WSR 10-24-117

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed December 1, 2010, 11:24 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-15-116.

     Title of Rule and Other Identifying Information: Chapter 170-290 WAC, Working connections and seasonal child care programs, revising sections related to seasonal child care (SCC) subsidy program in Parts I and III of this chapter.

     Hearing Location(s): Skagit County Public Utility District (PUD) #1, "Aqua" Room, 1415 Freeway Drive (just off exit 227, on the west side of Interstate 5), Mount Vernon, WA 98273, on Wednesday, January 5, 2011, at 6:00 p.m. to 8:30 p.m.; and at the Yakima Valley Community College, Deccio Instructional Center, "Parker" Room, South 16th Avenue and Nob Hill Boulevard (Deccio Center and parking are along South 12th Avenue), Yakima, WA 98902, on Saturday, January 8, 2011, at 11:00 a.m. to 2:00 p.m.

     You may join these hearings anytime during the posted hours to offer your input or to hear what others are saying about the proposed rules. Spanish interpreters will be provided.

     The deadline for sending written comments on the proposed rules is midnight on Sunday, January 9, 2011. See the "submit written comments to" section of this notice on how to give written input on this proposal.

     Everyone who comments on the proposed rules either in writing or at a public hearing as directed in "submit written comments to" will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by e-mailing Rules@del.wa.gov, or by writing to the Department of Early Learning (DEL) Rules Coordinator, P.O. Box 40972, Olympia, WA 98504-0972.

     DEL encourages the public to use of the department's Facebook and DEL blog pages on the internet to post input about DEL programs and initiatives. However, for a written comment to be considered part of the official record for this proposal, and for the sender to receive the department's official response to comments in the concise explanatory statement, the comment must be received at the on-line, e-mail, fax or postal mail locations as described in this notice under "submit written comments to."

     Date of Intended Adoption: After January 10, 2011.

     Submit Written Comments to: DEL Rules Coordinator, P.O. Box 40972, Olympia, WA 98504-0972, DEL On-line Comment Web Site https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 725-4939, by 11:59 p.m., January 9, 2011.

     Assistance for Persons with Disabilities: Contact DEL rules coordinator by December 31, 2010, (360) 725-4665.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DEL is revising rules in chapter 170-290 WAC related to administration of the SCC subsidy program. The proposed rules shift responsibility for processing of family applications for SCC and determining SCC eligibility from DEL-contracted community agencies to the department of social and health services (DSHS). Where appropriate, the rules more closely align SCC eligibility requirements and determination procedures with those for the working connections child care (WCCC) subsidy program. The proposed changes are expected to reduce DEL administrative costs by about $254,000 in state fiscal year (SFY) 2011, and approximately $1 million per year in succeeding years.

     The SCC program helps families working in seasonal agriculture and related processing jobs pay for child care. Families must meet income limit rules and must pay for part of their child care each month. The family's "copayment" amount is based on the family's income.

     Reasons Supporting Proposal: On September 13, 2010, Governor Chris Gregoire issued Executive Order 10-04 directing DEL and other state agencies to make across-the-board spending cuts of nearly 6.3 percent in SFY 2011. The state's continued slow economic recovery, reduced tax revenues and loss of certain anticipated federal supports have left the state unable to meet the expenditure levels approved by the legislature in the 2010-2011 supplemental operating budget bill, ESSB 6444 (chapter 37, Laws of 2010 1st sp. sess.). The state by law cannot spend more money than it receives in revenue.

     DEL submitted proposed across-the-board cuts to the governor to meet the 6.3 percent budget reduction target, including transferring processing of SCC applications and making eligibility determinations to DSHS. (Find proposed across-the-board spending reduction proposals from all state agencies at http://www.ofm.wa.gov/reductions/default.asp.)

     Currently, DEL contracts with local community agencies in several areas of the state to accept SCC applications and meet with families to determine if they are eligible for the SCC program. The department plans to end current those contracts by March 2011 and transfer SCC application processing and eligibility determinations to DSHS. DSHS already provides these services to DEL for the WCCC subsidy program.

     The following table describes some of the significant changes to the SCC program in the proposed rules:


Under the current SCC rules Under proposed changes to the SCC rules
Where does a family apply for SCC? Families currently apply at local community agencies around the state contracted by DEL. Families would apply at their local DSHS office or by calling DSHS. (See proposed WAC 170-290-0002.)
In what areas of Washington state is the SCC program available? This is not clear in the current SCC rules. To receive SCC, a family must live in Adams, Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Okanogan, Skagit, Walla Walla, Whatcom or Yakima counties, and meet other SCC eligibility requirements. (See proposed WAC 170-290-3520 (1)(b).)
When does a parent need to verify the legal status of their child needing SCC child care subsidies? SCC contractors do not need to verify a child's citizenship or immigration status under current SCC WAC 170-290-3540. If the child's parent or parents are undocumented immigrants, DSHS would need to verify the citizenship or immigration status only of the child or children needing subsidized child care. The current WCCC WAC 170-290-0015 (1)(e) would apply.
Can a family receive SCC if they live in Washington but work in Oregon or Idaho?

