WSR 02-01-135

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed December 19, 2001, 11:03 a.m. ]

Date of Adoption: December 11, 2001.

Purpose: Chapter 388-290 WAC, Working connections child care, to provide clarification of current rules and modify current rules including elimination of first cousins as eligible providers; military housing allowance and in-kind income are disregarded; study time for students may be authorized; child care provider rates; and establishes beginning and review eligibility dates.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-290-010 What is the purpose of the working connections child care program?, 388-290-015 What basic steps does the department take to decide if I'm eligible for WCCC?, 388-290-075 Who is a consumer in WCCC?, 388-290-125 What activities can the department pay WCCC for if I get a temporary aid for needy families (TANF) grant?, 388-290-150 What activities can the department pay WCCC for if I don't get a TANF grant?, 388-290-200 Can the department pay WCCC if I'm self-employed?, 388-290-270 Can the department authorize WCCC if I'm not working or in an approved activity right now?, 388-290-280 Can the department pay WCCC for activity fees or bonuses?, 388-290-300 Which children and consumers can and cannot get WCCC?, 388-290-350 If I'm in an approved activity, what are the steps the department takes to figure my WCCC copayment?, 388-290-375 How is the income that my family receives used in WCCC?, 388-290-400 What makes up a family in the WCCC program?, 388-290-450 What income does the department count in WCCC?, 388-290-475 What income does the department exempt in WCCC?, 388-290-500 What are the different kinds of income in WCCC the department uses to get my expected average monthly income?, 388-290-525 How does the department figure my expected average monthly income?, 388-290-600 How does the department figure my countable income, and what is countable income used for?, 388-290-650 How does the department figure my copayment, once my countable income is known?, 388-290-700 Does the department set the minimum copayment if I'm a minor parent?, 388-290-750 Are there other times when the department sets the minimum copayment?, 388-290-800 When does the department calculate copayments?, 388-290-850 What child care providers can the department pay under the WCCC program?, 388-290-854 When will the department not pay toward the cost of in-home/relative child care?, 388-290-858 Why do we review your in-home/relative provider's criminal background information?, 388-290-862 When is a criminal background check required?, 388-290-866 Where does the department get the criminal background information on the in-home/relative provider?, 388-290-870 What does the department do with the criminal background information on the in-home/relative provider?, 388-290-874 Will I be notified of the results of the criminal background information on my in-home/relative provider?, 388-290-878 Can I still use my chosen in-home/relative provider to care for my child(ren) if the provider has been convicted of a disqualifying crime?, 388-290-882 What convictions permanently disqualify my in-home/relative provider from being authorized by WCCC?, 388-290-886 Are there some crimes that require a set amount of time to pass before my in-home/relative provider may be authorized for WCCC?, 388-290-888 When can I ask the department to review the decision to deny authorization of my in-home/relative provider?, 388-290-900 When can the department establish a protective payee to pay my in-home/relative provider?, 388-290-905 What responsibilities does the department have under the WCCC program?, 388-290-910 What responsibilities do I have under the WCCC program?, 388-290-915 When do WCCC payments start?, 388-290-920 When does the department provide me with advance and adequate notice of WCCC payment changes?, 388-290-925 When don't advance and adequate notice rules apply?, 388-290-930 Under what circumstances does my eligibility for WCCC end?, 388-290-935 When might I be eligible for WCCC again?, 388-290-940 Do I have the right to request a hearing?, 388-290-945 Can I receive WCCC pending the outcome of a hearing?, and 388-290-950 When does the department collect overpayments?

Statutory Authority for Adoption: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules).

Adopted under notice filed as WSR 01-20-077 on October 1, 2001.

Changes Other than Editing from Proposed to Adopted Version: The following are changes (other than editorial changes) to the adopted chapter 388-290 WAC, Working connections child care, compared to proposed rules filed as WSR 01-20-077. Changes to individual WAC are noted as underlined additions and struck-through deletions, and in numerical order.

WAC 388-290-0005 Can I be Who is considered a consumer in for the WCCC program?

(2) In WCCC, an eligible consumer is one of the following individuals who has parental control of one or more children, applies for or receives WCCC, and is the child's:

(23) You

WAC 388-290-0010 What makes me eligible for WCCC benefits?

(5) ...is lower than the total DSHS maximum daily monthly rate payment for that type of care all children in the family who are eligible for subsidized care.

WAC 388-290-0015 How does the WCCC program determine my family size?


(2) If your household includes: We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year olds siblings of the children requiring care who are enrolled in approved secondary education or general equivalency diploma (GED) program. The eighteen year olds unless they are a parent themselves, until they turn nineteen, or complete HS/GED, whichever comes first.
(b) Siblings of the children requiring care Individuals who are up to twenty-one years of age and who are participating in an approved program through the school district's special education department under RCW 28A.155.0202. The individual participating in an approved program through RCW 28A.155.0202 up to twenty-one years of age, unless they are a parent themselves.

WAC 388-290-0020 When can I get WCCC benefits?

...(a) An employee of the same child care facility where your child is receiving care and you do not provide direct care for to...

WAC 388-290-0040 If I receive a temporary assistance for needy families (TANF) grant, when can might I receive be eligible for WCCC benefits?

...needy families (TANF) grant, you may receive be eligible for WCCC benefits for up to...

WAC 388-290-0045 Can I still get WCCC benefits iIf I don't get a temporary assistance for needy families (TANF) grant, when might I be eligible for WCCC benefits?

If you do not receive TANF Yyou may be eligible for WCCC benefits when you don't get TANF, for up to sixteen hours maximum per day for you're the hours of...

(2) ...if you are age twenty-one or younger.

(a) Age twenty-one or younger.; and

(b) Making at least satisfactory progress.

(3) Same-day job search if you are a TANF applicant;

(5) Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under chapter 388-310 WAC 388-310-1000, 388-310-1050, 388-310-1200, or 388-310-1800, and you are:

(a) Making progress that is satisfactory or better as defined by your program;

(ba) Working:

(cb) Participating in the educational program for no longer than thirty-six months.

(6) WCCC will may be approved for activities listed in WAC 388-290-0040 (3) through (5), when required needed.

WAC 388-290-0050 Can I get WCCC benefits if I'm self-employed?

...self-employed., if:

(1) If Yyou get TANF, and:

(a) You must have...

(2) If Yyou don't get TANF,: the number of hours of WCCC you can get will be calculated based on your self-employment earnings during the first six months of your WCCC eligibility. The number of hours of WCCC you can get is based on whichever is more:

(a) During the first six months of your WCCC eligibility, the number of hours of WCCC you can get will be calculated based on your self-employment earnings during the first six months of your WCCC eligibility. The number of hours of WCCC you can get is based on whichever is more:

(ai)

(bii)

(3b) ... on the lesser of subsections (2)(a)(i) or (b)(ii) of this section.

WAC 388-290-0055 Can the WCCC program authorize benefits if I'm not working or in an approved activity right now?

(2) ... or approved activity, and you meet all the following conditions:

WAC 388-290-0060 What income is counted when determining WCCC eligibility and copayments?

(8) ...not counted towards eligibility listed in (under WAC 388-290-0070);

(9) ......allowable business expenses in WAC 388-450-0085 (you will need to show the department your records which have all your business expenses and income); and...

WAC 388-290-0065 How does the WCCC program define and use my income?


(2) Lump sum payments received in the month of application or during your WCCC eligibility. We: Total monthly income.
(b) Divide the lump sum payment by twelve to come up with a monthly amount (We apply that amount to the month it was received and the remaining months of the current authorization period); and
(c) Add the any monthly lump sum amount to your expected average monthly income. We apply that amount to the month it was received and the remaining months of the current authorization period. Total monthly income.

WAC 388-290-0070 What income types and deductions are not counted when figuring my income eligibility and copayment for WCCC benefits?

(j) ... a WCCC family member who is not the consumer, and is defined

WAC 388-290-0075 What are the steps the WCCC program takes to figure my family's WCCC eligibility and copayment amount?

(1) Determine your family size (under WAC 388-290-01050015)

Above 82% of the FPL up to 137.5% of the FPL $20
Above 137.50 of the FPL - 225% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $20
Income above 225% of the FPL, you are not eligible for WCCC benefits.

