WSR 02-01-135

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 19, 2001, 11:03 a.m. ]

Date of Adoption: December 11, 2001.

Purpose: Chapter 388-290 WAC, Working connections child care, to provide clarification of current rules and modify current rules including 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; and establishes beginning and review eligibility dates.

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

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

Adopted under notice filed as WSR 01-20-077 on October 1, 2001.

Changes Other than Editing from Proposed to Adopted Version: The following are changes (other than editorial changes) to the adopted chapter 388-290 WAC, Working connections child care, compared to proposed rules filed as WSR 01-20-077. Changes to individual WAC are noted as underlined additions and struck-through deletions, and in numerical order.

WAC 388-290-0005 Can I be Who is considered a consumer in for the WCCC program?

(2) In WCCC, an eligible consumer is one of the following individuals who has parental control of one or more children, applies for or receives WCCC, and is the child's:

(23) You

WAC 388-290-0010 What makes me eligible for WCCC benefits?

(5) ...is lower than the total DSHS maximum daily monthly rate payment for that type of care all children in the family who are eligible for subsidized care.

WAC 388-290-0015 How does the WCCC program determine my family size?


(2) If your household includes: We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year olds siblings of the children requiring care 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) Siblings of the children requiring care Individuals who are up to twenty-one years of age and 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.

WAC 388-290-0020 When can I get WCCC benefits?

...(a) An employee of the same child care facility where your child is receiving care and you do not provide direct care for to...

WAC 388-290-0040 If I receive a temporary assistance for needy families (TANF) grant, when can might I receive be eligible for WCCC benefits?

...needy families (TANF) grant, you may receive be eligible for WCCC benefits for up to...

WAC 388-290-0045 Can I still get WCCC benefits iIf I don't get a temporary assistance for needy families (TANF) grant, when might I be eligible for WCCC benefits?

If you do not receive TANF Yyou may be eligible for WCCC benefits when you don't get TANF, for up to sixteen hours maximum per day for you're the hours of...

(2) ...if you are age twenty-one or younger.

(a) Age twenty-one or younger.; and

(b) Making at least satisfactory progress.

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

(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 388-310-1000, 388-310-1050, 388-310-1200, or 388-310-1800, and you are:

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

(ba) Working:

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

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

WAC 388-290-0050 Can I get WCCC benefits if I'm self-employed?

...self-employed., if:

(1) If Yyou get TANF, and:

(a) You must have...

(2) If Yyou 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) During the first six months of your WCCC eligibility, 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:

(ai)

(bii)

(3b) ... on the lesser of subsections (2)(a)(i) or (b)(ii) of this section.

WAC 388-290-0055 Can the WCCC program authorize benefits if I'm not working or in an approved activity right now?

(2) ... or approved activity, and you meet all the following conditions:

WAC 388-290-0060 What income is counted when determining WCCC eligibility and copayments?

(8) ...not counted towards eligibility listed in (under WAC 388-290-0070);

(9) ......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...

WAC 388-290-0065 How does the WCCC program define and use my income?


(2) Lump sum payments received in the month of application or during your WCCC eligibility. We: Total monthly income.
(b) Divide the lump sum payment by twelve to come up with a monthly amount (We apply that amount to the month it was received and the remaining months of the current authorization period); and
(c) Add the any monthly lump sum 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. Total monthly income.

WAC 388-290-0070 What income types and deductions are not counted when figuring my income eligibility and copayment for WCCC benefits?

(j) ... a WCCC family member who is not the consumer, and is defined

WAC 388-290-0075 What are the steps the WCCC program takes to figure my family's WCCC eligibility and copayment amount?

(1) Determine your family size (under WAC 388-290-01050015)

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

WAC 388-290-0085 When might my WCCC copayment change?

(d) ... exemption under WAC 388-290-0070(h) or

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

(23) copayment ((until the end of)) during your current eligibility period when your countable income remains eligible according to WAC 388-290-0075(3), at or below 225% of the FPL and:

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

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

WAC 388-290-0095 How does the WCCC program decide when my WCCC benefits begin I If I receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?

When you receive TANF, and are eligible for WCCC, your WCCC benefits begin when your eligible provider (under WAC 388-290-0125) begins is caring for your child and you have begun your approved activity under WAC 388-290-0040.:

(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.

WAC 388-290-0100 When do WCCC benefits begin iIf I do not receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?