 Yes currently, if the work site is within forty miles of Washington state. No. Under the proposed rules, the family must work in seasonal agriculture in Washington state and live in one of the counties listed in proposed WAC 170-290-3520. (See proposed WAC 170-290-3555(1).)
After applying for SCC benefits, how long do families have to turn in information to complete their application. The family generally has fourteen days from the application date to turn in all application information now. The family would have up to thirty days to turn in all application information. (See proposed WAC 170-290-3665 (1)(a).)
If a family is denied SCC services, how do they find out if they may be eligible for WCCC subsidies? Contractors do not determine if the family is eligible for other subsidy programs. The family would need to apply for WCCC subsidies on their own. DSHS would automatically determine if the family is eligible for WCCC subsidies if the family is denied SCC benefits. (See proposed WAC 170-290-3690(3).)
What types of income are "countable income" now that won't be countable under the proposed SCC changes? The following types of income are currently "countable income" under the SCC program:

•     Income listed in DSHS WAC 388-450-0035 (educational benefits), WAC 388-450-0040 (Native American benefits), and WAC 388-450-0055 (needs-based assistance)

•     DSHS diversion cash assistance

•     Insurance, property loss awards and other cash awards

•     Adoption support payments

 The following types of income will be added to the list of "excluded" income sources and will not be counted:

•     Income listed in DSHS WAC 388-450-0035, 388-450-0040, and 388-450-0055 Income listed in DSHS WAC 388-450-0035 (educational benefits), WAC 388-450-0040 (Native American benefits), and WAC 388-450-0055 (needs-based assistance)

•     DSHS diversion cash assistance

•     Insurance, property loss awards and other cash awards

•     Adoption support payments.

(See proposed WAC 170-290-3630)
Which child care providers can a parent use when they receive SCC subsidies? A family receiving SCC now may use a:

•     DEL-licensed or certified child care provider, or

•     DEL-contracted seasonal day camp

 A family receiving SCC may only place their children in a DEL-licensed or certified child care. (See proposed WAC 170-290-3750.)

(Note: No children would lose child care because of this rule change. There are no DEL-contracted seasonal day camps in areas where the state currently pays for SCC.)

     Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070, chapter 43.215 RCW.

     Statute Being Implemented: Chapter 37, Laws of 2010 1st sp. sess. (ESSB 6444), chapter 43.215 RCW.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Under section 501, chapter 265, Laws of 2006 (uncodified), DEL and DSHS jointly operate the WCCC program. DEL is responsible for WCCC policy-making and adopting rules for the program. DSHS staff accept WCCC applications, determine family eligibility, and process payments to child care providers who care for children who receive WCCC subsidized care. Under the proposed rules, DSHS would also provide the same functions for the SCC program.

     Name of Proponent: Department of early learning, governmental.

     Name of Agency Personnel Responsible for Drafting: Mark Rosen/Andy Fernando, DEL, Lacey, Washington, (360) 725-4665; Implementation: DSHS field offices and call centers, statewide; and Enforcement: DSHS field offices, statewide.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not create new requirements for affected child care businesses, and costs that may result from adopting these rules, if any, are expected to be minor. A small business economic impact statement is not required. The current rules describe "SCC contractor" duties reflected in DEL administrative contracts with several local community agencies across the state. SCC contractors have been notified that their contracts will end by March 2011. The proposed rules reflect that DSHS would be carrying out duties currently performed by the SSC contractors when the proposed rules are adopted.

     A cost-benefit analysis is not required under RCW 34.05.328. DEL is not listed among the state agencies required to comply with RCW 34.05.328.

December 1, 2010

Elizabeth M. Hyde

Director

OTS-3781.1


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0002   Scope of agency responsibilities.   (1) The responsibilities of the department of early learning (DEL) include, but are not limited to:

     (a) Determining child care subsidy policy for the WCCC and SCC programs, including determining thresholds for eligibility and copayment amounts and establishing rights and responsibilities. DEL is also designated as the lead agency for child care and development funds (CCDF) and oversees expenditure of CCDF funds; and

     (b) ((Contracting with community organizations to meet with families to see if they are eligible for the SCC program. SCC contractors are located in several communities across the state, and must follow the rules that DEL has established for the SCC program; and

     (c))) Serving as the designated representative for the state to implement the collective bargaining agreement under RCW 41.56.028 for in-home/relative providers as defined in WAC 170-290-0003(7), and for all licensed family child care providers.

     (2) The responsibilities of the department of social and health services (DSHS) include, but are not limited to, service delivery for the ((working connections child care ())WCCC(())) and SCC programs, including determining who is eligible for WCCC and SCC benefits, authorizing payments for these programs, and managing payments made to providers that receive WCCC and SCC subsidies.

     (3) This allocation between DEL and DSHS is pursuant to section 501(2), chapter 265, Laws of 2006 (2SHB 2964), in which the legislature transferred all of the powers, duties, and functions relating to the WCCC program from DSHS to DEL, except for eligibility staffing and eligibility payment functions, which remain in DSHS.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0002, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0003   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Collective bargaining agreement" or "CBA" means the most recent agreement that has been negotiated and entered into between the exclusive bargaining representative for all licensed and license-exempt family child care providers as defined in chapter 41.56 RCW.

     (2) "Consumer" or "eligible consumer" means the person applying for or receiving:

     (a) WCCC benefits as described in part II of this chapter; or

     (b) SCC benefits as described in part III of this chapter.

     (3) "Copayment" means the amount of money the consumer is responsible to pay the child care provider toward the cost of child care each month.

     (4) "DEL" means the department of early learning.

     (5) "DSHS" means the department of social and health services.

     (6) "Days" means calendar days unless otherwise specified.

     (7) "In-home/relative provider," referred to in the collective bargaining agreement as "license-exempt provider," means those providers who meet the requirements in WAC 170-290-0130 through 170-290-0167.

