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Working Connections Child Care (WCCC) Manual

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Approvable Consumers and Activities


NOTICE:   ITEMS SHADED IN BLUE ARE A RESULT OF THE COLLECTIVE BARGAINING AGREEMENT WITH STATE AND THE UNION REPRESENTING THE FAMILY HOME AND IN-HOME/RELATIVE PROVIDERS EFFECTIVE 7/1/07.

C.  Rights and Responsibilities - Consumers and DSHS

Revised:  July 1, 2007

Consumer Rights
Consumer Responsibilities
DSHS responsibilities

Also see Hearings


Effective May 28, 2004

WAC 170-290-0025  What rights do I have when I apply for or receive WCCC benefits?

When you apply for or receive WCCC benefits you have the right to:

  1. Be treated politely and fairly without regard to race, color, creed, religion, sex, presence of any sensory, mental or physical disability, sexual orientation, political affiliation, national origin, religion, age, gender, disability, or birthplace;

  2. Have WCCC eligibility determined within thirty days from your application date per WAC 170-290-0100(2);

  3. Be informed, in writing, of your legal rights and responsibilities related to WCCC benefits;

  4. Only have your information shared with other agencies when required by federal or state regulations;

  5. Get a written notice at least ten days before we make changes to lower or stop benefits except as stated in WAC 170-290-0120;

  6. Ask for a fair hearing if you do not agree with us about a decision per WAC 170-290-0260.

  7. Ask a supervisor or administrator to review a decision or action affecting your benefits without affecting the right to a fair hearing;

  8. Have interpreter or translator service within a reasonable amount of time and at no cost to you;

  9. Choose your provider as long as the provider meets the requirements in WAC 170-290-0125; and

  10. Ask the fraud early detection (FRED) investigator from the division of fraud investigations (DFI) to come back at another time. You do not have to let an investigator into your home. You may ask the investigator to come back at another time. This request will not affect your eligibility for benefits. If you refuse to cooperate (provide the information requested) with the investigator, it could affect your benefits.

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.

CLARIFYING INFORMATION

If a consumer does not cooperate with DFI, decide if you have enough information to determine eligibility or continue current eligibility. If not, you can request further information from the consumer by sending a pending letter (on an unapproved case) or a request for information letter (on an approved case). Follow denial, termination, or approval procedures accordingly.


Effective December 1, 2005

WAC 170-290-0030  What must I do when I apply for or receive WCCC benefits?

When you apply for or receive WCCC benefits you must:

  1. Give us correct and current information so we can determine your eligibility and authorize child care payments correctly;

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

  3. Pay, or make a plan to have someone pay, your WCCC copayment directly to your child care provider;

  4. Leave your children with your provider while you are in WCCC approved activities.  If you are not in an approved activity and you want to use the provider, you must make a plan to pay the provider yourself if the provider wants payment.

  5. If you use an in home/relative provider, make sure care is being provided in the right home per WAC 170-290-0130.

  6. Cooperate (provide the information requested) with the quality assurance review process to remain eligible for WCCC. You become ineligible for WCCC benefits upon a determination of noncooperation by quality assurance and remain ineligible until you meet quality assurance requirements or thirty days from the determination of noncooperation.

  7. Cooperate with the fraud early detection (FRED) investigator. If you refuse to cooperate (provide the information requested) with the investigator, it could affect your benefits.

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.

Consumers must cooperate with quality assurance. Consumers are ineligible for WCCC until they cooperate or up to a maximum of 30 days. If the consumer reapplies, they may still be in non-cooperation with quality assurance and be eligible for WCCC. You must decide if the information requested by quality assurance is needed to determine new eligibility. If so, you must request the information needed. If it is not received deny the case following denial procedures. If you do receive the information, inform quality assurance. Special note: A consumer can become ineligible for WCCC for another 30 days if another issue arises with quality assurance and they again do not cooperate.


Effective May 28th, 2004

WAC 170-290-0031 What changes do I need to report when I apply for or receive WCCC?
  1. Notify WCCC staff, within five days, of any change in providers;

  2. Notify your provider within ten days when we change your child care authorization;

  3. Provide notice to WCCC staff within ten days of any change in:

    1. The number of child care hours you need (more or less hours);

    2. Your household income, including any TANF grant or child support increases or decreases;

    3. Your household size such as any family member moving in or out of your home;

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

    5. The address and telephone number of your in-home/relative provider;

    6. Your home address and telephone number; and

    7. Your legal obligation to pay child support.

  4. Report to your child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about your in-home/relative provider.

  5. Report to the child care authorizing worker, within twenty-four hours, any pending charges or conviction information you learn about anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home.

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.

Effective December 1, 2005

WAC 170-290-0032 What are the consequences if I do not report changes within the specified time frames?

