Effective May 28, 2004
WAC 388-290-0005 Who is considered a consumer
for the WCCC
program?
For the purposes of this chapter,
"you" and "your" refer to the consumer. If you apply for or
receive WCCC, we consider you to be the consumer.
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In WCCC, an eligible consumer is one of
the following individuals who has parental control of one or
more children, lives in the state of Washington, and is the
child's:
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Parent, either biological or adopted;
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Stepparent;
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Legal guardian verified by a legal or
court document;
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Adult sibling or step sibling;
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Nephew or niece;
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Aunt;
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Uncle;
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Grandparent; or
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Any of the relatives in (f) through (h)
of this subsection with the prefix great, such as great aunt.
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You are not an eligible consumer when
you:
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Are the only parent in the household;
and
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Will be away from the home for more
than thirty days in a row.
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CLARIFYING INFORMATION
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Adult recipients of SSI, Refugee Cash Assistance, or other types of non-TANF assistance
payments may be eligible for WCCC if they meet the requirement in
WAC 388-290-0045 or
388-290-0050, or
388-290-0055.
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Legally non-responsible caretakers, most often referred to as
"non-needy relatives". These non-needy relatives have physical custody
of the child but usually not legal guardianship or court-sanctioned
custody arrangements. In order to receive WCCC, the "non-needy relative"
must meet the:
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Definition of "Consumer" in
WAC 388-290-0005 and
WAC 388-290-0015(1)(f), and
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Activity requirements as
outlined in WAC 388-290-0010(2).
In this situation the
department does not take into account the income of the relative(s) or
the ability and availability of the relative's spouse or partner.
EXAMPLE
Mona and
Jack Smith are the married grandparents of twin boys. They have no
court-ordered custody or legal guardianship. Mrs. Smith works
full-time and Mr. Smith is retired. The Smith's apply for TANF and are
approved for a child only TANF grant. Mrs. Smith needs WCCC for the
hours that she is employed. Since the Smith's meet the definition of
consumer (WAC 388-290-0005 and
WAC 388-290-0015(1)(f)), determine a
family size of two (the children only), and count only the TANF grant
and any other income received by the children toward the WCCC
eligibility and copayment. The AW does not need to consider the second
consumer's (Mr. Smith) ability and availability to provide child care
because of the non-needy relative status. |
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In-loco Parentis: The adult caring for an eligible child
(under WAC 388-290-0020(2)) in the absence of the natural, adoptive or
step parent(s) and is not a relative, court-ordered guardian or
custodian. In order to receive WCCC, the In-Loco Parentis must:
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Receive a Washington State
Temporary Assistance for Needy Families (TANF) grant on behalf of the
minor, and
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Must meet the activity
requirements as outlined in WAC 388-290-0010(2).
The department does not take
into account the income of the In-Loco Parentis to determine
eligibility or the copayment, or the ability and availability of the
spouse or partner of the In-Loco Parentis. See the following example:
EXAMPLE
Mr. and
Mrs. Jones have taken physical custody of a neighbor’s child (an
eligible child under WAC 388-290-0020(2)).
Mr. Jones
works full-time (Sat. -Wed. 8 a.m.-3 p.m.), and Mrs. Jones does not
work outside of the home. They apply for and receive TANF on behalf of
the neighbor child. WCCC could be established for Mr. Jones’ work
hours since he is receiving a TANF grant on behalf of the child and
the activity requirements are being met.
The AW does
not need to take into account the Jones’ income nor the ability or
availability of Mrs. Jones to care for the child. Income eligibility
and the copayment are based on the income of the child only. |
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Applicants who are temporarily absent from the home:
EXAMPLE 1
Ringo is a single father. He is taking a job outside
of the state for 90 days and will be leaving his child home with
another person. Ringo is requesting WCCC for the 90-day
time period.
Deny child care for this applicant.
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EXAMPLE 2
Sarah is a single mother on TANF who must be out of
the home for more than 30 days due to an approved WorkFirst
activity. She is requesting child care for the approved activity.