     (8) "In loco parentis" means the adult caring for an eligible child in the absence of the biological, adoptive, or step-parents, and who is not a relative, court-ordered guardian, or custodian.

     (9) "SCC" means the seasonal child care program, which is a child care subsidy program described in part III of this chapter that assists eligible families who are seasonally employed in agriculturally related work to pay for licensed or certified child care.

     (10) "WCCC" means the working connections child care program, which is a child care subsidy program described in part II of this chapter that assists eligible families in obtaining child care subsidies for approvable activities that enable them to work, attend training, or enroll in educational programs.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0003, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3510   SCC definitions.   The following definitions apply only to part III of this chapter relating to seasonal child care (SCC):

     (1) (("Application interview date" means the first date a consumer, as defined in WAC 170-290-0003, meets with the SCC contractor to see if the consumer is eligible for subsidy benefits.)) "Authorization" means the period of time that a consumer may receive SCC program subsidies for which he or she is eligible.

     (2) "Child care plan" means ((a state form)) an enhanced award letter filled out by ((the SCC contractor)) DSHS that ((tells)) states for the consumer and provider:

     (a) When ((benefits)) the authorization starts and ends;

     (b) The amount of the copayment; ((and))

     (c) The approved hours of care; and

     (d) Each child's eligibility for SCC program subsidies.

     (3) (("SCC contractor" means the agency that DEL has contracted with to meet with families to see if they are eligible for the seasonal child care program. SCC contractors are located in several communities across the state. SCC contractors are responsible to follow the SCC rules that DEL has established.)) "Eligibility" means that a consumer has met all of the requirements of part III of this chapter to receive SCC program subsidies. The eligibility period may be the same or longer than the authorization period.

     (4) "Seasonally available labor" or "seasonally available agricultural related work" means ((labor)) work that is available only in a specific season during part of the calendar year. The ((labor)) work is directly related to the cultivation, production, harvesting or processing of fruit trees or crops.

     (((5) "Waiting list" means a list of families who are currently working and waiting for seasonal child care subsidies when funding is not available to meet the requests from all eligible families.))

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3510, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3520   Eligible consumers.   (1) In SCC, an eligible consumer:

     (a) Is not currently receiving temporary aid for needy families (TANF)((,));

     (b) Lives in ((the state of)) one of the following Washington((,)) state counties: Benton, Franklin, Walla Walla, Adams, Chelan, Douglas, Grant, Kittitas, Okanogan, Yakima, Skagit, or Whatcom;

     (c) Has parental control of one or more children((,)); and

     (d) Is the child's:

     (((a))) (i) Parent, either biological or adopted;

     (((b))) (ii) Stepparent;

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

     (((d))) (iv) Adult sibling or step-sibling;

     (((e))) (v) Aunt;

     (((f))) (vi) Uncle;

     (((g))) (vii) Niece or nephew;

     (((h))) (viii) Grandparent; or

     (((i))) (ix) Any of the above relatives in (((e), (f), or (h))) (v), (vi), or (viii) of this subsection, with the prefix "great," such as great-aunt.

     (2) Consumers may be eligible for SCC ((benefits)) program subsidies if they:

     (a) Meet eligibility requirements in this chapter;

     (b) Participate in an approved activity under WAC 170-290-3555; and

     (c) Have countable income at or below ((two hundred percent of the federal poverty guidelines (FPG))) the maximum eligibility limit described in WAC ((170-290-3640)) 170-290-0005 (2)(d).

     (3) Consumers are not eligible for SCC ((benefits)) program subsidies if they:

     (a) Have a copayment, under WAC 170-290-0075, that is higher than the maximum monthly state child care rate for all of the consumer's children in care;

     (b) Were employed with one employer more than eleven months in the previous twelve months for a single-parent household;

     (c) Were the higher wage earners in a two-parent household and were employed with one employer more than eleven months in the previous twelve months. Lower wage earners in a two-parent household may have one employer more than eleven months in the previous twelve months;

     (d) Are receiving TANF benefits; or

     (((d))) (e) Are the only parent in the household and will be away from the home for more than thirty days in a row.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3520, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3530   Verifying consumers' information.   (1) A consumer must provide information to ((the SCC contractor)) DSHS to determine eligibility when:

     (a) The consumer initially applies for benefits;

     (b) The consumer reapplies for benefits; or

     (c) A change of circumstances occurs.

     (2) ((The SCC contractor)) A consumer's eligibility may change if:

     (a) DSHS finds out that the consumer's circumstances may have changed; or

     (b) The information DSHS has is inconsistent, conflicting, or outdated.

     (3) DSHS may accept any verification that the consumer can easily obtain when it reasonably supports the consumer's statement of his or her circumstances. The verification that the consumer gives to ((the SCC contractor)) DSHS must:

     (a) Clearly relate to information ((the SCC contractor)) DSHS is requesting;

     (b) Be from a reliable source; and

     (c) Be accurate, complete, current and consistent.

     (((3) The SCC contractor)) (4) DSHS will accept a variety of forms of verification to show the consumer is eligible. ((For example, any of the following documents are accepted to show the child is in the home: School records, immunization records or birth certificates, or other type of documents)) If DSHS requires verification from a consumer that costs money, DSHS must pay for the consumer's reasonable costs.

     (((4))) (5) If the verification that a consumer ((gives to the SCC contractor)) provides to DSHS is inconsistent, conflicting, or outdated ((or confusing, the SCC contractor)), DSHS may:

     (a) Ask ((a)) the consumer to provide ((the SCC contractor)) DSHS with more ((information or documentation)) verification or provide a collateral contact (a "collateral contact" is a statement from someone outside of the consumer's residence that knows the consumer's situation); or

     (b) ((Ask for)) Send an investigator from the DSHS division of fraud investigations (DFI) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).

