Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-24-035.

     Title of Rule: Chapter 388-290 WAC, Working connections child care includes WACs, child care subsidy benefits for families who need child care to work, look for work, or to get a better job.

     Purpose: To provide clarification of current rules and modify current rules to include: Elimination of first cousins as eligible providers; military housing allowance and in-kind income are disregarded; study time for students may be authorized; child care provider rates; individuals who are acting in loco parentis are defined as eligible consumers when receiving TANF; and establishes beginning and review eligibility dates.

     Statutory Authority for Adoption: RCW 74.04.050 and 45 C.F.R. Parts 98 and 99 (Child Development Fund rules).

     Statute Being Implemented: RCW 74.04.050 and 45 C.F.R. Parts 98 and 99 (Child Development Fund rules).

     Summary: Clarification of sections reduces confusion in the understanding and application of Working Connections Child Care benefits. Rates for providers have not been included previously in WAC.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jenny Baxter, Lacey Government Center, (360) 413-3244.

     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: This rule will eliminate first cousins as eligible providers. It will disregard military housing allowance and in-kind income. Study time for students may be authorized. Child-care provider rates are included in the WAC for the first time. Individuals who are acting 'in loco parentis' are defined as eligible consumers when receiving TANF. Rules for establishing beginning and review eligibility dates are clarified. The anticipated effects will be an increase in correct application of the rules.

     Proposal Changes the Following Existing Rules: Income that was once counted for program eligible is no longer (military housing and in-kind income); first cousins are no longer eligible providers for in-home/relative care; and individuals who are acting in loco parentis individuals are defined eligible consumers when receiving TANF.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

     RCW 34.05.328 does not apply to this rule adoption. This does not fit the definition of a significant legislative rule.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on November 27, 2001, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Fred Swenson by November 20, 2001, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by November 27, 2001.

     Date of Intended Adoption: No sooner than November 28, 2001.

September 26, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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     (a) Parent;

     (b) Stepparent;

     (c) Legal guardian;

     (d) Adult sibling or step-sibling;

     (e) Nephew or niece;

     (f) Aunt;

     (g) Uncle;

     (h) Grandparent; or

     (i) Any of the above relatives with the prefix great, such as great-aunt.

     (2) You are not an eligible consumer when you:

     (a) Are the only parent in the household; and

     (b) Will be away from the home for more than thirty consecutive days.

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     (1) Your family is described under WAC 388-290-0015;

     (2) You're participating in an approved activity under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

     (3) You and your children are eligible under WAC 388-290-0020;

     (4) Your countable income, is at or below two hundred twenty-five percent of the Federal Poverty Level (FPL) (under WAC 388-290-0060); and

     (5) Your share of the child care cost, called a copayment (under WAC 388-290-0075) is lower than the DSHS maximum daily rate for that type of care.

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(1) If you are:	We count the following individuals as part of the family for WCCC eligibility:
(a) A single parent, including a minor parent living independently;	You and your child(ren).
(b) Unmarried parents that have at least one mutual child;	Both parents and all their children living in the household.
(c) Unmarried parents with no mutual children;	Unmarried parents and their respective children are counted as separate WCCC families.
(d) Married parents;	Both parents and all their children living in the household.
(e) Undocumented parents (all other family rules in this section apply);	Both parents and all children, documented and undocumented, as long as the child needing care is a U.S. citizen or legally residing in the United States.
(f) A consumer as defined in WAC 388-290-0005 and you are not financially responsible for the child(ren);	Only the child(ren) are counted as the WCCC family. The child(ren) and his/her income is counted for WCCC eligibility.
(g) A minor parent with children and live with your parent/guardian;	Only the minor parent and the children.
(h) Family members who are temporarily out of the household because of employment requirements, such as the military (all other family rules in this section apply).	This individual as part of the household.
(2) If your household includes:	We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year olds who are enrolled in approved secondary education or general equivalency diploma (GED) program.	The eighteen year olds unless they are a parent themselves, until they turn nineteen, or complete HS/GED, whichever comes first.
(b) Individuals up to twenty-one years of age who are participating in an approved program through the school district's special education department under RCW 28A.155.0202.	The individual participating in an approved program through RCW 28A.155.0202 up to twenty-one years of age, unless they are a parent themselves.

