WSR 98-17-080
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed August 18, 1998, 11:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-08-075.
Title of Rule: WAC 388-290-010 Subsidized child care--Purpose and income limit and 388-290-055 Payment for subsidized child care.
Purpose: These amendments to chapter 388-290 WAC will expand eligibility under the working connections child care (WCCC) program as well as improve access to quality child care. The changes are essential to assist clients who are involved in approved WorkFirst activities or employed, with working connections child care (WCCC). This amendment will support low-income families in seeking, obtaining and maintaining employment as well as increasing their chances for wage progression.
Statutory Authority for Adoption: RCW 74.04.050, 74.13.0903, 74.08.090.
Statute Being Implemented: Public Law 104-193, Sections 104 and 605.
Summary: To expand eligibility under the working connections child care (WCCC) program as well as improve access to quality child care.
Reasons Supporting Proposal: It will help low-income families who would not otherwise be able to afford quality child care.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Debbie Miller, Mailstop 45480, (360) 413-3101.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose and Summary above.
Proposal Changes the Following Existing Rules: It allows low-income, non-TANF families to access child care subsidies for post employment activities such as basic education, job skills training, job retention and labor exchange services.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required because rule does not impact small businesses.
RCW 34.05.328 applies to this rule adoption. It meets the definition of a significant legislative rule but the Department of Social and Health Services is exempt from preparing a cost benefit analysis because RCW 34.05.328 (5)(b)(vii) exempts the Department of Social and Health Services rules that relate only to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 22, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Paige Wall by September 10, 1998, phone (360) 902-7540, TTY (360) 902-8324, e-mail pwall@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Paige Wall, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 902-8292, by September 22, 1998.
Date of Intended Adoption: October 9, 1998.
August 17, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
SHS-2470.4
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) A consumer's hours of participation in education and training programs for up to thirty-six months total, including up to twelve months while on TANF if:
(i) The education and training programs are adult basic education (ABE), English as a second language (ESL), high-school/GED, or vocational education and job skills training as defined under chapter 388-310 WAC; and
(ii) The consumer is working twenty hours or more per week and does 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 and earning below one hundred seventy-five percent of the FPL. 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 pay child care
providers a one-time bonus for each infant they newly enroll into care if the following
conditions are met:
(a) The child who is being cared for is an infant less than twelve months of age; and
(b) The child care provider is licensed by the department as required by chapters 388-73, 388-150 or 388-155 WAC; and
(c) Care is provided for a minimum of five days.
(8) 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.
SHS-2466.1
AMENDATORY SECTION (Amending WSR 98-08-021, filed 3/19/98, effective 4/19/98)
WAC 388-290-010 Subsidized
child care--Purpose and income limit. The purpose of this program is to provide
child care services necessary to assist families with dependent children to become or
remain employed. The department may provide subsidized child care services to families
with ((gross)) incomes at or below one hundred seventy-five percent of
the Federal Poverty Level (FPL) adjusted for family size.
[Statutory Authority: RCW 74.04.050, 74.13.0903, and Public Law 104-193, Sections 407 and 605. 98-08-021, § 388-290-010, filed 3/19/98, effective 4/19/98. Statutory Authority: RCW 74.04.050 and 1997 c 58 §§ 401-404. 97-20-130, § 388-290-010, filed 10/1/97, effective 11/1/97. Statutory Authority: RCW 74.04.050 and 45 CFR 255.4(F). 95-23-028 (Order 3916), § 388-290-010, filed 11/8/95, effective 12/9/95.]