Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-20-055.

     Title of Rule: Chapter 388-290 WAC, Working connections child care (WCCC).

     Purpose: The intent of this filing is to clarify existing rules and create new rules concerning eligibility for WCCC. We intend for WCCC consumers to better understand the eligibility process.

     The proposed rules will also make permanent two emergency rule filings. Emergency filings, WSR 03-06-045, 03-14-061 and 03-22-005, 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 and 03-20-050, amending WAC 388-290-0130 have been in effect since June 2, 2003.

     Statutory Authority for Adoption: RCW 74.04.050 and 74.12.340.

     Statute Being Implemented: RCW 74.13.085, 74.12.340, and chapter 25, Laws of 2003 1st sp.s.

     Summary: To clarify and change WCCC rules and add new rules. The rules will have an impact on the following areas: Consumer eligibility, qualified providers clients must use to remain eligible, rates, copayments, client responsibilities, and reapplication procedures.

     Reasons Supporting Proposal: The proposed rules will help the department address budget issues and the health and safety of children.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Lisa Lind, Division of Child Care and Early Learning, (360) 413-3032.

     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: See Purpose, Summary, and Reasons Supporting Proposal above.

     The changes in chapter 388-290 WAC will clarify for consumers what income and activities they need to meet in order to become eligible for WCCC. The changes also address family compositions more completely in relation to the second parent activity and eligibility.

     Other changes relate to an increase in consumer copayments, removal of some payments for WCCC services, detailed explanation of payments for children with special needs care, and in-home/relative care requirements. These changes should assist in budget issues and assist in determining correct payment and qualified providers' clients must use to remain eligible for WCCC.

     Some WAC were separated into two or more new WAC for clarity, such as "rights and responsibilities for consumers" was separated from one to two sections. New WAC are added to assist workers and consumers understand the process more fully, such as, what do consumers verify and what happens when a denial letter is sent.

     Proposal Changes the Following Existing Rules: Changes were made in consumer eligibility (activities and income), copayments, payments for WCCC services in-home/relative eligibility, consumer rights and responsibilities, overpayments and the definition of family size.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose more than minor costs to small business.

     RCW 34.05.328 does not apply to this rule adoption. Proposed WAC 388-290-0005 through 388-290-0125, 388-290-255, 388-290-270 and 388-290-271 relate to client financial eligibility for WCCC services, and are exempt from preparing a cost benefit analysis under RCW 34.05.328 (5)(b)(vii), which states in part: "This section does not apply to... rules of the department of social and health services relating to client medical and financial eligibility."

     Proposed WAC 388-290-0130 through 388-290-0247 and 388-290-273 do not meet the definition of significant legislative rules. Proposed rules clarify existing background check requirements for WCCC providers, clarify existing provider documentation requirements for receiving WCCC payment rates, and make other changes to clarify the language of the rules.

     Proposed WAC 388-290-260 and 388-290-265 concerning hearing procedures are "procedural rules" under RCW 34.05.328 (5)(c)(i), and do not meet the definition of significant legislative rules.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on March 9, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by March 5, 2004, 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, mail to P.O. Box 45850, Olympia, WA 98504-5850, deliver to 4500 10th Avenue S.E., Lacey, WA, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., March 9, 2004.

     Date of Intended Adoption: Not earlier than March 10, 2004.

January 5, 2004

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (1) Help families with children pay ((for)) child care costs for approvable activities to find jobs, keep their jobs, and get better jobs; and

     (2) Consider the health and safety of children while they are in care and receiving child care subsidies.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0001, filed 12/19/01, effective 1/19/02.]

     (((2))) (1) In WCCC, an eligible consumer is one of the following individuals who has parental control of one or more children, lives in the state of Washington, and is the child's:

     (a) Parent, either biological or adopted;

     (b) Stepparent;

     (c) Legal guardian verified by a legal or court document;

     (d) Adult sibling or step-sibling;

     (e) Nephew or niece;

     (f) Aunt;

     (g) Uncle;

     (h) Grandparent; or

     (i) Any of the ((above)) relatives in (f) through (h) of this subsection with the prefix great, such as great-aunt.

     (((3))) (2) You are not an eligible consumer when you:

     (a) Are the only parent in the household; and

     (b) Will be away from the home for more than thirty ((consecutive)) days in a row.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0005, filed 12/19/01, effective 1/19/02.]

     (1) Your family is described under WAC 388-290-0015;

     (2) You are participating in an approved activity under WAC 388-290-0040, 388-290-0045, ((or)) 388-290-0050, or have been approved per WAC 388-290-0055;

     (3) You and your children are eligible under WAC 388-290-0020;

     (4) Your countable income, is at or below two hundred percent of the Federal Poverty Level (FPL) (under WAC 388-290-0065); and

     (5) Your share of the child care cost, called a copayment (under WAC 388-290-0075), is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for subsidized care. We do not pro-rate your copayment when care is provided for part of a month.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0010, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0010, filed 12/19/01, effective 1/19/02.]

     (2) After you apply, we ask you to give us new verification when:

     (a) You report a change;

     (b) We find out that your circumstances have changed; or

     (c) The information we have is questionable or confusing.

     (3) Whenever we ask for verification, we give you a notice as described in WAC 388-458-0020.

     (4) You must give us the verification within the time limits described in WAC 388-406-0030(1).

     (5) We accept any verification that you can easily get when it reasonably supports your statement or circumstances. The verification you give to us must:

     (a) Clearly relate to what you are trying to verify;

     (b) Be from a reliable source; and

     (c) Be accurate, complete, and consistent.

     (6) We cannot make you give us a specific type or form of verification.

     (7) If the only type of verification that you can get costs money, we pay for it.

     (8) If the verification that you give to us is questionable or confusing, we may:

     (a) Ask you to give us more verification or provide a collateral contact (a "collateral contact" is a statement from someone outside of your residence that knows your situation); or

     (b) Send an investigator from the division of fraud investigations (DFI) to make an unannounced visit to your home to verify your circumstances.

     (9) If you do not give us all of the verification that we have asked for, we determine if you are eligible based on the information that we already have. If we cannot determine that you are eligible based on this information, we deny or stop your benefits per WAC 388-290-0107 and 388-290-0115.

[]

(1) If you are:	We count the following individuals as part of the family for WCCC eligibility:
(a) A single parent, including a minor parent living independently;	You and your children.
(b) Unmarried parents who have at least one mutual child;	Both parents and all their children living in the household.
(c) Unmarried parents with no mutual children;	Unmarried parents and their respective children ((are counted)) living in the household as separate WCCC families.
(d) Married parents;	Both parents and all their children living in the household.
(e) Undocumented parents;	Parents and children, documented and undocumented, as long as the child needing care is a U.S. citizen or legally residing in the United States. All other family rules in this section apply.
(f) A consumer as defined in WAC 388-290-0005 (((2)))(1)(c) through (i) ((and you are not financially responsible for the children));	((Only)) The children ((are counted as the WCCC family)) only. (The children and their income ((are)) is counted.)
(g) A minor parent with children and live with a parent/guardian;	Only the minor parent and their children.
(h) A family member who is out of the household because of ((employment)) employer requirements, such as the military or training, and is expected to return to the household.	You, the absent individual, and the children((, and the other parent if it is a two-parent family. All other family rules in)). Subsection (1)(b) and (d) of this section apply.
(i) A family member who is voluntarily out of the household for reasons other than requirements of the employer, such as unapproved schooling and visiting family members, and is expected to return to the household.	You, the absent individual and the children. Subsection (1)(b) and (d) of this section apply as well as WAC 388-290-0020.
(j) An incarcerated family member.	The absent individual is removed from the household. We count all remaining household members. All other family rules in this section apply.
(2) If your household includes:	We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year old siblings of the children ((requiring)) who require care ((who)) and are enrolled in ((secondary education)) high school or general equivalency diploma (GED) program.	The eighteen year olds (unless they are a parent themselves), until they turn nineteen or complete high school/GED, whichever comes first. All other family rules in this section apply.
(b) Siblings of the children requiring care who are up to twenty-one years of age and who are participating in an approved program through the school district's special education department under RCW ((28A.155.0202)) 28A.155.020.	The individual participating in an approved program through RCW ((28A.155.0202)) 28A-155.020 up to twenty-one years of age (unless they are a parent themselves). All other family rules in this section apply.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0015, 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, § 388-290-0015, filed 12/19/01, effective 1/19/02.]