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     (a) An employee of the same child care facility where your child(ren) is receiving care and you do not care for your own child(ren) during the time WCCC is requested;

     (b) In sanction status for temporary assistance for needy families (TANF), while you are in an activity needed to remove the sanction or employment;

     (c) A parent in a two-parent family and one parent is not able or available to provide care for your child(ren) while one is working, looking for work, or preparing for work;

     (i) "Able" means physically, mentally, and emotionally capable of caring for a child in a responsible manner.

     (ii) "Available" means able to provide care when they are not participating in an approved work activity under WAC 388-290-0040, 388-290-0045, and 388-290-0050 during the time you need child care.

     (d) A married consumer described under WAC 388-290-0005 (1)(d) through (i). Only you or your spouse must be participating in activities under WAC 388-290-0040, 388-290-0045, or 388-290-0050.

     (2) You might be eligible for WCCC if your child(ren) is legally residing in the country and is:

     (a) Less than thirteen years of age; or

     (b) Thirteen years of age and less than age nineteen, and:

     (i) Has a verified special need, according to WAC 388-290-0220; or

     (ii) Is under court supervision.

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     (1) Be treated politely and fairly without regard to race, color, creed, religion, sex, presence of any sensory, mental or physical disability, sexual orientation, political affiliation, national origin, religion, age, gender, disability, or birthplace;

     (2) Have an application accepted and acted upon within thirty days;

     (3) Be informed, in writing, of your legal rights and responsibilities related to WCCC benefits;

     (4) Only have your information shared with other agencies when required by federal or state regulations;

     (5) Get a written notice, at least ten days before the department makes changes to lower or stop benefits except in WAC 388-290-0120;

     (6) Ask for a fair hearing if you do not agree with the department about a decision.

     (7) Ask a supervisor or administrator to review a decision or action affecting your benefits without affecting the right to a fair hearing;

     (8) Have interpreter or translator service within a reasonable amount of time and at no cost to you;

     (9) Be allowed to choose your provider as long as the provider meets the requirements in WAC 388-290-0125; and

     (10) Refuse to speak to a fraud early detection (FRED) investigator from the division of fraud investigations. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. This request will not affect your eligibility for benefits.

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     (1) Supply the department with information so we can determine your eligibility and authorize child care payments correctly;

     (2) Choose a provider who meets requirements of WAC 388-290-0125 and make your own child care arrangements;

     (3) Pay, or make arrangements to have someone pay, your WCCC copayment directly to your child care provider;

     (4) Keep and provide when requested, accurate attendance records when you choose in-home/relative child care;

     (5) Pay your in-home/relative provider the entire amount the department sends you for in-home/relative care;

     (6) Require the in-home/relative provider to sign a receipt when you pay the provider. You must keep the receipts for one year for DSHS to review on request;

     (7) Notify WCCC staff, within five days, of any change in providers;

     (8) Notify your provider within ten days when we change your child care authorization;

     (9) Provide notice to WCCC staff within ten days of any change in:

     (a) The number of child care hours needed (more or less hours);

     (b) Your household income to include TANF grant stops or starts;

     (c) Your household size such as any family member moves in or out of your home;

     (d) Employment, school or approved TANF activity (starting, stopping or changing);

     (e) The address or phone number of your in-home/relative provider;

     (f) Your home address or telephone number; or

     (g) Your legal obligation to pay child support.

     (10) Report to your child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about your in-home/relative provider.

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     (1) Allow you to choose your provider as long as they meet the requirements in WAC 388-290-0125;

     (2) Review your chosen in-home/relative provider's background information because the department:

     (a) Wants you to have this information to help you:

     (i) Make informed, safe, and responsible decisions about your child(ren)'s care provider; and

     (ii) Reduce the risk of harm to children by caregivers that have been convicted of certain crimes.

     (b) Does not pay for any of the cost of child care provided by individuals convicted of crimes listed in WAC 388-290-0160 or 388-290-0165.

     (3) Authorize payments only to child care providers who allow you to see your children whenever they are in care;

     (4) Only authorize payment when no adult in your WCCC family is "able or available" to care for your children (under WAC 388-290-0020).

     (5) Inform you of:

     (a) Your rights and responsibilities under the WCCC program at the time of application and eligibility review;

     (b) The types of child care providers we can pay;

     (c) The community resources that can help you select child care, when needed; and

     (d) Any change in your copayment during the authorization period except under WAC 388-290-0120.

