12-22-006

WSR 12-22-006

EMERGENCY RULES

DEPARTMENT OF

EARLY LEARNING

[ Filed October 26, 2012, 10:17 a.m. , effective October 26, 2012, 10:17 a.m. ]

Effective Date of Rule: Immediately.

Purpose: To implement certain bills enacted by the 2012 legislature and signed by the governor:

?	Regarding raising the cutoff of eligibility for working connections child care (WCCC) subsidies from one hundred seventy-five percent of the federal poverty level (FPL), to two hundred percent of the FPL.
?	Regarding increasing the authorization period for WCCC from six months to twelve months.

Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0005, 170-290-0012, 170-290-0031, 170-290-0075, 170-290-0082, 170-290-0020 [170-290-0200], 170-290-0205, 170-290-0225, and 170-290-0230.

Statutory Authority for Adoption: Chapter 43.215 RCW.

Other Authority: SB 6226, 3ESHB 2127.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: 3ESHB 2127 directs the department to raise the cutoff eligibility for WCCC subsidies from one hundred seventy-five percent of the FPL to two hundred percent of the FPL. SSB 6226 directs the department to increase the authorization period for WCCC from six to twelve months.

Correcting typographical errors regarding ages of children whose families are eligible to receive WCCC subsidies are necessary for the preservation of the general welfare of the public.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 0.

Date Adopted: October 26, 2012.

Elizabeth M. Hyde

Director

OTS-4858.2

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

WAC 170-290-0005 Eligibility. (1) Parents. To be eligible for WCCC, the person applying for benefits must:

(a) Have parental control of one or more eligible children;

(b) Live in the state of Washington;

(i) Parent, either biological or adopted;

(ii) Stepparent;

(iii) Legal guardian verified by a legal or court document;

(iv) Adult sibling or step-sibling;

(v) Nephew or niece;

(vi) Aunt;

(vii) Uncle;

(viii) Grandparent;

(ix) Any of the relatives in (c)(vi), (vii), or (viii) of this subsection with the prefix "great," such as great-aunt; or

(x) An approved in loco parentis custodian responsible for exercising day-to-day care and control of the child and who is not related to the child as described above;

(d) Participate in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or have been approved per WAC 170-290-0055;

(e) Comply with any special circumstances that might affect WCCC eligibility under WAC 170-290-0020;

(f) Have countable income at or below ((~~one~~)) two hundred ((~~seventy-five~~)) percent of the federal poverty guidelines (FPG). The consumer's eligibility shall end if the consumer's countable income is greater than ((~~one~~)) two hundred ((~~seventy-five~~)) percent of the FPG;

(g) Not have a monthly copayment that is higher than the state will pay for all eligible children in care;

(h) Complete the WCCC application and DSHS verification process regardless of other program benefits or services received; and

(i) Meet eligibility requirements for WCCC described in Part II of this chapter.

(2) Children. To be eligible for WCCC, the child must:

(a) Belong to one of the following groups as defined in WAC 388-424-0001:

(i) A U.S. citizen;

(ii) A U.S. national;

(iii) A qualified alien; or

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

(b) Live in Washington state, and be:

(i) Less than age thirteen; or

(ii) Less than age nineteen, and:

(A) Have a verified special need, according WAC 170-290-0220; or

(B) Be under court supervision.

[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, § 170-290-0005, 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, § 170-290-0005, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0005, 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, § 388-290-0005, 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, § 388-290-0005, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

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.

(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 under WAC 170-290-0031.

(3) All verification that is provided to DSHS must:

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

(b) Be from a reliable source; and

(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:

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

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

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

(e) Hourly wage or salary;

(f) Either the:

(i) Gross income for the last three months;

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

(iii) DSHS employment verification form;

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

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

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

(i) A U.S. citizen;

(ii) A U.S. national;

(iii) A qualified alien; or

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

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

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

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

(i) Completed and signed criminal background check form;

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

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

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

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

(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: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0012, filed 5/8/12, effective 6/8/12. 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 12-11-025, filed 5/8/12, effective 6/8/12)

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

(1) Notify 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 within ten days of any significant change ((in)) related to the consumer's copayment or eligibility, including:

(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. A consumer may notify 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, 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, 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 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0031, filed 5/8/12, effective 6/8/12. 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 11-18-001, filed 8/24/11, effective 9/24/11)

WAC 170-290-0075 Determining income eligibility and copayment amounts. (1) DSHS takes the following steps to determine a consumer's eligibility and copayment:

(a) Determine the consumer's family size (under WAC 170-290-0015); and

(b) Determine the consumer's countable income (under WAC 170-290-0065).

