WSR 17-09-094 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed April 19, 2017, 11:13 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 16-22-080. Title of Rule and Other Identifying Information: New WAC 170-290-0023 Homeless grace period (HG) [(HGP)]; and amending WAC 170-290-0003 Definitions. Hearing Location(s): Department of Early Learning (DEL), State Office, 1110 Jefferson Street S.E., Room 113, Olympia, WA, on May 24, 2017, at 10:00 a.m. Date of Intended Adoption: May 26, 2017. Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, email rules@del.wa.gov, fax (360) 725-4925, by May 25, 2017. Assistance for Persons with Disabilities: Contact DEL rules coordinator by May 18, 2017, (360) 725-4670. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed rules define "homeless" and provide consumers who are experiencing homelessness a twelve month certification period during which they are able to participate in subsidy child care programs. The first four months of the certification period are established as the period during which these consumers must provide any required verifications that allow them to participate in the program. Reasons Supporting Proposal: These rules remove barriers from receiving child care for families who are experiencing homelessness by giving them more time to produce verifications that allow them to participate in child care programs. Statute Being Implemented: 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: Matt Judge, 1110 Jefferson Street S.E., Olympia, WA, (360) 407-1999; Implementation and Enforcement: DEL licensing offices, statewide. No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW. 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. April 19, 2017 Ross Hunter Director
AMENDATORY SECTION (Amending WSR 16-19-107, filed 9/21/16, effective 10/22/16)
WAC 170-290-0003 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Able" means being physically and mentally capable of caring for a child in a responsible manner.
"Authorization" means the transaction created by DSHS which allows the provider the ability to claim payment during a certification period. The transaction may be adjusted based on the family need.
"Available" means being free to provide care when not participating in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055 during the time child care is needed.
"Benefit" means a regular payment made by a government agency to a person qualified to receive it.
"Calendar year" means those dates between and including January 1st and December 31st.
"Capacity" means the maximum number of children the licensee is authorized by the department to have in care at any given time.
"Collective bargaining agreement" or "CBA" means the most recent agreement that has been negotiated and entered into between the exclusive bargaining representative for all licensed and license-exempt family child care providers as defined in chapter 41.56 RCW.
"Consumer" means the person receiving:
(a) WCCC benefits as described in part II of this chapter; or
(b) SCC benefits as described in part III of this chapter.
"Copayment" means the amount of money the consumer is responsible to pay the child care provider toward the cost of child care, whether provided under a voucher or contract, each month.
"Days" means calendar days unless otherwise specified.
"DEL" means the department of early learning.
"DSHS" means the department of social and health services.
"Early achievers" means a program that improves the quality of early learning programs and supports and rewards providers for their participation.
"Eligibility" means that a consumer has met all of the requirements of:
(a) Part II of this chapter to receive WCCC program subsidies; or
(b) Part III of this chapter to receive SCC program subsidies.
"Employment" or "work" means engaging in any 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. This includes unsubsidized employment, as verified by DSHS, and subsidized employment, such as:
(a) Working in a federal or state paid work study program; or
(b) VISTA volunteers, AmeriCorps, JobCorps, and Washington Service Corps (WSC) if the income is taxed.
"Existing child care provider" means a licensed or certified provider who received a state subsidy payment between July 1, 2015, and June 30, 2016.
"Homeless" means homeless as defined by the McKinney-Vento Homeless Assistance Act of 1987.
"In-home/relative provider" or "license-exempt provider," referred to in the collective bargaining agreement as "family, friends and neighbors provider" or "FFN provider," means a provider who meets the requirements in WAC 170-290-0130 through 170-290-0167.
"In loco parentis" means the adult caring for an eligible child in the absence of the biological, adoptive, or step-parents, and who is not a relative, court-ordered guardian, or custodian, and is responsible for exercising day-to-day care and control of the child.
"New child care provider" means a licensed or certified provider who did not receive a state subsidy payment between July 1, 2015, and June 30, 2016.
"Night shift" means employment for a minimum of six hours between the hours of 8 p.m. and 8 a.m.
"Nonschool age child" means a child who is six years of age or younger and is not enrolled in public or private school.
"Phase out period" means a three-month eligibility period a consumer may be eligible for at reapplication when the consumer's household income is greater than two hundred percent of the federal poverty guidelines (FPG) but less than two hundred twenty percent of the FPG.
"Preschool age child" means a child age thirty months through six years of age who is not attending kindergarten or elementary school.
"Private school" means a private school approved by the state under chapter 28A.195 RCW.
"SCC" means the seasonal child care program, which is a child care subsidy program described in part III of this chapter that assists eligible families who are seasonally employed in agriculturally related work outside of the consumer's home to pay for licensed or certified child care.