     (6) Respond to you within ten days if you report a change of circumstance which affects your WCCC eligibility/copayment; and

     (7) Provide prompt child care payments to your licensed or certified provider.

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     (1) A WorkFirst activity under chapter 388-310 WAC;

     (2) Employment or self-employment;

     (3) Transportation time between the location of child care and your place of employment or approved activity;

     (4) Up to ten hours per week of study time before or after regularly scheduled classes or up to three hours of study time per day when needed to cover time between classes for your approved activity; and

     (5) Up to eight hours per day of sleep time when it is needed, such as if you work nights and sleep days.

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     (1) Employment or self-employment under WAC 388-290-0050;

     (2) Secondary education or general equivalency diploma (GED) program if you are:

     (a) Age twenty-one or younger; and

     (b) Making at least satisfactory progress.

     (3) Same-day job search if you are a TANF applicant;

     (4) The food stamp employment and training program under chapter 388-444 WAC;

     (5) Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under chapter 388-310 WAC, and:

     (a) Making progress that is satisfactory or better as defined by your program;

     (b) Working:

     (i) Twenty or more hours per week; or

     (ii) Sixteen or more hours per week in a work study job.

     (c) Participating in the educational program for no longer than thirty-six months.

     (6) WCCC will be approved for activities listed in WAC 388-290-0040 (3) through (5), when required.

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     (1) You get TANF, and:

     (a) You have an approved self-employment plan under chapter 388-310 WAC; and

     (b) The amount of WCCC you get for self-employment is equal to the number of hours in your approved plan.

     (2) You don't get TANF, the number of hours of WCCC you can get will be calculated based on your self-employment earnings during the first six months of your WCCC eligibility. The number of hours of WCCC you can get is based on whichever is more:

     (a) Your work hours reported in your business records; or

     (b) The average number of monthly hours equal to dividing your monthly self-employment income by the federal or state minimum wage (whichever minimum wage is lower).

     (3) After the first six months, the number of hours of WCCC you can get each month is based on the lesser of subsections (2)(a) or (b) of this section.

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     (2) We can authorize WCCC payments for up to four weeks if you experience a gap for reasons out of your control such as a layoff in employment, or approved activity, and you meet all the following conditions:

     (a) Your employment, or the approved activity, will resume within that period; or

     (b) You're looking for another job and you received WCCC immediately before the gap in employment, or approved activity.

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     (1) A TANF grant, except when exempt under WAC 388-290-0070(9);

     (2) Child support payments;

     (3) Supplemental Security Income (SSI);

     (4) Other Social Security payments, such as SSA and SSDI;

     (5) Refugee assistance payments;

     (6) Payments from the Veterans' Administration, disability payments, or payments from labor and industries (L&I);

     (7) Unemployment compensation;

     (8) Other types of income not counted towards eligibility (under WAC 388-290-0070);

     (9) Wages from employment or self-employment. "Self-employment income" means your gross income from self-employment minus allowable business expenses in WAC 388-450-0085 (you will need to show the department your records which have all your business expenses and income); and

     (10) Lump sums as money you get from a one-time payment such as back child support, an inheritance, or gambling winnings.

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We consider ...	... To equal ...
(1) The sum of all income listed in WAC 388-290-0060. We:	Your expected average monthly income.
(a) Determine the number of months it took your family to earn the income and divide the amount by those months to get an average monthly amount;
(b) Use the best available estimate of your family's current income when you don't have income history to make an accurate estimate of your future income; or
(c) Ask for evidence of your future income such as a letter from your employer.
(2) Lump sum payments received in the month of application or during your WCCC eligibility. We:	Total monthly income.
(a) Verify that any lump sum payment income presented to us is accurate;
(b) Divide the lump sum payment by twelve to come up with a monthly amount; and
(c) Add the monthly amount to your expected average monthly income. We apply that amount to the month it was received and the remaining months of the current authorization period.
(3) Your total monthly income minus any child support paid out (through a court order, division of child support administrative order, or tribal government order).	Countable income. Your countable income is used to figure your initial and on-going eligibility and your copayment for WCCC.