(2) Before February 1, 2011, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$50
(c) Above 137.5% of the FPG through 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 44%, then adding $50
(d) Above 175% of the FPG, a consumer is not eligible for WCCC benefits.

(3) Effective February 1, 2011, through February 28, 2011, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$60
(c) Above 137.5% of the FPG through 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 44%, then adding $60
(d) Above 175% of the FPG, a consumer is not eligible for WCCC benefits.

(4) ((~~On or after~~)) Effective March 1, 2011, through June 30, 2012, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$65
(c) Above 137.5% of the FPG through 175% of the FPG.	The dollar amount equal to subtracting 137.5% of FPG from countable income, multiplying by 50%, then adding $65
(d) Above 175% of the FPG, a consumer is not eligible for WCCC benefits.

(5) On or after July 1, 2012, if the consumer's family countable monthly income falls within the range below, then his or her copayment is:

IF A CONSUMER'S INCOME IS:	THEN THE CONSUMER'S COPAYMENT IS:
(a) At or below 82% of the federal poverty guidelines (FPG).	$15
(b) Above 82% of the FPG up to 137.5% of the FPG.	$65
(c) Above 137.5% of the FPG through 200% of the FPG.	The dollar amount equal to subtracting 137.5% of the FPG from countable income, multiplying by 50%, then adding $65.
(d) Above 200% of the FPG, a consumer is not eligible for WCCC benefits.

(6) DSHS does not prorate the copayment when a consumer uses care for part of a month.

((~~(6)~~)) (7) The FPG is updated every year on April 1. The WCCC eligibility level is updated at the same time every year to remain current with the FPG.

[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, § 170-290-0075, 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, § 170-290-0075, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0075, 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, § 388-290-0075, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-14-067, § 388-290-0075, 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, § 388-290-0075, filed 12/19/01, effective 1/19/02.]

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

WAC 170-290-0082 Eligibility period. (1) ((~~Six-month eligibility.~~

~~(a)~~)) A consumer who meets all of the requirements of part II of this chapter is eligible to receive WCCC subsidies for ((~~six~~)) twelve months before having to redetermine his or her income eligibility((~~, except as provided in subsection (2) of this section~~)). The ((~~six-month~~)) twelve-month eligibility period in this subsection applies only if enrollments in the WCCC program are capped as provided in WAC 170-290-0001(1). Regardless of the length of eligibility, consumers are still required to report changes of circumstances to DSHS as provided in WAC 170-290-0031.

((~~(b)~~)) (2) A consumer's eligibility may be for less than ((~~six~~)) twelve months if:

((~~(i)~~)) (a) Requested by the consumer; or

((~~(ii)~~)) (b) A TANF consumer's individual responsibility plan indicates child care is needed for less than ((~~six~~)) twelve months.

((~~(c)~~)) (3) A consumer's eligibility may end sooner than ((~~six~~)) twelve months if:

((~~(i)~~)) (a) The consumer no longer wishes to participate in WCCC; or

((~~(ii)~~)) (b) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.

(((2) Twelve-month eligibility.

(a) A consumer who meets all of the requirements of part II of this chapter, and has a child receiving services from head start (HS), early head start (EHS), or an early childhood education and assistance program (ECEAP), is eligible for WCCC subsidies for twelve months.

~~(b) A consumer's eligibility may be for less than twelve months if:~~

~~(i) Requested by the consumer; or~~

~~(ii) A TANF consumer's individual responsibility plan indicates child care is needed for less than twelve months.~~

~~(c) The consumer's eligibility may end sooner than twelve months if:~~

~~(i) The consumer no longer wishes to participate in WCCC; or~~

~~(ii) DSHS terminates the consumer's eligibility as stated in WAC 170-290-0110.~~

~~(d)~~)) (4) All children in the consumer's household under WAC 170-290-0015 are eligible for the twelve-month eligibility period.

((~~(e)~~)) (5) The twelve-month eligibility period begins:

((~~(i)(A)~~)) (a) When benefits begin under WAC 170-290-0095; or

((~~(B)~~)) (b) Upon reapplication under WAC 170-290-0109(4)((~~; and~~

~~(ii) When DSHS verifies that the child is receiving services from HS, EHS, or ECEAP.~~

~~(f) The twelve-month eligibility continues regardless of whether the child continues to receive services from HS, EHS, or ECEAP.~~

(g) During a consumer's twelve-month eligibility period, parent education and family development classes offered by HS, EHS, or ECEAP are approved activities. As funds are available, other DEL-approved parent education and family development classes may be authorized.

