42 USC 9858c (c) (2) (S) requires that the payment practices of child care providers that serve children who receive assistance reflect generally accepted payment practices of child care providers that serve children who do not receive assistance, so as to provide stability of funding and encourage more child care providers to serve children who receive assistance. The emergency rule does not include requirements of the final rule adopted by the Administration for Children and Families on September 30, 2016. The federal rule makes significant changes to the Child Care Development Fund program that will require state statutory changes before implementation.
Comparison to Adjacent States
In the adjacent states, child care providers generally receive subsidy payments directly from the state after providing child care and submitting attendance report forms to the department.
Effect on Small Businesses
The rule will benefit child care providers that are small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
With the new payment system, child care providers will no longer be required to submit attendance report forms to the department and will receive subsidy payments more quickly.
Agency Contact
Hearing Information
Date: June 12, 2017
Time: 1:30 pm
Location: GEF 1 Building, 201 E. Washington, D203, Madison WI
Written comments may be submitted no later than June 13, 2017, to dcfpublichearing@wisconsin.gov or Elaine Pridgen, Rules Coordinator, Department of Children and Families, 201 E. Washington, P.O. Box 8916, Madison, WI, 53708-8916. SECTION 1. DCF 101.26 (1) is repealed.
SECTION 1m. DCF 101.26 (2) is renumbered DCF 101.26.
SECTION 2. Chapter DCF 201 (title) is repealed and recreated to read:
CHILD CARE SUBSIDY PROGRAM
SECTION 3. DCF 201.01 is repealed and recreated to read:
DCF 201.01 Purpose. This chapter provides standards and procedures for the administration of the child care subsidy program under ss. 49.155 and 227.11 (2) (a), Stats. This chapter applies to the department, child care administrative agencies, child care providers, and eligible parents. SECTION 4. DCF 201.02 (2) is repealed.
SECTION 5. DCF 201.02 (3) is amended to read:
DCF 201.02 (3) “Child care administrative agency” or “agency” means any agency that has a contract with the department to administer the child care funds subsidy program; any agency that has a subcontract to administer the child care funds subsidy program with an agency that has a contract with the department; or, in a county having a population of 500,000 or more Milwaukee County, the department or the “unit” as defined in s. 49.825 (1) (e), Stats. SECTION 6. DCF 201.02 (5) is repealed and recreated to read:
DCF 201.02 (5) “Child care price” means the amount a child care provider charges for child care services.
SECTION 7. DCF 201.02 (6) is amended to read:
DCF 201.02 (6) “Child care provider” or “provider” means a provider licensed under s. 48.65, Stats.; certified under s. 48.651, Stats.; established or contracted for under s. 120.13 (14), Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan. SECTION 8. DCF 201.02 (6m) is repealed and recreated to read:
DCF 201.02 (6m) “Child care subsidy program” or “subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m), Stats., with child care expenses. SECTION 9. DCF 201.04 (7) is repealed.
SECTION 10. DCF 201.04 (7r) is repealed and recreated to read:
SECTION 11. DCF 201.02 (11) is repealed.
SECTION 11m. DCF 201.02 (12) is amended to read:
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:
