WSR 17-01-156 EXPEDITED RULES DEPARTMENT OF EARLY LEARNING [Filed December 21, 2016, 9:31 a.m.]
Title of Rule and Other Identifying Information: New sections for administering wait lists in the working connections child care (WCCC) and seasonal child care (SCC) subsidy programs: WAC 170-290-2210 Eligibility, 170-290-2220 Benefits start, 170-290-2230 Withdrawal from and reinstatement to the wait list, 170-290-2240 Provider payments, and 170-290-3506 Wait list for seasonal child care.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Anderson, Rules Coordinator, Department of Early Learning (DEL), P.O. Box 40970, Olympia, WA 98504-0970, or email rules@del.wa.gov, AND RECEIVED BY February 21, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Budgetary limits on child care subsidy programs require rules for administering wait lists in the event consumer need exceeds program capacity. These rules clarify how wait lists will be administered, including prioritization, when benefits start for a consumer who is taken off the wait list, withdrawal from and reinstatement to the wait list, and provider payment terms.
Reasons Supporting Proposal: The department of early learning administers Washington state's WCCC and SCC subsidy programs. Forecasts for these programs indicate that consumer needs will exceed the program funds appropriated by the legislature before the end of June 2017 and likely exceed the 2018-19 appropriation. A substantial number of families placed on a WCCC wait list are likely to apply for and be determined eligible for SCC, and data indicates that SCC enrollment would therefore likely exceed its limit. Wait lists will be created when consumer needs exceed the appropriated funds for these programs and it will be necessary to have rules in place for uniform administration and to inform the public of agency operations.
The proposals relate only to internal governmental operations that are not subject to violation by a person. DEL believes the proposals comply with RCW 34.05.353 (1)(a) and may be adopted through expedited rule making.
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) 725-4665; Implementation and Enforcement: DEL/DSHS, statewide.
December 21, 2016
Ross Hunter
Director
Wait List for Child Care Programs
NEW SECTION
WAC 170-290-2210 Eligibility.
(1) If the applicant or reapplicant meets one of the qualifiers of the priority list and otherwise meets all eligibility requirements of Part II or III of this chapter, the applicant or reapplicant will not be placed on the wait list and will be eligible to receive WCCC subsidies. The priority list includes:
(a) Families applying for or receiving TANF;
(b) TANF families curing sanction;
(c) Families that received subsidies within the last thirty days and:
(i) Have reapplied for subsidies; and
(ii) Have household income of two hundred percent federal poverty level or below.
(d) Families that include a child with special needs;
(e) Teen parents (under age twenty-two) who are not living with a parent/guardian, and are attending high school with an on-site child care center;
(f) Families that are homeless according to the McKinney-Vento Act definition; and
(g) Families that include a child enrolled in Early Head Start-Child Care Partnership slots.
(2) To the extent that available funds are insufficient to allow all priority groups to not be placed on the wait list and be eligible to receive WCCC subsidies, only the highest ranked groups will be prioritized. The priority groups are ranked in the order listed in subsection (1)(a) of this section, highest to lowest.
(3) An applicant or reapplicant not belonging to a group on the priority list will be placed on the wait list upon approval of eligibility.
(4) The consumer will be placed on the wait list based on the date of the application or reapplication.
(5) If the applicant or reapplicant remains on the wait list for twelve months or longer, a new eligibility determination will be required when child care becomes available.
NEW SECTION
WAC 170-290-2220 Benefits start.
(1) DSHS notifies the consumer that child care is available by sending written notice.
(2) If otherwise eligible, the consumer's twelve-month eligibility period begins on the date the consumer is removed from the wait list.
NEW SECTION
WAC 170-290-2230 Withdrawal from and reinstatement to the wait list.
(1) The consumer will be withdrawn from the wait list when the consumer does not return the requested income verification of new employment by the sixtieth day per WAC 170-290-0012.
(2) The consumer must reapply for eligibility per WAC 170-290-2210, if the required information is received after the end of the advance notice period.
(3) If the consumer is withdrawn from the wait list for not returning information and the consumer provides the requested information during the ten-day advance notice period and remains eligible for child care:
(a) DSHS may reinstate the consumer to the wait list; and
(b) DSHS may reinstate the consumer on the wait list using the same application date prior to the withdrawal from the wait list.
NEW SECTION
WAC 170-290-2240 Provider payments.
(1) The consumer chooses an eligible provider under WAC 170-290-0125 and the provider cares for the children during an eligibility period.
(2) Provider payment begin date is:
(a) The date the family comes off the wait list when an eligible provider is already providing care;
(b) The date an eligible provider begins to provide care after the family comes off the wait list; or
(c) The date a provider becomes an eligible provider, when providing care before the provider is eligible and the family comes off the wait list.
(3) DSHS will send an authorization letter to the consumer and provider.
NEW SECTION
WAC 170-290-3506 Wait list for seasonal child care.
The wait list for seasonal child care is determined as provided in WAC 170-290-2210 through 170-290-2240.
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