(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.
b. The dependent minor parent and the child reside with a person who is considered the child’s parent for the purposes of this chapter and who may be the dependent minor parent’s custodial parent, kinship care relative, foster parent, or guardian or interim caretaker receiving a payment under s. 48.623, Stats., for the care and maintenance of the dependent minor parent. (b) If a parent who is a child care provider submits documentation of circumstances that meet the conditions of this subsection, the child care administrative agency shall consider the documentation to be an application for a waiver under s. 49.155 (3m) (d) 3, Stats. (8) EMPLOYEE OF CERTIFIED PROVIDER. A child care administrative agency may not authorize payment for child care services by a provider certified under s. 48.651, Stats., if the child’s parent or a person who resides with the child is employed by the provider at the same location. (9) AUTHORIZATION NOTICE. (a) After a parent has provided all of the information required under sub. (2) and the child care administrative agency has completed the assessment of the family’s need for child care, the agency shall issue a written authorization notice to the parent approving payment for child care through the subsidy program based on the specific provisions in the notice.
(b) An authorization notice shall specify the child who will receive the care, the child care provider, the location where the child care will be provided, the time period in which the child care will be provided, the number of hours of child care authorized per month, and the maximum subsidy payment amount per month.
(10) BACKDATED START DATE. (a) Authorization within 30 days after request for assistance. 1. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment beginning on the date that all of the following conditions are met: a. The parent has submitted a request for assistance under the child care subsidy program.
b. The child is receiving child care services from a child care provider.
c. The provider is in compliance with the requirements of s. DCF 201.038 (1). 2. Notwithstanding subd. 1., if an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment beginning on the later of the first day of a month or the date of child placement if all of the following conditions are met: a. The parent is a kinship care relative receiving payments under s. 48.57 (3m), Stats., and providing care and maintenance for the child who is placed in his or her home pursuant to a court order under ch. 48 or 938, Stats. b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.
(b) Authorization more than 30 days after request for assistance. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment for child care services by a provider in compliance with s. DCF 201.038 (1) beginning the first of the month in which the parent submits the information required under sub. (2). (11) NEW CHILD CARE PROVIDER. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider as follows:
(a) Effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month.
(b) Effective on a date in the current month only with department approval.
SECTION 24. DCF 201.04 (title) is repealed and recreated to read:
DCF 201.04 (title) Payments and overpayments.
SECTION 25. DCF 201.04 (1) is repealed.
SECTION 26. DCF 201.04 (2) is repealed and recreated to read:
DCF 201.04 (2) (a) The amount of a monthly subsidy payment shall be based on the number of hours of child care that an agency authorizes and any of the following that are applicable:
1. For care by a provider licensed under s. 48.65, Stats., the lower of the provider’s child care price or the applicable maximum rate under s. DCF 201.06 (4), minus any copayment required under s. DCF 201.08. 2. For care by a provider certified under s. 48.651, Stats., the applicable rate under s. DCF 201.06 (5), minus any copayment required under s. DCF 201.08. 3. For care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., the applicable rate under s. DCF 201.06 (6), minus any copayment required under s. DCF 201.08. (b) The department may issue all payments by electronic funds transfer.
(c) A parent’s electronic access to a subsidy payment shall expire 90 days after the date that the department issues the payment to the parent.