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     (a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

     (b) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

     (c) Adoption support assistance and foster care payments;

     (d) Reimbursements, such as an income tax refund;

     (e) Diversion cash assistance and the early exit bonus;

     (f) Income in-kind, such as working for rent;

     (g) Military housing and food allowance;

     (h The TANF grant for the first three consecutive calendar months after you start a new job. The first calendar month is the month in which you start working;

     (i) Payments to you by your employer for benefits such as medical plans;

     (j) Earned income of a WCCC family member who is not the consumer, and is defined under WAC 388-290-0015(2).

     (2) WCCC deducts the amount you pay for child support under court order, division of child support administrative order, or tribal government order, from your other income types when figuring your eligibility and co-pay for the WCCC program.

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     (1) Determine your family size (under WAC 388-290-0105); and

     (2) Determine your countable income (under WAC 388-290-0065).

     (3) If your family's countable monthly income falls within the range below, then your copayment is:

YOUR INCOME	YOUR COPAYMENT is:
At or below 82% of the FPL	$10
Above 82% of the FPL up to 137.5%	$20
Above 137.50 - 225%	The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $20
Income above 225%, you are not eligible for WCCC benefits.

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     (2) At least every six months.

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     (a) Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

     (b) Your monthly income decreases;

     (c) Your family size increases;

     (d) You are no longer eligible for the three-month TANF grant exemption under WAC 388-290-0070 or the minimum copayment under WAC 388-290-0090.

     (2) We do not increase your copayment until the end of your current eligibility period when you remain eligible according to WAC 388-290-0075(3), and:

     (a) Your monthly income increases (to include lump sum payments); or

     (b) Your family size decreases.

     (3) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

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     (1) Your countable monthly income is at or below eighty-two percent of the FPL;

     (2) You are a minor parent, and:

     (a) Receiving TANF; or

     (b) Part of your parent's or relative's TANF grant.

     (3) In the first full month following the month you get a job, if you get TANF at the time of application for WCCC; or

     (4) The first month you receive WCCC, if you don't get TANF at the time of application for WCCC.

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     (1) As described in WAC 388-290-0055(1); or

     (2) When you have begun your approved activity under WAC 388-290-0040; and

     (3) When your eligible provider begins caring for your child(ren).

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     (a) You have turned all your information in within thirty days of your application date;

     (b) You meet all eligible requirements; and

     (c) Your provider is eligible (under WAC 388-290-0125) and caring for your child(ren).

     (2) Your application date is whichever is earlier:

     (a) The date your application is date stamped as received; or

     (b) The date your application is entered into our automated system as received.

     (3) If you fail to turn in all your information within thirty days you must re-start your application process. Your benefits begin date will start as described in subsection (1) of this section.

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     (a) Sending you a review notification thirty days prior to the end date of your current WCCC authorization; and

     (b) Reviewing the requested information when it is returned before the end of your current WCCC authorization.

     (2) Your WCCC benefits will resume without an interruption in benefits if:

     (a) Your request is received no later than ten days after your previous authorization ends;

     (b) Your provider is eligible for payment under WAC 388-290-0125; and

     (c) You are eligible for WCCC.

     (3) If you provide the requested review information to us more than ten days beyond your last eligibility period, your request for WCCC is processed as a new application under WAC 388-290-0095 or 388-290-0100.

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     (a) Do not pay copayment fees assessed by the department and mutually acceptable copayment arrangements are not made with your child care provider;

     (b) Do not complete the requested review information before the deadline noted in WAC 388-290-0105 (2)(a); or

     (c) Do not meet other WCCC eligibility requirements.

     (2) You might be eligible for WCCC again when you meet all WCCC eligibility requirements, and:

     (a) Back copayment fees are paid; or

     (b) Mutually acceptable payment arrangements are made with your child care provider(s).

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     (2) "Advance and adequate notice," means a written notice of a WCCC reduction, suspension, or termination that is mailed at least ten days before the date of the intended action which includes the Washington Administrative Code (WAC) supporting the action, and your right to request a fair hearing.

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     (1) You tell the department you no longer want WCCC;

     (2) Your whereabouts are unknown to the department;

     (3) You are receiving duplicate child care benefits;

     (4) Your new authorization period results in a change in child care benefits;

     (5) The location where child care occurs does not meet requirements under WAC 388-290-0130; or

     (6) The department determines your in-home/relative provider:

     (a) Is not of suitable character and competence;

     (b) May cause a risk of harm to your child(ren) based on the provider's physical, emotional or mental health; or

     (c) Has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165.

