WSR 17-19-094
[Filed September 19, 2017, 10:59 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-16-119.
Title of Rule and Other Identifying Information: WAC 170-290-2210 Eligibility (working connections child care priority groups).
Hearing Location(s): On October 25, 2017, at 10:30 a.m., at 1110 Jefferson Street S.E., Room 113, Olympia, WA. Request to participate by telephone by contacting the rules coordinator at or 360-725-4670 on or before October 20, 2017.
Date of Intended Adoption: October 27, 2017.
Submit Written Comments to: Rules Coordinator, P.O. Box 40970, email, fax 360-725-4925, by October 26, 2017.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-4670, fax 360-725-4925, email, by October 20, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updating rules to incorporate SSB 5883 (2017-19 operating budget) revisions to the working connections child care (WCCC) program priority groups.
Reasons Supporting Proposal: The department of early learning (DEL) administers the WCCC subsidy program. Program caseloads are subject to appropriated funds and a wait list must be created in the event consumer need exceeds program capacity. The legislature determines the priority groups and their rank for the WCCC program, which DEL has adopted in rule to clarify how the wait list is administered. The 2017 legislature's changes to the priority groups require rule amendments.
Statutory Authority for Adoption: RCW 43.215.060 and 43.215.070.
Statute Being Implemented: RCW 43.215.135, chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, Rules Coordinator, DEL State Office, P.O. Box 40970, Olympia, WA 98504, 360-725-4670; Implementation and Enforcement: DEL/DSHS, statewide.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DEL does not voluntarily make that section applicable to the adoption of this rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rule content is explicitly and specifically dictated by statute.
September 19, 2017
Heather Moss
AMENDATORY SECTION (Amending WSR 17-09-042, filed 4/14/17, effective 5/15/17)
WAC 170-290-2210 Eligibility.
(1) If the applicant or reapplicant meets one of the qualifiers of the priority list and otherwise meets all eligibility requirements of Part II or III of this chapter, the applicant or reapplicant will not be placed on the wait list and will be eligible to receive WCCC subsidies. The priority list includes:
(a) Families applying for or receiving TANF;
(b) Families receiving TANF and working to cure a sanction;
(c) ((Reapplicants who received subsidies within the last thirty days and:
(i) Have reapplied for subsidies; and
(ii) Have household income of two hundred percent federal poverty level or below.)) Foster children;
(d) Families that include a child with special needs;
(e) Families with teen parents (under age twenty-two) who are not living with a ((parent/guardian)) parent or guardian, and who are attending a high school full-time ((with)) that has an on-site child care center;
(f) Families ((that are homeless according to the McKinney-Vento Act definition; and
(g) Families that include a child enrolled in Early Head Start-Child Care Partnership slots.)) with a child residing with a biological parent or guardian who have received child protective services, child welfare services, or a family assessment response from DSHS in the past six months and has received a referral for child care as part of the family's case management; and
(g) Reapplicants who received subsidies within the last thirty days and:
(i) Have reapplied for subsidies; and
(ii) Have household income of two hundred percent federal poverty level or below.
(2) As provided in WAC 170-290-0001, WCCC is administered to the extent of available funds. If available funds are insufficient to allow all priority groups to not be placed on the wait list and be eligible to receive WCCC subsidies, only the highest ranked groups that can be served within available funds will be prioritized. The priority groups are ranked in the order listed in subsection (1) of this section, highest to lowest.
(3) If funds are not available, an applicant or reapplicant not belonging to a group on the priority list will have their name placed on the wait list upon approval of eligibility. The name will be placed on the wait list based on the date of the application or reapplication and served as funds become available.
(4) If the applicant or reapplicant remains on the wait list for twelve months or longer, a new eligibility determination will be required when subsidy child care becomes available.