WSR 98-18-077
EMERGENCY RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Children's Administration)
[Filed September 1, 1998, 11:10 a.m.]
Date of Adoption: September 1, 1998.
Purpose: To establish rates and payment rules for the Department of Social and Health Services' child care subsidy programs.
Statutory Authority for Adoption: RCW 74.12.340, 74.04.050, 74.04.055, and 74.08.090.
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: Rules must be effective when funds are available on September 1, 1998. New rates and payment rules increase access to child care for families who receive subsidized child care. This will help meet the federal mandate to reduce the number of families on TANF by allowing parents to enter the work force and maintain employment.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 1, amended 0, repealed 0.
Effective Date of Rule: Immediately.
September 1, 1998
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
NEW SECTION
WAC 388-15-177 Subsidized child care payment. (1) For licensed or certified child care providers, the department may make child care subsidy payments directly to the provider on behalf of the eligible child and the department shall pay the providers their usual and customary rates or the maximum DSHS child care subsidy rate, whichever is less.
(2) At initial authorization and reauthorization beginning September 1, 1998, the department must pay the maximum DSHS child care rates according to the following table, except as specified in subsection (3)(a)(b) and (c) of this section.
| dshs maximum child care subsidy rates | ||||||||
| child care centers | ||||||||
| Infants
(0-11 months) |
Toddlers
(12-29 months) |
Preschool
(30 months-5 yrs.) |
School-age
(5-12 yrs.) | |||||
| Region 1 | ||||||||
| Full-Day | $20.45 | $18.00 | $16.08 | $16.14 | ||||
| Half-Day | $10.23 | $9.00 | $8.04 | $8.07 | ||||
| Hourly | $4.00 | $3.00 | $2.95 | $3.00 | ||||
| Region 2 | ||||||||
| Full-Day | $20.05 | $18.18 | $16.23 | $14.36 | ||||
| Half-Day | $10.02 | $9.09 | $8.11 | $7.18 | ||||
| Hourly | $4.00 | $3.00 | $2.75 | $2.75 | ||||
| Region 3 | ||||||||
| Full-Day | $28.00 | $23.82 | $20.09 | $18.86 | ||||
| Half-Day | $14.00 | $11.91 | $10.05 | $9.43 | ||||
| Hourly | $4.30 | $4.25 | $3.65 | $4.00 | ||||
| Region 4 | ||||||||
| Full-Day | $33.50 | $26.59 | $23.41 | $21.66 | ||||
| Half-Day | $16.75 | $13.30 | $11.70 | $10.83 | ||||
| Hourly | $5.00 | $4.50 | $4.67 | $4.50 | ||||
| Region 5 | ||||||||
| Full-Day | $24.91 | $21.18 | $18.00 | $16.82 | ||||
| Half-Day | $12.45 | $10.59 | $9.00 | $8.41 | ||||
| Hourly | $5.00 | $3.75 | $3.40 | $3.44 | ||||
| Region 6 | ||||||||
| Full-Day | $23.23 | $21.15 | $18.18 | $17.77 | ||||
| Half-Day | $11.61 | $10.58 | $9.09 | $8.89 | ||||
| Hourly | $5.00 | $3.25 | $3.00 | $2.70 | ||||
| dshs maximum child care subsidy rates | ||||||||
| family homes | ||||||||
| Infants
(0-11 months) |
Toddlers
(12-29 months) |
Preschool
(30 months-5 yrs.) |
School-age
(5-12 yrs.) | |||||
| Region 1 | ||||||||
| Full-Day | $18.00 | $17.00 | $15.45 | $15.00 | ||||
| Half-Day | $9.00 | $8.50 | $7.73 | $7.50 | ||||
| Hourly | $2.64 | $2.00 | $2.00 | $2.50 | ||||
| Region 2 | ||||||||
| Full-Day | $18.00 | $17.00 | $16.00 | $15.00 | ||||
| Half-Day | $9.00 | $8.50 | $8.00 | $7.50 | ||||
| Hourly | $2.13 | $2.00 | $2.25 | $2.33 | ||||
| Region 3 | ||||||||
| Full-Day | $28.00 | $23.00 | $20.00 | $19.00 | ||||
| Half-Day | $14.00 | $11.50 | $10.00 | $9.50 | ||||
| Hourly | $3.50 | $3.00 | $2.60 | $3.00 | ||||
| Region 4 | ||||||||
| Full-Day | $27.50 | $25.00 | $25.00 | $20.00 | ||||
| Half-Day | $13.75 | $12.50 | $12.50 | $10.00 | ||||
| Hourly | $4.17 | $4.17 | $3.50 | $3.30 | ||||
| Region 5 | ||||||||
| Full-Day | $19.00 | $20.00 | $18.00 | $16.00 | ||||