Submit a Rule Exception Request (RER or ETR) through
the current process for this type of case (parent in approvable
WorkFirst activity that will require him/her to be out of the home for
more than 30 days). |
EXAMPLE 3
Randy is a single parent whose employer requires he attend a
conference out of state for two weeks. He is leaving the child with
his neighbor who works and would need to take the child to day care.
Continue to approve the child care under Randy’s WCCC case, as he
remains the HOH and will be out of the home for less than 30 days on a
work related activity. The neighbor may use Randy’s approved child
care provider. |
Effective May 28, 2004
WAC 388-290-0010 What makes
me eligible for WCCC benefits?
For the purposes of this
chapter "we" and "us" refer to the department of social and health
services. You may be eligible for WCCC benefits if:
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Your family is described
under
WAC 388-290-0015;
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You are participating in an
approved activity under
WAC
388-290-0040, 388-290-0045, 388-290-0050;,
or have been approved per WAC
388-290-0055;
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You and your children are
eligible under
WAC 388-290-0020;
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Your countable income, is
at or below two hundred percent of the Federal Poverty Level (FPL)
(under WAC 388-290-0065);
and
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Your share of the child
care cost, called a copayment (under
WAC 388-290-0075),
is lower than the total DSHS maximum monthly payment for all children
in the family who are eligible for subsidized care. We do not pro rate
your copayment when care is provided for part of a month.
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clarifying information
Consumers are not eligible for WCCC benefits when they:
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Do not meet one or more eligibility
requirements, including income eligibility limitations;
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Provide information which is questionable or
confusing;
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Do not meet participation requirements for
employment and / or the WorkFirst program;
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Have a child care provider who does not meet
department requirements in
WAC
388-290-0125. If the consumer has more than one provider, benefits
are denied only for the provider who does not meet department
requirements; or
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Have a family copayment that exceeds the
department maximum rate(s) for the given type of care for all children
in the family.
Effective December 1, 2005
WAC 388-290-0020 Are there special circumstances
that might affect my WCCC
eligibility?
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You might be eligible for WCCC if you
are:
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An employee of the same child care center
where your children receive care and you do not provide direct
care to your own children during the time WCCC is requested;
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In
an activity needed to remove a WorkFirst sanction or, Child SafetyNet status;
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A parent in a two-parent family and one
parent is not able or available to provide care for your children
while the other is working, looking for work, or preparing for
work;
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"Able" means physically and mentally
capable of caring for a child in a responsible manner. If you
claim one parent is unable to care for the children, you must
provide written documentation from a licensed professional (see
WAC 388-448-0020) that states the:
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Reason the parent is unable to care for
the children;
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Expected duration and severity of the
condition that keeps them from caring for the children; and
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Treatment plan if the parent is expected
to improve enough to be able to care for the children. The parent
must provide evidence from a medical professional showing they are
cooperating with treatment and are still unable to care for the
children.
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"Available" means free to provide care
when not participating in an approved work activity under
WAC 388-290-0040,
388-290-0045,
388-290-0050, or
388-290-0055
during the time child care is needed.
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A married consumer described under
WAC 388-290-0005 (1)(d) through (i). Only you or your spouse must be
participating in activities under
WAC
388-290-0040,
388-290-0045,
388-290-0050, or
388-290-0055.
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You might be eligible for WCCC if your
children are legally residing in the country, are living in Washington state, and are:
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Less than age thirteen ; or
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Less than age nineteen, and:
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Have a verified special need, according
to WAC
388-290-0220; or
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Are under court supervision.
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Any of your children who receive care at
the same place where you work (other than (1)(a) of this
subsection) are not eligible for WCCC payments but can be included
in your household if they meet
WAC
388-290-0015.
This includes if you work:
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In a family home child care in any
capacity and your children are receiving care at the same home
during your hours of employment; or
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In your home or another location and your
children receive care at the same location during your hours of
employment.
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clarifying information
- Two Parent Households:
If the second parent in the household is
employed, participating in an approved WorkFirst activity,
or unable to provide care, authorize child care only for the hours that both parents are
unavailable.
