Children's Administration, Department of Social and Health Services
Children's Administration, Department of Social and Health Services
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Operations Manual

91000. FOSTER PARENT LIABILITY PLAN

91010. General information

91011. Purpose

  1. The Foster Parent Liability Plan establishes guidelines for distribution of funds under RCW 74.14B.080. This program provides a mechanism for financial relief to foster parents who incur liability from third party personal injury and property damages caused by the foster parent in their role as foster parent or their foster/respite care children.
  2. The legislature acknowledges that foster parents assume some level of risk by taking foster/respite care children into their homes.

91012. Eligibility

Eligibility is defined in WAC 388-70-033.

91013. Program Management

  1. 91014 Inquiries. The Liability Plan is administered by the department through the Employee Services Division's Office of Risk Management (ORM). The department will pay claims subject to available funds, individual claim limits, and eligibility requirements.
  2. Claims management services for the Liability Plan are provided through the Liability Plan Intra-Agency Agreement with ORM, CA, and the Division of Developmental Disabilities (DDD). DDD participates on behalf of foster parents who provide respite care services to eligible foster children.
  3. Pursuant to this Agreement, CA and DDD each bears responsibility for developing and updating necessary written instructions, guidelines, procedures, and forms to implement the terms of the Liability Plan and to provide for timely and efficient distribution of claims (and their documentation) to ORM.

91014. inquiries

  1. Foster parents who have questions concerning completion of the claim forms are referred to their social worker for assistance.
  2. Social workers who have questions regarding general policy, interpretation of the Liability Plan, submission of claims, or action in response to claims or lawsuits need to address them to ORM at P. O. Box 45844, Olympia, WA 98504-5844.

91020. Plan Summary

91021. Liability Coverage

  1. Third Party: Coverage is authorized for payment to third parties who have incurred expenses as a result of the action(s) of foster parents or their foster/respite care child(ren) for personal/bodily injury and property damage.
  2. Foster Parents: Coverage is authorized for payment of claims arising from a foster parent's acts or omissions while performing, or in good faith purporting to perform, provision of family foster care and supervision of a foster child, to include respite care child(ren).

91022. Representation by Attorney General

  1. Legal representation by the state for foster parents, eligible under chapter 74.15 RCW, is granted in RCW 4.92.060 and 4.92.070.
  2. Foster parent defense is allowed for actions against foster parents if it is determined that their acts or omissions were while in good faith performing, or in good faith purporting to perform, provision of foster care services.
  3. The foster parent must fully cooperate in such defense. No defense is allowed for any action against the foster parent by the department.

91023. Definitions

For definitions related to the Liability Plan, see Appendix A, DEFINITIONS, under FOSTER PARENT LIABILITY PLAN.

91024. Limitations

Limits of coverage are outlined in WAC 388-70-034.

  1. DEDUCTIBLE - There is no deductible. However, it is necessary for the foster parent(s) to access their homeowner's liability insurance or any other valid and collectible insurance prior to payment under this plan.
  2. DOLLAR AMOUNT - Limited to $25,000 per occurrence. If there are multiple claims arising from the same occurrence they shall be considered one occurrence, and the dollar limit shall apply. A claim against one or more foster parents occupying the same household shall be considered a single claim and the dollar limit shall apply.
  3. EXCESS COVERAGE - Payment above and beyond that which may be collected from any other valid and collectible liability insurance available to the foster parent.
  4. FUNDS AVAILABLE - The department is authorized to pay claims subject to available funds. In addition, payment can only be made in excess of other valid and collectible liability insurance available to the claimant.
  5. NO LEGAL OBLIGATION - DSHS makes these payments without assuming any legal obligation for the action(s) of the foster parent or foster/respite care child(ren). Such payments are not an admission of liability by DSHS or the foster parent(s), nor does DSHS assume any obligation for incurring any other liability expenses other than those specifically set forth within the Liability Plan.
  6. PER OCCURRENCE LIMITS - The total financial payment shall not exceed the dollar limits stated on a "per occurrence" basis. Regardless of the number of third party persons who sustain damages or personal/bodily injury, they will be considered one occurrence. Liability payment for property damages shall be for the reasonable repair, or depreciated value, of damaged property.
    THIRD PARTY LIABILITY MAXIMUM $ LIMITS
    Total excess coverage $25,000 per occurrence
  7. PERIOD OF COVERAGE - No funds are available for occurrences prior to July 1, 1991.

