WSR 17-20-111 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed October 4, 2017, 10:09 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-16-119. Title of Rule and Other Identifying Information: WAC 170-290-0190 WCCC authorized additional payments—Determining units of care. Hearing Location(s): On November 7, 2017, at 10:30 a.m., at 1110 Jefferson Street S.E., Room 113, Olympia, WA. Request to participate by phone by contacting the rules coordinator at rules@del.wa.gov or 360-725-4670, on or before November 3, 2017. Date of Intended Adoption: November 9, 2017. Submit Written Comments to: Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, email rules@del.wa.gov, fax 360-725-4925, by November 8, 2017. Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-4670, fax 360-725-4925, email rules@del.wa.gov, by November 3, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed amendments to WAC 170-290-0190 are filed in conjunction with proposed amendments to chapter 170-290 WAC filed under WSR 17-19-120. Proposals impact working connections and seasonal child care subsidy program applicants and consumers. Specifically, the proposals will (1) require applicants to disclose household composition and name and address of the other parent when known unless the applicant has good cause not to cooperate; (2) clarify how the department of social and health [services] (DSHS) determines family size when determining authorization amounts; (3) standardize authorization amounts for all participating families who need full- and part-time care and are using licensed child care providers or license-exempt/relative (family, friend, or neighbor) providers; (4) disallow child care from occurring in the child's home when the parent/guardian is self-employed and operating a home-based business; (5) clarify when work schedule information and third-party verification may be required for income verification; (6) clarify the deadline by which an applicant must respond to a request for income verification; and (7) specify acceptable forms of documentation for verification of an applicant's participation in qualifying activities and timelines for submission. Reasons Supporting Proposal: The proposals strengthen internal controls for administering the working connections and seasonal child care subsidy programs and promote program integrity by (1) requiring questionable applicant statements of household composition to be supported by additional third-party verification; and (2) simplifying the DSHS' process for requesting and documentation to verify applicants and consumers are participating in qualifying activities. The proposals remove barriers from program participation by (1) providing flexibility in income calculation and verification and allowing the use of documentation that most accurately reflects the consumer's economic situation; and (2) standardizing the authorization amounts for all families including those with parents participating in approved activities full- and part-time for traditional, nontraditional, and variable working schedules and for school-age and nonschool-age children across all provider types. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Department of early learning (DEL), governmental. Name of Agency Personnel Responsible for Drafting: Cindy McCloskey, Subsidy Policy Analyst, DEL State Office, P.O. Box 40970, Olympia, WA 98504, 360-725-4430; 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. October 4, 2017 Heather Moss Director
AMENDATORY SECTION (Amending WSR 17-18-009, filed 8/24/17, effective 9/24/17)
WAC 170-290-0190 WCCC ((authorized and additional payments—Determining units of care)) benefit calculations.
(((1) DSHS will authorize the following:
(a) Full-day child care to licensed or certified facilities and DEL contracted seasonal day camps when a consumer's children need care between five and ten hours per day;
(b) Half-day child care to licensed or certified facilities and DEL contracted seasonal day camps when a consumer's children need care for less than five hours per day;
(c) Hourly child care for in-home/relative child care;
(d) Full-time care when the consumer participates in one hundred ten hours or more of approved activities per calendar month based on the consumer's approved activity schedule. Full-time care means the following:
(i) For licensed care or certified facilities, twenty-three full-day units if the child needs five or more hours of care per day, or thirty half-day units if the child needs fewer than five hours of care per day; and
(ii) Two hundred thirty hours for in-home/relative child care if the child needs five or more hours of care per day or one hundred fifteen hours for in-home/relative child care if the child needs fewer than five hours of care per day. Supervisor approval is required for DSHS to authorize more than two hundred thirty hours of in-home/relative child care in a calendar month for a single child.
(e) A registration fee (under WAC 170-290-0245);
(f) A field trip fee (under WAC 170-290-0247);
(g) Special needs care when the child has a documented need for a higher level of care (under WAC 170-290-0220, 170-290-0225, 170-290-0230, and 170-290-0235); and
(h) A nonstandard hours bonus under WAC 170-290-0249.
(2) Beginning September 1, 2016, and applicable to school-age children, DSHS will authorize and pay for child care as follows:
(a) DSHS will automatically increase half-day authorizations to full-day authorizations beginning the month of June when the child needs full-day care;
(b) DSHS will automatically decrease full-day authorizations to half-day authorizations beginning the month of September unless the child continues to need full-day care during the school year until the following June. If the consumer's schedule has changed and more care is needed, the consumer must request an increase, and DSHS will verify the need for increased care. DSHS will send the consumer notification of the decrease as stated in WAC 170-290-0025; and
(c) Beginning October 1, 2017, DSHS will authorize one hundred fifteen hours of child care for the in-home/relative provider and DSHS will authorize additional contingency hours of care needed for the school-aged child by the in-home/relative provider when the child needs full-time care. Contingency hours will have a variable monthly limit and be available for each month of the calendar year. Supervisor approval is required when a school-aged child needs more than two hundred thirty hours of in-home/relative child care a month.