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     (1) Licensed as required by chapter 74.15 RCW;

     (2) Meeting their states licensing regulations, for providers who care for children in states bordering Washington. DSHS pays the lesser of the following to licensed or certified child care facilities in bordering states:

     (a) The provider's usual daily rate for that child; or

     (b) The DSHS maximum child care subsidy daily rate for the DSHS region where the child resides.

     (3) Exempt from licensing but certified by the department, such as:

     (a) Tribal child care facility that meet the requirements of tribal law;

     (b) Child care facilities on a military installation; or

     (c) Child care facilities operated on public school property by a school district.

     (4) An in-home/relative provider meeting the requirements in WAC 388-290-0130.

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     (a) Complete and submit a criminal background inquiry form prescribed by the department; and

     (b) Not be disqualified based on information in WAC 388-290-0140(3) or (4).

     (2) A relative provider must be one of the following adult relatives providing care in the home of either the child or the relative;

     (a) An adult sibling living outside the child's home;

     (b) An extended tribal family member under chapter 74.15 RCW; or

     (c) A grandparent, aunt, uncle, or great-grandparent, great-aunt or great-uncle.

     (3) A nonrelative provider may be an adult friend or neighbor and must provide care in the child's own home.

     (4) The in-home/relative provider may not be the child's biological, adoptive, or step-parent.

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     (1) The in-home/relative child care provider's name and address; and

     (2) A copy of the provider's valid Social Security Number and photo identification to the department;

     (3) A completed background inquiry form; and

     (4) A completed form which makes the following assurances:

     (a) The provider is:

     (i) Of suitable character and competence;

     (ii) Of sufficient physical, emotional, and mental health to meet the needs of the child in care. If requested by the department, the parent(s) must provide written evidence that the in-home child care provider of the parent's choice is of sufficient physical, emotional, and mental health to be a safe child care provider;

     (iii) Able to work with the child without using corporal punishment or psychological abuse;

     (iv) Able to accept and follow instructions;

     (v) Able to maintain personal cleanliness; and

     (vi) Prompt and regular in job attendance.

     (b) The child is current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

     (c) The home where care is provided is safe for the care of the child; and

     (d) The in-home/relative child care provider is informed about basic health practices, prevention and control of infectious disease, immunizations, and home and physical premises safety relevant to the care of the child.

     (e) As the WCCC consumer, you will instruct the in-home/relative child care provider that their primary function while on duty is to provide child care. The in-home/relative child care provider will have the following responsibilities:

     (i) Provide constant care and supervision of the child for whom the provider is responsible throughout the arranged time of care in accordance with the needs of the child; and

     (ii) Provide developmentally appropriate activities for the child who is under the in-home/relative child care provider's care.

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     (1) Your in-home/relative provider does not meet the requirements in WAC 388-290-0130 or 388-290-0135;

     (2) You fail to submit a completed criminal background inquiry form or the provider's Social Security card and photo identification to the department;

     (3) We determine your in-home/relative provider is not of suitable character and competence or of sufficient physical, emotional or mental health to meet the needs of the child in care, or the household may be at risk of harm by this provider, as indicated by information other than conviction information; or

     (4) Your in-home/relative provider has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165.

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     (a) When you request WCCC payments for a new in-home/relative provider:

     (b) Every two years for existing in-home/relative providers; or

     (c) When the department has a valid reason to do a criminal background check more frequently.

     (2) You will receive notice telling you whether or not the department is able to authorize WCCC payment.

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     (1) The Washington state patrol under chapter 10.97 RCW;

     (2) Other states and federally recognized Indian tribes;

     (3) Reports from credible community sources that indicate a need to investigate another state's records; and

     (4) Disclosure by the in-home/relative provider.

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     (1) Determine if the in-home/relative provider's criminal background contains information that will not allow the authorization of payment for part of the cost of WCCC using the following rules:

     (a) A pending charge for a crime is given the same weight as a conviction;

     (b) If the conviction has been renamed it is given the same weight as the previous named conviction. For example, larceny is now called theft; and

     (c) Convictions whose titles are preceded with the word "attempted" are given the same weight as those titles without the word "attempted."

