Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-01-060.

     Title of Rule: New chapter 388-292 WAC, Seasonal child care program.

     Purpose: The purpose of this proposed new chapter 388-292 WAC is to:

•     Establish the seasonal child care program in Economic Services Administration's rules.

•     Clarify existing eligibility criteria, income and copay calculations, rights and responsibilities, authorized services and program guidelines.

•     Repeal WAC 388-165-130 currently in Children's Administration rules.

     Other Identifying Information: These rules are being proposed to:

•     Transfer the program authority from Children's Administration (CA) to Economic Services Administration (ESA). The Division of Child Care and Early Learning (DCCEL) is a new division that combined offices from CA and ESA. The seasonal child care (SCC) program, formerly a responsibility of CA, is now a responsibility of ESA.

•     Implement Executive Order 97-02 by establishing in WAC the program requirements that are currently in department policy.

     Statutory Authority for Adoption: RCW 74.12.340 and chapter 74.15 RCW.

     Statute Being Implemented: RCW 74.12.340, 74.13.086, and chapter 74.15 RCW.

     Summary: The subject matter of the proposed rules currently exist in contracted program policies, WAC 388-165-130 and chapter 388-290 WAC.

     Reasons Supporting Proposal: The rules describe client financial and program eligibility, and policies and procedures of the program operation.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cecelia Callison, DCCEL, 1009 S.E. College Street, Lacey, WA 98503, (360) 413-3288.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects:

•     To transfer the program authority from Children's Administration (CA) to Economic Services Administration (ESA);

•     To implement Executive Order 97-02 by establishing in WAC the program requirements that are currently in department policy. DCCEL's contracted, legally required program policies and procedures, are currently contained in the program guidebook "Seasonal Child Care, Screening and Referral POLICIES AND PROCEDURES GUIDEBOOK";

•     To update references to appropriate WACs.

     Proposal Changes the Following Existing Rules: WAC 388-165-130 currently in Children's Administration will be repealed.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules describe the client program and financial eligibility and the payment rates for families applying for or receiving seasonal child care subsidies. The rules do not impose costs or requirements for small businesses.

     RCW 34.05.328 does not apply to this rule adoption. The proposed seasonal child care rules contain the same financial eligibility requirements currently in chapters 388-165 and 388-290 WAC, and the program procedures currently in department policy. The proposed rules consolidate these requirements into a new WAC chapter to clarify program procedures, and impose no new requirements for eligible participants. Therefore, under RCW 34.05.328 (5)(b)(iv) and (vii), the proposed new chapter is exempt from the requirements for significant legislative rules contained in RCW 34.05.328.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on May 27, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by May 23, 2003, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., May 27, 2003.

     Date of Intended Adoption: Not earlier than May 28, 2003.

April 2, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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     (1) Agricultural work hazards; or

     (2) Lack of appropriate supervision.

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     (1) You have parental control of one or more children, and you are the child's:

     (a) Parent;

     (b) Stepparent;

     (c) Guardian;

     (d) Adult sibling or step-sibling;

     (e) Aunt;

     (f) Uncle;

     (g) Niece or nephew;

     (h) Grandparent; or

     (i) Any of the above relatives with the prefix "great," such as great-aunt.

     (2) Your family is described under WAC 388-292-0010;

     (3) You are participating in an approved activity under WAC 388-292-0020;

     (4) You and your children are eligible under WAC 388-292-0015;

     (5) Your countable income as calculated in WAC 388-292-0050 is at or below the Federal Poverty Level (FPL) described in WAC 388-290-0065; and

     (6) Your share of the child care cost, called a copayment (under WAC 388-290-0075(3)) is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for SCC subsidized care.

     (7) You agree to participate in the cost of child care by making monthly copayments to the authorized child care provider, as calculated under WAC 388-290-0075(3).

