WSR 17-12-013 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed May 26, 2017, 1:42 p.m., effective June 26, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: Define "homeless" and provide families who are experiencing homelessness a twelve month certification period during which they are able to participate in subsidy child care programs. Rules also establish a grace period for submitting any verification required for program participation, which is intended to remove the barrier of quickly producing documentation that makes participation in these programs difficult for homeless families.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0003.
Adopted under notice filed as WSR 17-09-094 on May 24 [April 19], 2017.
Changes Other than Editing from Proposed to Adopted Version: The requirement to provide third-party verification of income was removed from WAC 170-290-0023 [(1)](c)(ii), (3)[(2)](b), (6)(b), and (8).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 26, 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 homelessness is verified within thirty days of the date of application or reapplication;
(b) When the family has not received HGP 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 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 eligible for HGP 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;
(b) Required third-party verification of employment; and
(c) Verification of payment or payment plan arrangements for an outstanding copayment.
(3) 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.
(4) If 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 will occur on the last day of the fourth month if the family does not:
(a) Verify they have entered an approved activity;
(b) Provide the required third-party verification of employment;
(c) 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). If the family has verified their homeless status but not entered the approved activity by the fourteenth day:
(a) HGP is approved the first day following the end of the fourteen-day wait period instead of terminating WCCC;
(b) The copayment is waived effective the first day of the month following the last day of the fourteen-day wait period; and
(c) The copayment is waived for the remainder of the four-month period, even if it is less than four months.
(d) When homelessness is verified and HGP approved, an overpayment will not be established 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 (WAC 170-290-0012). If the family has verified their homeless status but not provided the required employment verification by the sixtieth day:
(a) HGP is approved the first day following the end of the sixty days of self-attestation period instead of terminating WCCC;
(b) The copayment is waived effective the first day of the month following the last day of the sixty days of self-attestation period; and
(c) The copayment is waived for the remainder of the HGP, even if it is less than four months.
(d) An overpayment is not established for the sixty days of self-attestations if homelessness is verified and HGP is approved.
(9)(a) HGP copayments will be determined at initial eligibility determination and be waived for the first four months. A copayment is required for months 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;
(b) Thirty half day units when the child needs less than five hours of care per day;
(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 be authorized to provide child 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 be authorized to provide child care for families during the 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 may not change the four months of HGP, even when care was not provided.
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