If you fail to report any changes as required in WAC 170-290-0031 within the stated time frames, we may establish an overpayment per WAC 170-290-0271 or you might have to pay more than your normal share of child care costs, such as:

  1. Paying a higher copayment;

  2. Paying for extra hours of care when your activity requires more than ten hours a day of care;

  3. Receiving an overpayment for the number of days your child was absent including the absences the licensed/certified or DSHS seasonal contracted day care provider is allowed to bill (see publication Child Care Subsidies, A Booklet for Licensed and Certified Child Care Providers, DSHS 22-877)(Editor's note: this publication is now DEL 22-877). An overpayment for absent days can occur when care is used when you are not eligible for WCCC and can be up to five days 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.

CLARIFYING INFORMATION:

  1. If a consumer fails to report changes timely according to WAC 170-290-0031 authorize care back to the date:

    1. The consumer is eligible for the increase in care and

    2. An eligible provider did care.

This includes payment for:

  • Care for over 10 hours a day (WAC 170-290-0032(2) will be changed at a later date)

  • Increasing half-days to full-days or increasing hourly care.

EXAMPLE 1:

Misty is currently approved for half-day child care. She calls in August to request full-day child care for her provider back to June 25th. Misty's schedule supports full-day care and she used an eligible provider. Authorize care per Misty's request effective June 25th.

EXAMPLE 2:

Misty is currently approved for half-day child care. She calls in August to request full-day child care for her provider back to June 25th. Misty's schedule does not support full-day care until her activity schedule changed July 10th. Misty used an eligible provider. Authorize care per Misty's request effective July 10th.

  1. If a consumer fails to report changes timely according to WAC 170-290-0031 the consumer may not be eligible for reimbursements and could receive overpayments.

EXAMPLE:

Daisy is approved for WCCC February 1 through July 31 with a $200.00 copayment. Her income is reduced beginning in March but she does not report the change until May 15th. Daisy did not report the change timely per WAC 170-290-0031(3)(b). You review the income and child care need. If her copayment is decreased, the change effective date is June 1.  She is not reimbursed the copayment difference for May because she did not report timely.

  1. Paying a higher copayment refers to a consumer not being reimbursed if they do not report income decreases timely. A copayment for a consumer is not increased during their eligibility period except for as noted in WAC 170-290-0085. See COPAYMENT section for more information.


WORKER RESPONSIBILITIES:

  1. When a source other than the consumer reports information, such as the provider or a neighbor, you must still confirm the report with the consumer. You can call the consumer or send a Request for Information letter (DEL 07-076). The consumer is still responsible to report changes within the stated timelines.

  2. If the provider calls to report they are no longer providing care you can terminate payment per the provider’s request. This does not terminate the consumer’s eligibility. When this occurs, contact the consumer by calling or sending a DEL 14-417 Part 2 form and possibly a Background Authorization form (DSHS 09-653).

  3. Information from another government source (such as ACES, SEMS, etc) does not need to be verified. The consumer or provider may be eligible for a reimbursement or an increase in care or payment depending on the information.

EXAMPLE:

A consumer is eligible for WCCC January 1 through June 30. While reviewing the consumer’s reapplication you find in SEMS their child support payments stopped in March. The consumer did not report this information, but the state was aware of the change. You can re-determine the consumer’s copayment for April-June based on this decreased income.

The difference in the copayments can be a reimbursement to the consumer or a payment to the provider depending on how much the consumer paid the provider April-June for the copayment.

Effective December 1, 2005

WAC 170-290-0035  What responsibilities does the WCCC program staff have?

The WCCC program staff are responsible to:

  1. Determine your eligibility within thirty days from the date you applied (application date as described in WAC 170-290-0100(2)).

  2. Allow you to choose your provider as long as they meet the requirements in WAC 170-290-0125;

  3. Review your chosen in home/relative provider's background information.

  4. Authorize payments only to child care providers who allow you to see your children whenever they are in care;

  5. Only authorize payment when no adult in your WCCC family is "able or available" to care for your children (under WAC 170-290-0020). 

  6. Inform you of:

    1. Your rights and responsibilities under the WCCC program at the time of application and reapplication;

    2. The types of child care providers we can pay;

    3. The community resources that can help you select child care when needed; and

    4. Any change in your copayment during the authorization period except under WAC 170-290-0120(5).

  7. Respond to you within ten days if you report a change of circumstance that affects your:

    1. WCCC eligibility;

    2. Copayment; or

    3. Providers.

  8. Provide prompt child care payments to your child care provider.

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.

WORKER RESPONSIBILITIES:

Staff must determine eligibility within 30 days of the date of application. Take the following steps if a client has failed to provide the necessary information to determine eligibility:

  1. Send a pending letter describing exactly what items are needed. Allow for at least 12 days for a client to return the information or contact the office (12 days allows for extra days needed due to letters being mailed from Olympia by the central mail process).

  2. Send a denial notice if the consumer does not supply the information needed.

  3. Re-pend the application if the consumer requests additional time per WAC 388-458-0020.

 

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