     (a) An employee of the same child care ((facility)) center where your children ((are receiving)) receive care and you do not provide direct care to your own children during the time WCCC is requested;

     (b) In sanction or Child SafetyNet status for temporary assistance for needy families (TANF), while you are in an activity needed to remove the sanction, Child SafetyNet status, or for employment;

     (c) A parent in a two-parent family and one parent is not able ((or)) and available to provide care for your children while the other is working, looking for work, or preparing for work;

     (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:

     (A) Reason the parent is unable to care for the children;

     (B) Expected duration and severity of the condition that keeps them from caring for the children; and

     (C) Treatment plan if the parent is expected to improve enough to be able to care for the children. The parent must provide evidence from a medical professional showing they are cooperating with treatment and are still unable to care for the children.

     (ii) "Available" means ((able)) free to provide care when not participating in an approved work activity under WAC 388-290-0040, 388-290-0045, ((or)) 388-290-0050, or 388-290-0055 during the time child care is needed.

     (d) A married consumer described under WAC 388-290-0005 (1)(d) through (i). Only you or ((the other parent)) your spouse must be participating in activities under WAC 388-290-0040, 388-290-0045, ((or)) 388-290-0050, or 388-290-0055.

     (2) You might be eligible for WCCC if your children are legally residing in the country, are Washington state residents, and are:

     (a) Less than age thirteen ((years of age)); or

     (b) Less than age nineteen, and:

     (i) Have a verified special need, according to WAC 388-290-0220; or

     (ii) Are under court supervision.

     (3) Any of your children who receive care at the same place where you work (other than (1)(a) of this subsection) are not eligible for WCCC payments but can be included in your household if they meet WAC 388-290-0015. This includes if you work:

     (a) In a family home child care in any capacity and your children are receiving care at the same home during your hours of employment; or

     (b) In your home or another location and your children receive care at the same location during your hours of employment.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0020, 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, § 388-290-0020, filed 12/19/01, effective 1/19/02.]

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

     (2) Have ((an application accepted and acted upon)) WCCC eligibility determined within thirty days from your application date per WAC 388-290-0100(2);

     (3) Be informed, in writing, of your legal rights and responsibilities related to WCCC benefits;

     (4) Only have your information shared with other agencies when required by federal or state regulations;

     (5) Get a written notice((,)) at least ten days before ((the department makes)) we make changes to lower or stop benefits except as stated in WAC 388-290-0120;

     (6) Ask for a fair hearing if you do not agree with ((the department)) us about a decision per WAC 388-290-0260.

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

     (8) Have interpreter or translator service 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 388-290-0125; and

     (10) ((Refuse to speak to a)) Ask the fraud early detection (FRED) investigator from the division of fraud investigations (DFI) to come back at another time. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. This request will not affect your eligibility for benefits. If you refuse to cooperate (provide the information requested) with the investigator, it could affect your benefits.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0025, filed 12/19/01, effective 1/19/02.]

     (1) ((Supply the department with)) Give us information so we can determine your eligibility and authorize child care payments correctly;

     (2) Choose a provider who meets requirements of WAC 388-290-0125 and make your own child care arrangements;

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

     (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.

     (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.

     (6) Pay your in-home/relative provider the entire amount ((the department sends)) we send you for in-home/relative care listed on the remittance advice you receive with the warrant;

     (((6))) (7) Require the in-home/relative provider to sign a receipt when you pay the provider the amount we send you and your copayment. You must keep the receipts for one year for ((DSHS)) us to review on request;

     (((7) Notify WCCC staff, within five days, of any change in providers;))

     (8) ((Notify your provider within ten days when we change your child care authorization;

     (9) Provide notice to WCCC staff within ten days of any change in:

     (a) The number of child care hours needed (more or less hours);

     (b) Your household income to include TANF grant stops or starts;

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

     (d) Employment, school or approved TANF activity (starting, stopping or changing);

     (e) The address or phone number of your in-home/relative provider;

     (f) Your home address or telephone number; or

     (g) Your legal obligation to pay child support.

     (10) Report to your child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about your in-home/relative provider)) Cooperate with the quality assurance review process to remain eligible for WCCC. You become ineligible for WCCC benefits upon a determination of noncooperation by quality assurance and remain ineligible until you meet quality assurance requirements or thirty days from the determination of noncooperation.

     (9) Cooperate with the fraud early detection (FRED) investigator. If you refuse to cooperate (provide the information requested) with the investigator, it could affect your benefits.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0030, filed 12/19/01, effective 1/19/02.]

     (2) Notify your provider within ten days when we change your child care authorization;

     (3) Provide notice to WCCC staff within ten days of any change in:

     (a) The number of child care hours you need (more or less hours);

     (b) Your household income, including any TANF grant or child support increases or decreases;

     (c) Your household size such as any family member moving in or out of your home;

     (d) Employment, school or approved TANF activity (starting, stopping or changing);

     (e) The address and telephone number of your in-home/relative provider;

     (f) Your home address and telephone number; and

     (g) Your legal obligation to pay child support.

     (4) Report to your child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about your in-home/relative provider.

     (5) Report to the child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home.

[]

     (1) Paying a higher copayment;

     (2) Paying for extra hours of care when your activity requires more than ten hours a day of care;

     (3) Receiving an overpayment for care billed as a result of using care when you were not eligible for WCCC;

     (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). An overpayment for absent days can occur when care is used when you are not eligible for WCCC and can be up to five days a month;

     (5) Billing in-home/relative care when you are not eligible for WCCC.

[]

     (1) Determine your eligibility within thirty days from the date you applied (application date as described in WAC 388-290-0100(2)).

     (2) Allow you to choose your provider as long as they meet the requirements in WAC 388-290-0125;

     (((2))) (3) Review your chosen in-home/relative provider's background information.

     (((3))) (4) Authorize payments only to child care providers who allow you to see your children whenever they are in care;

     (((4))) (5) Only authorize payment when no adult in your WCCC family is "able ((or)) and available" to care for your children (under WAC 388-290-0020).

     (((5))) (6) Inform you of:

     (a) Your rights and responsibilities under the WCCC program at the time of application and ((eligibility review)) reapplication;

     (b) The types of child care providers we can pay;

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

     (d) Any change in your copayment during the authorization period except under WAC 388-290-0120(((4)))(5).

