WSR 20-05-065
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed February 14, 2020, 3:48 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-03-018.
Title of Rule and Other Identifying Information: WAC 110-15-0190 WCCC benefit calculations, 110-15-0205 Daily child care ratesLicensed or certified family home child care providers, and 110-15-3770 Authorized SCC payments.
Hearing Location(s): On March 24, 2020, at 10:00 a.m., at Conference Room 4, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.
Date of Intended Adoption: March 25, 2020.
Submit Written Comments to: Department of Children, Youth, and Families (DCYF) Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://del.wa.gov/PolicyProposalComment/Detail.aspx, by March 24, 2020.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7903, fax 360-902-7903, email dcyfrulescoordinator@dcyf.wa.gov, by March 20, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Establish a partial monthly working connections and seasonal child care rate that will be paid to licensed family home child care providers for school-age children who are in care for less than five hours on a typical school day and are expected to need before- and after-school care.
Reasons Supporting Proposal: The department must establish a partial monthly rate for school age children under chapter 415, Laws of 2019, and an interest arbitration award agreed to by the governor and family home child cares' representative.
Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.
Statute Being Implemented: Sections 225 and 943, chapter 415, Laws of 2019.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Toni Sebastian, Olympia, Washington, 206-200-0824; 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. The proposed rules are not expected to impose new costs on businesses that are required to comply. Furthermore, 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).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
February 14, 2020
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-08-020, filed 3/26/19, effective 4/26/19)
WAC 110-15-0190WCCC benefit calculations.
(1) The amount of care a consumer may receive is determined by ((DSHS))DCYF at application or reapplication. Once the care is authorized, the amount will not be reduced during the eligibility period unless:
(a) The consumer requests the reduction;
(b) The care is for a school-aged child as described in subsection (3) of this section; or
(c) Incorrect information was given at application or reapplication.
(2) To determine the amount of weekly hours of care needed, ((DSHS))DCYF reviews:
(a) The consumer's participation in approved activities and the number of hours the child attends school, including home school, which will reduce the amount of care needed.
(b) In a two parent household, the days and times approved activities overlap, and only authorize care during those overlapping times. The consumer is eligible for full-time care if overlapping care totals one hundred ten hours in one month.
(c) ((DSHS))DCYF will not consider the schedule of a parent in a two parent household who is not able to care for the child.
(3) Full-time care for a family using licensed providers is authorized when the consumer participates in approved activities at least one hundred ten hours per month:
(a) Twenty-three full-day units per month will be authorized when the child ((needs))is in care five or more hours per day((;)).
(b) Thirty half-day units per month will be authorized when the child ((needs))is in care less than five hours per day((;)).
(c) Forty-six half-day units per month will be authorized during the months of June, July, and August for a school-aged child who ((needs))is in care for five or more hours ((of care;
(d)))per day.
(4) Partial-day monthly unit. A single partial-day monthly unit per month will be authorized for a school-age child attending a licensed family home child care when the child is:
(a) Authorized for care with only one provider; and
(b) Eligible for full-time authorization, but is in care less than five hours on a typical school day; and
(c) Expected to need care before and after school.
(d) Only one monthly unit may be authorized per child per month.
(5) Supervisor approval is required for additional days of care that exceeds twenty-three full days ((or)), thirty half days, or one partial-day monthly unit per month((; and
(e) Care cannot exceed sixteen hours per day, per child.
(4))).
(6) Full-time care for a family using in-home/relative providers (family, friends and neighbors) is authorized when the consumer participates in approved activities at least one hundred ten hours per month:
(a) Two hundred thirty hours of care will be authorized when the child ((needs))is in care five or more hours per day;
(b) One hundred fifteen hours of care will be authorized when the child ((needs))is in care less than five hours per day;
(c) One hundred fifteen hours of care will be authorized during the school year for a school-aged child who ((needs))is in care less than five hours per day and the provider will be authorized for contingency hours each month, up to a maximum of two hundred thirty hours;
(d) Two hundred thirty hours of care will be authorized during the school year for a school-aged child who ((needs))is in care five or more hours in a day; and
(e) Supervisor approval is required for hours of care that exceed two hundred thirty hours per month((; and
(f))).
(7) Care cannot exceed sixteen hours per day, per child.
(((5)))(8) When determining part-time care for a family using licensed providers and the activity is less than one hundred ten hours per month:
(a) A full-day unit will be authorized for each day of care that exceeds five hours;
(b) A half-day unit will be authorized for each day of care that is less than five hours; and
(c) A half-day unit will be authorized for each day of care for a school-aged child, not to exceed thirty half days.
(((6)))(9) When determining part-time care for a family using in-home/relative providers:
(a) Under the provisions of subsection (2) of this section, ((DSHS))DCYF will authorize the number of hours of care needed per month when the activity is less than one hundred ten hours per month; and
(b) The total number of authorized hours and contingency hours claimed cannot exceed two hundred thirty hours per month.
(((7) DSHS))(10) DCYF determines the allocation of hours or units for families with multiple providers based upon the information received from the parent.
(((8) DSHS))(11) DCYF may authorize more than the state rate and up to the provider's private pay rate if:
(a) The parent is a WorkFirst participant; and
(b) Appropriate child care, at the state rate, is not available within a reasonable distance from the approved activity site. "Appropriate" means licensed or certified child care under WAC 110-15-0125, or an approved in-home/relative provider under WAC 110-16-0010. "Reasonable distance" is determined by comparing distances other local families must travel to access appropriate child care.
(((9)))(12) Other fees ((DSHS))DCYF may authorize to a provider are:
(a) Registration fees;
(b) Field trip fees;
(c) Nonstandard hours bonus;
(d) Overtime care to a licensed provider ((who has a written policy to charge all families,)) when care is expected to exceed ten hours in a day; and
(e) Special needs rates for a child.
AMENDATORY SECTION(Amending WSR 19-12-058, filed 5/31/19, effective 7/1/19)
WAC 110-15-0205Daily child care ratesLicensed or certified family home child care providers.
(1) Base rate. 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 effective July 1, 2019:
 