(1) When you do not receive TANF and are eligible for WCCC Y your benefits begin as described in WAC 388-290-0055(1) or the date you apply for WCCC if you do not receive TANF and these following requirements are met:

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

(3) ... from your application date you ... process. Your ... (12) of this section.

WAC 388-290-0105 What is the process for my WCCC review for reauthorization of my WCCC benefits?

(1) You are asked required to complete a review of your WCCC benefits before the end date of your current child care WCCC eligibility period. The WCCC program determines if you are still eligible by:

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

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

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

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

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

(a) Receive TANF, your benefit begin date is when:

(i) You begin your approved activity, and

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

(b) Do not receive TANF, your benefit begin date is the date:

(i) Your application is date stamped as received;

(ii) Your application is entered into our automated system as received or

(iii) Your eligible provider (under WAC 388-290-0125) is caring for your child, whichever is later.

WAC 388-290-0110 What circumstances might affect my on-going eligibility for the WCCC benefits and when might I be eligible again?

(a) ...acceptable copayment arrangements to pay the copayment are not made ...;

(c) ...requirements related to family size, income and approved activities.

WAC 388-290-0120 When doesn't advance and adequate notice of payment changes apply to me?

(5) ... not meet requirements under WAC 388-290-0130 (2) or (3);

WAC 388-290-0135 When I choose an in-home/relative provider, what information must I submit to receive WCCC benefits?

(3) A completed background inquiry form application; and

(e) ...provider that he/she their primary function while on duty is to provide child care. The in-home/relative child care provider will have the following responsibilities:

(i) ...child for whom the provider is responsible throughout the ...

(ii) ...who is under the in-home/relative child care provider's care.

WAC 388-290-0155 What happens after the WCCC program reviews my in-home/relative provider's criminal background information?

...60 or 388-290-0165 as follows and:

(2) Notify the parent you of the criminal background information and whether ...

WAC 388-290-0180 When are the WCCC program subsidy rates in this chapter effective?

DSHS child care subsidy rates ...on or after November 1, 1999 January 1, 2002 when a ...:

WAC 388-290-0190 What does the WCCC program pay for and when can the program pay more?

(i) A full day of child care is authorized to licensed/certified facilities when care is needed for 5 or more hours per day one hundred ten hours or more per month;

(ii) A half day of child care is authorized to licensed/certified facilities when care is needed for less than 5 hours per day one hundred ten hours per month; and...

(f) Special needs when the child has a documented need for a higher level of care...

WAC 388-290-0195 What Washington state counties are in which DSHS regions?

This entire text of this WAC is deleted.

WAC 388-290-0200 What daily rates does DSHS pay for child care in a licensed or certified child care center?

DSHS pays the lesser of the following to a licensed or certified child care center:

DSHS Maximum Child Care Subsidy Daily Rate for Licensed Child Care Centers


The rate table in 388-290-0200 in the proposed rules was deleted and replaced by the following table.


Infants (Birth-

11 mos.)

Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-

age (5-12 yrs)

Region 1 Full-Day

Half-Day

$24.32

$12.16

$20.45

$10.23

$19.32

$9.66

$18.18

$9.09

Region 2 Full-Day

Half-Day

$24.55

$12.27

$20.50

$10.25

$19.00

$9.50

$16.82

$8.41

Region 3 Full-Day

Half-Day

$32.50

$16.25

$27.09

$13.55

$23.41

$11.70

$22.73

$11.36

Region 4 Full-Day

Half-Day

$37.82

$18.91

$31.59

$15.80

$26.50

$13.25

$23.86

$11.93

Region 5 Full-Day

Half-Day

$27.73

$13.86

$23.86

$11.93

$21.00

$10.50

$18.64

$9.32

Region 6 Full-Day

Half-Day

$27.27

$13.64

$23.41

$11.70

$20.45

$10.23

$20.00

$10.00

WAC 388-290-0205 What daily rates does DSHS pay for child care in a licensed or certified family child care home?

DSHS Maximum Child Care Subsidy Daily Rate for Licensed Family Child Care Homes


The rate table in 388-290-0205 in the proposed rules was deleted and replaced by the following table.


Infants (Birth-

11 mos.)

Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-

age (5-12 yrs)

Region 1 Full-Day

Half-Day

$20.00

$10.00

$18.00

$9.00

$18.00

$9.00

$16.00

$8.00

Region 2 Full-Day

Half-Day

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

$17.00

$8.50

Region 3 Full-Day

Half-Day

$29.00

$14.50

$25.00

$12.50

$22.00

$11.00

$20.00

$10.00

Region 4 Full-Day

Half-Day

$30.00

$15.00

$29.67

$14.83

$25.00

$12.50

$24.00

$12.00

Region 5 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

Region 6 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$20.00

$10.00

$19.00

$9.50

WAC 388-290-0210 When can my provider receive the WCCC program authorize the nonstandard hour child care bonus authorized?

The rate table in 388-290-0210 in the proposed rules was deleted and replaced by the following table.


DSHS Monthly Nonstandard Hour Bonus

Region 1 $80.00
Region 2 $78.00
Region 3 $97.00
Region 4 $109.00
Region 5 $87.00
Region 6 $84.00

WAC 388-290-0220 How does DSHS determine that my child qualifies for a special needs daily rate?

(4) Be 13 to 19 years old and be a dependent of the courts.

WAC 388-290-0225 What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified child care center?

...WAC 388-290-0405200 ...


The rate table in 388-290-0225 in the proposed rules was deleted and replaced by the following table.



Licensed Child Care Centers Special Needs Daily Rate


Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-

age (5-12 yrs)

Region 1 Full-Day

Half-Day

$7.30

$3.65

$6.14

$3.07

$5.80

$2.90

$5.45

$2.73

Region 2 Full-Day

Half-Day

$7.36

$3.68

$6.15

$3.08

$5.70

$2.85

$5.05

$2.52

Region 3 Full-Day

Half-Day

$9.75

$4.88

$8.13

$4.06

$7.02

$3.51

$6.82

$3.41

Region 4 Full-Day

Half-Day

$11.35

$5.67

$9.48

$4.74

$7.95

$3.98

$7.16

$3.58

Region 5 Full-Day

Half-Day

$8.32

$4.16

$7.16

$3.58

$6.30

$3.15

$5.59

$2.80

Region 6 Full-Day

Half-Day

$8.18

$4.09

$7.02

$3.51

$6.14

$3.07

$6.00

$3.00

WAC 388-290-0230 What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified family child care home?

...under WAC 388-290-02005 and ...:


The rate table in 388-290-0230 in the proposed rules was deleted and replaced by the following table.


Licensed Family Child Care Homes Special Needs Bonus

Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-

age (5-12 yrs)

Region 1 Full-Day

Half-Day

$6.00

$3.00

$5.40

$2.70

$5.40

$2.70

$4.80

$2.40

Region 2 Full-Day

Half-Day

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

$5.10

$2.55

Region 3 Full-Day

Half-Day

$8.70

$4.35

$7.50

$3.75

$6.60

$3.30

$6.00

$3.00

Region 4 Full-Day

Half-Day

$9.00

$4.50

$8.90

$4.45

$7.50

$3.75

$7.20

$3.60

Region 5 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

Region 6 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$6.00

$3.00

$5.70

$2.85

WAC 388-290-0235 What is the DSHS in-home/relative child care daily rate for children with special needs?

(1) DSHS authorizes special needs daily rates $2.06 an hour for in-home/relative child care for care of a child with special needs and the lesser of (under WAC 388-290-0240), plus whichever is greater of the following:

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

(23) Sixty-two cents per hour.

WAC 388-290-0245 When can the WCCC program pay authorize payment of fees for registration and/or special activities?

(1) ...providers initial and ongoing a registration fees once per calendar year up to of fifty dollars per child or the provider's usual fee, whichever is less only if the fees are:

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

(2) The WCCC program pays licensed or certified child care providers a monthly activity fees of twenty dollars per child or the provider's actual cost for the activity, whichever is less ...

(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.

WAC 388-290-0255 When can the WCCC program establish a protective payee to pay my in-home/relative provider?

The WCCC program establishes a protective payee to pay your in-home/relative provider when:

(1) You do not pay your in-home/relative child care provider your copayment and/or the entire amount the department sends you for in-home/relative child care;

(2) ...date; and you have not reported the WCCC warrant lost, stolen, or destroyed;

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

(43)

(54)

WAC 388-290-0260 Do I have the right to ask for a hearing about my WCCC benefits and how do I ask for one?

(2) Licensed or certified child care providers can request ...

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

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

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 51, Amended 0, Repealed 43.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 51, Amended 0, Repealed 43.

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 51, Amended 0, Repealed 43.
Effective Date of Rule: Thirty-one days after filing.

December 11, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-02 issue of the Register.

Washington State Code Reviser's Office