     (((6))) (7) Respond to you within ten days if you report a change of circumstance that affects your:

     (a) WCCC eligibility ((or));

     (b) Copayment; ((and

     (7))) or

     (c) Providers.

     (8) Provide prompt child care payments to your child care provider.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0035, 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, § 388-290-0035, filed 12/19/01, effective 1/19/02.]

     (1) An approved WorkFirst activity under WAC 388-310-0200;

     (2) Employment or self-employment. We consider "employment" or "work" to mean:

     (a) Engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States; or

     (b) Working in a federal or state paid work study program. You may receive WCCC for paid work study and transportation hours (not for the time you are in an unapproved activity).

     (3) Transportation time between the location of child care and your place of employment or approved activity;

     (4) Up to ten hours per week of study time before or after regularly scheduled classes or up to three hours of study time per day when needed to cover time between approved classes; and

     (5) Up to eight hours per day of sleep time when it is needed, such as if you work nights and sleep days.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0040, 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, § 388-290-0040, filed 12/19/01, effective 1/19/02.]

     (1) Employment or self-employment under WAC 388-290-0050. We consider "employment" or "work" to mean:

     (a) Engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States; or

     (b) Working in a federal or state paid work study program. You may receive WCCC for paid work study and transportation hours (not for the time you are in an unapproved activity), unless you meet requirements in subsection (2) of this WAC;

     (c) VISTA volunteers, Americorps, and Washington Service Corps (WSC) if the income is taxed.

     (2) ((Secondary education)) High school or general equivalency diploma (GED) program ((if you are age twenty-one or younger)) until you reach your twenty-second birthday.

     (3) Same-day job search if you are a TANF applicant;

     (4) The food stamp employment and training program under chapter 388-444 WAC;

     (5) Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under WAC 388-310-1000, 388-310-1050, 388-310-1200, or 388-310-1800, and you are:

     (a) Working:

     (i) Twenty or more hours per week; or

     (ii) Sixteen or more hours per week in a paid federal or state work study ((job)) program.

     (b) Participating in ((the educational program)) post secondary education for no longer than thirty-six months. Child care for post secondary education in this section is limited up to thirty-six months maximum regardless of the length of the school program. The thirty-six months includes months you attended post secondary education, supported by WCCC, while receiving TANF.

     (6) WCCC may be approved for activities listed in WAC 388-290-0040 (3) through (5), when needed.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0045, 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, § 388-290-0045, filed 12/19/01, effective 1/19/02.]

     (1) We consider "employment" or "work" to mean engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States;

     (2) You are eligible for the calculation discussed in subsection (4)(a) of this section one time only, for one self-employment venture. If you change self-employment, any months left up to the first six months are covered by child care according to subsection (4)(a)(i) of this section.

     (3) If you get TANF and are self employed:

     (a) You must have an approved self-employment plan under WAC 388-310-1700; and

     (b) The amount of WCCC you get for self-employment is equal to the number of hours in your approved plan;

     (c) Income from self employment while you are receiving TANF is determined by WAC 388-450-0085.

     (((2))) (4) If you don't get TANF((:

     (a) During the first six months of your WCCC eligibility, the number of hours of WCCC you can get will be calculated based on your self-employment earnings. The number of hours of WCCC you get is)) at the time of application for WCCC and it is a:

     (a) New self-employment business (established less than six months):

     (i) The hours of care you are eligible to receive for the first six months is based on your report of how many hours are needed, up to sixteen hours per day; and

     (ii) Your self employment income is based on WAC 388-290-0060.

     (b) For a self-employment business (established for six months or more) the number of hours of care you are eligible to receive is based on whichever is more:

     (i) Your work hours reported in your business records; or

     (ii) The average number of monthly hours equal to dividing your monthly self-employment income by the federal or state minimum wage (whichever minimum wage is lower).

     (((b))) (c) After the first six months, the number of hours of WCCC you can get each month is based on the lesser of subsections (((2)(a))) (4)(b)(i) or (ii) of this section.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0050, 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, § 388-290-0050, filed 12/19/01, effective 1/19/02.]

     (1) We can authorize WCCC payments for a child's attendance in child care for up to ((two weeks)) fourteen consecutive days when you're waiting to enter an approved activity under WAC 388-290-0040 or 388-290-0045.

     (2) We can authorize WCCC payments for a child's attendance in child care for up to ((four weeks)) twenty-eight consecutive days if you or the other parent in the household experience a gap ((for reasons out of your control such as a layoff in employment, or approved activity, and:

     (a))) in your approved activity.

     (3) Your household may be eligible for payment described in subsection (2) of this section:

     (a) Twice in a calendar year;

     (b) For the same number of units open while you were in the approved activity, not to exceed two hundred thirty hours a month;

     (c) If you report the loss of activity or employment timely following WAC 388-290-0031; and

     (d) If you receive WCCC immediately before the loss of employment or approved activity, and:

     (i) Your employment, or the approved activity, will resume within that period; or

     (((b) You're)) (ii) You are looking for another job ((and you received WCCC immediately before the gap in employment, or approved activity)).

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0055, 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, § 388-290-0055, filed 12/19/01, effective 1/19/02.]

     (1) A TANF grant, except when exempt under WAC 388-290-0070(9);

     (2) Child support payments;

     (3) Supplemental Security Income (SSI);

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

     (5) Refugee assistance payments;

     (6) Payments from the Veterans' Administration, disability payments, or payments from labor and industries (L&I);

     (7) Unemployment compensation;

     (8) Other types of income not listed in WAC 388-290-0070;

     (9) VISTA volunteers, Americorps, and Washington Service Corps (WSC) if the income is taxed;

     (10) Gross wages from employment or self-employment. Gross wages includes any wages that are taxable. "Self-employment income" means your gross income from self-employment minus allowable business expenses in WAC 388-450-0085; ((and

     (10))) (11) Lump sums as money you get from a one-time payment such as back child support, an inheritance, or gambling winnings; and

     (12) Income for the sale of property as follows:

     (a) If you sold the property before application, we consider the proceeds an asset and do not count as income;

     (b) If you sold the property in the month you apply or during your eligibility period, we count it as a lump sum payment as described in WAC 388-290-0065(3).

     (c) Property does not include small personal items such as furniture, clothes, and jewelry.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0060, filed 12/19/01, effective 1/19/02.]

((We consider ...	... To equal ...
(1) The sum of all income listed in WAC 388-290-0060. We:	Your expected average monthly income.
(a) Determine the number of months it took your family to earn the income and divide the amount by those months to get an average monthly amount;
(b) Use the best available estimate of your family's current income when you don't have income history to make an accurate estimate of your future income; or
(c) Ask for evidence of your future income such as a letter from your employer.
(2) Lump sum payments received in the month of application or during your WCCC eligibility. We:
(a) Verify that any lump sum payment income presented to us is accurate;
(b) Divide the lump sum payment by twelve to come up with a monthly amount (we apply that amount to the month it was received and the remaining months of the current authorization period);
(c) Add any monthly lump sum amount to your expected average monthly income.	Total monthly income.
(3) Your total monthly income minus any child support paid out (through a court order, division of child support administrative order, or tribal government order).	Countable income. Your countable income is used to figure your initial and on-going eligibility and your copayment for WCCC.))