 
Infants
(Birth - 11 mos.)
Enhanced
Toddlers
(12 - 17 mos.)
Toddlers
(18 - 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
$31.25
$15.63
$31.25
$15.63
$26.79
$13.39
$25.89
$12.95
$22.32
$11.16
Spokane County
Full-Day
Half-Day
$32.59
$16.29
$32.59
$16.29
$27.68
$13.84
$26.79
$13.39
$26.79
$13.39
Region 2
Full-Day
Half-Day
$32.14
$16.07
$32.14
$16.07
$29.46
$14.73
$26.79
$13.39
$25.00
$12.50
Region 3
Full-Day
Half-Day
$42.86
$21.43
$42.86
$21.43
$37.50
$18.75
$36.25
$18.13
$29.38
$14.69
Region 4
Full-Day
Half-Day
$54.37
$27.19
$54.37
$27.19
$48.70
$24.35
$41.07
$20.54
$32.31
$16.16
Region 5
Full-Day
Half-Day
$37.07
$18.54
$37.07
$18.54
$34.90
$17.45
$31.25
$15.63
$26.79
$13.39
Region 6
Full-Day
Half-Day
$33.93
$16.96
$33.93
$16.96
$31.25
$15.63
$28.41
$14.20
$25.89
$12.95
(c) The maximum child care subsidy daily rate for that child as listed in the following table beginning July 1, 2020:
 
 
Infants
(Birth - 11 mos.)
Enhanced
Toddlers
(12 - 17 mos.)
Toddlers
(18 - 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
$33.13
$16.56
$33.13
$16.56
$28.39
$14.20
$27.45
$13.72
$23.66
$11.83
Spokane County
Full-Day
Half-Day
$34.54
$17.27
$34.54
$17.27
$29.34
$14.67
$28.39
$14.20
$28.39
$14.20
Region 2
Full-Day
Half-Day
$34.07
$17.04
$34.07
$17.04
$31.23
$15.62
$28.39
$14.20
$26.50
$13.25
Region 3
Full-Day
Half-Day
$45.43
$22.71
$45.43
$22.71
$39.75
$19.88
$38.43
$19.21
$31.14
$15.57
Region 4
Full-Day
Half-Day
$57.63
$28.82
$57.63
$28.82
$51.62
$25.81
$43.54
$21.77
$34.25
$17.13
Region 5
Full-Day
Half-Day
$39.29
$19.65
$39.29
$19.65
$37.00
$18.50
$33.13
$16.56
$28.39
$14.20
Region 6
Full-Day
Half-Day
$35.96
$17.98
$35.96
$17.98
$33.13
$16.56
$30.11
$15.06
$27.45
$13.72
(2) Effective July 1, 2019, ((the half-day rate is increased for)) family home providers in all regions and for all ages ((to))will receive a partial-day rate that is seventy-five percent of the full-day rate when:
(a) The family home provider provides child care services for the child during a morning session and an afternoon session. A morning session ((shall)) begins at any time after 12:00 a.m. and ends before 12:00 p.m. An afternoon session ((shall)) begins at any time after 12:00 p.m. and ends before 12:00 a.m.;
(b) The child is absent from care in order to attend school or preschool; and
(c) The family home provider is not entitled to payment at the full-day rate((; and
(c))).
(d) In no event ((shall))will a child care provider be entitled to two partial-day rates totaling one hundred fifty percent of the daily rate.
(3) ((The family home child care WAC 110-300B-0010 and 110-300B-5550))A single partial-day monthly unit will be authorized for a school-age child who attends a licensed family home child care and is:
(a) Eligible for a full-time authorization, but is in care for less than five hours on a typical school day;
(b) Authorized for care with only one provider; and
(c) Expected to need care before and after school.
Partial-Day Monthly Rates
 
