities in the early achievers program within twelve months of enrollment; and
(c) Rate at a level 3 or higher in the early achievers program within thirty months of enrollment. If a child care provider rates below a level 3 within thirty months from enrollment into the early achievers program, the provider must complete remedial activities with the department, and rate at a level 3 or higher within six months of beginning remedial activities.
(5) If a child care provider does not rate at a level 3 or higher following the remedial period, the provider is no longer eligible to receive state subsidy under this section.
(6) If a child care provider serving nonschool-age children and receiving state subsidy payments has successfully completed all level 2 activities and is waiting to be rated by the deadline provided in this section, the provider may continue to receive a state subsidy pending the successful completion of the level 3 rating activity.
(7) The department shall implement tiered reimbursement for early achievers program participants in the working connections child care program rating at level 3, 4, or 5.
(8) The department shall account for a child care copayment collected by the provider from the family for each contracted slot and establish the copayment fee by rule.
(9)(a) The department shall establish and implement policies in the working connections child care program to allow eligibility for families with children who:
(i) In the last six months have:
(A) Received child protective services as defined and used by chapters 26.44 and 74.13 RCW;
(B) Received child welfare services as defined and used by chapter 74.13 RCW; or
(C) Received services through a family assessment response as defined and used by chapter 26.44 RCW;
(ii) Have been referred for child care as part of the family's case management as defined by RCW 74.13.020; and
(iii) Are residing with a biological parent or guardian.
(b) Children who are eligible for working connections child care pursuant to this subsection do not have to keep receiving services identified in this subsection to maintain twelve-month authorization. The department of social and health services' involvement with the family referred for working connections child care ends when the family's child protective services, child welfare services, or family assessment response case is closed.
(10)(a) The department shall designate homeless children and Indian children as vulnerable populations pursuant to 45 C.F.R. Sec. 98.20 as it existed on January 1, 2019, to allow eligibility and twelve-month authorizations for working connections child care subsidies for homeless children and Indian children.
(b) For purposes of this subsection:
(i) "Homeless" means without a fixed, regular, and adequate nighttime residence as set forth in the federal McKinney-Vento homeless assistance act, P.L. 100–77, July 22, 1987, 101 Stat. 482, and runaway and homeless youth act, P.L. 93–415, Title III, September 7, 1974, 88 Stat. 1129; and
(ii) "Indian children" has the same meaning as "Indian child" is defined in rule by the department after consultation and agreement with tribes as described in section 2 of this act.
NEW SECTION.  Sec. 2. (1) The department of children, youth, and families must consult with tribal representatives to develop an agreed-upon definition of Indian child for the purposes of RCW 43.216.135 and, by July 1, 2020, must adopt the definition in rule.
(2) This section expires December 1, 2020.
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