WSR 18-20-128
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed October 3, 2018, 11:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-15-052.
Title of Rule and Other Identifying Information: New WAC 110-06-0046 Requirements for license-exempt in-home/relative providers; repealing WAC 110-06-0060 Additional information the department may consider, 110-15-0135 In-home/relative providers—Information provided to DSHS, 110-15-0138 In-home/relative providers—Responsibilities, 110-15-0139 In-home/relative providers—Electronic attendance records—Records retention, 110-15-0140 In-home/relative providers—Ineligibility, 110-15-0143 In-home/relative providers—Background checks—Required persons, 110-15-0145 In-home/relative providers—Background checks—Reasons and notification, 110-15-0150 In-home/relative providers—Background checks—Included information and sources, 110-15-0155 In-home/relative providers—Background checks—Subsequent steps, 110-15-0160 In-home/relative providers—Background checks—Disqualified providers, 110-15-0165 In-home/relative providers—Background checks—Other disqualifying information and 110-15-0167 In-home/relative providers—Background checks—Disqualified person living with the provider; and amending WAC 110-06-0010 Purpose and scope, 110-06-0020 Definitions, 110-06-0040 Background clearance requirements, 110-06-0041 Requirements, 110-06-0042 Departmental investigation and redetermination, 110-06-0043 Failure to report nonconviction and conviction information, 110-06-0044 Background check fees, 110-06-0045 Noncriminal background checks for individuals under sixteen years of age, 110-06-0050 Department action following completion of background inquiry, 110-06-0070 Disqualification, 110-06-0080 Notification of disqualification, 110-06-0090 Administrative hearing to contest disqualification, 110-06-0100 Request for administrative hearing, 110-06-0110 Limitations on challenges to disqualifications, 110-06-0115 Reconsideration of disqualification, 110-06-0120 Director's list, 110-15-0034 Provider's responsibilities, 110-15-0125 Approved child care providers, and 110-15-0250 Eligible provider capacity and payment.
Hearing Location(s): On November 6, 2018, at 1:00 p.m., at 1110 Jefferson Street S.E., Baker Conference Room, Olympia, WA.
Date of Intended Adoption: December 12, 2018.
Submit Written Comments to: Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, https://del.wa.gov/PolicyProposalComment/Detail.aspx, by November 5, 2018.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by October 31, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed changes in chapter 110-06 WAC: (1) Proposed new WAC 110-06-0046 and amended sections in chapter 110-06 WAC clarify which individuals are subject to background checks before a license-exempt child care provider will be authorized to participate in working connections child care, reasons for disqualification, and administrative hearing rights for individuals who are disqualified; (2) proposed amended WAC 110-06-0041 changes the deadline for individuals completing the intial [initial] background check requirement from within seven days of hire to prior to the date of hire.
Proposed changes in chapter 110-15 WAC: (1) Repeal sections that were moved to chapter 110-06 WAC or inserted in proposed amended WAC 110-15-0034, 110-15-0125, and 110-15-0250; (2) clarify license-exempt providers' responsibilities that must be adhered to in order to participate in working connections child care, including limiting capacity, timely submission of correct invoices for payment, use of an electronic attendance system, producing records when requested, and compliance with chapters 110-06 and 110-16 WAC.
Proposed rules also contain nonsubstantive amendments necessary after the decodification of Title 170 WAC and its recodification to Title 110 WAC.
Reasons Supporting Proposal: The department of children, youth, and families (DCYF) is the lead agency for administering the federal child care development fund (CCDF) (CCDF program governed by 42 U.S.C. 9858 et seq.). One of DCYF's primary responsibilities as the lead agency is to ensure Washington state complies with all federal requirements necessary for the continued receipt of CCDF funds. On September 28, 2018, DCYF adopted new chapter 110-16 WAC to comply with the CCDF requirements that license-exempt child care providers participating in working connections child care complete background checks, receive health and safety training, and participate in annual monitoring visits. (WSR 18-20-081, effective November 1, 2018.) The proposed rules make chapters 110-06 and 110-15 WAC consistent with new chapter 110-16 WAC.
Statute Being Implemented: Chapter
43.216 RCW.
Rule is necessary because of federal law, 42 U.S.C. 9858 et seq.; 45 C.F.R. Part 98.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Judy Jaramillo, License Exempt Services Administrator and Jason Ramynke, Working Connections Administrator, Olympia, Washington, 360-725-4431/360-688-0911; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. DCYF is not among the agencies required to comply with RCW
34.05.328 (5)[(a)](i). Further, DCYF does not voluntarily make that section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 45 C.F.R. Part 98 establishes minimum health and safety requirements that each lead agency must implement (45 C.F.R. 98.41) and enforce (45 C.F.R. 98.42).
Explanation of exemptions: A small business economic impact statement is not required under RCW
19.85.030(1) because the proposed rules impact individuals rather than businesses.
October 3, 2018
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0010Purpose and scope.
(1) The purpose of this chapter is to establish rules for background checks conducted by the department of ((early learning (DEL or department)))of children, youth, and families (DCYF).
(2) The department conducts background checks on subject individuals who are authorized to:
(a) Care for or have unsupervised access to children receiving early learning services; or
(b) Care for children in the child's or provider's home. These providers, also known as family, friends, and neighbors (FFN) or in-home/relative care providers are exempt from licensing and receive working connections child care (WCCC) subsidies.
(3) The department conducts background checks to reduce the risk of harm to children from subject individuals who have been convicted of certain crimes or who pose a risk to children.
(4) The department's rules and state law require the evaluation of background information to determine the character, suitability, or competence of persons who will care for or have unsupervised access to children receiving early learning services or other agency authorized services.
