PERMANENT RULES
EARLY LEARNING
Effective Date of Rule: Thirty-one days after filing.
Purpose: The proposed rules are intended to update the rules for several purposes, including to:
| • | Improve child care subsidy program efficiencies, and to reduce potential fraud, waste and abuse by addressing issues identified in federal and state audits of the state's child care subsidy programs, |
| • | Implement applicable provisions of ESSB 5921 (chapter 42, Laws of 2011 1st sp. sess.), |
| • | Improve the quality of child care by extending certain health and safety requirements to license-exempt in-home/relative providers who provide subsidized child care in their home or the home of the child, as a condition of receiving subsidy payments, and |
| • | Otherwise improve clarity of existing child care subsidy requirements. |
Some of the changes recommended by these audits were made in the department of early learning (DEL) child care subsidy rules adopted on August 24, 2011 (filing number WSR 11-18-001). This proposal further implements subsidy program improvements identified in the audits, including but not limited to:
| • | Verifying consumers' information supplied at initial application or reapplication for child care subsidy benefits; |
| • | Strengthening background check requirements for license exempt in-home/relative providers; |
| • | Strengthening rules regarding child attendance records in subsidized child care, and providing sanctions for providers who don't keep accurate attendance records to support their subsidy invoices to the state; |
| • | Clarifying that licensed providers may bill for not more children than their license capacity allows; |
| • | Increasing child safety and health requirements for in-home/relative child care providers who are otherwise exempt from state licensing; and |
| • | Clarifying requirements regarding monthly child care copayments and the consumers' obligation to pay the copayment to their child care provider. |
Proposal of this rule is consistent with state office of financial management guidance regarding implementation of Executive Order 10-06 suspending noncritical rule making (extended by Executive Order 11-03), but allowing rules to proceed that are:
"Required by federal or state law or required to maintain
federally delegated or authorized programs;" or "Necessary to protect public health, safety, and welfare
or necessary to avoid an immediate threat to the state's
natural resources ..."
DEL is the state's lead agency for receiving federal child care and development funds (CCDF), and for assuring state compliance with CCDF rules under title 45 Code of Federal Regulations, chapter 98. The proposed rules are anticipated to help Washington state maintain accountability for CCDF funds and compliance with rules for this federally authorized program. The rules also implement applicable provisions of ESSB 5921, chapter 42, Laws of 2011 1st sp. sess.
Revised sections in this proposal increase health and safety requirements for nonlicensed providers of state-subsidized child care. These requirements are necessary to protect the safety, health and welfare of children in these nonlicensed care environments.
1Department of Early Learning Review, Proposed Final Report June 21, 2011.
2Audit of State Payments to Child Care Providers, Report No. 1006484, September 21, 2011.
3Report to Congressional Addressees, September 2010 Child Care Development Fund, Undercover Tests Show Five State
Programs Are Vulnerable to Fraud and Abuse. GAO-10-1062.
Citation of Existing Rules Affected by this Order: Amending WAC 170-151-010, 170-151-020, 170-151-460, 170-151-461, 170-151-462, 170-290-0003, 170-290-0012, 170-290-0025, 170-290-0030, 170-290-0031, 170-290-0032, 170-290-0035, 170-290-0040, 170-290-0045, 170-290-0060, 170-290-0070, 170-290-0085, 170-290-0090, 170-290-0110, 170-290-0135, 170-290-0138, 170-290-0160, 170-290-0200, 170-290-0205, 170-290-0220, 170-290-0225, 170-290-0230, 170-290-0235, 170-290-0240, 170-290-0268, 170-290-0271, 170-290-3530, 170-290-3560, 170-290-3565, 170-290-3580, 170-290-3590, 170-290-3610, 170-290-3660, 170-290-3855, 170-295-0010, 170-295-0030, 170-295-7010, 170-295-7030, and 170-296A-2125.
Statutory Authority for Adoption: RCW 43.215.070 and 43.215.060; chapter 43.215 RCW.
Adopted under notice filed as WSR 12-02-077 on January 4, 2012.
Changes Other than Editing from Proposed to Adopted Version: WAC 170-290-0030 Consumers' responsibilities.
A. In subsection (13), removed the word "and."
B. Removed all of subsection (14) "Seek child support enforcement services from the DSHS division of child support, unless DSHS finds that the applicant or consumer has good cause not to cooperate as defined under WAC 388-422-0020 or as provided in (a) of this subsection.
(a) For the purposes of this subsection, "good cause" also includes the following:
(i) The applicant or consumer has a current court or administrative order showing the child support amount ordered on behalf of the child who will receive the child care subsidy benefits;
(ii) The applicant or consumer already complies with child support enforcement services, either voluntarily or to meet other public assistance benefits requirements;
(iii) The applicants or consumers are married parents, or unmarried two-parent families with a child in common needing child care living in the same household;
(iv) The applicant or consumer is a single-parent family when the other parent is deceased;
(v) The applicant or consumer is a single-parent family when the other parent is incarcerated for one year or longer;
(vi) The applicants or consumers are both minor parents; or
(vii) The DSHS division of child support does not have jurisdiction over the child support case, such as for tribal child support cases, child support cases in other states, or cases outside of the United States, whether or not the division of child support has a reciprocal agreement with that jurisdiction.
(b) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply; and."
C. Changed subsection (15) to (14).
WAC 170-290-0034 Providers' responsibilities.
A. In subsection (3), removed the phrase "or DSHS."
B. In subsection (3)(a), removed the phrase "by DSHS."
WAC 170-290-0060 Countable income.
A. In subsection (2)(a) removed the phrase "because they are exempt for good cause under WAC 170-290-0030 (13) (14) (a) (i),"
B. In subsection (2) added "(c) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply."
WAC 170-290-3565 Consumers' responsibilities.
A. Removed all of subsection (11) "(11) Seek child support enforcement services from the DSHS division of child support, unless DSHS finds that the applicant or consumer has good cause not to cooperate as defined under WAC 388-422-0020 or as provided in (a) of this subsection.
(a) For the purposes of this subsection, "good cause" also includes the following:
(i) The applicant or consumer has a current court or administrative order showing the child support amount ordered on behalf of the child who will receive the child care subsidy benefits;
(ii) The applicant or consumer already complies with child support enforcement services, either voluntarily or to meet other public assistance benefits requirements;
(iii) The applicants or consumers are married parents, or unmarried two-parent families with a child in common needing child care living in the same household;
(iv) The applicant or consumer is a single-parent family when the other parent is deceased;
(v) The applicant or consumer is a single-parent family when the other parent is incarcerated for one year or longer;
(vi) The applicants or consumers are both minor parents; or
(vii) The DSHS division of child support does not have jurisdiction over the child support case, such as for tribal child support cases, child support cases in other states, or cases outside of the United States, whether or not the division of child support has a reciprocal agreement with that jurisdiction.
(b) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply; and."
WAC 170-290-3566 Subsidized child care providers'
responsibilities.
A. In subsection (3) removed "or DSHS."
B. In subsection (3)(a) removed "DSHS or."
WAC 170-290-3610 Countable income.
A. In subsection (3)(a) removed the phrase "because they are exempt for good cause under WAC 170-290-3565 (11)(a),"
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 10, Amended 40, 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 10, Amended 40, Repealed 0.
Date Adopted: May 8, 2012.
Elizabeth M. Hyde
Director
OTS-4527.3
AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08,
effective 4/19/08)
WAC 170-151-020
Who needs to be licensed?
(1) The
person or organization operating a school-age child care
center must receive a license from the department to provide
school-age child care, in accordance with chapter 43.215 RCW.
(2) The department does not need to license the person or organization operating a school-age child care center if chapter 43.215 RCW exempts the person or organization from the licensing requirements. The person or organization claiming an exemption from the licensing requirements must provide the department proof of entitlement to the exemption at the licensor's request.
(3) You may use the following matrix to determine whether or not you are exempt from licensing:
| Child care | Recreational |
| The child care facility assumes responsibility for the child and his welfare. | Children are free to come and go as they choose. |
| Children are signed in and can only be released to an authorized adult. | No responsibility is assumed in lieu of parent. |
| A specific registration procedure and required forms must be completed. | No registration form or procedure. |
| Must adhere to DEL standards; has specific requirements regarding staff-child ratio and group size. | No required staff-child ratio or group size requirements. |
| Specific DEL requirements regarding policies and procedures are in a parent handbook. | No specific detailed policies and procedures. General "house rules" apply at each site. |
| There are specific program goals and activities; calendars of activities are posted and available. | Activities occur on a daily basis; no long-term goals or activities exist. |
(a) Be licensed or certified;
(b) Follow billing policies and procedures in Child Care
Subsidies, a ((brochure for providers, DEL 22-877)) Booklet
for Licensed and Certified Providers, revised 2012; and
(c) Bill the department at the person's or organization's customary rate or the state rate, whichever is less.
