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

     Purpose: Revising rules for the working connection child care (WCCC) and seasonal child care (SCC) programs in chapter 170-290 WAC. Many of the changes affecting the WCCC program are also adopted by reference in the SCC program rules. The rules in this notice:

     1. Permanently adopt the following provisions currently in effect by emergency rule to help the department of early learning (DEL) and the department of social and health services* (DSHS) keep the WCCC program within appropriated funding levels:

•	Capping entry into WCCC, creating priority lists and a waiting list when appropriate. Currently 33,000 families statewide are enrolled in WCCC each month. Waiting lists for WCCC have been in effect since March 1, 2011.
•	Changing the allowable family income limit to qualify for WCCC or SCC from two hundred percent of the federal poverty guidelines (FPG) to one hundred seventy-five percent ($2,671 per month for a family of three). A family may remain on the WCCC program until their income exceeds one hundred seventy-five percent of the FPG.
•	Setting higher monthly family copayment amounts for families with income above eighty-two percent of the FPG.
•	Requiring families enrolled in WCCC to reapply before their current eligibility period ends, to avoid termination of their subsidy benefits. If terminated, the family would need to reenroll and face possible placement on the waiting list.
•	Limiting field trip fees (up to $20 per child in WCCC per month) payments only to DEL licensed and certified family home child care providers, and eliminating the age restriction for receiving field trip fees.

     2. Implement section 11 of ESSB 5921:

•	Requiring each parent applying for or receiving WCCC or SCC to apply for child support services with the DSHS division of child support as a condition of receiving child care subsidy benefits, unless the parent has good cause not to seek child support services.
•	Providing six months of WCCC or SCC eligibility before a family must reestablish eligibility, as long as entry into WCCC is capped. This change does not affect families that qualify for a twelve-month eligibility period under WAC 170-290-0082.

     3. Further align the rules with federal requirements, including:

•	Clarifying the WCCC eligibility process, including when the eligibility of parents and their child needing child care are considered separately, and verifying that the child receiving WCCC benefits is a United States citizen or legal resident.

     4. Address federal and state audits by:

•	Clarifying that child care subsidy benefits may be used only when the consumer is working or in approved activities outside of his or her home, by adding the following:

a.	An in-home/relative child care provider who is paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care.
b.	A consumer's spouse or partner may not receive WCCC payment for caring for the consumer's child. This provision exists in WAC currently for licensed family home child care and is needed to clearly include legal guardians and in loco parentis caregivers to comply with federal rules.

•	Clarifying the family income verification process.
•	Revising WCCC requirements regarding relative caregivers, self-employed consumers, legal guardians and in loco parentis custodians.

     5. Make other changes to streamline and clarify processes by:

•	Eliminating differences regarding when program benefits begin for families receiving temporary assistance for needy families (TANF) and families not receiving TANF where appropriate.
•	Clarifying when a WCCC consumer may use the twenty-eight day "gap" period.
•	Updating the WCCC "consumer's responsibilities" section.
•	Updating wording or cross references where appropriate for clarity.

     *DEL and DSHS jointly operate the WCCC program under section 501, chapter 265, Laws of 2006, (uncodified). DEL adopts rules and policy for WCCC. DSHS receives WCCC applications, determines eligibility, and processes payments to child care providers. As of July 1, 2011, DEL and DSHS also jointly manage the SCC program.

     When effective, the permanent rules will supersede and replace:

     1. Emergency rules filed as WSR 11-12-053 on May 27, 2011, and

     2. WAC 170-290-0030, 170-290-0060, and 170-290-082 filed as emergency rules, [in] WSR 11-14-066 on June 30, 2011. Other sections filed in WSR 11-14-066 remain in effect.

     Since September 2010, DEL and DSHS have implemented directives to reduce expenditures in the WorkFirst program and child care subsidy programs to avoid a projected WorkFirst budget deficit in state fiscal year (FY) 2011, and projected deficits in succeeding years. (WorkFirst is Washington state's various coordinated "welfare-to-work" programs and agencies, including WCCC and TANF). DEL has filed a series of emergency rules since September 24, 2010, intended to limit the number of families that may receive WCCC and SCC program benefits, thereby regulating program expenditures. Those emergency rules were extended on May 27, 2011, filing number WSR 11-12-053.

     In the 2011-2013 biennium, projected state revenues are expected to continue [to] be lower than needed to fund the WorkFirst and WCCC program caseloads at pre-FY 2011 levels. To keep the WCCC program within FY 2012 and 2013 legislative budget appropriations, the department must continue the program caps, priority lists, waiting lists, income limits, copayment increases, and limits on field trip fees under "permanent" rules.

     The 2011 legislature also passed ESSB 5921, a "WorkFirst redesign" bill. Section 11 of the bill requires that each applicant and recipient of WCCC and other child care subsidy programs seek DSHS child support enforcement services as a condition of receiving child care subsidy benefits, unless the applicant or recipient has good cause not to seek child support services. The bill also sets a standard six months eligibility period for WCCC and other child care subsidy programs, as long as the subsidy program entry is capped. DEL has applied section 11 of ESSB 5921 in these permanent rules and in emergency rules filed for the SCC program (see rules filed as WSR 11-14-066).

     This filing is consistent with office of financial management guidance regarding Executive Order 10-06 suspending noncritical rule making in 2011, but allowing rules to proceed that are necessary to "manage budget shortfalls;" "required to maintain federally delegated or authorized programs;" and to "finalize permanent rule making that has previously been covered by emergency rules."

     Citation of Existing Rules Affected by this Order: Repealing WAC 170-290-0100; and amending WAC 170-290-0001, 170-290-0005, 170-290-0015, 170-290-0020, 170-290-0025, 170-290-0030, 170-290-0035, 170-290-0040, 170-290-0045, 170-290-0050, 170-290-0055, 170-290-0060, 170-290-0070, 170-290-0075, 170-290-0082, 170-290-0085, 170-290-0095, 170-290-0107, 170-290-0109, 170-290-0120, 170-290-0130, 170-290-0190, and 170-290-0247.

     Statutory Authority for Adoption: Chapter 43.215 RCW, RCW 43.215.060 and 43.215.070.

