WSR 20-13-078
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed June 16, 2020, 10:22 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Working connections and seasonal child care programs: WAC 110-15-0023 Homeless grace period (HGP), 110-15-0200 Daily child care ratesLicensed or certified child care centers and DCYF contracted seasonal day camps, and 110-15-0205 Daily child care ratesLicensed or certified family home child care providers.
Hearing Location(s): On July 21, 2020, telephonic.
Oral comments may be made by calling 360-902-8084 and leaving a voicemail that includes the comment and an email or physical mailing address where the department of children, youth, and families (DCYF) will send its response. Comments received through and including July 21 will be considered.
Date of Intended Adoption: July 22, 2020.
Submit Written Comments to: Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by July 21, 2020.
Assistance for Persons with Disabilities: Contact DCYF Rules Coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by July 17, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Working connections child care (WCCC) provides child care subsidies for families who meet prescribed income thresholds and who are engaged in work or certain work activities. Homeless grace period: Families experiencing homelessness as verified by the department are allowed a grace period to meet program requirements, including providing verification of participation in work or approved work activities. Proposed WAC 110-15-0023 changes the grace period from four to twelve months. Rates: The department pays providers who care for children authorized for WCCC the lesser of the providers' private rates or rates codified in rule. Proposed WAC 110-15-0200 and 110-15-0205 increase rates for licensed and certified child care centers and family home child cares, respectively.
Reasons Supporting Proposal: Section 2, chapter 279, Laws of 2020 directs the department to extend the homeless grace period to twelve months. Rate increases are intended to bring subsidy rates closer to market rates as directed by section 225(4), chapter 357, Laws of 2020, and to improve access to subsidized child care by encouraging additional child cares to participate in WCCC.
Statutory Authority for Adoption: RCW 43.216.055 and 43.216.065.
Statute Being Implemented: Section 2, chapter 279 and section 225(4), chapter 357, Laws of 2020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Jason Ramynke, Olympia, Washington, 360-668-0911; Implementation and Enforcement: DCYF, 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. A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)(i). DCYF does not voluntarily make that section applicable to the adoption of the proposed rules.
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 rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
June 16, 2020
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0023Homeless 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))A homeless grace period (HGP) is established as described in this section.
(2) DCYF may grant a consumer experiencing homelessness a twelve-month grace period to submit the documentation described in this subsection. The children of the consumer experiencing homelessness may receive WCCC services during the HGP. Within twelve months of the child being authorized in the WCCC program, the consumer must submit to DCYF:
(i) Documentation verifying participation ((or participating)) in an 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.))activity as described in WAC 110-15-0040, 110-15-0045, or 110-15-0050;
(ii) Third-party verification of employment; and
(iii) Verification that any outstanding copayment owed by the consumer has been paid or written verification of a payment plan agreed to by the child care provider who is owed the outstanding copayment.
(3) A consumer is eligible for HGP if the consumer:
(a) Is experiencing, and DCYF verifies, homelessness at the time of the consumer's application for benefits;
(b) Has not been approved for HGP within the previous twelve months; and
(c) Except for the requirements described in subsection (1) of this section, meets all eligibility requirements described in this chapter.
(4) Consumers approved by DCYF for HGP are eligible to receive:
(a) A twelve-month certification period;
(b) A copayment waiver; and
(c) An authorization for full-time care as described in WAC 110-15-0190.
(5) Authorizations for HGP eligible consumers may only be authorized for licensed care, certified care, or DCYF contracted provider care.
(6) Consumers authorized care under HGP must provide required verification when reapplying at the end of their certification as described in WAC 110-15-0109.
(7) Consumers approved under HGP are not subject to overpayment unless the consumer obtained benefits by failing to report accurate information that resulted in an error in determining the consumer's eligibility for HGP.
AMENDATORY SECTION(Amending WSR 19-12-058, filed 5/31/19, effective 7/1/19)
WAC 110-15-0200Daily child care ratesLicensed or certified child care centers and DCYF contracted seasonal day camps.
(1) Base rate. DCYF pays the lesser of the following to a licensed or certified child care center or DCYF contracted seasonal day camp:
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table, effective July 1, 2020:
 