We use your countable income when determining your eligibility and copayment. Your countable income is the sum of all income listed in WAC 388-290-0060 minus any child support paid out (through a court order, division of child support administrative order, or tribal government order).

     (1) To determine your income we:

     (a) Determine the number of months, weeks or pay periods it took your family to earn the income and divide the income by the number of months, weeks or pay periods to get an average monthly amount; or

     (b) Use the best available estimate of your family's current income when you begin new employment or if you don't have an income history to make an accurate estimate of your future income, we may ask your employer to verify your income.

     (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.

     (3) If you receive a lump sum payment (such as money from the sale of property or back child support payment) in the month of application or during your WCCC eligibility we:

     (a) Divide the lump sum payment by twelve to come up with a monthly amount; and

     (b) Add the monthly amount to your expected average monthly income for the month it was received and the remaining months of the current authorization period;

     (c) You must meet income guidelines for WCCC after the lump sum payment is applied to remain eligible for WCCC.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0065, filed 12/19/01, effective 1/19/02.]

     (a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

     (b) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

     (c) Adoption support assistance and foster care payments;

     (d) Reimbursements, such as an income tax refund;

     (e) Diversion cash assistance and the early exit bonus;

     (f) Income in-kind that is untaxed, such as working for rent;

     (g) Military housing and food allowance;

     (h) The TANF grant for the first three consecutive calendar months after you start a new job. The first calendar month is the month in which you start working;

     (i) Payments to you ((by)) from your employer for benefits such as medical plans;

     (j) Earned income of a WCCC family member defined under WAC 388-290-0015(2);

     (k) Income of consumers described in WAC 388-290-0005 (1)(c) through (i);

     (l) Earned income from a minor child who we count as part of your WCCC household; and

     (m) Benefits received by children of Vietnam War veterans who are diagnosed with all forms or manifestations of spina bifida (except spina bifida occulta).

     (2) WCCC deducts the amount you pay for child support under court order, division of child support administrative order, or tribal government order, from your other countable income ((types)) when figuring your eligibility and co-pay for the WCCC program.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0070, filed 12/19/01, effective 1/19/02.]

     (1) Determine your family size (under WAC 388-290-0015); and

     (2) Determine your countable income (under WAC 388-290-0065).

     (3) If your family's countable monthly income falls within the range below, then your copayment is:

YOUR INCOME	YOUR COPAYMENT is:
At or below 82% of the FPL	$15
Above 82% of the FPL up to 137.5% of the FPL	$((25)) 50
Above 137.5% of the FPL -200% of the FPL	The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $((25)) 50
Income above 200% of the FPL, you are not eligible for WCCC benefits.

     (4) We do not pro-rate the copayment when you use care for part of a month.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0075, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0075, filed 12/19/01, effective 1/19/02.]

[]

     (a) ((Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

     (b))) Your monthly income decreases;

     (((c))) (b) Your family size increases;

     (((d))) (c) We make an error in your copayment computation;

     (d) You did not report all income, activity and household information;

     (e) You are no longer eligible for the ((three-month TANF grant exemption under WAC 388-290-0070(h) or the)) minimum copayment under WAC 388-290-0090;

     (f) We make a mass change in benefits due to a change in law or program funding; or

     (g) You are approved for a new eligibility period.

     (2) If your copayment changes during your eligibility period, the change is effective the first of the month following our becoming aware of the change.

     (3) We do not increase your copayment during your current eligibility period when your countable income remains at or below two hundred percent of the FPL, and:

     (a) Your monthly countable income increases; or

     (b) Your family size decreases.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0085, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0085, filed 12/19/01, effective 1/19/02.]

     (1) If your countable monthly income is at or below eighty-two percent of the FPL;

     (2) If you are a minor parent, and are:

     (a) Receiving TANF; or

     (b) Part of your parent's or relative's TANF ((grant)) assistance unit.

     (3) ((In)) For the first full month following the month you get a job((, if you get TANF at the time of application)) or apply for WCCC and we pay benefits; ((or))

     (4) ((The first month you receive WCCC, if you don't get TANF at the time of application for WCCC)) If there is a break of at least thirty days in your WCCC benefits due to your activity ending; or

     (5) If you received child care benefits within the last thirty days immediately prior to the eligibility period and you do not meet the qualifications in subsections (1) through (4) of this section, your copayment will be computed according to WAC 388-290-0075.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0090, filed 12/19/01, effective 1/19/02.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 02-12-069, filed 5/31/02, effective 7/1/02)

WAC 388-290-0095   If I receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?   When you receive TANF, and are eligible for WCCC, your benefits begin when your eligible provider (under WAC 388-290-0125) is caring for your ((child)) children and you are participating in an approved activity under WAC 388-290-0040 or 388-290-0055.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0095, 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, § 388-290-0095, filed 12/19/01, effective 1/19/02.]

     (a) You have turned in all your information ((in)) within thirty days of your application date;

     (b) You meet all eligibility requirements; and

     (c) Your eligible provider (under WAC 388-290-0125) is caring for your ((child(ren))) children.

     (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.

     (3) If you fail to turn in all your information within thirty days from your application date you must restart your application process. Your begin date for benefits ((begin date will start as)) is described in subsection (2) of this section.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0100, filed 12/19/01, effective 1/19/02.]

     (a) Requesting ((on-going eligibility review)) application information prior to the end date of your current WCCC eligibility period; and

     (b) ((Reviewing)) Verifying the requested information for completeness and accuracy.

     (2) ((Your)) You may be eligible for WCCC benefits ((may continue)) for a new eligibility period if:

     (a) Your ((review eligibility)) application information is received no later than ((ten days after your previous)) the last day of your current eligibility period ((ends));

     (b) Your provider is eligible for payment under WAC 388-290-0125; and

     (c) You ((are eligible for)) meet all WCCC eligibility requirements.

     (3) If you are determined eligible for WCCC benefits based on your ((review)) application information, ((the program will)) we notify you of ((continued benefits)) your new eligibility period and copayment.

     (4) If you provide the requested ((review)) application information to us ((more than ten days beyond your last)) anytime after your eligibility period ends, you are determined eligible for WCCC and you:

     (a) Receive TANF, your benefit begins when:

     (i) You are participating in your approved activity, and

     (ii) Your eligible provider (under WAC 388-290-0125) is caring for your child.

     (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;

     (ii) Eligible provider (under WAC 388-290-0125) is caring for your child;((;)) and

     (iii) Participation in an approved activity has started.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0105, 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, § 388-290-0105, filed 12/19/01, effective 1/19/02.]

     (1) Withdraw your request;

     (2) Are not eligible due to your;

     (a) Family compositions;

     (b) Income; or

     (c) Activity.

     (3) Did not provide information necessary to determine your eligibility according to WAC 388-290-0012.

[]

     (1) WAC 388-290-0095 if you are TANF; or

     (2) WAC 388-290-0100 if you are Non-TANF.

[]

     (a) ((Do not)) Pay copayment fees assessed by ((the department)) us and you do not make mutually acceptable arrangements with your child care provider to pay the copayment((are not made with your child care provider));

     (b) ((Do not)) Complete the requested ((review information)) reapplication before the deadline noted in WAC 388-290-0105 (2)(a); ((or))

     (c) ((Do not)) Meet other WCCC eligibility requirements related to family size, income and approved activities; or

     (d) Cooperate with the quality assurance review process or the with the division of fraud investigations.