     Other Authority: Chapter 42, Laws of 2011 1st sp. sess., PV (ESSB 5921); chapter 50, Laws of 2011 1st sp. sess., PV (2ESHB 1087); section 501, chapter 265, Laws of 2006 (uncodified).

      Adopted under notice filed as WSR 11-13-128 on June 22, 2011.

     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 8, 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 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 15, Repealed 1.

     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 23, Repealed 1.

     Date Adopted: August 24, 2011.

Elizabeth M. Hyde

Director

OTS-3988.3

AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0001   Purpose and intent.   (1) This chapter establishes the requirements for eligible families to receive subsidized child care through the working connections child care (WCCC) and seasonal child care (SCC) programs under applicable state and federal law, to the extent of available funds. As used in chapter 170-290 WAC, "to the extent of available funds" includes one or more of the following:

     (a) Limiting or closing enrollment;

     (b) Establishing a priority list for new enrollees subject to applicable state and federal law; or

     (c) Creating and maintaining a waiting list.

     (2) The purpose of WCCC, as provided in part II of this chapter, is to:

     (a) Assist eligible families in obtaining child care subsidies for approvable activities that enable them to work, attend training, or enroll in educational programs; and

     (b) Consider the health and safety of children while they are in care and receiving child care subsidies.

     (3) The purpose of SCC, as provided in part III of this chapter, is to:

     (a) Assist eligible families who are seasonally employed in agriculturally related work to pay for licensed child care; and

     (b) Consider the health and safety of children while they are in care and receiving child care subsidies.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0001, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0001, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0001, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0001, filed 12/19/01, effective 1/19/02.]

     (a) Have parental control of one or more eligible children((, lives));

     (b) Live in the state of Washington((, and is));

     (c) Be the child's:

     (((a))) (i) Parent, either biological or adopted;

     (((b))) (ii) Stepparent;

     (((c))) (iii) Legal guardian verified by a legal or court document;

     (((d))) (iv) Adult sibling or step-sibling;

     (((e))) (v) Nephew or niece;

     (((f))) (vi) Aunt;

     (((g))) (vii) Uncle;

     (((h))) (viii) Grandparent; ((or

     (i))) (ix) Any of the relatives in (((f), (g), or (h))) (c)(vi), (vii), or (viii) of this subsection with the prefix "great (((for example))," such as great-aunt(().

     (2) Consumers may be eligible for WCCC benefits if they:

     (a) Meet eligibility requirements for WCCC described under part II of this chapter;

     (b))); or

     (x) An approved in loco parentis custodian responsible for exercising day-to-day care and control of the child and who is not related to the child as described above;

     (d) Participate in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or have been approved per WAC 170-290-0055;

     (((c))) (e) Comply with any special circumstances that might affect WCCC eligibility under WAC 170-290-0020; ((and

     (d))) (f) Have countable income at or below ((two)) one hundred seventy-five percent of the federal poverty guidelines (FPG) (((under WAC 170-290-0065).

     (3) A consumer is not eligible for WCCC benefits when he or she:

     (a) Is the only parent in the family and will be away from the home for more than thirty days in a row; or

     (b) Has a monthly copayment that is higher than the rate the state will pay for all eligible children in care)). The consumer's eligibility shall end if the consumer's countable income is greater than one hundred seventy-five percent of the FPG;

     (g) Not have a monthly copayment that is higher than the state will pay for all eligible children in care;

     (h) Complete the WCCC application and DSHS verification process regardless of other program benefits or services received; and

     (i) Meet eligibility requirements for WCCC described in Part II of this chapter.

     (2) Children. To be eligible for WCCC, the child must:

     (a) Belong to one of the following groups as defined in WAC 388-424-0001:

     (i) A U.S. citizen;

     (ii) A U.S. national;

     (iii) A qualified alien; or

     (iv) A nonqualified alien who meets the Washington state residency requirements as listed in WAC 388-468-0005;

     (b) Live in Washington state, and be:

     (i) Less than age thirteen; or

     (ii) Less than age nineteen, and:

     (A) Have a verified special need, according WAC 170-290-0220; or

     (B) Be under court supervision.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0005, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0005, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0005, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0005, filed 12/19/01, effective 1/19/02.]

     (a) The consumer initially applies for benefits;

     (b) The consumer reapplies for benefits;

     (c) The consumer reports a change of circumstances ((occurs, which is either reported by the consumer or determined by DSHS));

     (d) DSHS finds out that the consumer's circumstances may have changed; or

     (e) The information DSHS has is inconsistent, conflicting, or outdated.

     (2) ((DSHS may accept any verification that the consumer can easily obtain when it reasonably supports the consumer's statement or circumstances.)) The verification that the consumer gives to DSHS must:

     (a) Clearly relate to the information DSHS is requesting;

     (b) Be from a reliable source; ((and))

     (c) Be accurate, complete, and consistent; and

     (d) As applicable, include, but not be limited to, the following:

     (i) A current WorkFirst IRP for consumers receiving TANF;

     (ii) Employer name, address, and phone number;

     (iii) State business registration and license, if self-employed;

     (iv) Work, school, or training schedule (when requesting child care for non-TANF activities);

     (v) Hourly wage or salary;

     (vi) Either the:

     (A) Gross income for the last three months;

     (B) Federal income tax return for the preceding calendar year; or

     (C) DSHS employment verification form;

     (vii) Monthly unearned income the consumer receives, such as child support or Supplemental Security Income (SSI) benefits;

     (viii) If the other parent is in the household, the same information for them;

     (ix) Proof that the child belongs to one of the following groups as defined in WAC 388-424-0001:

     (A) A U.S. citizen;

     (B) A U.S. national;

     (C) A qualified alien; or

     (D) A nonqualified alien who meets the Washington state residency requirements as listed in WAC 388-468-0005;

     (x) Proof of child enrollment in a head start, early head start or early childhood education and assistance program for twelve-month eligibility;

     (xi) Name and phone number of the licensed child care provider; and

     (xii) For the in-home/relative child care provider, a:

     (A) Completed and signed criminal background check form;

     (B) Legible copy of the proposed provider's photo identification, such as a driver's license, Washington state identification, or passport;

     (C) Legible copy of the proposed providers' valid Social Security card; and

     (D) All other information required by WAC 170-290-0135.

