(1) ((DSHS))DCYF determines a consumer's family size as follows:

(a) For a single parent, including a minor parent living independently, ((DSHS))DCYF counts the consumer and the consumer's children;

(b) For unmarried parents who have at least one mutual child, ((DSHS))DCYF counts both parents and all of their children living in the household;

(c) Unmarried parents who have no mutual children are counted as separate WCCC ((families))households, the unmarried parents and their respective children living in the household;

(d) For married parents, ((DSHS))DCYF counts both parents and all of their children living in the household;

(e) For parents who are undocumented aliens as defined in WAC 388-424-0001, ((DSHS))DCYF counts the parents and children, documented and undocumented, and all other family rules in this section apply. Children needing care must meet citizenship requirements described in WAC ((170-290-0005))110-15-0005;

(f) For a legal guardian verified by a legal or court document, adult sibling or step-sibling, nephew, niece, aunt, uncle, grandparent, any of these relatives with the prefix "great," such as a "great-nephew," or an in loco parentis custodian who is not related to the child as described in WAC ((170-290-0005, DSHS))110-15-0005, DCYF counts only the children and only the children's income is counted;

(g) For a parent who is out of the household because of employer requirements, such as training or military service, and expected to return to the household, ((DSHS))DCYF counts the consumer, the absent parent, and the children;

(h) For a parent who is voluntarily out of the household for reasons other than requirements of the employer, such as unapproved schooling and visiting family members, and is expected to return to the household, ((DSHS))DCYF counts the consumer, the absent parent, and the children. WAC ((170-290-0020))110-15-0020 and all other family and household rules in this section apply;

(i) For a parent who is out of the country and waiting for legal reentry in to the United States, ((DSHS))DCYF counts only the consumer and children residing in the United States and all other family and household rules in this section apply;

(j) An incarcerated parent is not part of the household count for determining income and eligibility. ((DSHS))DCYF counts the remaining household members using all other family rules in this section; and

(k) For a parent incarcerated at a Washington state correctional facility whose child lives with them at the facility, ((DSHS))DCYF counts the parent and child as their own household.

(2) ((In addition to family members described in subsection (1)(a) through (k) of this section, siblings of the child needing care, unless they are parents themselves, who meet the following criteria are counted by DSHS as part of the family for WCCC eligibility:

(b) Siblings up to twenty-one years of age who are participating in an approved program through a school district's special education department under RCW 28A.155.020.))When the household consists of the consumer's own child and another child identified in subsection (1)(f) of this section, the household may be combined into one household or kept as distinct households for the benefit of the consumer.

(1) Families with children who have received child protective services as defined and used by chapters 26.44 and 74.13 RCW, child welfare services as defined and used by chapter 74.13 RCW, or services through a family assessment response, as defined and used by chapter 26.44 RCW in the six months previous to application or reapplication for working connections child care (WCCC) benefits are eligible for WCCC benefits for a twelve-month period if, in addition the:

(a) Consumer is a Washington resident;

(b) Family has been referred for child care as part of the family's case management as defined by RCW 74.13.020; and

(c) Child or children are residing with a biological parent or guardian.

(2) Families eligible for WCCC under this section will:

(a) Have no copayment;

(b) Be authorized for full-time child care regardless of participation in an approved activity; and

(c) Be eligible to have benefits paid only to a licensed, certified, or contracted child care provider that meets the requirements in WAC 110-15-0125.

Child care providers who accept child care subsidies must do the following:

(1) 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. 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 calendar days of the date of a written request from either department.

(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 DCYF;

(b) Receipts from one to five years old must be provided within twenty-eight days of the date of a written request from either department.

(7) All child care providers must collect copayments directly from the consumer or the consumer's third-party payor, and report to DCYF if the consumer has not paid a copayment to the provider within the previous sixty days.

(8) All child care providers must follow the billing procedures 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; 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))Claim an invoice for payment later than ((one calendar year))six months after the ((actual date))month of service, or the date of the invoice, whichever is later; or

(c) Charge consumers the difference between the provider's customary rate and the maximum allowed state rate.

(10) Licensed and certified providers must not charge 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.

(1) The consumer is eligible for the minimum copayment ((is paid)) when:

(a) The consumer has countable monthly income at or below eighty-two percent of the federal poverty guidelines;

(c) The consumer is a minor parent and is part of the consumer's parent's or consumer's relative's TANF assistance unit.

