CHILDREN, YOUTH, AND FAMILIES

[Filed October 1, 2018, 4:15 p.m., effective October 1, 2018, 4:15 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Implement the federal requirement of second-tier eligibility (the flexibility at reapplication for working connections child care benefits to accommodate modest increase in family income eligibility that reasonably allows the family to continue accessing child care services without unnecessary disruption when the family is otherwise ineligible because the family income exceeds the state threshold of eighty-five percent of the state median income.

Citation of Rules Affected by this Order: Amending WAC 110-15-0109 Reapplication.

Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065; chapter 43.216 RCW.

Other Authority: 42 U.S.C. 9858 et seq.; 45 C.F.R. Part 98.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Continued receipt of federal funds for working connections child care is conditioned on the department of children, youth, and families, by October 1, 2018, establishing preservice and training requirements for the family, friends, and neighbors care providers, health and safety activities and practices during care, and the consequences of noncompliance.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 1, 2018.

AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)

WAC 110-15-0109Reapplication.

(1) ((If a consumer wants to receive))To request WCCC benefits be continued uninterrupted ((child care benefits for another))beyond the consumer's current eligibility period, the consumer must reapply for WCCC benefits with DSHS on or before the end of the current eligibility period. ((To determine if a consumer is eligible, DSHS:))

(2) Determination of the consumer's eligibility to receive uninterrupted WCCC benefits beyond the consumer's current eligibility period will be made pursuant to the eligibility rules contained in this chapter.

(a) ((Requests reapplication information))A consumer who reapplies on or before the end date of the ((consumer's)) current WCCC eligibility period may receive continued uninterrupted benefits through second tier eligibility if the((; 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 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

(3) Effective October 1, 2016, if a)) consumer's household has countable income greater than two hundred percent ((of the federal poverty guidelines (FPG))) but less than two hundred twenty percent of the federal poverty guidelines((FPG, the consumer may be eligible for a three-month eligibility period call Income Phase-Out. In determining eligibility for the Income Phase-Out period, the following rules apply:))(FPG).

(((a) All countable income must be)) (i) If the countable income is equal to or greater than ((two hundred percent of the FPG and less than)) two hundred twenty percent ((of the FPG. If the countable income is equal to or greater than two hundred twenty percent of the)) FPG, ((DSHS denies)) the reapplication((,))will be denied.

((DSHS applies all other eligibility criteria for a reapplication, with the exception of income as described above;

(d) DSHS calculates the consumer's copayment at two hundred percent of the FPG of countable household income;

(e) DSHS certifies the consumer for a three-month eligibility period;

(f) The consumer will need to reapply for a new twelve-month certification period if the consumer's household income falls below two hundred percent of the FPG during or at the end of the three-month Income Phase-Out period; and

(g) The consumer will not be eligible for a second, back-to-back Income Phase-Out period if the countable income of the consumer's household remains equal to or greater than two hundred percent of the FPG and less than two hundred twenty percent of the FPG at the end of the first three-month Income Phase-Out period.

(4) If DSHS determines that a consumer is eligible for WCCC benefits based on reapplication information, DSHS notiies the consumer of the new eligibility period and copayment.))

(ii) The copayment for a second tier eligible consumer will be determined at two hundred percent of the FPG of countable household income.

(((5) When))(3) If a consumer submits a reapplication after the last day of the current eligibility period and meets all WCCC eligibility requirements, the consumer's benefits will begin:

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

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

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.