WSR 98-21-005

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed October 9, 1998, 9:28 a.m.]

Date of Adoption: October 9, 1998.

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. These changes are essential to assist clients who are involved in approved WorkFirst activities or employed. This amendment will support low-income families in seeking, obtaining and maintaining employment as well as increasing their chances for wage progression. In addition it allows low-income families who are working twenty hours or more per week the opportunity to receive child care subsidies for job skills training.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-010 and 388-290-055.

Statutory Authority for Adoption: RCW 74.04.050.

Adopted under notice filed as WSR 98-17-080 on August 18, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

October 9, 1998

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2470.5

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.]

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.]