12-02-077

WSR 12-02-077

PROPOSED RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed January 4, 2012, 10:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-12-076 and 10-15-116.

Title of Rule and Other Identifying Information: The department is proposing to revise rules in chapter 170-290 WAC, Working connections and seasonal child care subsidy programs; chapter 170-151 WAC, School age child care center minimum licensing requirements; chapter 170-295 WAC, Minimum licensing requirements for child care centers; and chapter 170-296A WAC, Licensed family home child care standards.

Hearing Location(s): Department of Early Learning (DEL), Tumwater Office, Nisqually Room, 6860 Capitol Boulevard S.E., Building 2, Tumwater, WA 98501, on Tuesday, February 7, 2012, at 6:00 p.m.; and at the Northeast Washington Educational Services District 101, 4202 South Regal, Spokane, WA 99223, on Saturday, February 11, 2012, at 11:00 a.m.

Individuals may arrive after the posted start time and still participate in these hearing[s]. However, the presiding officer may close the hearing if there are no public participants in attendance, or after all persons who indicated they wish to testify have done so. The public is encouraged to give input in writing.

The deadline for sending written comments on the proposed rules is midnight on Monday, February 13, 2012. See the "Submit Written Comments to" section of this notice about how to submit written input on this proposal.

DEL encourages the public to use of the department Facebook and DEL blog pages on the internet to post input about DEL programs and initiatives. However, for a written comment to be considered part of the official record for this proposal, the comment must be received at the on-line, e-mail, fax or postal mail locations as described in this notice under "Submit Written Comments to."

Everyone who comments on the proposed rules either in writing as provided in this notice or at a public hearing will receive the department's combined written response, called a concise explanatory statement. This statement is also available to anyone who requests it, by writing to the DEL Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, or by e-mailing Rules@del.wa.gov.

Date of Intended Adoption: Not earlier than February 14, 2012.

Submit Written Comments to: Department of Early Learning, Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, on-line at https://apps.del.wa.gov/PolicyProposalComment/Detail.aspx, e-mail Rules@del.wa.gov, fax (360) 413-3482, by February 13, 2012.

Assistance for Persons with Disabilities: Contact the DEL rules coordinator by February 2, 2012, (360) 725-4424.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules are intended to update the rules for several purposes, including to:

?	Improve child care subsidy program efficiencies, and to reduce potential fraud, waste and abuse by addressing issues identified in federal and state audits of the state's child care subsidy programs,
?	Implement applicable provisions of ESSB 5921 (chapter 42, Laws of 2011 1st sp. sess.),
?	Improve the quality of child care by extending certain health and safety requirements to license-exempt in-home/relative providers who provide subsidized child care in their home or the home of the child, as a condition of receiving subsidy payments, and
?	Otherwise improve clarity of existing child care subsidy requirements.

Audits by the joint legislative audit and review committee,¹ state auditor's office,² and United States General Accounting Office,³ indicate that Washington and other states need to improve eligibility and payment verification rules and procedures to increase accountability and reduce potential fraud and abuse in child care subsidy programs.

Specifically, the state auditor recommended: "DEL and DSHS (should) strengthen administrative rules to compel all licensed, certified and exempt providers to make records available immediately upon request. This would include allowing DSHS and DEL access to original child care attendance records and on-site visits of licensed child care centers, licensed family homes, and license exempt providers for the purpose of investigating suspected overpayments and fraud. In addition, incentives should be built into the rules to compel provider to provide immediate access, such as immediate suspension of the provider's subsidy payments."

Some of the changes recommended by these audits were made in DEL child care subsidy rules adopted on August 24, 2011, (filing number WSR 11-18-001). This proposal further implements subsidy program improvements identified in the audits, including but not limited to:

?	Verifying consumers' information supplied at initial application or reapplication for child care subsidy benefits;
?	Strengthening background check requirements for license exempt in-home/relative providers;
?	Strengthening rules regarding child attendance records in subsidized child care, and providing sanctions for providers who don't keep accurate attendance records to support their subsidy invoices to the state;
?	Requiring child providers to allow state auditors or investigators access to provider records related to children receiving subsidized child care;
?	Clarifying that licensed providers may bill for not more children than their license capacity allows;
?	Increasing child safety and health requirements for in-home/relative child care providers who are otherwise exempt from state licensing; and
?	Clarifying requirements regarding monthly child care copayments and the consumers' obligation to pay the copayment to their child care provider.

Section 11 of SB 5921 requires a parent or guardian receiving or applying for WCCC or seasonal child care (SCC) seek department of social and health services (DSHS) division of child support enforcement services as a condition of receiving child care subsidy benefits, unless the parent/guardian has good cause not to. The department revised WCCC rules in chapter 170-290 WAC consistent with SB 5921 in August 2011 - see permanent rules filed as WSR 11-18-001. The proposed rules revise SCC eligibility requirements to align with SB 5921 as well as clarify for both WCCC and SCC when a consumer may qualify for a "good cause" exemption.

Section 12 of SB 5921 also directed DEL to study the use of electronic systems for recording child attendance in subsidized child care. The proposed rules allow, but do not require, providers who are paid for providing subsidized child care to use either paper or electronic attendance records, provided that any electronic system meets the requirements in the proposed rules. This proposal includes new and amended sections of chapter 170-151 WAC, School-age center programs; chapter 170-295 WAC, Child care centers; and chapter 170-296A WAC, Family home child care, regarding paper and electronic child attendance records.

Proposal of this rule is consistent with state office of financial management guidance regarding implementation of Executive Order 10-06 suspending noncritical rule making (extended by Executive Order 11-03), but allowing rules to proceed that are:

"Required by federal or state law or required to maintain federally delegated or authorized programs;" or

"Necessary to protect public health, safety, and welfare or necessary to avoid an immediate threat to the state's natural resources ..."

DEL is the state's lead agency for receiving federal Child Care and Development Funds (CCDF), and for assuring state compliance with CCDF rules under Title 45 Code of Federal Regulations, chapter 98. The proposed rules are anticipated to help Washington state maintain accountability for CCDF funds and compliance with rules for this federally authorized program. The rules also implement applicable provisions of SB 5921, chapter 42, Laws of 2011 1st sp. sess.

Revised sections in this proposal increase health and safety requirements for nonlicensed providers of state-subsidized child care. These requirements are necessary to protect the safety, health and welfare of children in these nonlicensed care environments.

