DCF 201. 02 (12) “Foster parent” means a person licensed under s. 48.62 (1), Stats., or licensed by a tribal social services agency as a tribal placement home. SECTION 12. DCF 201.02 (13) is repealed and recreated to read:
DCF 201.02 (13) “Gross income” means the income used in determining financial eligibility under s. 49.155 (1m) (c), Stats. SECTION 13. DCF 201.02 (15m) is created to read:
DCF 201.02 (15m) “Maximum rate” means the maximum rate that the department will use in calculating the amount of a payment under the child care subsidy program.
SECTION 14. DCF 201.02 (19) is repealed.
SECTION 15. DCF 201.02 (19m) is created to read:
DCF 201.02 (19m) “Slots” means the number of places for children within the capacity of a child care provider under the applicable law for that type of provider.
SECTION 16. DCF 201.02 (23) and (25) are repealed.
SECTION 17. DCF 201.03 (1) and (2) are repealed and recreated to read:
DCF 201.03 (1) GENERAL. The department shall maintain oversight responsibility of local administration of the child care subsidy program by child care administrative agencies.
SECTION 18. DCF 201.03 (3) is amended to read:
DCF 201.03 (3) ASSISTANCE TO CHILD CARE ADMINISTRATIVE AGENCIES. The department shall provide information and technical assistance to child care administrative agencies regarding administration of the child care funding subsidy program.
SECTION 19. DCF 201.03 (5) is repealed.
SECTION 20. DCF 201.03 (6) is amended to read:
DCF 201.03 (6) INCENTIVE PROGRAM FOR LOCAL FRAUD DETECTION. The department shall provide an incentive payment as specified under s. DCF 201.035 s. DCF 201.044 to a local agency for identifying fraud in the child care subsidy program. SECTION 21. DCF 201.034 is created to read:
DCF 201.034 Child care administrative agencies. (1) The department may contract with a child care administrative agency to administer, or to share in the administration of, the child care subsidy program in a particular county.
(2) The duties of a child care administrative agency shall include all of the following:
(a) Responding to requests for information on the child care subsidy program.
(b) Ensuring that a parent’s eligibility for the subsidy program is accurately determined.
(c) Assessing a family’s need for child care.
(d) Providing information to a parent about resources for identifying potential child care providers.
(e) Determining a parent’s copayment amount.
(f) Establishing an authorization for subsidized child care for an eligible parent.
(g) Ensuring program integrity, including determining and processing overpayments.
(h) Representing the agency in appeals under ch. 227, Stats. (3) A child care administrative agency shall ensure that each new employee who performs an agency responsibility under sub. (2) (b), (c), (e), (f), or (g) completes the department’s initial training within the first 6 months of employment.
(4) A child care administrative agency may subcontract responsibilities with the approval of the department.
SECTION 22. DCF 201.035 is renumbered to be DCF 201.044.
SECTION 23. DCF 201.036, 201.038, and 201.039 are created to read:
DCF 201.036 Eligibility. (1) REQUEST FOR ASSISTANCE. A parent shall sign a request for assistance under the child care subsidy program.
(2) AGENCY DETERMINATION. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats. (3) CHANGE IN CIRCUMSTANCES (a) Parent. A parent shall notify the child care administrative agency of any change in circumstances that affects the parent’s eligibility or need for child care within 10 days after the change.
(b) Agency. A child care administrative agency shall redetermine a parent’s eligibility for the child care subsidy program and need for child care in a timely manner following receipt of a parent’s report of a change in circumstances affecting his or her eligibility or need for child care.
(4) ANNUAL RENEWAL. A child care administrative agency shall review a parent’s eligibility no sooner than 12 months following the initial determination of the parent’s eligibility or the parent’s most recent annual renewal of eligibility, unless the parent requests a renewal sooner.
Note: For example, a parent may want to renew eligibility for the child care subsidy program early because he or she is at the agency for a renewal of a different program, such as FoodShare.
