Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-04-020.

     Title of Rule and Other Identifying Information: The DSHS division of child care and early learning is amending WAC 388-290-0045 If I don't get a temporary assistance for needy families (TANF) grant, what activities must I be involved in to be eligible for WCCC benefits? and 388-290-0190 What does the program pay for and when can the program pay more?

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on May 23, 2006, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than May 24, 2006.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 23, 2006.

     Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by May 19, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 388-290-0045, changes to this WAC include:

     (1) Deleting references to WAC 388-310-1000, 388-310-1050, and 388-310-1200.

     (2) Not allowing child care coverage for prerequisite classes and programs.

     (3) Limiting child care coverage for job skills training that is not offered or required by an employer.

     (4) Examples of job skills training.

     WAC 388-290-0190, changes to this WAC include: Limiting payment of a higher rate, if care cannot be found in the community at the DSHS rate, for mandatory WorkFirst participants only.

     Reasons Supporting Proposal: The governor's mandate for WorkFirst redesign prompted changes to WAC specific to WorkFirst activities. Working connections child care WAC references some of the WorkFirst WAC which is no longer appropriate. Proposed WCCC WAC changes will no longer reference specific WorkFirst activity language for non-WorkFirst child care consumers.

     Statutory Authority for Adoption: RCW 74.12.340.

     Statute Being Implemented: RCW 74.12.340.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Under section 505 of 2SHB 2964 (chapter 265, Laws of 2006), the permanent adoption of this proposed rule will be completed by or in conjunction with the new department of early learning.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sheri Bruu-DeLeon, 1009 College Street S.E., Lacey, WA 98504-5480, (360) 725-4675.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not affect small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. The rule is not a "significant legislative rule" as defined in chapter 34.05 RCW.

April 17, 2006

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (((1))) (a) Employment or self-employment under WAC 388-290-0050. We consider "employment" or "work" to mean:

     (((a) Engaging in any)) (i) Legal, income generating activity ((that is)) taxable under the United States Tax Code or that would be taxable with or without a treaty between an Indian Nation and the United States((; or)).

     (((b) Working in a)) (ii) Federal or state paid work study ((program. You may receive WCCC for paid work study and transportation hours (not for the time you are in an unapproved activity), unless you meet requirements in subsection (2) of this WAC;)).

     (((c))) (b) VISTA volunteers, ((Americorps)) AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed.

     (((2))) (c) High school (HS) or general equivalency diploma (GED) program until you reach your twenty-second birthday (You can be enrolled in a HS or GED program without a minimum number of employment hours).

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

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

     (2) If you are participating in an activity listed in subsections (3) through (8) of this section, you may be eligible for WCCC benefits as described in subsection (1) of this section if you are actually working either:

     (a) Twenty or more hours per week; or

     (b) Sixteen or more hours per week in a paid federal or state work study program.

     (((5))) (3) Adult basic education (ABE)((,)).

     (4) English as a second language (ESL)((,)).

     (5) High ((school/GED,)) school or GED completion if you are twenty-two years of age or older.

     (6) Vocational education((, or)) (Voc Ed). The Voc Ed program:

     (a) Must lead to a degree or certificate in a specific occupation.

     (b) Cannot include prerequisite classes or programs.

     (c) Is offered by the following accredited entities only:

     (i) Public and private technical college or school.

     (ii) Community college.

     (iii) Tribal college.

     (7) Job skills training ((or other program under WAC 388-310-1000, 388-310-1050, 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 paid federal or state work study program)) for no more than fourteen consecutive days. Job skills training is not tied to a specific occupation but is training in specific skills directly related to employment, such as CPR/First Aid, keyboarding, computer programs, project management, and oral and written communication skills. Training offered or required by a current employer, at or off your job site, may extend past the fourteen consecutive day limit.

     (((b))) (8) Post-employment services under WAC 388-310-1800.

     (9) ((Participating in post secondary education for no longer than thirty-six months.)) Child care for ((post secondary education in this section)) participation in voc ed is limited ((up)) to thirty-six months ((maximum)) regardless of the length of the ((school)) educational program. The thirty-six months includes the months ((you attended post secondary education,)) in which the following occurred at the same time:

     (a) WCCC benefits were paid to support((ed by WCCC, while receiving)) your participation in a voc ed program.

     (b) You or someone in your household received TANF benefits.

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

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0045, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.]

     (a) Basic child care hours, either full-day, half-day or hourly. We authorize:

     (i) Full-day child care to licensed or certified facilities and DSHS contracted seasonal day camps when your children need care for five or more hours per day;

     (ii) Half-day child care to licensed or certified facilities and DSHS contracted seasonal day camps when your children need care for less than five hours per day; and

     (iii) Hourly child care for in-home/relative child care.

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

     (c) A field trip fee (under WAC 388-290-0245); and

     (d) Special needs care 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 may authorize up to the provider's usual daily rate if:

     (a) The parent is a mandatory WorkFirst participant; and

     (b) Appropriate child care, at the DSHS rate, is not available within a reasonable distance ((at our daily rate, then we authorize the provider's usual daily rate)) from the home or work (activity) site. "Appropriate" means child care approvable under WAC 388-290-0125. "Reasonable distance" is determined by comparing what other local families must travel to access appropriate child care.

     (3) We authorize an additional amount of care if ((care is over)):

     (a) More than ten hours of care is provided per day((,)); and

     (b) The provider's policy is to charge all families for these extra hours((, then we authorize an additional amount of care)).

[Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0190, filed 9/30/05, effective 11/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0190, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0190, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0190, filed 12/19/01, effective 1/19/02.]

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