(3) DSHS may authorize up to the provider's private pay rate if:
(a) The parent is a WorkFirst participant; and
(b) Appropriate child care, at the state rate, is not available within a reasonable distance from the approved activity site.
"Appropriate" means licensed or certified child care under WAC 170-290-0125, or an approved in-home/relative provider under WAC 170-290-0130.
"Reasonable distance" is determined by comparing what other local families must travel to access appropriate child care.
(4) DSHS authorizes overtime care if:
(a) More than ten hours of care is provided per day (up to a maximum of sixteen hours a day); and
(b) The provider's written policy is to charge all families for these hours of care in excess of ten hours per day.
(5) In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits cannot receive those benefits for their own children during the hours in which they provide subsidized child care.)) (1) The amount of care a consumer may receive is determined by DSHS at application or reapplication. The consumer does not need to be in approved activities or a reported activity schedule, except at application or reapplication. Once the care is authorized, the amount will not be reduced during the eligibility period unless:
(a) The consumer requests the reduction;
(b) The care is for a school-aged child as described in subsection (3) of this section; and
(c) Incorrect information was given at application or reapplication according to WAC 170-290-0030.
(2) To determine the amount of weekly hours of care needed, DSHS will review:
(a) The consumer's participation in approved activities per WAC 170-290-0040, 170-290-0045, 170-290-0050, and 170-290-0055;
(b) The number of hours the child attends school, including home school, and reduce the amount of care;
(c) The overlap activity hours in a two parent household and reduce the amount of care of nonoverlapped activity hours;
(d) The parent, in a two parent household, who is not able to care for the child, as defined in WAC 170-290-0020, and exclude the activity requirements; and
(e) When a consumer requests and verifies the need for increased care, DSHS will increase the care for the remainder of the eligibility period.
(3) Determining full-time care for a family using licensed providers:
(a) Twenty-three full-day units per month will be authorized for one hundred ten hours of activity or more each month when the child needs care five or more hours per day;
(b) Thirty half-day units per month will be authorized for one hundred ten hours of activity or more each month when the child needs care less than five hours per day;
(c) Thirty half-day units per month will be authorized during the school year for a school-aged child who needs care less than five hours per day;
(d) Forty-six half-day units will be authorized during the months of July and August for a school-aged child who needs five or more hours of care;
(e) Twenty-three full-day units will be authorized during the school year for a school-aged child who needs care five or more hours per day;
(f) Supervisor approval is required for additional days of care that exceeds twenty-three full days or thirty half days; and
(g) Care cannot exceed sixteen hours per day, per child.
(4) Determining full-time care for a family using in-home/relative providers (family, friend and neighbors).
(a) Two hundred thirty hours of care will be authorized for one hundred ten hours of activity or more each month when the child needs care five or more hours per day;
(b) One hundred fifteen hours of care will be authorized for one hundred ten hours of activity or more each month when the child needs care less than five hours per day;
(c) One hundred fifteen hours of care will be authorized during the school year for a school-aged child who needs care less than five hours per day and the provider will be authorized contingency hours each month, up to a maximum of two hundred thirty hours;
(d) Two hundred thirty hours of care will be authorized during the school year for a school-aged child who needs care five or more hours in a day;
(e) Supervisor approval is required for hours of care that exceed two hundred thirty hours; and
(f) Care cannot exceed sixteen hours per day, per child.
(5) Determining part-time care for a family using licensed providers and the activity is less than one hundred ten hours per month.
(a) A full-day unit will be authorized for each day of care that exceeds five hours;
(b) A half-day unit will be authorized for each day of care that is less than five hours; and
(c) A half-day unit will be authorized for each day of care for a school-aged child, not to exceed thirty half days.
(6) Determining part-time care for a family using in-home/relative providers (family, friend and neighbors).
(a) Under the provisions of subsection (2) of this section, DSHS will authorize the number of hours of care needed per month when the activity is less than one hundred ten hours per month; and
(b) When the provider claims contingency hours, the total number of authorized hours and contingency hours claimed cannot exceed two hundred thirty hours per month.
(7) DSHS determines the allocation of hours or units for families with multiple providers based upon the information received from the parent.
(8) DSHS may authorize more than the state rate and up to the provider's private pay rate if:
(a) The parent is a WorkFirst participant; and
(b) Appropriate child care, at the state rate, is not available within a reasonable distance from the approved activity site. "Appropriate" means licensed or certified child care under WAC 170-290-0125, or an approved in-home/relative provider under WAC 170-290-0130. "Reasonable distance" is determined by comparing distances other local families must travel to access appropriate child care.
(9) Other fees DSHS may authorize to a provider are:
(a) Registration fees;
(b) Field trip fees;
(c) Nonstandard hours bonus;
(d) Overtime care to a licensed provider who has a written policy to charge all families, when care provided exceeds ten hours in a day; and
(e) Special needs rates for a child.
(10) In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits cannot receive those benefits for their own children during the hours in which they provide subsidized child care.
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