¹Department of Early Learning Review, Proposed Final Report June 21, 2011.

²Audit of State Payments to Child Care Providers, Report No. 1006484, September 21, 2011.

³Report to Congressional Addressees, September 2010 Child Care Development Fund, Undercover Tests Show Five State Programs Are Vulnerable to Fraud and Abuse. GAO-10-1062.

Reasons Supporting Proposal: The proposed rules are expected to increase accountability for receipt of federal moneys under the CCDF, reduce the potential for fraud, abuse or waste of child care subsidy funds, and improve safety and health for children in subsidized but license-exempt in-home/relative child care.

Statutory Authority for Adoption: RCW 43.215.070 and 43.215.060; chapter 43.215 RCW.

Statute Being Implemented: Chapter 43.215 RCW as amended by chapter 42, Laws of 2011 1st sp. sess.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The WCCC and SCC programs are operated jointly by DEL and DSHS. Under section 501 (uncodified) of chapter 265, Laws of 2006, DEL adopts rules and determines other policy for WCCC. DSHS accepts consumer applications for WCCC, determines each family's eligibility and manages payments to providers of subsidized child care. As of July 2011, these same roles apply to DEL and DSHS for the SCC program.

Name of Proponent: DEL, governmental.

Name of Agency Personnel Responsible for Drafting: Lynne Shanafelt, Licensing Admin., DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-2829; 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 create new costs for child care businesses that would be "more than minor" as defined in chapter 19.85 RCW. New and revised health and safety requirements in this proposal that may impose new costs that apply to license-exempt in-home/relative child care providers. In-home/relative providers - typically a relative, friend or neighbor of the parent or guardian needing child care - do not provide child care as a business; if they operated as a business they would need to be licensed. Licensed child care providers must already comply with the requirements in this proposal that are being extended to license-exempt in-home/relative child care providers.

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.

January 4, 2012

Elizabeth M. Hyde

Director

OTS-4527.3

AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08, effective 4/19/08)

WAC 170-151-020 Who needs to be licensed? (1) The person or organization operating a school-age child care center must receive a license from the department to provide school-age child care, in accordance with chapter 43.215 RCW.

(2) The department does not need to license the person or organization operating a school-age child care center if chapter 43.215 RCW exempts the person or organization from the licensing requirements. The person or organization claiming an exemption from the licensing requirements must provide the department proof of entitlement to the exemption at the licensor's request.

(3) You may use the following matrix to determine whether or not you are exempt from licensing:

Child care	Recreational
The child care facility assumes responsibility for the child and his welfare.	Children are free to come and go as they choose.
Children are signed in and can only be released to an authorized adult.	No responsibility is assumed in lieu of parent.
A specific registration procedure and required forms must be completed.	No registration form or procedure.
Must adhere to DEL standards; has specific requirements regarding staff-child ratio and group size.	No required staff-child ratio or group size requirements.
Specific DEL requirements regarding policies and procedures are in a parent handbook.	No specific detailed policies and procedures. General "house rules" apply at each site.
There are specific program goals and activities; calendars of activities are posted and available.	Activities occur on a daily basis; no long-term goals or activities exist.

(4) The person or organization that serves state-paid children must:

(a) Be licensed or certified;

(b) Follow billing policies and procedures in Child Care Subsidies, a ((~~brochure for providers, DEL 22-877~~)) Booklet for Licensed and Certified Providers, revised 2012; and

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-020, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-020, filed 7/13/06, effective 7/13/06. Statutory Authority: Chapter 74.15 RCW and RCW 34.05.395. 02-13-073, § 388-151-020, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-020, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-020, filed 12/30/92, effective 1/30/93.]

AMENDATORY SECTION(Amending WSR 08-08-012, filed 3/19/08, effective 4/19/08)

WAC 170-151-460 ((~~What program~~)) Child care records ((~~must I maintain?~~)). ((~~You~~)) Licensees must maintain the following ((~~documentation~~)) child care records on the premises for at least five years after the child leaves enrollment in care as provided in WAC 170-151-461:

(1) The daily attendance record:

(a) The parent, or other person authorized by the parent to take the child to or from the center, must sign in the child on arrival and must sign out the child at departure, using a full((~~, legal~~)) signature;

(b) When the child leaves the center to attend school or other offsite activity as authorized by the parent, ((~~your~~)) a staff person must sign out the child and sign in the child on return to the center; and

(c) Signed agreements between a program director and a parent where school-age child is allowed to leave the center on his or her own, must be verified by signature and dated by the director and parent. Staff may sign a child in/out whose parent has agreed in writing to let the child leave the center((.));

(2) Electronic attendance records if the child's attendance is recorded using an electronic system under WAC 170-151-462;

(3) A copy of the report sent to the department about any illness or injury to the child in care requiring medical treatment or hospitalization;

((~~(3)~~)) (4) The twelve-month record indicating the date and time ((~~you~~)) the licensee conducted the required monthly fire evacuation drills;

((~~(4)~~)) (5) A written plan for staff development specifying the content, frequency, and manner of planned training;

((~~(5)~~)) (6) Activity program plan records;

((~~(6)~~)) (7) A list of each child's allergies and dietary restrictions, if any;

((~~(7)~~)) (8) Any incident involving the use of physical restraint;

((~~(8)~~)) (9) A record of medication ((~~your~~)) staff gives to any child; ((~~and~~

~~(9)~~)) (10) A record of accidents and injuries((.)); and

((~~(10)~~)) (11) Personnel records as described in WAC 170-151-470(4).

[Statutory Authority: Chapter 43.215 RCW and 2006 c 265. 08-08-012, § 170-151-460, filed 3/19/08, effective 4/19/08. 06-15-075, recodified as § 170-151-460, filed 7/13/06, effective 7/13/06. Statutory Authority: RCW 74.15.020. 01-02-031, § 388-151-460, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 74.15 RCW. 93-02-020 (Order 3493), § 388-151-460, filed 12/30/92, effective 1/30/93.]

NEW SECTION
WAC 170-151-461 Recordkeeping -- Records available to the department. The licensee must keep all records required in this chapter for a minimum of five years:

(1) Current records (including records from the previous twelve months) must be kept in the licensed space and be available for the department's review.