     (2) You might be eligible for WCCC again when you meet all WCCC eligibility requirements, and:

     (a) Back copayment fees are paid; ((or))

     (b) You make mutually acceptable payment arrangements ((are made)) with your child care ((provider(s))) provider; or

     (c) You cooperate with the quality assurance review process or with the division of fraud investigations.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0110, filed 12/19/01, effective 1/19/02.]

     (1) You tell us you no longer want WCCC;

     (2) Your whereabouts are unknown to us;

     (3) You are receiving duplicate child care benefits;

     (4) Your current eligibility period is scheduled to end;

     (5) Your new ((authorization)) eligibility period results in a change in child care benefits;

     (((5))) (6) The location where child care occurs does not meet requirements under WAC 388-290-0130(2) ((or (3))); or

     (((6))) (7) We determine your in-home/relative provider:

     (a) Is not of suitable character and competence;

     (b) May cause a risk of harm to your children based on the provider's physical or mental health; or

     (c) Has been convicted of, or has charges pending for crimes ((listed in WAC 388-290-0160 or 388-290-0165)) posted on the DSHS secretary's list of permanently disqualifying convictions for ESA. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0120, 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, § 388-290-0120, filed 12/19/01, effective 1/19/02.]

     (1) Licensed as required by chapter 74.15 RCW;

     (2) Meeting their states licensing regulations, for providers who care for children in states bordering Washington. We pay the lesser of the following to qualified child care facilities in bordering states:

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

     (b) The DSHS maximum child care subsidy daily rate for the DSHS region where the child resides.

     (3) Exempt from licensing but certified by us, such as:

     (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.

     (4) Seasonal day camps that have a contract with us 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).

     (5) An in-home/relative provider meeting the requirements in WAC 388-290-0130;

     (6) You may choose to have up to one back up provider for any one-time period.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0125, 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, § 388-290-0125, filed 12/19/01, effective 1/19/02.]

     (a) Be a U.S. citizen or legally residing in the ((country)) United States;

     (b) Meet the requirements in WAC 388-290-0135; and

     (c) ((Complete and submit a criminal background inquiry form prescribed by us; and

     (d))) Be one of the following adult relatives providing care in the home of either the child or the relative:

     (i) An adult sibling living outside the child's home;

     (ii) An extended tribal family member under chapter 74.15 RCW; or

     (iii) A grandparent, aunt, uncle, or great-grandparent, great-aunt or great-uncle.

     (2) ((A)) An in-home, nonrelative provider ((may)) must:

     (a) Meet the requirements in subsection (1)(a) and (b) of this section; and

     (b) Be an adult friend or neighbor and ((must)) provide care in the child's ((own)) home.

     (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;

     (b) Have one back up provider (licensed or an in-home/relative provider);

     (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.

     (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.

     (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). Providers other than in-home/relative that you can use are described in WAC 388-290-0125.

     (6) The in-home/relative provider ((may not be)) is not eligible for payment if they are:

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

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

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

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

     (e) Anyone living in the same residence with the child.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0130, 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, § 388-290-0130, filed 12/19/01, effective 1/19/02.]

     (1) The in-home/relative child care provider's name and address and telephone;

     (2) A copy of the provider's valid Social Security card ((and));

     (3) A copy of the provider's photo identification ((to us));

     (((3))) (4) A completed background ((inquiry application)) check authorization; and

     (((4))) (5) A form supplied by us that is completed ((form that makes)) and signed by the consumer and provider in which both attest to the following ((assurances)):

     (a) The provider is:

     (i) Of suitable character and competence;

     (ii) Of sufficient physical and mental health to meet the needs of the children in care. If requested by us, you must provide written evidence that the in-home child care provider of your choice is of sufficient physical and mental health to be a safe child care provider;

     (iii) Able to work with the children without using corporal punishment or psychological abuse;

     (iv) Able to accept and follow instructions;

     (v) Able to maintain personal cleanliness; and

     (vi) Prompt and regular in job attendance.

     (b) The children are current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

     (c) The home where care is provided is safe for the care of the children;

     (d) The in-home/relative child care provider is informed about basic health practices, prevention and control of infectious disease, immunizations, and home and physical premises safety relevant to the care of the children; and

     (e) You and the provider state you have instructed the in-home/relative ((child care)) provider that they ((will have the following responsibilities)) are continuously responsible to provide:

     (i) ((Provide)) Constant care and supervision of the children throughout the arranged time of care in accordance with the needs of the children (constant care and supervision includes remaining awake while the children sleep); and

     (ii) ((Provide developmentally appropriate)) Activities for the children that are consistent with their developmental stages.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0135, 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, § 388-290-0135, filed 12/19/01, effective 1/19/02.]

     (1) Your ((in-home/relative)) provider does not meet the requirements in WAC 388-290-0130 or 388-290-0135;

     (2) You fail to submit a completed criminal background ((inquiry)) check form or copies of the provider's Social Security card ((and)), photo identification ((to the department)), and current address to us;

     (3) Your in-home/relative provider has been convicted of, or has charges pending for crimes posted on the DSHS secretary's list of disqualifying convictions for ESA. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/;

     (4) We do not have background check results according to WAC 388-290-0143; or

     (5) We determine your ((in-home/relative)) provider is not of suitable character and competence or of sufficient physical((, emotional)) or mental health to meet the needs of the child in care, or the household may be at risk of harm by this provider, as indicated by information other than conviction information((; or

     (4) Your in-home/relative provider has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165)). We will use criteria, such as the following, when reviewing information about incidents/issues/reports/findings:

     (a) Recency;

     (b) Seriousness;

     (c) Type;

     (d) Frequency; and

     (e) Relationship to the direct care of a child including health, mental health, learning, and safety.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0140, filed 12/19/01, effective 1/19/02.]

     (a) All in-home/relative providers who apply to care for a WCCC consumer's child; and

     (b) Any individual sixteen years of age or older who is residing with a provider when care occurs outside of the ((WCCC)) child's home.

     (2) A ((new)) background check must be completed((:

     (a))) for individuals listed in subsection (1)(a) and (b) of this section at least every two years((;

     (b) Any time a)).

     (3) Additional background checks must be completed for individuals listed in subsection (1)(a) and (b) of this section when:

     (a) Any individual sixteen years of age or older is newly residing with a provider when care occurs outside of the child's home;

     (b) We have a valid reason to do a check more frequently;

     (c) A in-home/relative provider applies to provide care for a ((WCCC)) family((;

     (c) For any individual sixteen years of age or older newly residing with a provider when care occurs outside of the WCCC child's home; or

     (d) When we have a valid reason to do a check more frequently.)), such as when:

     (i) A break in service occurs to the current consumer;

     (ii) There is a break in consumer eligibility; or

     (iii) A provider is currently providing care and there are no prior background results for this provider.

     (4) We do not need to request a new background check for an individual in subsection (1)(a) or (b) if:

     (a) We have results that were received no more than ninety days prior to the current requested start date of care; and

     (b) The results indicate that there is no record.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0143, filed 6/27/02, effective 7/1/02.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 02-14-066, filed 6/27/02, effective 7/1/02)

WAC 388-290-0145   Why is a background check required and will I be notified of the results?   (1) We require the background check to:

     (a) Help safeguard the health, safety, and well-being of children;

     (b) Reduce the possible risk of harm from persons who have been convicted or have charges pending of certain crimes having access to WCCC children ((that have been convicted of certain crimes)); and

     (c) Help you make informed((, safe and responsible)) decisions about individuals who have access to your children.