(5) If any provision of this chapter conflicts with any provision in any chapter containing a substantive rule relating to background checks and qualifications of persons who are authorized to care for or have unsupervised access to children receiving early learning services, the provisions in this chapter shall govern.
(7) ((Effective date: These rules are initially effective July 3, 2006, and apply prospectively. Effective July 1, 2012,))These rules are amended to allow for increased and continued portability of background check clearances for subject individuals who are authorized to care for or may have unsupervised access to children receiving early learning services.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0020Definitions.
The following definitions apply to this chapter:
"Agency" has the same meaning as "agency" in RCW ((43.215.010(2)))43.216.010.
"Appellant" means only those with the right of appeal under this chapter.
"Applicant" means an individual who is seeking DCYF background check authorization as part of:
(a) An application for a child care agency license or DCYF certification or who seeks DCYF authorization to care for or have unsupervised access to children receiving early learning services; or
(b) A continuation of a nonexpiring license or renewal of a certificate, or renewal of DCYF's authorization to care for or have unsupervised access to children receiving early learning services, with respect to an individual who is a currently licensed or certified child care provider.
"Authorized" or "authorization" means approval by ((DEL))DCYF to care for or have unsupervised access to children receiving early learning services or to work in or reside on the premises of a child care agency or certified facility.
"Certification" or "certified by ((DEL))DCYF" means an agency that is legally exempt from licensing that has been certified by ((DEL))DCYF as meeting minimum licensing requirements.
"Conviction information" means criminal history record information relating to an incident which has led to a conviction or other disposition adverse to the subject individual.
(("DEL"))"DCYF" or "department" means the department of ((early learning.
"Director's list" means a list of crimes, the commission of which disqualifies a subject individual from being authorized by DEL to care for or have unsupervised access to children receiving early learning services, WAC 170-06-0120))children, youth, and families.
"Disqualified" means ((DEL))DCYF has determined that a person's background information prevents that person ((from being licensed or certified by DEL or)) from being authorized by ((DEL))DCYF to care for or have unsupervised access to children receiving early learning services.
"Early learning service(s)" for purposes of this chapter means the early childhood education and assistance program ((and)), head start, licensed child care, and license-exempt child care services.
"In-home/relative provider" or "family, friends, and neighbors provider" or "FFN provider" means an individual who is exempt from child care licensing standards, meets the requirements of chapter 110-16 WAC, and is approved for working connections child care (WCCC) payments under WAC 110-15-0125.
"Licensee" means the individual, person, organization, or legal entity named on the child care license issued by DCYF and responsible for operating the child care facility or agency.
"Negative action" means a court order, court judgment or an adverse action taken by an agency, in any state, federal, tribal or foreign jurisdiction, which results in a finding against the subject individual reasonably related to the subject individual's character, suitability and competence to care for or have unsupervised access to children receiving early learning services. This may include, but is not limited to:
(a) A decision issued by an administrative law judge.
(b) A final determination, decision or finding made by an agency following an investigation.
(c) An adverse agency action, including termination, revocation or denial of a license or certification, or if pending adverse agency action, the voluntary surrender of a license, certification or contract in lieu of the adverse action.
(d) A revocation, denial or restriction placed on any professional license.
(e) A final decision of a disciplinary board.
"Nonconviction information" means arrest, pending charges, founded allegations of child abuse, or neglect pursuant to chapter
26.44 RCW, or other negative action adverse to the subject individual.
"Nonexpiring license" or "nonexpiring full license" means a ((full)) license that is issued to a licensee following the initial licensing period, as provided in ((WAC 170-151-087, 170-295-0095, or 170-296A-1450))chapter 110-300 WAC, as appropriate.
"Secretary's list" means a list of crimes, the commission of which disqualifies a subject individual from being authorized by DCYF to care for or have unsupervised access to children receiving early learning services, WAC 110-06-0120.
"Subject individual":
(a) Means an individual who:
(i) Is seeking a background check authorization or upon whom the department may conduct a background check authorization;
(ii) Is sixteen years of age or older;
(iii) Is an in-home/relative provider or is employed ((by)), contracted with, or ((volunteering))volunteers to provide early learning services; and
(iv) Will care for or have unsupervised access to children receiving early learning services; and
(b) Includes, but is not limited to, the following:
(i) Personnel, including employees and staff;
(ii) Contractors, including contracted providers;
(iii) Temporary workers;
(iv) Assistants;
(v) Volunteers;
(vi) Interns;
(vii) Each person who is sixteen years of age or older residing on, or moving into, the premises where early learning services are provided;
(viii) All other individuals who are sixteen years of age or older who will care for or have unsupervised access to children receiving early learning services;
(ix) All owners, operators, lessees, or directors of the agency or facility, or their designees;
(x) Applicants((. As used in this definition, "applicant" means an individual who is seeking a DEL background check authorization as part of:
(A) An application for a child care agency license or DEL certification or who seeks DEL authorization to care for or have unsupervised access to children receiving early learning services; or
(B) A continuation of a nonexpiring license or renewal of a certificate, or renewal of DEL's authorization to care for or have unsupervised access to children receiving early learning services, with respect to an individual who is a currently licensed or certified child care provider; and));
(xi) Licensees((. As used in this definition, "licensee" means the individual, person, organization, or legal entity named on the child care license issued by DEL and responsible for operating the child care facility or agency)); or
(xii) In-home/relative providers and their household members who are sixteen years of age or older.
"Unsupervised access" means:
(a) A subject individual will or may have the opportunity to be alone with a child receiving early learning services at any time and for any length of time; and
(b) Access to a child receiving early learning services that is not within constant visual or auditory range of the ((licensee, an employee))individual authorized by ((DEL, nor a relative or guardian of the child receiving early learning services))DCYF.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0040Background clearance requirements.