91025. Exclusions

Exclusions from coverage are described in WAC 388-70-035. Expenses of any kind related to claims, suits, actions, or other legal proceedings brought against the foster parent(s) which arise out of, or are related to the following are specifically excluded from payment under the Liability Plan:

  1. ALCOHOL/ILLEGAL SUBSTANCES - Any injury or damage arising out of the actual giving of any alcoholic beverages, or other illegal substances, to a foster child, for whatever reasons or causes.
  2. ALIENATION OF AFFECTION - Alleged or actual alienation of affection.
  3. GROSS NEGLIGENCE - Any action that is performed in bad faith, or of gross negligence, by a foster parent or foster/respite care child(ren) that causes, or results in, damage or personal/bodily injury for which the foster parent is, or may be held, legally liable.
  4. ILLEGAL ACTS - Violation of any statute, ordinance, or regulation by foster parent or foster/respite care child(ren) for which the foster parent is, or may be held, legally liable.
  5. JURISDICTION - Any damage or injury caused by foster/respite care child(ren) while temporarily out of the jurisdiction (care, custody, or control) of the foster parent. This includes visits to the foster child(ren)'s parents, guardian ad litem, or legal guardian. Also, any claim based on any occurrence which does not arise from the family foster care relationship.
  6. MOTOR VEHICLES, AIRCRAFT, WATERCRAFT - For property damages, losses, and emergency medical treatment costs arising out of any act of the foster/respite care child(ren), with or without the permission of the foster parent, which related to the ownership, operation, or maintenance of any owned motor vehicle or owned aircraft/water craft.
  7. SEXUAL ABUSE - Any injury arising from any sexual abuse, or licentious, immoral, or other sexual behavior by a foster parent or foster/respite care child(ren) for which the foster parent is, or may be held, legally liable.
  8. UNSUBSTANTIATED - For any mysterious or unsubstantiated damages or personal/bodily injury.

91030. Liability Claim Filing

91031. Foster Parent Procedure

When foster parents are notified by a third party of a property damage or personal/bodily injury incurred as a result of an action(s) by their foster/respite care child(ren) for which the foster parent(s) is, or may be held, legally liable, the foster parent:

  1. Requests from their social worker a Foster Parent Claim form, DSHS 18-400A(X).
  2. Completes the claim form, attaches the requested documents, and submits the claim to their social worker within 30 days of being informed of the notification. Failure to submit claims within the designated time limits may invalidate payment under the Liability Plan. Claims cannot be adjudicated until all necessary documentation is received.

91032. Social Worker Procedure

Upon receipt of a claim from a foster parent, the social worker:

  1. Reviews the claim for accuracy, completeness, and timeliness. Claims are to be returned to the foster parent if:
    1. Not on the correct DSHS 18-400A(X);
    2. Information is incomplete;
    3. Appropriate documents are not attached; or
    4. Claim is not signed and dated.
  2. Completes the requested information on the form:
    1. Identification of CA office;
    2. Name of the contact person within the CA office who can be contacted should clarification or additional information become necessary during review of the claim;
    3. Total dollar amount requested by the foster parent on behalf of the third party claimant;
    4. Telephone number of the CA contact person; and
    5. Indicate that the claim is a third party claim.
  3. Completes the social worker section on the form.
    1. Identify any other liability funds or accounts available.
    2. Indicate whether or not social worker concurs with payment of the claim. State the reason(s) if does not concur.
    3. Print social worker name, office, county, and Mail Stop, or address for offices without a Mail Stop, in the space provided.
    4. Sign and date the claim form.
    5. Forward the ORIGINAL claim form with documents attached to:
      DSHS Office of Risk Management
      Office Building 2, Mail Stop 45844
      Olympia, Washington 98504-5844

91040. Liability Claim Payment

  1. For third party claims, payment for approved liability claims will be made directly to the third party.
  2. If the foster parent can provide proof that full and satisfactory payment/restitution was paid to the third party for the identified claim and the third party satisfactorily accepted such payment/ restitution in full, the foster parent can be reimbursed for the amount approved by ORM.
  3. Payment by a foster parent to a third party for satisfaction of a claim without the prior approval of ORM may be at the full risk and expense of the foster parent.

91050. Lawsuit

91051. Foster Parent Procedures

Upon notification of any legal action by a third party against the foster parent(s) for personal/bodily injury or damage caused by the foster parent, or foster/respite care child(ren) while in the care and custody of the foster parent, the foster parent must notify their social worker (or, in their absence, the worker's assigned representative) within one work day.

91052. Social Worker Procedures

  1. Upon receipt of notification from a foster parent of an impending lawsuit, the social worker must then notify ORM within 24 hours from the initial notification by the foster parent of an impending lawsuit. The social worker must satisfy the mandatory requirement of notifying ORM in writing to the address in section 91032, above, or by fax transmittal to the Claims Program Manager, ORM, (360) 586-5199. To contact the Claims Program Manager, call (360) 664-3249.
  2. The social worker must also contact the Office of the Attorney General, Torts Division, within the initial 24-hour period. The address is: Office of the Attorney General, Torts Division, 4407 Woodview SE, 3rd Floor (or P. O. Box 40126), Olympia, WA 98504-0126; or fax to 360-459-6967; telephone number is (360) 459-6600.

91060. Legal Defense

91061. Request for Defense

Under RCW 4.92.060, whenever an action or proceeding for damages is instituted against a foster parent licensed under Chapter 74.15 RCW, the foster parent may request the Attorney General to authorize defense of the action or proceeding at the expense of the state, if the claim resulted from acts or omissions while in good faith performing, or in good faith purporting to perform, provision of foster care services.