     (2) ((As a)) We notify you, the WCCC consumer((, you will be notified)):

     (a) Whether we can approve the provider for the WCCC program; and

     (b) Of the following results from the background check:

     (i) No background information is found given current sources of information;

     (ii) Background information is found, but the information will not disqualify the individual being checked; or

     (iii) Background information is found that disqualifies the individual being checked.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0145, filed 6/27/02, 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, § 388-290-0145, filed 12/19/01, effective 1/19/02.]

     (2) Additional sources may include:

     (a) Child/adult protective service case information; and

     (b) Civil judgments, determinations, or disciplinary board final decisions of abuse or neglect.

     (3) ((The)) We obtain background information ((may be obtained from sources such as:

     (a))), at a minimum, from the Washington state patrol under chapter 10.97 RCW((;

     (b))) via the background check central unit (BCCU).

     (4) Additional sources of the background information may be obtained from:

     (a) Child/adult protective service case files;

     (((c))) (b) Other states and federally recognized Indian tribes;

     (((d))) (c) The department of corrections and the courts;

     (((e))) (d) Law enforcement records of convictions and pending charges in other states or locations if:

     (i) The individual being checked has lived in another state; and

     (ii) Reports from credible community sources indicate a need to investigate another state's records.

     (((e) Self-disclosure by))

     (f) The individual being checked self-discloses information.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0150, filed 6/27/02, 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, § 388-290-0150, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-14-066, filed 6/27/02, effective 7/1/02)

WAC 388-290-0155   What happens after ((we receive)) the WCCC program receives the background information?   After we receive the background information we:

     (1) Compare the background information with convictions ((listed in WAC 388-06-0170 and 388-06-0180)) posted on the DSHS secretary's list of disqualifying convictions for economic services administration (ESA). You can find the complete list at http://www.dshs.wa.gov/esa/dccel/.

     (2) Review the background information using the following rules:

     (a) We give the same weight to a pending charge for a crime ((is given the same weight)) as a conviction;

     (b) If the conviction has been renamed ((it is given)), we give the same weight as the previous named conviction. For example, larceny is now called theft;

     (c) We give convictions whose titles are preceded with the word "attempted" ((are given)) the same weight as those titles without the word "attempted"; and

     (d) We do not consider the crime ((will not be considered)) a conviction for the purposes of WCCC when:

     (i) It has been pardoned; or

     (ii) A court of law acts to expunge, dismiss, or vacate the conviction record.

     (3) Notify you whether or not we are able to approve the provider for WCCC.

     (4) Allow you, the consumer, to decide character and suitability of the provider ((given an individual's)) when an individual is not automatically ((disqualifying)) disqualified due to the background information from the record of arrests and prosecutions (RAP) sheet.

     (5) Deny or stop payment when the background information disqualifies the individual being checked.

     (6) Assist you in finding other child care arrangements.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0155, filed 6/27/02, 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, § 388-290-0155, filed 12/19/01, effective 1/19/02.]

     (e) Any federal or out-of-state conviction for an offense that under the laws of this state would disqualify you from having unsupervised access to children or vulnerable adults in any home or facility)). You can find the complete list at http://www.dshs.wa.gov/esa/dccel/.

     (2) If the conditions in WAC 388-290-0167 (1)(a) and (b) are met, the disqualifying background of an individual sixteen years of age or over living with the provider may not permanently disqualify the provider.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0160, filed 6/27/02, 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, § 388-290-0160, filed 12/19/01, effective 1/19/02.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 02-14-066, filed 6/27/02, effective 7/1/02)

WAC 388-290-0165   Is there other background information or convictions that will disqualify my in-home/relative provider?   (1) We can disqualify your in-home/relative provider ((can be disqualified)) if the individual being checked has a background containing information other than conviction information that we determine:

     (a) Makes the individual not of suitable character and competence or of sufficient physical or mental health to meet the needs of the child in care; or

     (b) Puts the household at risk for harm.

     (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((:

     (a) Any physical assault not included in WAC 388-290-0160;

     (b) Any sex offense not included in WAC 388-290-0160;

     (c) Any felony conviction not included in WAC 388-290-0160;

     (d) Felony violation of the following drug-related crimes:

     (i) The Imitation Controlled Substances Act (for substances that are falsely represented as controlled substances, see chapter 69.52 RCW);

     (ii) The Legend Drug Act (prescription drugs, see chapter 69.41 RCW);

     (iii) The Precursor Drug Act (substance used in making controlled substances, see chapter 69.43 RCW);

     (iv) The Uniform Controlled Substances Act (illegal drugs or substances, see chapter 69.50 RCW); or

     (v) Unlawfully manufacturing, delivering or possessing a controlled substance with intent to deliver, or unlawfully using a building for drug purposes.

     (e) Any federal or out-of-state conviction for an offense that under the laws of this state would disqualify you from having unsupervised access to children or vulnerable adults in your home or facility not less than five years from a conviction listed in this section)) for five years after the conviction date. You can find the complete list at http://www.dshs.wa.gov/esa/dccel/.

     (3) If an individual being checked has:

     (a) A conviction listed in subsection (2)(((a) through (e))) of this section, and it has been more than five years; or

     (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:

     (i) ((The)) Amount of time that has passed since the conviction;

     (ii) ((The)) Seriousness of the crime that led to the conviction;

     (iii) ((The)) Individual's age at the time of conviction;

     (iv) ((The)) Individual's behavior since the conviction;

     (v) ((The)) Number and types of convictions in the individual's background; and

     (vi) ((Documentation indicating the individual has successfully completed)) Individual's verification, if any, of successful completion of all court-ordered programs and restitution.

     (4) If conditions in WAC 388-290-0167 (1)(a) and (b) are met, the disqualifying background of an individual sixteen years of age or over living with the provider may not disqualify the provider ((if conditions in WAC 388-290-0167 (1)(a) and (b) are met)).

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0165, filed 6/27/02, 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, § 388-290-0165, filed 12/19/01, effective 1/19/02.]

     (a) Child care occurs in the child's home away from the disqualified individual, if you wish to continue using that provider; and

     (b) The parent and provider sign an agreement with us indicating that:

     (i) Care ((will occur)) occurs in the child's home; and

     (ii) There ((will be)) is no contact between the child and disqualified individual during child care hours.

     (2) The parent may choose a licensed provider or submit an application for a different in-home/relative provider.

     (3) If we become aware that the parent and provider are not meeting the conditions in subsection (1)(a) and (b) of this section:

     (a) We ((will)) terminate care without advance and adequate notice;

     (b) You ((will)) need to find a different provider; and

     (c) You may be subject to an overpayment under WAC 388-290-0270.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-066, § 388-290-0167, filed 6/27/02, effective 7/1/02.]

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

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0180, filed 12/19/01, effective 1/19/02.]