This section applies to all subject individuals other than in-home/relative providers.
(1) ((Effective July 1, 2012, all new))Subject individuals associated with early learning services applying for a first-time background check must complete the background check application process through ((DEL))DCYF to include:
(a) ((Completion of))Submitting a completed background check application;
(b) Completing the required fingerprint process; and
(((b) Payment of))(c) Paying all required fees as provided in WAC ((170-06-0044))110-06-0044.
(2) All ((other)) subject individuals who have been previously qualified by the department to have unsupervised access to children in care((, prior to July 1, 2012, must submit a new background check application no later than July 1, 2013. The subject person))and are renewing their applications must:
(a) Submit the new background check application through ((DEL))DCYF;
(b) Submit payment of all required fees as provided in WAC ((170-06-0044;))110-06-0044; and
(c) ((Complete the required fingerprint process if the subject individual has lived in Washington state for fewer than three consecutive years prior to July 1, 2013;
(d))) Complete the required fingerprint process if the subject individual lives or has lived outside of Washington state since the previous background check was completed.
(3) Each subject individual completing the ((DEL))DCYF background check process must disclose:
(a) Whether he or she has been convicted of any crime;
(b) Whether he or she has any pending criminal charges; and
(c) Whether ((there is))he or she has been subject to any negative action((s, to which he or she has been subject)), as defined by WAC ((170-06-0020))110-06-0020.
(4) A subject individual must not have unsupervised access to children in care unless he or she has obtained ((DEL))DCYF authorization under this chapter.
(5) A subject individual who has been disqualified by ((DEL))DCYF must not be present on the premises when early learning services are provided to children.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0041Requirements for early learning service providers.
(1) ((An agency, licensee, certified facility or))This section applies to all providers other than in-home/relative providers.
(2) Early learning services providers must require a subject individual to complete the ((DEL))DCYF background check application process:
(a) ((Within seven days of))Prior to the date of hire;
(b) By the date a subject individual age sixteen or older moves onto the premises; or
(c) By the date a subject individual who lives on the premises turns sixteen years old.
(((2) The early learning services provider must keep on-site a copy of each subject individual's background check clearance authorization.
(3) The early learning services provider must update the provider portal in the DEL system to verify the subject individuals associated with their program.
(4) The early learning services provider must verify annually that each subject individual who is required to have a background check has either obtained a department clearance or has applied for a department background check through the DEL system. The verification must be submitted with the licensee's annual license fee and declarations.))
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0044Background check fees.
This section applies to all subject individuals other than in-home/relative providers.
(1) Subject individuals associated with early learning services must pay for the cost of the background check process. The fees include:
(a) Fingerprint process fees as defined by the ((WSP, FBI))Washington state patrol, Federal Bureau of Investigation, and the ((DEL))DCYF fingerprint contractor; and
(b) The ((DEL))DCYF administrative fee of:
(i) ((The cost of administration of the portable background check clearance based upon electronic submission has been determined to be))Twelve dollars ((for any background check application received in the period after June 30, 2012, therefore the fee)) for an electronic submission ((is twelve dollars for the described period)); or
(ii) ((The cost of administration of the portable background check clearance based upon a manual paper submission has been determined to be))Twenty-four dollars ((for any background check received after June 30, 2012, therefore the fee for a manual paper-based submission is twenty-four dollars for the described period))for a paper submission.
(2) DCYF administrative fee payments may be:
(a) By debit or credit card;
(b) In the form of a personal check, cashier's check, or money order, which shall be sent by mail; or
(((b)))(c) By electronic funds transfer (((when available))). As used in this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
(3) The department will not issue a background check clearance authorization to a subject individual:
(a) Who fails to pay the required fees in subsection (1) of this section; or
(b) Whose ((check, money order, or electronic funds transfer))payment is reported as having nonsufficient funds (NSF) or is otherwise dishonored by nonacceptance or nonpayment.
An additional processing fee of twenty-five dollars will be charged by the department for any check, money order, or electronic funds transfer that is reported as not having sufficient funds.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0045((Noncriminal))Background checks for minor individuals under sixteen years of age.
(1) When applicable within ((Title 170))chapter 110-300 WAC, an agency, licensee, or certified facility must have subject individuals complete the required ((DEL noncriminal))DCYF minor individual background check application process for subject individuals:
(a) Fourteen to sixteen years of age, ((within seven days after the subject individual starts to work in the))prior to the date of hire by a licensed or certified child care.
(b) Thirteen to sixteen years of age residing in a licensed or certified family home child care.
(c) Thirteen to sixteen years of age, within seven days after moving into the licensed family home child care.
(2) A subject individual identified in subsection (1)(a), (b) or (c) of this section must not have unsupervised access to children in child care.
(3) ((The licensee must verify annually that each subject individual who is required to have a noncriminal background check has either obtained a department clearance or has applied for a department noncriminal background check. The verification must be submitted with the licensee's annual license fee and declarations.
(4))) When conducting a ((noncriminal))minor individual background check, the department:
(a) Requires the minor's parent or guardian to sign the noncriminal background check application;
(b) Does not review convictions or pending charges for immediate disqualification for crimes under WAC ((170-06-0050(1)))110-06-0050(1), unless the conviction was the result of prosecution of the juvenile as an adult; and
(c) Does not immediately disqualify an individual for a conviction under WAC ((170-06-0070))110-06-0070 (1) and (2), unless the conviction was the result of prosecution of the juvenile as an adult.
NEW SECTION
WAC 110-06-0046Requirements for license-exempt in-home/relative providers.
(1) The background check process must be completed for:
(a) All license-exempt in-home/relative providers who apply to care for a WCCC consumer's child; and
(b) Any individual sixteen years of age or older who is residing with a license-exempt in-home/relative provider when the provider cares for the child in the provider's own home where the child does not reside.