     (2) Notify the parent of the criminal background information and whether or not the department is able to authorize payment for part of the cost of care;

     (3) Deny or stops payment for part of the cost of care by this in-home/relative provider, when the criminal background information disqualifies the in-home/relative provider; and

     (4) Assist you in finding other child care arrangements.

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     (2) If your provider has a conviction listed in WAC 388-06-0180 and it has been more than five years, the department will review the provider's background to determine character, suitability, and competence by reviewing:

     (a) The amount of time that has passed since the conviction;

     (b) The seriousness of the crime that led to the conviction;

     (c) The provider's age at the time of conviction;

     (d) The number and types of convictions in the provider's background; and

     (e) Documentation indicating you have successfully completed all court-ordered programs and restitution.

     (3) If your provider has a conviction other than those listed in WAC 388-06-0170 or 388-006-0180 the department will review the provider as described in (2)(a) through (d) above.

     (4) The crime will not be considered a conviction for the purposes of WCCC when it has been pardoned or a court of law acts to expunge or vacate the conviction record.

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     (1) Has a household change that requires their authorization to be updated;

     (2) Is newly authorized to receive child care subsidies; or

     (3) Is reauthorized to continue receiving child care subsidies.

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     (1) The preschool rate for a child who has not entered kindergarten; or

     (2) The school-age rate for a child who has entered kindergarten.

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     (a) Basic child care hours, either full day, half day or hourly;

     (i) Full day child care is authorized to licensed/certified facilities when care is needed one hundred ten hours or more per month;

     (ii) Half day child care is authorized to licensed/certified facilities when care is needed for less than one hundred ten hours per month; and

     (iii) Hourly child care is authorized when the provider is an in-home/relative.

     (b) A registration fee (under WAC 388-290-0245);

     (c) An activity fee (under WAC 388-290-0245);

     (d) Care for nonstandard hours (under WAC 388-290-0210 and 388-290-0215);

     (e) An infant bonus (under WAC 388-290-0250); and

     (f) Special needs when the child has a documented need for higher care (under WAC 388-290-0220, 388-290-0225, 388-290-0230, and 388-290-0235).

     (2) We pay more than the basic child care subsidy daily rate if:

     (a) Care is not available at the DSHS daily rate within a reasonable distance then the provider's usual daily rate is authorized; or

     (b) Care is over ten hours per day then an additional amount of care is authorized.

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     (1) Region 1 is Adams, Asotin, Chelan, Douglas, Ferry, Garfield, Grant, Lincoln, Okanogan, Pend Orielle, Spokane, Stevens, and Whitman counties.

     (2) Region 2 is Benton, Columbia, Franklin, Kittitas, Walla Walla, and Yakima (Klickitat) counties.

     (3) Region 3 is Island, Snohomish, San Juan, Whatcom Skagit counties.

     (4) Region 4 is King county.

     (5) Region 5 is Pierce and Kitsap counties.

     (6) Region 6 is Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Klickitat, Lewis, Mason, Pacific, Thurston, and Wahkiakum counties.

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     (1) The provider's usual daily rate for that child; or

     (2) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.

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     (1) The provider's usual daily rate for that child; or

     (2) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.

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     (a) Before 6:00 a.m. or after 6:00 p.m. Monday through Friday; and/or

     (b) Any time on Saturday or Sunday.

     (2) DSHS authorizes the nonstandard hour bonus (NSB) to licensed or certified child care providers as follows:

     (a) The DSHS maximum child care subsidy daily rate or the provider's usual daily rate for that child, whichever is less; and

     (b) The monthly nonstandard hour bonus listed below.

DSHS Monthly Nonstandard Hour Bonus
Region 1 Region 2 Region 3 Region 4 Region 5 Region 6	$74.00 $73.00 $91.00 $108.00 $80.00 $83.00

     (3) The provider may claim the NSB when less than fifteen hours of care is provided only when:

     (a) The provider held a space for the child during NSB hours; and

     (b) The child was scheduled to attend.

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     (1) Be under nineteen years old;

     (2) Have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care; and

     (3) Have their condition and need for higher level of care verified by an individual who is:

     (a) Not employed by the child care facility; and

     (b) A health, mental health, education or social service professional with at least a master's degree; or

     (c) A registered nurse.

