b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.
(b) Authorization more than 30 days after request for assistance. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment for child care services beginning the first day of the month in which the parent submits the information required under sub. (2) if all of the conditions in par. (a) 1. a. to c. are met. (12) New child care provider effective following month. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month.
(13) new provider effective in current month due to hardship. (a) If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective in the current month if the conditions in par. (a) and (b) are met, as follows:
(a) The family is experiencing circumstances that create an unforeseen hardship for the child to continue to attend the authorized provider for the remainder of the month due to any of the following:
1. Travel to the authorized provider has become unreasonable due to any of the following:
a. The family relocated to escape domestic abuse.
b. The family was evicted from their home.
c. The family was formerly homeless and has moved into stable housing.
d. The location of the parent’s approved activity suddenly changed.
2. The authorized provider is unable to meet the family’s need for child care after any of the following:
a. The schedule of the parent’s approved activity suddenly changed.
b. The death or unexpected departure of a parent.
c. The child is expelled due to behavior issues.
d. The child has a special need that is no longer met by the provider.
e. The child has a medical need that cannot be met by the provider.
3. The authorized provider is no longer available to provide child care services due to any of the following:
a. The provider suddenly stops providing child care services.
b. The provider’s regulatory approval has been suspended or revoked.
c. Damage to the provider’s facility has created an unsafe environment for children.
d. Regulatory restrictions on the number of children, hours of operation, or provider-to-child ratios.
4. There is alleged abuse or neglect of the child by the provider, and a complaint has been made to the appropriate certification or licensing agency.
5. Continuing to receive child care from the authorized provider threatens the safety of the parent or child.
6. Other circumstances outside the parent’s control as approved by the department.
(b) The parent notifies the agency of the applicable circumstances in par. (a) within 10 days after the circumstances begin.
(14) new provider effective in current month for sibling. A child care administrative agency may authorize payment for child care by a new provider effective in the current month for the sibling of a child whose circumstances qualify for a hardship authorization under sub. (13) if the sibling attends the same child care provider.
SECTION 25. DCF 201.04 (title) is repealed and recreated to read:
DCF 201.04 (title) Payments and overpayments.
SECTION 26. DCF 201.04 (1) is repealed.
SECTION 27. DCF 201.04 (2) is repealed and recreated to read:
DCF 201.04 (2) PAYMENTS. (a) Amount. The amount of a monthly subsidy payment shall be based on the number of hours of child care that an agency authorizes and any of the following that are applicable:
1. For care by a provider licensed under s. 48.65, Stats., the lower of the provider’s child care price or the applicable maximum rate under s. DCF 201.06 (4), minus any copayment required under s. DCF 201.08. 2. For care by a provider certified under s. 48.651, Stats., the applicable rate under s. DCF 201.06 (5), minus any copayment required under s. DCF 201.08. 3. For care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., the applicable rate under s. DCF 201.06 (6), minus any copayment required under s. DCF 201.08. (b) Electronic. The department may issue all payments by electronic funds transfer.
(c) Expiration. A parent’s subsidy payment shall expire 90 days after the date that the department issues the payment to the parent.
(d) Billing and collecting. A parent’s child care provider is responsible for billing and collecting payment for child care services from the parent.
SECTION 28. DCF 201.04 (2g) (title) is repealed and recreated to read:
DCF 201.04 (2g) (title) temporary absence.
SECTION 29. DCF 201.04 (2g) (a) to (g) is repealed.
SECTION DCF 201.04 (2g) (h) is renumbered as DCF 201.04 (2g) and, as renumbered, is amended to read:
DCF 201.04 (2g) temporary absence. The A child care administrative agency may authorize payment to a licensed or certified provider to hold a slot for a child with a child care provider if the parent has a temporary break in employment and intends to return to work and continue to use the child care provider upon return to work. The agency may authorize payment for no more than 6 weeks if the absence is due to a medical reason and is documented by a physician or for no more than 4 weeks if the absence is for other reasons. The department and child care administrative agency may not consider payment for a temporary absence to be an overpayment if the parent intended to return to work but does not actually return.
SECTION 30. DCF 201.04 (2j), (2m), (3), and (4) are repealed.