91062. Expense of Defense

  1. Under RCW 4.92.070, if the Attorney General finds that, in the case of a foster parent, the occurrence arose while in the good faith provision of foster care services, the request will be granted.
  2. The necessary expenses of the defense of the action or proceeding will be paid from the appropriations made to the department. In such cases the Attorney General will appear and defend the foster parent, who must assist and cooperate in the defense of the suit.
  3. The Attorney General may not represent or provide private representation for a foster parent in an action or proceeding brought by DSHS against that foster parent.

91063. Procedures

  1. Foster Parent
    1. The foster parent must contact their social worker to request legal defense. The foster parent needs a Request for Defense form mailed to them.
    2. Upon receipt, the foster parent must complete the Request for Defense form and submit it to their social worker with the original Summons and Complaint.
  2. Social Worker
    1. The social worker supplies the foster parent with a Request for Defense form provided to DCFS by the Office of the Attorney General.
    2. The social worker must contact ORM within 24 hours of notice of lawsuit.
    3. The social worker must contact the Office of the Attorney General, Torts Division, within 24 hours of notice of lawsuit.
    4. The social worker forwards the original Request for Defense form and the Summons and Complaint to the Office of the Attorney General, Torts Division, and retains copies in CA.
  3. Attorney General
    1. The Request for Defense form and the Summons and Complaint are reviewed by the Office of the Attorney General, and appropriate DSHS staff persons, and a determination is made to approve or disapprove the Request for Defense application.
    2. If approved, the foster parent is informed by the Office of the Attorney General that the state will provide defense, and an Assistant Attorney General is assigned to handle the case.
    3. The assigned Assistant Attorney General will keep CA and ORM apprised of developments in the case.

91070. State Obligation

The state does not assume any other obligation for payment other than those made under approval through the Foster Parent Liability Plan.

91080. Fraud

  1. In the event any material fact or circumstance is misrepresented or willfully concealed by either the foster parent (or foster parent household member) or third party, DSHS shall be entitled to recover any payments made under the Liability Plan.
  2. Claims found to be fraudulent involving theft or collusion are subject to criminal investigation.

91090. Actions Commenced by Foster Children or Their Parents

Per RCW 4.24.590, in actions for personal injury or property damage commenced by foster children or their parents against foster parents licensed pursuant to chapter 74.15 RCW, the liability of foster parents for the care and supervision of foster/respite care children is the same as the liability of biological and adoptive parents for the care and supervision of their children.

91100. Modification of Reimbursement Plan

Nothing in this Liability Plan is intended to modify the Foster Parent Reimbursement Plan in place on the effective date of the statute (except for transferring the responsibility for third party claims to the Liability Plan).

91105. Foster Parent Reimbursement Plan

91110. General Information

  1. The Foster Parent Reimbursement Plan provides limited financial relief to foster parents who incur property damages, losses, and emergency medical treatment expenses caused by their foster/respite care children during placement in their foster home. Reimbursement made under the Plan is considered a foster care maintenance expense. It constitutes a portion of the reasonable and proper cost of maintenance paid on behalf of foster/respite care children and is made strictly in accordance with the terms, limitations, and exclusions specified.
  2. Reimbursement under the Plan is provided to foster parents voluntarily by DSHS and is not an admission of liability for the action(s) of any foster/respite care child(ren), and nothing in the Plan shall be construed to create in any foster parent an enforceable right to reimbursement nor is it meant to impose upon DSHS a legal payment obligation.

91120. Eligibility

Foster parents are eligible for reimbursement under the Plan if they are:

  1. Licensed by DSHS or a DSHS-certified child-placing agency pursuant to chapter 74.15 RCW; and
  2. Providing approved DSHS-funded foster care to children in the care, custody, and supervision of DSHS or a DSHS-certified child-placing agency; or
  3. Providing approved DSHS-funded respite care to developmentally disabled children.

91130. Program Management

  1. The Plan is funded by CA. DDD participates in the Plan on behalf of licensed foster parents who provide respite care services in their home to developmentally disabled children.
  2. Claims management services for the Plan are provided by the Risk Management Services Section (RMSS) within the Office of Risk Management (ORM) through an Intra-Agency Agreement among the Employee Services Division, CA, and DDD.
  3. Information Sources
    1. Foster parents who have questions concerning completion of claim forms and required substantiating documentation should contact their social worker for assistance. A copy of the Plan is provided to foster parents in their Foster Parent Handbook.
    2. CA social workers who have questions regarding reimbursement available to foster parents under the guidelines of the Plan or on the filing of claims need to address them to the Claims Program Manager, RMSS, P. O. Box 45844, Mail Stop 45844, Olympia, WA 98504-5844 (Telephone 360-664-3249).

91140. Definitions

For definitions of terms used in the Foster Parent Reimbursement Plan, see Appendix A, DEFINITIONS.