     (((5))) (6) If a consumer does not provide ((the SCC contractor with)) all of the verification ((that the SCC contractor has)) requested, ((the SCC contractor)) DSHS will determine if ((the)) a consumer is eligible based on the information already available to ((the SCC contractor)) DSHS.

     (7) If all other attempts to verify income have been exhausted, DSHS may accept a consumer's income statements as verification of employment when a consumer cannot provide income through standard procedures.

     (8) DSHS staff verify if the consumer received TANF income during the previous twelve months.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3530, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3540   Eligibility -- Family size.   ((DEL)) DSHS determines a consumer's family size as ((follows:)) provided in WAC 170-290-0015.


(((1) If a consumer's family includes: Then DEL counts the following individuals as part of the family for SCC program eligibility:
(a) A single parent, including a minor parent, living independently or residing in her/his parent's home with her/his children. The consumer and the consumer's children.
(b) Unmarried parents living together who have at least one mutual child. Both parents and all their children living in the household.
(c) Unmarried parents living together with no mutual children. Each parent and their own children, as separate families.
(d) Married parents living together. Both parents and all their children living in the household.
(e) A legal guardian verified by a legal or court document; adult sibling or step-sibling; nephew or niece; aunt; uncle; grandparent; or great-aunt, great-uncle, or great-grandparent. Only the children and their income.
(f) A parent who is voluntarily out of the household for reasons other than employment, such as visiting a family member. The consumer, the absent parent and the children.
(g) A parent who is out of the household because of employer requirements, such as working in a different community, and is expected to return to the household. The consumer, the absent parent, and the children. Subsection (1)(b) and (d) of this section apply.
(h) An incarcerated parent. The incarcerated person is not part of the household count in determining income and eligibility. DEL counts all remaining household members. All other family rules in this section apply.
(2) If the consumer's household includes: Then in addition, DEL counts the sibling as part of the family for SCC program eligibility as follows:
(a) Eighteen year old siblings of the children who require care and are enrolled in secondary education 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 old who are participating in a program through the school district's special education department under RCW 28A.155.020. The person participating in the approved program through RCW 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 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3540, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3550   Eligibility -- Special circumstances.   (1) A consumer may be eligible for the SCC program when he or she:

     (a) Has children living with them in Washington state who are:

     (i) Younger than age thirteen; or

     (ii) Thirteen to nineteen years old and under court supervision; or

     (iii) Less than nineteen years old and have a verified special need according to WAC 170-290-0220; and

     (b) Is a parent in a two-parent family ((in which)) and both parents currently work in seasonally available agricultural related work.

     (2) If both parents are not currently employed in seasonally agricultural related work, the consumer may be eligible for SCC only when the other parent is "unable" to provide care for the children because of physical or mental restrictions. If a consumer claims one parent is unable to care for the children, the consumer must provide written documentation from a licensed medical or mental health professional that states the:

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

     (b) Expected duration and severity of the condition that keeps the parent from caring for the children.

     (3) ((For the previous twelve months before applying for SCC benefits,)) Fifty percent or more of the family's earned income must have come from seasonally available agricultural related work, during the twelve months prior to the SCC application for benefits.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3550, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3555   Eligibility -- Approved activities.   (1) A consumer may be eligible for SCC ((benefits)) program subsidies for up to sixteen hours per day for the time he or she is involved in seasonally available agricultural related work in((:

     (a) Washington state; or

     (b) A bordering state within forty miles of)) Washington state.

     (2) When the consumer is part of a two-parent family, both parents must be employed as described in subsection (1) of this section;

     (3) ((The SCC contractor)) DSHS may authorize care for:

     (a) Travel time only between the child care location and the employment location ((only));

     (b) Job search, of no more than five days per month, if the consumer's seasonally available agricultural related work ends and he or she is still eligible and continues to need child care; or

     (c) Sleep time, up to eight hours per day when needed, if the consumer works nights and sleeps days.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3555, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3560   Consumers' rights.   When a consumer applies for or receives SCC ((benefits)) program subsidies, he or she has the right to:

     (1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations and policies;

     (2) Have the consumer's application accepted and acted upon within thirty days;

     (3) Be informed, in writing, of the consumer's legal rights and responsibilities related to the SCC ((benefits)) subsidy program;

     (4) Have the consumer's information shared with other agencies only when required by federal or state regulations;

     (5) Be allowed to choose a licensed or certified child care provider as long as the provider meets requirements in WAC 170-290-3750;

     (6) Receive a written notice at least ten days before changes are made to lower or stop benefits except as stated in WAC 170-290-3730;

     (7) Ask for an administrative hearing if the consumer does not agree with a decision per WAC 170-290-3860;

     (8) Ask to speak to ((the SCC contractor's)) a supervisor or administrator at DSHS to review a decision or action affecting the consumer's benefits without affecting the consumer's right to an administrative hearing;

     (9) Have interpreter or translator services provided by ((the SCC contractor)) DSHS within a reasonable amount of time and at no cost to the consumer;

     (10) Refuse to speak to a fraud early detection (FRED) investigator from the ((department of social and health services)) DSHS division of fraud investigations (DFI) when they ask to come into your home. This request will not affect eligibility for SCC program subsidies. If the consumer refuses to cooperate with the investigator at a later date, it could affect his or her ((benefits)) SCC program subsidies;

