WSR 97-23-014

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

(Public Assistance)

[Filed November 7, 1997, 4:07 p.m.]

Date of Adoption: November 7, 1997.

Purpose: Chapter 388-290 WAC implements a subsidized childcare program needed by low-income families with dependent children to become employed or maintain employment. These rules implement the mandate that eligible temporary assistance for needy families (TANF) families pay childcare copayments based on income and resources. This emergency amendment adds a critical program component concerning eligibility and copayments.

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-090.

Statutory Authority for Adoption: RCW 74.04.050 and 74.08.090.

Other Authority: EHB 3901, sections 401-404, chapter 58, Laws of 1997.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This change is essential for the program to fully comply with the intent of EHB 3901. Without this rule change, certain TANF recipients who have found new jobs will not be eligible for child care because their income will exceed the limits of eligibility. This may threaten their job status and/or the safety of their children.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

November 7, 1997

Merry A. Kogut, Manager

Rules and Policies Assistance Unit

AMENDATORY SECTION (Amending WSR 97-20-130, filed 10/1/97, effective 11/1/97)

WAC 388-290-090 Income eligibility and copayments. (1) The department determines income eligibility for subsidized child care by using the best available documentation of the subsidy unit's current and expected income.

(2) For three months after the TANF recipient starts a new job, the department disregards TANF income when the copayment is figured. The three-month period starts with the first month of employment.

(3) All consumers contribute to the subsidized child care cost by making monthly copayments, as follows:

(a) Ten dollars for subsidy units with total income at or below seventy-four percent of the Federal Poverty Level (FPL);

(b) Twenty dollars for subsidy unit with total income above seventy-four percent and up to one hundred percent of the FPL;

(c) Subsidy units with total income over one hundred percent of the FPL pay the greater of:

(i) Twenty dollars; or

(ii) Forty-seven percent of total income exceeding one hundred percent of the FPL.

(((3))) (4) The department shall calculate copayments:

(a) At the time of the initial eligibility determination or authorization;

(b) At least every six months, starting from the first month of eligibility;

(c) When monthly income increases one hundred dollars or more;

(d) When monthly income decreases; or

(e) When subsidy unit size increases or decreases.

(((4))) (5) The department authorizes subsidized child care for up to six months at a time.

(((5))) (6) The military family's housing and food allowance is counted as unearned income for the purposes of subsidized child care.