[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-020, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW and RCW 34.05.395. 02-13-073, § 388-151-020, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-020, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-020, filed 12/30/92, effective 1/30/93.]
(1) The daily attendance record:
(a) The parent, or other person authorized by the parent
to take the child to or from the center, must sign in the
child on arrival and must sign out the child at departure,
using a full((, legal)) signature;
(b) When the child leaves the center to attend school or
other offsite activity as authorized by the parent, ((your)) a
staff person must sign out the child and sign in the child on
return to the center; and
(c) Signed agreements between a program director and a
parent where school-age child is allowed to leave the center
on his or her own, must be verified by signature and dated by
the director and parent. Staff may sign a child in/out whose
parent has agreed in writing to let the child leave the
center((.));
(2) Electronic attendance records if the child's attendance is recorded using an electronic system under WAC 170-151-462;
(3) A copy of the report sent to the department about any illness or injury to the child in care requiring medical treatment or hospitalization;
(((3))) (4) The twelve-month record indicating the date
and time ((you)) the licensee conducted the required monthly
fire evacuation drills;
(((4))) (5) A written plan for staff development
specifying the content, frequency, and manner of planned
training;
(((5))) (6) Activity program plan records;
(((6))) (7) A list of each child's allergies and dietary
restrictions, if any;
(((7))) (8) Any incident involving the use of physical
restraint;
(((8))) (9) A record of medication ((your)) staff gives
to any child; ((and
(9))) (10) A record of accidents and injuries((.)); and
(((10))) (11) Personnel records as described in WAC 170-151-470(4).
[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-460, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-460, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-460, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-460, filed 12/30/92, effective 1/30/93.]
(1) Current records (including records from the previous twelve months) must be kept in the licensed space and be available for the department's review.
(2) Records older than twelve months to five years old must be provided to the department within two weeks of the date of the department's written request.
[]
(2) If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee's care.
(3) The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to:
(a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;
(b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;
(c) Uniquely identify each record;
(d) Capture an electronic record for each transaction conducted;
(e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit;
(f) Retain electronic records in an accessible form for their legal minimum retention period;
(g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;
(h) Produce authentic copies of electronic records and supply them in useable formats, including hard copies, for business purposes and all public access purposes;
(i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records;
(j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and
(k) Limit system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(4) Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:
(a) The contents of the electronic record;
(b) The method used to sign the electronic record, if applicable;
(c) The person signing the electronic record; and
(d) The date when the signature was executed.
(5) As used in this section:
"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.
"Sign" includes signing by physical signature, if available, or electronic signature.
[]
OTS-4528.6
AMENDATORY SECTION(Amending WSR 11-12-078, filed 5/31/11,
effective 7/1/11)
WAC 170-290-0003
Definitions.
The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(((1))) "Able" means being physically and mentally
capable of caring for a child in a responsible manner.
(((2))) "Authorization" means the documentation that DSHS
gives to providers specifying units of full-day, half-day or
hourly child care a family may receive during their
eligibility period, which may be adjusted based on the
family's need for care or changes in eligibility.
(((3))) "Available" means being free to provide care when
not participating in an approved work activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055
during the time child care is needed.
(((4))) "Calendar year" means those dates between and
including January 1st and December 31st.
(((5))) "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.
(((6))) "Consumer" means the person receiving:
(a) WCCC benefits as described in part II of this chapter; or
(b) SCC benefits as described in part III of this chapter.
(((7))) "Copayment" means the amount of money the
consumer is responsible to pay the child care provider toward
the cost of child care each month.
"Days" means calendar days unless otherwise specified.
(((8))) "DEL" means the department of early learning.
(((9))) "DSHS" means the department of social and health
services.
(((10) "Days" means calendar days unless otherwise
specified.
(11))) "Eligibility" means that a consumer has met all of the requirements of:
(a) Part II of this chapter to receive WCCC program subsidies; or
(b) Part III of this chapter to receive SCC program subsidies.
"Employment" or "work" means 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. This includes unsubsidized employment, as verified by an employee's pay stubs or DSHS employer verification form, and subsidized employment, such as:
(a) Working in a federal or state paid work study program; or
(b) VISTA volunteers, AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed.
(((12) "Eligibility" means that a consumer has met all of
the requirements of:
(a) Part II of this chapter to receive WCCC program subsidies; or
(b) Part III of this chapter to receive SCC program subsidies.
(13))) "In-home/relative provider((,))" or
"license-exempt provider," referred to in the collective
bargaining agreement as (("license-exempt provider,)) "family,
friends and neighbors provider" or "FFN provider," means
((those)) a provider((s)) who meets the requirements in WAC 170-290-0130 through 170-290-0167.
(((14))) "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, and is responsible for exercising
day-to-day care and control of the child.
(((15))) "Night shift" means employment for a minimum of
six hours between the hours of 8 p.m. and 8 a.m.
"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 outside of the consumer's home to pay for licensed or certified child care.
(((16))) "Seasonally available labor" or "seasonally
available agricultural related work" means work that is
available only in a specific season during part of the
calendar year. The work is directly related to the
cultivation, production, harvesting or processing of fruit
trees or crops.
(((17))) "Self-employment" means 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, as
verified by Washington state business license, or a tribal,
county, or city business or occupation license, as applicable,
and a uniform business identification (UBI) number for
approved self-employment activities that occur outside of the
home. Incorporated businesses are not considered
self-employment enterprises.
(((18))) "Waiting list" means a list of families who are
currently working and waiting for child care subsidies when
funding is not available to meet the requests from all
eligible families.
(((19))) "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 outside the consumer's home.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-0003, filed 5/31/11, effective 7/1/11. 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.]
(a) The consumer initially applies for benefits; or
(b) The consumer reapplies for benefits((;
(c) The consumer reports)).
(2) A consumer must provide verification to DSHS to
determine if he or she continues to qualify for benefits
during his or her eligibility period when there is a change of
circumstances((;
(d) DSHS finds out that the consumer's circumstances may have changed; or
(e) The information DSHS has is inconsistent, conflicting, or outdated)) under WAC 170-290-0031.
(((2) The)) (3) All verification that ((the consumer
gives)) is provided to DSHS must:
(a) Clearly relate to the information DSHS is requesting;
(b) Be from a reliable source; and
(c) Be accurate, complete, and consistent((; and
(d) As applicable, include, but not be)).
(4) If DSHS has reasonable cause to believe that the information is inconsistent, conflicting or outdated, DSHS may:
(a) Ask the consumer to provide DSHS with more 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) Send an investigator from the DSHS office of fraud and accountability (OFA) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).
(5) The verification that the consumer gives to DSHS includes, but is not limited to, the following:
(((i))) (a) A current WorkFirst IRP for consumers
receiving TANF;
(((ii))) (b) Employer name, address, and phone number;
(((iii))) (c) State business registration and license, if
self-employed;
(((iv))) (d) Work, school, or training schedule (when
requesting child care for non-TANF activities);
(((v))) (e) Hourly wage or salary;
(((vi))) (f) Either the:
(((A))) (i) Gross income for the last three months;
(((B))) (ii) Federal income tax return for the preceding
calendar year; or
(((C))) (iii) DSHS employment verification form;
(((vii))) (g) Monthly unearned income the consumer
receives, such as child support or Supplemental Security
Income (SSI) benefits;
(((viii))) (h) If the other parent is in the household,
the same information for them;
(((ix))) (i) Proof that the child belongs to one of the
following groups as defined in WAC 388-424-0001:
(((A))) (i) A U.S. citizen;
(((B))) (ii) A U.S. national;
(((C))) (iii) A qualified alien; or
(((D))) (iv) A nonqualified alien who meets the
Washington state residency requirements as listed in WAC 388-468-0005;
(((x))) (j) Proof of child enrollment in a head start,
early head start or early childhood education and assistance
program for twelve-month eligibility;
(((xi))) (k) Name and phone number of the licensed child
care provider; and
(((xii))) (l) For the in-home/relative child care
provider, a:
(((A))) (i) Completed and signed criminal background
check form;
(((B))) (ii) Legible copy of the proposed provider's
photo identification, such as a driver's license, Washington
state identification, or passport;
(((C))) (iii) Legible copy of the proposed providers'
valid Social Security card; and
(((D))) (iv) All other information required by WAC 170-290-0135.
(((3))) (6) If DSHS requires verification from a consumer
that costs money, DSHS must pay for the consumer's reasonable
costs.
