WAC 170-290-0005 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.

1. 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:

   1. Parent, either biological or adopted;

   2. Stepparent;

   3. Legal guardian verified by a legal or court document;

   4. Adult sibling or step sibling;

   5. Nephew or niece;

   6. Aunt;

   7. Uncle;

   8. Grandparent; or

   9. Any of the relatives in (f) through (h) of this subsection with the prefix great, such as great aunt.

2. You are not an eligible consumer when you:

   1. Are the only parent in the household; and

   2. Will be away from the home for more than thirty days in a row.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

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 170-290-0005 and WAC 170-290-0015(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.

EXAMPLE

Mr. and Mrs. Jones have taken physical custody of a neighbor’s child (an eligible child under WAC 170-290-0020(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.

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.

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).

WAC 170-290-0010  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:

1. Your family is described under WAC 170-290-0015;

2. You are participating in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050;, or have been approved per WAC 170-290-0055;

3. You and your children are eligible under WAC 170-290-0020;

4. Your countable income, is at or below two hundred percent of the Federal Poverty Level (FPL) (under WAC 170-290-0065); and

5. Your share of the child care cost, called a copayment (under WAC 170-290-0075), 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.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 170-290-0020 Are there special circumstances that might affect my WCCC eligibility?

1. You might be eligible for WCCC if you are:

   1. 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;

   2. A sanctioned WorkFirst participant or an applicant who was terminated by a sanction review panel and in an activity needed to remove a sanction penalty or to re-open your case;

   3. 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;

      1. "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:

         1. Reason the parent is unable to care for the children;

         2. Expected duration and severity of the condition that keeps them from caring for the children; and

         3. 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.

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

   4. A married consumer described under WAC 170-290-0005 (1)(d) through (i). Only you or your spouse must be participating in activities under WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055.

2. You might be eligible for WCCC if your children are legally residing in the country, are living in Washington state, and are:

   1. Less than age thirteen ; or

   2. Less than age nineteen, and:

      1. Have a verified special need, according to WAC 170-290-0220; or

      2. Are under court supervision.

3. 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 170-290-0015. This includes if you work:

   1. 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

   2. In your home or another location and your children receive care at the same location during your hours of employment.

Note: This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

EXAMPLE 1

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 2

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.

EXAMPLE 3

Paul and Martha receive TANF. Martha is exempted from WorkFirst by her case manager to care for a sick relative in her home. Paul is in a WorkFirst activity 40 hours a week. Paul and Martha are approved for WCCC. Care is authorized to cover Paul's participation in WorkFirst.

EXAMPLE 4

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.

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, family income and the eligible child's child care needs.