WSR 20-09-138
EMERGENCY RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed April 21, 2020, 2:26 p.m., effective April 21, 2020, 2:26 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: For Working Connections and Seasonal Child Care: Increase from thirty to forty-six half-day units of school-aged child care during April and May 2020 for families experiencing homelessness.
Citation of Rules Affected by this Order: Amending WAC 110-15-0023.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Governor Jay Inslee issued Proclamation 20-05 declaring a State of Emergency in all counties in the state of Washington as a result of the outbreak of COVID-19. The governor's proclamation directed state agencies to do everything reasonably possible to respond to and recover from the COVID-19 outbreak. As of March 11, 2020, the World Health Organization has classified COVID-19 as a pandemic. The effects of its extreme risk of person-to-person transmission throughout Washington state significantly impact the life and health of our people, as well as our economy, and pose particular challenges to the availability of quality early learning and child care services for families with low incomes. These emergency amendments to WAC 110-15-0034 address these challenges by increasing the amount of care authorized for school-aged children for April and May 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 21, 2020.
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0023Homeless grace period (HGP).
(1) Families experiencing homelessness will be eligible for HGP and will have a certification period of twelve months:
(a) When homelessness is verified within thirty days of the date of application or reapplication;
(b) When the family has not received HGP in the twelve calendar months prior to the month of application or reapplication; and
(c) When the family meets all eligibility requirements under WAC ((170-290-0005))110-15-0005 and ((170-290-0030))110-15-0030, except:
(i) Verifying participation or participating in approved activities in WAC ((170-290-0040))110-15-0040, ((170-290-0045))110-15-0045, ((170-290-0050))110-15-0050, or ((170-290-0055))110-15-0055; or
(ii) Providing required third-party verification of employment within thirty days of receipt of an application or reapplication; or
(iii) Having an outstanding copayment or not having a payment plan for the outstanding copayment.
(2) Families eligible for HGP will have a period of four months to provide:
(a) Verification of participation in approved activities in WAC ((170-290-0040))110-15-0040, ((170-290-0045))110-15-0045, ((170-290-0050))110-15-0050, or ((170-290-0055))110-15-0055;
(b) Required third-party verification of employment; and
(c) Verification of payment or payment plan arrangements for an outstanding copayment.
(3) Families must report changes as required in WAC ((170-290-0031))110-15-0031 and will remain eligible for HGP through the end of the fourth month, if their homeless status changes.
(4) If received in months one through four, the verification required in subsection (3) of this section will not need reverification for care to continue during months five through twelve.
(5) The four-month period begins on the first date of eligibility, which is the date of application or reapplication and the first month may be a partial month. The four-month period ends on the last day of the fourth month.
(6) Termination of HGP will occur on the last day of the fourth month if the family does not:
(a) Verify they have entered an approved activity;
(b) Provide the required third-party verification of employment;
(c) Pay or make payment arrangements of an outstanding copayment.
(7) DSHS will approve HGP for families using WCCC for the fourteen-day wait period (WAC ((170-290-0055))110-15-0055). If the family has verified their homeless status but not entered the approved activity by the fourteenth day:
(a) HGP is approved the first day following the end of the fourteen-day wait period instead of terminating WCCC;
(b) The copayment is waived effective the first day of the month following the last day of the fourteen-day wait period; and
(c) The copayment is waived for the remainder of the four-month period, even if it is less than four months.
(d) When homelessness is verified and HGP approved, an overpayment will not be established for the fourteen-day wait period.
(8) ((DSHS))DCYF will approve HGP for families using WCCC for the sixty days of self-attestation of new employment (WAC ((170-290-0012))110-15-0012). If the family has verified their homeless status but not provided the required employment verification by the sixtieth day:
(a) HGP is approved the first day following the end of the sixty days of self-attestation period instead of terminating WCCC;
(b) The copayment is waived effective the first day of the month following the last day of the sixty days of self-attestation period; and
(c) The copayment is waived for the remainder of the HGP, even if it is less than four months.
(d) An overpayment is not established for the sixty days of self-attestations if homelessness is verified and HGP is approved.
(9)(a) HGP copayments will be determined at initial eligibility determination and be waived for the first four months. A copayment is required for months five through month twelve.
(b) If the copayment exceeds fifteen dollars, the family will not be eligible for the fifteen dollars copayment during the first two months of paying a required copayment.
(10) Families will be approved for full-time care during the four months of HGP and the remainder of the eligibility period. Full-time care means:
(a) Twenty-three full day units when the child needs five or more hours of care per day;
(b) Thirty half day units when the child needs less than five hours of care per day;
(c) Thirty half day units during the months of September through June when the child is school-aged, except that forty-six units will be approved for April and May 2020; or
(d) Forty-six half day units during the months of July and August when the child is school-aged.
(11)(a) Only licensed, certified or ((DEL)) DCYF-contracted providers willshall be authorized to provide child care during the four months of HGP. Payment to the provider will be either the provider rate or state rate, whichever is less.
(b) In-home/relative providers willshall not be authorized to provide child care for families during the HGP, regardless of changes reported.
(c) Families may choose in-home/relative providers to provide care during months five through twelve, under WAC ((170-290-0125))110-15-0125, ((170-290-0130))110-15-0130, and ((170-290-0190))110-15-0190.
(d) The four months of HGP are nontransferable; families may not change the four months of HGP, even when care was not provided.
Reviser's note: RCW
34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.