(((4) If the verification that a consumer provides to
DSHS is inconsistent, conflicting, or outdated, DSHS may:
(a) Ask the consumer to provide DSHS with more 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) Send an investigator from the 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))) (7) DSHS does not pay for a self-employed consumer's state business registration or license, which is a cost of doing business.
(8) If a consumer does not provide all of the verification requested, DSHS will determine if a consumer is eligible based on the information already available to DSHS.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0012, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0012, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0012, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0012, filed 3/29/04 and 4/7/04, effective 5/28/04.]
(1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;
(2) Have WCCC eligibility determined within thirty days from his or her application date per WAC 170-290-0095;
(3) Be informed, in writing, of his or her legal rights and responsibilities related to WCCC benefits;
(4) Receive a written notice at least ten days before DSHS makes changes to lower or stop benefits except as stated in WAC 170-290-0120;
(5) Ask for an administrative hearing if he or she does not agree with DSHS about a decision per WAC 170-290-0280;
(6) Ask a supervisor or administrator to review a decision or action affecting the consumer's benefits without affecting the right to an administrative hearing;
(7) Have an interpreter or translator service provided by DSHS within a reasonable amount of time and at no cost to the consumer;
(8) Choose a provider as long as the provider meets the requirements in WAC 170-290-0125;
(9) Ask the fraud early detection (FRED) investigator
from the ((division)) DSHS office of fraud ((investigations
(DFI))) and accountability (OFA) to come back at another time.
A consumer does not have to let an investigator into his or
her home. This request will not affect the consumer's
eligibility for benefits. If the consumer refuses to
cooperate (provide the information requested) with the
investigator, it could affect his or her benefits;
(10) Access his or her child at all times while the child is in child care;
(11) Terminate child care without cause and without notice to the provider. Notice must be given to DSHS within five days of termination;
(12) Not be charged by the consumer's licensed ((or)),
certified, or license-exempt provider, or be made to pay
for((:
(a))) the difference between the provider's private rate
and the state maximum rate, when the provider's private rate
for child care ((or the registration fee)) is higher than the
maximum state rate;
(13) Not be charged by the consumer's licensed or certified provider, or be made to pay for:
(a) The difference between the provider's registration fee and the state's maximum registration fee, when the provider's 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. If the consumer requests, and the provider has a written policy in place, the consumer may voluntarily pay the difference between the amount that the state allows and the actual field trip cost;
(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)) stops caring for the consumer's
children.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0025, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0025, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0025, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0025, filed 3/29/04 and 4/7/04, effective 5/28/04. 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) Give DSHS correct and current information so DSHS can determine eligibility and authorize child care payments correctly;
(2) Choose a provider who meets requirements of WAC 170-290-0125;
(3) Pay((, or make a plan to have someone pay, the WCCC))
the copayment directly to the child care provider or arrange
for a third party to pay the copayment directly to the
provider;
(4) In cases of overdue or past due copayments, the consumer, as a condition of maintaining his or her eligibility, must do one or more of the following:
(a) Pay past or overdue copayments;
(b) Give DSHS a written agreement between the provider and consumer to verify that copayment arrangements include one or more of the following:
(i) An installment payment plan;
(ii) A collection agency payment plan;
(iii) In-kind services in lieu of paying the copayment; or
(iv) Forgiveness of the copayment from the provider; or
(c) Provide proof that the consumer has attempted to pay a copayment to a licensed provider who is no longer in business or a license-exempt provider who is no longer providing child care. "Proof" includes, but is not limited to, a return receipt that was signed for and not responded to, or a returned document that was not picked up;
(5) Only use WCCC benefits while the consumer is working
or in WCCC approved activities outside the consumer's
home((.));
(((5))) (6) Pay the provider for child care services when
he or she requests additional child care for personal reasons
other than working or participating in WCCC approved
activities that have been authorized by DSHS;
(((6))) (7) Pay the provider for optional child care
programs that he or she requests. The provider must have a
written policy in place charging all families for these
optional child care programs;
(((7))) (8) 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;
(((8))) (9) Ensure that care is provided in the correct
home per WAC 170-290-130 if the consumer uses an
in-home/relative provider, and monitor the in-home/relative
provider's quality of care to ensure that the child's
environmental, physical, nutritional, emotional, cognitive,
safety, and social needs are being met;
(((9))) (10) Cooperate (provide the information
requested) with the ((quality assurance review)) child care
subsidy audit process to remain eligible for WCCC. A consumer
becomes ineligible for WCCC benefits upon a determination of
noncooperation ((by quality assurance)) and remains ineligible
until he or she meets ((quality assurance)) child care subsidy
audit requirements. If DSHS determines that a consumer is not
cooperating, the consumer will not be eligible for WCCC
benefits. The consumer may become eligible again when he or
she meets WCCC requirements in part II of this chapter;
(((10))) (11) Provide the information requested by
((DSHS's WCCC staff or)) the fraud early detection (FRED)
investigator from the DSHS office of fraud and accountability
(OFA). If the consumer refuses to provide the information
requested within fourteen days, it could affect his or her
benefits;
(((11))) (12) Document ((the children's attendance as
described in WAC 170-290-0138, 170-295-7030, 170-296-0520, or
170-151-460, as applicable, for that type of provider)) their
child's attendance in subsidized child care by having the
consumer or other person authorized by the consumer to take
the child to or from the child care:
(a) If the provider uses a paper attendance record, sign the child in on arrival and sign the child out at departure, using their full signature and writing the time of arrival and departure; or
(b) Record the child's attendance using an electronic system if used by the provider;
(((12))) (13) Provide to his or her in-home/relative
provider the names, addresses, and telephone numbers of
persons who are authorized to pick up the child from care; and
(((13) Seek child support enforcement services from the
DSHS division of child support, unless DSHS finds that the
applicant or consumer has good cause not to cooperate as
defined under WAC 388-422-0020 or as provided in (a) of this
subsection.
(a) For the purposes of this subsection, "good cause" also includes the following:
(i) The applicant or consumer has a current court order showing the child support amount ordered on behalf of the child who will receive the child care subsidy benefits;
(ii) The applicant or consumer already complies with child support enforcement services, either voluntarily or to meet other public assistance benefits requirements;
(iii) The applicants or consumers are married parents, or unmarried two-parent families with a child in common needing child care living in the same household;
(iv) The applicant or consumer is a single-parent family when the other parent is deceased;
(v) The applicant or consumer is a single-parent family when the other parent is incarcerated for one year or longer;
(vi) The applicants or consumers are both minor parents; or
(vii) The DSHS division of child support does not have jurisdiction over the child support case, such as for tribal child support cases or cases outside of the United States.
(b) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply.)) (14) Ensure that their children who receive subsidized child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:
(a) A department of health (DOH) medical exemption form signed by a health care professional; or
(b) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0030, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0030, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0030, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0030, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0030, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(1) Notify ((DSHS's WCCC staff)) DSHS, within five days,
of any change in providers;
(2) Notify the consumer's provider within ten days when DSHS changes his or her child care authorization;
(3) Notify ((DSHS's WCCC staff)) DSHS within ten days of
any change in:
(a) The number of child care hours the consumer needs (more or less hours);
(b) The consumer's countable income, including any TANF
grant or child support increases or decreases, only if the
change would cause the consumer's countable income to exceed
the maximum eligibility limit as provided in WAC 170-290-0005
(((2)(d))). A consumer may notify ((DSHS's WCCC staff)) DSHS
at any time of a decrease in the consumer's household income,
which may lower the consumer's copayment under WAC 170-290-0085;
(c) The consumer's household size such as any family member moving in or out of his or her home;
(d) Employment, school or approved TANF activity (starting, stopping or changing);
(e) The address and telephone number of the consumer's in-home/relative provider;
(f) The consumer's home address and telephone number; and
(g) The consumer's legal obligation to pay child support;
(4) Report to ((DSHS's WCCC staff)) DSHS, within
twenty-four hours, any pending charges or conviction
information the consumer learns about his or her
in-home/relative provider; and
(5) Report to ((DSHS's WCCC staff)) DSHS, within
twenty-four hours, any pending charges or conviction
information the consumer learns about anyone sixteen years of
age and older who lives with the provider when care occurs
outside of the child's home.
[Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. 11-01-090, § 170-290-0031, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0031, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0031, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0031, filed 3/29/04 and 4/7/04, effective 5/28/04.]
(1) A copayment error. The consumer may be required to pay a higher copayment as stated in WAC 170-290-0085; or
(2) A WCCC payment error. If an overpayment occurs, the
consumer may receive an overpayment for what the provider is
allowed to bill, including billing for absent days (see
publication Child Care Subsidies, A Booklet for Licensed and
Certified Child Care Providers, ((DEL 22-877,)) revised
((2010)) 2012).
[Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. 11-01-090, § 170-290-0032, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0032, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0032, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0032, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0032, filed 3/29/04 and 4/7/04, effective 5/28/04.]
(1) Comply with:
(a) All of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified; or
(b) All of the requirements in WAC 170-290-0130 through 170-290-0167, 170-290-0250, and 170-290-0268, for child care providers who provide in-home/relative care;
(2) Report pending charges or convictions to DSHS as provided in:
(a) Chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified; or
(b) WAC 170-290-0138 (2) and (3), for child care providers who provide in-home/relative care;
(3) Keep complete and accurate daily attendance records for children in their care, and allow access to DEL to inspect attendance records during all hours in which authorized child care is provided as follows:
(a) Current attendance records (including records from the previous twelve months) must be available immediately for review upon request by DEL.
(b) Attendance records older than twelve months to five years old must be provided to DSHS or DEL within two weeks of the date of a written request from either department.
(c) Failure to make available attendance records as provided in this subsection may:
(i) Result in the immediate suspension of the provider's subsidy payments; and
(ii) Establish a provider overpayment as provided in WAC 170-290-0268;
(4) Allow consumers access to their child at all times while the child is in care;
(5) Collect copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment to the provider within the previous sixty days;
(6) Follow billing procedures:
(a) As described in "Child Care Subsidies: A Booklet for Licensed and Certified Child Care Providers," revised 2012, for licensed and certified providers, including billing only for actual hours of child care both authorized and provided or allowed under WCCC billing guidelines; or
(b) As described in "In-Home/Relative Child Care Providers: Information to Help You," revised 2012, for in-home/relative providers, including billing only for actual hours of child care both authorized and provided;
(7) Not claim a payment in any month in which a child has not attended at least one day in that month;
(8) Invoice the state no later than one calendar year after the actual date of service;
(9) For both licensed and certified providers and in-home/relative providers, not charge subsidized families the difference between the provider's customary rate and the maximum allowed state rate; and
(10) For licensed and certified providers, not charge subsidized families for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Absence days in excess of five days per month, regardless of whether the child attended or not;
(c) Handling fees to process consumer copayments, child care services payments, or paperwork;
(d) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state.
[]
(1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;
(2) Determine a consumer's eligibility within thirty days from the date the consumer applied (application date as described in WAC 170-290-0095);
(3) Allow a consumer to choose his or her provider as long as the provider meets the requirements in WAC 170-290-0125;
(4) Review a consumer's chosen in-home/relative provider's background check results;
(5) Authorize payments only to child care providers who allow a consumer to access his or her children whenever they are in care;
(6) Only authorize payment when no adult in a consumer's family (under WAC 170-290-0015) is able or available (under WAC 170-290-0003) to care for the consumer's children;
(7) Inform a consumer of:
(a) His or her rights and responsibilities under the WCCC program at the time of application and reapplication;
(b) The types of child care providers DSHS can pay;
(c) The community resources that can help a consumer select child care when needed; and
(d) Any change in a consumer's copayment during the authorization period except under WAC 170-290-0120(5).
(8) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:
(a) WCCC eligibility;
(b) Copayment; or
(c) Providers.
(9) Provide prompt child care payments to a consumer's child care provider;
(10) Provide an interpreter or translator service within
a reasonable amount of time and at no cost to the consumer;
((and))
(11) Ensure that Social Security cards, driver's licenses, or other government-issued identification for in-home/relative providers are valid and verified; and
(12) For providers who care for children in states bordering Washington, verify that they are currently complying with their state's licensing regulations.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0035, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0035, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0035, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0035, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0035, filed 3/29/04 and 4/7/04, effective 5/28/04. 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, with the following exception: In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care. These consumers may be eligible for other approved activities in their IRPs;
(2) Employment as defined in WAC 170-290-0003;
(3) Self-employment as defined in WAC 170-290-0003 and as described in the consumer's current WorkFirst IRP;
(4) Transportation time between the location of child care and the consumer's place of employment or approved activity;
(5) Up to ten hours per week of study time for approved classes; and
(6) Up to eight hours ((per day)) of sleep time ((when it
is needed, such as if the consumer works nights and sleeps
days)) before or after a night shift.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0040, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0040, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0040, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0040, filed 3/29/04 and 4/7/04, effective 5/28/04. 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) General requirements for employment or
self-employment. He or she may be eligible for WCCC benefits
for((:
(1))) up to a maximum of sixteen hours per day, including
travel, study, and sleep time((, for the hours of his or her
participation in the following)) before or after a night
shift, when he or she is:
(a) ((Employment as defined in)) Employed under WAC 170-290-0003; or
(b) ((Self-employment as defined in)) Self-employed under
WAC 170-290-0003((; (c))).
(2) Special requirements for education and training.
(a) An applicant or consumer who is under twenty-two
years of age may be eligible for WCCC benefits for high school
(HS) or general ((equivalency diploma)) educational
development (GED) program ((until the consumer reaches his or
her twenty-second birthday (the consumer may be enrolled in a
HS or GED program without a minimum number of employment
hours);
(d) Approved WorkFirst activities according to WAC 388-310-0200 or 388-310-0700 if the consumer is a TANF applicant; or
(e) Food stamp employment and training program under chapter 388-444 WAC.
(2) If a consumer is participating in an activity listed in subsections (3) through (8) of this section, he or she may be eligible for)) without a minimum number of employment hours.
(b) An applicant or consumer who is twenty-two years of age or older:
(i) May be eligible to receive the benefits under this subsection only once during his or her lifetime. In order to qualify for the general education and training benefits under this subsection, he or she must work either:
(A) Twenty or more hours per week of unsubsidized employment; or
(B) Sixteen or more hours per week in a paid federal or state work study program;
(ii) Is limited to up to twenty-four consecutive months of WCCC benefits for participation in:
(A) Adult basic education (ABE);
(B) English as a second language (ESL);
(C) High school/general educational development (GED) completion; or
(D) Food stamp employment and training program under chapter 388-444 WAC; and
(iii) Is limited to up to thirty-six consecutive months
of WCCC benefits ((as described in subsection (1) of this
section if the consumer is actually working either:
(a) Twenty or more hours per week; or
(b) Sixteen or more hours per week in a paid federal or state work study program.
(3) Adult basic education (ABE).
(4) English as a second language (ESL).
(5) High school or GED completion if the consumer is twenty-two years of age or older.
(6))) for participation in vocational education (Voc Ed).
The ((Voc Ed)) vocational education program must((:
(a))) lead to a degree or certificate in a specific
occupation((;
(b) Cannot include prerequisite classes or programs; and
(c))) and be offered by the following accredited entities only:
(((i))) (A) Public and private technical college or
school;
(((ii))) (B) Community college; or
(((iii))) (C) Tribal college.
(((7) Job skills training: For no more than fourteen
consecutive days. Job skills training is not tied to a
specific occupation but is training in specific skills
directly related to employment, such as CPR/First Aid,
keyboarding, computer programs, project management, and oral
and written communication skills. Training offered or
required by a current employer, at or off the consumer's job
site, may extend past the fourteen consecutive day limit.
(8) Post-employment services under WAC 388-310-1800.
(9) Child care for participation in Voc Ed is limited to thirty-six months regardless of the length of the educational program. The thirty-six months includes the months in which the following occurred at the same time:
(a) WCCC benefits were paid to support the consumer's participation in a Voc Ed program; or
(b) The consumer or someone in his or her household received TANF benefits.
(10) WCCC may be approved for activities listed in WAC 170-290-0040 (4), (5), and (6), when needed.))
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0045, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0045, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0045, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. 06-12-094, § 388-290-0045, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. 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) A TANF grant, except when the grant is for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;
(2) The following child support payment amounts:
(a) For applicants or consumers who are not receiving
DSHS division of child support services ((because they are
exempt for good cause under WAC 170-290-0030 (13)(a)(i))), the
amount as shown on a current court or administrative order; or
(b) For applicants or consumers who are receiving DSHS division of child support services, the amount as verified by the DSHS division of child support;
(c) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply.
