3. Detailed explanation of statutory authority for the rule
Section 48.686 (9), Stats., provides that the department may promulgate any rules necessary for the administration of child care background checks. Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department administers grants to a county, city, private agency, or Indian tribe for home visitation program services under s. 48.983, Stats. Section 49.343 (4), Stats., provides that the department shall promulgate rules that include standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a provider to provide those services, and the reasonable and necessary costs of providing those services. Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
150 hours
5. List with description of all entities that may be affected by the rule
No entities will be affected because the rule is only incorporating changes in state statute and federal regulations.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
The federal regulations affecting allowable costs and rate regulation of residential care centers, group homes, and child-placing agencies are the following:
- 2 CFR Part 200, Uniform administrative requirements, cost principles, and audit requirements for federal awards - 45 CFR Part 75, Uniform administrative requirements, cost principles, and audit requirements for HHS awards Under 45 CFR 98.43, the department is required to conduct a background check of noncaregiver employees of a child care provider. 7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None or minimal
Contact Person:
Elaine Pridgen, DCF Rules Coordinator
(608) 422-7077