WAC 388-290-0085 When might my WCCC copayment change?

(d) ... exemption under WAC 388-290-0070(h) or

(32) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

(23) copayment ((until the end of)) during your current eligibility period when your countable income remains eligible according to WAC 388-290-0075(3), at or below 225% of the FPL and:

(a) Your monthly countable income increases (to include lump sum payments); or

(3) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

WAC 388-290-0095 How does the WCCC program decide when my WCCC benefits begin I If I receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?

When you receive TANF, and are eligible for WCCC, your WCCC benefits begin when your eligible provider (under WAC 388-290-0125) begins is caring for your child and you have begun your approved activity under WAC 388-290-0040.:

(1) As described in WAC 388-290-0055(1); or

(2) When you have begun your approved activity under WAC 388-290-0040; and

(3) When your eligible provider begins caring for your child.

WAC 388-290-0100 When do WCCC benefits begin iIf I do not receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?

(1) When you do not receive TANF and are eligible for WCCC Y your benefits begin as described in WAC 388-290-0055(1) or the date you apply for WCCC if you do not receive TANF and these following requirements are met:

(c) Your eligible provider (under WAC 388-290-0125) is eligible (under WAC 388-290-0125) and caring for your child.

(3) ... from your application date you ... process. Your ... (12) of this section.

WAC 388-290-0105 What is the process for my WCCC review for reauthorization of my WCCC benefits?

(1) You are asked required to complete a review of your WCCC benefits before the end date of your current child care WCCC eligibility period. The WCCC program determines if you are still eligible by:

(a) Sending you a Requesting eligibility review notification thirty days information prior to the end date of your current WCCC authorization eligibility period; and

(b) Reviewing the requested information. when it is returned before the end of your current WCCC authorization.

(2) Your WCCC benefits may will resume continue without an interruption in benefits if:

(a) Your eligibility review information request is received no later than ten days after your previous authorization eligibility period ends;

(34) If you provide the requested review information to us more than ten days beyond your last eligibility period, you are determined eligible for WCCC and you: your request for WCCC is processed as a new application under WAC 388-290-0095 or 388-290-0100.

(a) Receive TANF, your benefit begin date is when:

(i) You begin your approved activity, and

(ii) Your eligible provider (under WAC 388-290-0125) is caring for your child.

(b) Do not receive TANF, your benefit begin date is the date:

(i) Your application is date stamped as received;

(ii) Your application is entered into our automated system as received or

(iii) Your eligible provider (under WAC 388-290-0125) is caring for your child, whichever is later.

WAC 388-290-0110 What circumstances might affect my on-going eligibility for the WCCC benefits and when might I be eligible again?

(a) ...acceptable copayment arrangements to pay the copayment are not made ...;

(c) ...requirements related to family size, income and approved activities.

WAC 388-290-0120 When doesn't advance and adequate notice of payment changes apply to me?

(5) ... not meet requirements under WAC 388-290-0130 (2) or (3);

WAC 388-290-0135 When I choose an in-home/relative provider, what information must I submit to receive WCCC benefits?

(3) A completed background inquiry form application; and

(e) ...provider that he/she their primary function while on duty is to provide child care. The in-home/relative child care provider will have the following responsibilities:

(i) ...child for whom the provider is responsible throughout the ...

(ii) ...who is under the in-home/relative child care provider's care.

WAC 388-290-0155 What happens after the WCCC program reviews my in-home/relative provider's criminal background information?

...60 or 388-290-0165 as follows and:

(2) Notify the parent you of the criminal background information and whether ...

WAC 388-290-0180 When are the WCCC program subsidy rates in this chapter effective?

DSHS child care subsidy rates ...on or after November 1, 1999 January 1, 2002 when a ...:

WAC 388-290-0190 What does the WCCC program pay for and when can the program pay more?

(i) A full day of child care is authorized to licensed/certified facilities when care is needed for 5 or more hours per day one hundred ten hours or more per month;

(ii) A half day of child care is authorized to licensed/certified facilities when care is needed for less than 5 hours per day one hundred ten hours per month; and...

(f) Special needs when the child has a documented need for a higher level of care...

WAC 388-290-0195 What Washington state counties are in which DSHS regions?

This entire text of this WAC is deleted.

WAC 388-290-0200 What daily rates does DSHS pay for child care in a licensed or certified child care center?

DSHS pays the lesser of the following to a licensed or certified child care center:

DSHS Maximum Child Care Subsidy Daily Rate for Licensed Child Care Centers


The rate table in 388-290-0200 in the proposed rules was deleted and replaced by the following table.


Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-age (5-12 yrs)
Region 1 Full-Day

Half-Day

$24.32

$12.16

$20.45

$10.23

$19.32

$9.66

$18.18

$9.09

Region 2 Full-Day

Half-Day

$24.55

$12.27

$20.50

$10.25

$19.00

$9.50

$16.82

$8.41

Region 3 Full-Day

Half-Day

$32.50

$16.25

$27.09

$13.55

$23.41

$11.70

$22.73

$11.36

Region 4 Full-Day

Half-Day

$37.82

$18.91

$31.59

$15.80

$26.50

$13.25

$23.86

$11.93

Region 5 Full-Day

Half-Day

$27.73

$13.86

$23.86

$11.93

$21.00

$10.50

$18.64

$9.32

Region 6 Full-Day

Half-Day

$27.27

$13.64

$23.41

$11.70

$20.45

$10.23

$20.00

$10.00

WAC 388-290-0205 What daily rates does DSHS pay for child care in a licensed or certified family child care home?

DSHS Maximum Child Care Subsidy Daily Rate for Licensed Family Child Care Homes


The rate table in 388-290-0205 in the proposed rules was deleted and replaced by the following table.


Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-

age (5-12 yrs)

Region 1 Full-Day

Half-Day

$20.00

$10.00

$18.00

$9.00

$18.00

$9.00

$16.00

$8.00

Region 2 Full-Day

Half-Day

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

$17.00

$8.50

Region 3 Full-Day

Half-Day

$29.00

$14.50

$25.00

$12.50

$22.00

$11.00

$20.00

$10.00

Region 4 Full-Day

Half-Day

$30.00

$15.00

$29.67

$14.83

$25.00

$12.50

$24.00

$12.00

Region 5 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

Region 6 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$20.00

$10.00

$19.00

$9.50

WAC 388-290-0210 When can my provider receive the WCCC program authorize the nonstandard hour child care bonus authorized?

The rate table in 388-290-0210 in the proposed rules was deleted and replaced by the following table.


DSHS Monthly Nonstandard Hour Bonus

Region 1 $80.00
Region 2 $78.00
Region 3 $97.00
Region 4 $109.00
Region 5 $87.00
Region 6 $84.00

WAC 388-290-0220 How does DSHS determine that my child qualifies for a special needs daily rate?

(4) Be 13 to 19 years old and be a dependent of the courts.

WAC 388-290-0225 What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified child care center?

...WAC 388-290-0405200 ...


The rate table in 388-290-0225 in the proposed rules was deleted and replaced by the following table.



Licensed Child Care Centers Special Needs Daily Rate


Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-age (5-12 yrs)
Region 1 Full-Day

Half-Day

$7.30

$3.65

$6.14

$3.07

$5.80

$2.90

$5.45

$2.73

Region 2 Full-Day

Half-Day

$7.36

$3.68

$6.15

$3.08

$5.70

$2.85

$5.05

$2.52

Region 3 Full-Day

Half-Day

$9.75

$4.88

$8.13

$4.06

$7.02

$3.51

$6.82

$3.41

Region 4 Full-Day

Half-Day

$11.35

$5.67

$9.48

$4.74

$7.95

$3.98

$7.16

$3.58

Region 5 Full-Day

Half-Day

$8.32

$4.16

$7.16

$3.58

$6.30

$3.15

$5.59

$2.80

Region 6 Full-Day

Half-Day

$8.18

$4.09

$7.02

$3.51

$6.14

$3.07

$6.00

$3.00

WAC 388-290-0230 What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified family child care home?