     (11) Access his or her child at all times while the child is in child care;

     (12) Terminate child care without cause and without notice to the provider. Notice must be given to ((the SCC contractor)) DSHS within five days of termination; and

     (13) Not be charged by the consumer's licensed or certified provider, or be made to pay, for:

     (a) The difference between ((their)) the child care provider's private rate and the state maximum child care subsidy rate, when their private rate for child care or the registration fee is higher;

     (b) Any day when the consumer's child is absent;

     (c) Vacation days when the provider chooses to close;

     (d) A higher amount than the state allows for field trips;

     (e) A preschool tuition fee in addition to regular child care services; or

     (f) Child care services after the final day of care, when the provider chooses to stop caring for the consumer's children.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3560, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3565   Consumers' responsibilities.   When a consumer applies for or receives SCC ((benefits)) program subsidies, he or she must:

     (1) Give ((the SCC contractor)) DSHS correct and current information so that ((the SCC contractor)) DSHS can determine the consumer's eligibility and authorize child care payments correctly;

     (2) Choose a licensed or certified child care provider who meets requirements of WAC 170-292-3750;

     (3) Leave the consumer's children with his or her provider while the consumer is in SCC approved activities. If the consumer is not in an approved activity and wants to use the provider, he or she must pay the provider if the provider wants payment;

     (4) Pay for additional child care that exceeds the authorization based on the same fees that are charged to other families;

     (5) Pay, or make arrangements for someone to pay, the consumer's SCC copayment directly to the child care provider;

     (6) Pay the provider the same late fees that are charged to other families, if the consumer pays a copayment late or picks up the child late;

     (7) Sign his or her children in and out of child care as provided in WAC 170-295-7030, 170-296-0520, or 170-151-460, as applicable, for that type of provider; and

     (8) Provide the information requested by the ((SCC contractor or the department of social and health services)) DSHS fraud early detection (FRED) investigator. If the consumer refuses to provide the information requested within fourteen days, it could affect his or her ((benefits)) SCC program subsidies. If ((the SCC contractor)) DSHS determines ((that)) a consumer is not cooperating by supplying the requested information, the consumer will not be eligible for SCC ((benefits)) program subsidies. The consumer may become eligible again when he or she meets SCC program requirements in part III of this chapter.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3565, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3570   Notification of changes.   When a consumer applies for or receives SCC ((benefits)) program subsidies, he or she must:

     (1) Notify ((the SCC contractor)) DSHS, within five days, of any change in providers;

     (2) Notify his or her provider within ten days when ((the SCC contractor)) DSHS changes his or her child care authorization;

     (3) Notify ((the SCC contractor)) DSHS within ten days of any change in the consumer's:

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

     (b) ((Child becoming eligible)) Child's eligibility for migrant Head Start or another child care program;

     (c) Household income, including any new receipt of a TANF grant or child support increases or decreases;

     (d) Household size such as any family member moving in or out of his or her home;

     (e) Employment hours such as starting, stopping or changing employers;

     (f) Home address and telephone number; or

     (g) Child support payments made by the consumer.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3570, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3580   Failure to report changes.   (1) If a consumer fails to report any changes as required in WAC 170-290-3570 within the stated time frames, ((DEL)) DSHS may establish an overpayment to the consumer per WAC 170-290-3850 or the consumer may have to pay additional costs, such as a higher copayment.

     (2) The consumer may receive an overpayment for what the provider is allowed to bill to include billing for absent days (see publication Child Care Subsidies, A Booklet for Licensed and Certified Child Care Providers, DEL 22-877, revised ((2009)) 2010).

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3580, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3590   ((SCC contractor's)) DSHS's responsibilities to consumers.   ((SCC contractors are community agencies that contract with DEL to perform SCC program authorizations. The SCC contractors and their)) DSHS staff must:

     (1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations and policies;

     (2) ((Authorize SCC program subsidies for a consumer's children based on eligibility criteria established by DEL, as defined in this chapter;

     (3))) Ask if a consumer has received, or is currently receiving, child care services from another subsidy program; ((and if he or she has received a copy of his or her termination letter from that program;

     (4) Ask if a consumer has applied, and been denied, for working connections child care (WCCC); and if he or she has, verify his or her denial from that program;

     (5))) (3) Complete ((intake documents in a consumer's presence,)) applications for SCC program subsidies based on information ((he or she)) the consumer provides, and determine a consumer's eligibility within thirty days from the date the consumer applied;

     (((6))) (4) Accept a variety of forms of verification and may not specify the type of documentation required;

     (((7))) (5) Authorize payments only to a licensed or certified child care provider ((of a consumer's choice)) the consumer chooses who meets the requirements in WAC 170-290-3750;

     (((8))) (6) Authorize payments only when no adult in a consumer's family (under WAC 170-290-3540) is able or available to care for the consumer's children as defined in WAC 170-290-3550;

     (((9))) (7) Give a consumer a SCC program approved child care plan in order to enroll his or her children in licensed or certified child care;

     (((10))) (8) Inform a consumer of:

     (a) The consumer's copayment amount as determined in WAC 170-290-3620 and defined in WAC 170-290-0075;

     (b) The consumer's rights and responsibilities under the SCC program when he or she applies or reapplies;

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

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

     (e) Other options for child care subsidies, if the consumer does not qualify for SCC program subsidies; and

     (f) The consumer's rights to an administrative hearing ((under the SCC program));