91150. Reimbursement Limitations

The following reimbursement limitations are applicable for claims filed under the Plan:

  1. PER OCCURRENCE/AGGREGATE: The total amount payable as the result of any one occurrence shall not exceed $5,000 for all property damages and losses or $1,000 for all personal bodily injuries regardless of the number of foster parents or their household members who sustain property damages, losses, or personal injuries.
  2. PROPERTY DAMAGE ITEMS: Limited to the repair/cleaning cost or the depreciated value. Depreciated value is paid if the item cannot be repaired or cleaned as substantiated by a detailed retailer estimate or if the repair cost exceeds the depreciated value of the item. DSHS may request the final repair bill from foster parents for payments made from estimates provided for purposes of recovery.
  3. PROPERTY LOSS ITEMS: Limited to the depreciated value, as substantiated by the original purchase document or replacement bill/retailer estimates for comparable item. If the claim is the result of a theft, a police report must accompany the claim form.
  4. PERSONAL BODILY INJURIES: Limited to the costs incurred for receiving emergency medical treatment services which are not payable or required to be provided under any workmen's compensation or disability benefits law, or under any similar law, or provided under a personal/business medical plan.
  5. POLICY DEDUCTIBLES: There is no deductible which means there is first dollar coverage. However, foster parents must disclose if their property damages or losses were paid or will be paid under their homeowner, automobile, or other personal/business insurance policy. Reimbursement would be limited to the policy deductible. Insurance companies do not have subrogation rights into the Plan.
  6. DENTAL EXPENSES: Limited to costs not payable under a dental plan. Depreciation applied on dental appliances. A dental injury is considered a personal bodily injury.
  7. VISION EXPENSES: Limited to costs not payable under a medical plan. Depreciation applied on vision appliances. An injury is considered a personal bodily injury.
  8. LABOR EXPENSES: Limited to out-of-pocket costs, materials, incurred by foster parents which are substantiated by a retailer. DSHS may request the final repair bill from foster parents for payments made from estimates provided for purposes of recovery.

91160. Exclusions

  1. The following are specifically excluded from reimbursement under the Plan. Property damages, losses, or emergency medical treatment costs incurred by foster parents or their household members which arise out of, or are related to:
    1. ALCOHOL/ILLEGAL SUBSTANCES - The alleged or actual giving to a foster/respite care child(ren) of any alcoholic beverage, or other illegal substance including tobacco products for whatever reason.
    2. ILLEGAL ACTS - The alleged or actual violation of any statute, ordinance, or regulation by the foster/respite care child(ren).
    3. INADEQUATE SUPERVISION - The primary or contributing cause was the failure of the foster parent to give directions, instructions, or to provide proper/adequate supervision to the foster/respite care child(ren). Foster parents, as determined by the DCFS social worker, must exercise all reasonable means to save and preserve property from damage or loss and to protect themselves and their household members from injury.
    4. SEXUAL ABUSE - The alleged or actual sexual abuse, or licentious, immoral, or other sexual behavior of a foster/respite care child(ren).
  2. The following are also excluded from reimbursement under the plan:
    1. FOLLOW-UP MEDICAL TREATMENT EXPENSES - Follow-up medical treatment expenses incurred by foster parents or their household member for a personal bodily injury sustained as a result of an action of the foster/respite care child(ren). Only emergency medical treatment costs not payable elsewhere are reimbursable under the PLAN.
    2. FOSTER/RESPITE CARE CHILDREN ITEMS - For items which belong to foster/respite care child(ren).
    3. JURISDICTION - For acts of foster children that occur while temporarily assigned outside the jurisdiction of their foster parent (includes visits to parents and guardians).
    4. MOTOR VEHICLES, AIRCRAFT, WATERCRAFT - For property damages, losses, and emergency medical treatment costs arising out of an act of the foster/respite care child(ren), with or without the permission of the foster parent, which is related to the ownership, operation, or maintenance of any owned motor vehicle, or owned aircraft/water craft.
    5. RUNAWAYS - For occurrences after a foster child has voluntarily left the foster home. For purposes of the Plan, a foster child is considered to be in runaway status if it has been more than 24 hours since the foster child left the residence. The Foster Parent Handbook instructs that, if a foster child runs away or is otherwise unaccounted for, the foster parent is to notify the agency and law enforcement. Foster parents should immediately take the necessary precautions to safeguard against any occurrences.
    6. THIRD PARTY CLAIMS - For property damages, losses, or personal injuries sustained by any person other than the foster parent or their household member. Third party claims are to be filed under the Liability Plan.
    7. UNSUBSTANTIATED - For property damages or losses resulting from occurrences which are alleged but not substantiated to have been caused by the foster/respite care child(ren). A copy of the police department report or fire department report, along with any follow-up investigative findings, must be submitted for claims relating to theft, assault, vandalism, or fire.
    8. UNTIMELY FILING - For property damages, losses, or emergency medical treatment costs for which a claim was not received in the RMSS within a year after the date of occurrence, regardless of the reason for the delay in filing the claim.
    9. VALUABLE ITEMS - For property damages or losses of items that are valued or for items that do not depreciate which include, but are not limited to, antiques, heirlooms, jewelry, figurines, and coin collections. Foster parents should take special precautions to secure/guard against the loss of these items.

