WSR 15-19-168

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[Filed September 23, 2015, 11:40 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-12-120.

Title of Rule and Other Identifying Information: WAC 170-290-0130 In-home/relative providers—Eligibility, 170-290-0135 In-home/relative providers—Information provided to DSHS, and 170-290-0138 In-home/relative providers—Responsibilities.

Hearing Location(s): Tacoma DSHS/DEL Office, Conference Room #390, 1949 South State Street, Tacoma, WA 98405, on Tuesday, October 27, 2015, at 10:00 a.m.; at NEW ESD 101, Conference Center, Classroom 2, 4202 South Regal Street, Spokane, WA 99223, on Wednesday, October 28, 2015, at 10:00 a.m.; and at the Educational Service District 123, Grand Ronde Room, 3918 West Court Street, Pasco, WA 99301, on Thursday, October 29, 2015, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 29, 2015.

Submit Written Comments to: Rules Coordinator, Department of Early Learning (DEL), P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 725-4925, by October 29, 2015.

Assistance for Persons with Disabilities: Contact DEL rules coordinator by October 22, 2015, (360) 725-4670.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposed rule making is to update eligibility standards for license exempt, in-home/relative providers. DEL proposes to add language to the existing provider eligibility rules that will prohibit license exempt, in-home/relative child care providers from receiving child care subsidy payments if the provider has had a child care license revoked.

Reasons Supporting Proposal: Current rules state that DSHS will not pay for the cost of child care provided by an in-home/relative provider if the provider does not meet certain requirements. Examples include being charged with or convicted of certain crimes, not completing background checks, or DSHS determining that a provider is not of suitable character and competence to meet the needs of children in care. The proposed rules are needed to enhance and promote the health and safety of children in care.

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

Statute Being Implemented: Chapter 43.215 RCW.

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

Name of Proponent: DEL, governmental.

Name of Agency Personnel Responsible for Drafting: Matt Judge, Subsidy Policy Supervisor, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4523; Implementation and Enforcement: DEL licensing offices, statewide.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.

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

September 23, 2015

Ross Hunter

Director

AMENDATORY SECTION (Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0130 In-home/relative providers—Eligibility.

(1) To be eligible as an in-home/relative provider to care for children under WCCC, the applicant must be:

(a) Eighteen years of age or older;

(b) A citizen or legal resident of the U.S.; and

(2) Additionally, eligible in-home/relative providers must:

(a) Meet all applicable background check requirements in part II of this chapter;

(b) Agree to provide care, supervision, and daily activities based on the child's developmental needs, including environmental, physical, nutritional, emotional, cognitive, safety, and social needs; and

(c) Bill only for actual hours of care provided. Those hours must be authorized by DSHS, and used by the parent for his or her DSHS approved activities or work hours.

(3) The following eligible in-home/relative providers, except those providers residing with a disqualified person, may provide care in either their home or the child's home:

(a) Adult siblings that live outside the child's home;

(b) Extended tribal family members;

(d) Aunt or uncle, or great-aunt or great-uncle.

(4) All other eligible providers, including other family members, friends, neighbors, or nannies must provide care in the child's home only.

(5) The following persons are not eligible to provide in-home/relative care under part II of this chapter:

(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))

(d) An individual who has a revoked child care license.

(6) WCCC consumers may have up to two in-home/relative providers authorized for payment during the consumer's eligibility period, plus one back-up provider, either licensed or in-home/relative also authorized to care for the consumer's children.

(7) WCCC consumers who choose in-home/relative care are responsible to monitor the environment and child care services they receive from their provider. WCCC consumers must ensure that their children who receive subsidized child care outside of their own home are current on all Washington state immunizations, except in cases based on religious preference or medical conditions.

(8) 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.

AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0135 In-home/relative providers—Information provided to DSHS.

(1) When a consumer chooses in-home/relative child care, the consumer and the provider must give DSHS the following information:

(a) The in-home/relative provider's legal name, address, and telephone number;

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

(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; and

(viii) Not an individual whose child care license has been revoked.

(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.

AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0138 In-home/relative providers—Responsibilities.

An in-home/relative provider must:

(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) Report a revoked child care license;

(6) 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))) (7) Bill for no more than six children at one time during the same hours of care;

(((7))) (8)(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.

(((8))) (9) Repay any overpayments under WAC 170-290-0268; and

(((9))) (10) 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.