WSR 03-14-109

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed June 30, 2003, 3:55 p.m. , effective August 1, 2003 ]

Date of Adoption: June 27, 2003.

Purpose: The Division of Child Care and Early Learning is adopting new chapter 388-292 WAC to establish the seasonal child care program in Economic Services Administration's WAC and to clarify the existing eligibility criteria, income and copay calculations, rights and responsibilities, authorized services and program guidelines.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-165-130.

Statutory Authority for Adoption: RCW 74.12.340.

Other Authority: Chapter 74.15 RCW.

Adopted under notice filed as WSR 03-09-033 on April 7, 2003.

Changes Other than Editing from Proposed to Adopted Version:


Rule as proposed in WSR 03-01-060 Rule as adopted Reason
WAC 388-292-0010

(e) A person with parental control as defined in WAC 388-292-005 (1)(c) through (h)

(e) A person with parental control as defined in WAC 388-292-005 (1)(c) through (i)(h)

In response to comments received

WAC 388-292-0075

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

(2) By writing to the Office of Administrative Hearings, at the address in WAC 388-02-0025(1) 919 Lakeridge Way SW, PO Box 42488, Olympia, WA 98504-2488 within ninety days of the date any decision of an action is received

In response to comments received

WAC 388-292-0060

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

(4) Have your information held confidentially as required by chapter 42.17 RCW, chapter 388-01 WAC and other applicable state and federal laws. except when required by federal or state regulations to be shared with other agencies

In response to comments received

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 35, Amended 0, 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 35, Amended 0, Repealed 1.
Effective Date of Rule: August 1, 2003.

June 27, 2003

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3223.6
Chapter 388-292 WAC

SEASONAL CHILD CARE PROGRAM

INTRODUCTION
NEW SECTION
WAC 388-292-0001   Introduction.   The seasonal child care program helps eligible families who are seasonally employed in agriculturally related work to access licensed, culturally and developmentally appropriate child care. Families access this child care subsidy program through contracted community agencies. To be eligible, families must meet income and program guidelines and must not be currently receiving temporary assistance to needy families (TANF). The seasonal child care program prioritizes services for families who are not eligible for working connections child care.

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PURPOSE
NEW SECTION
WAC 388-292-0003   What is the purpose of the seasonal child care program?   The purpose of the seasonal child care (SCC) program is to protect children, whose eligible parents are involved in an approved activity, from potential harm due to:

(1) Agricultural work hazards; or

(2) Lack of appropriate supervision.

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ELIGIBILITY GUIDELINES
NEW SECTION
WAC 388-292-0005   Am I eligible for the SCC program?   You may be eligible for the SCC program, if you are not currently receiving temporary aid for needy families (TANF) and:

(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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NEW SECTION
WAC 388-292-0010   How is my family size defined for SCC program eligibility purposes?   For SCC program eligibility purposes, your family size is defined by reviewing the individuals who live together in the same household as follows:


(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 (i); 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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NEW SECTION
WAC 388-292-0015   Are there special circumstances when I might be eligible for the SCC program?   You might be eligible for the SCC program if you are part of a two-parent family and one parent is not able or available to provide care for your children while the other is working or traveling to and from work.

(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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NEW SECTION
WAC 388-292-0020   What activities must I be involved in to be eligible for the SCC program?   You may be eligible for SCC program subsidies for up to sixteen hours per day for the time you are involved in:

(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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NEW SECTION
WAC 388-292-0025   What additional criteria does my family need to meet to be eligible for SCC program subsidies?   Additional eligibility criteria for SCC program subsidies requires that your family:

(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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NEW SECTION
WAC 388-292-0030   When might my on-going eligibility for SCC subsidies stop, and when might I be eligible again?   (1) Your continued eligibility for SCC program subsidies stops when you:

(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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INCOME AND COPAYMENT CALCULATIONS
NEW SECTION
WAC 388-292-0035   What income is counted when determining eligibility and copayment for the SCC program?   To determine income eligibility and co-payment for the SCC program, the following income is counted:

(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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NEW SECTION
WAC 388-292-0040   How is my family's average monthly income calculated for the SCC program?   For the SCC program, your average monthly income is calculated by totaling all income earned in the past twelve months, as listed in WAC 388-292-0035, and dividing by twelve.