(h) Each child who is receiving services from HS, EHS, or ECEAP and is receiving WCCC subsidies will be assigned a unique early learning student identifier. Student information may be merged with information from the office of superintendent of public instruction, the education research and data center, or both, to measure the child's educational progress from preschool through grade twelve)).

[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, § 170-290-0082, filed 8/24/11, effective 9/24/11. Statutory Authority: RCW 43.215.060, 43.215.070, 2010 c 273, chapter 43.215 RCW, and 2006 c 265. 10-15-063 and 10-16-128, § 170-290-0082, filed 7/15/10 and 8/3/10, effective 9/1/10. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0082, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0082, 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, § 388-290-0082, filed 3/29/04 and 4/7/04, effective 5/28/04.]

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0200 Daily child care rates -- Licensed or certified child care centers and DEL contracted seasonal day camps. (1) Base rate. DSHS pays the lesser of the following to a licensed or certified child care center or DEL 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:

		Infants (One month - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$28.53 $14.28	$23.99 $12.00	$22.67 $11.34	$21.34 $10.67
Spokane County	Full-Day Half-Day	$29.18 $14.61	$24.54 $12.28	$23.19 $11.61	$21.83 $10.91
Region 2	Full-Day Half-Day	$28.81 $14.41	$24.05 $12.03	$22.30 $11.15	$19.73 $9.88
Region 3	Full-Day Half-Day	$38.13 $19.07	$31.79 $15.89	$27.46 $13.73	$26.67 $13.34
Region 4	Full-Day Half-Day	$44.38 $22.63	$37.06 $18.54	$31.09 $15.55	$28.00 $14.00
Region 5	Full-Day Half-Day	$32.54 $16.26	$28.00 $14.00	$24.65 $12.32	$21.88 $10.95
Region 6	Full-Day Half-Day	$31.99 $16.01	$27.46 $13.73	$23.99 $12.00	$23.46 $11.74

(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 170-295-0010 allows providers to care for children from one month up to and including the day before their thirteenth birthday. The provider must obtain a child-specific and time-limited exception from their child care licensor to provide care for a child outside the age listed on the center's license. If the provider has an exception to care for a child who has reached his or her thirteenth birthday, the payment rate is the same as subsection (1) of this section, and the five ((to)) through twelve year age range column is used for comparison.

(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 the child must meet the special needs requirement according to WAC 170-290-0220.

[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0200, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0200, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0200, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0200, filed 9/30/05, effective 11/1/05. 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, § 388-290-0200, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0200, 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, § 388-290-0200, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0205 Daily child care rates -- Licensed or certified family home child care providers. (1) Base rate. DSHS 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.

		Infants (Birth - 11 mos.)	Enhanced Toddlers (12 - 17 mos.)	Toddlers ( 18 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - ((11)) 12 yrs)
Region 1	Full-Day Half-Day	$24.29 $12.14	$24.29 $12.14	$21.12 $10.56	$21.12 $10.56	$18.78 $9.39
Spokane County	Full-Day Half-Day	$24.84 $12.42	$24.84 $12.42	$21.60 $10.80	$21.60 $10.80	$19.21 $9.60
Region 2	Full-Day Half-Day	$25.65 $12.82	$25.65 $12.82	$22.30 $11.15	$19.95 $9.97	$19.95 $9.97
Region 3	Full-Day Half-Day	$34.03 $17.02	$34.03 $17.02	$29.33 $14.67	$25.81 $12.91	$23.46 $11.74
Region 4	Full-Day Half-Day	$40.04 $20.03	$40.04 $20.03	$34.81 $17.42	$29.33 $14.67	$28.16 $14.08
Region 5	Full-Day Half-Day	$26.99 $13.50	$26.99 $13.50	$23.46 $11.74	$22.30 $11.15	$19.95 $9.97
Region 6	Full-Day Half-Day	$26.99 $13.50	$26.99 $13.50	$23.46 $11.74	$23.46 $11.74	$22.30 $11.15

(2) The family home child care WAC ((~~170-296-0020~~)) 170-296A-0010 and ((~~170-296-1350~~)) 170-296A-5550 allows providers to care for children from birth up to and including the day before their ((~~twelfth~~)) thirteenth birthday. ((The provider must obtain a child-specific and time-limited exception from their child care licensor to provide care for a child outside the age listed on their license. If the provider has an exception to care for a child who has reached their twelfth birthday, the payment rate is the same as subsection (1) of this section, and the five to eleven year age range column is used for comparison.))

(3) If the family home provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited exception and the child must meet the special needs requirement according to WAC 170-290-0220.