 
Infants
(One month - 11 mos.)
Toddlers
(12 - 29 mos.)
Preschool
(30 mos. - 6 yrs not
attending kindergarten
or school)
School-age
(5 - 12 yrs attending kindergarten or school)
Region 1
Full-Day
Half-Day
$((35.29))36.27
$((17.65))18.14
$((32.44))34.32
$((16.22))17.16
$((30.53))31.64
$((15.27))15.82
$((29.41))30.00
$((14.71))15.00
Spokane County
Full-Day
Half-Day
$((45.45))49.45
$((22.73))24.73
$((38.77))42.32
$((19.39))21.16
$((35.69))38.32
$((17.85))19.16
$((27.90))27.91
$13.95
Region 2
Full-Day
Half-Day
$((39.44))44.14
$((19.72))22.07
$((31.67))34.32
$((15.84))17.16
$((30.56))32.82
$((15.28))16.41
$((23.84))23.86
$((11.92))11.93
Region 3
Full-Day
Half-Day
$((58.64))66.86
$((29.32))33.43
$((49.47))55.41
$((24.74))27.70
$((42.59))48.59
$((21.30))24.30
$((31.82))34.77
$((15.91))17.39
Region 4
Full-Day
Half-Day
$((71.76))84.32
$((35.88))42.16
$((60.14))69.09
$((30.07))34.55
$((55.57))63.73
$((27.79))31.86
$((33.41))39.23
$((16.71))19.61
Region 5
Full-Day
Half-Day
$((48.86))56.55
$((24.43))28.27
$((42.51))46.77
$((21.26))23.39
$((37.88))41.91
$((18.94))20.95
$((26.12))28.18
$((13.06))14.09
Region 6
Full-Day
Half-Day
$((46.39))50.36
$((23.20))25.18
$((40.82))44.59
$((20.41))22.30
$((35.56))40.18
$((17.78))20.09
$((28.01))29.41
$((14.01))14.70
(i) Centers in Clark County are paid Region 3 rates.
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.
(2) ((The child care center WAC 110-300A-0010 and 110-300A-0050))WAC 110-300-0005 and 110-300-0356 allow((s)) providers to care for children from ((one month))birth up to and including the end of their eligibility period after their thirteenth birthday.
(3) The provider must obtain a child-specific and time-limited exception from ((their child care licensor))DCYF to provide care for a child outside the age listed on the center's license.
(4) If ((the))a provider ((has))is granted an exception to care for a child who ((has exceeded the child's thirteenth birthday,))is thirteen years old or older at application or reapplication:
(a) The payment rate is the same as subsection (1) of this section, and the five through twelve year age range column is used for comparison((. WAC 110-300A-0010 and 110-300A-0050 are superseded by WAC 110-300-0005 and 110-300-0356, respectively, effective August 1, 2019.
(3) If the center provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited exception.)); and
(b) The child must meet the special needs requirement ((according to))as described in WAC 110-15-0220 ((when thirteen or older at application or reapplication)).
AMENDATORY SECTION(Amending WSR 20-08-077, filed 3/26/20, effective 4/26/20)
WAC 110-15-0205Daily child care ratesLicensed or certified family home child care providers.
(1) Base rate. DCYF pays the lesser of the following to a licensed or certified family home child care provider:
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table effective July 1, ((2019))2020:
 
 
Infants
(Birth - 11 mos.)
Enhanced
Toddlers
(12 - 17 mos.)
Toddlers
(18 - 29 mos.)
Preschool
(30 mos. - 6 yrs not attending kindergarten or school)
School-age
(5 - 12 yrs attending
kindergarten or school)
Region 1
Full-Day
Half-Day
$((31.25))34.32
$((15.63))17.16
$((31.25))34.32
$((15.63))17.16
$((26.79))29.41
$((13.39))14.70
$((25.89))29.41
$((12.95))14.70
$((22.32))27.45
$((11.16))13.73
Spokane County
Full-Day
Half-Day
$((32.59))39.23
$((16.29))19.61
$((32.59))39.23
$((16.29))19.61
$((27.68))32.36
$((13.84))16.18
$((26.79))31.18
$((13.39))15.59
$((26.79))29.41
$((13.39))14.70
Region 2
Full-Day
Half-Day
$((32.14))38.23
$((16.07))19.11
$((32.14))38.23
$((16.07))19.11
$((29.46))34.32
$((14.73))17.16
$((26.79))30.86
$((13.39))15.43
$((25.00))29.41
$((12.50))14.70
Region 3
Full-Day
Half-Day
$((42.86))49.00
$((21.43))24.50
$((42.86))49.00
$((21.43))24.50
$((37.50))44.14
$((18.75))22.07
$((36.25))39.27
$((18.13))19.64
$((29.38))34.32
$((14.69))17.16
Region 4
Full-Day
Half-Day
$((54.37))58.82
$((27.19))29.41
$((54.37))58.82
$((27.19))29.41
$((48.70))55.68
$((24.35))27.84
$((41.07))49.00
$((20.54))24.50
$((32.31))34.32
$((16.16))17.16
Region 5
Full-Day
Half-Day
$((37.07))44.14
$((18.54))22.07
$((37.07))44.14
$((18.54))22.07
$((34.90))39.23
$((17.45))19.61
$((31.25))34.32
$((15.63))17.16
$((26.79))31.36
$((13.39))15.68
Region 6
Full-Day
Half-Day
$((33.93))37.86
$((16.96))18.93
$((33.93))37.86
$((16.96))18.93
$((31.25))34.32
$((15.63))17.16
$((28.41))31.36
$((14.20))15.68
$((25.89))28.95
$((12.95))14.48
(((c) The maximum child care subsidy daily rate for that child as listed in the following table beginning July 1, 2020:
 