...under WAC 388-290-02005 and ...:


The rate table in 388-290-0230 in the proposed rules was deleted and replaced by the following table.


Licensed Family Child Care Homes Special Needs Bonus

Infants (Birth-11 mos.) Toddlers (12-29 mos.) Preschool (30 mos.-5 yrs) School-age (5-12 yrs)
Region 1 Full-Day

Half-Day

$6.00

$3.00

$5.40

$2.70

$5.40

$2.70

$4.80

$2.40

Region 2 Full-Day

Half-Day

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

$5.10

$2.55

Region 3 Full-Day

Half-Day

$8.70

$4.35

$7.50

$3.75

$6.60

$3.30

$6.00

$3.00

Region 4 Full-Day

Half-Day

$9.00

$4.50

$8.90

$4.45

$7.50

$3.75

$7.20

$3.60

Region 5 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

Region 6 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$6.00

$3.00

$5.70

$2.85

WAC 388-290-0235 What is the DSHS in-home/relative child care daily rate for children with special needs?

(1) DSHS authorizes special needs daily rates $2.06 an hour for in-home/relative child care for care of a child with special needs and the lesser of (under WAC 388-290-0240), plus whichever is greater of the following:

(12) The provider's reasonable documented additional cost associated with the care for that child with special needs; or

(23) Sixty-two cents per hour.

WAC 388-290-0245 When can the WCCC program pay authorize payment of fees for registration and/or special activities?

(1) ...providers initial and ongoing a registration fees once per calendar year up to of fifty dollars per child or the provider's usual fee, whichever is less only if the fees are:

(c) The registration fee may be paid authorized more than once per calendar year when:

(2) The WCCC program pays licensed or certified child care providers a monthly activity fees of twenty dollars per child or the provider's actual cost for the activity, whichever is less ...

(a) DSHS pays the lesser for activity fees;

(b) Twenty dollars per child per month; or

(c) The provider's usual activity fee for that activity.

WAC 388-290-0255 When can the WCCC program establish a protective payee to pay my in-home/relative provider?

The WCCC program establishes a protective payee to pay your in-home/relative provider when:

(1) You do not pay your in-home/relative child care provider your copayment and/or the entire amount the department sends you for in-home/relative child care;

(2) ...date; and you have not reported the WCCC warrant lost, stolen, or destroyed;

(3) You have not reported the WCCC warrant lost, stolen, or destroyed;

(43)

(54)

WAC 388-290-0260 Do I have the right to ask for a hearing about my WCCC benefits and how do I ask for one?

(2) Licensed or certified child care providers can request ...

(3) To request a hearing the consumer you or the licensed or certified provider:

(c) Makes the request Requests for a hearing must be made within ninety days of the date you receive this a decision is received.

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 51, Amended 0, Repealed 43.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 51, Amended 0, Repealed 43.

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 51, Amended 0, Repealed 43.
Effective Date of Rule: Thirty-one days after filing.

December 11, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

2962.13
NEW SECTION
WAC 388-290-0001   What is the purpose of the working connections child care program?   The purpose of working connections child care (WCCC) is to help families with children pay for child care to find jobs, keep their jobs, and get better jobs.

[]


NEW SECTION
WAC 388-290-0005   Who is considered a consumer for the WCCC program?   (1) If you apply for or receive WCCC, you are considered the consumer.

(2) In WCCC, an eligible consumer is one of the following individuals who has parental control of one or more children, and is the child's:

(a) Parent;

(b) Stepparent;

(c) Legal guardian;

(d) Adult sibling or step-sibling;

(e) Nephew or niece;

(f) Aunt;

(g) Uncle;

(h) Grandparent; or

(i) Any of the above relatives with the prefix great, such as great-aunt.

(3) You are not an eligible consumer when you:

(a) Are the only parent in the household; and

(b) Will be away from the home for more than thirty consecutive days.

[]


NEW SECTION
WAC 388-290-0010   What makes me eligible for WCCC benefits?   You may be eligible for WCCC benefits if:

(1) Your family is described under WAC 388-290-0015;

(2) You're participating in an approved activity under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(3) You and your children are eligible under WAC 388-290-0020;

(4) Your countable income, is at or below two hundred twenty-five percent of the Federal Poverty Level (FPL) (under WAC 388-290-0065); and

(5) Your share of the child care cost, called a copayment (under WAC 388-290-0075) is lower than the total DSHS maximum monthly payment for all children in the family who are eligible for subsidized care.

[]


NEW SECTION
WAC 388-290-0015   How does the WCCC program determine my family size?   The WCCC program determines your family size by reviewing those individuals who live together in the same household as follows:


(1) If you are: We count the following individuals as part of the family for WCCC eligibility:
(a) A single parent, including a minor parent living independently; You and your child(ren).
(b) Unmarried parents that have at least one mutual child; Both parents and all their children living in the household.
(c) Unmarried parents with no mutual children; Unmarried parents and their respective children are counted as separate WCCC families.
(d) Married parents; Both parents and all their children living in the household.
(e) Undocumented parents (all other family rules in this section apply); Both parents and all children, documented and undocumented, as long as the child needing care is a U.S. citizen or legally residing in the United States.
(f) A consumer as defined in WAC 388-290-0005 and you are not financially responsible for the child(ren); Only the child(ren) are counted as the WCCC family. The child(ren) and his/her income is counted for WCCC eligibility.
(g) A minor parent with children and live with a parent/guardian; Only the minor parent and the children.
(h) Family members who are temporarily out of the household because of employment requirements, such as the military (all other family rules in this section apply). This individual as part of the household.
(2) If your household includes: We count the following individuals as part of the family for WCCC eligibility:
(a) Eighteen year old siblings of the children requiring care who are enrolled in approved secondary education or general equivalency diploma (GED) program. The eighteen year olds unless they are a parent themselves, until they turn nineteen, or complete HS/GED, whichever comes first.
(b) Siblings of the children requiring care who are up to twenty-one years of age and who are participating in an approved program through the school district's special education department under RCW 28A.155.0202. The individual participating in an approved program through RCW 28A.155.0202 up to twenty-one years of age, unless they are a parent themselves.

[]


NEW SECTION
WAC 388-290-0020   When can I get WCCC benefits?   (1) Depending on your circumstances, or those of your child(ren), you might be eligible for WCCC if you are:

(a) An employee of the same child care facility where your child(ren) is receiving care and you do not provide direct care to your own child(ren) during the time WCCC is requested;

(b) In sanction status for temporary assistance for needy families (TANF), while you are in an activity needed to remove the sanction or employment;

(c) A parent in a two-parent family and one parent is not able or available to provide care for your child(ren) while one is working, looking for work, or preparing for work;

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

(ii) "Available" means able to provide care when they are not participating in an approved work activity under WAC 388-290-0040, 388-290-0045, and 388-290-0050 during the time you need child care.

(d) A married consumer described under WAC 388-290-0005 (1)(d) through (i). Only you or your spouse must be participating in activities under WAC 388-290-0040, 388-290-0045, or 388-290-0050.

(2) You might be eligible for WCCC if your child(ren) is legally residing in the country and is:

(a) Less than thirteen years of age; or

(b) Thirteen years of age and less than age nineteen, and:

(i) Has a verified special need, according to WAC 388-290-0220; or

(ii) Is under court supervision.

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NEW SECTION
WAC 388-290-0025   What rights do I have when I apply for or receive WCCC benefits?   When you apply for or receive WCCC benefits you have the right to:

(1) Be treated politely and fairly without regard to race, color, creed, religion, sex, presence of any sensory, mental or physical disability, sexual orientation, political affiliation, national origin, religion, age, gender, disability, or birthplace;

(2) Have an application accepted and acted upon within thirty days;

(3) Be informed, in writing, of your legal rights and responsibilities related to WCCC benefits;

(4) Only have your information shared with other agencies when required by federal or state regulations;

(5) Get a written notice, at least ten days before the department makes changes to lower or stop benefits except in WAC 388-290-0120;

(6) Ask for a fair hearing if you do not agree with the department about a decision.