(4) DSHS pays family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (5) of this section). Refer to subsection (1) and the five ((~~to eleven~~)) through twelve year age range column for comparisons.

(5) DSHS 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

[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0205, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0205, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0205, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2005 c 518 § 207(3). 05-20-051, § 388-290-0205, filed 9/30/05, effective 11/1/05. 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, § 388-290-0205, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0205, 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, § 388-290-0205, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0225 Special needs rates -- Licensed or certified child care centers and seasonal day camps. (1) In addition to the base rate for licensed or certified child care centers and seasonal day camps listed in WAC 170-290-0200, DSHS may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 170-290-0220:

(a) Level 1. The daily rate listed in the table below:

		Infants (One month - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - 12 yrs)
Region 1	Full-Day Half-Day	$7.30 $3.65	$6.14 $3.07	$5.80 $2.90	$5.45 $2.73
Region 2	Full-Day Half-Day	$7.36 $3.68	$6.15 $3.08	$5.70 $2.85	$5.05 $2.52
Region 3	Full-Day Half-Day	$9.75 $4.88	$8.13 $4.06	$7.02 $3.51	$6.82 $3.41
Region 4	Full-Day Half-Day	$11.35 $5.67	$9.48 $4.74	$7.95 $3.98	$7.16 $3.58
Region 5	Full-Day Half-Day	$8.32 $4.16	$7.16 $3.58	$6.30 $3.15	$5.59 $2.80
Region 6	Full-Day Half-Day	$8.18 $4.09	$7.02 $3.51	$6.14 $3.07	$6.00 $3.00

(i) Centers in Clark County are paid Region 3 rates;

(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates;

(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour; or

(2) If a provider is requesting one-on-one supervision or direct care for the child with special needs the person providing the one-on-one care must:

(a) Be at least eighteen years of age; and

(b) Meet the requirements for being an assistant under chapter 170-295 WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.

(3) If the provider has an exception to care for a child who:

(a) Is thirteen years or older; and

(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five ((to)) through twelve year age range for comparison.

[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0225, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0225, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0225, 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, § 388-290-0225, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0225, 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, § 388-290-0225, filed 12/19/01, effective 1/19/02.]

AMENDATORY SECTION(Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)

WAC 170-290-0230 Special needs rates -- Licensed or certified family home child care providers. (1) In addition to the base rate for licensed or certified family home child care providers listed in WAC 170-290-0205, DSHS may authorize the following additional special needs daily rates which are reasonable and verifiable as provided in WAC 170-290-0220:

(a) Level 1. The daily rate listed in the table below:

		Infants (Birth - 11 mos.)	Toddlers (12 - 29 mos.)	Preschool (30 mos. - 5 yrs)	School-age (5 - ((11)) 12 yrs)
Region 1	Full-Day Half-Day	$6.00 $3.00	$5.40 $2.70	$5.40 $2.70	$4.80 $2.40
Region 2	Full-Day Half-Day	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55	$5.10 $2.55
Region 3	Full-Day Half-Day	$8.70 $4.35	$7.50 $3.75	$6.60 $3.30	$6.00 $3.00
Region 4	Full-Day Half-Day	$9.00 $4.50	$8.90 $4.45	$7.50 $3.75	$7.20 $3.60
Region 5	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$5.70 $2.85	$5.10 $2.55
Region 6	Full-Day Half-Day	$6.60 $3.30	$6.00 $3.00	$6.00 $3.00	$5.70 $2.85

(b) Level 2. A rate greater than Level 1, not to exceed $15.89 per hour; or

(2) If the provider has an exception to care for a child who:

(a) Is ((~~twelve~~)) thirteen years or older; and

(b) Has special needs according to WAC 170-290-0220, DSHS authorizes the special needs payment rate as described in subsection (1) of this section using the five ((~~to eleven~~)) through twelve year age range for comparison.

(3) If a provider is requesting one-on-one supervision/direct care for the child with special needs, the person providing the one-on-one care must:

(a) Be at least eighteen years old; and

(b) Meet the requirements for being an assistant under chapter ((~~170-296~~)) 170-296A WAC and maintain daily records of one-on-one care provided, to include the name of the employee providing the care.

[Statutory Authority: RCW 43.215.070, 43.215.060 and chapter 43.215 RCW. 12-11-025, § 170-290-0230, filed 5/8/12, effective 6/8/12. Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0230, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0230, 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, § 388-290-0230, filed 3/29/04 and 4/7/04, effective 5/28/04. Statutory Authority: RCW 74.04.050, 74.13.085. 02-12-069, § 388-290-0230, 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, § 388-290-0230, filed 12/19/01, effective 1/19/02.]

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