WSR 98-08-021

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed March 19, 1998, 4:16 p.m.]



Date of Adoption: March 19, 1998

Purpose: To amend WAC 388-290-010, 388-290-020, 388-290-025, 388-290-035, 388-290-050, and 388-290-090 in order to clarify and improve the operation of the working connections child care (WCCC) program for clients and field staff

Citation of Existing Rules Affected by this Order: Amending WAC 388-290-010, 388-290-020, 388-290-025, 388-290-035, 388-290-050, and 388-290-090

Statutory Authority for Adoption: RCW 74.04.050, 74.13.0903, and Public Law 104-193, Sections 407 and 605

Adopted under notice filed as WSR 98-03-083 on January 21, 1998

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 6, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 6, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Thirty-one days after filing.

March 19, 1998

Edith M. Rice, Chief

Office of Legal Affairs

SHS-2333:3

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



WAC 388-290-010  Subsidized child care--Purpose and income limit. The purpose of this program is to provide child care services necessary to assist families with dependent children to become or remain employed. The department may provide subsidized child care services to families with gross incomes at or below one hundred seventy-five percent of the Federal Poverty Level (FPL) adjusted for family size.



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-010, filed 10/1/97, effective 11/1/97. Statutory Authority: RCW 74.04.050 and 45 CFR 255.4(F). 95-23-028 (Order 3916), 388-290-010, filed 11/8/95, effective 12/9/95.]

SHS-2341:2

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



WAC 388-290-020  Subsidized child care--Definitions. Except as specified in this chapter, terms used under chapter 388-290 WAC shall have the same meaning as in the WorkFirst and TANF programs.

"Able" means an adult physically ((or)), mentally, and emotionally capable of caring for a child in a responsible manner.

"Adjusted earned income" means the gross earned income minus the average payroll and income tax paid at that income level.

"Available" means an adult able to provide care due to not participating in an approved WorkFirst activity and/or employment during the time child care is needed.

"Consumer," for the purposes of this chapter, means:

(1) A child's parent; or ((guardian who))

(2) Relative in WAC 388-215-1080 (Living in the home of a relative of specified degree--Nonparental relative defined), who:

(a) Has parental control; and

(b) Applies for, or receives subsidized child care services funded by the department.

"In-home/relative provider" means an unlicensed child care provider who is:

(1) One of the following adult relatives providing care in either the child's or relative's home:

(a) An adult sibling living outside the child's home; or

(b) A grandparent, aunt, uncle, first cousin, or great-grandparent, great-aunt, or great-uncle; and

(c) Not the child's biological, adoptive, or stepmother or stepfather.

(2) An adult friend or neighbor providing care in the child's own home; or

(3) An adult extended tribal family member as defined under chapter 74.15 RCW (Care of children, expectant mothers, developmentally disabled) who is providing care.

"Parent" for the purposes of this chapter, means a parent by blood, marriage, or adoption, or a legal guardian).

"Subsidy unit" for the purposes of this chapter, means child care assistance unit.

"Total income," for the purposes of this chapter, means the sum of adjusted earned income((, self-employment income,)) and unearned income.



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-020, filed 10/1/97, effective 11/1/97. Statutory Authority: RCW 74.04.050 and 45 CFR 255.4(F). 95-23-028 (Order 3916), 388-290-020, filed 11/8/95, effective 12/9/95.]



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 typographical 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.



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



WAC 388-290-025  Subsidy units and copayments. (1) Only individuals residing in the same household can be included in subsidy unit size.

(2) The minimum copayment is assessed for minor parents who are:

(a) Receiving TANF and living independently;

(b) The TANF head of household;

(c) Part of another TANF grant.

(3) The department can assess copayments above the minimum for:

(a) Related adults, other than spouses, and their respective child(ren). These are each separate subsidy units.

(b) Unmarried parents with a mutual child(ren). This is a single subsidy unit.

(c) Married parents with or without a mutual child(ren). This is a single subsidy unit.