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NEW SECTION
WAC 388-292-0045   What is not counted, or is deducted, when figuring income eligibility for the SCC program?   (1) For the SCC program the following is not counted when figuring income eligibility and copayment:

(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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NEW SECTION
WAC 388-292-0050   How is my family's income eligibility and copayment amount determined for the SCC program?   For the SCC program, your family's income eligibility and copayment is determined by:

(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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NEW SECTION
WAC 388-292-0055   When might my SCC program copayment change?   Your SCC program copayment could change when:

(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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RIGHTS AND RESPONSIBILITIES
NEW SECTION
WAC 388-292-0060   What rights do I have when I apply for or receive SCC program subsidies?   When you apply for or receive SCC program subsidies, you have the right to:

(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 as required by Chapter 42.17 RCW, Chapter 388-01 WAC and other applicable state and federal laws;

(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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NEW SECTION
WAC 388-292-0065   What responsibilities do I have when I apply for or receive SCC program subsidies?   When you apply for or receive SCC program subsidies you have a responsibility to:

(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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NEW SECTION
WAC 388-292-0070   Who are the SCC program staff and what responsibilities do they have?   The SCC program staff work for community agencies who contract with DSHS to perform SCC program authorizations. They are responsible to:

(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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NEW SECTION
WAC 388-292-0075   Do I have the right to ask for a hearing regarding SCC program subsidy payments, and how do I request one?   You have the right to request a hearing regarding your SCC program subsidy payments under chapter 388-02 WAC:

(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, at the address in WAC 388-02-0025(1) within ninety days of the date any decision of an action is received.

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NEW SECTION
WAC 388-292-0080   Can I use SCC programs subsidies while waiting for the outcome of a hearing, and when might it need to be repaid?   (1) You can use SCC program subsidies while waiting for the outcome of a hearing, if you are currently authorized for the SCC program and:

(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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PAYABLE SERVICES AND RATES
NEW SECTION
WAC 388-292-0085   What child care providers can I choose under the SCC program?   To receive payment under the SCC program, the child care provider you choose must be:

(1) Licensed as required by chapter 74.15 RCW including:

(a) Family child care homes; and

(b) Child day care centers.

(2) Exempt from licensing but certified by DSHS including:

(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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NEW SECTION
WAC 388-292-0090   When are the DSHS child care subsidy rates, used by the SCC program in this chapter, effective?   DSHS child care subsidy rates in this chapter are effective as of the date stated in WAC 388-290-0180, when your family:

(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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NEW SECTION
WAC 388-292-0095   What DSHS child care subsidy rate does the SCC program use when my child is five year old?   The DSHS child care subsidy rate paid by the SCC program for child care for a five year old child is:

(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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NEW SECTION
WAC 388-292-0100   What services can be authorized for the SCC program, and at what rates?   The SCC program authorizes payments to licensed/certified child care providers for:

(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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NEW SECTION
WAC 388-292-0102   When can my child care provider charge me more than the amount authorized by the SCC program?   Your child care provider may charge you more than the amount authorized by the SCC program for child care services when:

(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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NEW SECTION
WAC 388-292-0105   When can additional SCC program subsidy payments be authorized?   Additional SCC program subsidy payments can be authorized for more than the basic DSHS child care subsidy daily rate when:

(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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NEW SECTION
WAC 388-292-0110   What additional SCC program subsidy payments can be authorized?   The following additional SCC program subsidy payments may be authorized for your approved activities, if justified by your employer verification:

(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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START DATES
NEW SECTION
WAC 388-292-0115   If I am determined eligible for the SCC program, when does my child care subsidy begin?   Your SCC program subsidy will begin according to the following situations:

(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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NEW SECTION
WAC 388-292-0120   Can I be authorized for the SCC program before I start a job?   You may be pre-authorized for the SCC program, before your job starts, if:

(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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NEW SECTION
WAC 388-292-0125   I am pre-authorized for the SCC program, when do my SCC program child care subsidies begin?   If you are pre-authorized for the SCC program, your SCC program child care subsidies begin according to the following conditions:

(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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NEW SECTION
WAC 388-292-0130   If I am reauthorized for the SCC program, when do my SCC program subsidies begin?   If you are reauthorized for the SCC program:

(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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REVIEW PROCESS
NEW SECTION
WAC 388-292-0135   When are my eligibility and co-payment information for the SCC program looked at?   Your eligibility and co-payment information for the SCC program are looked at:

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

(2) At least every six months.

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NEW SECTION
WAC 388-292-0140   How are my SCC program subsidies reauthorized and when may they continue?   (1) Your SCC program subsidies are reauthorized by the SCC program authorizing worker who reviews your SCC program eligibility and will:

(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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ADVANCE AND ADEQUATE NOTICE
NEW SECTION
WAC 388-292-0145   When might I receive advance and adequate notice of change in my SCC program subsidies?   (1) You are given advance and adequate notice of changes in your SCC program subsidies when the change:

(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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NEW SECTION
WAC 388-292-0150   When won't I receive advance and adequate notice of changes in my SCC program subsidies?   You will not receive advance and adequate notice of changes in your SCC program subsidies when:

(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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OVERPAYMENT NOTICES
NEW SECTION
WAC 388-292-0155   What is an overpayment and when might I receive one?   (1) An overpayment is payment for ineligible child care services;

(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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NEW SECTION
WAC 388-292-0160   When might a child care provider receive an overpayment?   (1) A child care provider may receive a vendor overpayment notice when they receive ineligible payments. This includes payments for:

(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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3225.1
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-165-130 Subsidized child care for seasonal workers.

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