Feed for /1995/statutes/statutes/49 PDF
49.129(5m) (5m)Joint committee on finance review. Prior to implementing the electronic benefit transfer system under this section, the department shall notify the joint committee on finance of the proposed system. The department may proceed with implementation of the system if, within 14 working days of the notification, the committee does not schedule a meeting for the purpose of reviewing the department's proposed system. If the committee schedules a meeting for the purpose of reviewing the proposed system, the system shall not take effect unless the committee approves the system.
49.129(6) (6)Administration; contracts. The department may enter into a contract with any financial institution, as defined in s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.129(6)(a) (a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in sub. (4) (a).
49.129(6)(b) (b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.129(7) (7)Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.129(7)(a) (a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under sub. (4) (d).
49.129(7)(b) (b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.129(7)(c) (c) A provision for confidentiality.
49.129(7)(d) (d) Measures to be taken by the department or the person with whom the department contracts under sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.129(8) (8)County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.129 History History: 1995 a. 368.
49.13 49.13 At-risk and low-income child care. Within the limits of available federal funds and the appropriation under s. 20.445 (3) (cp), the department shall distribute under s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.
49.13 History History: 1995 a. 404.
49.131 49.131 Expenditure of federal child care and development block grant funds.
49.131(1) (1) In this section, "child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).
49.131(2) (2) Subject to sub. (4) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:
49.131(2)(a) (a) From the appropriation under s. 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3) [49.132 (2m) and (3)].
49.131 Note NOTE: Par. (a) is shown as renumbered from s. 46.979 (2) (a), as affected by 1995 Wis. Act 404, by the revisor under s. 13.93 (1) (b). The bracketed language indicates the correct cross-references. Section 46.98 (2m) and (3) was renumbered by 1995 Wis. Act 404. Corrective legislation is pending.
49.131(2)(b)1.1. From the appropriation under s. 20.445 (3) (mc), distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.445 (3) (cp) and (md).
49.131(2)(b)2. 2. From the appropriation under s. 20.445 (3) (mc) transfer $1,026,800 in fiscal year 1996-97 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.
49.131(2)(c) (c) From the appropriation under s. 20.445 (3) (md), distribute as follows the federal child care and development block grant funds that are received under 42 USC 9858 and that are not distributed under par. (a) or (b):
49.131(2)(c)1. 1. For grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.
49.131(2)(c)2. 2. For grants under s. 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97.
49.131(2)(c)3. 3. For grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under s. 49.132 (4) (e) and for a system of rates or a program of grants, as provided under s. 49.132 (4) (e), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4.
49.131(2)(c)4. 4. For grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.
49.131(3) (3) To the extent permitted under federal law, the department may transfer to the following fiscal year any funds distributed under sub. (2) (c) that are not spent or encumbered in the fiscal year in which the funds were distributed and use those transferred funds in the following fiscal year for the purposes specified in sub. (2) (c).
49.131(4) (4) If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (2) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limit under sub. (2). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (2), only with the approval of the committee.
49.131 History History: 1991 a. 275; 1993 a. 16; 1995 a. 27, 216, 289; 1995 a. 404 ss. 77 to 88; Stats. 1995 s. 49.131; s. 13.93 (1) (b).
49.132 49.132 Child care program.
49.132(1)(1)Definitions. In this section:
49.132(1)(ad) (ad) "At-risk child care" means child care that is provided for a person who is eligible for funding for that child care under sub. (2r) (a) and 42 USC 603 (n).
49.132(1)(ag) (ag) "At risk of becoming eligible for aid to families with dependent children" means having a family income that is equal to or less than 75% of the state median income as determined by the department annually.
49.132(1)(am) (am) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).
49.132(1)(at) (at) "Educational program" means high school or a high school equivalency program or a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.
49.132(1)(b) (b) "Gainfully employed" means working or seeking employment.
49.132(1)(bd) (bd) "Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a).
49.132(1)(bf) (bf) "Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b).
49.132(1)(bm) (bm) "Low-income child care" means child care that is provided for a person who is eligible for funding for that child care under sub. (4) (a) and 42 USC 9858.
49.132(1)(c) (c) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.132(1)(cm) (cm) "Poverty line" has the meaning given in s. 46.30 (1) (c).
49.132(2) (2)Distribution of child care funds.
49.132(2)(a)(a) The department shall distribute the funds allocated under s. 49.13 for at-risk and low-income child care services under subs. (2m) and (3) to county departments under s. 46.215, 46.22 or 46.23 and to private nonprofit child care providers who provide child care for the children of migrant workers.
49.132 Note NOTE: Sub. (2) (title) and par. (a), as affected by 1995 Wis. Act 404, are shown as renumbered from s. 46.98 (2) (title) and (a) by the revisor under s. 13.93 (1) (b).
49.132(2)(b) (b) The department shall promulgate by rule a procedure to be used annually to develop a formula for the distribution of funds under par. (a). The formula shall include a requirement that county departments under s. 46.215, 46.22 or 46.23 to which funds are distributed under par. (a) expend a certain percentage of those funds, as determined by the department, on at-risk child care.
49.132(2)(c) (c) A county may use up to 5% of the funds distributed under par. (a) to its county department under s. 46.215, 46.22 or 46.23 for the costs of administering the programs under subs. (2m) and (3).
49.132(2m) (2m)Use of at-risk child care funds.