(2) Records older than twelve months to five years old must be provided to the department within two weeks of the date of the department's written request.

[]

NEW SECTION
WAC 170-151-462 Electronic attendance records -- Records retention. (1) Licensees may use an electronic system to record attendance in lieu of a paper sign-in record.

(2) If an electronic system is used to record attendance, it must record either an electronic signature, swipe card, personal identification number (PIN), biometric reader, or similar action by the parent or designee when signing the child in and out of the licensee's care.

(3) The electronic system selected must ensure the authenticity, confidentiality, integrity, security, accessibility, and protection against repudiation of the electronic records, and must be able to:

(a) Produce an authentic, verifiable written record for each transaction upon demand that complies with all legal and other requirements regarding the record's structure, content, and time of creation or receipt;

(b) Authenticate (prove the identity of) the sender of the record and ensure that the electronic record has not been altered;

(d) Capture an electronic record for each transaction conducted;

(e) Maintain the integrity of electronic records as captured or created so that they can be accessed, displayed, and managed as a unit;

(f) Retain electronic records in an accessible form for their legal minimum retention period;

(g) Search and retrieve electronic records in the normal course of business throughout their entire legal minimum retention period;

(h) Produce authentic copies of electronic records and supply them in useable formats, including hard copies, for business purposes and all public access purposes;

(i) Develop an approach to maintain the authenticity and integrity of electronically signed electronic records;

(j) Ensure that the electronic system performs in an accurate, reliable, and consistent manner in the normal course of business; and

(k) Limit system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.

(4) Electronic attendance records must contain all of the information necessary to reproduce the entire electronic record and associated signatures in a form that permits the person viewing or printing the entire electronic record to verify:

(a) The contents of the electronic record;

(b) The method used to sign the electronic record, if applicable;

(d) The date when the signature was executed.

(5) As used in this section:

"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.

"Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record including, but not limited to, a digital signature. An electronic signature is a paperless way to sign a document using an electronic sound, symbol, or process, attached to or logically associated with a record, and executed or adopted by a person with the intent to sign the record.

"Sign" includes signing by physical signature, if available, or electronic signature.

[]

OTS-4528.4

AMENDATORY SECTION(Amending WSR 11-12-078, filed 5/31/11, effective 7/1/11)

WAC 170-290-0003 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

((~~(1)~~)) "Able" means being physically and mentally capable of caring for a child in a responsible manner.

((~~(2)~~)) "Authorization" means the documentation that DSHS gives to providers specifying units of full-day, half-day or hourly child care a family may receive during their eligibility period, which may be adjusted based on the family's need for care or changes in eligibility.

((~~(3)~~)) "Available" means being free to provide care when not participating in an approved work activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055 during the time child care is needed.

((~~(4)~~)) "Calendar year" means those dates between and including January 1st and December 31st.

((~~(5)~~)) "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.

((~~(6)~~)) "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.

((~~(7)~~)) "Copayment" means the amount of money the consumer is responsible to pay the child care provider toward the cost of child care each month.

((~~(8)~~)) "DEL" means the department of early learning.

((~~(9)~~)) "DSHS" means the department of social and health services.

((~~(10)~~)) "Days" means calendar days unless otherwise specified.

((~~(11)~~)) "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 an employee's pay stubs or DSHS employer verification form, 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.

((~~(12) "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.~~

~~(13)~~)) "In-home/relative provider((,))" or "license-exempt provider," referred to in the collective bargaining agreement as ((~~"license-exempt provider,~~)) "family, friends and neighbors provider" or "FFN provider," means ((~~those~~)) a provider((s)) who meets the requirements in WAC 170-290-0130 through 170-290-0167.

((~~(14)~~)) "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.

((~~(15)~~)) "Night shift" means employment for a minimum of six hours between the hours of 8 p.m. and 8 a.m.

"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.

((~~(16)~~)) "Seasonally available labor" or "seasonally available agricultural related work" means work that is available only in a specific season during part of the calendar year. The work is directly related to the cultivation, production, harvesting or processing of fruit trees or crops.

((~~(17)~~)) "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.

((~~(18)~~)) "Waiting list" means a list of families who are currently working and waiting for child care subsidies when funding is not available to meet the requests from all eligible families.

((~~(19)~~)) "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 child care subsidies for approvable activities that enable them to work, attend training, or enroll in educational programs outside the consumer's home.

[Statutory Authority: RCW 43.215.060, 43.215.070, and chapter 43.215 RCW. 11-12-078, § 170-290-0003, filed 5/31/11, effective 7/1/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0003, filed 10/28/09, effective 12/1/09.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0012 Verifying consumers' information. (1) A consumer must complete the DSHS application for WCCC benefits and provide all required information to DSHS to determine eligibility when:

(a) The consumer initially applies for benefits; or

(b) The consumer reapplies for benefits((;

~~(c) The consumer reports~~)).

(2) A consumer must provide verification to DSHS to determine if he or she continues to qualify for benefits during his or her eligibility period when there is a change of circumstances((;

~~(d) DSHS finds out that the consumer's circumstances may have changed; or~~

~~(e) The information DSHS has is inconsistent, conflicting, or outdated~~)) under WAC 170-290-0031.

((~~(2) The~~)) (3) All verification that ((~~the consumer gives~~)) is provided to DSHS must:

(a) Clearly relate to the information DSHS is requesting;

(b) Be from a reliable source; and

~~(d) As applicable, include, but not be~~)).

(4) If DSHS has reasonable cause to believe that the information is inconsistent, conflicting or outdated, DSHS may:

(a) Ask the consumer to provide DSHS with more verification or provide a collateral contact (a "collateral contact" is a statement from someone outside of the consumer's residence that knows the consumer's situation); or

(b) Send an investigator from the DSHS office of fraud and accountability (OFA) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).

