WSR 18-12-081 EMERGENCY RULES DEPARTMENT OF EARLY LEARNING [Filed June 4, 2018, 3:08 p.m., effective June 4, 2018, 3:08 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Allow benefit revisions during a benefit eligibility period for the months of June, July, and August for families who have school-aged children participating in working connections child care and seasonal child care programs. Citation of Rules Affected by this Order: Amending WAC 170-290-0190. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: Once benefits are authorized for working connections child care and seasonal child care eligible families, the amount of hours authorized may be changed only under certain conditions. One such condition is the June - August summer break from school. The number of "nonschool" days in June 2018 will require benefit changes for that month for families with school-aged children as well as the months of July and August. The amendment better clarifies how many hours of child care may be authorized per month during the months of June, July, and August. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: June 4, 2018. Heather Moss Director
AMENDATORY SECTION (Amending WSR 17-23-057, filed 11/9/17, effective 12/10/17)
WAC 170-290-0190 WCCC benefit calculations.
(1) The amount of care a consumer may receive is determined by DSHS at application or reapplication. ((The consumer does not need to be in approved activities or a reported activity schedule, except at application or reapplication.)) Once the care is authorized, the amount will not be reduced during the eligibility period unless:
(a) The consumer requests the reduction;
(b) The care is for a school-aged child as described in subsection (3) of this section; ((and)) or
(c) Incorrect information was given at application or reapplication ((according to WAC 170-290-0030)).
(2) To determine the amount of weekly hours of care needed, DSHS ((will)) reviews:
(a) The consumer's participation in approved activities ((per WAC 170-290-0040, 170-290-0045, 170-290-0050, and 170-290-0055;
(b))) and reduces by the number of hours the child attends school, including home school((, and reduce the amount of care;
(c))).
(b) In a two parent household, the days and times the activities overlap, and only authorize care during those times((;
(d) The parent,)).
(c) DSHS will not consider the schedule of a parent in a two parent household((,)) who is not able to care for the child((, as defined in WAC 170-290-0020, and exclude the activity requirements; and
(e) When a consumer requests and verifies the need for increased care, DSHS will increase the care for the remainder of the eligibility period.
(3) Determining full-time)).
(3) Full-time care for a family using licensed providers is authorized when the consumer participates in approved activities at least one hundred ten hours per month:
(a) Twenty-three full-day units per month will be authorized ((for one hundred ten hours of activity or more each month)) when the child needs care five or more hours per day;
(b) Thirty half-day units per month will be authorized ((for one hundred ten hours of activity or more each month)) when the child needs care less than five hours per day;
(c) ((Thirty half-day units per month will be authorized during the school year for a school-aged child who needs care less than five hours per day;
(d))) Forty-six half-day units per month will be authorized during the months of June, July, and August for a school-aged child who needs five or more hours of care;
(((e) Twenty-three full-day units will be authorized during the school year for a school-aged child who needs care five or more hours per day;
(f))) (d) Supervisor approval is required for additional days of care that exceeds twenty-three full days or thirty half days per month; and
(((g))) (e) Care cannot exceed sixteen hours per day, per child.
(4) ((Determining)) Full-time care for a family using in-home/relative providers (family, friend and neighbors)((.)) is authorized when the consumer participate in approved activities at least one hundred ten hours per month:
(a) Two hundred thirty hours of care will be authorized ((for one hundred ten hours of activity or more each month)) when the child needs care five or more hours per day;
(b) One hundred fifteen hours of care will be authorized ((for one hundred ten hours of activity or more each month)) when the child needs care less than five hours per day;
(c) One hundred fifteen hours of care will be authorized during the school year for a school-aged child who needs care less than five hours per day and the provider will be authorized contingency hours each month, up to a maximum of two hundred thirty hours;
(d) Two hundred thirty hours of care will be authorized during the school year for a school-aged child who needs care five or more hours in a day;
(e) Supervisor approval is required for hours of care that exceed two hundred thirty hours per month; and
(f) Care cannot exceed sixteen hours per day, per child.
(5) Determining part-time care for a family using licensed providers and the activity is less than one hundred ten hours per month.
(a) A full-day unit will be authorized for each day of care that exceeds five hours;
(b) A half-day unit will be authorized for each day of care that is less than five hours; and
(c) A half-day unit will be authorized for each day of care for a school-aged child, not to exceed thirty half days.
(6) Determining part-time care for a family using in-home/relative providers (family, friend and neighbors).
(a) Under the provisions of subsection (2) of this section, DSHS will authorize the number of hours of care needed per month when the activity is less than one hundred ten hours per month; and
(b) When the provider claims contingency hours, the total number of authorized hours and contingency hours claimed cannot exceed two hundred thirty hours per month.
(7) DSHS determines the allocation of hours or units for families with multiple providers based upon the information received from the parent.
(8) DSHS may authorize more than the state rate and up to the provider's private pay rate if:
(a) The parent is a WorkFirst participant; and
(b) Appropriate child care, at the state rate, is not available within a reasonable distance from the approved activity site. "Appropriate" means licensed or certified child care under WAC 170-290-0125, or an approved in-home/relative provider under WAC 170-290-0130. "Reasonable distance" is determined by comparing distances other local families must travel to access appropriate child care.
(9) Other fees DSHS may authorize to a provider are:
(a) Registration fees;
(b) Field trip fees;
(c) Nonstandard hours bonus;
(d) Overtime care to a licensed provider who has a written policy to charge all families, when care is expected to exceed ten hours in a day; and
(e) Special needs rates for a child.
(((10) In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits cannot receive those benefits for their own children during the hours in which they provide subsidized child care.))
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