WSR 16-22-080
[Filed November 1, 2016, 4:19 p.m.]
Subject of Possible Rule Making: Revisions to chapter 170-290 WAC to ensure child care subsidy programs comply with federal requirements, to promote program integrity, to streamline and align program rules, to improve program service to the public, and to administer waiting lists in these programs. Changes may include, but are not limited to; rules implementing child care development block grant reauthorization requirements on background checks and health and safety training and monitoring for subsidy providers; rules regarding provider eligibility for payment while background check results are pending; rules detailing provider attendance record requirements; rules changing the definition and implementation of "full-time care"; rules regarding copayments; rules regarding approved activities; rules regarding program income calculation; rules regarding program services to homeless consumers; rules regarding consumer income and resource limits; rules regarding self-attestation of employment status and work schedule; rules regarding provider payment errors; rules regarding eligibility of children thirteen years of age and up; and rules regarding wait lists in working connections child care and/or seasonal child care programs.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.060, 43.215.070.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Child care development block grant reauthorization became effective November 19, 2014. The new law requires full fingerprint background checks and health and safety monitoring and preservice training for child care and development fund (CCDF) subsidy program providers. It further requires programs funded by CCDF to authorize twelve months of services to program consumers. Revisions are needed to child care subsidy program rules in order for subsidy programs to comply. Recent state auditor's office findings reveal program integrity issues facing child care subsidy programs as to provider billing and payment that require rule making to address. Rule making will bring more consistency to rules on consumer copayments throughout chapter 170-290 WAC. Program rules regarding income counting could better align with consumer economic realities. Budgetary limits on child care subsidy programs require rules for administering waiting lists in the event limits are exceeded.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The state department of social and health services jointly administers the working connections child care and seasonal child care subsidy programs. The department of early learning (DEL) must follow United States Administration for Children and Families, CCDF regulations consistent with the state's CCDF plan. DEL plans to coordinate rule development with these state and federal agencies.
Process for Developing New Rule: Negotiated rule making; and to the extent practicable, DEL intends to seek public input during the rule drafting and development process. At a later date, DEL will file proposed rules (more than one proposed rule-making notice may be filed), hold a public hearing or hearings, and accept written comments before adopting permanent rules. One or more sets of proposed rules under this filing will proceed under negotiated rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Individuals and organizations wishing to receive draft and proposed materials may join a DEL rules mailing list by contacting the DEL rules coordinator at, fax (360) 586-0533, or by writing to the DEL Rules Coordinator, Department of Early Learning, P.O. Box 40970, Olympia, WA 98504-0970.
November 1, 2016
Matt Judge
Subsidy Policy Supervisor