(2) ((First application. The consumer pays the minimum copayment at first application for WCCC when benefits are paid. The consumer pays the minimum copayment:

(5) DSHS))The consumer is eligible for the minimum copayment beginning the first month that DCYF pays for WCCC child care services and the first full calendar month thereafter for:

(4) DCYF does not prorate the copayment.

((DSHS))DCYF does not give a consumer written notice of changes to WCCC eligibility or provider payments when:

(1) The consumer tells ((DSHS))DCYF that he or she no longer wants WCCC; ((or))

(2) The consumer has not informed ((DSHS))DCYF of his or her new mailing address; or

(3) DCYF has determined that children have been exposed to a serious health or safety risk.

(1) Base rate.((DSHS))DCYF 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:

(Chart effective 09/01/17)))

(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))110-300A-0010 and 110-300A-0050 allows providers to care for children from one month up to and including the ((day before))end of their eligibility period after 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))exceeded 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. WAC 110-300A-0010 and 110-300A-0050 are superseded by WAC 110-300-0005 and 110-300-0356, respectively, effective August 1, 2019.

(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 when thirteen or older at application or reapplication.

(1) Base rate.((DSHS))DCYF pays the lesser of the following to a licensed or certified family home child care provider:

(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((.

(Chart effective upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, or July 1, 2017, whichever occurs later.)))effective July 1, 2019:

(2) Effective July 1, 2019, the half-day rate is increased for family home providers in all regions and for all ages to a partial-day rate that is seventy-five percent of the full-day rate when:

(3) The family home child care WAC ((170-296A-0010 and 170-296A-5550))110-300B-0010 and 110-300B-5550 allow((s)) providers to care for children from birth up to and including the ((day before))end of their eligibility period after their thirteenth birthday. WAC 110-300B-0010 and 110-300B-5550 are superseded by WAC 110-300-0005 and 110-300-0355, respectively, effective August 1, 2019.

(((3)))(4) If the family home provider cares for a child who is thirteen years of age or older, the provider must follow WAC((170-296A-0050 and 170-296A-5625 and the))110-300B-0050 and 110-300B-5625. A child who is thirteen years of age or older at application must meet the special needs requirement according to WAC ((170-290-0220.

(4) DSHS))110-15-0220. 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. WAC 110-300B-0050 and 110-300B-5625 are superseded by WAC 110-300-0300 and 110-300-0355, respectively, effective August 1, 2019.

(5) DCYF pays family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (((5)))(6) of this section). ((Refer to subsection (1) and the five through twelve year age range column for comparisons.

(5) DSHS))

(6) DCYF cannot pay family home child care providers to provide care for children in their care if the provider is:

(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

(c) Another adult acting in loco parentis or that adult's spouse or live-in partner.

(1) ((Starting September 1, 2013, providers receiving payment under the WCCC program will receive a two percent increase in the subsidy rate, calculated on the base rate, for enrolling in level 2 in the early achievers program. Providers must complete level 2, advance to level 3 within thirty months, and maintain a level 3 rating in order to maintain this increase.))Providers receiving payment under the WCCC program will receive a tiered reimbursement as outlined in the "Early Achievers Operating Guidelines."

(2) Quality improvement awards, as described by chapter ((43.215))43.216 RCW, are reserved for early achievers participating providers offering programs to an enrollment population consisting of at least five percent of ((nonschool age)) children receiving a state subsidy for licensed family homes and at least five percent of nonschool age children receiving subsidy for licensed centers.

(a) Qualifying state subsidy programs include working connections child care (WCCC), seasonal child care (SCC), ((children's administration (CA)))DCYF child welfare child care programs, homeless child care program (HCCP), ECLIPSE and ((medicare))medicaid child care programs. Other qualifying programs may include those supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations.

(i) Participants providing homeless child care program, ECLIPSE, or medicaid services must present ((DEL))DCYF with information indicating that services were provided under these programs.

(ii) Participants providing subsidized child care supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations must present ((DEL))DCYF with information indicating that services were provided under these programs.

(b) Percent subsidy calculations are derived from a monthly average of the number of children receiving ((state))qualifying subsidy divided by the monthly average licensed capacity of a specific provider over a twelve-month period.

(i) The twelve-month period utilized for the above calculation will include the twelve months prior to the formal release of a facility's early achievers rating.

(ii) Facilities must have provided care at least one day in a given month for that month to be utilized in the above calculation.