(2) Additional background checks must be completed for individuals listed in subsection (1)(a) and (b) of this section when an individual sixteen years of age or older is newly residing with a license-exempt in-home/relative provider when the provider cares for the child in the provider's own home where the child does not reside.
(3) The background check process for license-exempt in-home/relative providers requires:
(a) Submitting a completed background check application; and
(b) Completing the required fingerprint process.
(4) Each subject individual completing the DCYF background check process must disclose:
(a) Whether he or she has been convicted of any crime;
(b) Whether he or she has any pending criminal charges; and
(c) Whether he or she has been subject to any negative actions, as defined by WAC 110-06-0020.
(5) A subject individual must not have unsupervised access to children in care unless he or she has obtained DCYF background check clearance authorization under this chapter.
(6) A subject individual who has been disqualified by DCYF must not be present on the premises when early learning services are provided to children.
(7) DCYF pays for the cost of the background check process. The fees include:
(a) Fingerprint process fees as defined by the Washington state patrol, Federal Bureau of Investigation and the DCYF fingerprint contractor; and
(b) The DCYF administrative fee.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0070Disqualification.
Background information that will disqualify a subject individual.
(1) A subject individual who has a background containing any of the permanent convictions on the ((director's))secretary's list, WAC ((170-06-0120(1)))110-06-0120(1), will be permanently disqualified from ((providing licensed child care,)) caring for children or having unsupervised access to children receiving early learning services.
(2) A subject individual who has a background containing any of the nonpermanent convictions on the ((director's))secretary's list, WAC ((170-06-0120(2)))110-06-0120(2), will be disqualified from providing licensed child care, caring for children or having unsupervised access to children receiving early learning services for five years after the conviction date.
(3) A subject individual will be disqualified when ((their))his or her background contains a negative action, as defined in WAC ((170-06-0020))110-06-0020 that relates to:
(a) An act, finding, determination, decision, or the commission of abuse or neglect of a child as defined in chapters
26.44 RCW and ((
388-15))
110-30 WAC.
(b) An act, finding, determination, decision, or commission of abuse or neglect or financial exploitation of a vulnerable adult as defined in chapter
74.34 RCW.
((Background information that may disqualify a subject individual.))
(4) A subject individual who has a "founded" finding for child abuse or neglect will not be authorized to care for or have unsupervised access to children during the administrative hearing and appeals process.
(5) Background information that may disqualify a subject individual. A subject individual may be disqualified for other negative action(s), as defined in WAC ((170-06-0020))110-06-0020 which reasonably relate to his or her character, suitability, or competence to care for or have unsupervised access to children receiving early learning services.
(((5)))(6) A subject individual may be disqualified from caring for or having unsupervised access to children if the individual is the subject of a pending child protective services (CPS) investigation.
(((6) A subject individual who has a "founded" finding for child abuse or neglect will not be authorized to care for or have unsupervised access to children during the administrative hearing and appeals process.))
(7) The department may also disqualify a subject individual if that person has other nonconviction background information that renders him or her unsuitable to care for or have unsupervised access to children receiving early learning services. Among the factors the department may consider are:
(a) The subject individual attempts to obtain a license, certification, or authorization by deceitful means, such as making false statements or omitting material information on an application.
(b) The subject individual used illegal drugs or misused or abused prescription drugs or alcohol that either affected their ability to perform their job duties while on the premises when children were present or presented a risk of harm to any child receiving early learning services.
(c) The subject individual attempted, committed, permitted, or assisted in an illegal act on the premises. For purposes of this subsection, a subject individual attempted, committed, permitted, or assisted in an illegal act if he or she knew or reasonably should have known that the illegal act occurred or would occur.
(d) Subject to federal and state law, the subject individual lacks sufficient physical or mental health to meet the needs of children receiving early learning services.
(e) The subject individual had a license or certification for the care of children or vulnerable adults terminated, revoked, suspended or denied.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0090Administrative hearing to contest disqualification.
(1) A subject individual may request an administrative hearing to contest the department's disqualification decision under WAC ((170-06-0070))110-06-0070.
(2) The ((licensee or prospective employer))early learning services provider cannot contest the department's decision on behalf of any other person, including a prospective employee.
(3) The administrative hearing will take place before an administrative law judge employed by the office of administrative hearings, pursuant to chapter
34.05 RCW, and chapter ((
170-03))
110-03 WAC.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 110-06-0060 | Additional information the department may consider. |
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0042Departmental investigation and redetermination.
(1) The department will investigate and conduct a redetermination of the background clearance of a subject individual if the department receives a complaint or information from individuals, a law enforcement agency, or other federal, state, or local government agency.
(2) Subject to the requirements in RCW ((43.215.215))43.216.270, the department may immediately suspend or modify the subject individual's background clearance.
(3) Subject to the requirements in RCW ((
43.215.300 and 43.215.305))
43.216.300 and 43.216.305, and based on a determination that a subject individual lacks the appropriate character, suitability, or competence to provide ((
child care or)) early learning services to children, the department may disqualify the subject individual from having any unsupervised access to children ((
receiving early learning services)).
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0043Failure to report nonconviction and conviction information.
(1) The early learning services provider must report to the department within twenty-four hours if he or she has knowledge of the following with respect to a subject individual ((working in that child care agency or who resigns or is terminated with or without cause))associated with their services, who has a background check clearance authorization with the department:
(a) Any nonconviction and conviction information for a crime listed in WAC ((170-06-0120))110-06-0120;
(b) Any other nonconviction and conviction information for a crime that could be reasonably related to the subject individual's suitability to provide care for or have unsupervised access to children in care; or
(c) Any negative action as defined in WAC ((170-06-0020))110-06-0020.
