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Effect on Small Businesses
The proposed rule will reduce compliance costs for child care providers that care for children whose care is subsidized, including 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
Rose Prochazka, Chief, Wisconsin Shares Policy Section, rose.prochazka@wisconsin.gov, (608) 422-6078.
Public Comment
The department will hold a public hearing on June 12, 2017, at 1:30 pm, in the GEF 1 Building, 201 E. Washington, Room D203, Madison. Written comments may be submitted no later than June 13, 2017, to dcfpublichearing@wisconsin.gov or Elaine Pridgen, Office of the Secretary, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916.
SECTION 1. DCF 101.26 (1) is repealed.
SECTION 2.. DCF 101.26 (2) is renumbered DCF 101.26.
SECTION 3. Chapter DCF 201 (title) is repealed and recreated to read:
Chapter DCF 201
CHILD CARE SUBSIDY PROGRAM
SECTION 4. DCF 201.01 is repealed and recreated to read: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 5. DCF 201.02 (2) is repealed.
SECTION 6. 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 7. DCF 201.02 (5) is repealed and recreated to read: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 8. 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 9. 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 10. DCF 201.02 (7) is repealed.
SECTION 11. DCF 201.02 (7r) is repealed and recreated to read:
DCF 201.02 (7r) Debtor” means a person who is responsible for an overpayment under s. DCF 201.04 (5) (b) or a person who is liable under s. 49.155 (7m) (b), Stats.
SECTION 12. DCF 201.02 (11) is repealed.
SECTION 13. 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 14. 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 15. 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 16. DCF 201.02 (19) is repealed.
SECTION 17. 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 18. DCF 201.02 (23) and (25) are repealed.
SECTION 19. 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.
(2) Rate determination. Notwithstanding s. DCF 201.06, the department may determine maximum rates under s. 49.155 (6d) (a) 3., Stats.
SECTION 20. 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 21. DCF 201.03 (5) is repealed.
SECTION 22. 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 23. 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:
(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 24. DCF 201.035 is renumbered   to be DCF 201.044.
SECTION 25. DCF 201.036, 201.038, and 201.039 are created to read:
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