     (3) If DSHS requires verification from a consumer that costs money, DSHS must pay for the consumer's reasonable costs.

     (4) If the verification that a consumer provides to DSHS is inconsistent, conflicting, or outdated, DSHS may:

     (a) Ask the consumer to provide DSHS with more verification or provide a collateral contact (a "collateral contact" is a statement from someone outside of the consumer's residence that knows the consumer's situation); or

     (b) Send an investigator from the division of fraud investigations (DFI) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).

     (5) If a consumer does not provide all of the verification requested, DSHS will determine if a consumer is eligible based on the information already available to DSHS.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0012, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0012, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0012, filed 3/29/04 and 4/7/04, effective 5/28/04.]

(1) If a consumer's family includes:	DSHS counts the following individuals as part of the family for WCCC eligibility:
(a) A single parent, including a minor parent living independently.	The consumer and the consumer's children.
(b) Unmarried parents who 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 living in the household as separate WCCC families.
(d) Married parents.	Both parents and all their children living in the household.
(e) ((Undocumented)) Parents who are undocumented aliens as defined in WAC 388-424-0001.	Parents and children, documented and undocumented, as long as the child needing care ((is a)) belongs to one of the following groups as defined in WAC 388-414-0001:
	(i) A U.S. citizen ((or legally residing in the United States.));
	(ii) A U.S. national;
	(iii) A qualified alien; or
	(iv) A nonqualified alien who meets the Washington state residency requirements as listed in WAC 388-468-0005.
	All other family rules in this section apply.
(f) A legal guardian verified by a legal or court document; adult sibling or step-sibling; nephew, niece, aunt, uncle, grandparent; or great-nephew, great-niece, great-aunt, great-uncle, or great-grandparent.	The children only (the children and their income are counted).
(g) A minor parent with children and lives with a parent/guardian.	Only the minor parent and their children.
(h) A parent who is out of the household because of employer requirements, such as the military or training, and is expected to return to the household.	The consumer, the absent parent, and the children. Subsection (1)(b) and (d) of this section apply.
(i) A parent who is voluntarily out of the household for reasons other than requirements of the employer, such as unapproved schooling and visiting family members, and is expected to return to the household.	The consumer, the absent parent, and the children. Subsection (1)(b) and (d) of this section apply as well as WAC 170-290-0020.
(j) An incarcerated parent.	The incarcerated individual is not part of the household count in determining income and eligibility. DSHS counts all remaining household members. All other family rules in this section apply.
(2) If the consumer's household includes:	DSHS counts the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year old siblings of the children who require care and are enrolled in high school or general equivalency diploma (GED) program.	The eighteen year olds (unless they are a parent themselves), until they turn nineteen or complete high school/GED, whichever comes first. All other family rules in this section apply.
(b) Siblings of the children requiring care 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.155.020.	The individual participating in an approved program through RCW 28A.155.020 up to twenty-one years of age (unless they are a parent themselves). All other family rules in this section apply.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0015, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0015, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0015, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0015, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0015, filed 12/19/01, effective 1/19/02.]

     (b) In their own home or another location and his or her children receive care at the same location during the consumer's hours of employment.)) (1) Child care provided at the consumer's place of work. A consumer is not eligible for WCCC benefits for his or her children when child care is provided at the same location where the consumer works.

     (2) Consumer's child care employment.

     (a) A consumer may be eligible for WCCC benefits during the time she or he works in a child care center but does not provide direct care in the same classroom to his or her children during work hours.

     (b) A consumer is not eligible for WCCC benefits during the time she or he works in a family home child care where his or her children are also receiving subsidized child care.

     (c) In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care.

     (d) A child care provider who receives TANF benefits on behalf of a dependent child may not bill the state for subsidized child care for that same child.

     (3) Two-parent family.

     (a) A consumer may be eligible for WCCC if he or she is a parent in a two-parent family and one parent is not able or available as defined in WAC 170-290-0003 to provide care for the children while the other parent is working or participating in approved activities.

     (b) If a consumer claims one parent is not able to care for the children the consumer must provide written documentation from a licensed professional (see WAC 388-448-0020) that states the:

     (i) Reason the parent is not able to care for the children;

     (ii) Expected duration and severity of the condition that keeps the parent from caring for the children; and

     (iii) Treatment plan if the parent is expected to improve enough to be able to care for the children. The parent must provide evidence from a medical professional showing he or she is cooperating with treatment and is still not able to care for the children.

     (4) Single-parent family. A consumer is not eligible for WCCC benefits when he or she is the only parent in the family and will be away from the home for more than thirty days in a row.

     (5) Legal guardians.

     (a) A legal guardian under WAC 170-290-0005 may receive WCCC benefits for his or her work or approved activities without his or her spouse or live-in partner's availability to provide care being considered unless his or her spouse or live-in partner is also named on the permanent custody order.

     (b) Eligibility for WCCC benefits is based on the consumer's work or approved activities schedule, the child's need for care, and the child's income eligibility and family size of one.

     (c) The consumer's spouse or live-in partner is not eligible to receive subsidized child care payments as a child care provider for the child.

     (6) In loco parentis custodians.

     (a) An in loco parentis custodian may be eligible for WCCC benefits when he or she cares for an eligible child in the absence of the child's legal guardian or biological, adoptive or step-parents.

     (b) An in loco parentis custodian who is not related to the child as described in WAC 170-290-0005(1) may be eligible for WCCC benefits if he or she has:

     (i) A written, signed agreement between the parent and the caregiver assuming custodial responsibility; or

     (ii) Receives a TANF grant on behalf of the eligible child.

     (c) Eligibility for WCCC benefits is based on his or her work schedule, the child's need for care, and the child's income eligibility and family size of one.

     (d) The consumer's spouse or live-in partner is not eligible to receive subsidized child care payments as a child care provider for the child.

     (7) WorkFirst sanction.