     (a) Basic child care hours, either full day, half day or hourly. We authorize:

     (i) ((A)) Full day ((of)) child care ((is authorized)) to licensed((/)) or certified facilities and DSHS contracted seasonal day camps ((that have contracted with us to provide subsidized child care)) when your children need care ((is needed)) for five or more hours per day;

     (ii) ((A)) Half day ((of)) child care ((is authorized)) to licensed((/)) or certified facilities and DSHS contracted seasonal day camps ((that have contracted with us to provide subsidized child care)) when your children need care ((is needed)) for less than five hours per day; and

     (iii) Hourly child care ((is authorized when the provider is an)) for in-home/relative child care.

     (b) A registration fee (under WAC 388-290-0245);

     (c) ((An activity)) A field trip fee (under WAC 388-290-0245);

     (d) ((Care for nonstandard hours (under WAC 388-290-0210 and 388-290-0215);

     (e))) An infant bonus (under WAC 388-290-0250); and

     (((f))) (e) Special needs care when the child has a documented need for higher level of care (under WAC 388-290-0220, 388-290-0225, 388-290-0230, and 388-290-0235).

     (2) ((We pay more than the basic child care subsidy daily rate if:

     (a))) If care is not available within a reasonable distance at our daily rate ((within a reasonable distance)), then we authorize the provider's usual daily rate ((is authorized; or

     (b))).

     (3) If care is over ten hours per day, and the provider's policy is to charge for these extra hours, then we authorize an additional amount of care ((is authorized)).

     (4) Refer to WAC 388-290-0270, 388-290-0271, and 388-290-0273 for when overpayments can be assessed to you or your provider.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0190, 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, § 388-290-0190, filed 12/19/01, effective 1/19/02.]

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

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

		Infants (((Birth)) 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
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.

[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.]

     (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 - ((12)) 11 yrs)
Region 1	Full-Day Half-Day	$20.00 $10.00	$18.00 $9.00	$18.00 $9.00	$16.00 $8.00
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 ((home)) WAC 388-155-010 allows providers to ((provide)) care ((to)) for children ((within a)) from birth ((through eleven years of age range exclusively)) up to and including the day before their twelfth birthday. In order for a family home provider to ((provide)) 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, 74.13.085. 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.]

     (1) Be thirteen to nineteen years old and be under court supervision; or

     (2) Be under nineteen years old, and;

     (((2))) (a) Have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care while in the care of the licensed or certified facility, a DSHS contracted seasonal day camp or in-home/relative provider; and

     (((3))) (b) Have their condition and need for higher level of care verified by an individual who is ((:

     (a))) not employed by the child care facility((;)) and

     (((b))) is either a:

     (i) Health, mental health, education or social service professional with at least a master's degree; or

     (((c) A)) (ii) Registered nurse.

     (((4) Be thirteen to nineteen years old and be a dependent of the courts.))

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0220, filed 12/19/01, effective 1/19/02.]

     (((1))) (a) The provider's reasonable documented additional cost associated with the care of the child; or

     (((2))) (b) The daily rate listed in the table below after you have verified that your child has a special need and requires a higher level of care according to WAC 388-290-0220:.

		Infants (((Birth)) One month - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$7.30 $3.65	$6.14 $3.07	$5.80 $2.90	$5.45 $2.73
Region 2	Full-Day Half-Day	$7.36 $3.68	$6.15 $3.08	$5.70 $2.85	$5.05 $2.52
Region 3	Full-Day Half-Day	$9.75 $4.88	$8.13 $4.06	$7.02 $3.51	$6.82 $3.41
Region 4	Full-Day Half-Day	$11.35 $5.67	$9.48 $4.74	$7.95 $3.98	$7.16 $3.58
Region 5	Full-Day Half-Day	$8.32 $4.16	$7.16 $3.58	$6.30 $3.15	$5.59 $2.80
Region 6	Full-Day Half-Day	$8.18 $4.09	$7.02 $3.51	$6.14 $3.07	$6.00 $3.00

     (2) The child care provider must verify the child's additional care needs when they request a rate above that listed in subsection (1)(b) of this section. The verification should include details about all of the child's additional needs in relevant areas such as environmental accommodations, ambulation, eating, personal hygiene, communication, and behavior.

     (3) If a provider is requesting one-on-one supervision or direct care for the child with special needs the person providing the one-on-one care must be:

     (a) At least eighteen years of age; and

     (b) Meet the requirements for being an assistant under chapter 388-295 WAC.

     (4) If the provider has a waiver to care for a child who:

     (a) Is thirteen years or older; and

     (b) Has special needs according to WAC 388-290-0220, we authorize the special needs payment rate as described in subsection (1) of this section using the five to twelve year age range for comparison.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0225, 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, § 388-290-0225, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-12-069, filed 5/31/02, effective 7/1/02)

WAC 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))?   (1) In addition to the rate listed in WAC 388-290-0205, we authorize special needs daily rates to licensed or certified family home child care ((homes under WAC 388-290-0205 and whichever of)) providers according to whichever of the following is greater:

     (a) The provider's reasonable documented additional cost associated with the care of the child; or

     (b) The daily rate listed in the table below((.)) after you have verified that your child has a special need and requires a higher level or care according to WAC 388-290-0220:

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - ((12)) 11 yrs)
Region 1	Full-Day Half-Day	$6.00 $3.00	$5.40 $2.70	$5.40 $2.70	$4.80 $2.40
Region 2	Full-Day Half-Day	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55	$5.10 $2.55
Region 3	Full-Day Half-Day	$8.70 $4.35	$7.50 $3.75	$6.60 $3.30	$6.00 $3.00
Region 4	Full-Day Half-Day	$9.00 $4.50	$8.90 $4.45	$7.50 $3.75	$7.20 $3.60
Region 5	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55
Region 6	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$6.00 $3.00	$5.70 $2.85

     (2) ((The family child care home WAC 388-155-010 allows providers to provide care to children within a birth through eleven years of age range exclusively. In order for a family home provider to provide 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.)) A family home child care provider must verify the child's additional care needs when they request a rate above that listed in subsection (1)_(b) of this section. The verification should include details about all of the child's additional needs in relevant areas such as environmental accommodations, ambulation, eating, personal hygiene, communication, and behavior.

     (3) If the provider has a waiver to care for a child who:

     (a) Is twelve years or older; and

     (b) Has special needs according to WAC 388-290-0220, we authorize the special needs payment rate as described in subsection (1) of this section using the five to eleven year age range for comparison.

     (4) If a provider is requesting one-on-one supervision/direct care for the child with special needs. The person providing the one-on-one care must be:

     (a) At least eighteen years old; and

     (b) Meet the requirements for being an assistant under chapter 388-155 WAC.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0230, 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, § 388-290-0230, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-01-135, filed 12/19/01, effective 1/19/02)

WAC 388-290-0235   What is the DSHS in-home/relative child care daily rate for children with special needs?   (1) ((DSHS authorizes)) We authorize a base rate of two dollars and six cents an hour for in-home/relative child care ((for care of a child with)) when a child has verified special needs and ((the lesser of:

     (2) The provider's reasonable documented additional cost associated with the care for that child with special needs; or

     (3) Sixty-two cents per hour)) requires a higher level of care according to WAC 388-290-0220.

     (2) In addition to the base rate, we authorize whichever of the following is greater:

     (a) Sixty-two cents per hour; or

     (b) The provider's reasonable documented additional cost associated with the care for that child.

     (3) The in-home/relative provider must verify the child's additional care needs when they request a rate above that listed in subsection (1)(a) of this section. The verification must include details about all the child's additional needs in relevant areas such as environmental accommodations, ambulation, eating, personal hygiene, communication, and behavior.