91170. Claim Filing Procedures

91171. Foster Parent Procedure

Foster parents who incur property damages, losses, or emergency medical treatment expenses as a result of an action of their foster/respite care child(ren) shall:

  1. Request from their social worker a Foster Parent Reimbursement Plan Claim form, DSHS 18-400A(X) to file a claim under the Plan.
  2. Submit the completed claim to their social worker within 30 days of an occurrence. All requested information is to be provided on the claim form with the required substantiating documentation attached.
  3. Documentation on claims filed more than 30 days after an occurrence must include a statement to their social worker from the foster parent indicating the reason for the delay in filing the claim.

91172. Social Worker Procedure

Social workers who receive a claim from a foster parent:

  1. Review the claim for accuracy, completeness, and timeliness. Claims are to be returned to the foster parent if:
    1. An outdated claim form was received;
    2. All the requested information was not provided on the claim form;
    3. All the required substantiating documents were not attached to the claim; or
    4. The claim form was not signed/dated by the foster parent.
  2. Complete the social worker section on the claim form. Failure to provide all the required information will cause a delay in reimbursement to the foster parent.
  3. Social workers must indicate on the claim form the reason for the delay in submitting claims to RMSS more than 90 days after an occurrence.

91180. Misrepresentation of Claims

  1. DSHS shall deny any claim in which any material fact or circumstance of a property damage, loss, or personal injury is misrepresented or willfully concealed by the foster parent and shall be entitled to recover any payments made under the Plan.
  2. Claims found to be fraudulent involving theft or collusion are subject to criminal investigation.

91190. Investigation of Claims

DSHS shall be permitted upon request to inspect the damaged property and retains the right to have an inspector of its choice make a damage estimate when, and as often as, DSHS may require.

911100. Reconsideration of Claim Determinations

  1. Reconsideration of a claim determination made must be submitted by the foster parent in writing within 30 days of the determination to the Claims Program Manager, Office of Risk Management, Department of Social and Health Services, P. O. Box 45844, Olympia, WA 98504-5844.
  2. The request must include substantiating new factors or additional information/documentation not previously provided for reconsideration of the claim determination. All determinations made by the Claims Program Manager are final and do not constitute a basis for requesting or obtaining an administrative fair hearing.

911110. Exception Requests

Written requests for exceptions to the terms, limitations, and exclusions specified in the Plan must be made through the Children's Administration Director of Management Services, P. O. Box 45710, Olympia, WA 98504-5710, to the Claims Program Manager, DSHS-ORM, Mail Stop 45844, Olympia, WA 98504-5844, and must include the justification for the request and alternatives explored.

91300. CHILD DAY CARE SUBSIDY PROGRAMS

91310. Introduction

  1. The Children's Administration (CA) offers a variety of child day care subsidy programs to support children and families. See the Practices and Procedures Guide, chapter 4000, for descriptions of the programs. Among the CA subsidy programs are:
    1. Child Protective Services Child Care;
    2. Child Welfare Services Child Care;
    3. Employed Foster Parent Child Care;
    4. Homeless Child Care;
    5. Seasonal Child Care;
    6. Teen Parent Child Care
    7. Therapeutic Child Development

91320. Definitions

For definitions relating to child day care payments, see Appendix A, DEFINITIONS.

91340. Income Eligibility

  1. Families must have an income at or below 225% of Federal Poverty Level (FPL) adjusted for family size to qualify financially for CA child care subsidies. See the Co-Payment Calculation Table column 2 for 225% of FPL adjusted by family size.
  2. The social worker may waive income eligibility, on a case by case basis, only for CPS Child Care subsidy program. CA provides Employed Foster Parent Child Care without regard to the foster parent(s)' income.

91350. Co-Payments

  1. Families that receive child care subsidies from CA pay co-payments that are:
    1. Based on the family's income;
    2. Per family, regardless of the number of children in the family or the amount of care needed;
    3. Paid by the family directly to the child care provider.
  2. See the following Co-Payment Calculation Table for income guidelines and co-payment calculation. The social worker may waive co-payments, on a case by case basis, only for CPS Child Care subsidy program.
    CO-PAYMENT CALCULATION TABLE - GROSS INCOME
    EFFECTIVE 4-1-00
      COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
    If family size is 137.5% FPL If countable income is over 225% FPL If countable income is 0 to 82% FPL If countable income is 83% to 137.5% FPL If countable income is 137.6% to 225% FPL
    1 $957 $1,566 $0 $571 $572 $957 $958 $1,566
    2 $1,290 $2,111 $0 $769 $770 $1,290 $1,291 $2,111
    3 $1,621 $2,653 $0 $967 $968 $1,621 $1,622 $2,653
    4 $1,954 $3,197 $0 $1,165 $1,166 $1,954 $1,955 $3,197
    5 $2,287 $3,742 $0 $1,364 $1,365 $2,287 $2,288 $3,742
    6 $2,618 $4,284 $0 $1,561 $1,562 $2,618 $2,619 $4,284
    7 $2,951 $4,829 $0 $1,760 $1,761 $2,951 $2,952 $4,829
    8 $3,284 $5,373 $0 $1,958 $1,959 $3,284 $3,285 $5,373
    9 $3,616 $5,918 $0 $2,157 $2,158 $3,616 $3,617 $5,918
    10 $3,949 $6,462 $0 $2,356 $2,356 $3,949 $3,950 $6,462
        Not Eligible $10 Co-Pay $20 Co-Pay See #5 below
  3. STEPS TO CALCULATE CHILD CARE SUBSIDY CO-PAYMENTS:
    1. Determine total income. This is gross income plus any child support paid to the family and minus any child support the family pays.
    2. Compare total income to Column 2. If amount is greater, client is not eligible.
    3. If the family income falls in column 3, the co-payment is $10.00.
    4. If the family income falls in column 4, the co-payment is $20.00.
    5. To calculate co-pay for families with an income in column 5:
      1. Subtract 137.5% of FPL (column 1 ) from the total income;
      2. Multiply by .44; and
      3. Add $20.00.