     (a) A consumer may be eligible for WCCC if he or she is a sanctioned WorkFirst participant and participating in an activity needed to remove a sanction penalty or to reopen his or her WorkFirst case.

     (b) A WorkFirst participant who loses his or her TANF grant due to exceeding the federal time limit for receiving TANF may still be eligible for WCCC benefits under WAC 170-290-0055.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0020, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0020, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.260, chapter 74.08A RCW. 06-10-035, § 388-290-0020, filed 4/27/06, effective 6/1/06. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0020, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0020, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0020, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0020, filed 12/19/01, effective 1/19/02.]

     (1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

     (2) Have WCCC eligibility determined within thirty days from his or her application date per WAC ((170-290-0100(2))) 170-290-0095;

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

     (4) Receive a written notice at least ten days before DSHS makes changes to lower or stop benefits except as stated in WAC 170-290-0120;

     (5) Ask for an administrative hearing if he or she does not agree with DSHS about a decision per WAC 170-290-0280;

     (6) Ask a supervisor or administrator to review a decision or action affecting the consumer's benefits without affecting the right to an administrative hearing;

     (7) Have an interpreter or translator service provided by DSHS within a reasonable amount of time and at no cost to the consumer;

     (8) Choose a provider as long as the provider meets the requirements in WAC 170-290-0125;

     (9) Ask the fraud early detection (FRED) investigator from the division of fraud investigations (DFI) to come back at another time. A consumer does not have to let an investigator into his or her home. This request will not affect the consumer's eligibility for benefits. If the consumer refuses to cooperate (provide the information requested) with the investigator, it could affect his or her benefits;

     (10) Access his or her child at all times while the child is in child care;

     (11) Terminate child care without cause and without notice to the provider. Notice must be given to DSHS within five days of termination;

     (12) Not be charged by the consumer's licensed or certified provider, or be made to pay for:

     (a) The difference between the provider's private rate and the state maximum rate, when the provider's private rate for child care or the registration fee is higher;

     (b) Any day when the consumer's child is absent;

     (c) Vacation days when the provider chooses to close;

     (d) A higher amount than the state allows for field trips. If the consumer requests, and the provider has a policy in place, the consumer may voluntarily pay the difference between the amount that the state allows and the actual field trip cost;

     (e) A preschool tuition fee in addition to regular child care services; or

     (f) Child care services after the final day of care, when the provider chooses to stop caring for the consumer's children.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0025, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0025, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0025, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0025, filed 12/19/01, effective 1/19/02.]

     (1) Give DSHS correct and current information so DSHS can determine eligibility and authorize child care payments correctly;

     (2) Choose a provider who meets requirements of WAC 170-290-0125;

     (3) Pay, or make a plan to have someone pay, the WCCC copayment directly to the child care provider;

     (4) Only use WCCC benefits while the consumer is working or in WCCC approved activities outside the consumer's home. ((If the consumer is not in an approved activity and wants to use the provider, he or she must make a plan to pay the provider if the provider wants payment. The provider may charge the consumer the same rate that the provider charges to other parents who are not in the WCCC program;))

     (5) Pay the provider for child care services when he or she requests additional child care for personal reasons other than working or participating in WCCC approved activities that have been authorized by DSHS;

     (6) Pay the provider for optional child care programs that he or she requests. The provider must have a written policy in place charging all families for these optional child care programs;

     (7) Pay the provider the same late fees that are charged to other families, if the consumer pays a copayment late or picks up the child late;

     (((6))) (8) Ensure that care is provided in the correct home per WAC 170-290-130 if the consumer uses an in-home/relative provider, and monitor the in-home/relative provider's quality of care to ensure that the child's environmental, physical, nutritional, emotional, cognitive, safety, and social needs are being met;

     (((7))) (9) Cooperate (provide the information requested) with the quality assurance review process to remain eligible for WCCC. A consumer becomes ineligible for WCCC benefits upon a determination of noncooperation by quality assurance and remains ineligible until he or she meets quality assurance requirements. If DSHS determines that a consumer is not cooperating, the consumer will not be eligible for WCCC benefits. The consumer may become eligible again when he or she meets WCCC requirements in part II of this chapter;

     (((8))) (10) Provide the information requested by DSHS's WCCC staff or the fraud early detection (FRED) investigator. If the consumer refuses to provide the information requested within fourteen days, it could affect his or her benefits;

     (((9))) (11) Document the children's attendance as described in WAC 170-290-0138, 170-295-7030, 170-296-0520, or 170-151-460, as applicable, for that type of provider; ((and

     (10))) (12) Provide to his or her in-home/relative provider the names, addresses, and telephone numbers of persons who are authorized to pick up the child from care; and

     (13) Seek child support enforcement services from the DSHS division of child support, unless DSHS finds that the applicant or consumer has good cause not to cooperate as defined under WAC 388-422-0020 or as provided in (a) of this subsection.

     (a) For the purposes of this subsection, "good cause" also includes the following:

     (i) The applicant or consumer has a current court order showing the child support amount ordered on behalf of the child who will receive the child care subsidy benefits;

     (ii) The applicant or consumer already complies with child support enforcement services, either voluntarily or to meet other public assistance benefits requirements;

     (iii) The applicants or consumers are married parents, or unmarried two-parent families with a child in common needing child care living in the same household;

     (iv) The applicant or consumer is a single-parent family when the other parent is deceased;

     (v) The applicant or consumer is a single-parent family when the other parent is incarcerated for one year or longer;

     (vi) The applicants or consumers are both minor parents; or

     (vii) The DSHS division of child support does not have jurisdiction over the child support case, such as for tribal child support cases or cases outside of the United States.

     (b) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0030, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0030, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0030, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0030, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0030, filed 12/19/01, effective 1/19/02.]