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(1) If you are:	We count the following individuals as part of the family for SCC program eligibility:
(a) A single parent, including a minor parent, living independently or residing in her/his parent's home with her/his children;	You and your children.
(b) Unmarried parents living together who have at least one mutual child;	Both parents and all their children living in the household.
(c) Unmarried parents living together with no mutual children;	Each parent and their own children, as separate families.
(d) Married parents living together;	Both parents and all their children living in the household.
(e) A person with parental control as defined in WAC 388-292-0005(1)(c) through (h);	Only the children and their income.
(f) A parental figure who is out of the household because of employment requirements.	The parents and the children. All other family rules in this section apply.

(2) If your household includes siblings of the children requiring care who are:	All family rules in this section apply. In addition, we count the sibling as part of the family for SCC program eligibility (unless they are a parent themselves), as follows:
(a) Eighteen year olds who are enrolled in secondary education or general equivalency diploma (GED) program.	The eighteen year olds until they turn nineteen or complete high school/GED, whichever comes first.
(b) Twenty year olds, or less, who are participating in a program through the school district's special education department under RCW 28A.155.0202.	The sibling participating in the approved program up to twenty-one years of age.

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     (1) "Able" means without a verifiable physical or mental disability that prevents you from caring for your child in a responsible manner.

     (2) "Available" means not participating in an approved work activity under WAC 388-292-0020.

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     (1) Active employment in seasonally available agriculturally related work (in a two parent family, both parents must be so employed) in Washington state or in a bordering state within forty miles of the Washington state border;

     (a) The agriculturally related work must be one of the following:

     (i) Seasonally available labor directly related to the cultivation, production, or processing of crops;

     (ii) Seasonally available labor directly related to the cultivation or harvesting of fruit trees.

     (b) "Seasonally available labor" means labor that depends upon, and is available only during, a specific season that is identified with certain activities or crops, and occurs only during a portion of the calendar year.

     (2) Travel time between the child care location and the work site only;

     (3) Job search, of no more than five days, if your seasonally available agricultural job ends and you are still eligible and continue to need child care; or

     (4) Sleep time, up to eight hours per day when needed, if you work nights and sleep days.

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     (1) Live in Washington state;

     (2) Not be receiving TANF;

     (3) Have a child age twelve or younger, or a child with verified special needs age eighteen or younger;

     (4) Have a primary wage earner who was employed in seasonally available agricultural related work for eleven months or less with any one employer in the previous twelve months; and

     (5) Fifty percent or more of a family's earned income for the previous twelve months is derived from seasonally available agricultural work as defined in WAC 388-292-0020.

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     (a) Are not participating in an approved activity as defined in WAC 388-292-0020;

     (b) Are found at your review to no longer meet eligibility criteria;

     (c) Do not complete the requested review information before the deadline noted in WAC 388-292-0140; or

     (d) Do not pay the copayment fees to your child care provider or do not make mutually acceptable arrangements with your child care provider for their payment.

     (e) Refuse to cooperate with investigations conducted by quality assurance staff or the division of fraud investigations.

     (2) You might be eligible for SCC program subsidies again when:

     (a) You meet all SCC program eligibility requirements; and

     (b) Copayment fees are paid to your child care provider or mutually acceptable arrangements for their payment are made with your child care provider.

     (c) Cooperate with investigations conducted by quality assurance or division of fraud.

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     (1) Wages and commissions earned from employment;

     (2) Unemployment compensation;

     (3) A TANF or other welfare grant;

     (4) Child support payments received;

     (5) Supplemental Security Income (SSI);

     (6) Other Social Security payments, such as SSA and SSDI;

     (7) Refugee assistance payments;

     (8) Payments from the Veterans' Administration;

     (9) Pensions or retirement income;

     (10) Payments from labor and industries (L&I), or disability payments;

     (11) Inheritance;

     (12) Reportable gambling winnings; and

     (13) Other types of income not listed in WAC 388-292-0045.

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     (a) Savings accounts;

     (b) Money received from sale of personal property such as a house or car;

     (c) Tax refunds;

     (d) Earned income credits;

     (e) One-time insurance settlement payments;

     (f) Capital gains;

     (g) Basic food program;

     (h) Income earned by children as described in WAC 388-292-0010(2).

     (2) For the SCC program the amount you pay for child support is deducted from your countable income.