SECTION 31. DCF 201.04 (5) (a) 1., 2. (intro.), and 3. are amended to read:
DCF 201.04 (5) (a) Parent overpayments. 1. A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of payment under the child care benefit subsidy program and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under the requirements of the child care assistance subsidy program requirements, regardless of whether the overpayment was the result of administrative error, client error, or intentional program violation. Section DCF 101.23 shall apply to overpayment collection from a parent under this section. 2. An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care benefit subsidy payment or ineligibility for a the child care benefit subsidy program due to any reason, including the following:
3. The child care worker administrative agency shall determine good cause under subd. 2. b. if the approved activity is unsubsidized employment. A parent’s absence from unsubsidized employment shall be considered good cause if the parent is using employer−approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized.
SECTION 32. DCF 201.04 (5) (b) 1. is repealed.
SECTION 33. DCF 201.04 (5) (b) 2. to 4. are amended to read:
DCF 201.04 (5) (b) 2. A provider received reimbursement was paid with child care funds for care provided at a location other than the location for which the authorization for care was issued, except for field trips.
3. A provider received reimbursement made was paid with child care funds for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6), 250.05 (4), 251.05 (4), or 252.42 (3). 4. A provider received reimbursement was paid with child care funds for care during time when the provider was in violation of the terms of the provider’s license under s. DCF 250.04 (1), 251.04 (1), or 252.05 (3), including age of the children served by the center and hours, days, and months of operation of the center. SECTION 34. DCF 201.04 (5) (b) 5., 201.045, and 201.05 are repealed.
SECTION 35. DCF 201.06 is repealed and recreated to read:
DCF 201.06 Establishing maximum rates. (1) Rate grouping. (a) County. The department shall set maximum rates for child care services in each county within the state. A tribal area shall be included in the county in which it is geographically located.
(b) Age groups. Within each county, the department shall set maximum rates for the following age groups:
1. Infants and toddlers under 2 years of age.
2. Children 2 years of age and over, but under age 4.
3. Children 4 years of age and over, but under age 6.
4. Children ages 6 to 13 years.
(c) Types of providers. Within each county and within each age group, the department shall set maximum rates for child care services by each of the following types of providers:
1. Group child care centers licensed under s. 48.65, Stats., and ch. DCF 251 and day camps licensed under s. 48.65, Stats., and ch. DCF 252. 2. Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250. (2) Survey of licensed centers and day camps. (a) The department shall annually contact all licensed group child care centers, family child care centers, and day camps to obtain their child care prices.
(b) The department shall include only child care prices submitted in writing in the survey results.
(3) Maximum rates for licensed centers and day camps. (a) Licensed group child care centers and day camps. The department shall set maximum rates so that at least 75 percent of the slots in a county at group child care centers licensed under ch. DCF 251 and day camps licensed under ch. DCF 252 may be purchased at or below the maximum rate. The number of slots attributed to a group child care center or day camp shall be equal to the licensed capacity. (b) Licensed family child care centers. The department shall set maximum rates so that at least 75 percent of the slots in a county at family child care centers licensed under ch. DCF 250 may be purchased at or below the maximum rate. The number of slots attributed to a family child care center shall be equal to the center’s licensed capacity. (c) Exclusions. In determining maximum rates for licensed group child care centers, licensed family child care centers, and licensed day camps under pars. (a) and (b), the department may exclude the child care prices of a group child care center, family child care center, or day camp at which any of the following apply:
1. The center or day camp operates less than 5 days a week or 5 hours a day.
2. The center or day camp has not established full-time, weekly, or monthly child care prices.
3. The department issues child care subsidy payments for the care of more than 75 percent of the children attending the center or day camp.
(d) Sibling rates. The department may not establish reduced maximum rates for siblings.
(4) Rates for certified child care providers. (a) Percentage of licensed rates. The department shall set rates for certified child care providers under s. 49.155 (6) (b) and (c), Stats., as follows: 1. Rates for Level I regular certified providers under s. 48.651 (1) (a), Stats., may not exceed 75 percent of the rates established under sub. (3) (b). 2. Rates for Level II provisional certified providers under s. 48.651 (1) (b), Stats., may not exceed 50 percent of the rates established under sub. (3) (b). (b) In-home provider. Notwithstanding par. (a), the rate for a certified in-home provider who is providing child care services for 15 or more hours per week is the applicable minimum wage, regardless of the number of children receiving care.