(7) Ask a supervisor or administrator to review a decision or action affecting your benefits without affecting the right to a fair hearing;

(8) Have interpreter or translator service within a reasonable amount of time and at no cost to you;

(9) Be allowed to choose your provider as long as the provider meets the requirements in WAC 388-290-0125; and

(10) Refuse to speak to a fraud early detection (FRED) investigator from the division of fraud investigations. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. This request will not affect your eligibility for benefits.

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NEW SECTION
WAC 388-290-0030   What responsibilities do I have when I apply for or receive WCCC benefits?   When you apply for or receive WCCC benefits you have a responsibility to:

(1) Supply the department with information so we can determine your eligibility and authorize child care payments correctly;

(2) Choose a provider who meets requirements of WAC 388-290-0125 and make your own child care arrangements;

(3) Pay, or make arrangements to have someone pay, your WCCC copayment directly to your child care provider;

(4) Keep and provide when requested, accurate attendance records when you choose in-home/relative child care;

(5) Pay your in-home/relative provider the entire amount the department sends you for in-home/relative care;

(6) Require the in-home/relative provider to sign a receipt when you pay the provider. You must keep the receipts for one year for DSHS to review on request;

(7) Notify WCCC staff, within five days, of any change in providers;

(8) Notify your provider within ten days when we change your child care authorization;

(9) Provide notice to WCCC staff within ten days of any change in:

(a) The number of child care hours needed (more or less hours);

(b) Your household income to include TANF grant stops or starts;

(c) Your household size such as any family member moves in or out of your home;

(d) Employment, school or approved TANF activity (starting, stopping or changing);

(e) The address or phone number of your in-home/relative provider;

(f) Your home address or telephone number; or

(g) Your legal obligation to pay child support.

(10) Report to your child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about your in-home/relative provider.

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NEW SECTION
WAC 388-290-0035   What responsibilities does the WCCC program staff have?   The WCCC program staff are responsible to:

(1) Allow you to choose your provider as long as they meet the requirements in WAC 388-290-0125;

(2) Review your chosen in-home/relative provider's background information because the department:

(a) Wants you to have this information to help you:

(i) Make informed, safe, and responsible decisions about your child(ren)'s care provider; and

(ii) Reduce the risk of harm to children by caregivers that have been convicted of certain crimes.

(b) Does not pay for any of the cost of child care provided by individuals convicted of crimes listed in WAC 388-290-0160 or 388-290-0165.

(3) Authorize payments only to child care providers who allow you to see your children whenever they are in care;

(4) Only authorize payment when no adult in your WCCC family is "able or available" to care for your children (under WAC 388-290-0020).

(5) Inform you of:

(a) Your rights and responsibilities under the WCCC program at the time of application and eligibility review;

(b) The types of child care providers we can pay;

(c) The community resources that can help you select child care, when needed; and

(d) Any change in your copayment during the authorization period except under WAC 388-290-0120(4).

(6) Respond to you within ten days if you report a change of circumstance which affects your WCCC eligibility/copayment; and

(7) Provide prompt child care payments to your licensed or certified provider.

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NEW SECTION
WAC 388-290-0040   If I receive a temporary assistance for needy families (TANF) grant, when might I be eligible for WCCC benefits?   If you receive a temporary assistance for needy families (TANF) grant, you may be eligible for WCCC benefits for up to sixteen hours maximum per day for your hours of participation in the following:

(1) A WorkFirst activity under chapter 388-310 WAC;

(2) Employment or self-employment;

(3) Transportation time between the location of child care and your place of employment or approved activity;

(4) Up to ten hours per week of study time before or after regularly scheduled classes or up to three hours of study time per day when needed to cover time between classes for your approved activity; and

(5) Up to eight hours per day of sleep time when it is needed, such as if you work nights and sleep days.

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NEW SECTION
WAC 388-290-0045   If I don't get a temporary assistance for needy families (TANF) grant, when might I be eligible for WCCC benefits?   If you do not receive TANF, you may be eligible for WCCC benefits for up to sixteen hours maximum per day for the hours of your participation or enrollment in the following:

(1) Employment or self-employment under WAC 388-290-0050;

(2) Secondary education or general equivalency diploma (GED) program if you are age twenty-one or younger.

(3) Same-day job search if you are a TANF applicant;

(4) The food stamp employment and training program under chapter 388-444 WAC;

(5) Adult basic education (ABE), English as a second language (ESL), high school/GED, vocational education, or job skills training or other program under WAC 388-310-1000, 388-31-1050, 388-310-1200, or 388-310-1800, and you are:

(a) Working:

(i) Twenty or more hours per week; or

(ii) Sixteen or more hours per week in a work study job.

(b) Participating in the educational program for no longer than thirty-six months.

(6) WCCC may be approved for activities listed in WAC 388-290-0040 (3) through (5), when needed.

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NEW SECTION
WAC 388-290-0050   Can I get WCCC benefits if I'm self-employed?   You may be eligible for WCCC benefits for up to sixteen hours maximum per day when you're self-employed.

(1) If you get TANF:

(a) You must have an approved self-employment plan under chapter 388-310 WAC; and

(b) The amount of WCCC you get for self-employment is equal to the number of hours in your approved plan.

(2) If you don't get TANF:

(a) During the first six months of your WCCC eligibility, the number of hours of WCCC you can get will be calculated based on your self-employment earnings. The number of hours of WCCC you get is based on whichever is more:

(i) Your work hours reported in your business records; or

(ii) The average number of monthly hours equal to dividing your monthly self-employment income by the federal or state minimum wage (whichever minimum wage is lower).

(b) After the first six months, the number of hours of WCCC you can get each month is based on the lesser of subsections (2)(a)(i) or (ii) of this section.

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NEW SECTION
WAC 388-290-0055   Can the WCCC program authorize benefits if I'm not working or in an approved activity right now?   (1) The WCCC program can authorize WCCC payments for up to two weeks when you're waiting to enter an approved activity under WAC 388-290-0040 or 388-290-0045.

(2) We can authorize WCCC payments for up to four weeks if you experience a gap for reasons out of your control such as a layoff in employment, or approved activity, and:

(a) Your employment, or the approved activity, will resume within that period; or

(b) You're looking for another job and you received WCCC immediately before the gap in employment, or approved activity.

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NEW SECTION
WAC 388-290-0060   What income is counted when determining WCCC eligibility and copayments?   The WCCC program counts income as money you get from:

(1) A TANF grant, except when exempt under WAC 388-290-0070(9);

(2) Child support payments;

(3) Supplemental Security Income (SSI);

(4) Other Social Security payments, such as SSA and SSDI;

(5) Refugee assistance payments;

(6) Payments from the Veterans' Administration, disability payments, or payments from labor and industries (L&I);

(7) Unemployment compensation;

(8) Other types of income not listed in WAC 388-290-0070;

(9) Wages from employment or self-employment. "Self-employment income" means your gross income from self-employment minus allowable business expenses in WAC 388-450-0085; and

(10) Lump sums as money you get from a one-time payment such as back child support, an inheritance, or gambling winnings.

[]


NEW SECTION
WAC 388-290-0065   How does the WCCC program define and use my income?  


We consider ... ... To equal ...
(1) The sum of all income listed in WAC 388-290-0060. We: Your expected average monthly income.
(a) Determine the number of months it took your family to earn the income and divide the amount by those months to get an average monthly amount;
(b) Use the best available estimate of your family's current income when you don't have income history to make an accurate estimate of your future income; or
(c) Ask for evidence of your future income such as a letter from your employer.
(2) Lump sum payments received in the month of application or during your WCCC eligibility. We:
(a) Verify that any lump sum payment income presented to us is accurate;
(b) Divide the lump sum payment by twelve to come up with a monthly amount (we apply that amount to the month it was received and the remaining months of the current authorization period);
(c) Add any monthly lump sum amount to your expected average monthly income. Total monthly income.
(3) Your total monthly income minus any child support paid out (through a court order, division of child support administrative order, or tribal government order). Countable income. Your countable income is used to figure your initial and on-going eligibility and your copayment for WCCC.