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     (1) Your family size as defined under WAC 388-292-0010;

     (2) Your average monthly income as calculated under WAC 388-292-0040;

     (3) Your family's average monthly income as compared to the Federal Poverty Level (FPL); and

     (4) Your family's average monthly income as compared to the copay chart defined in WAC 388-290-0075(3).

     (5) If your family's income is above the FPL as defined in WAC 388-290-0075(3), your family is not eligible for the SCC program.

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     (1) Your family size increases or decreases; or

     (2) You are reauthorized for the SCC program and your new average monthly income places you in a different copayment category.

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

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     (1) Be treated politely and fairly - without regard to race, color, age, gender, sexual orientation, religion, creed, political affiliation, national origin, or disability (physical, mental or sensory);

     (2) Have an application accepted and acted upon within thirty days;

     (3) Be informed, in writing, of your legal rights and responsibilities related to SCC program subsidies, in your language;

     (4) Have your information held confidentially except when required by federal or state regulations to be shared with other agencies;

     (5) Get a written notice, at least ten days before changes are made to lower or stop SCC program subsidy payments except in WAC 388-292-0150;

     (6) Ask for a fair hearing if you do not agree with your eligibility decision;

     (7) Ask a supervisor or administrator to review a decision or action affecting your SCC program subsidies without affecting the right to a fair hearing;

     (8) Have interpreter or translator service for SCC program matters within a reasonable amount of time and at no cost to you;

     (9) Be allowed to choose your provider as long as the provider meets the requirements in WAC 388-292-0085; and

     (10) Refuse to speak to a fraud early detection (FRED) investigator from the division of fraud investigations. You do not have to let an investigator into your home at that time. You may ask the investigator to come back. This request will not affect your eligibility for SCC program subsidies.

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     (1) Give the SCC program authorizing worker the information necessary to determine your eligibility and authorize child care subsidies correctly;

     (2) Choose a provider who meets requirements of WAC 388-292-0085 and make your own child care arrangements;

     (3) Pay, or make arrangements to have someone pay, your SCC program copayment directly to your child care provider;

     (4) Sign your child in and out of care each day with your full legal signature if the care is provided by a child care center;

     (5) Notify the SCC program authorizing worker before changing providers;

     (6) Notify the SCC program authorizing worker within ten days if:

     (a) Your work status, work hours, or employer changes;

     (b) You need to change the hours of child care;

     (c) You receive TANF assistance;

     (d) Your children become eligible for a migrant headstart program;

     (e) Your household size changes, such as any family member moves in or out of your home;

     (f) Your home address or telephone number changes; or

     (g) Your amount of child support paid out or received changes

     (7) Cooperate with auditors from quality assurance and the division of fraud investigations.

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     (1) Authorize SCC program subsidies for your children based on eligibility criteria established by DSHS, as defined in this chapter;

     (2) Ask if you have received, or are currently receiving, child care services from another subsidy program; and if you have, receive a copy of your termination letter from that program;

     (3) Ask if you have applied, and been denied, for working connections child care; and if you have, verify your denial from that program;

     (4) Complete intake documents in your presence, based on information you provide;

     (5) Authorize payments only to a child care provider of your choice who meets the requirements in WAC 388-292-0085 and who allows you to see your children whenever they are in care;

     (6) Authorize payments only when no adult in your family is "able or available" to care for your children as defined in WAC 388-292-0015;

     (7) Give you an SCC program approved child care plan in order to enroll your children in licensed or certified child care;

     (8) Inform you of:

     (a) Your copayment amount as determined in WAC 388-292-0050 and defined in WAC 388-290-0075(3);

     (b) Your rights and responsibilities under the SCC program when you apply or reapply;

     (c) The types of child care providers the SCC program can pay;

     (d) The community resources that can help you select child care when needed;

     (e) Other options for child care subsidies, if you do not qualify for SCC program subsidies; and

     (f) Your rights to a fair hearing under the SCC program;

     (9) Respond to you within ten days if you report a change of circumstance that affects your SCC program eligibility or subsidies; and

     (10) Authorize child care payments promptly.

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     (1) On any action affecting your SCC program subsidy payments, except for mass changes that result from a change in policy or law.

