49.155 (1d) (title) Child care
certification rules quality of care standards.
59,850
Section 850
. 49.155 (1d) (a) (intro.) of the statutes is renumbered 48.651 (1d) (a) and amended to read:
48.651 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 sub. (1). The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph for certification of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, all of the following: the minimum health and safety training required under par. (b).
59,851
Section 851
. 49.155 (1d) (a) 1. of the statutes is repealed.
59,852
Section 852
. 49.155 (1d) (a) 2. of the statutes is repealed.
59,853
Section 853
. 49.155 (1d) (am) of the statutes is repealed.
59,854
Section 854
. 49.155 (1d) (b) of the statutes is renumbered 49.155 (1d).
59,855
Section
855. 49.155 (1m) (intro.) of the statutes is amended to read:
49.155 (1m) Eligibility. (intro.) Except as provided in s. 49.155 sub. (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
59,856
Section 856
. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
49.155 (1m) (a) (intro.) The
Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual's eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:
59,857
Section 857
. 49.155 (1m) (a) 1. of the statutes is amended to read:
49.155 (1m) (a) 1. Meet Meeting the school attendance requirement under s. 49.26 (1) (ge).
59,858
Section 858
. 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:
49.155 (1m) (a) 1m. (intro.) Obtain Obtaining a high school diploma or participate participating in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met:
59,859
Section 859
. 49.155 (1m) (a) 2. of the statutes is amended to read:
49.155 (1m) (a) 2. Work Working in an unsubsidized job, including training provided by an employer during the regular hours of employment.
59,860
Section 860
. 49.155 (1m) (a) 3. of the statutes is amended to read:
49.155 (1m) (a) 3. Work Working in a Wisconsin works employment position, including participation in job search, orientation, and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am), or (5) (bm).
59,861
Section 861
. 49.155 (1m) (a) 3m. of the statutes is amended to read:
49.155 (1m) (a) 3m. Participate
Participating in a job search or work experience component of the food stamp employment and training program under s. 49.79 (9).
59,862
Section 862
. 49.155 (1m) (a) 3r. of the statutes is amended to read:
49.155 (1m) (a) 3r. Participate
Participating in the Transform Milwaukee Jobs program, or the Transitional Jobs program, under s. 49.163.
59,863
Section 863
. 49.155 (1m) (a) 4. of the statutes is amended to read:
49.155 (1m) (a) 4. Participate
Participating in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, if the department or the county department or agency determining eligibility determines that basic education would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.
59,864
Section 864
. 49.155 (1m) (a) 5. of the statutes is amended to read:
49.155 (1m) (a) 5. Participate
Participating in a course of study at a technical college, or participate participating in educational courses that provide an employment skill, as determined by the department, if the department or the county department or agency determining eligibility determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.
59,865
Section 865
. 49.155 (1m) (a) 6. of the statutes is created to read:
49.155 (1m) (a) 6. Taking a temporary break from an authorized activity specified in subds. 1. to 5.
59,866
Section 866
. 49.155 (1m) (br) of the statutes is created to read:
49.155 (1m) (br) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion.
59,867
Section 867
. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:
49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185 percent of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following:
59,868
Section 868
. 49.155 (1m) (c) 1d. a. of the statutes is created to read:
49.155 (1m) (c) 1d. a. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual's family exceeds 200 percent of the poverty line for a family the size of the individual's family, the individual's copayment amount under sub. (5) increases by $1 for every $3 by which the individual's family's gross income exceeds 200 percent of the poverty line for a family the size of the individual's family.
59,868b
Section 868b. 49.155 (1m) (c) 1d. b. of the statutes is created to read:
49.155 (1m) (c) 1d. b. Notwithstanding subd. 1d. a., if the gross income of an individual's family exceeds 85 percent of the state median income for a family the size of the individual's family, the individual is not eligible to receive a child care subsidy under this section.
59,869
Section 869
. 49.155 (1m) (cm) of the statutes is created to read:
49.155 (1m) (cm) The total liquid assets of the individual's family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:
1. A foster parent of the child.
2. A subsidized guardian or interim caretaker of the child under s. 48.623.
3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.
59,870
Section 870
. 49.155 (2) of the statutes is created to read:
49.155 (2) Eligibility based on the child's age. Notwithstanding sub. (1m) (intro.) and (a) (intro.), an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual's eligibility.
59,871
Section 871
. 49.155 (4) (a) of the statutes is amended to read:
49.155 (4) (a) An eligible individual shall choose whether the child care will be provided by a child care center licensed under s. 48.65, a Level I certified family child care provider certified under s. 48.651 (1) (a), a Level II certified family child care provider certified under s. 48.651 (1) (b), or a child care program provided or contracted for by a school board under s. 120.13 (14).