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NEW SECTION
WAC 388-290-0070   What income types and deductions are not counted when figuring my income eligibility and for WCCC benefits?   (1) The WCCC program does not count the following income types when figuring your income eligibility and copayment:

(a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

(b) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

(c) Adoption support assistance and foster care payments;

(d) Reimbursements, such as an income tax refund;

(e) Diversion cash assistance and the early exit bonus;

(f) Income in-kind, such as working for rent;

(g) Military housing and food allowance;

(h) The TANF grant for the first three consecutive calendar months after you start a new job. The first calendar month is the month in which you start working;

(i) Payments to you by your employer for benefits such as medical plans;

(j) Earned income of a WCCC family member defined under WAC 388-290-0015(2).

(2) WCCC deducts the amount you pay for child support under court order, division of child support administrative order, or tribal government order, from your other income types when figuring your eligibility and co-pay for the WCCC program.

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NEW SECTION
WAC 388-290-0075   What are the steps the WCCC program takes to figure my family's WCCC eligibility and copayment amount?   The WCCC program takes the following steps to figure your WCCC income eligibility and copayment:

(1) Determine your family size (under WAC 388-290-0015); and

(2) Determine your countable income (under WAC 388-290-0065).

(3) If your family's countable monthly income falls within the range below, then your copayment is:


YOUR INCOME YOUR COPAYMENT is:
At or below 82% of the FPL $10
Above 82% of the FPL up to 137.5% of the FPL $20
Above 137.50 of the FPL - 225% of the FPL The dollar amount equal to subtracting 137.5% of FPL from countable income, multiplying by 44%, then adding $20
Income above 225% of the FPL, you are not eligible for WCCC benefits.

[]


NEW SECTION
WAC 388-290-0080   When does the WCCC program determine and review my eligibility and copayments?   (1) At the time you apply for WCCC; and

(2) At least every six months.

[]


NEW SECTION
WAC 388-290-0085   When might my WCCC copayment change?   (1) Once we have determined that you are eligible for WCCC benefits, your copayment could change when:

(a) Your activity changes under WAC 388-290-0040, 388-290-0045, or 388-290-0050;

(b) Your monthly income decreases;

(c) Your family size increases;

(d) You are no longer eligible for the three-month TANF grant exemption under WAC 388-290-0070(h) or the minimum copayment under WAC 388-290-0090.

(2) If your copayment changes during your eligibility period, the change is effective the first of the month following the change.

(3) We do not increase your copayment during your current eligibility period when your countable income remains at or below two hundred twenty-five percent of the FPL, and:

(a) Your monthly countable income increases; or

(b) Your family size decreases.

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NEW SECTION
WAC 388-290-0090   When do I pay the minimum copayment?   You will pay the minimum copayment when:

(1) Your countable monthly income is at or below eighty-two percent of the FPL;

(2) You are a minor parent, and:

(a) Receiving TANF; or

(b) Part of your parent's or relative's TANF grant.

(3) In the first full month following the month you get a job, if you get TANF at the time of application for WCCC; or

(4) The first month you receive WCCC, if you don't get TANF at the time of application for WCCC.

[]


NEW SECTION
WAC 388-290-0095   I receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?   When you receive TANF, and are eligible for WCCC, your benefits begin when your eligible provider (under WAC 388-290-0125) is caring for your child and you have begun your approved activity under WAC 388-290-0040.

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NEW SECTION
WAC 388-290-0100   If I do not receive temporary assistance for needy families (TANF) and I am determined eligible for WCCC, when do my benefits begin?   (1) When you do not receive TANF and are eligible for WCCC your benefits begin as described in WAC 388-290-0055(1) or the date you apply for WCCC and the following requirements are met:

(a) You have turned all your information in within thirty days of your application date;

(b) You meet all eligibility requirements; and

(c) Your eligible provider (under WAC 388-290-0125) is caring for your child(ren).

(2) Your application date is whichever is earlier:

(a) The date your application is date stamped as received; or

(b) The date your application is entered into our automated system as received.

(3) If you fail to turn in all your information within thirty days from your application date you must re-start your application process. Your benefits begin date will start as described in subsection (2) of this section.

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NEW SECTION
WAC 388-290-0105   What is the process for my WCCC review for reauthorization of my WCCC benefits?   (1) You are required to complete a review of your WCCC benefits before the end date of your current WCCC eligibility period. The WCCC program determines if you are still eligible by:

(a) Requesting on-going eligibility review information prior to the end date of your current WCCC eligibility period; and

(b) Reviewing the requested information.

(2) Your WCCC benefits may continue if:

(a) Your review eligibility information is received no later than ten days after your previous eligibility period ends;

(b) Your provider is eligible for payment under WAC 388-290-0125; and

(c) You are eligible for WCCC.

(3) If you are determined eligible for WCCC benefits based on your review information, the program will notify you of continued benefits.

(4) If you provide the requested review information to us more than ten days beyond your last eligibility period, you are determined eligible for WCCC and you:

(a) Receive TANF, your benefit begin us when:

(i) You begin your approved activity, and

(ii) Your eligible provider (under WAC 388-290-0125) is caring for your child.

(b) Do not receive TANF, your benefit begin date is the date your:

(i) Application is date stamped as received;

(ii) Application is entered into our automated system as received; or

(iii) Eligible provider (under WAC 388-290-0125) is caring for your child; whichever is later.

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NEW SECTION
WAC 388-290-0110   What circumstances might affect my on-going eligibility for the WCCC benefits and when might I be eligible again?   (1) Your eligibility for WCCC stops when you:

(a) Do not pay copayment fees assessed by the department and mutually acceptable arrangements to pay the copayment are not made with your child care provider;

(b) Do not complete the requested review information before the deadline noted in WAC 388-290-0105 (2)(a); or

(c) Do not meet other WCCC eligibility requirements related to family size, income and approved activities.

(2) You might be eligible for WCCC again when you meet all WCCC eligibility requirements, and:

(a) Back copayment fees are paid; or

(b) Mutually acceptable payment arrangements are made with your child care provider(s).

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NEW SECTION
WAC 388-290-0115   When does the WCCC program provide me with advance and adequate notice of payment changes?   (1) The WCCC program provides you with advance and adequate notice for changes in payment when the change results in a suspension, reduction, termination, or forces a change in child care arrangements, except as noted in WAC 388-290-0120.

(2) "Advance and adequate notice," means a written notice of a WCCC reduction, suspension, or termination that is mailed at least ten days before the date of the intended action which includes the Washington Administrative Code (WAC) supporting the action, and your right to request a fair hearing.

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NEW SECTION
WAC 388-290-0120   When doesn't advance and adequate notice of payment changes apply to me?   The WCCC program does not give you advance and adequate notice in the following circumstances:

(1) You tell the department you no longer want WCCC;

(2) Your whereabouts are unknown to the department;

(3) You are receiving duplicate child care benefits;

(4) Your new authorization period results in a change in child care benefits;

(5) The location where child care occurs does not meet requirements under WAC 388-290-0130 (2) or (3); or

(6) The department determines your in-home/relative provider:

(a) Is not of suitable character and competence;

(b) May cause a risk of harm to your child(ren) based on the provider's physical, emotional or mental health; or

(c) Has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165.

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NEW SECTION
WAC 388-290-0125   What child care providers can I choose under the WCCC program?   To receive payment under the WCCC program, your child care provider must be:

(1) Licensed as required by chapter 74.15 RCW;

(2) Meeting their states licensing regulations, for providers who care for children in states bordering Washington. DSHS pays the lesser of the following to licensed or certified child care facilities in bordering states:

(a) The provider's usual daily rate for that child; or

(b) The DSHS maximum child care subsidy daily rate for the DSHS region where the child resides.

(3) Exempt from licensing but certified by the department, such as:

(a) Tribal child care facility that meet the requirements of tribal law;

(b) Child care facilities on a military installation; or

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

(4) An in-home/relative provider meeting the requirements in WAC 388-290-0130.

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NEW SECTION
WAC 388-290-0130   What in-home/relative providers can I choose under the WCCC program?   (1) To be authorized as an in-home/relative provider under the WCCC program, your in-home/relative provider must be a U.S. citizen or legally residing in the country, meet the requirements in WAC 388-290-0135 and must:

(a) Complete and submit a criminal background inquiry form prescribed by the department; and

(b) Not be disqualified based on information in WAC 388-290-0140 (3) or (4).