(5) The verification that the consumer gives to DSHS includes, but is not limited to, the following:

((~~(i)~~)) (a) A current WorkFirst IRP for consumers receiving TANF;

((~~(ii)~~)) (b) Employer name, address, and phone number;

((~~(iii)~~)) (c) State business registration and license, if self-employed;

((~~(iv)~~)) (d) Work, school, or training schedule (when requesting child care for non-TANF activities);

((~~(v)~~)) (e) Hourly wage or salary;

((~~(vi)~~)) (f) Either the:

((~~(A)~~)) (i) Gross income for the last three months;

((~~(B)~~)) (ii) Federal income tax return for the preceding calendar year; or

((~~(C)~~)) (iii) DSHS employment verification form;

((~~(vii)~~)) (g) Monthly unearned income the consumer receives, such as child support or Supplemental Security Income (SSI) benefits;

((~~(viii)~~)) (h) If the other parent is in the household, the same information for them;

((~~(ix)~~)) (i) Proof that the child belongs to one of the following groups as defined in WAC 388-424-0001:

((~~(A)~~)) (i) A U.S. citizen;

((~~(B)~~)) (ii) A U.S. national;

((~~(C)~~)) (iii) A qualified alien; or

((~~(D)~~)) (iv) A nonqualified alien who meets the Washington state residency requirements as listed in WAC 388-468-0005;

((~~(x)~~)) (j) Proof of child enrollment in a head start, early head start or early childhood education and assistance program for twelve-month eligibility;

((~~(xi)~~)) (k) Name and phone number of the licensed child care provider; and

((~~(xii)~~)) (l) For the in-home/relative child care provider, a:

((~~(A)~~)) (i) Completed and signed criminal background check form;

((~~(B)~~)) (ii) Legible copy of the proposed provider's photo identification, such as a driver's license, Washington state identification, or passport;

((~~(C)~~)) (iii) Legible copy of the proposed providers' valid Social Security card; and

((~~(D)~~)) (iv) All other information required by WAC 170-290-0135.

((~~(3)~~)) (6) If DSHS requires verification from a consumer that costs money, DSHS must pay for the consumer's reasonable costs.

((~~(4) If the verification that a consumer provides to DSHS is inconsistent, conflicting, or outdated, DSHS may:~~

~~(b) Send an investigator from the division of fraud investigations (DFI) to make an unannounced visit to the consumer's home to verify the consumer's circumstances. See WAC 170-290-0025(9).~~

~~(5)~~)) (7) DSHS does not pay for a self-employed consumer's state business registration or license, which is a cost of doing business.

(8) If a consumer does not provide all of the verification requested, DSHS will determine if a consumer is eligible based on the information already available to DSHS.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0012, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0012, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0012, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0012, filed 3/29/04 and 4/7/04, effective 5/28/04.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0025 Consumers' rights. When a consumer applies for or receives WCCC benefits, the consumer has the right to:

(1) Be free from discrimination in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

(2) Have WCCC eligibility determined within thirty days from his or her application date per WAC 170-290-0095;

(3) Be informed, in writing, of his or her legal rights and responsibilities related to WCCC benefits;

(4) Receive a written notice at least ten days before DSHS makes changes to lower or stop benefits except as stated in WAC 170-290-0120;

(5) Ask for an administrative hearing if he or she does not agree with DSHS about a decision per WAC 170-290-0280;

(6) Ask a supervisor or administrator to review a decision or action affecting the consumer's benefits without affecting the right to an administrative hearing;

(7) Have an interpreter or translator service provided by DSHS within a reasonable amount of time and at no cost to the consumer;

(8) Choose a provider as long as the provider meets the requirements in WAC 170-290-0125;

(9) Ask the fraud early detection (FRED) investigator from the ((~~division~~)) DSHS office of fraud ((~~investigations (DFI)~~)) and accountability (OFA) to come back at another time. A consumer does not have to let an investigator into his or her home. This request will not affect the consumer's eligibility for benefits. If the consumer refuses to cooperate (provide the information requested) with the investigator, it could affect his or her benefits;

(10) Access his or her child at all times while the child is in child care;

(11) Terminate child care without cause and without notice to the provider. Notice must be given to DSHS within five days of termination;

(12) Not be charged by the consumer's licensed ((or)), certified, or license-exempt provider, or be made to pay for((:

~~(a)~~)) the difference between the provider's private rate and the state maximum rate, when the provider's private rate for child care ((~~or the registration fee~~)) is higher than the maximum state rate;

(13) Not be charged by the consumer's licensed or certified provider, or be made to pay for:

(a) The difference between the provider's registration fee and the state's maximum registration fee, when the provider's registration fee is higher;

(b) Any day when the consumer's child is absent;

(d) A higher amount than the state allows for field trips. If the consumer requests, and the provider has a written policy in place, the consumer may voluntarily pay the difference between the amount that the state allows and the actual field trip cost;

(e) A preschool tuition fee in addition to regular child care services; or

(f) Child care services after the final day of care, when the provider ((~~chooses to~~)) stops caring for the consumer's children.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0025, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0025, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0025, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0025, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0025, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0030 Consumers' responsibilities. When a person applies for or receives WCCC benefits, the applicant or consumer must, as a condition of receiving those benefits:

(1) Give DSHS correct and current information so DSHS can determine eligibility and authorize child care payments correctly;

(2) Choose a provider who meets requirements of WAC 170-290-0125;

(3) Pay((~~, or make a plan to have someone pay, the WCCC~~)) the copayment directly to the child care provider or arrange for a third party to pay the copayment directly to the provider;

(4) In cases of overdue or past due copayments, the consumer, as a condition of maintaining his or her eligibility, must do one or more of the following:

(a) Pay past or overdue copayments;

(b) Give DSHS a written agreement between the provider and consumer to verify that copayment arrangements include one or more of the following:

(i) An installment payment plan;

(ii) A collection agency payment plan;

(iii) In-kind services in lieu of paying the copayment; or

(iv) Forgiveness of the copayment from the provider; or

(c) Provide proof that the consumer has attempted to pay a copayment to a licensed provider who is no longer in business or a license-exempt provider who is no longer providing child care. "Proof" includes, but is not limited to, a return receipt that was signed for and not responded to, or a returned document that was not picked up;

(5) Only use WCCC benefits while the consumer is working or in WCCC approved activities outside the consumer's home((.));

((~~(5)~~)) (6) Pay the provider for child care services when he or she requests additional child care for personal reasons other than working or participating in WCCC approved activities that have been authorized by DSHS;

((~~(6)~~)) (7) Pay the provider for optional child care programs that he or she requests. The provider must have a written policy in place charging all families for these optional child care programs;

((~~(7)~~)) (8) Pay the provider the same late fees that are charged to other families, if the consumer pays a copayment late or picks up the child late;