     (2) By writing to the Office of Administrative Hearings, 919 Lakeridge Way SW, PO Box 42488, Olympia WA 98504-2488 within ninety days of the date any decision of an action is received.

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     (a) You request a hearing:

     (i) On or before the effective date of an action; or

     (ii) No more than ten days after you are sent a notice of adverse action.

     "Adverse action" means an action to reduce or terminate your SCC subsidies.

     (b) You request payments for child care payable to an eligible provider (under WAC 388-292-0100 and 388-292-0085).

     (2) If you lose a hearing, any SCC program subsidies you use between the date of the adverse action and the date of the hearing or hearing decision is an overpayment to you and will need to be repaid to DSHS.

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     (1) Licensed as required by chapter 74.15 RCW;

     (a) Family child care homes; and

     (b) Child day care centers.

     (2) Exempt from licensing but certified by DSHS;

     (a) Tribal child care facilities that meet the requirements of tribal law;

     (b) Child care facilities on a military installation; and

     (c) Child care facilities operated on public school property by a school district.

     (3) Seasonal day camps that contract with DSHS to provide subsidized child care and are:

     (a) Of a duration of three months or less;

     (b) Engaged primarily in recreational or educational activities; and

     (c) Accredited by the American Camping Association (ACA).

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     (1) Is newly authorized to receive child care subsidies;

     (2) Has a household change that requires your authorization to be updated; or

     (3) Is reauthorized to continue receiving child care subsidies.

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     (1) The preschool rate for a child who has not entered kindergarten; or

     (2) The school-age rate for a child who has entered kindergarten.

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     (1) Basic child care either full day or half day, at rates listed in WAC 388-290-0200 and 388-290-0205:

     (a) A full day of child care is authorized when care is needed for five to ten hours per day;

     (b) A half day of child care is authorized when care is needed for less than five hours per day;

     (2) A registration fee, according to WAC 388-290-0245(1) and (2);

     (3) An infant bonus, according to WAC 388-290-0250, providing an infant bonus for that infant has not previously been paid to the provider by another DSHS subsidy program; and

     (4) Special needs care when the child has a documented special need and a documented need for a higher level of care, according to WAC 388-290-0220, 388-290-0225, and 388-290-0230.

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     (1) You are late picking up your child at the customary time due to personal reasons (i.e., shopping, appointments, etc.);

     (2) You pick up your child after the provider's operating hours and the provider has a policy to charge all families an after hour charge;

     (3) You request an optional enrichment program for your child and all parents who want it have to pay extra (i.e., gymnastics, swimming, dancing, etc.); or

     (4) You pay the co-payment later than agreed upon and the provider has a late fee policy for all families.

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     (1) Needed to accommodate a family's work schedule;

     (2) Employer verification of work schedule is presented; and

     (3) The child care provider has a written policy to charge all clients additional money for child care provided more than ten hours per day; or

     (4) Child care is not available at the DSHS daily rate within a reasonable distance, in which case the provider's usual daily rate is authorized.

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     (1) "Extended hour child care" may be authorized, for families whose fluctuating overtime work schedules require more than ten hours per day, up to a maximum of one hundred twenty hours per month. Care is authorized at the provider's usual and customary rate for the time needed - or at the DSHS maximum hourly subsidy rate represented in the chart below, whichever is less.

	CHILD CARE CENTER Centers in Benton, Walla Walla and Whitman Counties paid at Region 6 rates
	Infants (under 12 months)	Toddler (12 to 29 months)	Preschool (30 to 5 years)	School-age (5 to 12 years)
Region 1	$4.00	$3.90	$3.22	$3.22
Region 2	$4.25	$3.60	$3.48	$2.75
Region 3	$4.30	$4.39	$3.75	$4.50
Region 6	$4.64	$3.75	$3.27	$3.25
	FAMILY HOMES
Region 1	$2.67	$2.50	$2.38	$2.50
Region 2	$3.00	$2.78	$2.50	$2.88
Region 3	$3.50	$3.00	$2.89	$3.33

     (2) "Additional hour child care" may be authorized, for families whose nonfluctuating work schedules require more than ten hours of care per day, at the provider's usual and customary rate for the time needed - or at the DSHS maximum half-day subsidy rate, whichever is less (under WAC 388-290-0200 and 388-290-0205).

