WSR 15-24-039
PERMANENT RULES
DEPARTMENT OF
EARLY LEARNING
[Filed November 20, 2015, 4:47 p.m., effective December 21, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To add language to the existing provider eligibility rules that will prohibit license exempt, in-home/relative child care providers from receiving child care subsidy payments if the provider has a revoked child care license.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0130, 170-290-0135, and 170-290-0138.
Statutory Authority for Adoption: RCW 43.215.070, chapter 43.215 RCW.
Adopted under notice filed as WSR 15-19-168 on Septmer [September] 23, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 20, 2015.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)
WAC 170-290-0130 In-home/relative providersEligibility.
(1) To be eligible as an in-home/relative provider to care for children under WCCC, the applicant must be:
(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; or
(d) An individual who has a revoked child care license.
(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.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0135 In-home/relative providersInformation provided to DSHS.
(1) When a consumer chooses in-home/relative child care, the consumer and the provider must give DSHS the following information:
(a) The in-home/relative provider's legal name, address, and telephone number;
(b) A copy of the provider's valid Social Security card;
(c) A copy of the provider's photo identification;
(d) A completed, signed and dated background check form; and
(e) A completed WCCC application form, signed and dated by the consumer and the provider, in which they both attest that the provider is:
(i) Of suitable character and competence;
(ii) Of sufficient physical and mental health to be a safe child care provider and meet the needs of the children in care;
(iii) Able to work with the children without using corporal punishment or psychological abuse;
(iv) Able to accept and follow instructions;
(v) Able to maintain personal cleanliness;
(vi) Prompt and regular in job attendance; ((and))
(vii) Informed about basic health practices, prevention and control of infectious disease, and immunizations; and
(viii) Not an individual who has a revoked child care license.
(2) If DSHS requests it, the consumer and/or the provider must provide written medical or legal evidence that the in-home/relative provider is of sufficient physical and mental health to provide safe, reliable and developmentally appropriate child care services.
(3) When a consumer chooses in-home/relative child care, the provider must give DSHS information as to whether an individual sixteen years of age or older living with the provider is a registered sex offender.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0138 In-home/relative providersResponsibilities.
An in-home/relative provider must:
(1) Provide care, supervision, and daily activities based on the child's developmental needs;
(2) Report to DSHS within ten days any changes to their legal name, address or telephone number;
(3) Report to DSHS within twenty-four hours any pending charges or convictions they have;
(4) Report to DSHS within twenty-four hours any pending charges or convictions for anyone sixteen years of age and older who lives with the provider, including any person sixteen years of age or older who newly resides with the provider, when the provider cares for the child in the provider's home. Background checks must be completed for these persons as provided in WAC 170-290-0143;
(5) Report a revoked child care license;
(6) Bill only for actual hours of care provided. Those hours must be authorized by DSHS, and used by the consumer for his or her DSHS approved activities;
(((6))) (7) Bill for no more than six children at one time during the same hours of care;
(((7))) (8)(a) If paper attendance records are used, have the consumer sign and date the attendance records at least weekly, verifying the accuracy of the dates and times.
(b) Providers may use an electronic attendance system as provided in WAC 170-290-0139 to record attendance in lieu of a paper sign-in record.
(c) Providers must keep attendance records for five years documenting the days and hours of care provided;
(((8))) (9) Repay any overpayments under WAC 170-290-0268; and
(((9))) (10) Have at least one working telephone accessible in the home for incoming and outgoing calls during all times that subsidized child care is provided. The telephone must have 911 emergency services calling access.