     (((11))) (9) Provide prompt child care authorizations to a consumer's child care provider;

     (((12))) (10) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:

     (a) SCC eligibility;

     (b) Copayment; or

     (c) Providers; and

     (((13))) (11) Provide an interpreter or translator service at no cost to the consumer to explain information related to the SCC program.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3590, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3610   Countable income.   ((DEL)) DSHS counts income as money a consumer earns or receives from:

     (1) Wages and commissions earned from employment;

     (2) Unemployment compensation;

     (3) A TANF or other welfare grant;

     (4) Child support payments received;

     (5) Supplemental Security Income (SSI);

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

     (7) Refugee assistance payments;

     (8) Payments from the Veterans' Administration;

     (9) Pensions or retirement income;

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

     (11) ((Inheritance;

     (12) Reportable gambling winnings; and

     (13))) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings;

     (12) Other types of income not listed in WAC 170-290-3630; and

     (13) Gross wages from employment or self-employment. Gross wages includes any wages that are taxable. "Self-employment income" means a consumer's gross income from self-employment minus allowable business expenses in WAC 388-450-0085.

    

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3610, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3620   Calculation of income.   (1) For the SCC program, ((DEL)) DSHS uses a consumer's average countable income when determining his or her income eligibility and copayment. ((DEL determines)) A consumer's average monthly income is determined by totaling all income earned and received in the past twelve months, as listed in WAC 170-290-3610, and dividing by twelve. The last month of income that is counted is the month before the consumer applies for SCC.

     (2) If the household composition has changed during the last twelve months, DSHS calculates the income based on the actual household income earned and received during those months. For example, if the consumer applies as a single parent but was part of a two-parent household during a portion of the last twelve months, the other parent's income is also counted during the portion of the twelve months that the other parent was in the household.

     (3) If a consumer receives a lump sum payment (such as money from back child support payment) in the month of application or during his or her SCC eligibility:

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

     (b) DSHS adds the monthly amount to the month it was received and each subsequent month of the twelve month review period. For example, if the consumer applies in May and received a lump sum in January of that year, DSHS divides the lump sum by twelve and applies the amount to January through April; and

     (c) The consumer must meet income guidelines for SCC after the lump sum payment is added to remain eligible for SCC.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3620, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3630   Excluded income and deductions.   (1) The SCC program does not count the following income types when determining a consumer's income eligibility and copayment:

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

     (b) Savings accounts;

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

     (((c))) (d) Reimbursements, such as tax refunds;

     (((d))) (e) Earned income credits;

     (((e) One-time insurance settlement payments;))

     (f) Diversion cash assistance;

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

     (h) Capital gains;

     (((g))) (i) Basic Food program;

     (((h))) (j) Income earned by children as described in WAC 170-290-3540;

     (((i))) (k) Benefits received by children of Vietnam War veterans who are diagnosed with any form or manifestation of spina bifida except spina bifida occulta;

     (l) Adoption support assistance and foster care payments; and

     (((j))) (m) Government economic stimulus payments.

     (2) SCC deducts the amount a consumer pays for child support from his or her countable income when figuring his or her eligibility and copayment for the SCC.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3630, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3640   Determining income eligibility and copayment.   (1) For the SCC program, ((DEL)) DSHS determines a consumer's family's income eligibility and copayment by:

     (a) The consumer's family size as defined under WAC 170-290-3540;

     (b) The consumer's average monthly income as calculated under WAC 170-290-3620;

     (c) The consumer's family's average monthly income as compared to the federal poverty guidelines (FPG); and

     (d) The consumer's family's average monthly income as compared to the copayment chart defined in WAC 170-290-0075.

     (2) If a consumer's family's income is above ((two hundred percent of the FPG as defined in WAC 170-290-0075)) the maximum eligibility limit as provided in WAC 170-290-0005 (2)(d), his or her family is not eligible for the SCC program.

     (3) ((SCC does not prorate the copayment when a consumer uses care for part of a month.

     (4))) The FPG is updated every year on April 1. The SCC eligibility level is updated at the same time every year to remain current with the FPG.

     (((5))) (4) SCC shall assign a copayment amount based on the family's countable income. The copayment amount will be on the consumer's child care plan. The consumer pays the copayment directly to the provider.

     (5) SCC does not prorate the copayment when a consumer uses care for part of a month.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3640, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3650   Change in copayment.   (1) A consumer's SCC program copayment could change when:

     (a) DEL makes a mass change in subsidy benefits due to a change in law or program funding;

     (b) The consumer's family size increases;

     (c) ((The SCC contractor)) DSHS makes an error in the consumer's copayment computation;

     (d) The consumer did not report all income, activity and household information at the time of eligibility determination or application/reapplication; or

     (e) The consumer is approved for a new eligibility period.

     (2) If a consumer's copayment changes during his or her eligibility period, the change is effective:

     (a) On the first day of the month following the change, when:

     (i) The report is made to ((the SCC contractor)) DSHS or the information is learned by ((the contractor)) DSHS within ten or more days after the change as provided in WAC 170-290-3570;

     (ii) The consumer receives ten days written notice; and

     (iii) The copayment is increasing; or

     (b) On the first day of the month that the change occurred when;

     (i) The report is made to ((the SCC contractor)) DSHS or the information is learned by ((the contractor)) DSHS within ten days or less after the change as provided in WAC 170-290-3570; and

     (ii) The copayment is decreasing.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3650, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3660   Eligibility and authorization periods.   ((The SCC contractor may approve a consumer for a period up to six months. The first month of eligibility is the same month that child care begins.)) (1) Eligibility period. A consumer who meets all of the requirements of part III of this chapter is eligible for SCC subsidies for six months. A consumer's eligibility may end before his or her end date as stated in WAC 170-290-3855.