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     (1) The provider's reasonable documented additional cost associated with the care of the child; or

     (2) The daily rate listed in the table below.

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     (1) The provider's reasonable documented additional cost associated with the care of the child; or

     (2) The daily rate listed in the table below.

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     (1) The provider's reasonable documented additional cost associated with the care for that child with special needs; or

     (2) Sixty-two cents per hour.

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     (a) Two dollars and six cents per hour for the child who needs the greatest number of hours of care and one dollar and three cents per hour for the care of each additional child in the family; or

     (b) The provider's usual daily rate for that care.

     (2) The WCCC program may pay above the maximum daily rate for children who have special needs under WAC 388-290-0235.

     (3) When care is provided by an in-home/relative provider, the WCCC programs pays benefits directly to the consumer, who is defined in WAC 388-290-0005. We consider the consumer the employer of the child care provider.

     (4) On all payments DSHS makes toward the cost of in-home/relative child care, DSHS pays the employer's share of:

     (a) Social Security taxes;

     (b) Medicare taxes;    

     (c) Federal Unemployment Taxes (FUTA); and    

     (d) State unemployment taxes (SUTA) when applicable.

     (5) On all payments DSHS makes toward the cost of in-home/relative child care DSHS withholds the following taxes:

     (a) Social Security taxes up to the wage base limit; and

     (b) Medicare taxes.

     (6) If an in-home/relative child care provider receives less than one thousand one hundred dollars per family in a calendar year, DSHS refunds all withheld taxes to the provider.

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

     (b) Needed to maintain the child care arrangement.

     (c) The registration fee may be paid more than once per calendar year when:

     (i) There is a break in child care services with the same provider of more than sixty days and the provider's usual policy is to charge an additional registration fee when there is a break in care; or

     (ii) The child(ren) change child care providers.

     (2) The WCCC program pays licensed or certified child care providers activity fees only if the fees meet the conditions in subsections (1)(a) and (b) of this section.

     (a) DSHS pays the lesser for activity fees;

     (b) Twenty dollars per child per month; or

     (c) The provider's usual activity fee for that activity.

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     (1) The child being cared for is less than twelve months of age;

     (2) The child care facility has not already received a bonus for that infant;

     (3) We expect care to be provided for five days or more; and

     (4) The provider must care for the infant a minimum of five days in order to claim the bonus.

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     (1) You do not pay your in-home/relative child care provider;

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

     (3) You have not reported the WCCC warrant lost, stolen, or destroyed;

     (4) You have a history of failing to pay your in-home/relative provider(s); or

     (5) You have a protective payee for your TANF grant.

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     (2) Child care providers can request hearings under chapter 388-02 WAC only for WCCC overpayments.

     (3) To request a hearing the consumer or provider:

     (a) Contacts the office which sent them the notice; or

     (b) Writes to the Office of Administrative Hearings, 919 Lakeridge Way SW, PO Box 42488, Olympia WA 98504-2488; and

     (c) Requests for a hearing must be made within ninety days of the date you receive this decision.

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     (a) On or before the effective date of an action; or

     (b) No more than ten days after the department sends you a notice of adverse action.

     "Adverse action" means an action to reduce or terminate your WCCC, or to set up a protective payee to receive your WCCC warrant for you.

     (2) If you lose a hearing, any WCCC you use between the date of the adverse action and the date of the hearing or hearing decision is an overpayment to you, the consumer.

     (3) If you are a WCCC consumer, you may not receive WCCC benefits pending the outcome of a hearing if you request payment to a provider who is not eligible under WAC 388-290-0125.

     (4) If you are eligible for WCCC, you may receive child care benefits for another eligible provider, pending the outcome of the hearing.

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     (a) Occurs when a consumer or a provider has received benefits or payment which they are not eligible to receive;

     (b) Is written by WCCC staff and expected to be paid back by either the consumer or the provider.

     (2) The WCCC program establishes WCCC overpayments, regardless of whether you are a current or past WCCC consumer, when we made payment for WCCC benefits and:

     (a) You are no longer eligible or you are eligible for a smaller amount of care. The overpayment will start from the day your circumstances change and you become ineligible;

     (b) You knowingly fail to report information to the department that affects the amount of WCCC you are eligible for; or

     (c) You do not have attendance records and/or payment receipts to support the amount you billed the department.