(1) Base rate. When a consumer employs an in-home/relative provider, ((DSHS))DCYF pays the lesser of the following to an eligible in-home/relative provider for child care:

(a) The provider's private pay rate for that child; or

(b) The maximum child care subsidy rate of two dollars and ((forty-seven))fifty-five cents per hour ((for the))per child ((who needs the greatest number of hours of care and two dollars and forty-four cents per hour for the care of each additional child in the family. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the maximum child care subsidy rate and the rate for each additional child in the family increase to two dollars and fifty cents per hour)). Beginning July 1, 2020, the maximum child care subsidy rate is two dollars and sixty-five cents per hour per child.

(2) ((DSHS))DCYF may pay above the maximum hourly rate for children who have special needs ((under WAC 170-290-0235))pursuant to WAC 110-15-0235.

(3) ((DSHS))DCYF makes the WCCC payment directly to a consumer's eligible provider.

(4) When applicable, ((DSHS))DCYF pays the employer's share of the following:

(a) Social Security and medicare taxes (FICA) up to the wage limit;

(b) Federal Unemployment Taxes (FUTA); and

(c) State unemployment taxes (SUTA).

(5) If an in-home/relative provider receives less than the wage base limit per family in a calendar year, ((DSHS))DCYF refunds all withheld taxes to the provider.

(1) A consumer's provider may receive a nonstandard hours bonus (NSHB) payment ((of seventy-five dollars)) per child per month for care provided if:

(a) The provider is licensed or certified;

(b) The provider provides at least thirty hours of nonstandard hours care during one month; and

(c) The total cost of the NSHB to the state does not exceed the amount appropriated for this purpose by the legislature for the current state fiscal year.

(2) Nonstandard hours are defined as:

(a) Before 6 a.m. or after 6 p.m.;

(b) Any hours on Saturdays and Sundays; and

(c) Any hours on legal holidays, as defined in RCW 1.16.050.

(1) Payment discrepancies include both underpayments and overpayments.

(2) For consumers not covered under WAC ((170-290-0267 through 170-290-0275))110-15-0267 through 110-15-0275, payment discrepancies are subject to chapter 388-410 WAC.

(3) For providers covered under the collective bargaining agreement, all other payment discrepancy issues are covered under WAC ((170-290-0275 and 170-290-0277))110-15-0275 and 110-15-0277.

(4) For all providers, payment discrepancies resulting from program violations or suspected fraud are covered under WAC ((170-290-0277 and 170-290-0279))110-15-0277 and 110-15-0278.

(1) Underpayments to a provider occur if ((DSHS))DCYF pays less than the amount the provider is eligible to receive.

(2) Underpayment requests will only be considered by DSHS if the provider submitted the original invoice for payment to ((DSHS))DCYF no later than ((twelve))six months after the date of service.

(1) This section applies to all child care providers.

(2) ((For in-home/relative and licensed family home child care providers, disputes regarding underpayments are grievable.

(a))) Providers must submit a billing invoice for payment within ((twelve))six months of the date ((of service))child care services are provided. Any invoice submitted more than ((twelve))six months from date ((of service))child care services are provided will not be processed.

(((b) If the billing invoice for payment is made within the twelve-month period, the time limits for correcting payment errors are:))(3) For purposes of correcting payment errors based on correctly submitted invoices under the provisions of subsection (2) of this section, the following time limits apply:

(i) Two years back from the date the payment was issued if the error ((is))was based on rates paid by age or region, ((unless the error is discovered by a federal audit, in which case the provider has up to twenty-four months after the date of service to ask for a corrected payment))except as provided in (a)(iii) of this subsection; or

(ii) Three years back from the date payment was issued if the error was based on any issue other than rates paid by age or region; and

(iii) Three years back ((if the error was for any other reason, including an error discovered))from the date the payment was issued for any underpayment identified by a federal or state audit((, in which case the provider has up to three years after the date of service to ask for a corrected payment)).

(4) For in-home/relative and family home child care providers, disputes regarding underpayments may be addressed through the grievance process provided for in the collective bargaining agreement.

A consumer who has been convicted of fraud to obtain child care subsidy benefits will be disqualified from receiving child care subsidy program benefits for five years.

"Conviction" or "convicted" means a finding by a state or federal court that an individual is guilty of a criminal offense that involves the commission of fraud to obtain child care subsidy payments or benefits. A guilty finding includes an adjudication of guilt, a verdict of guilt, and acceptance of a plea of guilty. A guilty finding constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Child care subsidy payment discrepancies are described in WAC((170-290-0266 through 170-290-0275))110-15-0266 through 110-15-0275, with the exception of underpayments requested by licensed child care centers, which will only be considered for ((twelve))six months after the date of services.

WAC ((170-290-0277 and 170-290-0279))110-15-0277 and 110-15-0278 apply to the seasonal child care program.