91360. Qualified Child Care Providers

  1. CA pays child care subsidies to:
    1. Licensed or certified family child care homes;
    2. Licensed or certified child care centers; or
    3. Exempt in-home/relative providers.

91370. Rates and Authorizations for Child Care

  1. CA pays for child care at the provider's rate or the appropriate DSHS rate, whichever is less. See the following charts to determine the appropriate rate for the age of the child and the region where the child care is located. The maximum rate for a five year old child is:
    1. The preschool rate for a child who has not entered kindergarten; or
    2. The school-age rate for a child who has entered kindergarten.
  2.  
  3. In-Home Child Care Subsidy Rates Dollars Per Hour
    1. First Child
    2. Each Subsequent Child
    $2.06
    $1.03
  4. LICENSED CHILD CARE CENTERS
    MAXIMUM SUBSIDY RATES FOR CHILD CARE
    Daily Rates – Effective November 1, 1999
      Infants
    (0-11 Mos.)
    $
    Toddlers
    (12-29 Mos.)
    $
    Preschool
    (30 Mos. – 5 yrs.)
    $
    Schoolage
    (5-12 yrs.)
    $
    Monthly
    NSB*
    All Ages
    $
    Region 1 Full-Day $22.73 $19.85 $18.00 $16.70 $74
      Half-Day 11.36 9.93 9.00 8.35 74
    Region 2 Full-Day 23.18 20.45 17.75 16.82 73
      Half-Day 11.59 10.23 8.88 8.41 73
    Region 3 Full-Day 30.18 26.00 22.00 19.77 91
      Half-Day 15.09 13.00 11.00 9.89 91
    Region 4 Full-Day 37.80 29.55 26.14 23.40 108
      Half-Day 18.90 14.77 13.07 11.70 108
    Region 5 Full-Day 25.82 22.18 19.45 17.50 80
      Half-Day 12.91 11.09 9.73 8.75 80
    Region 6 Full-Day 25.59 22.73 20.00 20.00 83
      Half-Day 12.80 11.36 10.00 10.00 83

    *NSB=Non-Standard-Hour Bonus ($/month). See section 91375 for information on the Non-Standard Hour Bonus.

  5. LICENSED FAMILY CHILD CARE HOMES
    MAXIMUM SUBSIDY RATES FOR CHILD CARE
    Daily Rates – Effective November 1, 1999
      Infants
    (0-11 Mos.)
    $
    Toddlers
    (12-29 Mos.)
    $
    Preschool
    (30 Mos. – 5 yrs.)
    $
    School-age
    (5-12 yrs.)
    $
    Monthly
    NSB*
    All Ages
    $
    Region 1 Full-Day $19.00 $17.60 $17.00 $15.00 $74
      Half-Day 9.50 8.80 8.50 7.50 74
    Region 2 Full-Day 18.00 18.00 16.00 15.00 73
      Half-Day 9.00 9.00 8.00 7.50 73
    Region 3 Full-Day 28.00 24.00 22.00 20.00 91
      Half-Day 14.00 12.00 11.00 10.00 91
    Region 4 Full-Day 30.00 27.27 25.00 22.50 108
      Half-Day 15.00 13.64 12.50 11.25 108
    Region 5 Full-Day 21.00 20.00 19.00 17.00 80
      Half-Day 10.50 10.00 9.50 8.50 80
    Region 6 Full-Day 20.50 20.00 18.00 17.00 83
      Half-Day 10.25 10.00 9.00 8.50 83

    *NSB=Non-Standard-Hour Bonus ($/month). See section 91375 for information on the Non-Standard Hour Bonus.

91371. Half-Day/Full Day Authorizations

  1. CA authorizes for half-days or full-days, based on the total number of hours of child care needed monthly.
    1. If a child needs fewer than 110 hours of care per month, DSHS authorizes half-day child care. A half-day of care is fewer than 5 hours a day. A full monthly half-day authorization is for 22 days a month. Depending on the family's needs, DSHS may authorize up to 30 half-days of child care per month. The extra eight half-days allows the provider to claim an additional half day when 5 or more hours of care are provided for that child on any given day.
    2. If a child needs 110 or more hours of care per month, DSHS authorizes full-day child care. DSHS may authorize up to 22 full-days of care each month. A full-day is five to 10 hours of care per day. If more than 10 hours of care are needed to support a DSHS approved activity, additional hours may be authorized.
  2. See the SSPS Manual for the correct service and reason codes.