     (1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

     (2) Determine a consumer's eligibility within thirty days from the date the consumer applied (application date as described in WAC ((170-290-0100(2))) 170-290-0095);

     (3) Allow a consumer to choose his or her provider as long as the provider meets the requirements in WAC 170-290-0125;

     (4) Review a consumer's chosen in-home/relative provider's background check results;

     (5) Authorize payments only to child care providers who allow a consumer to access his or her children whenever they are in care;

     (6) Only authorize payment when no adult in a consumer's family (under WAC 170-290-0015) is (("))able((")) or (("))available((")) (under WAC ((170-290-0020)) 170-290-0003) to care for the consumer's children;

     (7) Inform a consumer of:

     (a) His or her rights and responsibilities under the WCCC program at the time of application and reapplication;

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

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

     (d) Any change in a consumer's copayment during the authorization period except under WAC 170-290-0120(5).

     (8) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:

     (a) WCCC eligibility;

     (b) Copayment; or

     (c) Providers.

     (9) Provide prompt child care payments to a consumer's child care provider; ((and))

     (10) Provide an interpreter or translator service within a reasonable amount of time and at no cost to the consumer; and

     (11) Ensure that Social Security cards, driver's licenses, or other government-issued identification for in-home/relative providers are valid and verified.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0035, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0035, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0035, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0035, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0035, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0035, filed 12/19/01, effective 1/19/02.]

     (1) An approved WorkFirst activity under WAC 388-310-0200, with the following exception: In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care. These consumers may be eligible for other approved activities in their IRPs;

     (2) Employment ((or self-employment. "Employment" or "work" means:

     (a) Engaging in any legal, income generating activity that is taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States; or

     (b) Working in a federal or state paid work study program. The consumer may receive WCCC for paid work study and transportation hours (not for the time the consumer is in an unapproved activity).)) as defined in WAC 170-290-0003;

     (3) Self-employment as defined in WAC 170-290-0003 and as described in the consumer's current WorkFirst IRP;

     (4) Transportation time between the location of child care and the consumer's place of employment or approved activity;

     (((4))) (5) 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)) for approved classes; and

     (((5))) (6) Up to eight hours per day of sleep time when it is needed, such as if the consumer works nights and sleeps days.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0040, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0040, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0040, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0040, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0040, filed 12/19/01, effective 1/19/02.]

     (1) Up to a maximum of sixteen hours per day, including travel, study, and sleep time, for the hours of his or her participation in the following:

     (a) ((Full- or part-time)) Employment ((or)) as defined in WAC 170-290-0003;

     (b) Self-employment ((under WAC 170-290-0050. "Employment" or "work" means:

     (i) Legal, income generating activity taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States; or

     (ii) Federal or state paid work study.

     (b) VISTA volunteers, AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed)) as defined in WAC 170-290-0003;

     (c) High school (HS) or general equivalency diploma (GED) program until the consumer reaches his or her twenty-second birthday (the consumer may be enrolled in a HS or GED program without a minimum number of employment hours);

     (d) Approved WorkFirst activities according to WAC 388-310-0200 or 388-310-0700 if the consumer is a TANF applicant; or

     (e) Food stamp employment and training program under chapter 388-444 WAC.

     (2) If a consumer is participating in an activity listed in subsections (3) through (8) of this section, he or she may be eligible for WCCC benefits as described in subsection (1) of this section if the consumer is actually working either:

     (a) Twenty or more hours per week; or

     (b) Sixteen or more hours per week in a paid federal or state work study program.

     (3) Adult basic education (ABE).

     (4) English as a second language (ESL).

     (5) High school or GED completion if the consumer is twenty-two years of age or older.

     (6) Vocational education (Voc Ed). The Voc Ed program must:

     (a) Lead to a degree or certificate in a specific occupation;

     (b) Cannot include prerequisite classes or programs; and

     (c) Be offered by the following accredited entities only:

     (i) Public and private technical college or school;

     (ii) Community college; or

     (iii) Tribal college.

     (7) Job skills training: For no more than fourteen consecutive days. Job skills training is not tied to a specific occupation but is training in specific skills directly related to employment, such as CPR/First Aid, keyboarding, computer programs, project management, and oral and written communication skills. Training offered or required by a current employer, at or off the consumer's job site, may extend past the fourteen consecutive day limit.

     (8) Post-employment services under WAC 388-310-1800.

     (9) Child care for participation in Voc Ed is limited to thirty-six months regardless of the length of the educational program. The thirty-six months includes the months in which the following occurred at the same time:

     (a) WCCC benefits were paid to support the consumer's participation in a Voc Ed program; or

     (b) The consumer or someone in his or her household received TANF benefits.

     (10) WCCC may be approved for activities listed in WAC 170-290-0040 (((2)(b) through (d))) (4), (5), and (6), when needed.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0045, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0045, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. 06-12-094, § 388-290-0045, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0045, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.]

     (ii) The average number of monthly hours equal to dividing the consumer's monthly self-employment income by the federal or state minimum wage (whichever minimum wage is lower).)) (1) Self-employment generally. To be considered self-employed, a WCCC consumer must:

     (a) Earn income directly from his or her trade or business, not from wages paid by an employer;

     (b) Be responsible to pay his or her self-employment Social Security and federal withholding taxes;

     (c) Not have work schedule, activities or services controlled in an employee-employer relationship;

     (d) Participate directly in the production of goods or services that generate the consumer's income; and

     (e) Work outside of the home during the hours he or she requests WCCC benefits. If a consumer's self-employment activities are split between the home and outside of the home, only self-employment and other approved activities outside of the home will be eligible for child care benefits.

     (2) Self-employed consumers receiving TANF. If a consumer receives TANF and is also self-employed, he or she may be eligible for WCCC benefits for up to sixteen hours in a twenty-four-hour period for self-employment activities outside of the consumer's home.

     (a) The consumer must have an approved self-employment plan in the consumer's IRP under WAC 388-310-1700;

     (b) The amount of WCCC benefits a consumer receives for self-employment is equal to the number of hours in his or her approved plan; and

     (c) Income from self-employment while the consumer is receiving TANF is determined by WAC 388-450-0085.

     (3) Self-employed consumers not receiving TANF. If a consumer does not receive TANF and requests WCCC benefits for his or her self-employment, he or she may be eligible for WCCC benefits for up to sixteen hours in a twenty-four-hour period for self-employment activities outside of the consumer's home.