DCF 201.038 Child care providers. (1) PROVIDER REQUIREMENTS. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions:
(a) Regulated child care. The child care provider is any of the following:
1. A child care center licensed by the department under s. 48.65, Stats., and ch. DCF 250 or 251, or a day camp licensed by the department under s. 48.65, Stats., and ch. DCF 252. 2. A child care provider certified by a certification agency under s. 48.651, Stats., and ch. DCF 202. For purposes of this paragraph, a child care administrative agency may consider a provider to be certified beginning on the date the provider’s application for certification was received by the certification agency. 3. A child care program established or contracted for by a school board under s. 120.13 (14), Stats. 4. A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
(b) Quality rating system. The child care provider is any of the following:
1. A child care provider that is participating in the department’s quality rating system under ss. 48.659 and 49.155 (6) (e), Stats. 2. An in-home provider or an out-of-state provider that has signed a child care subsidy participation contract
(c) Fingerprint background check. The provider is in compliance with the requirements in s. 48.685 (2) (br), Stats. (2) ELECTRONIC FUND TRANSFER. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.
(3) PARENTAL CHOICE. A parent may choose any child care provider that meets the conditions in sub. (1).
(4) PRICE AND RATE. A parent may choose a child care provider with a child care price that is higher than the applicable maximum rate and pay the difference between the provider’s price and the applicable maximum rate under s. DCF 201.06 in addition to any required copayment. DCF 201.039 Authorizations. (1) ASSESSMENT OF NEED. A child care administrative agency shall determine and authorize the amount of child care for which an eligible parent may receive a subsidy.
(2) PARENT. A parent shall inform the child care administrative agency of all of the following:
(a) The child care provider that will care for the child.
(b) The specific dates and times of the parent’s schedule of approved activities under s. 49.155 (1m) (a), Stats. (c) Any other information requested by the agency regarding the family’s need for child care.
(3) LICENSED PROVIDER PRICES. A child care administrative agency may refuse to authorize payment for child care services by a child care provider licensed under s. 48.65, Stats., if the provider refuses to submit documentation of the provider’s child care prices in response to an agency request. (4) TWO-PARENT FAMILY. In two-parent families, both parents shall meet the eligibility criteria in s. 49.155 (1m), Stats., unless the child care administrative agency verifies that one parent has a disability or health condition that makes that parent unable to participate in an approved activity under s. 49.155 (1m) (a), Stats., and unable to provide the child care necessary for the second parent to participate in an approved activity under s. 49.155 (1m) (a), Stats. The agency shall require the parent to provide documentation of the disability or health condition from a doctor, psychiatrist, or psychologist. (5) CARE PROVIDED IN A CHILD’S HOME. A child care administrative agency may authorize payment for child care services in a child’s home only if the child care provider is certified under s. 48.651, Stats., and any of the following apply: (a) Care is provided to 3 or more children from the same family.
(b) Other licensed or certified care is not available within a reasonable geographic area.
(c) Other licensed or certified care is not available during the hours when child care is needed, such as during second or third shift or weekend hours.
(d) The child has a special need and child care is best provided in the child’s home.
(6) NO PARENTS OR HOUSEHOLD MEMBERS. A child care administrative agency may not authorize payment for child care services by a provider who is a parent of the child, resides with the child, or is legally responsible for the child under s. 49.90, Stats. (7) AUTHORIZATION CRITERIA FOR A PROVIDER’S CHILD. (a) The department or a child care administrative agency may authorize payment for the care of a child whose parent is a child care provider only if the care will be provided by another child care provider and any of the following apply:
1. The care will allow the parent to participate in an approved activity under s. 49.155 (1m) (a), Stats., other than an activity related to child care. 2. The department or agency determines that assistance is appropriate because the child has a special need.
3. The parent is the child’s foster parent.
4. The parent is the child’s guardian or interim caretaker and is receiving subsidized guardianship payments under s. 48.623, Stats., for the care and maintenance of the child. 5. The parent is the child’s kinship care relative, the child has been placed with the relative under a court order, and the relative is receiving kinship care payments under s. 48.57 (3m) or (3n), Stats., for the care and maintenance of the child. 6. Both of the following apply:
a. The child’s biological parent is a dependent minor child under the age of 18 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.
