CHILDREN, YOUTH, AND FAMILIES

[Filed April 3, 2023, 4:27 p.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Working connections and seasonal child care subsidy programs, WAC 110-15-0211 Trauma-informed care supports.

Hearing Location(s): On May 9, 2023, telephonic. Make oral comments by calling 360-972-5385 and leaving a voicemail that includes the comment and an email or physical mailing address where the department of children, youth, and families (DCYF) will send its response. Comments received through and including May 9, 2023, will be considered.

Date of Intended Adoption: May 10, 2023.

Submit Written Comments to: DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, by May 9, 2023.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, by May 4, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new rule clarifies who is eligible to receive support from the department for trauma-informed child care and how recipients may use the trauma-informed care supports. The anticipated effect is that child cares will be better positioned to screen for and assess the needs of children in their care, compensate staff who have early childhood mental health or other department-approved credentials, access trauma-informed care professional development and training, and access supportive services for children with complex needs.

Reasons Supporting Proposal: The proposed new rule implements section 304, chapter 199, Laws of 2021, and complies with its requirement that the department must adopt rules. The 2021 legislature recognized that (1) quality child care can be a stabilizing factor for children experiencing homelessness and is a proven protective factor against the impacts of trauma they may experience; and (2) access to child care is a necessary support for families with young children in resolving homelessness and securing employment. The department intends that the proposed rule will increase access to quality child care by providing support to trauma-informed care.

Statutory Authority for Adoption: RCW 43.216.590.

Statute Being Implemented: RCW 43.216.590.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Jess Mayrer, 360-706-3570; 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 listed as 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 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.

Scope of exemption for rule proposal:

WAC 110-15-0211Trauma-informed care supports.

(1) Subject to available funds, DCYF will provide trauma-informed care support to aid eligible providers. For the purposes of this section, "eligible providers" means:

(a) An employee or owner of a licensed or certified child care center or outdoor nature-based program that accepts WCCC or SCC payments;

(b) An employee or owner of a licensed family home child care provider that accepts WCCC or SCC payments;

(c) A contractor or provider of the early childhood education and assistance program or birth to three early childhood education and assistance program;

(d) A license-exempt family, friends, and neighbors (FFN) provider accepting subsidy; or

(e) An early achievers coach.

(2) Trauma-informed care supports may be used by eligible providers for the following purposes:

(a) Additional compensation for individual staff who have a DCYF-approved infant and early childhood mental health credential or other DCYF-approved child development specialty credential;

(b) The purchase of screening tools, assessment materials, and relevant training associated with the use of such screening tools and assessment materials;

(d) Supportive services for children with complex needs that are offered as fee-for-service within local communities; or

(e) Other expenses related to trauma-informed care.