PROPOSED RULES
EARLY LEARNING
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-13-059.
Title of Rule and Other Identifying Information: Chapter 170-290 WAC.
Hearing Location(s): Department of Early Learning (DEL), Tacoma office, Room 195, 1949 South State Street, Tacoma, WA 98405, on Tuesday, September 25, 2012, at 5:00 p.m.; and at the Northeast Washington Educational Services District 101, 4202 South Regal Street, Spokane, WA 99223, on Wednesday, September 26, 2012, at 5:00 p.m.
Individuals may arrive after the posted start time and still participate in these hearing[s]. However, the presiding officer may close the hearing if there are no public participants in attendance, or after all persons who indicated they wish to testify have done so. The public is encouraged to give input in writing:
The deadline for sending written comments on the proposed rules is midnight on Wednesday, September 26, 2012. See the "Submit Written Comments to" section of this notice about how to submit written input on this proposal.
DEL encourages the public to use of the department Facebook and DEL blog pages on the internet to post input about DEL programs and initiatives. However, for a written comment to be considered part of the official record for this proposal, the comment must be received at the on-line, e-mail, fax or postal mail locations as described in this notice under "Submit Written Comments to."
Everyone who comments on the proposed rules either in writing as provided in this notice or at a public hearing will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by writing to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, or by e-mailing Rules@del.wa.gov.
Date of Intended Adoption: Not earlier than September 25, 2012.
Submit Written Comments to: DEL, Rules Coordinator, P.O. Box 40970, Olympia, WA 98504, on-line at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 586-0533, by September 26, 2012.
Assistance for Persons with Disabilities: Contact DEL rules coordinator by September 24, 2012, (360) 725-4421.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement certain bills enacted by the 2012 legislature and signed by the governor:
| • | Regarding raising the cutoff of eligibility for working connections child care (WCCC) subsidies from one hundred seventy-five percent of the federal poverty level, to two hundred percent of the federal poverty level. |
| • | Regarding increasing the authorization period for WCCC from six months to twelve months. |
Reasons Supporting Proposal: DEL has been directed by the legislature to enact these changes as part of implementing SB 6226 and 3ESHB 2127. Additional corrections are being made regarding child support and the BFET for the welfare of the general public.
Statutory Authority for Adoption: RCW 43.215.060, and 43.215.070; chapter 43.215 RCW.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, DEL, Olympia, Washington, (360) 725-2629; Implementation: DSHS Field Offices and Call [Centers], statewide; and Enforcement: DSHS Field Offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to create new costs for child care businesses that would be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
August 21, 2012
Elizabeth M. Hyde
Director
OTS-4858.2
AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11,
effective 9/24/11)
WAC 170-290-0005
Eligibility.
(1) Parents. To be
eligible for WCCC, the person applying for benefits must:
(a) Have parental control of one or more eligible children;
(b) Live in the state of Washington;
(c) Be the child's:
(i) Parent, either biological or adopted;
(ii) Stepparent;
(iii) Legal guardian verified by a legal or court document;
(iv) Adult sibling or step-sibling;
(v) Nephew or niece;
(vi) Aunt;
(vii) Uncle;
(viii) Grandparent;
(ix) Any of the relatives in (c)(vi), (vii), or (viii) of this subsection with the prefix "great," such as great-aunt; 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;
(e) Comply with any special circumstances that might affect WCCC eligibility under WAC 170-290-0020;
(f) Have countable income at or below ((one)) two hundred
((seventy-five)) percent of the federal poverty guidelines
(FPG). The consumer's eligibility shall end if the consumer's
countable income is greater than ((one)) two 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: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0005, filed 8/24/11, effective 9/24/11. 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; or
(b) The consumer reapplies for benefits.
(2) A consumer must provide verification to DSHS to determine if he or she continues to qualify for benefits during his or her eligibility period when there is a change of circumstances under WAC 170-290-0031.
(3) All verification that is provided 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.
(4) If DSHS has reasonable cause to believe that the information 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 DSHS office of fraud and accountability (OFA) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).
