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 DCF 201.02 (5) is repealed and recreated to read: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 DCF 201.02 (6m) is repealed and recreated to read: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 DCF 201.02 (7) is repealed.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 DCF 201.02 (7r) is repealed and recreated to read:
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 DCF 201.02 (11) is repealed.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 DCF 201.02 (13) is repealed and recreated to read: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 DCF 201.02 (19) is repealed and recreated to read:
DCF 201.02 (19) “Slots” means the number of children within the capacity of a child care provider under the applicable law for that type of provider.
SECTION 17. DCF 201.02 (23) and (25) are repealed.
SECTION 18. DCF 201.03 (1) and (2) are repealed and recreated to read: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 19. 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 20. DCF 201.03 (5) is repealed.
SECTION 21. 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 22. 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 or geographical area.
(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 23. DCF 201.035 is renumbered to be DCF 201.044.
SECTION 24. DCF 201.036, 201.038, and 201.039 are created to read:
DCF 201.036 Eligibility. (1) Request For Assistance. Notwithstanding s. DCF 101.06 (2), a parent shall sign a request for assistance under the child care subsidy program. Note: Section DCF 101.06 applies to applications for the Wisconsin Works program. Section 49.141 (1) (p), Stats., defines “Wisconsin Works” as “the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.” This rule clarifies that s. DCF 101.06 applies only to the time-limited program that provides temporary cash assistance and case management services to low-income parents and pregnant women and not to the child care subsidy program. (2) Agency determination. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats. (3) Change In Circumstances. (a) Parent. A parent shall notify the child care administrative agency of any change in circumstances that affects the parent’s eligibility or need for child care within 10 days after the change.
(b) Agency. A child care administrative agency shall redetermine a parent’s eligibility for the child care subsidy program and need for child care in a timely manner following receipt of a parent’s report of a change in circumstances affecting the parent’s eligibility or need for child care.
(4) Annual renewal. A child care administrative agency shall review a parent’s eligibility no sooner than 12 months following the initial determination of the parent’s eligibility or the parent’s most recent annual renewal of eligibility, unless the parent requests a renewal sooner.
Note: For example, a parent may want to renew eligibility for the child care subsidy program early because the parent is at the agency for a renewal of a different program, such as FoodShare.
DCF 201.038 Child care providers. (1) Provider requirements. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions:
(a) Regulated child care. The child care provider is any of the following:
1. ‘Licensed.’ A child care center licensed by the department under s. 48.65, Stats., and ch. DCF 250 or 251, or a day camp licensed by the department under s. 48.65, Stats., and ch. DCF 252. 2. ‘Certified.’ A child care provider certified by a certification agency under s. 48.651, Stats., and ch. DCF 202. For purposes of this paragraph, a child care administrative agency may consider a provider to be certified beginning on the date the provider’s application for certification was received by the certification agency. 3. ‘School board.’ A child care program established or contracted for by a school board under s. 120.13 (14), Stats. 4. ‘Out-of-state provider.’ A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
(b) Quality rating system. The child care provider is any of the following:
1. A child care provider that is participating in the department’s quality rating system under ss. 48.659 and 49.155 (6) (e), Stats., who has received a 2-star rating or above or whose quality rating is pending. 2. An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect.
(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 child care 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.