 
Infants
(Birth - 11 mos.)
Enhanced
Toddlers
(12 - 17 mos.)
Toddlers
(18 - 29 mos.)
Preschool
(30 mos. - 6 yrs not attending kindergarten or school)
School-age
(5 - 12 yrs attending
kindergarten or school)
Region 1
Full-Day
Half-Day
$33.13
$16.56
$33.13
$16.56
$28.39
$14.20
$27.45
$13.72
$23.66
$11.83
Spokane County
Full-Day
Half-Day
$34.54
$17.27
$34.54
$17.27
$29.34
$14.67
$28.39
$14.20
$28.39
$14.20
Region 2
Full-Day
Half-Day
$34.07
$17.04
$34.07
$17.04
$31.23
$15.62
$28.39
$14.20
$26.50
$13.25
Region 3
Full-Day
Half-Day
$45.43
$22.71
$45.43
$22.71
$39.75
$19.88
$38.43
$19.21
$31.14
$15.57
Region 4
Full-Day
Half-Day
$57.63
$28.82
$57.63
$28.82
$51.62
$25.81
$43.54
$21.77
$34.25
$17.13
Region 5
Full-Day
Half-Day
$39.29
$19.65
$39.29
$19.65
$37.00
$18.50
$33.13
$16.56
$28.39
$14.20
Region 6
Full-Day
Half-Day
$35.96
$17.98
$35.96
$17.98
$33.13
$16.56
$30.11
$15.06
$27.45
$13.72))
(2) Effective July 1, 2019, family home providers in all regions and for all ages will receive a partial-day rate that is seventy-five percent of the full-day rate when:
(a) The family home provider provides child care services for the child during a morning session and an afternoon session. A morning session begins at any time after 12:00 a.m. and ends before 12:00 p.m. An afternoon session begins at any time after 12:00 p.m. and ends before 12:00 a.m.;
(b) The child is absent from care in order to attend school or preschool; and
(c) The family home provider is not entitled to payment at the full-day rate.
(d) ((In no event will))A child care provider ((be))is not entitled to two partial-day rates totaling one hundred fifty percent of the daily rate.
(3) A single partial-day monthly unit will be authorized for a school-age child who attends a licensed family home child care and is:
(a) Eligible for a full-time authorization((, but is))and in care for less than five hours on a typical school day;
(b) Authorized for care with only one provider; and
(c) Expected to need care before and after school.
Partial-Day Monthly Rates
 
((July 1, 2019-June 30,))
July-August 2020
 
((July 1, 2020-June 30,))
September 2020 - June 2021
 
((September-June
monthly rate
July-August
monthly rate
 
September-June
monthly rate
July-August
monthly rate))
Region 1
$((396.18))603.90
(($491.04))
 
$((420.05))487.24
(($520.52))
Spokane
$((475.48))647.02
(($589.38))
 
$((503.88))522.03
(($624.58))
Region 2
$((443.75))647.02
(($550.00))
 
$((470.46))522.03
(($583.00))
Region 3
$((521.58))755.04
(($646.36))
 
$((552.82))609.18
(($685.08))
Region 4
$((573.63))755.04
(($710.82))
 
$((607.98))609.18
(($753.50))
Region 5
$((475.48))689.92
(($589.38))
 
$((503.88))556.64
(($624.58))
Region 6
$((459.59))636.90
(($569.58))
 
$((487.11))513.86
(($603.90))
(4) The monthly unit will be prorated for partial months of authorization.
(5) WAC 110-300-0005 and 110-300-0355 allow((s)) providers to care for children from birth up to and including the end of their eligibility period after their thirteenth birthday.
(6) The provider must obtain a child-specific and time-limited exception from DCYF to provide care for a child outside the age listed on the family home child care license.
(7) If ((the family home))a provider ((cares))is granted an exception to care for a child who is thirteen years of age or older((, the provider must follow WAC 110-300-0300 and 110-300-0355. A child who is thirteen years of age or older at application must meet the special needs requirement according to WAC 110-15-0220. If the provider has an exception to care for a child who has reached the child's thirteenth birthday,))at application or reapplication:
(a) The payment rate is the same as subsection (1) of this section and the five through twelve year age range column is used for comparison; and
(b) The child must meet the special needs requirement as described in WAC 110-15-0220.
(((7)))(8) DCYF pays family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (((8)))(9) of this section).
(((8)))(9) DCYF cannot pay family home child care providers to provide care for children in their care if the provider is:
(a) The child's biological, adoptive or step-parent;
(b) The child's legal guardian or the guardian's spouse or live-in partner; or
(c) Another adult acting in loco parentis or that adult's spouse or live-in partner.