     (2) Authorization period. The authorization for child care subsidies benefits is less than six months when:

     (a) The employer verification states that the consumer might be working for less than six months; or

     (b) The consumer's child may not be eligible for the entire six months because of his or her age.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3660, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3665   When SCC ((benefits)) program subsidies start.   ((The consumer's child care plan will tell the consumer when the benefits start and end.))

     (1) ((The SCC contractor)) DSHS authorizes ((child care)) SCC program subsidies ((when)) to begin on the date the consumer applies for SCC and the following requirements are met:

     (a) The consumer turns in all of his or her eligibility paperwork ((to the SCC contractor)) and provider information to DSHS within thirty calendar days of his or her application date;

     (b) The ((SCC contractor determines that the)) consumer is determined eligible for the program; and

     (c) The consumer starts his or her children in care with an approved child care provider.

     (2) ((After the SCC contractor decides that a consumer is eligible, the date the subsidy begins depends upon when the consumer applied and when the consumer turned in all of the paperwork needed as follows:


((If at the time of application the consumer: And the consumer turns all paperwork in: Then the child care benefits begin:
(a) Has not begun work yet, Within 14 days of the job starting, The first day of the job.
(b) Has not begun work yet, 15-29 days after the job starts, The day after the paperwork is turned in.
(c) Has not begun work yet, 30 days after the job starts, The application is denied and the consumer must reapply.
(d) Is working, Within 14 days of the application interview date, The day the consumer either calls or comes into the SCC contractor's office to apply for SCC benefits.
(e) Is working, 15-29 days after the application interview date, The day after the paperwork is turned in.
(f) Is working, 30 days after the application interview date, The application is denied and the consumer must reapply.))

The consumer's application date is whichever is earlier:

     (a) The date the consumer's application is entered into DSHS's automated system; or

     (b) The date the consumer's application is date stamped as received.

     (3) If a consumer fails to turn in all information within thirty calendar days from his or her application date, the consumer must restart the application process. The consumer's begin date for benefits is described in subsection (2) of this section.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3665, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3690   Denial of benefits -- Date of redetermining eligibility.   (1) ((The SCC contractor)) DSHS sends a consumer a denial letter when the consumer has applied for child care and the consumer:

     (a) Is not eligible due to the consumer's:

     (i) Family composition;

     (ii) Income; or

     (iii) Activity; or

     (b) Did not provide information required to determine the consumer's eligibility according to WAC 170-290-3530.

     (2) If a consumer turns in information or otherwise meets eligibility requirements after the denial letter is sent, the consumer's benefits begin according to WAC 170-290-3665.

     (3) WCCC eligibility will be determined when a consumer is denied for SCC program subsidies.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3690, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3720   Notice of payment changes.   ((The SCC contractor)) DSHS provides SCC consumers with at least ten days written notice of changes to payments related to the suspension, reduction, or termination of benefits, in child care arrangements, except as noted in WAC 170-290-3730.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3720, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3730   When notice of payment changes is not required.   ((The SCC contractor)) DSHS does not give a consumer notice if the consumer:

     (1) Tells ((the SCC contractor)) DSHS that he or she no longer wants SCC;

     (2) Has moved and his or her whereabouts are unknown to ((the SCC contractor)) DSHS;

     (3) Is receiving duplicate child care benefits;

     (4) Has a current ((eligibility period)) authorization that is scheduled to end;

     (5) Has a new eligibility period that results in a change in child care benefits; or

     (6) Is receiving child care at a location that does not meet requirements under WAC 170-290-3750.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3730, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3750   Eligible child care providers.   To receive payment under the SCC program, a consumer's child care provider must be:

     (1) Currently licensed as required by chapter 43.215 RCW and chapters 170-295, 170-296, or 170-151 WAC;

     (2) Meeting their state's licensing regulations, for providers who care for children in states bordering Washington. The SCC program pays the lesser of the following to qualified child care facilities in bordering states:

     (a) The provider's private pay rate for that child; or

     (b) The state maximum child care subsidy rate for the DSHS region where the child resides; or

     (3) Exempt from licensing but certified by DEL, 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 DEL to provide subsidized child care)).

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3750, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3760   SCC subsidy rates -- Effective date.   ((DEL)) State child care subsidy rates in this part are effective as of the date stated in WAC 170-290-0180.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3760, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3770   Authorized SCC payments.   The SCC program may authorize payments to licensed((/)) or certified child care providers for:

     (1) Basic child care either full day or half day, at rates listed in the chart in WAC 170-290-0200 and 170-290-0205((, including on Saturdays and Sundays)):

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

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

     (2) A registration fee, according to WAC 170-290-0245;

     (3) Subsidy rates for five-year old children according to WAC 170-290-0185;

     (4) The field trip fees in WAC 170-290-0247;

     (5) The nonstandard hours bonus in WAC 170-290-0249; and

     (6) Special needs care when the child has a documented special need and a documented need for a higher level of care, according to WAC 170-290-0220, 170-290-0225, and 170-290-0230.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3770, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3790   When additional SCC subsidy payments are authorized.   ((The SCC contractor)) DSHS may authorize additional child care when:

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

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

     (3) More than ten hours of care is ((provided)) needed per day for the consumer to participate in an approved activity (up to a maximum of sixteen hours a day) and the provider's policy is to charge all families for these extra hours.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3790, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3830   Redetermination of SCC ((benefits)) program subsidies.   (1) At least every six months, ((the SCC contractor)) DSHS reviews a consumer's information to determine if he or she ((may keep receiving subsidies. A consumer may receive subsidy benefits for less than six months when:

     (a) The consumer's employer says that the consumer might be working less than six months; or

     (b) The consumer's child or children may not be eligible for the next six months because of their age)) is still eligible for SCC program subsidies.

