Purpose: To expand eligibility under the working connections child care (WCCC) program. At this time, non-TANF WCCC consumers are eligible for child care subsidies for employment only. The new rule allows subsidies to be paid for time-limited education and training programs as well.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-055.

Statutory Authority for Adoption: RCW 74.04.050, 74.13.0903.

Other Authority: Public Law 104-193, Sections 407 and 605.

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: This amendment to WAC 388-290-055 is essential to assist employed clients with WCCC. This amendment will support low-income families in improving their basic education and job skills, as well as increasing their chances for wage progression and job retention. In addition, it helps the preservation of public safety and welfare by allowing low-income families to access and afford quality child care for children who may otherwise be left home alone.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

August 4, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-20-130, filed 10/1/97, effective 11/1/97)

WAC 388-290-055  Payment for subsidized child care. (1) The department pays for child care for:

(a) A consumer's hours of participation in an approved WorkFirst activity and/or hours of employment;

(b) Transportation time between the place of employment or approved WorkFirst activity and the location of child care, if needed;

(c) Self-employment under WAC 388-290-070;

(d) Education and training programs limited to adult basic education (ABE), English as a second language (ESL), high-school/GED, and vocational education and job skills training under WAC 388-310 for:

(i) Non-TANF consumers for up to thirty-six months;

(ii) TANF consumers for up to twelve months while on TANF, and up to twenty-four months after exiting TANF;

(iii) Consumers under (d)(i) and (ii) of this subsection, must also be working twenty hours or more per week and not have a prior approved JOBS plan.

(e) Education and training programs for TANF consumers who:

(i) Have prior approved JOBS plans; and

(ii) Are working at least twenty hours per week.

(f) A consumer's hours of participation in an employment retention activity if:

(i) The consumer is a TANF recipient working twenty hours or more per week. Child care may be authorized as needed;

(ii) The consumer is a former TANF recipient working twenty hours or more each week. Child care may be authorized for up to one year following the consumer's exit from TANF.

(g) A consumer's hours of participation in a labor exchange activity if:

(i) The consumer is a TANF recipient working twenty hours or more each week. Child care may be authorized as needed;

(ii) The consumer is a former TANF recipient working twenty hours or more each week and earning below one hundred seventy-five percent of the FPL. Child care may be authorized for up to two years following the consumer's exit from TANF.

(2) Consumers under subsection (1)(d) and (e) of this section, must be making satisfactory progress in their education or training programs.

(3) The department may authorize child care payments for up to two weeks for a TANF consumer waiting to enter an approved WorkFirst activity.

(((3))) (4) The department may authorize child care payments for up to four weeks for a consumer who experiences a gap in employment, or approved WorkFirst activity, if all the following conditions are met:

(a) The gap is for reasons out of the consumer's control;

(b) Employment, or the approved WorkFirst activity, will resume within that period or the consumer is looking for alternate employment; and

(c) The consumer received subsidized child care immediately before the gap in employment, or approved WorkFirst activity((; and

(d) Child care arrangements would otherwise be lost)).

(((4))) (5) The department pays initial and ongoing annual registration/equipment fees only if the fees are:

(a) Required of all parents whose (child(ren) are in care with that provider; and

(b) Needed to maintain a child care arrangement.

(((5))) (6) The department may pay ongoing activity fees to the child care provider if the conditions in subsection (((4))) (5)(a) and (b) of this section are met.

(((6))) (7) The department may establish a protective payee due to mismanagement of funds for consumers who fail to pay the in-home/relative child care provider, when:

(a) The department issued a child care warrant to the correct address and twelve or more working days have passed since the issuance date; and

(b) The consumer has not reported the warrant lost, stolen, or destroyed.

[Statutory Authority: RCW 74.04.050 and 1997 c 58 §§ 401-404. 97-20-130, § 388-290-055, filed 10/1/97, effective 11/1/97.]

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