((~~(8)~~)) (9) Ensure that care is provided in the correct home per WAC 170-290-130 if the consumer uses an in-home/relative provider, and monitor the in-home/relative provider's quality of care to ensure that the child's environmental, physical, nutritional, emotional, cognitive, safety, and social needs are being met;

((~~(9)~~)) (10) Cooperate (provide the information requested) with the ((~~quality assurance review~~)) child care subsidy audit process to remain eligible for WCCC. A consumer becomes ineligible for WCCC benefits upon a determination of noncooperation ((~~by quality assurance~~)) and remains ineligible until he or she meets ((~~quality assurance~~)) child care subsidy audit requirements. If DSHS determines that a consumer is not cooperating, the consumer will not be eligible for WCCC benefits. The consumer may become eligible again when he or she meets WCCC requirements in part II of this chapter;

((~~(10)~~)) (11) Provide the information requested by ((~~DSHS's WCCC staff or~~)) the fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA). If the consumer refuses to provide the information requested within fourteen days, it could affect his or her benefits;

((~~(11)~~)) (12) Document ((~~the children's attendance as described in WAC 170-290-0138, 170-295-7030, 170-296-0520, or 170-151-460, as applicable, for that type of provider~~)) their child's attendance in subsidized child care by having the consumer or other person authorized by the consumer to take the child to or from the child care:

(a) If the provider uses a paper attendance record, sign the child in on arrival and sign the child out at departure, using their full signature and writing the time of arrival and departure; or

(b) Record the child's attendance using an electronic system if used by the provider;

((~~(12)~~)) (13) Provide to his or her in-home/relative provider the names, addresses, and telephone numbers of persons who are authorized to pick up the child from care; ((~~and~~

~~(13)~~)) (14) Seek child support enforcement services from the DSHS division of child support, unless DSHS finds that the applicant or consumer has good cause not to cooperate as defined under WAC 388-422-0020 or as provided in (a) of this subsection.

(a) For the purposes of this subsection, "good cause" also includes the following:

(i) The applicant or consumer has a current court or administrative order showing the child support amount ordered on behalf of the child who will receive the child care subsidy benefits;

(ii) The applicant or consumer already complies with child support enforcement services, either voluntarily or to meet other public assistance benefits requirements;

(iii) The applicants or consumers are married parents, or unmarried two-parent families with a child in common needing child care living in the same household;

(iv) The applicant or consumer is a single-parent family when the other parent is deceased;

(v) The applicant or consumer is a single-parent family when the other parent is incarcerated for one year or longer;

(vi) The applicants or consumers are both minor parents; or

(vii) The DSHS division of child support does not have jurisdiction over the child support case, such as for tribal child support cases, child support cases in other states, or cases outside of the United States, whether or not the division of child support has a reciprocal agreement with that jurisdiction.

(b) Child support ordered on behalf of a child who will receive child care subsidy benefits does not affect the other children in the family who are not receiving child support. All other family size rules in WAC 170-290-0015 apply; and

(15) Ensure that their children who receive subsidized child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:

(a) A department of health (DOH) medical exemption form signed by a health care professional; or

(b) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0030, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0030, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0030, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0030, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0030, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0030, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-01-090, filed 12/14/10, effective 1/14/11)

WAC 170-290-0031 Notification of changes. When a consumer applies for or receives WCCC benefits, he or she must:

(1) Notify ((~~DSHS's WCCC staff~~)) DSHS, within five days, of any change in providers;

(2) Notify the consumer's provider within ten days when DSHS changes his or her child care authorization;

(3) Notify ((~~DSHS's WCCC staff~~)) DSHS within ten days of any change in:

(a) The number of child care hours the consumer needs (more or less hours);

(b) The consumer's countable income, including any TANF grant or child support increases or decreases, only if the change would cause the consumer's countable income to exceed the maximum eligibility limit as provided in WAC 170-290-0005 ((~~(2)(d)~~)). A consumer may notify ((~~DSHS's WCCC staff~~)) DSHS at any time of a decrease in the consumer's household income, which may lower the consumer's copayment under WAC 170-290-0085;

(d) Employment, school or approved TANF activity (starting, stopping or changing);

(e) The address and telephone number of the consumer's in-home/relative provider;

(f) The consumer's home address and telephone number; and

(g) The consumer's legal obligation to pay child support;

(4) Report to ((~~DSHS's WCCC staff~~)) DSHS, within twenty-four hours, any pending charges or conviction information the consumer learns about his or her in-home/relative provider; and

(5) Report to ((~~DSHS's WCCC staff~~)) DSHS, within twenty-four hours, any pending charges or conviction information the consumer learns about anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home.

[Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. 11-01-090, § 170-290-0031, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0031, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0031, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0031, filed 3/29/04 and 4/7/04, effective 5/28/04.]

AMENDATORY SECTION(Amending WSR 11-01-090, filed 12/14/10, effective 1/14/11)

WAC 170-290-0032 Failure to report changes. A consumer's failure to report changes as required in WAC 170-290-0031 within the stated time frames may cause:

(1) A copayment error. The consumer may be required to pay a higher copayment as stated in WAC 170-290-0085; or

(2) A WCCC payment error. If an overpayment occurs, the consumer may receive an overpayment for what the provider is allowed to bill, including billing for absent days (see publication Child Care Subsidies, A Booklet for Licensed and Certified Child Care Providers, ((~~DEL 22-877,~~)) revised ((~~2010~~)) 2012).

[Statutory Authority: RCW 43.215.060, 43.215.070, chapter 43.215 RCW, and 2010 c 273. 11-01-090, § 170-290-0032, filed 12/14/10, effective 1/14/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0032, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0032, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0032, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0032, filed 3/29/04 and 4/7/04, effective 5/28/04.]

NEW SECTION
WAC 170-290-0034 Providers' responsibilities. Child care providers who accept child care subsidies must do the following:

(1) Comply with:

(a) All of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified; or

(b) All of the requirements in WAC 170-290-0130 through 170-290-0167, 170-290-0250, and 170-290-0268, for child care providers who provide in-home/relative care;

(2) Report pending charges or convictions to DSHS as provided in:

(a) Chapter 170-295, 170-296A, or 170-151 WAC, for child care providers who are licensed or certified; or

(b) WAC 170-290-0138 (2) and (3), for child care providers who provide in-home/relative care;

(3) Keep complete and accurate daily attendance records for children in their care, and allow access to DEL or DSHS to inspect attendance records during all hours in which authorized child care is provided as follows:

(a) Current attendance records (including records from the previous twelve months) must be available immediately for review upon request by DSHS or DEL.