(2) A relative provider must be one of the following adult relatives providing care in the home of either the child or the relative;

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

(b) An extended tribal family member under chapter 74.15 RCW; or

(c) A grandparent, aunt, uncle, or great-grandparent, great-aunt or great-uncle.

(3) A nonrelative provider may be an adult friend or neighbor and must provide care in the child's own home.

(4) The in-home/relative provider may not be the child's biological, adoptive, or step-parent.

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NEW SECTION
WAC 388-290-0135   When I choose an in-home/relative provider, what information must I submit to receive WCCC benefits?   When you choose in-home/relative child care, you must submit the following and complete certain forms:

(1) The in-home/relative child care provider's name and address; and

(2) A copy of the provider's valid Social Security Number and photo identification to the department;

(3) A completed background inquiry application; and

(4) A completed form which makes the following assurances:

(a) The provider is:

(i) Of suitable character and competence;

(ii) Of sufficient physical, emotional, and mental health to meet the needs of the child in care. If requested by the department, the parent(s) must provide written evidence that the in-home child care provider of the parent's choice is of sufficient physical, emotional, and mental health to be a safe child care provider;

(iii) Able to work with the child without using corporal punishment or psychological abuse;

(iv) Able to accept and follow instructions;

(v) Able to maintain personal cleanliness; and

(vi) Prompt and regular in job attendance.

(b) The child is current on the immunization schedule as described in the National Immunization Guidelines, developed by the American Academy of Pediatrics and the Advisory Committee on Immunization Practices;

(c) The home where care is provided is safe for the care of the child; and

(d) The in-home/relative child care provider is informed about basic health practices, prevention and control of infectious disease, immunizations, and home and physical premises safety relevant to the care of the child.

(e) As the WCCC consumer, you will instruct the in-home/relative child care provider that he/she will have the following responsibilities:

(i) Provide constant care and supervision of the child throughout the arranged time of care in accordance with the needs of the child; and

(ii) Provide developmentally appropriate activities for the child.

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NEW SECTION
WAC 388-290-0140   When does the WCCC program not pay for the cost of in-home/relative child care?   The WCCC program will not pay for the cost of in-home/relative care if:

(1) Your in-home/relative provider does not meet the requirements in WAC 388-290-0130 or 388-290-0135;

(2) You fail to submit a completed criminal background inquiry form or the provider's Social Security card and photo identification to the department;

(3) We determine your in-home/relative provider is not of suitable character and competence or of sufficient physical, emotional or mental health to meet the needs of the child in care, or the household may be at risk of harm by this provider, as indicated by information other than conviction information; or

(4) Your in-home/relative provider has been convicted of, or has charges pending for crimes listed in WAC 388-290-0160 or 388-290-0165.

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NEW SECTION
WAC 388-290-0145   When is my provider's criminal background check required and will I be notified of the results?   (1) The department requires the criminal background check for each in-home/relative provider under chapter 74.15 RCW:

(a) When you request WCCC payments for a new in-home/relative provider:

(b) Every two years for existing in-home/relative providers; or

(c) When the department has a valid reason to do a criminal background check more frequently.

(2) You will receive notice telling you whether or not the department is able to authorize WCCC payment.

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NEW SECTION
WAC 388-290-0150   Where does the WCCC program get the criminal background information on the in-home/relative provider?   The WCCC program gets criminal background information from available sources such as:

(1) The Washington state patrol under chapter 10.97 RCW;

(2) Other states and federally recognized Indian tribes;

(3) Reports from credible community sources that indicate a need to investigate another state's records; and

(4) Disclosure by the in-home/relative provider.

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NEW SECTION
WAC 388-290-0155   What happens after the WCCC program reviews my in-home/relative provider's criminal background information?   After the WCCC program receives the in-home/relative provider's criminal background information we compare the criminal background information including pending charges with convictions listed in WAC 388-290-0160 or 388-290-0165 and:

(1) Determine if the in-home/relative provider's criminal background contains information that will not allow the authorization of payment for part of the cost of WCCC using the following rules:

(a) A pending charge for a crime is given the same weight as a conviction;

(b) If the conviction has been renamed it is given the same weight as the previous named conviction. For example, larceny is now called theft; and

(c) Convictions whose titles are preceded with the word "attempted" are given the same weight as those titles without the word "attempted."

(2) Notify whether or not the department is able to authorize payment for part of the cost of care;

(3) Deny or stops payment for part of the cost of care by this in-home/relative provider, when the criminal background information disqualifies the in-home/relative provider; and

(4) Assist you in finding other child care arrangements.

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NEW SECTION
WAC 388-290-0160   What convictions permanently disqualify my in-home/relative provider from being authorized by the WCCC program?   If your provider has been convicted of any crime listed in WAC 388-006-0170, the provider is permanently disqualified as an in-home/relative child care provider for WCCC.

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NEW SECTION
WAC 388-290-0165   Are there other convictions that will disqualify my in-home/relative provider?   (1) If your provider has been convicted within the last five years of any crime listed in WAC 388-006-0180, your provider is disqualified as an in-home/relative child care provider for WCCC.

(2) If your provider has a conviction listed in WAC 388-06-0180 and it has been more than five years, the department will review the provider's background to determine character, suitability, and competence by reviewing:

(a) The amount of time that has passed since the conviction;

(b) The seriousness of the crime that led to the conviction;

(c) The provider's age at the time of conviction;

(d) The number and types of convictions in the provider's background; and

(e) Documentation indicating you have successfully completed all court-ordered programs and restitution.

(3) If your provider has a conviction other than those listed in WAC 388-06-0170 or 388-006-0180 the department will review the provider as described in (2)(a) through (d) above.

(4) The crime will not be considered a conviction for the purposes of WCCC when it has been pardoned or a court of law acts to expunge or vacate the conviction record.

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NEW SECTION
WAC 388-290-0180   When are the WCCC program subsidy rates in this chapter effective?   DSHS child care subsidy rates in this chapter are effective on or after January 1, 2002 when a family:

(1) Has a household change that requires their authorization to be updated;

(2) Is newly authorized to receive child care subsidies; or

(3) Is reauthorized to continue receiving child care subsidies.

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NEW SECTION
WAC 388-290-0185   How does the WCCC program set rates when my child is five years old?   The rate paid for a five year old child is:

(1) The preschool rate for a child who has not entered kindergarten; or

(2) The school-age rate for a child who has entered kindergarten.

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NEW SECTION
WAC 388-290-0190   What does the WCCC program pay for and when can the program pay more?   (1) The WCCC program pays for:

(a) Basic child care hours, either full day, half day or hourly:

(i) A full day of child care is authorized to licensed/certified facilities when care is needed for five or more hours per day;

(ii) A half day of child care is authorized to licensed/certified facilities when care is needed for less than five hours per day; and

(iii) Hourly child care is authorized when the provider is an in-home/relative.

(b) A registration fee (under WAC 388-290-0245);

(c) An activity fee (under WAC 388-290-0245);

(d) Care for nonstandard hours (under WAC 388-290-0210 and 388-290-0215);

(e) An infant bonus (under WAC 388-290-0250); and

(f) Special needs when the child has a documented need for higher level of care (under WAC 388-290-0220, 388-290-0225, 388-290-0230, and 388-290-0235).

(2) We pay more than the basic child care subsidy daily rate if:

(a) Care is not available at the DSHS daily rate within a reasonable distance then the provider's usual daily rate is authorized; or

(b) Care is over ten hours per day then an additional amount of care is authorized.

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NEW SECTION
WAC 388-290-0200   What daily rates does DSHS pay for child care in a licensed or certified child care center?   DSHS pays the lesser of the following to a licensed or certified child care center:

(1) The provider's usual daily rate for that child; or

(2) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.


Infants

(Birth - 11 mos.)

Toddlers

(12 - 29 mos.)