     (a) Consumers who do not receive TANF cash assistance and request WCCC benefits for self-employment must provide DSHS with his or her:

     (i) Washington state business license, or a tribal, county, or city business or occupation license, as applicable;

     (ii) Uniform business identification (UBI) number;

     (iii) Completed self-employment plan that is written, signed, dated and includes, but is not limited to, a description of the self-employment business, proposed days and hours of work activity including time needed for transportation, and the location of work activity;

     (iv) Profit and loss statement (or projected profit and loss statement, if starting a new business); and

     (v) Either:

     (A) Federal self-employment tax reporting forms for the most current reporting year; or

     (B) DSHS self-employment income and expense declaration form.

     (b) During the first six consecutive months of starting a new self-employment business, the hours of care the consumer is eligible to receive is based on his or her report of how many hours are needed, up to sixteen hours per day. A consumer is eligible to receive this provision only once during his or her lifetime. The consumer must use the benefit provided by this provision within the consumer's authorization period.

     (c) A consumer's need for care after she or he has received WCCC benefits for self-employment for six consecutive months as provided in (b) of this subsection is determined by DSHS in the following manner:

     (i) Dividing the consumer's gross monthly self-employment income by the federal or state minimum wage (whichever is lower) to determine the average monthly hours of care needed by the consumer; and

     (ii) Adding the consumer's additional child care needs for other approved employment, education, training, or travel to the total approved self-employment hours.

     (d) If both parents in a two-parent family are self-employed, at the same or a different business, each parent must report his or her own self-employment earnings and self-employment plan. If the requested verification is not provided, then WAC 170-290-0012(5) applies to determining eligibility.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0050, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0050, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0050, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0050, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0050, filed 12/19/01, effective 1/19/02.]

     (1) Fourteen-day wait period. DSHS may authorize WCCC payments for a child's attendance in child care for up to fourteen consecutive days when a consumer is waiting to enter an approved activity under WAC 170-290-0040 or 170-290-0045.

     (2) Twenty-eight-day gap period. DSHS may authorize WCCC payments to ensure a child's continuing attendance in child care for up to twenty-eight consecutive days when a consumer experiences a gap in his or her employment or approved activity. The consumer may be eligible for this twenty-eight-day gap period:

     (a) Twice in a calendar year; and

     (b) For the same number of units open while the consumer is in the approved activity, not to exceed two hundred thirty hours a month.

     (3) The twenty-eight-day gap period must be used within the consumer's authorization period.

     (4) In order for a consumer to qualify for the twenty-eight-day gap period:

     (a) The consumer must be currently receiving WCCC benefits;

     (b) The consumer must report to DSHS within ten days the loss of his or her employment or approved activity; and

     (c) The consumer must:

     (i) Be looking for another job; or

     (ii) Have verbal or written assurance from the consumer's employer or approved activity that the employment or approved activity will resume within the twenty-eight-day gap period.

     (((4))) (5) A consumer is eligible for the minimum copayment during the fourteen-day wait period or twenty-eight-day gap period.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0055, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0055, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0055, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0055, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0055, filed 12/19/01, effective 1/19/02.]

     (1) A TANF grant, except when the grant is for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

     (2) The following child support payment((s)) amounts:

     (a) For applicants or consumers who are not receiving DSHS division of child support services because they are exempt for good cause under WAC 170-290-0030 (13)(a)(i), the amount as shown on a current court order; or

     (b) For applicants or consumers who are receiving DSHS division of child support services, the amount as verified by the DSHS division of child support;

     (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 listed in WAC 170-290-0070;

     (9) VISTA volunteers, AmeriCorps, and Washington Service Corps (WSC) if the income is taxed;

     (10) Gross wages from employment or self-employment as defined in WAC 170-290-0003. Gross wages includes any wages that are taxable((. "Self-employment income" means a consumer's gross income from self-employment minus allowable business expenses in WAC 388-450-0085));

     (11) Corporate compensation received by or on behalf of the consumer, such as rent, living expenses, or transportation expenses;

     (12) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings; and

     (((12))) (13) Income for the sale of property as follows:

     (a) If a consumer sold the property before application, DSHS considers the proceeds an asset and does not count as income;

     (b) If a consumer sold the property in the month he or she applies or during his or her eligibility period, DSHS counts it as a lump sum payment as described in WAC 170-290-0065(2);

     (c) Property does not include small personal items such as furniture, clothes, and jewelry.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0060, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0060, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0060, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0060, filed 12/19/01, effective 1/19/02.]

     (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;

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

     (g))) Military housing and food allowance;

     (((h))) (g) The TANF grant for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

     (((i))) (h) Payments to the consumer from his or her employer for benefits such as medical plans;

     (((j))) (i) Earned income of a WCCC family member defined under WAC 170-290-0015(2);

     (((k))) (j) Income of consumers described in WAC 170-290-0005 (1)(c) through (i);

     (((l))) (k) Earned income from a minor child who DSHS counts as part of the consumer's WCCC household; and

     (((m))) (l) Benefits received by children of Vietnam War veterans who are diagnosed with any forms of manifestations of spina bifida except spina bifida occulta.

     (2) WCCC deducts the amount a consumer pays for child support under court order, division of child support administrative order, or tribal government order, from the consumer's other countable income when figuring his or her eligibility and copayment for the WCCC program.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0070, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0070, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0070, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0070, filed 12/19/01, effective 1/19/02.]

     (a) Determine the consumer's family size (under WAC 170-290-0015); and

     (b) Determine the consumer's countable income (under WAC 170-290-0065).

     (2) Before February 1, 2011, if the consumer's ((family's)) family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$50
(c) Above 137.5% of the FPG through ((200)) 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 44%, then adding $50
(d) Above ((200)) 175% of the FPG, a consumer is not eligible for WCCC benefits.

     (3) Effective February 1, 2011, through February 28, 2011, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$60
(c) Above 137.5% of the FPG through 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 44%, then adding $60
(d) Above 175% of the FPG, a consumer is not eligible for WCCC benefits.

     (4) On or after March 1, 2011, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$65
(c) Above 137.5% of the FPG through 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 50%, then adding $65
(d) Above 175% of the FPG, a consumer is not eligible for WCCC benefits.