| Half-Day | $9.50 | $10.00 | $9.00 | $8.00 | ||||
| Hourly | $3.13 | $2.64 | $2.50 | $3.00 | ||||
| Region 6 | ||||||||
| Full-Day | $20.00 | $20.00 | $18.00 | $16.00 | ||||
| Half-Day | $10.00 | $10.00 | $9.00 | $8.00 | ||||
| Hourly | $2.86 | $2.63 | $2.50 | $2.67 | ||||
(3) For licensed or certified child care that is authorized or reauthorized beginning September 1, 1998, the department:
(a) Pays a monthly bonus for each child receiving subsidies who is authorized for nonstandard hour care. Nonstandard hour care is defined as a minimum of fifteen hours of child care per month outside the standard hours of 6:00 am until 6:00 pm Monday through Friday, or any time of the day on Saturdays and Sundays. The rate paid will be the maximum DSHS child care subsidy rate plus the nonstandard bonus as listed in the following table, or the provider's customary rate for that type of care, whichever is less;
| nonstandard hour bonus by region | ||||||
| Full-time | Part-time | Hourly | ||||
| REGION 1 | $88.00 | $44.00 | $22.00 | |||
| REGION 2 | $89.00 | $45.00 | $23.00 | |||
| REGION 3 | $110.00 | $55.00 | $28.00 | |||
| REGION 4 | $138.00 | $69.00 | $35.00 | |||
| REGION 5 | $99.00 | $50.00 | $25.00 | |||
| REGION 6 | $100.00 | $50.00 | $25.00 | |||
(b) Pays a one-time infant bonus of two hundred fifty dollars to the provider for a child under twelve months of age who is newly enrolled in their care; and who is expected to continue in care for five or more days;
(c) Pays thirty percent above the DSHS maximum child care rate or the provider's documented cost associated with caring for the child with special needs, whichever is less. A special needs child must be under nineteen years of age and physically, mentally, emotionally, or behaviorally disabled as verified by an appropriate collateral source, such as a therapist, counselor, teacher, doctor, nurse, or other qualified person.
(4) For in-home/relative child care the parent will:
(a) Be the employer of the provider;
(b) Pay the provider directly;
(c) Require the provider to sign a receipt at the time of payment, and retain the receipt for review by the department at the parent's next eligibility determination.
(5) For in-home/relative child care the department will:
(a) At authorization and reauthorization beginning September 1, 1998, initiate payment to the parent toward the cost of child care, at an hourly rate of two dollars for the first child and ninety-nine cents for each additional child;
(b) Pay for the care of children with special needs as stated in subsection (3)(c) of this section;
(c) Pay the employer's share of Social Security and Medicare taxes on all payments the department makes to the parent toward the cost of child care;
(d) Withhold the in-home/relative child care provider share of Social Security taxes up to the wage base limit from all payments the department makes to the parent toward the cost of child care;
(e) Withhold the in-home/relative child care provider share of Medicare taxes from all payments the department makes to the parent toward the cost of child care;
(f) Refund all taxes in (c) and (d) of this subsection, if the in-home/relative child care provider received less than one thousand one hundred dollars per family in a calendar year;
(g) Pay the employer's Federal Unemployment Taxes (FUTA) and, when applicable, state unemployment taxes (SUTS) on all payments the department makes to the parent toward the cost of child care; and
(h) Not make payment toward the cost of child care provided by the following relatives of the child: mother, father, sister, brother, stepmother, stepfather, stepsister, or stepbrother, except for adult siblings or stepsiblings residing outside of the child's home.
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