"School age child" means a child who is between five years of age through twelve years of age and who is attending public or private school or is receiving home-based instruction under chapter 28A.200 RCW.
"Seasonally available agricultural related work" means work that is directly related to the cultivation, production, harvesting or processing of fruit trees or crops.
"Self-employment" means engaging in any 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, as verified by Washington state business license, or a tribal, county, or city business or occupation license, as applicable, and a uniform business identification (UBI) number for approved self-employment activities that occur outside of the home. Incorporated businesses are not considered self-employment enterprises.
"Waiting list" means a list of applicants or reapplicants eligible to receive subsidy benefits but funding is not available.
"WCCC" means the working connections child care program, which is a child care subsidy program described in part II of this chapter that assists eligible families in obtaining subsidy for child care.
NEW SECTION
WAC 170-290-0023 Homeless grace period (HGP).
(1) Families experiencing homelessness will be eligible for HGP and will have a certification period of twelve months:
(a) When verified homelessness within thirty days of the date of application or reapplication;
(b) When HGP has not been received in the twelve calendar months prior to the month of application or reapplication; and
(c) When the family meets all eligibility requirements under WAC 170-290-0005 and 170-290-0030, except:
(i) Verifying participation or participating in approved activities in WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055; or
(ii) Providing required third-party verification of income and employment within thirty days of receipt of an application or reapplication; or
(iii) Having an outstanding copayment or not having a payment plan for the outstanding copayment.
(2) Families must report changes as required in WAC 170-290-0031 and will remain eligible for HGP through the end of the fourth month, if their homeless status changes.
(3) HGP families will have a period of four months to provide:
(a) Verification of participation in approved activities in WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055; or
(b) Required third-party verification of income and employment; or
(c) Verification of payment or payment plan arrangements for an outstanding copayment.
(4) Once received in months one through four, the verification required in subsection (3) of this section will not need reverification for care to continue during months five through twelve.
(5) The four-month period begins on the first date of eligibility, which is the date of application or reapplication and the first month may be a partial month. The four-month period ends on the last day of the fourth month.
(6) Termination of HGP families will occur on the last day of the fourth month if:
(a) The family does not verify they have entered an approved activity; or
(b) The family does not provide the required third-party verification of income and employment; or
(c) The family does not pay or make payment arrangements of an outstanding copayment.
(7) DSHS will approve HGP for families using WCCC for the fourteen-day wait period (WAC 170-290-0055) and the family has verified their homeless status and not entered the approved activity by the fourteenth day:
(a) Approve HGP the first day following the end of the fourteen-day wait period instead of terminating WCCC;
(b) Waive the copayment effective the first day of the month following the last day of the fourteen-day wait period;
(c) Waive the copayment for the remainder of the four-month period, even if it is less than four months;
(d) When homelessness is verified and HGP approved, do not establish an overpayment for the fourteen-day wait period.
(8) DSHS will approve HGP for families using WCCC for the sixty days of self-attestation of new employment and the family has verified their homeless status and not provided the required income and employment verification by the sixtieth day:
(a) Approve HGP the first day following the end of the sixty days of self-attestation period instead of terminating WCCC;
(b) Waive the copayment effective the first day of the month following the last day of the sixty days of self-attestation period;
(c) Waive the copayment for the remainder of the four-month period, even if it is less than four months;
(d) When homelessness is verified and HGP approved, do not establish an overpayment for the period of the sixty days of self-attestation.
(9)(a) HGP copayments will be determined at initial eligibility determination and be waived for the first four months. A copayment is required beginning in month five through month twelve.
(b) If the copayment exceeds fifteen dollars, the family will not be eligible for the fifteen dollars copayment during the first two months of paying a required copayment.
(10) Families will be approved for full-time care during the four months of HGP and the remainder of the eligibility period. Full-time care means:
(a) Twenty-three full day units when the child needs five or more hours of care per day; or
(b) Thirty half day units when the child needs less than five hours of care per day; or
(c) Thirty half day units during the months of September through June when the child is school-aged; or
(d) Forty-six half day units during the months of July and August when the child is school-aged.
(11)(a) Only licensed, certified or DEL-contracted providers shall provide care during the four months of HGP. Payment to the provider will be either the provider rate or state rate, whichever is less.
(b) In-home/relative providers shall not provide care during the four months of HGP, regardless of changes reported.
(c) Families may choose in-home/relative providers to provide care during months five through twelve, under WAC 170-290-0125, 170-290-0130 and 170-290-0190.
(d) The four months of HGP are nontransferable; families cannot change the four months of HGP, even if care is not provided.
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