(d) Married or unmarried parents and their mutual and nonmutual children, if there is at least one mutual child. This is a single subsidy unit.

(((d))) (e) Unmarried adults without a mutual child(ren). These are each separate subsidy units.

(((e))) (f) A non-TANF minor parent living independently. This is a single subsidy unit.

(((f))) (g) A child or minor parent living with a legally nonresponsible caretaker. This is a separate subsidy unit.

(4) Eligibility for subsidized child care ends when the consumer fails to pay, or arrange payment for, required copayment fees.

(5) The department reinstates the subsidy unit's eligibility for subsidized child care when back copayment fees are paid or satisfactory arrangements are made to make full payments.



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-025, filed 10/1/97, effective 11/1/97.]



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



WAC 388-290-035  Providers eligible for payment under the subsidized child care program. (1) A licensed child care provider must be licensed as required by chapter 74.15 RCW and chapters 388-73, 388-155 (Minimum licensing requirements for family child day care homes), ((and)) or 388-150 WAC (Minimum licensing requirements for child day care centers).

(2) Child care providers exempt from licensing but who must be certified by the department include:

(a) Tribal child care facilities meeting the requirements of tribal law;

(b) Child care facilities on a military installation;

(c) Child care facilities operated on public school property by a school district.

(3) In-home/relative providers are exempt from licensing and certification, but must be registered with the department and meet the requirements of WAC 388-15-170.



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-035, filed 10/1/97, effective 11/1/97.]



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



WAC 388-290-050  Eligible children and consumers under the subsidized child care program. (1) To be eligible for subsidized child care, the consumer must:

(a) Be a caretaker of one or more children; and

(b) Not care for their own child(ren) during the time child care is authorized, if the consumer is an employee of the child care facility to which the department has authorized payment.

(2) The department may authorize subsidized child care for a child between thirteen and nineteen years old if the child is:

(a) Under court supervision;

(b) Physically, mentally or emotionally incapable of self-care. This must be verified by a licensed medical practitioner or masters-level or above mental health professional.

(3) The department may authorize special needs child care for children under thirteen years old if the conditions in subsection (2)(b) of this section are met.

(4) TANF consumers in sanction are not eligible for subsidized child care unless child care is necessary to:

(a) Obtain or maintain employment;

(b) Enroll in, or maintain enrollment in, an approved WorkFirst activity; or

(c) Remove the sanction.

(((4))) (5) The child(ren) for whom the consumer applies must be a citizen or legally residing in the country.



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-050, filed 10/1/97, effective 11/1/97.]



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



WAC 388-290-090  Subsidized child care--Income eligibility ((and)), copayments rates, and when to calculate copayments. (1) The department determines income eligibility for subsidized child care as follows:

(a) By using the best available ((documentation)) evidence of the subsidy unit's current and expected income, except for income types in WAC 388-290-090 (1)(c);

(b) By counting:

(i) The military family's housing and food allowance as adjusted earned income;

(ii) A consumer's in-kind income as adjusted earned income.

(c) By exempting:

(i) Income types in WAC 388-218-1200 (Exempt income types), except for SSI income, which is counted, WAC 388-218-1210 (Exempt and disregarded income--educational assistance), 388-218-1220 (Disregarded income--Native American benefits), and 388-218-1230 (2) through (7) (Disregarded income types);

(ii) The earned income of a child, unless otherwise indicated in WAC 388-290-025(3); and

(iii) The TANF grant for the first three consecutive calendar months after the TANF consumer starts a new job. The first calendar month is the month in which the consumer starts employment. This exemption can be applied once every six months.

(2) 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) The department ((shall)) calculates 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, except as indicated in subsection (4) of this section; or

(e) When subsidy unit size ((increases or decreases)) changes.

(4) A consumer's copayment cannot decrease because of a reduction in the TANF grant due to a sanction.

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

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



[Statutory Authority: RCW 74.04.050 and 1997 c 58 401-404. 97-20-130, 388-290-090, filed 10/1/97, effective 11/1/97.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office