(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 170-290-0070;
(9) VISTA volunteers, AmeriCorps, and Washington Service Corps (WSC) if the income is taxed;
(10) Gross wages from employment or self-employment as defined in WAC 170-290-0003. Gross wages includes any wages that are taxable;
(11) Corporate compensation received by or on behalf of the consumer, such as rent, living expenses, or transportation expenses;
(12) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings; and
(13) Income for the sale of property as follows:
(a) If a consumer sold the property before application, DSHS considers the proceeds an asset and does not count as income;
(b) If a consumer sold the property in the month he or she applies or during his or her eligibility period, DSHS counts it as a lump sum payment as described in WAC 170-290-0065(2);
(c) Property does not include small personal items such as furniture, clothes, and jewelry.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0060, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0060, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0060, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0060, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(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;
(f) Military housing and food allowance;
(g) The TANF grant for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;
(h) Payments to the consumer from his or her employer for benefits such as medical plans;
(i) Earned income of a WCCC family member defined under WAC 170-290-0015(2);
(j) Income of consumers described in WAC 170-290-0005
(1)(c)(iii) through (((i))) (ix);
(k) Earned income from a minor child who DSHS counts as part of the consumer's WCCC household; and
(l) Benefits received by children of Vietnam War veterans who are diagnosed with any forms of manifestations of spina bifida except spina bifida occulta.
(2) WCCC deducts the amount a consumer pays for child support under court order, division of child support administrative order, or tribal government order, from the consumer's other countable income when figuring his or her eligibility and copayment for the WCCC program.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0070, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0070, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0070, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0070, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) The consumer's monthly income decreases;
(b) The consumer's family size increases;
(c) 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 when
reporting a change in circumstances;
(e) The consumer is no longer eligible for the minimum copayment under WAC 170-290-0090;
(f) DEL makes a mass change in benefits due to a change in law or program funding;
(g) The consumer is approved for a new eligibility period; or
(h) The consumer is approved for the fourteen-day wait period or twenty-eight-day gap period as provided in WAC 170-290-0055.
(2) ((If a consumer's)) Copayment changes ((during his or
her eligibility period, the change is)) are effective on the
first day of the month immediately following ((DSHS becoming
aware of the change)) the date the copayment change was made.
(3) DSHS does not increase a consumer's copayment during his or her current eligibility period when his or her countable income remains at or below the maximum eligibility limit as provided in WAC 170-290-0005, and:
(a) The consumer's monthly countable income increases; or
(b) The consumer's family size decreases.
[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0085, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0085, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0085, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0085, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(2) First application. The consumer pays the minimum copayment when he or she first applies for WCCC, and benefits are paid. The consumer pays the minimum copayment beginning in the month that DSHS pays for WCCC child care services, and the first full calendar month thereafter.
(3) Reapplication. The consumer pays the minimum copayment when the consumer reapplies for WCCC after a break of at least thirty days in his or her approved activity. The consumer pays the minimum copayment beginning in the month that DSHS pays for WCCC child care services, and the first full calendar month thereafter.
(4) The consumer pays the minimum copayment when he or she is a minor parent, and:
(a) Receives TANF; or
(b) Is part of the parent's or relative's TANF assistance unit.
(5) Two-parent families automatically qualify for the minimum copayment during a twenty-eight-day gap period in WAC 170-290-0055 only if both parents meet the gap requirements. Otherwise, eligibility workers must determine the change in copayment based on the family's countable income and family size, as specified in WAC 170-290-0065 and 170-290-0085.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0090, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0090, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0090, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) The consumer's monthly copayment is higher than the state maximum monthly rate for all of the consumer's children in care under WAC 170-290-0005; or
(b) The consumer does not:
(i) ((Pay copayment fees assessed by DSHS and the
consumer does not make mutually acceptable arrangements with
his or her child care provider to pay the copayment;)) Comply
with the copayment requirements of WAC 170-290-0030 (3) and
(4);
(ii) Complete the requested application or reapplication before the deadline noted in WAC 170-290-0109 (2)(a);
(iii) Meet other WCCC eligibility requirements related to family size, income and approved activities; or
(iv) Cooperate with the ((quality assurance review))
child care subsidy audit process or with the DSHS ((division
of fraud investigations)) office of fraud and accountability
(OFA).
(2) A consumer may be eligible for WCCC again ((when))
beginning on the date that the consumer:
(a) Meets all WCCC eligibility requirements((, and:
(a) The consumer paid back copayment fees));
(b) ((The consumer made mutually acceptable payment
arrangements with his or her child care provider; or))
Complies with the copayment requirements of WAC 170-290-0003
(3) and (4); and
(c) ((The consumer cooperated)) Cooperates with the
((quality assurance review)) child care subsidy audit process
or with the DSHS ((division)) office of fraud
((investigations)) and accountability (OFA).
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0110, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0110, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0110, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) The in-home/relative provider's legal name, address, and telephone number;
(b) A copy of the provider's valid Social Security card;
(c) A copy of the provider's photo identification;
(d) A completed, signed and dated background check form; and
(e) A completed WCCC application form, signed and dated by the consumer and the provider, in which they both attest that the provider is:
(i) Of suitable character and competence;
(ii) Of sufficient physical and mental health to be a safe child care provider and meet the needs of the children in care;
(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;
(vi) Prompt and regular in job attendance; and
(vii) Informed about basic health practices, prevention and control of infectious disease, and immunizations.
(2) If DSHS requests it, the consumer and/or the provider must provide written medical or legal evidence that the in-home/relative provider is of sufficient physical and mental health to provide safe, reliable and developmentally appropriate child care services.
(3) When a consumer chooses in-home/relative child care, the provider must give DSHS information as to whether an individual sixteen years of age or older living with the provider is a registered sex offender.
[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0135, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0135, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0135, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0135, filed 3/29/04 and 4/7/04, effective 5/28/04. 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) Provide care, supervision, and daily activities based on the child's developmental needs;
(2) Report to DSHS within ten days any changes to their legal name, address or telephone number;
(3) Report to DSHS within twenty-four hours any pending charges or convictions they have;
(4) Report to DSHS within twenty-four hours any pending charges or convictions for anyone sixteen years of age and older who lives with the provider, including any person sixteen years of age or older who newly resides with the provider, when the provider cares for the child in the provider's home. Background checks must be completed for these persons as provided in WAC 170-290-0143;
(5) Bill only for actual hours of care provided. Those hours must be authorized by DSHS, and used by the consumer for his or her DSHS approved activities;
(6) Bill for no more than six children at one time during the same hours of care;
(7)(a) If paper attendance records are used, have the consumer sign and date the attendance records at least weekly, verifying the accuracy of the dates and times.
(b) Providers may use an electronic attendance system as provided in WAC 170-290-0139 to record attendance in lieu of a paper sign-in record.
(c) Providers must keep attendance records for five years documenting the days and hours of care provided;
(8) ((Have the consumer sign and date the records at
least weekly, verifying the accuracy of the dates and times;
(9))) Repay any overpayments under WAC 170-290-0268; and
(((10) Provide any of the records in subsections (7) and
(8) of this section that are requested by DSHS or DEL, within
fourteen consecutive calendar days of the request.)) (9) Have
at least one working telephone accessible in the home for
incoming and outgoing calls during all times that subsidized
child care is provided. The telephone must have 911 emergency
services calling access.
[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0138, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0138, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0138, filed 10/31/05, effective 12/1/05.]
(2) If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the in-home/relative provider's care.
(3) The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to:
(a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;
(b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;
(c) Uniquely identify each record;
(d) Capture an electronic record for each transaction conducted;
(e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit;
(f) Retain electronic records in an accessible form for their legal minimum retention period;
(g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;
(h) Produce authentic copies of electronic records and supply them in useable formats, including hard copies, for business purposes and all public access purposes;
(i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records;
(j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and
(k) Limit system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(4) Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:
(a) The contents of the electronic record;
(b) The method used to sign the electronic record, if applicable;
(c) The person signing the electronic record; and
(d) The date when the signature was executed.
(5) As used in this section:
"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.
"Sign" includes signing by physical signature, if available, or electronic signature.
[]
(a) A consumer's provider or an individual listed in WAC 170-290-0143(2) has a background containing a permanently
disqualifying conviction for crimes on the DEL director's list
in WAC 170-06-0120(1)((, DSHS permanently disqualifies the
person as an in-home/relative provider for WCCC)); or
(b) The in-home/relative provider intentionally or knowingly gives DSHS incorrect or misleading information or withholds information as to whether an individual sixteen years of age or over living with the provider is a registered sex offender.
(2) If the conditions in WAC 170-290-0167 (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. This subsection does not apply to subsection (1)(b) of this section.