     (5) DSHS does not prorate the copayment when a consumer uses care for part of a month.

     (((4))) (6) The FPG is updated every year on April 1. The WCCC eligibility level is updated at the same time every year to remain current with the FPG.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0075, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0075, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0075, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0075, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0075, filed 12/19/01, effective 1/19/02.]

     (a) A consumer who meets all of the requirements of part II of this chapter is eligible ((for)) to receive WCCC subsidies for six months before having to redetermine his or her income eligibility, except as provided in subsection (2) of this section. The six-month eligibility period in this subsection applies only if enrollments in the WCCC program are capped as provided in WAC 170-290-0001(1). Regardless of the length of eligibility, consumers are still required to report changes of circumstances to DSHS as provided in WAC 170-290-0031.

     (b) A consumer's eligibility may be for less than six months if:

     (i) Requested by the consumer; or

     (ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than six months.

     (c) A consumer's eligibility may end sooner than six months if:

     (i) The consumer no longer wishes to participate in WCCC; or

     (ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.

     (2) Twelve-month eligibility.

     (a) A consumer who meets all of the requirements of part II of this chapter, and has a child receiving services from head start (HS), early head start (EHS), or an early childhood education and assistance program (ECEAP), is eligible for WCCC subsidies for twelve months.

     (b) A consumer's eligibility may be for less than twelve months if:

     (i) Requested by the consumer; or

     (ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than twelve months.

     (c) The consumer's eligibility may end sooner than twelve months if:

     (i) The consumer no longer wishes to participate in WCCC; or

     (ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.

     (d) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.

     (e) The twelve-month eligibility period begins:

     (i)(A) When benefits begin under WAC 170-290-0095 ((for TANF consumers or WAC 170-290-0100 for consumers not receiving TANF)); or

     (B) Upon reapplication under WAC 170-290-0109(4) ((for TANF consumers or WAC 170-290-0109(5) for consumers not receiving TANF)); and

     (ii) When DSHS verifies that the child is receiving services from HS, EHS, or ECEAP.

     (f) The twelve-month eligibility continues regardless of whether the child continues to receive services from HS, EHS, or ECEAP.

     (g) During a consumer's twelve-month eligibility period, parent education and family development classes offered by HS, EHS, or ECEAP are approved activities. As funds are available, other DEL-approved parent education and family development classes may be authorized.

     (h) Each child who is receiving services from HS, EHS, or ECEAP and is receiving WCCC subsidies will be assigned a unique early learning student identifier. Student information may be merged with information from the office of superintendent of public instruction, the education research and data center, or both, to measure the child's educational progress from preschool through grade twelve.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2010 c 273, chapter 43.215 RCW, and 2006 c 265. 10-15-063 and 10-16-128, § 170-290-0082, filed 7/15/10 and 8/3/10, effective 9/1/10. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0082, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0082, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0082, filed 3/29/04 and 4/7/04, effective 5/28/04.]

     (a) The consumer's monthly income decreases;

     (b) The consumer's family size increases;

     (c) DSHS makes an error in the consumer's copayment computation;

     (d) The consumer did not report all income, activity and household information at the time of eligibility determination or application/reapplication;

     (e) The consumer is no longer eligible for the minimum copayment under WAC 170-290-0090;

     (f) DEL makes a mass change in benefits due to a change in law or program funding;

     (g) The consumer is approved for a new eligibility period; or

     (h) The consumer is approved for the fourteen-day wait period or twenty-eight-day gap period as provided in WAC 170-290-0055.

     (2) If a consumer's copayment changes during his or her eligibility period, the change is effective on the first day of the month following DSHS becoming aware of the change.

     (3) DSHS does not increase a consumer's copayment during his or her current eligibility period when his or her countable income remains at or below ((two hundred percent of the FPG)) the maximum eligibility limit as provided in WAC 170-290-0005, and:

     (a) The consumer's monthly countable income increases; or

     (b) The consumer's family size decreases.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0085, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0085, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0085, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0085, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0085, filed 12/19/01, effective 1/19/02.]

     (2) The consumer is participating in an approved activity under WAC 170-290-0040 or 170-290-0055.)) (1) WCCC benefits for an eligible consumer may begin when the following conditions are met:

     (a) The consumer has completed the required WCCC application and verification process as described under WAC 170-290-0012 within thirty days of the date DSHS received the consumer's application or reapplication for WCCC benefits;

     (b) The consumer is working or participating in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050 or 170-290-0055;

     (c) The consumer needs child care for work or approved activities within at least thirty days of the date of application for WCCC benefits; and

     (d) The consumer's eligible provider (under WAC 170-290-0125) is caring for his or her children.

     (2) If a consumer fails to turn in all information within thirty days from his or her application date, the consumer must restart the application process.

     (3) The consumer's application date is whichever is earlier:

     (a) The date the consumer's application is entered into DSHS's automated system; or

     (b) The date the consumer's application is date stamped as received.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0095, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0095, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0095, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0095, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0095, filed 12/19/01, effective 1/19/02.]

     (1) Withdraws his or her request;

     (2) Is not eligible due to the consumer's:

     (a) Family composition;

     (b) Income; or

     (c) Activity.

     (3) Did not provide information required to determine the consumer's eligibility according to WAC 170-290-0012;

     (4) If a consumer turns in information or otherwise meets eligibility requirements after DSHS sends the consumer a denial letter, DSHS determines the consumer's benefit begin date ((by:

     (a) WAC 170-290-0095 if the consumer is a TANF consumer; or

     (b) WAC 170-290-0100 if the consumer is not receiving TANF)) as provided in WAC 170-290-0095(3).

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0107, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0107, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0107, filed 3/29/04 and 4/7/04, effective 5/28/04.]

     (a) Requests ((application)) reapplication information before the end date of the consumer's current WCCC eligibility period; and

     (b) Verifies the requested information for completeness and accuracy.

     (2) A consumer may be eligible for WCCC benefits for a new eligibility period if:

     (a) DSHS receives the consumer's ((application)) reapplication information no later than the last day of the current eligibility period;

     (b) The consumer's provider is eligible for payment under WAC 170-290-0125; and

     (c) The consumer meets all WCCC eligibility requirements.

