(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.
(b) Age groups. Within each county, the department shall set maximum rates for the following age groups:
1. Infants and toddlers under 2 years of age.
2. Children ages 2 to 3 years and 11 months.
3. Children ages 4 to 5 years and 11 months.
4. Children ages 6 to 13 years.
(c) Types of providers. Within each county and within each age group, the department shall set maximum rates for child care services by each of the following types of providers:
1. Group child care centers licensed under s. 48.65, Stats., and ch. DCF 251 and day camps licensed under s. 48.65, Stats., and ch. DCF 252. 2. Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250. (3) SURVEY OF LICENSED CENTERS AND DAY CAMPS. (a) The department shall annually contact all group child care centers, family child care centers, and day camps to obtain their child care prices.
(b) The department shall include only child care prices submitted in writing in the survey results.
(4) MAXIMUM RATES FOR LICENSED CENTERS AND DAY CAMPS. (a) Licensed group child care centers and day camps. The department shall set maximum rates so that at least 75 percent of the slots in a county at group child care centers licensed under ch. DCF 251 and day camps licensed under ch. DCF 252 may be purchased at or below the maximum rate. The number of slots attributed to a group child care center or day camp shall be equal to the licensed capacity. (b) Licensed family child care centers. The department shall set maximum rates so that at least 75 percent of the slots in a county at family child care centers licensed under ch. DCF 250 may be purchased at or below the maximum rate. The number of slots attributed to a family child care center shall be equal to the center’s licensed capacity. (c) Exclusions. In determining maximum rates for licensed group child care centers, licensed family child care centers, and licensed day camps under pars. (a) and (b), the department may exclude the child care prices of a group child care center, family child care center, or day camp at which any of the following apply:
1. The center or day camp operates less than 5 days a week or 5 hours a day.
2. The center or day camp has not established full-time, weekly, or monthly child care prices.
3. The department issues child care subsidy payments for the care of more than 75% of the children attending the center or day camp.
(d) Sibling rates. The department may not establish reduced maximum rates for siblings.
(5) RATES FOR CERTIFIED CHILD CARE PROVIDERS. (a) Percentage of licensed rates. The department shall set rates for certified child care providers under s. 49.155 (6) (b) and (c), as follows: 1. Rates for Level I regular certified providers under s. 48.651 (1) (a), Stats., shall be 75 percent of the rates established under sub. (4) (b). 2. Rates for Level II provisional certified providers under s. 48.651 (1) (b), Stats., shall be 50 percent of the rates established under sub. (4) (b). (b) In-home providers. Notwithstanding par. (a), the rate for a certified in-home provider who is providing child care services for 15 or more hours per week is the applicable minimum wage, regardless of the number of children receiving care.
(6) RATES FOR SCHOOL BOARD PROGRAMS. The rate for care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats, shall be the same as the applicable rate for a licensed group child care center under sub. (4) (a). (7) RATES FOR OUT-OF-STATE PROVIDERS. The maximum rate for an out-of-state provider shall be the applicable maximum rate in the county in which the parent resides or the out-of-state provider’s actual rate, whichever is lower.
(8) SPECIAL NEED. On a case-by-case basis, a child care administrative agency may set a rate higher than the rate established under this section for the care of a child with a special need.
SECTION 36. DCF 201.08 (2) (f) (Note) is amended to read:
DCF 201.08 (2) Note: Section 49.155 (5), Stats., provides: “An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.” Section 49.26 (1) (e), Stats., prohibits copayment responsibility for minor teen parents who are Learnfare participants. 7 USC 2015 prohibits copayment responsibility for participants in the Food Stamp Employment and Training program. SECTION 37. EFFECTIVE DATE. This rule shall take effect upon publication as provided in s. 227.24 (1) (c), Stats.