(5) The verification that the consumer gives to DSHS includes, but is not limited to, the following:
(a) A current WorkFirst IRP for consumers receiving TANF;
(b) Employer name, address, and phone number;
(c) State business registration and license, if self-employed;
(d) Work, school, or training schedule (when requesting child care for non-TANF activities);
(e) Hourly wage or salary;
(f) Either the:
(i) Gross income for the last three months;
(ii) Federal income tax return for the preceding calendar year; or
(iii) DSHS employment verification form;
(g) Monthly unearned income the consumer receives, such as child support or Supplemental Security Income (SSI) benefits;
(h) If the other parent is in the household, the same information for them;
(i) Proof that the child belongs 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;
(j) ((Proof of child enrollment in a head start, early
head start or early childhood education and assistance program
for twelve-month eligibility;
(k))) Name and phone number of the licensed child care provider; and
(((l))) (k) For the in-home/relative child care provider,
a:
(i) Completed and signed criminal background check form;
(ii) Legible copy of the proposed provider's photo identification, such as a driver's license, Washington state identification, or passport;
(iii) Legible copy of the proposed providers' valid Social Security card; and
(iv) All other information required by WAC 170-290-0135.
(6) If DSHS requires verification from a consumer that costs money, DSHS must pay for the consumer's reasonable costs.
(7) DSHS does not pay for a self-employed consumer's state business registration or license, which is a cost of doing business.
(8) 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 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0012, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0012, filed 8/24/11, effective 9/24/11. 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) Notify DSHS, within five days, of any change in providers;
(2) Notify the consumer's provider within ten days when DSHS changes his or her child care authorization;
(3) Notify DSHS within ten days of any significant change
((in)) related to the consumer's copayment or eligibility,
including:
(a) The number of child care hours the consumer needs (more or less hours);
(b) The consumer's countable income, including any TANF grant or child support increases or decreases, only if the change would cause the consumer's countable income to exceed the maximum eligibility limit as provided in WAC 170-290-0005. A consumer may notify DSHS at any time of a decrease in the consumer's household income, which may lower the consumer's copayment under WAC 170-290-0085;
(c) The consumer's household size such as any family member moving in or out of his or her home;
(d) Employment, school or approved TANF activity (starting, stopping or changing);
(e) The address and telephone number of the consumer's in-home/relative provider;
(f) The consumer's home address and telephone number; and
(g) The consumer's legal obligation to pay child support;
(4) Report to DSHS, within twenty-four hours, any pending charges or conviction information the consumer learns about his or her in-home/relative provider; and
(5) Report to DSHS, within twenty-four hours, any pending charges or conviction information the consumer learns about anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0031, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. 11-01-090, § 170-290-0031, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0031, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0031, 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, § 388-290-0031, filed 3/29/04 and 4/7/04, effective 5/28/04.]
(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 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 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 175% of the FPG, a consumer is not eligible for WCCC benefits. |
| 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. |
| 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. |
| 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 200% of the FPG. | The dollar amount equal to subtracting 137.5% of the FPG from countable income, multiplying by 50%, then adding $65. |
| (d) Above 200% of the FPG, a consumer is not eligible for WCCC benefits. |
(((6))) (7) 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: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0075, filed 8/24/11, effective 9/24/11. 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 to receive WCCC subsidies
for ((six)) twelve months before having to redetermine his or
her income eligibility((, except as provided in subsection (2)
of this section)). The ((six-month)) twelve-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))) (2) A consumer's eligibility may be for less than
((six)) twelve months if:
(((i))) (a) Requested by the consumer; or
(((ii))) (b) A TANF consumer's individual responsibility
plan indicates child care is needed for less than ((six))
twelve months.
(((c))) (3) A consumer's eligibility may end sooner than
((six)) twelve months if:
(((i))) (a) The consumer no longer wishes to participate
in WCCC; or
(((ii))) (b) 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))) (4) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.