(2) A subject individual who has been issued a background check clearance authorization pursuant to WAC ((170-06-0040))110-06-0040 must report nonconviction and conviction information to the department involving a disqualifying crime under WAC ((170-06-0120))110-06-0120 against that subject individual within twenty-four hours after he or she becomes aware of the event constituting the nonconviction or conviction information.
(3) A subject individual who intentionally or knowingly fails to report to the department as provided in subsection (1) or (2) of this section may have his or her background check clearance suspended. This penalty will be in addition to any other penalty that may be imposed as a result of a violation of this chapter or ((
chapter 170-151, 170-295, or 170-296A WAC))
of the applicable provisions of any chapter of Title 110 WAC that implement the authority and requirements of chapter 43.216 RCW.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0050Department action following completion of background inquiry.
As part of the background check process the department will conduct a character, suitability or competence assessment as follows:
(1) Compare the background information with the ((DEL director's))DCYF secretary's list, WAC ((170-06-0120))110-06-0120, to determine whether the subject individual must be disqualified under WAC ((170-06-0070))110-06-0070 (1) and (2). In doing this comparison, the department will use the following rules:
(a) A pending charge for a crime or a deferred prosecution is given the same weight as a conviction.
(b) If the conviction has been renamed it is given the same weight as the previous named conviction. ((For example, larceny is now called theft.))
(c) Convictions whose titles are preceded with the word "attempted" are given the same weight as those titles without the word "attempted."
(d) The term "conviction" has the same meaning as the term "conviction record" as defined in RCW
10.97.030 and may include convictions or dispositions for crimes committed as either an adult ((
or a juvenile)). It may also include convictions or dispositions for offenses for which the person received a deferred or suspended sentence, unless the record has been expunged according to law.
(e) Convictions and pending charges from other states or jurisdictions will be treated the same as a crime or pending charge in Washington state. If the elements of the crime from the foreign jurisdiction are not identical or not substantially similar to its Washington equivalent or if the foreign statute is broader than the Washington definition of the particular crime, the defendant's conduct, as evidenced by the indictment or information, will be analyzed to determine whether the conduct would have violated the comparable Washington statute.
(f) The crime will not be considered a conviction for the purposes of the department when the conviction has been the subject of an expungement, pardon, annulment, certification of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(2) Evaluate any negative action information to determine whether the subject individual has any negative actions requiring disqualification under WAC ((170-06-0070(3)))110-06-0070(3).
(3) Evaluate any negative action information and any other pertinent background information, including nondisqualifying criminal convictions, to determine whether disqualification is warranted under WAC ((170-06-0070 (4), (5) or (7)))110-06-0070 (5), (6), or (7).
(4) ((Except for the protected contents of the FBI record of arrest and prosecution (RAP) sheet and subject to federal regulation, the department may discuss the results of the criminal history and background check information with the authorized personnel of the early learning service provider.))If DCYF has reason to believe that additional information is needed to determine the character, suitability or competence of the subject individual to care for or have unsupervised access to children receiving early learning services, additional information will be requested. The subject individual must provide to the department any additional reports or information that it requests.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0080Notification of disqualification.
(1) The department will notify the subject individual in writing if he or she is disqualified by the background check.
(2) If the department sends a notice of disqualification, the subject individual will not be authorized to care for or have unsupervised access to children receiving early learning services, or to be present on the early learning service's premises during the hours for which child care is provided.
(3) Any decision by the department to disqualify a subject individual under this chapter is effective immediately upon receipt of written notice from the department to the subject individual.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0100Request for administrative hearing.
(1) Any subject individual has a right to contest the department's disqualification decision under WAC ((170-06-0070))110-06-0070 and must request a hearing within twenty-eight days of receipt of the written disqualification decision, regardless of whether the subject individual requests ((that the licensing supervisor review))a department reconsideration of the disqualification under WAC 110-06-0115.
(2) A request for a hearing must meet the requirements of chapter ((170-03))110-03 WAC.
(3) Any decision by the department to disqualify a subject individual under this chapter will remain in effect pending the outcome of the administrative hearing or review under chapter ((170-03))110-03 WAC, notwithstanding any provision of chapter ((170-03))110-03 WAC to the contrary.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0110Limitations on challenges to disqualifications.
(1) If the disqualification is based on a criminal conviction, the subject individual cannot contest the conviction in the administrative hearing.
(2) If the disqualification is based on a finding of child abuse or neglect, or a finding of abandonment, abuse, neglect, exploitation, or financial exploitation of a vulnerable adult as defined in chapter
74.34 RCW, the subject individual cannot contest the finding if:
(a) The subject individual was notified of the finding by the department of social and health services (DSHS) and failed to request a hearing to contest the finding; or
(b) The subject individual was notified of the finding by DSHS and requested a hearing to contest the finding, but the finding was upheld by final administrative order or superior court order.
(3) If the disqualification is based on a court order finding the subject individual's child to be dependent as defined in chapter
13.34 RCW, the subject individual cannot contest the finding of dependency in the administrative hearing.
(4) If the disqualification is based on a negative action as defined in WAC ((170-06-0020))110-06-0020 the subject individual cannot contest the underlying negative action in the administrative hearing if the subject individual was previously given the right of review or hearing right and a final decision or finding has been issued.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0115Reconsideration of disqualification.
(1) Subject to the requirements contained in chapter ((170-06))110-06 WAC the department may reconsider an earlier decision to disqualify a subject individual.
(2) ((The disqualified subject individual must submit with his or her request for reconsideration a current and complete background check form and fingerprint card pursuant to WAC 170-06-0040.