91372. Registration Fee

  1. If the provider's policy is to charge all families a registration fee, CA child care subsidy programs authorize a registration fees:
    1. When the child enters care; and
    2. Annually.
    3. The department pays a registration fee of $50.00 per child or the provider's usual rate, whichever is less.
  2. See the SSPS Manual for the correct service and reason codes.

91373. Special Needs Child Care

  1. CA child care subsidy programs pay an additional amount for the care of children with documented special needs who require a higher level of care. See the following chart "Special Needs Rate for Child Care" to determine the appropriate rate for the age of the child and the region where the child care is located. CA will pay the rate on the chart or the provider's documented additional cost of care, whichever is greater, in addition to the rates contained in section 91370.
  2. LICENSED CHILD CARE CENTERS
    SPECIAL NEEDS RATES FOR CHILD CARE
    Additional Daily Rate for Children with Documented Needs
    Effective November 1, 1999
      Infants
    (0-11 Mos.)
    $
    Toddlers
    (12-29 Mos.)
    $
    Preschool
    (30 Mos. – 5 yrs.)
    $
    School-age
    (5-12 yrs.)
    $
    Region 1 Full-Day $6.82 $5.96 $5.40 $5.01
      Half-Day 3.41 2.98 2.70 2.51
    Region 2 Full-Day 6.95 6.14 5.33 5.05
      Half-Day 3.48 3.07 2.66 2.52
    Region 3 Full-Day 9.05 7.80 6.60 5.93
      Half-Day 4.53 3.90 3.30 2.97
    Region 4 Full-Day 11.34 8.86 7.84 7.02
      Half-Day 5.67 4.43 3.92 3.51
    Region 5 Full-Day 7.75 6.65 5.84 5.25
      Half-Day 3.87 3.33 2.92 2.63
    Region 6 Full-Day 7.68 6.82 6.00 6.00
      Half-Day 3.84 3.41 3.00 3.00
  3. LICENSED FAMILY CHILD CARE HOMES
    SPECIAL NEEDS RATES FOR CHILD CARE
    Additional Daily Rate for Children with Documented Needs
    Effective November 1, 1999
      Infants
    (0-11 Mos.)
    $
    Toddlers
    (12-29 Mos.)
    $
    Preschool
    (30 Mos. – 5 yrs.)
    $
    School-age
    (5-12 yrs.)
    $
    Region 1 Full-Day $5.70 $5.28 $5.10 $4.50
      Half-Day 2.85 2.64 2.55 2.25
    Region 2 Full-Day 5.40 5.40 4.80 4.50
      Half-Day 2.70 2.70 2.40 2.25
    Region 3 Full-Day 8.40 7.20 6.60 6.00
      Half-Day 4.20 3.60 3.30 3.00
    Region 4 Full-Day 9.00 8.18 7.50 6.75
      Half-Day 4.50 4.09 3.75 3.38
    Region 5 Full-Day 6.30 6.00 5.70 5.10
      Half-Day 3.15 3.00 2.85 2.55
    Region 6 Full-Day 6.15 6.00 5.40 5.10
      Half-Day 3.08 3.00 2.70 2.55
  4.  
  5. In-Home Care Dollars Per Hour
      $0.62
  6. See the SSPS Manual for the correct service and reason codes.

91374. Infant Bonus

  1. CA authorizes a $250.00 infant bonus to licensed or certified facilities when the:
    1. Child is under one year old;
    2. Child care facility has not already received a bonus for that child; and
    3. Child needs a minimum of 5 days of care.
  2. See the SSPS Manual for the correct service and reason codes.

91375. Nonstandard Hour Bonus

  1. CA authorizes the nonstandard hour bonus to a licensed or certified facility when the child needs 15 or more hours of nonstandard care per month. Nonstandard hours are:
    1. Before 6:00 a.m.;
    2. After 6:00 p.m.; or
    3. Any time on Saturday or Sunday.
  2. The nonstandard hour bonus is the same for the region regardless of the child's age group. The nonstandard hour bonus rates are listed on the chart "Maximum Subsidy Rates for Child Care."
  3. See the SSPS Manual for the correct service and reason codes.

91380. Overpayment Procedures

See section 9500 for procedures regarding identification and recovery of overpayments.

91390. Advance and Adequate Notice

91391. When Required

  1. The authorizing worker uses the DSHS 14-039(X), Notice of Planned Action, to provide 10-day advance and adequate notice to a parent/guardian when the department reduces or terminates child care benefits prior to the end of the established benefit period.
  2. When unable to provide advance and adequate notice prior to the end of the month, the authorizing worker:
    1. Continues benefits unchanged through the end of the 10-day period.
    2. Establishes an overpayment for the amount of overpaid benefits.
  3. The DSHS 14-259(X), transmitted before the fact, and generated by SSPS after the authorizing worker terminates child care benefits for the parent/guardian, meets the requirement for adequate notice.

