Register November 2008 No. 635
Chapter DCF 204
GRANTS SUPPORTING COMMUNITY CHILD CARE INITIATIVES
DCF 204.01 Authority and purpose. DCF 204.03 Department powers and duties. DCF 204.05 Match requirement. DCF 204.06 Use of grant funds. DCF 204.07 Amount of grants. DCF 204.01DCF 204.01 Authority and purpose. This chapter is promulgated under the authority of s. 49.137 (4m), Stats., to administer a program that awards grants to local governments and tribes to improve the supply, accessibility, and quality of child care. DCF 204.01 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02. DCF 204.02DCF 204.02 Definitions. In this chapter: DCF 204.02(1)(1) “Application” means a request for funding under this chapter made in response to an RFP. DCF 204.02(3)(3) “Department” means the department of children and families. DCF 204.02(4)(4) “Federal fiscal year” means October 1 of one year to September 30 of the following year. DCF 204.02 NoteNote: The federal medical assistance percentage for each state in a given federal fiscal year is determined by the federal Department of Health and Human Services and published in the Federal Register.
DCF 204.02(6)(6) “Local government” means a public sub-state jurisdiction that is located in Wisconsin and has governing and taxing authority, including counties, municipalities, public school districts, and technical college districts. DCF 204.02(7)(7) “Locally-generated revenues” includes local taxes and does not include state or federal aids or shared revenue. DCF 204.02(8)(8) “Low-income” means a household income at or below the maximum level established in the Wisconsin state plan for temporary assistance to needy families under 42 USC 602. DCF 204.02(9)(9) “RFP” or “request for proposals” means a paper or electronically published and distributed document announcing the availability of funds, the requirements for obtaining and using the funds, and necessary procedures to be considered for funding under this chapter. DCF 204.02(10)(10) “Tribe” means any federally-recognized American Indian nation that is located in Wisconsin. DCF 204.02 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 770, eff. 4-1-20. DCF 204.03DCF 204.03 Department powers and duties. DCF 204.03(2)(2) The department shall publish a request for proposals for community child care initiatives. DCF 204.03(3)(3) The department shall reject, or modify to bring into compliance, applications in which all or part of the local government or tribe’s match expenditure or commitment fails to meet the requirements of 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP. DCF 204.03(4)(4) The department shall reject, or modify to bring into compliance, applications in which all or part of the local government or tribe’s plan on use of the grant funds fails to meet the requirements of 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP. DCF 204.03(5)(5) The department shall establish and periodically update a formula that allocates a percentage of available funds for residents of each county of the state based equally on the county’s: DCF 204.03(5)(a)(a) Percentage of the state’s low-income children as estimated by the United States census bureau. DCF 204.03(5)(b)(b) Percentage of the state’s births for the most recent 3-year period for which resident birth data by county is published by the department of health services. DCF 204.03(8)(8) The department may require other measures to ensure compliance with 42 USC 618, 42 USC 9858-9858q, and 45 CFR Parts 98 and 99, as interpreted by the federal department of health and human services; state child care policy; and to maximize federal dollars received by the state. DCF 204.03 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: am. (6) (a) Register November 2006 No. 611, eff. 12-1-06; corrections in (5) (b) and (6) (a) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635. DCF 204.04(1)(1) Initial grants. Any local government or tribe that is located in Wisconsin may submit an application for an initial grant under s. DCF 204.07. DCF 204.04(2)(2) Continuing grants. Any recipient of an initial grant may apply for a continuing grant under s. DCF 204.07 if a continuing grant RFP is offered. DCF 204.04 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: am. (1), r. and recr. (2), Register November 2006 No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 204.05DCF 204.05 Match requirement. A local government or tribe that applies for funds under this chapter shall certify that matching expenditures represent expenditures eligible for federal match as required under 42 USC 9858-9858q, 45 CFR Parts 98 and 99, this chapter, and the RFP. The department shall determine the minimum match expenditure to be either the federal medical assistance percentage for Wisconsin for the federal fiscal year in which the match expenditure occurs or a higher percentage rate needed to meet the state’s match requirements under 45 CFR 98.53 and 45 CFR 98.63 as affected by ss. 20.437 (2) (cm) and (md) and 49.175 (1) (qm), Stats. The department may round this percentage of required match to the nearest higher percentage that will allow the match amount to be expressed in whole dollars. A match expenditure shall comply with the following criteria: DCF 204.05(1)(1) A match expenditure shall be from locally-generated revenues or federal revenues specifically authorized by federal law to be used as match to federal funds. DCF 204.05 NoteNote: 42 USC 5305(a)(9) provides that funds from the federal Community Development Block Grant under 42 USC 5301 to 5321 may be used as match. DCF 204.05(2)(2) A match expenditure under this chapter may not be used as match to any other state or federal funds, except that the local share of public school costs specified under the state’s school aid formula shall not be considered as match to other state funds. DCF 204.05(4)(4) A match expenditure shall be made for qualifying child care services and programs, including programs with the following purposes: DCF 204.05(4)(a)(a) Providing low-income working families with financial resources to find and access quality child care for their children. DCF 204.05(4)(b)(b) Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s. 49.155, Stats. DCF 204.05(4)(c)(c) Providing parents with a broad range of options in addressing their child care needs. DCF 204.05(4)(d)(d) Improving the quality of and coordination among child care programs and early childhood development programs. DCF 204.05(4)(e)(e) Increasing the availability of early childhood development care services and before- and after-school care services. DCF 204.05(4)(g)(g) Improving the health and safety aspects of child care, including regulation of child care. DCF 204.05(4)(h)(h) Providing crisis respite child care to children in protective services cases or in need of protective services. DCF 204.05(5)(5) Expenditures for public pre-kindergarten programs or pre-school programs operated by public school districts may not exceed 20% of the total match expenditure for each application. DCF 204.05 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; emerg. am. (intro.), eff. 10-7-03; CR 03-101: am. (intro.) Register March 2004 No. 579, eff. 4-1-04; CR 06-095: am. (intro.) and (4) (a), Register November 2006 No. 611, eff. 12-1-06; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 204.06(1)(1) Allowable uses. A local government or tribe may use grant funds received under this chapter in any of the following ways: DCF 204.06(1)(a)(a) Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s. 49.155, Stats. DCF 204.06(1)(b)(b) Providing parents with a broad range of options in addressing their child care needs. DCF 204.06(1)(c)(c) Improving the quality of and coordination among child care programs and early childhood development programs. DCF 204.06(1)(d)(d) Increasing the availability of early childhood development care services and before- and after-school care services. DCF 204.06(1)(f)(f) Improving the health and safety aspects of child care, including regulation of child care. DCF 204.06(1)(g)(g) Providing crisis respite child care to children in protective services cases or in need of protective services. DCF 204.06(2)(2) Nonallowable uses. A local government or tribe may not use grant funds received under this chapter in any of the following ways: DCF 204.06(2)(c)(c) Kindergarten to 12th grade public education or care services provided to students during the regular school day. DCF 204.06(2)(d)(d) Direct purchase or payment of child care services, unless the child is receiving or is in need of protective services, as determined by the county or tribal authority for child protective services. DCF 204.06(3)(3) Limit on administrative costs. The department may limit the amount of grant funding that may be spent on administrative costs to a percentage no higher than 15%. DCF 204.06 HistoryHistory: CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: r. and recr. (3), Register November 2006 No. 611, eff. 12-1-06. DCF 204.07(1)(1) Initial grant. If initial grants are awarded, the amount of an initial grant shall be based on the following:
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