(3))) For a disqualification based on WAC ((170-06-0070(4), 170-06-0070 (7)(a), (c), or (e)))110-06-0070 (5) or (7)(a), (c), or (e), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would prevent the subject individual from caring for or having unsupervised access to children receiving early learning services. For purposes of (((3)))subsection (2) of this ((subsection))section a disqualification based on a "negative action," WAC ((170-06-0070(4), 170-06-0070 (7)(c) or (e)))110-06-0070 (5) or (7)(c) or (e) does not include a decision, final determination, or finding made by an agency or administrative law judge that relates to:
(a) The commission of abuse or neglect of a child as defined in chapters
26.44 RCW and 388-15 WAC; or
(b) The commission of abuse or neglect of a vulnerable adult as defined in chapter
74.34 RCW.
(((4)))(3) For a disqualification based on any of the circumstances described in WAC ((170-06-0070(3), 170-06-0070 (7)(b) or (d)))110-06-0070 (3) and (7)(b) or (d), a disqualified subject individual's request for reconsideration will be granted only if the disqualified subject individual establishes by clear and convincing evidence there has been a change of circumstances since the date of the disqualification that demonstrates there is nothing about the subject individual's character, suitability, or competence that would constitute a danger to a child's welfare if the individual is allowed to care for or have unsupervised access to children in care.
(((5)))(4) The department will not reconsider qualifying a subject individual that was disqualified under WAC ((170-06-0120(1)))110-06-0120(1).
(((6)))(5) The department will not reconsider qualifying a subject individual that was disqualified under WAC ((170-06-0120(2)))110-06-0120(2) for a period of five years from the date of the disqualifying conviction.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-06-0120((Director's))Secretary's list.
(1) A subject individual's conviction for any crimes listed in column (a) in the table below will permanently disqualify him or her from authorization to care for or have unsupervised access to children receiving early learning services.
(2) A subject individual's conviction for any crime listed in column (b) in the table below will disqualify him or her from authorization to care for or have unsupervised access to children receiving early learning services for a period of five years from the date of conviction.
(a) Crimes that permanently disqualify a subject individual | (b) Crimes that disqualify a subject individual for five years from date of conviction |
Abandonment of a child | Abandonment of a dependent person not against child |
Arson | Assault 3 not domestic violence |
Assault 1 | Assault 4/simple assault |
Assault 2 | Burglary |
Assault 3 domestic violence | Coercion |
Assault of a child | Custodial assault |
Bail jumping | Custodial sexual misconduct |
| Extortion 2 |
Child buying or selling | Forgery |
Child molestation | Harassment |
Commercial sexual abuse of a minor | |
Communication with a minor for immoral purposes | Identity theft |
Controlled substance homicide | Leading organized crime |
Criminal mistreatment | Malicious explosion 3 |
Custodial interference | Malicious mischief |
Dealing in depictions of minor engaged in sexually explicit conduct | Malicious placement of an explosive 2 |
Domestic violence (felonies only) | Malicious placement of an explosive 3 |
Drive-by shooting | Malicious placement of imitation device 1 |
Extortion 1 | Patronizing a prostitute |
Harassment domestic violence | Possess explosive device |
Homicide by abuse | Promoting pornography |
Homicide by watercraft | Promoting prostitution 1 |
Incendiary devices (possess, manufacture, dispose) | Promoting prostitution 2 |
Incest | Promoting suicide attempt |
Indecent exposure/public indecency (felonies only) | Prostitution |
Indecent liberties | Reckless endangerment |
Kidnapping | Residential burglary |
Luring | Stalking |
Malicious explosion 1 | Theft |
Malicious explosion 2 | Theft-welfare |
Malicious harassment | Unlawful imprisonment |
Malicious mischief domestic violence | Unlawful use of a building for drug purposes |
Malicious placement of an explosive 1 | Violation of the Imitation Controlled Substances Act (manufacture/deliver/intent) |
Manslaughter | Violation of the Uniform Controlled Substances Act (manufacture/deliver/intent) |
Murder/aggravated murder | Violation of the Uniform Legend Drug Act (manufacture/deliver/intent) |
| Violation of the Uniform Precursor Drug Act (manufacture/deliver/intent) |
Possess depictions minor engaged in sexual conduct | |
Rape | |
Rape of child | |
Robbery | |
Selling or distributing erotic material to a minor | |
Sending or bringing into the state depictions of a minor | |
Sexual exploitation of minors | |
Sexual misconduct with a minor | |
Sexually violating human remains | |
Use of machine gun in felony | |
Vehicular assault | |
Vehicular homicide (negligent homicide) | |
Violation of child abuse restraining order | |
Violation of civil anti-harassment protection order | |
Violation of protection/contact/restraining order | |
Voyeurism | |
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0034Providers' responsibilities.
Child care providers who accept child care subsidies must do the following:
(1) ((Comply with:
(a) All of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-297 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 170-297 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))
Licensed or certified child care providers who accept child care subsidies must comply with all child care licensing or certification requirements contained in this chapter, chapter 43.216 RCW and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. (2) In-home/relative child care providers must comply with the requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06 and 110-16 WAC. (3) In-home/relative child care providers must not submit an invoice for more than six children for the same hours of care.
(4) All child care providers must use DCYF's electronic attendance recordkeeping system or a DCYF-approved electronic attendance recordkeeping system as required by WAC 110-15-0126. Providers must limit attendance system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(a) Providers using DCYF's electronic recordkeeping system must submit monthly attendance records prior to claiming payment. Providers using a DCYF-approved electronic recordkeeping system must finalize attendance records prior to claiming payment.
(b) Providers must not edit attendance records after making a claim for payment.
