CHILDREN, YOUTH, AND FAMILIES

[Filed May 28, 2019, 1:53 p.m., effective May 28, 2019]

Effective Date of Rule: May 28, 2019.

Purpose: Increase child care centers' and seasonal day camps' working connections child care base rates effective February 1, 2019.

Citation of Rules Affected by this Order: Repealing WAC 110-15-2401, 110-15-2410, 110-15-2420, 110-15-2426, 110-15-2430, 110-15-2435, 110-15-2440, 110-15-2445, 110-15-2450, 110-15-2455, 110-15-2460 and 110-15-2465; and amending WAC 110-15-0200.

Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065; chapter 43.216 RCW.

Other Authority: Consolidated Appropriations Act of 2018 (Public Law 115-141).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The federal child care development fund requires states to maintain the level of subsidy needed to ensure that (1) providers can afford the cost of fully implementing high quality care, and (2) ensure all families have equal access to child care.

An additional federal fiscal year 2018 discretionary funding appropriation was available to Washington state on February 1, 2019. These rules are being filed as an emergency because the state is under corrective action to improve equal access for all families, centers' rates effective February 1 rather than wait the approximately six months needed for a permanent rule. These emergency rules are being extended while the department goes through the permanent rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 28, 2019.

AMENDATORY SECTION[(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)]

WAC 110-15-0200Daily child care rates—Licensed or certified child care centers and ((DEL))DCYF contracted seasonal day camps.

(1) Base rate. DSHS pays the lesser of the following to a licensed or certified child care center or ((DEL))DCYF contracted seasonal day camp:

(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. - 6 yrs not attending kindergarten or school)	School-age (5 - 12 yrs attending kindergarten or school)
Region 1	Full-Day Half-Day	$((34.03))35.29 $((17.02))17.65	$((28.62))32.44 $((14.31))16.22	$((27.03))30.53 $((13.52))15.26	$((25.46))29.41 $((12.73))14.71
Spokane County	Full-Day Half-Day	$((34.81))45.45 $(((17.41))22.73	$((29.28))38.77 $((14.64))19.39	$((27.67))35.65 $((13.84))17.83	$26.05 $13.03
Region 2	Full-Day Half-Day	$((34.39))39.44 $((17.20))19.72	$((28.68))31.62 $((14.34))15.81	$((26.61))30.44 $((13.31))15.22	$23.53 $11.77
Region 3	Full-Day Half-Day	$((45.50))57.84 $((22.75))28.92	$((37.93))49.47 $((18.97))24.73	$((32.78))42.34 $((16.39))21.17	$31.82 $15.91
Region 4	Full-Day Half-Day	$((52.94))68.98 $((26.47))34.49	$((44.20))59.59 $((22.10))29.80	$((37.10))55.57 $((18.55))27.79	$33.41 $16.71
Region 5	Full-Day Half-Day	$((38.82))48.86 $((19.41))24.43	$((33.41))40.33 $((16.71))20.16	$((29.40))35.47 $((14.70))17.74	$26.12 $13.06
Region 6	Full-Day Half-Day	$((38.18))46.39 $((19.09))23.20	$((32.78))39.22 $((16.39))19.61	$((28.62))35.29 $((14.31))17.65	$28.01 $14.01

(Chart effective ((09/01/17))02/01/2019)

(i) Centers in Clark County are paid Region 3 rates.

(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.

(2) The child care center ((WAC 170-295-0010 and 170-295-0050 allows))WACs 110-300A-0010 and 110-300A-0050 allow 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 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 an exception to care for a child who has reached the child's thirteenth birthday, the payment rate is the same as subsection (1) of this section, and the five through 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 exception and the child must meet the special needs requirement according to WAC ((170-290-0220))110-15-0220.

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

The following sections of the Washington Administrative Code are repealed:

Application for early head start–child care partnership slots.

Copay for early head start–child care partnership slots.

Eligibility period for early head start–child care partnership slots.

Eligible early head start–child care partnership slots providers.

Subsidy payments for early head start–child care partnership slots providers.

Early achievers payments for partnership slots providers.

Reapplication for early head start–child care partnership slots.

Deenrollment process for early head start–child care partnership slots providers.

Payment discrepancies for early head start–child care partnership slots consumers.

Payment discrepancies for early head start–child care partnership slots providers.

Administrative hearings for early head start–child care partnership slots.

WAC 110-15-2401	Eligible consumers.
WAC 110-15-2410	Application for early head start–child care partnership slots.
WAC 110-15-2420	Copay for early head start–child care partnership slots.
WAC 110-15-2426	Eligibility period for early head start–child care partnership slots.
WAC 110-15-2430	Eligible early head start–child care partnership slots providers.
WAC 110-15-2435	Subsidy payments for early head start–child care partnership slots providers.
WAC 110-15-2440	Early achievers payments for partnership slots providers.
WAC 110-15-2445	Reapplication for early head start–child care partnership slots.
WAC 110-15-2450	Deenrollment process for early head start–child care partnership slots providers.
WAC 110-15-2455	Payment discrepancies for early head start–child care partnership slots consumers.
WAC 110-15-2460	Payment discrepancies for early head start–child care partnership slots providers.
WAC 110-15-2465	Administrative hearings for early head start–child care partnership slots.