(b) Attendance records older than twelve months to five years old must be provided to DSHS or DEL within two weeks of the date of a written request from either department.

(i) Result in the immediate suspension of the provider's subsidy payments; and

(ii) Establish a provider overpayment as provided in WAC 170-290-0268;

(4) Allow consumers access to their child at all times while the child is in care;

(5) Collect copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment to the provider within the previous sixty days;

(6) Follow billing procedures:

(a) As described in "Child Care Subsidies: A Booklet for Licensed and Certified Child Care Providers," revised 2012, for licensed and certified providers, including billing only for actual hours of child care both authorized and provided or allowed under WCCC billing guidelines; or

(b) As described in "In-Home/Relative Child Care Providers: Information to Help You," revised 2012, for in-home/relative providers, including billing only for actual hours of child care both authorized and provided;

(7) Not claim a payment in any month in which a child has not attended at least one day in that month;

(8) Invoice the state no later than one calendar year after the actual date of service;

(9) For both licensed and certified providers and in-home/relative providers, not charge subsidized families the difference between the provider's customary rate and the maximum allowed state rate; and

(10) For licensed and certified providers, not charge subsidized families for:

(a) Registration fees in excess of what is paid by subsidy program rules;

(b) Absence days in excess of five days per month, regardless of whether the child attended or not;

(d) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or

(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state.

[]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0035 DSHS's responsibilities to consumers. ((~~DSHS's WCCC staff~~)) DSHS is responsible to:

(1) Treat consumers in accordance with all applicable federal and state nondiscrimination laws, regulations, and policies;

(2) Determine a consumer's eligibility within thirty days from the date the consumer applied (application date as described in WAC 170-290-0095);

(3) Allow a consumer to choose his or her provider as long as the provider meets the requirements in WAC 170-290-0125;

(4) Review a consumer's chosen in-home/relative provider's background check results;

(5) Authorize payments only to child care providers who allow a consumer to access his or her children whenever they are in care;

(6) Only authorize payment when no adult in a consumer's family (under WAC 170-290-0015) is able or available (under WAC 170-290-0003) to care for the consumer's children;

(7) Inform a consumer of:

(a) His or her rights and responsibilities under the WCCC program at the time of application and reapplication;

(b) The types of child care providers DSHS can pay;

(d) Any change in a consumer's copayment during the authorization period except under WAC 170-290-0120(5).

(8) Respond to a consumer within ten days if the consumer reports a change of circumstance that affects the consumer's:

(a) WCCC eligibility;

(b) Copayment; or

(9) Provide prompt child care payments to a consumer's child care provider;

(10) Provide an interpreter or translator service within a reasonable amount of time and at no cost to the consumer; ((~~and~~))

(11) Ensure that Social Security cards, driver's licenses, or other government-issued identification for in-home/relative providers are valid and verified; and

(12) For providers who care for children in states bordering Washington, verify that they are currently complying with their state's licensing regulations.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0035, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0035, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0035, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0035, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0035, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0035, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0035, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0040 Approved activities for ((~~TANF~~)) consumers participating in WorkFirst. ((~~If a consumer receives a temporary assistance for needy families (TANF) grant, he or she~~)) Applicants and consumers who participate in WorkFirst activities may be eligible for WCCC benefits((,)) for the following approved activities in ((~~his or her~~)) their individual responsibility plans (IRPs), for up to a maximum of sixteen hours per day, including:

(1) An approved WorkFirst activity under WAC 388-310-0200, with the following exception: In-home/relative providers who are paid child care subsidies to care for children receiving WCCC benefits may not receive those benefits for their own children during the hours in which they provide subsidized child care. These consumers may be eligible for other approved activities in their IRPs;

(2) Employment as defined in WAC 170-290-0003;

(3) Self-employment as defined in WAC 170-290-0003 and as described in the consumer's current WorkFirst IRP;

(4) Transportation time between the location of child care and the consumer's place of employment or approved activity;

(5) Up to ten hours per week of study time for approved classes; and

(6) Up to eight hours ((~~per day~~)) of sleep time ((~~when it is needed, such as if the consumer works nights and sleeps days~~)) before or after a night shift.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0040, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0040, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0040, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0040, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0040, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0040, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0045 Approved activities for consumers not ((~~receiving TANF~~)) participating in WorkFirst. ((~~If a consumer does not receive TANF,~~)) This section applies to applicants and consumers of WCCC who do not participate in WorkFirst activities:

(1) General requirements for employment or self-employment. He or she may be eligible for WCCC benefits for((:

~~(1)~~)) up to a maximum of sixteen hours per day, including travel, study, and sleep time((~~, for the hours of his or her participation in the following~~)) before or after a night shift, when he or she is:

(a) ((~~Employment as defined in~~)) Employed under WAC 170-290-0003; or

(b) ((~~Self-employment as defined in~~)) Self-employed under WAC 170-290-0003((~~; (c)~~)).

(2) Special requirements for education and training.

(a) An applicant or consumer who is under twenty-two years of age may be eligible for WCCC benefits for high school (HS) or general ((~~equivalency diploma~~)) educational development (GED) program ((~~until the consumer reaches his or her twenty-second birthday (the consumer may be enrolled in a HS or GED program without a minimum number of employment hours);~~

~~(d) Approved WorkFirst activities according to WAC 388-310-0200 or 388-310-0700 if the consumer is a TANF applicant; or~~

~~(e) Food stamp employment and training program under chapter 388-444 WAC.~~

~~(2) If a consumer is participating in an activity listed in subsections (3) through (8) of this section, he or she may be eligible for~~)) without a minimum number of employment hours.