(((e))) (5) The twelve-month eligibility period begins:
(((i)(A))) (a) When benefits begin under WAC 170-290-0095; or
(((B))) (b) Upon reapplication under WAC 170-290-0109(4)((; 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: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0082, filed 8/24/11, effective 9/24/11. 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 provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table:
| Infants (One month - 11 mos.) |
Toddlers (12 - 29 mos.) |
Preschool (30 mos. - 5 yrs) |
School-age (5 - 12 yrs) | ||
| Region 1 | Full-Day Half-Day |
$28.53 $14.28 |
$23.99 $12.00 |
$22.67 $11.34 |
$21.34 $10.67 |
| Spokane County | Full-Day Half-Day |
$29.18 $14.61 |
$24.54 $12.28 |
$23.19 $11.61 |
$21.83 $10.91 |
| Region 2 | Full-Day Half-Day |
$28.81 $14.41 |
$24.05 $12.03 |
$22.30 $11.15 |
$19.73 $9.88 |
| Region 3 | Full-Day Half-Day |
$38.13 $19.07 |
$31.79 $15.89 |
$27.46 $13.73 |
$26.67 $13.34 |
| Region 4 | Full-Day Half-Day |
$44.38 $22.63 |
$37.06 $18.54 |
$31.09 $15.55 |
$28.00 $14.00 |
| Region 5 | Full-Day Half-Day |
$32.54 $16.26 |
$28.00 $14.00 |
$24.65 $12.32 |
$21.88 $10.95 |
| Region 6 | Full-Day Half-Day |
$31.99 $16.01 |
$27.46 $13.73 |
$23.99 $12.00 |
$23.46 $11.74 |
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.
(2) The child care center WAC 170-295-0010 allows
providers to care for children from one month up to and
including the day before their thirteenth birthday. The
provider must obtain a child-specific and time-limited
exception from their child care licensor to provide care for a
child outside the age listed on the center's license. If the
provider has an exception to care for a child who has reached
his or her thirteenth birthday, the payment rate is the same
as subsection (1) of this section, and the five ((to)) through
twelve year age range column is used for comparison.
(3) If the center provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited exception and the child must meet the special needs requirement according to WAC 170-290-0220.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0200, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0200, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0200, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0200, 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, § 388-290-0200, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0200, 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, § 388-290-0200, filed 12/19/01, effective 1/19/02.]
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table.
| Infants (Birth - 11 mos.) |
Enhanced Toddlers (12 - 17 mos.) |
Toddlers ( 18 - 29 mos.) |
Preschool (30 mos. - 5 yrs) |
School-age (5 - (( |
||
| Region 1 | Full-Day Half-Day |
$24.29 $12.14 |
$24.29 $12.14 |
$21.12 $10.56 |
$21.12 $10.56 |
$18.78 $9.39 |
| Spokane County | Full-Day Half-Day |
$24.84 $12.42 |
$24.84 $12.42 |
$21.60 $10.80 |
$21.60 $10.80 |
$19.21 $9.60 |
| Region 2 | Full-Day Half-Day |
$25.65 $12.82 |
$25.65 $12.82 |
$22.30 $11.15 |
$19.95 $9.97 |
$19.95 $9.97 |
| Region 3 | Full-Day Half-Day |
$34.03 $17.02 |
$34.03 $17.02 |
$29.33 $14.67 |
$25.81 $12.91 |
$23.46 $11.74 |
| Region 4 | Full-Day Half-Day |
$40.04 $20.03 |
$40.04 $20.03 |
$34.81 $17.42 |
$29.33 $14.67 |
$28.16 $14.08 |
| Region 5 | Full-Day Half-Day |
$26.99 $13.50 |
$26.99 $13.50 |
$23.46 $11.74 |
$22.30 $11.15 |
$19.95 $9.97 |
| Region 6 | Full-Day Half-Day |
$26.99 $13.50 |
$26.99 $13.50 |
$23.46 $11.74 |
$23.46 $11.74 |
$22.30 $11.15 |
(3) If the family home provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited exception and the child must meet the special needs requirement according to WAC 170-290-0220.
(4) DSHS pays family home child care providers at the
licensed home rate regardless of their relation to the
children (with the exception listed in subsection (5) of this
section). Refer to subsection (1) and the five ((to eleven))
through twelve year age range column for comparisons.
(5) DSHS cannot pay family home child care providers to provide care for children in their care if the provider is:
(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.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0205, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0205, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0205, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0205, 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, § 388-290-0205, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0205, 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, § 388-290-0205, filed 12/19/01, effective 1/19/02.]