Preschool

(30 mos. - 5 yrs)

School-age (5 - 12 yrs)
Region 1 Full-Day

Half-Day

$24.32

$12.16

$20.45

$10.23

$19.32

$9.66

$18.18

$9.09

Region 2 Full-Day

Half-Day

$24.55

$12.27

$20.50

$10.25

$19.00

$9.50

$16.82

$8.41

Region 3 Full-Day

Half-Day

$32.50

$16.25

$27.09

$13.55

$23.41

$11.70

$22.73

$11.36

Region 4 Full-Day

Half-Day

$37.82

$18.91

$31.59

$15.80

$26.50

$13.25

$23.86

$11.93

Region 5 Full-Day

Half-Day

$27.73

$13.86

$23.86

$11.93

$21.00

$10.50

$18.64

$9.32

Region 6 Full-Day

Half-Day

$27.27

$13.64

$23.41

$11.70

$20.45

$10.23

$20.00

$10.00

[]


NEW SECTION
WAC 388-290-0205   What daily rates does DSHS pay for child care in a licensed or certified family child care home?   DSHS pays the lesser of the following to a licensed or certified child care center:

(1) The provider's usual daily rate for that child; or

(2) The DSHS maximum child care subsidy daily rate for that child as listed in the following table.


Infants

(Birth - 11 mos.)

Toddlers

(12 - 29 mos.)

Preschool

(30 mos. - 5 yrs)

School-age (5 - 12 yrs)
Region 1 Full-Day

Half-Day

$20.00

$10.00

$18.00

$9.00

$18.00

$9.00

$16.00

$8.00

Region 2 Full-Day

Half-Day

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

$17.00

$8.50

Region 3 Full-Day

Half-Day

$29.00

$14.50

$25.00

$12.50

$22.00

$11.00

$20.00

$10.00

Region 4 Full-Day

Half-Day

$30.00

$15.00

$29.67

$14.83

$25.00

$12.50

$24.00

$12.00

Region 5 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$19.00

$9.50

$17.00

$8.50

Region 6 Full-Day

Half-Day

$22.00

$11.00

$20.00

$10.00

$20.00

$10.00

$19.00

$9.50

[]


NEW SECTION
WAC 388-290-0210   When can the WCCC program authorize the nonstandard hour child care bonus?   (1) DSHS authorizes nonstandard hour child care bonus when fifteen or more hours of care are needed per month, that are:

(a) Before 6:00 a.m. or after 6:00 p.m. Monday through Friday; and/or

(b) Any time on Saturday or Sunday.

(2) DSHS authorizes the nonstandard hour bonus (NSB) to licensed or certified child care providers as follows:

(a) The DSHS maximum child care subsidy daily rate or the provider's usual daily rate for that child, whichever is less; and

(b) The monthly nonstandard hour bonus listed below.


DSHS Monthly Nonstandard Hour Bonus
Region 1

Region 2

Region 3

Region 4

Region 5

Region 6

$80.00

$78.00

$97.00

$109.00

$87.00

$84.00

(3) The provider may claim the NSB when less than fifteen hours of care is provided only when:

(a) The provider held a space for the child during NSB hours; and

(b) The child was scheduled to attend.

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NEW SECTION
WAC 388-290-0220   How does DSHS determine that my child qualifies for a special needs daily rate?   To qualify for the DSHS child care programs special needs subsidy daily rate my child must:

(1) Be under nineteen years old;

(2) Have a verified physical, mental, emotional, or behavioral condition that requires a higher level of care; and

(3) Have their condition and need for higher level of care verified by an individual who is:

(a) Not employed by the child care facility; and

(b) A health, mental health, education or social service professional with at least a master's degree; or

(c) A registered nurse.

(4) Be thirteen to nineteen years old and be a dependent of the courts.

[]


NEW SECTION
WAC 388-290-0225   What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified child care center?   DSHS authorizes special needs daily rates to licensed or certified child care centers under WAC 388-290-0200 and whichever of the following is greater:

(1) The provider's reasonable documented additional cost associated with the care of the child; or

(2) The daily rate listed in the table below.

Infants

(Birth - 11 mos.)

Toddlers

(12 - 29 mos.)

Preschool

(30 mos. - 5 yrs)

School-age (5 - 12 yrs)
Region 1 Full-Day

Half-Day

$7.30

$3.65

$6.14

$3.07

$5.80

$2.90

$5.45

$2.73

Region 2 Full-Day

Half-Day

$7.36

$3.68

$6.15

$3.08

$5.70

$2.85

$5.05

$2.52

Region 3 Full-Day

Half-Day

$9.75

$4.88

$8.13

$4.06

$7.02

$3.51

$6.82

$3.41

Region 4 Full-Day

Half-Day

$11.35

$5.67

$9.48

$4.74

$7.95

$3.98

$7.16

$3.58

Region 5 Full-Day

Half-Day

$8.32

$4.16

$7.16

$3.58

$6.30

$3.15

$5.59

$2.80

Region 6 Full-Day

Half-Day

$8.18

$4.09

$7.02

$3.51

$6.14

$3.07

$6.00

$3.00

[]


NEW SECTION
WAC 388-290-0230   What is the DSHS child care subsidy daily rate for children with special needs in a licensed or certified family child care home?   DSHS authorizes special needs daily rates to licensed or certified child care centers under WAC 388-290-0205 and whichever of the following is greater:

(1) The provider's reasonable documented additional cost associated with the care of the child; or

(2) The daily rate listed in the table below.


Infants

(Birth - 11 mos.)

Toddlers

(12 - 29 mos.)

Preschool

(30 mos. - 5 yrs)

School-age (5 - 12 yrs)
Region 1 Full-Day

Half-Day

$6.00

$3.00

$5.40

$2.70

$5.40

$2.70

$4.80

$2.40

Region 2 Full-Day

Half-Day

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

$5.10

$2.55

Region 3 Full-Day

Half-Day

$8.70

$4.35

$7.50

$3.75

$6.60

$3.30

$6.00

$3.00

Region 4 Full-Day

Half-Day

$9.00

$4.50

$8.90

$4.45

$7.50

$3.75

$7.20

$3.60

Region 5 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$5.70

$2.85

$5.10

$2.55

Region 6 Full-Day

Half-Day

$6.60

$3.30

$6.00

$3.00

$6.00

$3.00

$5.70

$2.85

[]


NEW SECTION
WAC 388-290-0235   What is the DSHS in-home/relative child care daily rate for children with special needs?   (1) DSHS authorizes two dollars and six cents an hour for in-home/relative child care for care of a child with special needs and the lesser of:

(2) The provider's reasonable documented additional cost associated with the care for that child with special needs; or

(3) Sixty-two cents per hour.

[]


NEW SECTION
WAC 388-290-0240   What is the DSHS child care subsidy rate for in-home/relative child care and how is it paid?   (1) The maximum the WCCC program pays for child care provided by an in-home/relative provider is the lesser of the following:

(a) Two dollars and six cents per hour for the child who needs the greatest number of hours of care and one dollar and three cents per hour for the care of each additional child in the family; or

(b) The provider's usual daily rate for that care.

(2) The WCCC program may pay above the maximum daily rate for children who have special needs under WAC 388-290-0235.

(3) When care is provided by an in-home/relative provider, the WCCC programs pays benefits directly to the consumer, who is defined in WAC 388-290-0005. We consider the consumer the employer of the child care provider.

(4) On all payments DSHS makes toward the cost of in-home/relative child care, DSHS pays the employer's share of:

(a) Social Security taxes;

(b) Medicare taxes;

(c) Federal Unemployment Taxes (FUTA); and

(d) State unemployment taxes (SUTA) when applicable.

(5) On all payments DSHS makes toward the cost of in-home/relative child care DSHS withholds the following taxes:

(a) Social Security taxes up to the wage base limit; and

(b) Medicare taxes.

(6) If an in-home/relative child care provider receives less than one thousand one hundred dollars per family in a calendar year, DSHS refunds all withheld taxes to the provider.

[]


NEW SECTION
WAC 388-290-0245   When can the WCCC program authorize payment of fees for registration and/or special activities?   (1) The WCCC program pays licensed or certified child care providers a registration fee once per calendar year of fifty dollars per child or the provider's usual fee, whichever is less only if the fees are:

(a) Required of all parents whose child(ren) are in care with that provider; and

(b) Needed to maintain the child care arrangement.