     (3) If other children in the home are also authorized for in-home/relative care with the same provider, we authorize:

     (a) Two dollars and six cents an hour for the child needing the most care; and

     (b) One dollar and three cents an hour for any additional children.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0235, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-12-069, filed 5/31/02, effective 7/1/02)

WAC 388-290-0245   When can the WCCC program authorize payment of fees for registration?   (1) We pay licensed or certified child care providers and DSHS contracted seasonal day camps ((that have contracts with us to provide subsidized child care)) a registration fee once per calendar year of fifty dollars per child or the provider's usual fee, whichever is less only if the fees are:

     (a) Required of all parents whose children are in care with that provider; and

     (b) Needed to maintain the child care arrangement.

     (2) The registration fee may be authorized more than once per calendar year when:

     (a) There is a break in your child care services for more than sixty days and the provider's ((usual)) policy is to charge an additional registration fee when there is a break in care; or

     (b) The children change child care providers and the new provider meets subsection (1)(a) and (b) of this section.

     (((3) The WCCC program pays licensed or certified child care providers a monthly activity fee of twenty dollars per child or the provider's actual cost for the activity, whichever is less only if the fees meet the conditions in subsection (1)(a) and (b) of this section.))

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0245, 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, § 388-290-0245, filed 12/19/01, effective 1/19/02.]

     (a) Admission;

     (b) Transportation (not to include the provider's gas and insurance); and

     (c) The cost of hiring a nonemployee to provide an in-house field trip activity.

     (2) The field trip fee can only be reimbursed for children three years of age and older.

[]

     (1) The child being cared for is less than twelve months of age;

     (2) The child care ((facility)) provider has not already received a bonus for that infant, from the WCCC program or any other subsidy program;

     (3) We expect care to be provided for five days or more; and

     (4) The provider ((must care)) cares for the infant a minimum of five days ((in order to claim the bonus)).

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0250, filed 12/19/01, effective 1/19/02.]

     (1) You ((do not pay)) have not paid your in-home/relative child care provider:

     (a) Your copayment ((and/)); or

     (b) The entire amount the department sends you for in-home/relative child care;

     (((2))) and

     (i) You have not reported the WCCC warrant lost, stolen, or destroyed;

     (ii) We issued ((a)) the child care warrant to the correct address; and

     (iii) Twelve or more working days have passed since the issuance date((, and you have not reported the WCCC warrant lost, stolen, or destroyed;

     (3))).

     (2) You have a history of failing to pay your in-home/relative provider(s); or

     (((4))) (3) You have a protective payee for your TANF grant or for a Child ((SafetyNet)) Safety Net Payment.

[Statutory Authority: RCW 74.08A.010(4), 74.08A.340, 74.08.090, 74.04.050. 02-14-083, § 388-290-0255, filed 6/28/02, 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, § 388-290-0255, filed 12/19/01, effective 1/19/02.]

     (2) Licensed or certified child care providers can request hearings under chapter 388-02 WAC and RCW 43.20B.675 only for WCCC overpayments.

     (3) To request a hearing you or the licensed or certified provider:

     (a) Contacts the office which sent them the notice; or

     (b) Writes to the Office of Administrative Hearings, ((919 Lakeridge Way SW, PO Box 42488)) PO Box 42489, Olympia WA 98504-((2488))2489; and

     (c) Makes the request for a hearing within:

     (i) Ninety days of the date a decision is received for consumers; or

     (ii) Twenty-eight days of the date a decision is received for providers (per RCW 43.20B.675).

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0260, filed 12/19/01, effective 1/19/02.]

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

     (b) No more than ten days after ((the department sends)) we send you a notice of adverse action.

     "Adverse action" means an action to reduce or terminate your WCCC, or to set up a protective payee to receive your WCCC warrant for you.

     (2) If you lose a hearing, any WCCC you use between the date of the adverse action and the date of the hearing or hearing decision is an overpayment to you, the consumer.

     (3) If you are a WCCC consumer, you may not receive WCCC benefits pending the outcome of a hearing if you request payment to a provider who is not eligible under WAC 388-290-0125.

     (4) If you are eligible for WCCC, you may receive child care benefits for another eligible provider, pending the outcome of the hearing.

[Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0265, filed 12/19/01, effective 1/19/02.]

     (a) Occurs when you or a provider ((has received)) receives benefits or payment from WCCC that you or they are not eligible to receive;

     (b) Is ((written by us and)) expected to be paid back by you or the provider; and

     (c) Is written for the month care is billed for, not the month it is paid or the month the overpayment is written.

     (2) ((We establish WCCC overpayments, regardless of whether you are a current or past WCCC consumer, when we made payment for WCCC benefits and:

     (a) You are no longer eligible or you are eligible for a smaller amount of care;

     (b) You knowingly fail to report information to us that affects the amount of WCCC you are eligible for; or

     (c) You do not have attendance records and payment receipts to support the amount you billed us for in-home/relative care.

     (3))) When setting up an overpayment, we reduce the WCCC overpayment by the amount of the WCCC underpayment when applicable.

     (((4))) (3) In areas not covered by this section, you are subject to chapter 388-410 WAC (Benefit errors).

     (((5) We set up overpayments starting the date that we paid for WCCC when you were not eligible or eligible for a lesser amount of care.

     (6) We establish WCCC overpayments for licensed/ certified child care providers and contracted seasonal day camps, when:

     (a) The provider receives payment for WCCC services not provided;

     (b) The provider does not have attendance records that support the billing;

     (c) We pay the provider more than they are eligible to bill; or

     (d) The provider receives payment from us and the provider is not eligible based on WAC 388-290-0125)) (4) Payments made through departmental error fall under subsection (1) of this section.

     (5) Absent days can be added to an overpayment, either yours or the provider's, when care is used or billed when you were not eligible for WCCC per WAC 388-290-0032 or care is billed incorrectly.

[Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0270, 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, § 388-290-0270, filed 12/19/01, effective 1/19/02.]

     (1) You are no longer eligible or you are eligible for a smaller amount of care;

     (2) You fail to report information to us that results in an error in our determination of:

     (a) Your eligibility;

     (b) The amount of care authorized; or

     (c) The amount of your copayment.

     (3) Your provider does not meet the requirements in WAC 388-290-0130;

     (4) You use DSHS WCCC subsidized payment to pay a person who has not been determined an eligible provider by WCCC;

     (5) You do not have attendance records and payment receipts to support the amount you billed us for in-home/relative care;

     (6) You cannot provide verification that you have paid your provider the DSHS WCCC subsidized payment.

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     (a) The provider receives payment for WCCC services not provided;

     (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 for attendance record requirements). Only attendance records meeting WAC requirements will be accepted for attendance verification;

     (c) We pay the provider more than they are eligible to bill;

     (d) The provider received payment from us and the provider is not eligible based on WAC 388-290-0125; or

     (e) The provider is caring for a child outside their licensed allowable age range without a waiver.

     (2) The worker may request documentation from the provider when preparing to establish an overpayment. The provider has fourteen consecutive calendar days to supply any requested documentation.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-290-0080	When does the WCCC program determine and review my eligibility and copayments?
WAC 388-290-0210	When can the WCCC program authorize the nonstandard hour child care bonus?

© Washington State Code Reviser's Office