Department of Children and Families
Technical Changes to Update DCF Rules
DCF 13, 35, 52, 54, 56, 57, 250, and 251
The Wisconsin Department of Children and Families proposes to repeal ch. DCF 35 and ss. DCF 52.65 (1) (Note) and (2) (a) (Note), 54.08 (1) (Note) and (2) (a) (Note), 57.61 (1) (Note) and (2) (a) (Note); to renumber and amend ss. DCF 250.03 (14) and 251.03 (14); to amend ss. DCF 13.01; 13.02 (4) (b), (7) (d), (15), (17) (b), and (19); 13.03 (2) (a) and (b); 13.05 (1) (title), (intro.), and (c) 5. and (2); 13.06 (1) (a); 13.07 (1) (intro.), (a) 2., 3., 5., 7., 8., 9., and 10., and (3); 13.08 (1) (a) 3., 5., and 8.; 13.09 (2) (b) and (c); 13.10 (3); 13.11 (1) (intro.) and (2); 13.13 (4) (intro.) and (5) (c) 1. b. and 3. b.; 13.15 (2) (c); 13.16 (1) (a) 1. a. (Note); 52.59 (5) (a); 52.65 (1) and (2) (a); 54.08 (1) and (2) (a); 56.16 (1) (L) (intro.); 57.61 (1) and (2) (a); 250.04 (2) (g); 250.04 (6) (a) 4. d.; 250.05 (2) (d) 1.; 250.06 (11) (b) 2.; 251.04 (6) (a) 8. d.; 251.05 (2) (a) 3. a.; 251.095 (2) (d) and (e) and (3) (a); and 251.12 (3); to repeal and recreate ss. DCF 13.02 (4) (a) and 56.15 (1) (a) 4. (intro.); and to create ss. DCF 13.02 (3) (c) and (15m), 13.08 (1) (a) 3m., 13.10 (4), and 56.15 (1) (a) 4. d., relating to technical changes to update DCF rules. Analysis Prepared by the Department of Children and Families
Statutes interpreted: Sections 48.62 (3), 48.64 (1r ), 48.686, 48.983, 49.34, 49.343, Stats. Related statutes and rules:
Explanation of Agency Authority
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), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Summary of the Proposed Rule
The proposed rules make technical corrections to various department rules, including the following:
DCF 13, Background Checks in Child Care Programs
The proposed rules update the department’s child care background check rule ch. DCF 13 to incorporate changes to s. 48.686, Stats., as affected by 2019 Wisconsin Act 9. These changes add “noncaregiver employees” to the list of persons subject to the background check; replace the term “nonclient resident” with “household member”; and change the time period for a person to file an appeal of an ineligibility determination from 60 days to 10 days. DCF 35, Home Visitation to Prevent Child Abuse and Neglect
The proposed rules repeal ch. DCF 35, which provides a formula for the distribution of home visiting grants based on statutory language that has been repealed. Section 48.983, Stat., as affected by 2015 Wisconsin Act 172, no longer directs the department to promulgate a rule with a formula that determines the need for a home visiting grant based on the number of births funded by Medical Assistance and the rate of poor birth outcomes in a locality. DCF 52, Residential Care Centers for Children and Youth
The proposed rules amend s. DCF 52.59 (5) (a) to replace the term “ physically handicapped” with “physically disabled” as directed by Executive Order 15. DCF 52, 54, and 57, Residential Care Centers, Child-Placing Agencies, and Group Homes
The proposed rules amend the department’s rules on residential care centers, child-placing agencies, and group homes to update cross-references to federal regulations and state statute on allowable costs for rate regulation.
DCF 56, Foster Homes
The proposed rules amend the department’s foster home rule to incorporate changes to ss. 48.62 (3) and 48.64 (1r), Stats., as affected by 2017 Wisconsin Act 251, relating to notice to a school district of a foster home license or placement. DCF 250 and 251, Family Child Care Centers and Group Child Care Centers
The proposed rules update the department’s family and group child care center rules to correct cross-references to provisions repealed or renumbered in CR 19-070 and a remaining cross-reference to s. 48.685, Stats., which has not applied to child care programs since s. 48.686, Stats., became effective. The proposed rules also correct a typo and update the term “HealthCheck provider” to “EPSDT provider” based on the terminology in s. DHS 105.37. Summary of Data and Analytical Methodologies
The proposed rules correct cross-references, update terminology, and incorporate minor statutory changes.
Summary of Related Federal Law
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 program. The Every Student Succeeds Act of 2015 emphasizes the need for collaboration between schools, school districts, and child welfare agencies to improve outcomes for children in out-of-home care.
Comparison to Adjacent States
Not applicable
Effect on Small Businesses
The proposed rules affect small businesses, including child care providers.
Analysis Used to Determine Effect on Small Businesses
The proposed rules do not include any substantive changes, but will enhance the clarity of the rules.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is February 13, 2020. SECTION 1. DCF 13.01, as created by CR 19-089, is amended to read: DCF 13.01 Purpose and scope. This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.686, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.686, Stats., for caregivers, noncaregiver employees, and nonclient residents household members at a child care program. SECTION 2. DCF 13.02 (3) (c) is created to read:
DCF 13.02 (3) (c) A barrier to a person’s eligibility for employment or contract as a noncaregiver employee.
SECTION 3. DCF 13.02 (4) (a), as created by CR 19-089, is repealed and recreated to read: DCF 13.02 (4) (a) An employee or contractor of a child care program who is involved in the care or supervision of clients.
SECTION 4. DCF 13.02 (4) (b), (7) (d), and (15), as created by CR 19-089, are amended to read: DCF 13.02 (4) (b) A person who is involved in the care or supervision of has direct contact with clients of a child care program or has unsupervised access to clients of a child care program, including student teachers, household members age 10 and older, and volunteers counted for the purpose of meeting the required staff-to-child ratios.
(7) (d) A temporary employment agency that provides caregivers or noncaregiver employees to another child care program.
(15) “Nonclient resident” “Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.
SECTION 5. DCF 13.02 (15m) is created to read:
