In addition, the proposed rule will incorporate several existing policies into rule, including the following:
A licensed child care provider is required to submit the provider’s full-time and part-time rates to the child care administrative agency. Full-time rates are based on 35 to 50 hours of child care per week and part-time rates are based on 20 or fewer hours of child care per week.
A parent may receive a subsidy for child care to allow the parent to participate in an educational activity to maintain employment only if the parent also works in an unsubsidized job for at least 20 hours per month. A local agency may not require a parent to work more than 20 hours per month.
An individual who is incarcerated from will be excluded from an assistance group on the 30th day of incarceration.3. Detailed explanation of statutory authority for the rule
The department administers the child care subsidy program under s. 49.155, Stats. Section 49.155 (1m) (d), Stats., authorizes the department to establish other eligibility criteria by rule. Section 49.155 (7m), Stats., directs the department to by rule establish policies and procedures permitting the department to do all of the following if a child care provider submits false, misleading, or irregular information to the department or if a child care provider fails to comply with the terms of the program under this section and fails to provide to the satisfaction of the department an explanation for the noncompliance: 1. Recoup payments made to the child care provider.
2. Withhold payments to be made to the child care provider.
3. Impose a forfeiture on the child care provider.
Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. 4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
300 hours
5. List with description of all entities that may be affected by the rule
Child care administrative agencies and parents applying for or receiving a child care subsidy under s. 49.155, Stats.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
The child care subsidy program is funded in part by the Child Care Development Fund and must comply with the requirements of 45 CFR Part 98. 7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
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