WSR 13-22-040
PERMANENT RULES
DEPARTMENT OF
EARLY LEARNING
[Filed October 31, 2013, 10:37 a.m., effective December 1, 2013]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To amend WAC 170-290-0190 WCCC authorized and additional payments—Determining units of care, to comply with section 3 (2)(c) of recently enacted 2SSB 5595, enrolled as chapter 337, Laws of 2013, effective date July 28, 2013, such that, effective December 1, 2013, parents who receive working connections child care benefits and participate in one hundred ten hours or more of approved work or related activities are eligible for full-time child care services.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0190.
Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070, chapter 43.215 RCW.
Adopted under notice filed as WSR 13-19-089 on September 18, 2013.
Changes Other than Editing from Proposed to Adopted Version: Added subsections stating that two hundred thirty child care hours will be authorized for in-home/relative providers when the consumer participates in one hundred ten or more hours of approved activities per month, and that otherwise the provider will be paid hourly. Instead of integrating the one hundred ten hour rule into the two existing subsections regarding half and full days, added a third subsection to describe full day authorizations when the consumer participates in one hundred ten hours or more of approved activities per month. Inserted language into the subsection detailing half day eligibility to clarify that it applies to consumers who do not participate in one hundred ten hours or more of approved activities per month. Replaced "approved work or related activities" with "approved activities." Specified that authorizing child care units when the consumer participate[s] in one hundred ten hours or more of approved activities per month is based on the consumer's approved activity schedule and the child's activity schedule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: October 31, 2013.
Elizabeth M. Hyde
Director
AMENDATORY SECTION (Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)
WAC 170-290-0190 WCCC authorized and additional payments—Determining units of care.
(1) DSHS may authorize and pay for the following child care hours:
(a) Full-day child care to licensed or certified facilities and DEL contracted seasonal day camps when a consumer's children need care between five and ten hours per day;
(b) Full-day child care to licensed or certified facilities and DEL contracted seasonal day camps when the consumer participates in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule and the child's activity schedule;
(c) 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 and the consumer does not participate in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule and the child's activity schedule;
(((c))) (d) Hourly child care for in-home/relative child care((;
(d))) as follows:
(i) Two hundred thirty hours for in-home/relative child care when the consumer participates in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule and the child's activity schedule;
(ii) Hourly child care when the consumer does not participate in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule and the child's activity schedule;
(e) A registration fee (under WAC 170-290-0245);
(((e))) (f) A field trip fee (under WAC 170-290-0247);
(((f))) (g) 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))) (h) A nonstandard hours bonus under WAC 170-290-0249.
(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.
(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 hours of care in excess of ten hours per day.