EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Purpose: This filing continues emergency rules filed as WSR 04-21-024, 04-14-014, 05-05-024, and 05-13-192. A notice of intent was filed as WSR 05-13-175, and the department circulated draft rules for public review. 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). The fiscal year budget 2006-2007 (ESSB 6090, 2005 legislative session) continued to include funding for these rates as well as for statewide rate increases. The rules will continue to be filed as emergencies based on new budget legislation. This emergency rule will be superseded when permanent rules filed as WSR 05-20-051 become effective.
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; and ESSB 6090 for fiscal year 2006-2007 (2005 session).
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) and to continue with the increase per fiscal year 2006-2007 budget while the department continues toward adoption of the permanent rule. Funding is specific for urban areas of region 1. Proposed rules have been filed as WSR 05-17-192, and a public hearing was held September 27, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: September 28, 2005.
Andy Fernando, Manager
Rules and Policies Assistance Unit
3433.3(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 |
(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 effective July 1, 2004 and are subject to funding allocated by the Legislature specifically for this purpose in the annual state operating budget. Otherwise, the region 1 rates apply to 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 [and 4/7/04], 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 |
(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 effective July 1, 2004 and are subject to funding allocated by the Legislature specifically for this purpose in the annual state operating budget. Otherwise, the region 1 rates apply to 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.