EXAMPLE 1
The father in a two parent household is requesting WCCC for two mutual
children. Before authorizing care, you must consider the ability and
availability of both parents to provide care, since mom, dad, and the
two children all belong to the same WCCC family.
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EXAMPLE
2
Maryanne
applies for WCCC. The household consists of Maryanne, her boyfriend
Jack and their child Troy. Maryanne provides a statement from a doctor
stating Jack has a back condition. The verification gives a diagnosis,
estimated recovery time, any treatment or therapy expected, and an
explanation of why Jack is unable to provide care to Troy for at least
3 months. You approve the care for 3 months and review his condition
at that time. |
EXAMPLE 3
Mary is a non-TANF
consumer requesting WCCC for employment.
Mary lives with her boyfriend Dan and they are unmarried. There
are three children in the household. The youngest child is Dan's child
from a previous relationship. The older two are Mary's from a
previous relationship. Mary and the two oldest children are one family.
Dan and the youngest child are a separate family. You do not have to
assess Dan's ability and availability to provide care for Mary's two
children, since they are not his mutual children and Dan is not
considered part of Mary's WCCC family.
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EXAMPLE
4
Paul and
Martha receive TANF. Martha is exempted from WorkFirst by her case
manager to care for a sick relative in her home per WAC 388-310-0350(1)(d). Paul is in job search 40 hours a week. Paul and
Martha are approved for WCCC. Care is authorized to cover Paul’s
participation in WorkFirst job search. |
EXAMPLE 5
A non-TANF two parent household is requesting
WCCC. Mom works 40 hours per week and Dad is receiving domestic
violence counseling. Mom wants full-time child care for the children
while she is at work. Written documentation is provided from a
licensed professional stating Dad is currently unable to care for
the children. The document includes a treatment plan, the
estimated length of the plan, and an explanation of why Dad is unable
to care for his children. As long as the evidence from the
medical professional indicates Dad is cooperating with the treatment and
is still unable to care for the children, WCCC may be authorized to
support Mom’s work activity. |
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Citizenship / Non Citizen: Children and Consumers
In cases involving citizenship and alien status, the child's status determines eligibility for WCCC, not the consumer's. The parents who live in the
household are still included in family size and their activity and income
are counted regardless of their citizenship status. Children who are not legally residing in the U.S. are not eligible for WCCC benefits. See
WAC 388-290-0015 (1)(e) for family
composition, WAC 388-290-0010(2) for allowable activities, and WAC 388-424-0001 to determine citizenship and alien states. Accept the information on the application unless the Department has contradicting information.
Example
A two
parent family with 2 children applies for WCCC. The parents and one
child are not US citizens. They are counted as a family of 4. Only
one child is eligible for WCCC payments. When determining eligibility
you consider both parent’s schedules, income from employment and the
eligible child’s child care needs. |
When a consumer does not have a SSN within the BarCode system, WCAP will assign unique identifier. This will consist of the first seven numbers of the consumer’s ID number, preceded by either:
“97” if the consumer is a negative number (is not known to ACES)
“98” if the consumer’s ID in an ACES assigned (positive) number.
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Visiting
Children
A child is considered living in
Washington for the purpose of WCCC, when they visit a relative who is a
Washington resident, such as for school breaks. The consumer can apply and
may be eligible for WCCC during the time the child is “visiting”. The child
must still meet WAC 388-290-0020(2).
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Children who receive SSI or another type of income
A child receiving SSI
or another type of non-TANF assistance is
eligible for WCCC
if the family is otherwise eligible. The child receiving SSI is counted
toward the household size and the child's SSI income is also
counted. See
WAC 388-290-0015.
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Child Care Locations
A consumer is not eligible to use
a provider who cares for the consumer’s child in the same home or location
as the consumer’s employment. This would include, but is not limited to, the
following same location situations:
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Providing COPES care;
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Employed as an in-home/relative
provider;
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Running a business out of the
home and or land; and
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Employed at a Family Home Care
provider.
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