[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0160, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0160, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0160, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) The provider's private pay rate for that child; or
(b) The 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 |
$28.53 $14.28 |
$23.99 $12.00 |
$22.67 $11.34 |
$21.34 $10.67 |
| Spokane County | Full-Day Half-Day |
$29.18 $14.61 |
$24.54 $12.28 |
$23.19 $11.61 |
$21.83 $10.91 |
| Region 2 | Full-Day Half-Day |
$28.81 $14.41 |
$24.05 $12.03 |
$22.30 $11.15 |
$19.73 $9.88 |
| Region 3 | Full-Day Half-Day |
$38.13 $19.07 |
$31.79 $15.89 |
$27.46 $13.73 |
$26.67 $13.34 |
| Region 4 | Full-Day Half-Day |
$44.38 $22.63 |
$37.06 $18.54 |
$31.09 $15.55 |
$28.00 $14.00 |
| Region 5 | Full-Day Half-Day |
$32.54 $16.26 |
$28.00 $14.00 |
$24.65 $12.32 |
$21.88 $10.95 |
| Region 6 | Full-Day Half-Day |
$31.99 $16.01 |
$27.46 $13.73 |
$23.99 $12.00 |
$23.46 $11.74 |
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.
(2) The child care center WAC 170-295-0010 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)) exception from their child care licensor to provide
care for a child outside the age listed on the center's
license. If the provider has ((a waiver)) an exception to
care for a child who has reached his or her thirteenth
birthday, the payment rate is the same as subsection (1) of
this section, and the five to twelve year age range column is
used for comparison.
(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)) exception and the child must meet the
special needs requirement according to WAC 170-290-0220.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0200, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0200, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0200, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0200, filed 3/29/04 and 4/7/04, 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.]
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table.
| Infants (Birth - 11 mos.) |
Enhanced Toddlers (12 - 17 mos.) |
Toddlers ( 18 - 29 mos.) |
Preschool (30 mos. - 5 yrs) |
School-age (5 - 11 yrs) |
||
| Region 1 | Full-Day Half-Day |
$24.29 $12.14 |
$24.29 $12.14 |
$21.12 $10.56 |
$21.12 $10.56 |
$18.78 $9.39 |
| Spokane County | Full-Day Half-Day |
$24.84 $12.42 |
$24.84 $12.42 |
$21.60 $10.80 |
$21.60 $10.80 |
$19.21 $9.60 |
| Region 2 | Full-Day Half-Day |
$25.65 $12.82 |
$25.65 $12.82 |
$22.30 $11.15 |
$19.95 $9.97 |
$19.95 $9.97 |
| Region 3 | Full-Day Half-Day |
$34.03 $17.02 |
$34.03 $17.02 |
$29.33 $14.67 |
$25.81 $12.91 |
$23.46 $11.74 |
| Region 4 | Full-Day Half-Day |
$40.04 $20.03 |
$40.04 $20.03 |
$34.81 $17.42 |
$29.33 $14.67 |
$28.16 $14.08 |
| Region 5 | Full-Day Half-Day |
$26.99 $13.50 |
$26.99 $13.50 |
$23.46 $11.74 |
$22.30 $11.15 |
$19.95 $9.97 |
| Region 6 | Full-Day Half-Day |
$26.99 $13.50 |
$26.99 $13.50 |
$23.46 $11.74 |
$23.46 $11.74 |
$22.30 $11.15 |
(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)) exception and the child must meet the
special needs requirement according to WAC 170-290-0220.
(4) DSHS pays 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) DSHS 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 legal guardian or the guardian's spouse or live-in partner; or
(c) Another adult acting in loco parentis or that adult's spouse or live-in partner.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0205, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0205, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0205, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0205, filed 3/29/04 and 4/7/04, 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.]
(((1))) (a) Be thirteen up to nineteen years old and be
under court supervision; or
(((2))) (b) Be less than nineteen years old((; and
(a))) and have a verified physical, mental, emotional, or
behavioral condition that requires a higher level of care
((while in the care of a licensed or certified facility, a DEL
contracted seasonal day camp or an in-home/relative provider;
and
(b))) needed in the child care setting.
(2) Required documentation. Documentation must:
(a) Support the severity of the condition and level of care required to meet that child's need;
(b) Describe the child's needs in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care;
(c) Address relevant areas, such as ambulatory assistance, feeding, hygiene assistance, communication, or behavior as applicable and as needed by the child;
(d) Include the DEL special needs request form completed by the consumer and the provider; and
(e) Have ((their)) the child's condition and need for
higher level of care verified by an individual who is not
employed by the child care facility nor a relative of the
provider or the child's family, and is either a:
(i) Health, mental health, education or social service professional with at least a master's degree; or
(ii) Registered nurse;
(f) Include one or more of the following completed forms from a person listed in (e) of this subsection:
(i) Individualized education plan (IEP);
(ii) Individual habilitation plan (IHP);
(iii) Individual family plan (IFP);
(iv) Basic health records from his or her health care provider;
(v) Comprehensive assessments from a mental health professional; or
(vi) Medical or psychological reports from a mental health professional.
(3) Special needs review.
(a) DSHS processes all Level 1 special needs cases.
(b) DEL and DSHS jointly process Level 2 and Level 3 special needs cases.
(c) All requests for Levels 1, 2, and 3 special needs additional rates are decided within fifteen consecutive days of the initial request. The fifteen-day time limit begins on the day after the date that the consumer and provider provide all of the required verification for that case as provided in this section.
(4) Purpose of special needs rate. WCCC does not pay for the provider's training needs to care for a specific child or for the child's equipment needs while in the child care setting. The special needs rate is for care provided in addition to the daily routine care required under chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified, or WAC 170-290-0130 and 170-290-0138 for child care providers who provide in-home/relative care.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0220, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0220, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0220, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) ((The provider's reasonable documented additional
cost associated with the care of the child; or
(b))) Level 1. The daily rate listed in the table below:
| 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 |
$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 |
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates;
(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour; or
(c) Level 3. A rate that exceeds $15.89 per hour.
(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) Be at least eighteen years of age; and
(b) Meet the requirements for being an assistant under chapter 170-295 WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.
(((4))) (3) If the provider has ((a waiver)) an exception
to care for a child who:
(a) Is thirteen years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS authorizes 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 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0225, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0225, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0225, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) ((The provider's reasonable documented additional
cost associated with the care of the child; or
(b))) Level 1. The daily rate listed in the table below:
| Infants (Birth - 11 mos.) |
Toddlers (12 - 29 mos.) |
Preschool (30 mos. - 5 yrs) |
School-age (5 - 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 |
(c) Level 3. A rate that exceeds $15.89 per hour.
(2) ((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)) an exception to
care for a child who:
(a) Is twelve years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five to eleven year age range for comparison.
(((4))) (3) 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) Be at least eighteen years old; and
(b) Meet the requirements for being an assistant under chapter 170-296 WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0230, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0230, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0230, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(2))) In addition to the base rate as provided in WAC 170-290-0240(1), the state may authorize((s whichever of)) the
following ((is greater)) additional special needs rate which
is reasonable and verifiable as provided in WAC 170-290-0220:
(a) Level 1. Sixty-two cents per hour, for a total of
two dollars and eighty-two cents per hour; ((or))
(b) ((The provider's reasonable documented additional
cost associated with the care for that child)) Level 2. A
rate greater than Level 1, but not to exceed $9.41 per hour;
or
(c) Level 3. A rate that exceeds $9.41 per hour.
(((3) The in-home/relative provider must verify the
child's additional care needs when they request a rate above
that listed in subsection (2)(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.
(4))) (2) If other children in the home are also authorized for in-home/relative care with the same provider, DSHS authorizes two dollars and twenty cents per hour for the child who needs the greatest number of hours of care and two dollars and seventeen cents per hour for the care of each additional child in the family.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0235, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0235, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0235, filed 3/29/04 and 4/7/04, effective 5/28/04. 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.]
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy rate of two dollars and twenty cents per hour for the child who needs the greatest number of hours of care and two dollars and seventeen cents per hour for the care of each additional child in the family.
(2) DSHS may pay above the maximum hourly rate for children who have special needs under WAC 170-290-0235.
(3) DSHS makes the WCCC payment directly to a consumer's eligible provider.
(4) When ((appropriate)) applicable, DSHS pays the
employer's share of the following:
(a) Social Security and medicare taxes (FICA) up to the wage limit;
(b) Federal Unemployment Taxes (FUTA); and
(c) State unemployment taxes (SUTA) ((when applicable)).
(5) If an in-home/relative provider receives less than the wage base limit per family in a calendar year, DSHS refunds all withheld taxes to the provider.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0240, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0240, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0240, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0240, 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, § 388-290-0240, filed 12/19/01, effective 1/19/02.]
(a) Licensed and certified providers for authorized care up to the provider's licensed capacity as determined under WAC 170-151-080, 170-295-0080, or 170-296A-5700, as appropriate; and
(b) In-home/relative providers for authorized care up to a maximum of six eligible children as provided in WAC 170-290-0138(6).