     (3) "Weekend child care" may be authorized at rates under WAC 388-290-0200 and 388-290-0205 if child care is needed more than five days a week.

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     (1) If you are determined eligible before your employment starts, your subsidy begins on the first day of your job that your children are in approved child care;

     (2) If you are determined eligible after your job begins because:

     (a) You requested an appointment before your job started but were denied one, your subsidy begins on the first day of your job that your children were in approvable child care;

     (b) You did not provide all necessary documents when requested, your subsidy begins on the first day after you are determined eligible for the program, that you work and your children are in authorized child care.

     (c) You did not request an appointment until after your job began, your subsidy begins on the first day after you are determined eligible for the program, that you work and your children are in authorized child care.

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     (1) You are meet all eligibility criteria for the SCC program; and

     (2) You have employment verification that shows a future start date.

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     (1) If you are pre-authorized, AND you present verification of the date your employment starts to the SCC program authorizing worker within thirty days of your intake interview, your subsidy payments can begin:

     (a) The day you present your documentation; or

     (b) A maximum of fourteen days prior to the day you present the documentation, if you were working and your children were in approvable child care.

     (2) If you are pre-authorized but no verification of an employment start date is provided to the SCC program authorizing worker within thirty days of the pre-authorization, no subsidy payments can be made. Your pre-authorization is closed and you must reapply to the SCC program.

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     (1) Your SCC program child care subsidies will:

     (a) Continue without a break if your review eligibility information is received no later than ten days after your previous eligibility period ends; or

     (b) Begin the date your review eligibility information is stamped as received, if received more than ten days after your previous eligibility period ends.

     (2) You will be informed of your eligibility for continued SCC program subsidies based on your review information.

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     (1) When you apply for the SCC program; and

     (2) At least every six months.

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     (a) Request information related to your continued eligibility, prior to the end date of your current SCC program eligibility period;

     (b) Review the requested information; and

     (c) Determine if you are still eligible, according to DSHS established criteria.

     (2) Your SCC program subsidies may continue if:

     (a) You meet all program, income and work criteria for the SCC program as described in chapter 388-292 WAC;

     (b) Your provider is eligible for payment under WAC 388-292-0085.

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     (a) Results in a suspension, reduction, or termination of child care subsidies; or

     (b) Is not exempt from advance and adequate notice of payment changes as noted in WAC 388-292-0150.

     (2) "Advance and adequate notice," means a written notice from the SCC program authorizing agency mailed at least ten days before the date of the intended action begins. It includes the Washington Administrative Code (WAC) supporting the action, and your right to request a fair hearing.

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     (1) You tell the SCC program authorizing worker you no longer want SCC program subsidies;

     (2) Your eligibility review results in a change to your child care subsidies;

     (3) You are authorized for duplicate child care subsidies;

     (4) Your whereabouts are unknown to the SCC program authorizing worker; or

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

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     (2) You may receive a client overpayment notice, regardless if you are a current or past recipient, if:

     (a) You misrepresent your eligibility for the SCC program, or fail to report information that affects your eligibility; or

     (b) You use child care when you are not involved in approved activities (under WAC 388-292-0020).

     (3) Your overpayment is written by DSHS and you are expected to pay it back.

     (a) Overpayments are written starting the date that child care subsidies were paid but were not eligible at that payment amount;

     (b) DSHS reduces the overpayment by the amount of an underpayment when applicable.

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     (a) Child care that was not provided;    

     (b) Services that are not allowed; or

     (c) Child care that is not supported by the provider's attendance records.

     (2) The provider's overpayment is written by DSHS and the child care provider is expected to pay it back.

     (a) Overpayments are written starting the date that child care subsidies were over paid.

     (b) DSHS reduces the overpayment by the amount of an underpayment when applicable.

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     The following section of the Washington Administrative Code is repealed:

WAC 388-165-130

Subsidized child care for seasonal workers.

© Washington State Code Reviser's Office