Purpose: This filing continues emergency rules filed as WSR 04-21-024, 04-14-014 and 04-01-024. A notice of intent was filed as WSR 04-19-102, and the department is circulating draft rules for public review before filing the formal proposed rule. These emergency rules are needed to implement section 9, chapter 276, Laws of 2004, that directed the department to pay a subsidy increase for working connections child care providers in Region 1 during fiscal year 2005 (July 1, 2004, through June 30, 2005).

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

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

     Other Authority: Chapter 276, Laws of 2004.

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

     Reasons for this Finding: Emergency rules are needed to adopt the legislative intent of chapter 276, Laws of 2004 - the 2003-2005 Omnibus Operating Budget (2004). In budget detail documents, the legislature stated its intent that "funding is provided for a working connections child care subsidy rate increase for child care providers in urban areas of Region One."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: February 2, 2005.

Andy Fernando, Manager

Rules and Policies Assistance Unit

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

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

		Infants (One month - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$24.32 $12.16	$20.45 $10.23	$19.32 $9.66	$18.18 $9.09
Spokane County	Full-Day Half-Day	$24.98 $12.49	$21.00 $10.51	$19.84 $9.92	$18.67 $9.34
Region 2	Full-Day Half-Day	$24.55 $12.27	$20.50 $10.25	$19.00 $9.50	$16.82 $8.41
Region 3	Full-Day Half-Day	$32.50 $16.25	$27.09 $13.55	$23.41 $11.70	$22.73 $11.36
Region 4	Full-Day Half-Day	$37.82 $18.91	$31.59 $15.80	$26.50 $13.25	$23.86 $11.93
Region 5	Full-Day Half-Day	$27.73 $13.86	$23.86 $11.93	$21.00 $10.50	$18.64 $9.32
Region 6	Full-Day Half-Day	$27.27 $13.64	$23.41 $11.70	$20.45 $10.23	$20.00 $10.00

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

     (3) If the center provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited waiver and the child must meet the special needs requirement according to WAC 388-290-0220.

     (4) Rates for Spokane County are in effect from July 1, 2004 through June 30, 2005 only. After June 30, 2005, Region 1 daily rates in WAC 388-290-0200 will include Spokane County.

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021, § 388-290-0200, filed 3/29/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0200, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0200, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 04-08-021 [and 04-08-134], filed 3/29/04, effective 5/28/04)

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

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

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

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 11 yrs)
Region 1	Full-Day Half-Day	$20.00 $10.00	$18.00 $9.00	$18.00 $9.00	$16.00 $8.00
Spokane County	Full-Day Half-Day	$20.54 $10.27	$18.49 $9.24	$18.49 $9.24	$16.43 $8.22
Region 2	Full-Day Half-Day	$20.00 $10.00	$19.00 $9.50	$17.00 $8.50	$17.00 $8.50
Region 3	Full-Day Half-Day	$29.00 $14.50	$25.00 $12.50	$22.00 $11.00	$20.00 $10.00
Region 4	Full-Day Half-Day	$30.00 $15.00	$29.67 $14.83	$25.00 $12.50	$24.00 $12.00
Region 5	Full-Day Half-Day	$22.00 $11.00	$20.00 $10.00	$19.00 $9.50	$17.00 $8.50
Region 6	Full-Day Half-Day	$22.00 $11.00	$20.00 $10.00	$20.00 $10.00	$19.00 $9.50

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

     (3) If the family home provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited waiver and the child must meet the special needs requirement according to WAC 388-290-0220.

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

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

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

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

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

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

     (6) Rates for Spokane County are in effect from July 1, 2004 through June 30, 2005 only. After June 30, 2005, Region 1 daily rates in WAC 388-290-0205 will include Spokane County.

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021, § 388-290-0205, filed 3/29/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0205, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0205, filed 12/19/01, effective 1/19/02.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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