(a) Level 1. The daily rate listed in the table below:
| Infants (One month - 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 |
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates;
(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour; or
(c) Level 3. A rate that exceeds $15.89 per hour.
(2) If a provider is requesting one-on-one supervision or direct care for the child with special needs the person providing the one-on-one care must:
(a) Be at least eighteen years of age; and
(b) Meet the requirements for being an assistant under chapter 170-295 WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.
(3) If the provider has an exception to care for a child who:
(a) Is thirteen years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS
authorizes the special needs payment rate as described in
subsection (1) of this section using the five ((to)) through
twelve year age range for comparison.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0225, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0225, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0225, 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, § 388-290-0225, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0225, 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, § 388-290-0225, filed 12/19/01, effective 1/19/02.]
(a) Level 1. The daily rate listed in the table below:
| Infants (Birth - 11 mos.) |
Toddlers (12 - 29 mos.) |
Preschool (30 mos. - 5 yrs) |
School-age
(5 - (( |
||
| 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 |
(c) Level 3. A rate that exceeds $15.89 per hour.
(2) If the provider has an exception to care for a child who:
(a) Is ((twelve)) thirteen years or older; and
(b) Has special needs according to WAC 170-290-0220, DSHS
authorizes the special needs payment rate as described in
subsection (1) of this section using the five ((to eleven))
through twelve year age range for comparison.
(3) If a provider is requesting one-on-one supervision/direct care for the child with special needs, the person providing the one-on-one care must:
(a) Be at least eighteen years old; and
(b) Meet the requirements for being an assistant under
chapter ((170-296)) 170-296A WAC and maintain daily records of
one-on-one care provided, to include the name of the employee
providing the care.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0230, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0230, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0230, 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, § 388-290-0230, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0230, 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, § 388-290-0230, filed 12/19/01, effective 1/19/02.]
OTS-4966.1
AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12,
effective 6/8/12)
WAC 170-290-0045
Approved activities for consumers not
participating in WorkFirst.
This section applies to
applicants and consumers of WCCC who do not participate in
WorkFirst activities:
(1) General requirements for employment ((or)),
self-employment, or Basic Food employment and training (BF
E&T) program. He or she may be eligible for WCCC benefits for
up to a maximum of sixteen hours per day, including travel,
study, and sleep time before or after a night shift, when he
or she is:
(a) Employed under WAC 170-290-0003; ((or))
(b) Self-employed under WAC 170-290-0003; or
(c) Participating in the BF E&T program under chapter 388-444 WAC.
(2) Special requirements for education ((and training)).
(a) An applicant or consumer who is under twenty-two years of age may be eligible for WCCC benefits for high school (HS) or general educational development (GED) program without a minimum number of employment hours.
(b) An applicant or consumer who is twenty-two years of age or older:
(i) May be eligible to receive the benefits under this subsection only once during his or her lifetime. In order to qualify for the general education and training benefits under this subsection, he or she must work either:
(A) Twenty or more hours per week of unsubsidized employment; or
(B) Sixteen or more hours per week in a paid federal or state work study program;
(ii) Is limited to up to twenty-four consecutive months of WCCC benefits for participation in:
(A) Adult basic education (ABE);
(B) English as a second language (ESL); or
(C) High school/general educational development (GED)
completion; ((or
(D) Food stamp employment and training program under chapter 388-444 WAC;)) and
(iii) Is limited to up to thirty-six consecutive months of WCCC benefits for participation in vocational education (Voc Ed). The vocational education program must lead to a degree or certificate in a specific occupation and be offered by the following accredited entities only:
(A) Public and private technical college or school;
(B) Community college; or
(C) Tribal college.
[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0045, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0045, filed 8/24/11, effective 9/24/11. 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.]
OTS-4921.1
AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12,
effective 6/8/12)
WAC 170-290-0060
Countable income.
DSHS counts income
as money an applicant or consumer earns or receives from:
(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 amounts:
(a) For applicants or consumers who are not receiving DSHS division of child support services, the amount as shown on a current court or administrative 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((;
(c) 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)).
(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;
(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
(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 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0060, filed 5/8/12, effective 6/8/12. Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0060, filed 8/24/11, effective 9/24/11. 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.]