     (3) When setting up an overpayment, we reduce the WCCC overpayment by the amount of the WCCC underpayment when applicable.

     (4) In areas not covered by this section, WCCC consumers are subject to chapter 388-410 WAC (Benefit errors).

     (5) We set up overpayments starting the date that we paid for WCCC when you were not eligible or eligible for a lesser amount of care.

     (6) The WCCC program recovers WCCC overpayments from licensed/certified child care providers, when:

     (a) The provider receives payment for WCCC services not provided;

     (b) The provider does not have attendance records that support the billing;

     (c) We pay the provider more than they are eligible to bill; or

     (d) The provider receives payment from DSHS and the provider is not eligible based on WAC 388-290-0125.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-290-010	What is the purpose of the working connections child care program?
WAC 388-290-015	What basic steps does the department take to decide if I'm eligible for WCCC?
WAC 388-290-075	Who is a consumer in WCCC?
WAC 388-290-125	What activities can the department pay WCCC for if I get a temporary aid for needy families (TANF) grant?
WAC 388-290-150	What activities can the department pay WCCC for if I don't get a TANF grant?
WAC 388-290-200	Can the department pay WCCC if I'm self-employed?
WAC 388-290-270	Can the department authorize WCCC if I'm not working or in an approved activity right now?
WAC 388-290-280	Can the department pay WCCC for activity fees or bonuses?
WAC 388-290-300	Which children and consumers can and cannot get WCCC?
WAC 388-290-350	If I'm in an approved activity, what are the steps the department takes to figure my WCCC copayment?
WAC 388-290-375	How is the income that my family receives used in WCCC?
WAC 388-290-400	What makes up a family in the WCCC program?
WAC 388-290-450	What income does the department count in WCCC?
WAC 388-290-475	What income does the department exempt in WCCC?
WAC 388-290-500	What are the different kinds of income in WCCC the department uses to get my expected average monthly income?
WAC 388-290-525	How does the department figure my expected average monthly income?
WAC 388-290-600	How does the department figure my countable income, and what is countable income used for?
WAC 388-290-650	How does the department figure my copayment, once my countable income is known?
WAC 388-290-700	Does the department set the minimum copayment if I'm a minor parent?
WAC 388-290-750	Are there other times when the department sets the minimum copayment?
WAC 388-290-800	When does the department calculate copayments?
WAC 388-290-850	What child care providers can the department pay under the WCCC program?
WAC 388-290-854	When will the department not pay toward the cost of in-home/relative child care?
WAC 388-290-858	Why do we review your in-home/relative provider's criminal background information?
WAC 388-290-862	When is a criminal background check required?
WAC 388-290-866	Where does the department get the criminal background information on the in-home/relative provider?
WAC 388-290-870	What does the department do with the criminal background information on the in-home/relative provider?
WAC 388-290-874	Will I be notified of the results of the criminal background information on my in-home/relative provider?
WAC 388-290-878	Can I still use my chosen in-home/relative provider to care for my child(ren) if the provider has been convicted of a disqualifying crime?
WAC 388-290-882	What convictions permanently disqualify my in-home/relative provider from being authorized by WCCC?
WAC 388-290-886	Are there some crimes that require a set amount of time to pass before my in-home/relative provider may be authorized for WCCC?
WAC 388-290-888	When can I ask the department to review the decision to deny authorization of my in-home/relative provider?
WAC 388-290-900	When can the department establish a protective payee to pay my in-home/relative provider?
WAC 388-290-905	What responsibilities does the department have under the WCCC program?
WAC 388-290-910	What responsibilities do I have under the WCCC program?
WAC 388-290-915	When do WCCC payments start?
WAC 388-290-920	When does the department provide me with advance and adequate notice of WCCC payment changes?
WAC 388-290-925	When don't advance and adequate notice rules apply?
WAC 388-290-930	Under what circumstances does my eligibility for WCCC end?
WAC 388-290-935	When might I be eligible for WCCC again?
WAC 388-290-940	Do I have the right to request a hearing?
WAC 388-290-945	Can I receive WCCC pending the outcome of a hearing?
WAC 388-290-950	When does the department collect overpayments?

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