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.
(d) A parent’s child care provider is responsible for billing and collecting payment for child care services from the parent.
SECTION 27. DCF 201.04 (2g) (title) and (a) are repealed.
SECTION 28. DCF 201.04 (2g) (c) 1. (intro.) is amended to read:
DCF 201.04 (2g) (c) 1. (intro.) If reimbursement payment to a child care provider is based on weekly authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
SECTION 29. DCF 201.04 (2g) (d), (e), and (g) are repealed.
SECTION 30. DCF 201.04 (2g) (h) is amended to read:
DCF 201.04 (2g) (h) The A child care administrative agency may authorize payment to a licensed or certified provider to hold a slot for a child with a child care provider if the parent has a temporary break in employment and intends to return to work and continue to use the child care provider upon return to work. The agency may authorize payment for no more than 6 weeks if the absence is due to a medical reason and is documented by a physician or for no more than 4 weeks if the absence is for other reasons. The department and child care administrative agency may not consider payment for a temporary absence to be an overpayment if the parent intended to return to work but does not actually return.
SECTION 31. DCF 201.04 (2j), (2m), (3), (4), and (5) (title) are repealed.
SECTION 32. DCF 201.04 (5) (a) 1. and 2. (intro.) and (b) 1. to 4. are amended to read:
DCF 201.04 (5) (a) Parent overpayments. 1. A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of payment under the child care benefit subsidy program and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under the requirements of the child care assistance subsidy program requirements, regardless of whether the overpayment was the result of administrative error, client error, or intentional program violation. Section DCF 101.23 shall apply to overpayment collection from a parent under this section. 2. An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care benefit subsidy payment or ineligibility for a the child care benefit subsidy program due to any reason, including the following:
3. The child care worker administrative agency shall determine good cause under subd. 2. b. if the approved activity is unsubsidized employment. A parent’s absence from unsubsidized employment shall be considered good cause if the parent is using employer−approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized.
(b) 1. A provider received reimbursement was paid with child care funds based on attendance records that indicate more hours than a child actually attended. If attended hours were misrepresented by the provider, the provider is responsible for an overpayment of the difference between the reimbursed hours paid for with child care funds and the actual hours of attendance regardless of the type of authorization under s. DCF 201.04 (2g) (a). 2. A provider received reimbursement was paid with child care funds for care provided at a location other than the location for which the authorization for care was issued, except for field trips.
3. A provider received reimbursement made was paid with child care funds for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6), 250.05 (4), 251.05 (4), or 252.42 (3). 4. A provider received reimbursement was paid with child care funds for care during time when the provider was in violation of the terms of the provider’s license under s. DCF 250.04 (1), 251.04 (1), or 252.05 (3), including age of the children served by the center and hours, days, and months of operation of the center. SECTION 33. DCF 201.04 (5) (b) 5. and (6) (title) are repealed.
SECTION 34. DCF 201.045 and 201.05 are repealed.
SECTION 35. DCF 201.06 is repealed and recreated to read:
DCF 201.06 Establishing maximum rates. (1) EQUAL ACCESS. The department shall establish maximum rates that are sufficient to ensure that families eligible for the child care subsidy program have access to child care services that are comparable to those accessible to families who are not eligible for the child care subsidy program.
(2) RATE GROUPING. (a) County. The department shall set maximum rates for child care services in each county within the state. A tribal area shall be included in the county in which it is geographically located.