(b) An applicant or consumer who is twenty-two years of age or older:

(i) May be eligible to receive the benefits under this subsection only once during his or her lifetime. In order to qualify for the general education and training benefits under this subsection, he or she must work either:

(A) Twenty or more hours per week of unsubsidized employment; or

(B) Sixteen or more hours per week in a paid federal or state work study program;

(ii) Is limited to up to twenty-four consecutive months of WCCC benefits for participation in:

(A) Adult basic education (ABE);

(B) English as a second language (ESL);

(D) Food stamp employment and training program under chapter 388-444 WAC; and

(iii) Is limited to up to thirty-six consecutive months of WCCC benefits ((~~as described in subsection (1) of this section if the consumer is actually working either:~~

~~(a) Twenty or more hours per week; or~~

~~(b) Sixteen or more hours per week in a paid federal or state work study program.~~

~~(3) Adult basic education (ABE).~~

~~(4) English as a second language (ESL).~~

~~(5) High school or GED completion if the consumer is twenty-two years of age or older.~~

~~(6)~~)) for participation in vocational education (Voc Ed). The ((~~Voc Ed~~)) vocational education program must((:

~~(a)~~)) lead to a degree or certificate in a specific occupation((;

~~(b) Cannot include prerequisite classes or programs; and~~

~~(c)~~)) and be offered by the following accredited entities only:

((~~(i)~~)) (A) Public and private technical college or school;

((~~(ii)~~)) (B) Community college; or

((~~(iii)~~)) (C) Tribal college.

(((7) Job skills training: For no more than fourteen consecutive days. Job skills training is not tied to a specific occupation but is training in specific skills directly related to employment, such as CPR/First Aid, keyboarding, computer programs, project management, and oral and written communication skills. Training offered or required by a current employer, at or off the consumer's job site, may extend past the fourteen consecutive day limit.

~~(8) Post-employment services under WAC 388-310-1800.~~

(9) Child care for participation in Voc Ed is limited to thirty-six months regardless of the length of the educational program. The thirty-six months includes the months in which the following occurred at the same time:

~~(a) WCCC benefits were paid to support the consumer's participation in a Voc Ed program; or~~

~~(b) The consumer or someone in his or her household received TANF benefits.~~

~~(10) WCCC may be approved for activities listed in WAC 170-290-0040 (4), (5), and (6), when needed.~~))

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0045, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0045, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0045, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.12.340. 06-12-094, § 388-290-0045, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0045, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0045, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0045, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0060 Countable income. DSHS counts income as money an applicant or consumer earns or receives from:

(1) A TANF grant, except when the grant is for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

(2) The following child support payment amounts:

(a) For applicants or consumers who are not receiving DSHS division of child support services because they are exempt for good cause under WAC 170-290-0030 ((~~(13)~~)) (14)(a)((~~(i)~~)), the amount as shown on a current court or administrative order; or

(b) For applicants or consumers who are receiving DSHS division of child support services, the amount as verified by the DSHS division of child support;

(3) Supplemental Security Income (SSI);

(4) Other Social Security payments, such as SSA and SSDI;

(5) Refugee assistance payments;

(6) Payments from the Veterans' Administration, disability payments, or payments from labor and industries (L&I);

(7) Unemployment compensation;

(8) Other types of income not listed in WAC 170-290-0070;

(9) VISTA volunteers, AmeriCorps, and Washington Service Corps (WSC) if the income is taxed;

(10) Gross wages from employment or self-employment as defined in WAC 170-290-0003. Gross wages includes any wages that are taxable;

(11) Corporate compensation received by or on behalf of the consumer, such as rent, living expenses, or transportation expenses;

(12) Lump sums as money a consumer receives from a one-time payment such as back child support, an inheritance, or gambling winnings; and

(13) Income for the sale of property as follows:

(a) If a consumer sold the property before application, DSHS considers the proceeds an asset and does not count as income;

(b) If a consumer sold the property in the month he or she applies or during his or her eligibility period, DSHS counts it as a lump sum payment as described in WAC 170-290-0065(2);

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0060, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0060, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0060, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0060, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0060, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0070 Excluded income and deductions. (1) The WCCC program does not count the following income types when determining a consumer's income eligibility and copayment:

(a) Income types as defined in WAC 388-450-0035, 388-450-0040, and 388-450-0055;

(b) Compensatory awards, such as an insurance settlement or court-ordered payment for personal injury, damage, or loss of property;

(d) Reimbursements, such as an income tax refund;

(e) Diversion cash assistance;

(f) Military housing and food allowance;

(g) The TANF grant for the first three consecutive calendar months after the consumer starts a new job. The first calendar month is the month in which he or she starts working;

(h) Payments to the consumer from his or her employer for benefits such as medical plans;

(i) Earned income of a WCCC family member defined under WAC 170-290-0015(2);

(j) Income of consumers described in WAC 170-290-0005 (1)(c)(iii) through ((~~(i)~~)) (ix);

(k) Earned income from a minor child who DSHS counts as part of the consumer's WCCC household; and

(l) Benefits received by children of Vietnam War veterans who are diagnosed with any forms of manifestations of spina bifida except spina bifida occulta.

(2) WCCC deducts the amount a consumer pays for child support under court order, division of child support administrative order, or tribal government order, from the consumer's other countable income when figuring his or her eligibility and copayment for the WCCC program.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0070, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0070, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0070, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0070, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0070, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0085 Change in copayment. (1) ((~~Once DSHS determines that a consumer is eligible for WCCC benefits, his or her~~)) A consumer's copayment may change when:

(a) The consumer's monthly income decreases;

(b) The consumer's family size increases;

(d) The consumer did not report all income, activity and household information at the time of ((~~eligibility determination or~~)) application((/)), reapplication, or when reporting a change in circumstances;

(e) The consumer is no longer eligible for the minimum copayment under WAC 170-290-0090;

(f) DEL makes a mass change in benefits due to a change in law or program funding;

(g) The consumer is approved for a new eligibility period; or

(h) The consumer is approved for the fourteen-day wait period or twenty-eight-day gap period as provided in WAC 170-290-0055.

(2) ((~~If a consumer's~~)) Copayment changes ((~~during his or her eligibility period, the change is~~)) are effective on the first day of the month immediately following ((~~DSHS becoming aware of the change~~)) the date the copayment change was made.

(3) DSHS does not increase a consumer's copayment during his or her current eligibility period when his or her countable income remains at or below the maximum eligibility limit as provided in WAC 170-290-0005, and:

(a) The consumer's monthly countable income increases; or

(b) The consumer's family size decreases.

