WSR 11-12-078




[ Filed May 31, 2011, 2:43 p.m. , effective July 1, 2011 ]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Revising sections of chapter 170-290 WAC for the seasonal child care (SCC) subsidy program.

The department of early learning (DEL) is revising rules in chapter 170-290 WAC regarding implementation of the SCC subsidy program. Two sections of Part I are amended, and all sections of Part III of this chapter are revised (amended or repealed). The rules:

1. Will allow DEL to limit consumer entry into SCC if needed to keep the program within available funds;

2. Note that responsibility for processing applications for SCC and determining family eligibility for subsidy benefits has been transferred from contracted local agencies to the department of social and health services (DSHS); and

3. Where appropriate, align SCC eligibility standards, eligibility determination, and appeal rights with those for the working connections child care (WCCC) subsidy program to streamline program administration.

SCC helps eligible parents pay for child care while the parents work in season [seasonal] agricultural harvesting or processing. The program was suspended in January 2011, when it ran out of funds for state fiscal year (SFY) 2011. DEL plans to reopen to SCC applications to families in July 2011, with SFY 2012 funding. To avoid running short of SCC funds, DEL or DSHS may limit program enrollment, create priority lists or create waiting lists. Shifting SCC administration to DSHS was done in response to Executive Order 10-04 requiring DEL and other state agencies to reduce state general fund expenditures on an emergency basis to avoid a [an] SFY 2011 budget deficit. This change saved an estimated $250,000 in SFY 2011 and will save about $1 million per year in future fiscal years.

Citation of Existing Rules Affected by this Order: Repealing WAC 170-290-3510, 170-290-3670, 170-290-3820 and 170-290-3830; and amending WAC 170-290-0002, 170-290-0003, 170-290-3501, 170-290-3520, 170-290-3530, 170-290-3540, 170-290-3550, 170-290-3555, 170-290-3560, 170-290-3565, 170-290-3570, 170-290-3580, 170-290-3590, 170-290-3610, 170-290-3620, 170-290-3630, 170-290-3640, 170-290-3650, 170-290-3660, 170-290-3665, 170-290-3690, 170-290-3730, 170-290-3750, 170-290-3760, 170-290-3770, 170-290-3790, 170-290-3840, 170-290-3850, 170-290-3855, 170-290-3860, and 170-290-3865.

Statutory Authority for Adoption: RCW 43.215.060, 43.215.070, chapter 43.215 RCW.

Adopted under notice filed as WSR 11-08-009 on March 29, 2011.

Changes Other than Editing from Proposed to Adopted Version: See Reviser's note below.

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 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 31, Repealed 4.

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 31, Repealed 4.

Date Adopted: May 31, 2011.

Elizabeth M. Hyde


Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-13 issue of the Register.

Washington State Code Reviser's Office