     (2) ((The SCC contractor)) DSHS will:

     (a) Review the consumer's updated information to include the last six months of earned and unearned income and add it to the most current six months of the previous income information; and

     (b) Redetermine the consumer's eligibility.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3830, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3840   New eligibility period.   (1) If a consumer wants to receive ((child care benefits)) SCC program subsidies for another eligibility period, he or she must reapply for SCC benefits before the end of the current eligibility period listed on the child care plan. To determine if a consumer is eligible, the consumer calls ((or comes into the SCC contractor's office)) DSHS on or before the end date of the consumer's current SCC eligibility period to request ((an application interview date)) SCC program subsidies.

     (2) A consumer may be eligible for SCC ((benefits)) program subsidies for a new eligibility period with no break in ((child care)) SCC program subsidies if:

     (a) The consumer calls ((or comes into the SCC contractor's office)) DSHS on or before the end date of the consumer's current SCC eligibility period to request ((an application interview date)) SCC program subsidies;

     (b) The consumer's provider is eligible for payment under WAC 170-290-3750; and

     (c) The consumer meets all SCC eligibility requirements.

     (3) If ((the SCC contractor)) DSHS determines that a consumer is eligible for SCC ((benefits)) program subsidies based on his or her application information, ((the SCC contractor)) DSHS notifies the consumer of the new eligibility period and copayment.

     (4) If a consumer fails to ((call or come into a SCC contractor's office)) contact DSHS on or before the end date of the consumer's current SCC eligibility period to request ((an application interview date)) SCC program subsidies, he or she must reapply according to WAC 170-290-3665.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3840, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3850   Payment discrepancies generally.   ((DEL)) Child care subsidy payment discrepancies are described in WAC 170-290-0266 through 170-290-0275, with the exception of underpayments requested by licensed child care centers, which will only be considered for twelve months after the date of services.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3850, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3855   Termination of and redetermining eligibility for ((benefits)) SCC program subsidies.   (1) A consumer's continued eligibility for SCC program subsidies stops when:

     (a) The consumer's monthly copayment is equal to or higher than the state maximum monthly rate for all of the consumer's children in care; or

     (b) The consumer:

     (i) Is not participating in an approved activity as defined in WAC 170-290-3555;

     (ii) Does not meet other SCC eligibility requirements related to family size, income and approved activities;

     (iii) Does not pay the copayment fees to the consumer's child care provider or does not make mutually acceptable arrangements with the consumer's child care provider for ((their)) payment; or

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

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

     (a) The consumer meets all SCC program eligibility requirements;

     (b) The consumer ((paid)) pays back copayment fees or made mutually acceptable payment arrangements with his or her child care provider; or

     (c) The consumer cooperated with the quality assurance review process or with the DSHS division of fraud investigations.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3855, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3860   Right to request an administrative hearing.   (1) SCC consumers((,)) and licensed or certified child care providers((, and DEL-contracted seasonal day camps)) must follow chapter ((170-03)) 388-02 WAC to request a hearing.

     (2) SCC consumers have a right to request a hearing on any action affecting SCC ((benefits)) program subsidies except for mass changes resulting from a change in policy or law.

     (3) Under this part, licensed or certified child care providers((, or DEL-contracted seasonal day camps)) have a right to request a hearing only for SCC overpayments.

     (4) ((An)) SCC ((consumer,)) consumers and licensed or certified child care ((provider, or DEL-contracted seasonal day camp)) providers must make a request for a hearing as required by WAC ((170-03-0050 and 170-03-0060)) 170-290-0280(3).

     (a) ((An)) SCC consumers must request a hearing within ninety days of the date a decision is received.

     (b) ((A)) Licensed or certified child care ((provider or DEL-contracted seasonal day camp)) providers must request a hearing within twenty-eight days of the date a decision is received.

     (5) The office of administrative hearings administrative law judge enters initial or final orders as provided in WAC 388-02-0217. Initial orders may be appealed to a DSHS review judge under chapter 388-02 WAC.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3860, filed 10/28/09, effective 12/1/09.]


AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-3865   Receipt of SCC ((benefits)) program subsidies pending the outcome of an administrative hearing.   (1) A consumer may receive SCC ((benefits)) program subsidies while waiting for the outcome of a hearing, if he or she is currently authorized for the SCC program and:

     (a) The consumer requests a hearing:

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

     (ii) No more than ten days after the consumer receives a notice of adverse action ("adverse action" for the purposes of this section means an action to reduce or terminate the consumer's SCC subsidies); or

     (b) The consumer requests payments for child care payable to an eligible provider according to WAC 170-290-3750.

     (2) If a consumer loses a hearing, any SCC program benefit that a consumer uses between the date of the adverse action and the date of the hearing decision (final order) is an overpayment to the consumer.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-3865, filed 10/28/09, effective 12/1/09.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 170-290-3501 Program funding -- Waiting lists.
WAC 170-290-3670 Preauthorization for the SCC program.
WAC 170-290-3820 Review of eligibility and copayment information.

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