     (3) If DSHS determines that a consumer is eligible for WCCC benefits based on his or her ((application)) reapplication information, DSHS notifies the consumer of the new eligibility period and copayment.

     (4) When a ((TANF)) consumer submits ((an application)) a reapplication after the last day of his or her current eligibility period, the consumer's benefits begin ((when)):

     (((a) The consumer is participating in an approved TANF/WorkFirst activity; and

     (b) The consumer's child is being cared for by his or her eligible WCCC provider.

     (5) When a consumer who is not receiving TANF submits an application after the last day of his or her current eligibility period, his or her benefits begin:))

     (a) On the date that the consumer's ((application)) reapplication is date-stamped as received in DSHS's community service office (((CSO))) or entered into the ((CSO)) DSHS automated system, whichever date is earlier;

     (b) When the consumer is working or participating in an approved WorkFirst activity; and

     (c) The consumer's child is being cared for by his or her eligible WCCC provider.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0109, filed 10/28/09, effective 12/1/09.]

     (1) The consumer tells DSHS that he or she no longer wants WCCC; or

     (2) The ((consumer's whereabouts are unknown to DSHS;

     (3) The consumer is receiving duplicate child care benefits;

     (4) The consumer's current eligibility period is scheduled to end;

     (5) The consumer's new eligibility period results in a change in child care benefits;

     (6) The location where child care occurs does not meet requirements under WAC 170-290-0130; or

     (7) DSHS determines that a consumer's in-home/relative provider:

     (a) Is not of suitable character and competence;

     (b) May cause a risk of harm to the consumer's children based on the provider's physical or mental health; or

     (c) Has been convicted of, or has charges pending for crimes on the DEL director's list in WAC 170-06-0120)) consumer has not informed DSHS of his or her new mailing address.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0120, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0120, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0120, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0120, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0120, filed 12/19/01, effective 1/19/02.]

     (a) Eighteen years of age or older;

     (b) A citizen or legal resident of the U.S.; and

     (c) Meet all of the requirements listed in WAC 170-290-0135.

     (2) Additionally, eligible in-home/relative providers must:

     (a) Meet all applicable background check requirements in part II of this chapter;

     (b) Agree to provide care, supervision, and daily activities based on the child's developmental needs, including environmental, physical, nutritional, emotional, cognitive, safety, and social needs; and

     (c) Bill only for actual hours of care provided. Those hours must be authorized by DSHS, and used by the parent for his or her DSHS approved activities or work hours.

     (3) The following eligible in-home/relative providers, except those providers residing with a disqualified person, may provide care in either their home or the child's home:

     (a) Adult siblings that live outside the child's home;

     (b) Extended tribal family members;

     (c) Grandparent or great-grandparent; or

     (d) Aunt or uncle, or great-aunt or great-uncle.

     (4) All other eligible providers, including other family members, friends, neighbors, or nannies must provide care in the child's home only.

     (5) The following persons are not eligible to provide in-home/relative care under part II of this chapter:

     (a) The child's biological, adoptive, or step-parent;

     (b) The child's legal guardian or the guardian's spouse or live-in partner; or

     (c) Another adult acting in loco parentis or that adult's spouse or live-in partner.

     (6) WCCC consumers may have up to two in-home/relative providers authorized for payment during the consumer's eligibility period, plus one back-up provider, either licensed or in-home/relative also authorized to care for the consumer's children.

     (7) WCCC consumers who choose in-home/relative care are responsible to monitor the environment and child care services they receive from their provider. WCCC consumers must ensure that their children who receive subsidized child care outside of their own home are current on all Washington state immunizations, except in cases based on religious preference or medical conditions.

     (8) In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care.

[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0130, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0130, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0130, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0130, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0130, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0130, filed 12/19/01, effective 1/19/02.]

     (((a) Half-day care, which is less than one hundred ten hours per calendar month; and

     (b) Full-day care, which is one hundred ten or more hours per calendar month.

     (2) DSHS authorizes:))

     (a) Full-day child care to licensed or certified facilities and DEL contracted seasonal day camps when a consumer's children need care ((for)) between five ((or more)) and ten hours per day;

     (b) Half-day child care to licensed or certified facilities and DEL contracted seasonal day camps when a consumer's children need care for less than five hours per day;

     (c) Hourly child care for in-home/relative child care;

     (d) A registration fee (under WAC 170-290-0245);

     (e) A field trip fee (under WAC 170-290-0247);

     (f) Special needs care when the child has a documented need for a higher level of care (under WAC 170-290-0220, 170-290-0225, 170-290-0230, and 170-290-0235); and

     (g) A nonstandard hours bonus under WAC 170-290-0249.

     (((3))) (2) DSHS may authorize up to the provider's private pay rate if:

     (a) The parent is a WorkFirst participant; and

     (b) Appropriate child care, at the state rate, is not available within a reasonable distance from the home or work (activity) site.

     "Appropriate" means licensed or certified child care under WAC 170-290-0125, or an approved in-home/relative provider under WAC 170-290-0130.

     "Reasonable distance" is determined by comparing what other local families must travel to access appropriate child care.

     (((4))) (3) DSHS authorizes an additional amount of care if:

     (a) More than ten hours of care is provided per day (up to a maximum of sixteen hours a day); and

     (b) The provider's written policy is to charge all families for these ((extra)) hours of care in excess of ten hours per day.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0190, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0190, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. 06-12-094, § 388-290-0190, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0190, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0190, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0190, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0190, filed 12/19/01, effective 1/19/02.]

     (((a))) (1) Admission;

     (((b))) (2) Transportation (not to include the provider's gas and insurance); and

     (((c))) (3) The cost of hiring a nonemployee to provide an in-house field trip activity.

     (((2) The field trip fee can only be reimbursed for children three years of age and older.))

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0247, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0247, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0247, filed 3/29/04 and 4/7/04, effective 5/28/04.]

     The following section of the Washington Administrative Code is repealed:

WAC 170-290-0100

When WCCC benefits start for consumers not receiving TANF.

© Washington State Code Reviser's Office