wa-26-21-098: Children, Youth, and Families, Department of — WSR 26-21-098

WSR 26-21-098 (26-21)WSR 26-21-098PROPOSED RULESDEPARTMENT OFCHILDREN, YOUTH, AND FAMILIES[Filed October 21, 2026, 9:59 a.m.]Continuance of WSR 26-17-106.Preproposal statement of inquiry was filed as WSR 25-14-107 and 26-10-099.Title of Rule and Other Identifying Information: WAC 110-15-0075 Determining income eligibility and copayment amounts. Hearing Location(s): On November 24, 2026, at 10:00 a.m., at the Department of Children, Youth, and Families (DCYF) Headquarters, Conference Room 1213, 1500 Jefferson Street S.E., Olympia, WA 98501. Comments can be made by submitting comments to the online comment application linked below, emailing the rules coordinator, attending a public hearing in person, or calling 360-972-5385 and leaving a voicemail that includes the comment and an email or physical mailing address where DCYF will send its response. All comments must be received by the deadline date and time listed below.Date of Intended Adoption: November 25, 2026.Submit Written Comments to: DCYF rules coordinator, email dcyf.rulescoordinator@dcyf.wa.gov, web https://dcyf.wa.gov/practice/policy-laws-rules/rulemaking/participate/online, beginning October 22, 2026, at 8:00 a.m., by November 24, 2026, at 11:59 p.m.Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-522-3691, email dcyf.rulescoordinator@dcyf.wa.gov, relay 711, by November 17, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is a continuance of a proposed rule amendment filed under WSR 26-17-106. A continuance is being filed to give the public additional opportunity for commenting in a public hearing. These amendments are currently in effect in emergency status under WSR 26-20-064.The early learning division (ELD) is amending these WAC to implement ESSB 5752 regarding changes to working connection child care (WCCC) copayment structure. ELD must adopt a copayment structure that applies to households eligible for WCCC, except for those eligible under RCW 43.216.808 (categorically eligible child protective, child welfare, or family assessment response services and participation in specialty courts) and 43.216.814 (high school students or students under 21 years old working towards a high school equivalency certificate). Also per ESSB 5752, modifications to WAC language are necessary to implement child care subsidy program changes related to repealing expanded eligibility for registered apprenticeships and child care employees and removing enrollment in a state registered apprenticeship as being excluded from the work requirements as a condition of receiving WCCC. Reasons Supporting Proposal: See purpose.Statutory Authority for Adoption: RCW 43.216.804, [43.]216.806, and ESSB 5752.Statute Being Implemented: RCW 43.216.804, [43.]216.806, and ESSB 5752. Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: DCYF, governmental.Name of Agency Personnel Responsible for Drafting: Christin James, Yakima, Washington, 360-972-5385; Implementation and Enforcement: DCYF, statewide.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i).This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.Explanation of exemptions: The rate adjustment is dictated by statute, specifically RCW 43.216.804.Scope of exemption for rule proposal:Is fully exempt.October 21, 2026Brenda VillarrealRules CoordinatorRDS-7365.3AMENDATORY SECTION(Amending WSR 24-20-130, filed 10/1/24, effective 11/1/24)WAC 110-15-0075Determining income eligibility and copayment amounts.(1) The department determines consumers' eligibility and copayments, when care is provided under a WCCC voucher or contract, by:(a) Family size as described in WAC 110-15-0015; and(b) Countable income as described in WAC 110-15-0065.(2) The department calculates consumers' copayments as follows:If the ((household's income is))households' incomes are:Then the ((household's))households' maximum monthly ((copayment is))copayments are:((At or below 20))Below 25 percent of the SMI((Waived))$0((Above 20 percent and at or below 36))At or above 25 percent and below 35 percent of the SMI(($65))25 percent of the state median income for a household of two, multiplied by five percent((Above 36 percent and at or below 50))At or above 35 percent and below 45 percent of the SMI(($90))35 percent of the state median income for a household of two, multiplied by 5.5 percent((Above 50 percent and at or below 60))At or above 45 percent and below 55 percent of the SMI(($165))45 percent of the state median income for a household of two, multiplied by six percent((At reapplication, above 60 percent and at or below 65 percent of the SMI$215An applicant between 60 percent and 75 percent of the SMI for families participating in a state-registered apprenticeship$215))At or above 55 percent of the state median income55 percent of the state median income for a household of two, multiplied by 6.5 percentCurrent copayment amounts are shown on the copay calculation table on the department website.(3) Active recipients of the supplemental nutrition assistance program are income eligible and the copayment will be determined using the income standards in subsection (2) of this section.(4) The department does not prorate copayments when consumers use care for only part of a month.(5) The department waives copayments for eligible consumers who meet one or more of the following:(a) Age 21 years or younger who attend high school or are working towards completing a high school equivalency certificate; or(b) ((Employed by, as confirmed or verified in the department's electronic workforce registry:(i) A licensed or certified child care provider;(ii) An early childhood education and assistance program;(iii) A birth to three early childhood education and assistance program;(iv) A head start program;(v) An early head start program; or(vi) A successor federal program;(c))) Eligibility under:(i) WAC 110-15-0023; or(ii) WAC 110-15-0024.