[Statutory Authority: Chapter 43.215 RCW, RCW 43.215.060, 43.215.070, 2011 1st sp.s. c 42, 2011 1st sp.s. c 50, and 2006 c 265 § 501. 11-18-001, § 170-290-0085, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0085, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0085, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0085, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0085, filed 6/27/02, effective 8/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0085, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0090 Minimum copayment. (1) The minimum copayment is paid when the consumer has countable monthly income at or below eighty-two percent of the federal poverty guidelines.

(2) First application. The consumer pays the minimum copayment when he or she first applies for WCCC, and benefits are paid. The consumer pays the minimum copayment beginning in the month that DSHS pays for WCCC child care services, and the first full calendar month thereafter.

(3) Reapplication. The consumer pays the minimum copayment when the consumer reapplies for WCCC after a break of at least thirty days in his or her approved activity. The consumer pays the minimum copayment beginning in the month that DSHS pays for WCCC child care services, and the first full calendar month thereafter.

(4) The consumer pays the minimum copayment when he or she is a minor parent, and:

(a) Receives TANF; or

(b) Is part of the parent's or relative's TANF assistance unit.

(5) Two-parent families automatically qualify for the minimum copayment during a twenty-eight-day gap period in WAC 170-290-0055 only if both parents meet the gap requirements. Otherwise, eligibility workers must determine the change in copayment based on the family's countable income and family size, as specified in WAC 170-290-0065 and 170-290-0085.

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0090, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0090, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0090, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0090, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0110 Termination of and redetermining eligibility for benefits. (1) DSHS stops a consumer's eligibility for WCCC benefits when:

(a) The consumer's monthly copayment is higher than the state maximum monthly rate for all of the consumer's children in care under WAC 170-290-0005; or

(b) The consumer does not:

(i) ((~~Pay copayment fees assessed by DSHS and the consumer does not make mutually acceptable arrangements with his or her child care provider to pay the copayment;~~)) Comply with the copayment requirements of WAC 170-290-0030 (3) and (4);

(ii) Complete the requested application or reapplication before the deadline noted in WAC 170-290-0109 (2)(a);

(iii) Meet other WCCC eligibility requirements related to family size, income and approved activities; or

(iv) Cooperate with the ((~~quality assurance review~~)) child care subsidy audit process or with the DSHS ((~~division of fraud investigations~~)) office of fraud and accountability (OFA).

(2) A consumer may be eligible for WCCC again ((~~when~~)) beginning on the date that the consumer:

(a) Meets all WCCC eligibility requirements((~~, and:~~

~~(a) The consumer paid back copayment fees~~));

(b) ((~~The consumer made mutually acceptable payment arrangements with his or her child care provider; or~~)) Complies with the copayment requirements of WAC 170-290-0003 (3) and (4); and

(c) ((~~The consumer cooperated~~)) Cooperates with the ((~~quality assurance review~~)) child care subsidy audit process or with the DSHS ((~~division~~)) office of fraud ((~~investigations~~)) and accountability (OFA).

[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0110, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0110, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0110, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0110, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0135 In-home/relative providers -- Information provided to DSHS. (1) When a consumer chooses in-home/relative child care, the consumer and the provider must give DSHS the following information:

(a) The in-home/relative provider's legal name, address, and telephone number;

(b) A copy of the provider's valid Social Security card;

(d) A completed, signed and dated background check form; and

(e) A completed WCCC application form, signed and dated by the consumer and the provider, in which they both attest that the provider is:

(i) Of suitable character and competence;

(ii) Of sufficient physical and mental health to be a safe child care provider and meet the needs of the children in care;

(iii) Able to work with the children without using corporal punishment or psychological abuse;

(iv) Able to accept and follow instructions;

(v) Able to maintain personal cleanliness;

(vi) Prompt and regular in job attendance; and

(vii) Informed about basic health practices, prevention and control of infectious disease, and immunizations.

(2) If DSHS requests it, the consumer and/or the provider must provide written medical or legal evidence that the in-home/relative provider is of sufficient physical and mental health to provide safe, reliable and developmentally appropriate child care services.

(3) When a consumer chooses in-home/relative child care, the provider must give DSHS information as to whether an individual sixteen years of age or older living with the provider is a registered sex offender.

[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0135, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0135, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0135, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0135, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0135, filed 5/31/02, effective 7/1/02. Statutory Authority: RCW 74.04.050 and C.F.R. Parts 98 and 99 (Child Care Development Fund Rules). 02-01-135, § 388-290-0135, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09, effective 12/1/09)

WAC 170-290-0138 In-home/relative providers -- Responsibilities. An in-home/relative provider must:

(1) Provide care, supervision, and daily activities based on the child's developmental needs;

(2) Report to DSHS within ten days any changes to their legal name, address or telephone number;

(3) Report to DSHS within twenty-four hours any pending charges or convictions they have;

(4) Report to DSHS within twenty-four hours any pending charges or convictions for anyone sixteen years of age and older who lives with the provider, including any person sixteen years of age or older who newly resides with the provider, when the provider cares for the child in the provider's home. Background checks must be completed for these persons as provided in WAC 170-290-0143;

(5) Bill only for actual hours of care provided. Those hours must be authorized by DSHS, and used by the consumer for his or her DSHS approved activities;

(6) Bill for no more than six children at one time during the same hours of care;

(7)(a) If paper attendance records are used, have the consumer sign and date the attendance records at least weekly, verifying the accuracy of the dates and times.

(b) Providers may use an electronic attendance system as provided in WAC 170-290-0139 to record attendance in lieu of a paper sign-in record.

(8) ((~~Have the consumer sign and date the records at least weekly, verifying the accuracy of the dates and times;~~

~~(9)~~)) Repay any overpayments under WAC 170-290-0268; and

((~~(10) Provide any of the records in subsections (7) and (8) of this section that are requested by DSHS or DEL, within fourteen consecutive calendar days of the request.~~)) (9) Have at least one working telephone accessible in the home for incoming and outgoing calls during all times that subsidized child care is provided. The telephone must have 911 emergency services calling access.

[Statutory Authority: RCW 43.215.060, 43.215.070, 43.43.832(6), 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0138, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0138, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0138, filed 10/31/05, effective 12/1/05.]

NEW SECTION
WAC 170-290-0139 In-home/relative providers -- Electronic attendance records -- Records retention. (1) In-home/relative providers must record attendance as provided in WAC 170-290-0138(7).