(c) The registration fee may be authorized more than once per calendar year when:

(i) There is a break in child care services with the same provider of more than sixty days and the provider's usual policy is to charge an additional registration fee when there is a break in care; or

(ii) The child(ren) change child care providers.

(2) The WCCC program pays licensed or certified child care providers a monthly activity fee of twenty dollars per child or the provider's actual cost for the activity, whichever is less only if the fees meet the conditions in subsections (1)(a) and (b) of this section.

[]


NEW SECTION
WAC 388-290-0250   When can WCCC pay a bonus for enrolling an infant?   The WCCC program pays licensed or certified child care providers a one-time bonus of two hundred fifty dollars for each infant they newly enroll in care if all the following conditions are met:

(1) The child being cared for is less than twelve months of age;

(2) The child care facility has not already received a bonus for that infant;

(3) We expect care to be provided for five days or more; and

(4) The provider must care for the infant a minimum of five days in order to claim the bonus.

[]


NEW SECTION
WAC 388-290-0255   When can the WCCC program establish a protective payee to pay my in-home/relative provider?   The WCCC program establishes a protective payee to pay your in/home-relative provider when:

(1) You do not pay your in-home/relative child care provider your copayment and/or the entire amount the department sends you for in-home/relative child care;

(2) We issued a child care warrant to the correct address and twelve or more working days have passed since the issuance date, and you have not reported the WCCC warrant lost, stolen, or destroyed;

(3) You have a history of failing to pay your in-home/relative provider(s); or

(4) You have a protective payee for your TANF grant.

[]


NEW SECTION
WAC 388-290-0260   Do I have the right to ask for a hearing about my WCCC benefits and how do I ask for one?   (1) WCCC consumers have a right to request a hearing under chapter 388-02 WAC on any action affecting WCCC benefits except for mass changes resulting from a change in policy or law.

(2) Licensed or certified child care providers can request hearings under chapter 388-02 WAC only for WCCC overpayments.

(3) To request a hearing you or the licensed or certified provider:

(a) Contacts the office which sent them the notice; or

(b) Writes to the Office of Administrative Hearings, 919 Lakeridge Way SW, PO Box 42488, Olympia WA 98504-2488; and

(c) Makes the request for a hearing within ninety days of the date a decision is received.

[]


NEW SECTION
WAC 388-290-0265   When can I get WCCC benefits pending the outcome of a hearing?   (1) If you are a WCCC consumer, you can receive WCCC pending the outcome of a hearing if you request the hearing:

(a) On or before the effective date of an action; or

(b) No more than ten days after the department sends you a notice of adverse action.

"Adverse action" means an action to reduce or terminate your WCCC, or to set up a protective payee to receive your WCCC warrant for you.

(2) If you lose a hearing, any WCCC you use between the date of the adverse action and the date of the hearing or hearing decision is an overpayment to you, the consumer.

(3) If you are a WCCC consumer, you may not receive WCCC benefits pending the outcome of a hearing if you request payment to a provider who is not eligible under WAC 388-290-0125.

(4) If you are eligible for WCCC, you may receive child care benefits for another eligible provider, pending the outcome of the hearing.

[]


NEW SECTION
WAC 388-290-0270   What is a WCCC overpayment and when might I have one?   (1) A WCCC overpayment:

(a) Occurs when a consumer or a provider has received benefits or payment which they are not eligible to receive;

(b) Is written by WCCC staff and expected to be paid back by either the consumer or the provider.

(2) The WCCC program establishes WCCC overpayments, regardless of whether you are a current or past WCCC consumer, when we made payment for WCCC benefits and:

(a) You are no longer eligible or you are eligible for a smaller amount of care. The overpayment will start from the day your circumstances change and you become ineligible;

(b) You knowingly fail to report information to the department that affects the amount of WCCC you are eligible for; or

(c) You do not have attendance records and/or payment receipts to support the amount you billed the department.

(3) When setting up an overpayment, we reduce the WCCC overpayment by the amount of the WCCC underpayment when applicable.

(4) In areas not covered by this section, WCCC consumers are subject to chapter 388-410 WAC (Benefit errors).

(5) We set up overpayments starting the date that we paid for WCCC when you were not eligible or eligible for a lesser amount of care.

(6) The WCCC program recovers WCCC overpayments from licensed/certified child care providers, when:

(a) The provider receives payment for WCCC services not provided;

(b) The provider does not have attendance records that support the billing;

(c) We pay the provider more than they are eligible to bill; or

(d) The provider receives payment from DSHS and the provider is not eligible based on WAC 388-290-0125.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-290-010 What is the purpose of the working connections child care program?
WAC 388-290-015 What basic steps does the department take to decide if I'm eligible for WCCC?
WAC 388-290-075 Who is a consumer in WCCC?
WAC 388-290-125 What activities can the department pay WCCC for if I get a temporary aid for needy families (TANF) grant?
WAC 388-290-150 What activities can the department pay WCCC for if I don't get a TANF grant?
WAC 388-290-200 Can the department pay WCCC if I'm self-employed?
WAC 388-290-270 Can the department authorize WCCC if I'm not working or in an approved activity right now?
WAC 388-290-280 Can the department pay WCCC for activity fees or bonuses?
WAC 388-290-300 Which children and consumers can and cannot get WCCC?
WAC 388-290-350 If I'm in an approved activity, what are the steps the department takes to figure my WCCC copayment?
WAC 388-290-375 How is the income that my family receives used in WCCC?
WAC 388-290-400 What makes up a family in the WCCC program?
WAC 388-290-450 What income does the department count in WCCC?
WAC 388-290-475 What income does the department exempt in WCCC?
WAC 388-290-500 What are the different kinds of income in WCCC the department uses to get my expected average monthly income?
WAC 388-290-525 How does the department figure my expected average monthly income?
WAC 388-290-600 How does the department figure my countable income, and what is countable income used for?
WAC 388-290-650 How does the department figure my copayment, once my countable income is known?
WAC 388-290-700 Does the department set the minimum copayment if I'm a minor parent?
WAC 388-290-750 Are there other times when the department sets the minimum copayment?
WAC 388-290-800 When does the department calculate copayments?
WAC 388-290-850 What child care providers can the department pay under the WCCC program?
WAC 388-290-854 When will the department not pay toward the cost of in-home/relative child care?
WAC 388-290-858 Why do we review your in-home/relative provider's criminal background information?
WAC 388-290-862 When is a criminal background check required?
WAC 388-290-866 Where does the department get the criminal background information on the in-home/relative provider?
WAC 388-290-870 What does the department do with the criminal background information on the in-home/relative provider?
WAC 388-290-874 Will I be notified of the results of the criminal background information on my in-home/relative provider?
WAC 388-290-878 Can I still use my chosen in-home/relative provider to care for my child(ren) if the provider has been convicted of a disqualifying crime?
WAC 388-290-882 What convictions permanently disqualify my in-home/relative provider from being authorized by WCCC?
WAC 388-290-886 Are there some crimes that require a set amount of time to pass before my in-home/relative provider may be authorized for WCCC?
WAC 388-290-888 When can I ask the department to review the decision to deny authorization of my in-home/relative provider?
WAC 388-290-900 When can the department establish a protective payee to pay my in-home/relative provider?
WAC 388-290-905 What responsibilities does the department have under the WCCC program?
WAC 388-290-910 What responsibilities do I have under the WCCC program?
WAC 388-290-915 When do WCCC payments start?
WAC 388-290-920 When does the department provide me with advance and adequate notice of WCCC payment changes?
WAC 388-290-925 When don't advance and adequate notice rules apply?
WAC 388-290-930 Under what circumstances does my eligibility for WCCC end?
WAC 388-290-935 When might I be eligible for WCCC again?
WAC 388-290-940 Do I have the right to request a hearing?
WAC 388-290-945 Can I receive WCCC pending the outcome of a hearing?
WAC 388-290-950 When does the department collect overpayments?

Washington State Code Reviser's Office