(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 26. DCF 201.04 (title) is repealed and recreated to read:
DCF 201.04 (title) Payments and overpayments.
SECTION 27. DCF 201.04 (1) is repealed.
SECTION 28. DCF 201.04 (2) is repealed and recreated to read: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 29. DCF 201.04 (2g) (title) and (a) are repealed.
SECTION 30. 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 31. DCF 201.04 (2g) (d) to (g) is repealed.
SECTION 32. 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 33. DCF 201.04 (2j), (2m), (3), (4), and (5) (title) are repealed.
SECTION 34. DCF 201.04 (5) (a) 1. and 2. (intro.) 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.
SECTION 35. DCF 201.04 (5) (b) 1. is repealed.
SECTION 36. DCF 201.04 (5) (b) 2. to 4. are amended to read:
DCF 201.04 (5) (b) 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 37. DCF 201.04 (5) (b) 5. and (6) (title) are repealed.
SECTION 38. DCF 201.045 and 201.05 are repealed.
SECTION 39. 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.
(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 percent 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), Stats., 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. (3) (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. (3) (b). (b) In-home provider. 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 rates 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 40. 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 41. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