59,872
Section 872
. 49.155 (6) (b) of the statutes is amended to read:
49.155 (6) (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a) for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 percent of the rates established under par. (a).
59,873
Section 873
. 49.155 (6) (d) of the statutes is amended to read:
49.155 (6) (d) The department may promulgate rules to establish a system of rates or a program of grants for child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).
59,874
Section 874
. 49.155 (6g) (a) 5. of the statutes is created to read:
49.155 (6g) (a) 5. The department shall take into consideration child learning and development and shall promote continuity of care when authorizing hours of child care. The department is not required to limit authorized hours based on the individual's schedule of activities under sub. (1m) (a) or the number of hours the individual spends in those activities.
59,875
Section 875
. 49.155 (6g) (b) 4. of the statutes is created to read:
49.155 (6g) (b) 4. Any reduction in hours due to a temporary break from an authorized activity.
59,876
Section 876
. 49.155 (7) (a) 1. of the statutes is amended to read:
49.155 (7) (a) 1. If a child care provider is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday or if the department provides written notice under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department or the county department under s. 46.215, 46.22, or 46.23 shall refuse to allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.
59,877
Section 877
. 49.155 (7) (a) 2. of the statutes is amended to read:
49.155 (7) (a) 2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685
48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department or the county department under s. 46.215, 46.22, or 46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.
59,878
Section 878
. 49.155 (7) (b) (intro.) of the statutes is amended to read:
49.155 (7) (b) (intro.) The department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider:
59,879
Section 879
. 49.155 (7) (b) 1. of the statutes is amended to read:
49.155 (7) (b) 1. The person has been convicted of or adjudicated delinquent on or after his or her 12th
10th birthday for committing an offense that is not a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., but the department, county department, agency contracted with under s. 48.651 (2), or school board determines under s. 48.685 48.686 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.
59,880
Section 880
. 49.155 (7) (b) 2. of the statutes is amended to read:
49.155 (7) (b) 2. The person is a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under s. 48.651 (2), or school board determines substantially relates to the care of children.
59,881
Section 881
. 49.162 (1) (bg) of the statutes is created to read:
49.162 (1) (bg) “Controlled substance abuse screening” means a questionnaire, a criminal background check, or any other controlled substance abuse screening mechanism identified by the department by rule.
59,882
Section 882
. 49.162 (1) (bm) of the statutes is created to read:
49.162 (1) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).
59,883
Section 883
. 49.162 (1) (br) of the statutes is created to read:
49.162 (1) (br) “Group member” means an adult member of an individual's Wisconsin Works group whose income or assets are included in determining the individual's eligibility for a program.
59,884
Section 884
. 49.162 (1) (c) 4. of the statutes is created to read:
49.162 (1) (c) 4. A Wisconsin Works employment position.
59,885
Section 885
. 49.162 (1) (e) of the statutes is created to read:
49.162 (1) (e) “Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
59,886
Section 886
. 49.162 (1) (f) of the statutes is created to read:
49.162 (1) (f) “Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).
59,887
Section 887
. 49.162 (1) (g) of the statutes is created to read:
49.162 (1) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).
59,888
Section 888
. 49.162 (2) of the statutes is renumbered 49.162 (2) (a) and amended to read:
49.162 (2) (a) Beginning on the effective date of the rules promulgated under sub. (7), or on the effective date of the emergency rules promulgated under 2015 Wisconsin Act 55, section 9106 (2c), whichever is earlier, Except as provided in sub. (2m), in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3., and, with respect to an individual applying for a program under sub. (1) (c) 4., all of the individual's group members shall complete a controlled substance abuse screening questionnaire. If, on the basis of answers to the questionnaire the screening results, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program or any of the individual's group members is abusing a controlled substance, the administering agency shall require the individual or group member to undergo a test for the use of a controlled substance. If
(b) Except as provided in sub. (4m), if the individual or group member refuses to submit to a test under par. (a), the individual is not eligible to participate in a program until the individual or group member complies with the requirement to undergo a test for the use of a controlled substance.
59,889
Section 889
. 49.162 (2m) of the statutes is created to read:
49.162 (2m) (a) The screening and testing requirements under sub. (2) do not apply to an individual if the individual is any of the following:
1. A custodial parent of a child who is 8 weeks old or less.
2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.
3. A participant in a Wisconsin Works employment position who moves to an unsubsidized employment position and receives case management services under s. 49.1475.
4. A dependent child.
(b) The screening and testing requirements under sub. (2) do not apply to a group member if the group member is any of the following:
1. A custodial parent of a child who is 8 weeks old or less.