(5) All child care providers must complete and maintain 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 must be provided to DSHS or DEL within two weeks of the date of a written request from either department. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be provided)). If requested by DCYF or DSHS, the provider must provide to the requesting agency the following records:
(a) Attendance records must be provided to DCYF or DSHS within twenty-eight ((consecutive)) calendar days 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) Keep))(b) Pursuant to WAC 110-15-0268, the attendance records delivered to DCYF or DSHS may be used to determine whether a provider overpayment has been made and may result in the establishment of an overpayment and in an immediate suspension of the provider's subsidy payment.
(6) All child care providers must maintain and provide receipts for billed field trip/quality enhancement fees as follows. If requested by DCYF or DSHS, the provider must provide the following receipts for billed field trip/quality enhancement fees:
(a) Receipts from the previous twelve months must be available immediately for review upon request by ((DEL))DCYF;
(b) Receipts from one to five years old must be provided ((to DSHS or DEL)) within ((two weeks))twenty-eight days of the date of a written request from either department((;
(5) Allow consumers access to their child at all times while the child is in care;
(6))).
(7) All child care providers must collect copayments directly from the consumer or the consumer's third-party payor, and report to ((DSHS))DCYF if the consumer has not paid a copayment to the provider within the previous sixty days((;
(7) Follow)).
(8) All child care providers must follow the billing procedures((:
(a) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Family Home Child Care Providers,"; or
(b) As described in the most current version of "Child Care Subsidies: A Guide for Family, Friends and Neighbors Child Care Providers"; or
(c) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Child Care Centers."
(8) Not))required by DCYF.
(9) Child care providers who accept child care subsidies must not:
(a) Claim a payment in any month a child has not attended at least one day within the authorization period in that month((.
(9) Invoice the state no later than one calendar year after the actual date of service;
(10) For both)); however, in the event a ten-day notice terminating a provider's authorization extends into the following month, the provider may claim a payment for any remaining days of the ten calendar day notice in that following month;
(b) Submit an invoice for payment later than one calendar year after the actual date of service; or
(c) Charge consumers the difference between the provider's customary rate and the maximum allowed state rate.
(10) Licensed and certified providers ((and in-home/relative providers,))must not charge ((subsidized families the difference between the provider's customary rate and the maximum allowed state rate; and
(11) For licensed and certified providers, not charge subsidized families for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Absent days on days in which the child is scheduled to attend and authorized for care;
(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))consumers for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Days for which the child is scheduled and authorized for care but absent;
(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.
(11) Providers who care for children in states bordering Washington state must verify they are in compliance with their state's licensing regulations and notify DCYF within ten days of any suspension, revocation, or changes to their license.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0125((Eligible))Approved child care providers.
((
To receive payment under the WCCC program, a consumer's child care provider must be:)) (1) ((
An))
In-home/relative provider
s. ((
Providers other than those specified in subsection (2) of this section must meet the requirements in WAC 170-290-0130; or))
To be approved to receive benefits under the WCCC program, an in-home/relative provider must comply with the applicable requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06 and 110-16 WAC.(2) ((A licensed, certified, or DEL-contracted provider.
(a))) Licensed providers ((must:
(i) Be currently licensed as required by chapter 43.215 RCW and as described by chapters 170-295, 170-296A, or 170-297 WAC; or (ii) Meet the provider's)).
(a) To be approved to receive payment under the WCCC program, a licensed provider must comply with the requirements of this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. (b) A provider who cares for a child who is a Washington resident in a state that borders Washington must:
(i) Be licensed to provide care in the bordering state;
(ii) Comply with the bordering state's licensing regulations((, for providers who care for children in states bordering Washington. DSHS pays));
(iii) Comply with the electronic attendance requirements contained in WAC 110-15-0126.
(c) The lesser of the following will be paid to a qualified, licensed child care ((facilities in bordering states))provider in a state that borders Washington:
(((A)))(i) The provider's private pay rate for that child; or
(((B) The DSHS))(ii) The DCYF maximum ((child care))WCCC subsidy daily rate for the ((DSHS))DCYF region where the child resides.
(((b)))(d) A licensed provider in a state that borders Washington that receives WCCC subsidy payment to care for a child who is a Washington resident is not required or eligible to participate in the early achievers program or to receive quality improvement awards, tiered reimbursements, or other awards and incentives associated with the early achievers program.
(3) Certified providers ((
are exempt from licensing but certified by DEL, such as))
. To be approved to receive payment under the WCCC program, a certified provider must comply with the certification requirements contained in this chapter, chapter 43.216 RCW, and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC. Certified providers include:
(((i)))(a) Tribal child care facilities that meet the requirements of tribal law;
(((ii)))(b) Child care facilities on a military installation; ((and
(iii)))
(c) Child care facilities operated on public school property by a school district((.
(c) New child care providers, as defined in WAC 170-290-0003, who are subject to licensure or are certified to receive state subsidy as required by chapter 43.215 RCW and as described by chapter 170-295, 170-296A, or 170-297 WAC, who received))
; and (d) Seasonal day camps that contract with DCYF to provide subsidized child care.
(4) Early achievers program requirements for licensed and certified child care providers that receive their first WCCC payment on or after July 1, 2016:
(a) A licensed or certified child care provider that first receives a WCCC subsidy payment on or after July 1, 2016, for providing nonschool age child care ((on or after July 1, 2016, and received no such payments during the period July 1, 2015, through June 30, 2016,)) must complete the following activities to be eligible to receive additional WCCC payments:
(i) Enroll in the early achievers program within thirty days of receiving the ((initial state))first WCCC subsidy payment. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care((.
(A) Out-of-state providers that provide care for children receiving Washington state child care subsidies are neither required nor eligible to participate in early achievers; and
(B) Out-of-state providers are not eligible to receive quality improvement awards, tiered reimbursement, or other awards and incentives associated with participation in early achievers.