(2) Licensed providers may not bill the state for more than the number of children they have in their licensed capacity and who are authorized to receive child care subsidies.
(3) A violation of subsection (2) of this section may:
(a) Result in the immediate suspension of the provider's subsidy payments; and
(b) Establish a provider overpayment as provided in WAC 170-290-0268.
(4) As used in this section, "capacity" has the same meaning as defined in WAC 170-151-010, 170-295-0010, and 170-296A-0010.
[]
(a) Bills and receives payment for services not provided;
(b) Bills without attendance records that support their billing;
(c) Bills and receives payment for more than they are
eligible to bill; ((or))
(d) With respect to license-exempt providers, bills the state for more than six children at one time during the same hours of care; or
(e) With respect to licensed or certified providers
((only,)):
(i) Bills the state for more than the number of children they have in their licensed capacity; or
(ii) Is caring for a WCCC child outside their licensed
allowable age range without ((a waiver)) a DEL-approved
exception; or
(f) With respect to certified providers caring for children in a state bordering Washington:
(i) Is determined not to be in compliance with their state's licensing regulations; or
(ii) Fails to notify DSHS within ten days of any suspension, revocation, or change to their license.
(2) ((DEL's or DSHS's WCCC program staff)) DEL or DSHS
may request documentation from a provider when preparing to
establish an overpayment. The provider has fourteen
consecutive calendar days to supply any requested
documentation.
(3) Providers are required to repay any payments that they were not eligible to receive.
(4) If an overpayment was made through departmental error, the provider is still required to repay that amount.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0268, filed 10/28/09, effective 12/1/09.]
(a) Received benefits when he or she was not eligible;
(b) Used care for an unapproved activity or for children not in his or her WCCC household;
(c) Failed to report information to DSHS resulting in an error in determining eligibility, amount of care authorized, or copayment;
(d) Used a provider that was not eligible per WAC 170-290-0125; or
(e) Received benefits for a child who was not eligible per WAC 170-290-0015 or 170-290-0020.
(2) ((DEL's or DSHS's staff)) DEL or DSHS may request
documentation from a consumer when preparing to establish an
overpayment. The consumer has fourteen consecutive calendar
days to supply any requested documentation.
(3) Consumers are required to repay any benefits paid by DSHS that they were not eligible to receive.
(4) If an overpayment was made through departmental error, the consumer is still required to repay that amount.
(5) If a consumer is not eligible under WAC 170-290-0032 and the provider has billed correctly, the consumer is responsible for the entire overpayment, including any absent days.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0271, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0271, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0271, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0271, filed 3/29/04 and 4/7/04, effective 5/28/04.]
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3530, filed 5/31/11, effective 7/1/11. 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.]
(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 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 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 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 DSHS ((division)) office of fraud
((investigations (DFI))) and accountability (OFA) 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 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 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 the child care provider's
private rate and the state maximum child care subsidy rate,
when ((their)) the provider's private rate for child care ((or
the registration fee)) is higher than the maximum state rate;
and
(14) Not be charged by the consumer's licensed or certified provider, or be made to pay for:
(a) The difference between the provider's registration fee and the state's maximum registration fee, when the provider's 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)) stops caring for the consumer's
children.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3560, filed 5/31/11, effective 7/1/11. 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.]
(1) Give DSHS correct and current information so that 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 outside of the consumer's home;
(4) Pay the provider for child care services when the consumer requests additional child care for personal reasons other than working or participating in SCC approved activities that have been authorized by DSHS;
(5) Pay the provider for optional child care programs for the child that the consumer requests. The provider must have a written policy in place charging all families for these optional child care programs;
(6) Pay((, or make arrangements for someone to pay, the
consumer's SCC)) the copayment directly to the child care
provider or arrange for a third party to pay the copayment
directly to the provider;
(7) In cases of overdue or past due copayments, the consumer, as a condition of maintaining his or her eligibility, must do one or more of the following:
(a) Pay past or overdue copayments;
(b) Give DSHS a written agreement between the provider and consumer to verify that copayment arrangements include one or more of the following:
(i) An installment payment plan;
(ii) A collection agency payment plan;
(iii) In-kind services in lieu of paying the copayment; or
(iv) Forgiveness of the copayment from the provider; or
(c) Provide proof that the consumer has attempted to pay a copayment to a licensed provider who is no longer in business or a license-exempt provider who is no longer providing child care. "Proof" includes, but is not limited to, a return receipt that was signed for and not responded to, or a returned document that was not picked up;
(8) 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;
(((8) 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))
(9) Document their child's attendance in subsidized child care by having the consumer or other person authorized by the consumer to take the child to or from child care:
(a) If the licensee uses a paper attendance record, sign the child in on arrival and sign the child out at departure, using their full signature and writing the time of arrival and departure; or
(b) Record the child's attendance using an electronic system if used by the licensee;
(10) Provide the information requested by the ((DSHS))
fraud early detection (FRED) investigator from the DSHS office
of fraud and accountability (OFA). If the consumer refuses to
provide the information requested within fourteen days, it
could affect his or her SCC program subsidies. If DSHS
determines a consumer is not cooperating by supplying the
requested information, the consumer will not be eligible for
SCC program subsidies. The consumer may become eligible again
when he or she meets SCC program requirements in part III of
this chapter;
(11) Ensure that their children who receive subsidized child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:
(a) A department of health (DOH) medical exemption form signed by a health care professional; or
(b) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3565, filed 5/31/11, effective 7/1/11. 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.]
(1) Comply with all of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-151 WAC;
(2) Report pending charges or convictions to DSHS as provided in chapter 170-295, 170-296A, or 170-151 WAC;
(3) Keep complete and accurate daily attendance records for children in their care; and allow access to DEL to inspect attendance records during all hours in which authorized child care is provided as follows:
(a) Current attendance records (including records from the previous twelve months) must be available immediately for review upon request by DEL.
(b) Attendance records older than twelve months to five years old must be provided to DSHS or DEL within two weeks of the date of a written request from either department.
(c) Failure to make available attendance records as provided in this subsection may:
(i) Result in the immediate suspension of the provider's subsidy payments; and
(ii) Establish a provider overpayment as provided in WAC 170-290-0268;
(4) Allow consumers access to their child at all times while the child is in care;
(5) Collect copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment to the provider within the previous sixty days;
(6) Follow billing procedures as described in "Child Care Subsidies: A Booklet for Licensed and Certified Child Care Providers" revised 2012, including billing only for actual hours of child care provided or allowed under WCCC billing guidelines;
(7) Not claim a payment in any month in which a child has not attended at least one day in that month;
(8) Invoice the state no later than one calendar year after the actual date of service;
(9) Not charge subsidized families for:
(a) The difference between the provider's customary rate and the maximum allowed state rate;
(b) Registration fees in excess of what is paid by subsidy program rules;
(c) Absence days in excess of five days per month, regardless of whether the child attended or not;
(d) Handling fees to process consumer copayments, child care services payments, or paperwork;
(e) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(f) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state; and
(10) For providers who care for children in states bordering Washington, verify that they are currently complying with their state's licensing regulations, and notify DSHS within ten days of any suspension, revocation, or changes to their license.
[]
(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
((2010)) 2012).
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3580, filed 5/31/11, effective 7/1/11. 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.]
(1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations and policies;
(2) Complete applications for SCC program subsidies based on information the consumer provides, and determine a consumer's eligibility within thirty days from the date the consumer applied;
(3) Accept a variety of forms of verification and may not specify the type of documentation required;
(4) Authorize payments only to a licensed or certified child care provider the consumer chooses who meets the requirements in WAC 170-290-3750;
(5) 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;
(6) 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;
(7) Provide prompt child care authorizations to a consumer's child care provider;
(8) 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
(9) 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, and chapter 43.215 RCW. 11-12-078, § 170-290-3590, filed 5/31/11, effective 7/1/11. 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.]
(1) Wages and commissions earned from employment;
(2) Unemployment compensation;
(3) ((A TANF or other welfare grant;
(4))) The following child support payment((s received))
amounts:
(a) For applicants or consumers who are not receiving DSHS division of child support services, the amount as shown on a current court or administrative order; or
(b) For applicants or consumers who are receiving DSHS division of child support services, the amount as verified by the DSHS division of child support;
(((5))) (4) Supplemental Security Income (SSI);
(((6))) (5) Other Social Security payments, such as
Social Security Administration (SSA) and Social Security
disability insurance (SSDI);
(((7))) (6) Refugee assistance payments;
(((8))) (7) Payments from the Veterans' Administration;
(((9))) (8) Pensions or retirement income;
(((10))) (9) Payments from labor and industries (L&I), or
disability payments;
(((11))) (10) Lump sums as money a consumer receives from
a one-time payment such as back child support, an inheritance,
or gambling winnings;
(((12))) (11) Other types of income not listed in WAC 170-290-3630; and
(((13))) (12) Gross wages from employment or
self-employment income as defined in WAC 170-290-0003. Gross
wages include any wages that are taxable.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3610, filed 5/31/11, effective 7/1/11. 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.]