91392. When Not Required

Advance notice is not required when:

  1. The parent's/guardian's child care benefits will terminate at the end of the established benefit period, and
  2. The parent/guardian is previously notified of the eligibility ending date. When benefits are initially authorized, the payee (the licensed provider or the client in the case of in-home child care) receives the Social Service Notice, DSHS 14-259(X), directly from SSPS. A copy of the Social Service Notice is sent to the authorizing worker. This copy may be sent to the parent/guardian by the local office.

913100. Fair Hearing

  1. If a child care client disagrees with an eligibility determination, the client has the right to a fair B. hearing. See section 9520.
  2. The department pays child care while the case is pending.
  3. The authorizing social worker or fair hearing coordinator must make the client aware that continuing payment may result in significant overpayment if the judgment is for the department.

913110. Child Care Rate Clusters Based on DSHS Regions

  1. Counties are grouped into rate clusters. These clusters are contiguous with the six DSHS regions, with the exception of Garfield and Asotin Counties.
  2. DSHS maximum child care rates are consistent for counties within each cluster. The table on the following page identifies each county by cluster and region.
  3. Cluster/Region Counties
    Cluster I
    Region 1

    Adams
    Asotin
    Chelan
    Douglas
    Ferry
    Garfield
    Grant

    Lincoln
    Okanogan
    Pend Oreille
    Spokane
    Stevens
    Whitman

    Cluster II
    Region 2
    Benton
    Columbia
    Franklin
    Kittitas
    Walla Walla
    Yakima
    Cluster III
    Region 3
    Island
    San Juan
    Skagit
    Snohomish
    Whatcom
    Cluster IV
    Region 4
    King  
    Cluster V
    Region 5
    Kitsap Pierce
    Cluster VI
    Region 6
    Clallam
    Clark
    Cowlitz
    Grays Harbor
    Jefferson
    Klickitat
    Lewis
    Mason
    Pacific
    Skamania
    Thurston
    Wahkiakum

91400. THE GOOD CAUSE DETERMINATION PROCESS

91410. Referral process

  1. DCFS is required to make a referral to the Division of Child Support (DCS) whenever a child is placed in out of home care for more than 72 hours.
  2. Children's Administration Management Information system, CAMIS will automatically send the referral to DCS once the child is placed for 72 hours or more. The sent referral initiates the process for establishment and collection of support from the child's parents to reimburse DCFS for foster care expenditures.
  3. In certain cases there may be Good Cause for not pursuing collection and in those situations DCS will not collect support to reimburse the FC expenditures.

91420. Basis For Good Cause

  1. Basis for a good cause determination as defined in CA's WAC 388-25-0225 include the following scenarios:
    1. Division of Developmental Disability (DDD) has determined the child is developmentally delayed (These do not have to be referred for a determination as this exemption is based on the Jacobs v Soliz settlement. DCS has a process already in place to check on the DD status of a child when they are placed initially into foster care. If the child is DD DCS will not collect for that child regardless of a claim of good cause.);
    2. The Juvenile Rehabilitation Administration (JRA) has discharged the child who has served time for an offense against a removal home family member and is being placed directly into foster care to protect that family member;
    3. Adoption proceedings for the child are pending in court or a public/private agency is assisting the custodial parent to decide if the child will be placed for adoption;
    4. The child's birth is a result of incest or rape and establishing paternity would not be in the child's best interest;
    5. The custodial parent or the child may be placed in danger of domestic abuse, perpetrated by the other parent or responsible person;
    6. A child in the Adoption Support Program and the case plan is reunification with the adoptive parents;
    7. During a Dependency proceeding, the Juvenile or Tribal Court finds the parents will be unable to comply with agreed reunification plans due to financial hardship caused by paying support;
    8. The social worker determines that paying DCS foster care support causes undue financial hardship that will delay or prevent family reunification. The basis for this determination must be documented in the child's case file.
    9. Where pursuing child support is not in the best interest of the child and the circumstances of the family.
  2. The DCFS social worker or IV-E Specialist discovering a possible good cause situation will notify each other of the need for a determination. The IV-E Specialist will also notify the DCS Foster Care Coordinator of the pending decision and ensures an electronic referral has been sent to DCS.
  3. Both parties (social worker and IV-E Specialist) will decide whether or not the case meets the criteria for good cause. In cases where the child's family is receiving adoption support payments, the DCFS social worker and/or the IV-E specialist will consult with the assigned adoption support program manager to assist in determining whether good cause is to be pursued. The IV-E Specialist will then notify the Regional Federal Funding Program Manager (FFPM) of their recommendation and the need for a approval.
  4. The regional FFPM will review the information and recommendation from the social worker and IV-E Specialist to verify the case is appropriate for a good cause determination and will make the final decision. The FFPM, after affirming their decision with the social worker and IV-E Specialist, will notify the DCS Foster Care Coordinator via e-mail of the determination either approving or denying the claim. The e-mail will explain:
    1. Which parent(s) the decision applies to, the reason for the approval or denial and if approved that the case for the parent(s) is not subject to collection.
  5. In some cases Community Services Office (CSO) staff approves a claim of good cause when authorizing TANF prior to a child entering out of home care. In such cases DCS will notify the DCFS social worker of the CSO's good cause determination.