(ii) Adhere to the provisions for participation as outlined in the most recent version of the Early Achievers Operating Guidelines. Failure to adhere to these guidelines may result in a provider's loss of eligibility to receive state subsidy payments nonschool age child care;
(iii)));
(ii) Complete level 2 activities in the early achievers program within twelve months of enrollment. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))DCYF subsidy payments for providing nonschool age child care;
(((iv)))(iii) Rate at a level 3 or higher in the early achievers program within thirty months of enrollment. ((If an eligible))A licensed or certified provider that fails to ((rate at a level 3 or higher))meet this requirement within thirty months of enrollment in the early achievers program, ((the provider)) must complete remedial activities with ((the department))DCYF and rate at a level 3 or higher within six months of beginning remedial activities. A licensed or certified provider ((who fails to receive a rating within thirty months of enrollment or))that fails to rate at a level 3 or higher within six months of beginning remedial activities will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care; and
(((v) Maintain an up to date rating by renewing))(iv) Renew their facility rating every three years and ((maintaining))maintain a rating level 3 or higher. If a licensed or certified provider fails to renew their facility rating or maintain a rating level 3 or higher, ((they))the licensed or certified provider will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care.
((
(d) Existing child care providers who are subject to licensure or are certified to receive state subsidy as required by chapter 43.215 RCW and as described by chapter 170-295, 170-296A, or 170-297 WAC, who have received a subsidy payment for a nonschool age child in the period July 1, 2015, through June 30, 2016, must))
(b) Licensed and certified providers must comply with the provisions for participation as outlined in the early achievers operating guidelines. Failure to comply with these guidelines may result in a licensed or certified provider's loss of DCYF approval to receive WCCC subsidy payments for providing nonschool age child care.(5) Early achievers program requirements for licensed and certified child care providers that received a WCCC payment on or between July 1, 2015, and June 30, 2016:
(a) A licensed or certified child care provider that received a WCCC subsidy payment on or between July 1, 2015, and June 30, 2016, for providing nonschool age child care, must complete the following activities to be eligible to receive additional WCCC subsidy payments:
(i) Enroll in the early achievers program by August 1, 2016. A licensed or certified provider ((who))that fails to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care;
(((A) Out-of-state providers that provide care for children receiving Washington state child care subsidies are neither required nor eligible to participate in early achievers; and
(B) Out-of-state providers are not eligible to receive quality improvement awards, tiered reimbursement, or other awards and incentives associated with participation in early achievers.))
(ii) Complete level 2 activities in the early achievers program by August 1, 2017. A provider who ((fails))failed to meet this requirement will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for nonschool age child care; and
(iii) Rate at a level 3 or higher in the early achievers program by December 31, 2019((;
(iv) If an existing)). A licensed or certified provider that fails to ((rate at a level 3 or higher))meet this requirement by December 31, 2019, ((in the early achievers program, the provider)) must complete remedial activities with ((the department))DCYF and rate at a level 3 or higher by June 30, 2020. A licensed or certified provider ((who))that fails to receive a rating by December 31, 2019, or fails to rate at a level 3 or higher by June 30, 2020, after completing remedial activities will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care((; and
(v) Maintain an up-to-date rating by renewing)).
(b) Licensed and certified providers must renew their facility rating every three years and ((maintaining))maintain a rating level 3 or higher. If a licensed or certified provider fails to renew their facility rating or maintain a rating level 3 or higher, ((they))licensed or certified providers will lose ((eligibility))DCYF approval to receive ((state))WCCC subsidy payments for providing nonschool age child care.
(((e)))(6) If a licensed or certified child care provider ((serving))receiving WCCC subsidy payment for providing nonschool age ((children, as defined in WAC 170-290-0003, and receiving state subsidy payments for nonschool age child care)) has successfully completed all level 2 activities and is waiting to be rated, the licensed or certified provider may continue to receive ((a state))WCCC subsidy payments pending the successful completion of the level 3 rating activity.
(((f) DEL-contracted))DCYF-contracted seasonal day camps have a contract with DEL to provide subsidized child care.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0250Eligible provider capacity and payment.
(1) DSHS may pay:
(a) Licensed and certified providers for authorized care up to the provider's licensed capacity as determined under WAC ((170-297-5625, 170-295-0080, or 170-296A-5700))110-300B-5700, 110-300A-0080, or 110-305-5625, 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.
(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)).
(2) A provider authorized to receive subsidy payment must submit an invoice only for children who have been authorized by DSHS to receive subsidy benefits. In addition, a provider must not submit an invoice for a number of children that exceeds the provider's licensed capacity.
(3) Failure to comply with the requirements of subsection (2) of this section may:
(a) Result in the immediate suspension of the provider's subsidy payments; and
(b) ((Establish))Result in the establishment of a provider overpayment as provided in WAC ((170-290-0268))110-15-0268.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-15-0135 | In-home/relative providers—Information provided to DSHS. |
WAC 110-15-0138 | In-home/relative providers—Responsibilities. |
WAC 110-15-0139 | In-home/relative providers—Electronic attendance records—Records retention. |
WAC 110-15-0140 | In-home/relative providers—Ineligibility. |
WAC 110-15-0143 | In-home/relative providers—Background checks—Required persons. |
WAC 110-15-0145 | In-home/relative providers—Background checks—Reasons and notification. |
WAC 110-15-0150 | In-home/relative providers—Background checks—Included information and sources. |
WAC 110-15-0155 | In-home/relative providers—Background checks—Subsequent steps. |
WAC 110-15-0160 | In-home/relative providers—Background checks—Disqualified providers. |
WAC 110-15-0165 | In-home/relative providers—Background checks—Other disqualifying information. |
WAC 110-15-0167 | In-home/relative providers—Background checks—Disqualified person living with the provider. |