July 1, 2019-June 30, 2020
 
July 1, 2020-June 30, 2021
 
September-June
monthly rate
July-August
monthly rate
 
September-June
monthly rate
July-August
monthly rate
Region 1
$396.18
$491.04
 
$420.05
$520.52
Spokane
$475.48
$589.38
 
$503.88
$624.58
Region 2
$443.75
$550.00
 
$470.46
$583.00
Region 3
$521.58
$646.36
 
$552.82
$685.08
Region 4
$573.63
$710.82
 
$607.98
$753.50
Region 5
$475.48
$589.38
 
$503.88
$624.58
Region 6
$459.59
$569.58
 
$487.11
$603.90
(4) The monthly unit will be prorated for partial months of authorization.
(5) WAC 110-300-0355 allows providers to care for children from birth up to and including the 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.
(4)))(6) If the family home provider cares for a child who is thirteen years of age or older, the provider must follow WAC ((110-300B-0050 and 110-300B-5625))110-300-0300 and 110-300-0355. A child who is thirteen years of age or older at application must meet the special needs requirement according to WAC 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)))(7) 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 (((6)))(8) of this section).
(((6)))(8) 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.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-3770Authorized SCC payments.
The SCC program may authorize payments to licensed or certified child care providers for:
(1) Basic child care either full-day or half-day, at rates listed in the chart in WAC ((170-290-0200 and 170-290-0205))110-15-0200 and 110-15-0205:
(a) A full day of child care when a consumer's children need care for five to ten hours per day;
(b) A half day of child care when a consumer's children need care for less than five hours per day;
(c) Full-time care when the consumer participates in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule. Full-time care means twenty-three full day units if the child needs five or more hours of care per day or thirty half-day units if the child needs fewer than five hours of care per day;
(((d) Beginning September 1, 2016, for school-aged children, DSHS will authorize and pay for child care as follows:
(i) DSHS will automatically increase half-day authorizations to full-day authorizations beginning the month of June when the child needs full-day care; and
(ii) DSHS will automatically decrease full-day authorizations to half-day authorizations beginning the month of September unless the child continues to need full-day care during the school year, until the following June. DSHS will send the consumer notification of the decrease as stated in WAC 170-290-0025. If the consumer's schedule has changed and the child continues to need full-day care during the school year, the consumer must request the increase and verify the need for full-day care.))
(2) Family home providers in all regions and for all ages will receive a partial-day rate that is seventy-five percent of the full-day rate when:
(a) The family home provider provides child care services for the child during a morning session and an afternoon session. A morning session begins at any time after 12:00 a.m. and ends before 12:00 p.m. An afternoon session begins at any time after 12:00 p.m. and ends before 12:00 a.m.;
(b) The child is absent from care in order to attend school or preschool; and
(c) The family home provider is not entitled to payment at the full day rate.
(d) In no event will a child care provider be entitled to two partial day rates totaling one hundred fifty percent of the daily rate.
(3) A single partial-day monthly unit will be authorized for a school-age child who is:
(a) Eligible for a full-time authorization, but is in care for less than five hours on a typical school day;
(b) Authorized for care with only one provider;
(c) Expected to need care before and after school.
(4) The monthly unit will be prorated for partial months of authorization.
(5) A registration fee, according to WAC ((170-290-0245))110-15-0245;
(((3) Subsidy rates for five-year old children according to WAC 170-290-0185;
(4)))(6) The field trip/quality enhancement fees in WAC ((170-290-0247))110-15-0247;
(((5)))(7) The nonstandard hours bonus in WAC ((170-290-0249))110-15-0249; and
(((6)))(8) Special needs care when the child has a documented special need and a documented need for a higher level of care, according to WAC ((170-290-0220, 170-290-0225, and 170-290-0230))110-15-0220, 110-15-0225, and 110-15-0230.