(2) A consumer's eligibility may be for less than six months if requested by the consumer.
(3) A consumer's eligibility may end sooner than six months if:
(a) The consumer no longer wishes to participate in SCC; or
(b) DSHS terminates the consumer's eligibility as stated in WAC 170-290-3855.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3660, filed 5/31/11, effective 7/1/11. 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.]
(2) Licensed providers may not bill the state for more than the number of children they have in their licensed capacity and who are authorized to receive child care subsidies.
(3) A violation of subsection (2) of this section may:
(a) Result in the immediate suspension of the provider's subsidy payments; and
(b) Establish a provider overpayment as provided in WAC 170-290-0268.
(4) As used in this section, "capacity" has the same meaning as defined in WAC 170-151-010, 170-295-0010, and 170-296A-0010.
[]
(a) The consumer's monthly copayment is equal to or higher than the state maximum monthly child care 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
payment)) comply with the copayment requirements of WAC 170-290-3565 (6) and (7); or
(iv) Refuses to cooperate with ((investigations conducted
by quality assurance staff)) the child care subsidy audit
process or the ((division)) DSHS office of fraud
((investigations)) and accountability (OFA).
(2) A consumer might be eligible for SCC program
subsidies again ((when)) beginning on the date that the
consumer:
(a) ((The consumer)) Meets all SCC program eligibility
requirements;
(b) ((The consumer pays back copayment fees or made
mutually acceptable payment arrangements with his or her child
care provider; or)) Complies with the copayment requirements
of WAC 170-290-3565(6); and
(c) ((The consumer cooperated with the quality assurance
review process or with the DSHS division of fraud
investigations.)) Cooperates with the child care subsidy audit
process or with the DSHS office of fraud and accountability
(OFA).
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-3855, filed 5/31/11, effective 7/1/11. 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.]
OTS-4529.3
AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08,
effective 4/19/08)
WAC 170-295-0030
((What must I do to be eligible))
Eligibility to receive state child care subsidies((?)).
To be
eligible to receive state child care subsidies for children in
((your)) their care ((you)), individuals, entities and
agencies must:
(1) Be licensed or certified;
(2) Be a seasonal camp that has a contract with ((us))
DEL and is certified by the American Camping Association;
(3) Follow billing policies and procedure in Child Care
Subsidies: A Booklet for Licensed and Certified Child Care
Providers, ((DEL 22-877)) revised 2012;
(4) Bill ((us)) at ((your)) the individual's, entity's,
or agency's customary rate or the state rate, whichever is
less; and
(5) Keep ((the)) attendance records as described in WAC 170-295-7030 and ((the)) invoices for state-paid children
on-site for at least five years as provided in WAC 170-295-7031.
[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-295-0030, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-295-0030, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-0030, filed 6/30/03, effective 8/1/03.]
(a) Completed enrollment application signed by the parent;
(b) Name, birth date, dates of enrollment and termination, and other identifying information;
(c) Name, address, and home and business telephone number of the parent and other person to be contacted in case of an emergency;
(d) Health history;
(e) Individual plan of care when needed for chronic health conditions and life threatening medical conditions;
(f) Written consent from the parent for ((you)) the
licensee to seek and approve medical care in an emergency
situation, a court order waiving the right of informed
consent, or the parent's alternate plans for emergency medical
and surgical care if the parent can not be reached;
(g) Information on how to contact the parents, especially in emergencies;
(h) Instructions from the parent or health care providers related to medications, specific food or feeding requirements, allergies, treatments, and special equipment or health care needs if necessary;
(i) Written records of any illness or injury that occurs during child care hours and the treatment provided; and
(j) Written records of any medications given while the child is at child care.
(2) ((You)) Licensees must include the following
authorizations in each child's record:
(a) Name, address, and telephone number of the person authorized to remove the child from the center;
(b) Written parental consent for transportation to and from school; and
(c) Written parental consent for transportation provided
by the center to and from field trips, including field trip
location, date of trip, departure and arrival times and any
other additional information on which the parent may need to
be advised ((of)).
(3) ((You can)) Licensees may use any health history form
((you)) that the licensee chooses as long as it includes:
(a) The date of the child's last physical exam or the date the child was last seen by a health care provider for reasons other than immunizations;
(b) Allergies, expected symptoms, and method of treatment if necessary;
(c) Health and developmental concerns or issues;
(d) Any life threatening medical condition that requires an individual health plan;
(e) A list of current medications used by the child;
(f) Name, address, and phone number of the child's health care provider; and
(g) Name, address, and phone number of the child's dentist, if the child has a dentist.
(4) The individual records, including the certificate of immunization status, must be kept on the premises:
(a) For each child currently in care; and
(b) For ((one)) five years after the child leaves
((your)) enrollment in the licensee's care.
[06-15-075, recodified as § 170-295-7010, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 04-09-093, § 388-295-7010, filed 4/20/04, effective 5/21/04; 03-14-110, § 388-295-7010, filed 6/30/03, effective 8/1/03.]
(1) The parent or other person authorized by the parent to take the child to or from the center must:
(a) Sign in the child on arrival and sign out the child
at departure, using their full ((legal)) signature and writing
the time of arrival and departure; or
(b) Record the child's attendance using an electronic system if used by the licensee under WAC 170-295-7032;
(2) When the child leaves the center to attend school or
participate in offsite activities as authorized by the parent,
((you or your)) the licensee or staff must sign out the child,
and sign in the child on return to the center; and
(3) Paper and electronic attendance records and invoices
for state ((paid)) subsidized children must be kept on the
premises for at least five years after the child leaves
((your)) the licensee's care as provided in WAC 170-295-7031.
[06-15-075, recodified as § 170-295-7030, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapters 74.12 and 74.15 RCW. 03-14-110, § 388-295-7030, filed 6/30/03, effective 8/1/03.]
(1) Current records (including records from the previous twelve months) must be kept in the licensed space and be available for the department's review.
(2) Records older than twelve months to five years old must be provided to the department within two weeks of the date of the department's written request.
[]
(2) If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee's care.
(3) The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to:
(a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;
(b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;
(c) Uniquely identify each record;
(d) Capture an electronic record for each transaction conducted;
(e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit;
(f) Retain electronic records in an accessible form for their legal minimum retention period;
(g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;
(h) Produce authentic copies of electronic records and supply them in useable formats, including hard copies, for business purposes and all public access purposes;
(i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records;
(j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and
(k) Limit system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(4) Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:
(a) The contents of the electronic record;
(b) The method used to sign the electronic record, if applicable;
(c) The person signing the electronic record; and
(d) The date when the signature was executed.
(5) As used in this section:
"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.
"Sign" includes signing by physical signature, if available, or electronic signature.
[]
OTS-4786.1
AMENDATORY SECTION(Amending WSR 11-23-068, filed 11/14/11,
effective 3/31/12)
WAC 170-296A-2125
Child attendance records -- Staff to
child ratio records.
The licensee must also keep records of:
(1) Daily attendance for each child counted in capacity that includes the:
(a) Child's dates of attendance;
(b) Time the child arrives or returns to the child care, including signature of the person authorized by the child's parent or guardian to sign the child in; and
(c) Time the child leaves from the licensee's care including signature of the person authorized by the child's parent or guardian to sign the child out; and
(2) Names of staff being counted to meet the daily staff-to-child ratio requirements.
(3) Electronic attendance records if the child's attendance is recorded using an electronic system under WAC 170-296A-2126.
[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-23-068, § 170-296A-2125, filed 11/14/11, effective 3/31/12.]
(2) If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee's care.
(3) The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to:
(a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;
(b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;
(c) Uniquely identify each record;
(d) Capture an electronic record for each transaction conducted;
(e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit;
(f) Retain electronic records in an accessible form for their legal minimum retention period;
(g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;
(h) Produce authentic copies of electronic records and supply them in useable formats, including hard copies, for business purposes and all public access purposes;
(i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records;
(j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and
(k) Limit system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(4) Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:
(a) The contents of the electronic record;
(b) The method used to sign the electronic record, if applicable;
(c) The person signing the electronic record; and
(d) The date when the signature was executed.
(5) As used in this section:
"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
"Sign" includes signing by physical signature, if available, or electronic signature.
[]