49.132(2m)(a)(a) Except as provided in sub. (2) (c), funds distributed under sub. (2) for at-risk child care may only be used for the purposes specified in this paragraph. The funds shall be used to provide care for all or part of a day for children under age 13 of persons who need child care to be able to work, who are not receiving aid to families with dependent children and who are at risk of becoming eligible for aid to families with dependent children if child care under this subsection is not provided. No funds distributed under sub. (2) may be used to provide care for a child by a person who resides with the child.
49.132(2m)(c) (c) From the funds distributed under sub. (2) for at-risk child care, a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.
49.132(2m)(d)1.1. No funds distributed under sub. (2) for at-risk child care may be used solely to prevent or remedy child abuse or neglect, to alleviate stress in the family or to preserve the family unit.
49.132(2m)(d)2. 2. No funds distributed under sub. (2) for at-risk child care may be used for the start-up, improvement or expansion of child care services or facilities or for the recruitment, education or training of persons providing child care.
49.132(2r) (2r)Eligibility for at-risk child care funds.
49.132(2r)(a)(a) A parent who needs child care for a child under 13 years of age to be able to work, who is not receiving aid to families with dependent children and who is at risk of becoming eligible for aid to families with dependent children is eligible to receive aid from the funds distributed under sub. (2) for at-risk child care.
49.132(2r)(b) (b) A parent who receives aid under sub. (2m) is liable for the cost of child care received, payable in accordance with a sliding scale formula provided by the department that is based on the parent's ability to pay.
49.132(2r)(d) (d) Each county shall annually set a maximum rate that it will pay for child care services provided to eligible parents. The department shall annually review each county's rate and shall approve it if it meets the criteria specified in regulations issued by the federal secretary of health and human services. The department shall promulgate rules establishing criteria that conform to the regulations issued by the federal secretary of health and human services and establishing procedures for approving county rates.
49.132(3) (3)Use of low-income child care funds.
49.132(3)(a)(a) Except as provided in sub. (2) (c), funds distributed under sub. (2) for low-income child care may only be used for the purposes specified in this subsection. The funds shall be used to provide care for children under age 13 for all or part of a day during which a child's parent is gainfully employed.
49.132(3)(b) (b) Counties may spend moneys distributed for low-income child care under sub. (2) for child care purposes other than those in par. (a) only as provided in sub. (2) (c) or with the approval of the department. Child care purposes include start-up, improvement and expansion of child care services and facilities, and recruitment, education and training for persons providing child care.
49.132(3)(c) (c) From the funds distributed under sub. (2) for low-income child care, a county may provide day care services itself or it may purchase day care services from a child care provider. In addition, from the funds distributed under sub. (2) for low-income child care, each county shall, subject to the availability of funds, provide day care by offering to each eligible parent a voucher for the payment of day care services provided by a child care provider. Each county shall allocate all or a portion of its day care funding for payment of vouchers. An eligible parent may choose whether the care will be provided by a Level I certified family day care provider or a Level II certified family day care provider or in a day care center, in the home of another person or, subject to the county's approval, in the parent's home. A parent who uses vouchers for the payment of day care services may supplement the maximum rate for day care services set under sub. (4) (d), (dg) or (dm) or, if a higher rate for day care services is set under sub. (4) (e), the rate set under sub. (4) (e), whichever is applicable.
49.132(4) (4)Eligibility for low-income child care funds.
49.132(4)(a)(a) The following persons are eligible to receive aid from the funds distributed under sub. (2) for low-income child care:
49.132(4)(a)1. 1. A parent who is gainfully employed and who receives aid under s. 49.19, if the dependent child care income disregard under 42 USC 602 is less than the actual amount the parent spends for child care or if the child care income disregard is not yet available to the parent.
49.132(4)(a)2. 2. Except as provided in par. (am), a parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and whose family income is equal to or less than 75% of the state median income. The department shall annually determine the state median income.
49.132(4)(a)3. 3. A parent who is gainfully employed, who is in need of child care services and whose family income is greater than 75% of the state median income to the extent determined annually by the department. The department shall annually determine the state median income.
49.132(4)(am) (am) A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and who applies for aid on or after May 10, 1996, is eligible for aid under this section if the family income of the applicant is equal to or less than 165% of the poverty line.
49.132(4)(b) (b) Parents receiving aid under sub. (3) are liable for the cost of child care received, payable in accordance with a schedule developed by the department based on ability to pay.
49.132(4)(c) (c) If funds distributed under sub. (2) are insufficient to meet the needs of all eligible parents, a county shall:
49.132(4)(c)2. 2. Give first priority to parents who are eligible to receive aid under par. (a) 2. or 3., who are under the age of 20, and who are in need of child care services in order to complete high school, courses at a technical college in lieu of high school or a course of study leading to the granting of a declaration of high school graduation under s. 115.29 (4).
49.132(4)(c)2m. 2m. Give 2nd priority to parents who are eligible to receive aid under par. (a) 1.
49.132(4)(c)3. 3. Give 3rd priority to parents who are eligible to receive aid under par. (a) 2. or 3., who have been recipients of aid under s. 49.19 within the prior 12 months and who are working.
49.132(4)(c)4. 4. Give 4th priority to parents who are working and who have been recipients of aid under s. 49.19 but not within the last 12 months.
49.132(4)(d) (d) Each county shall annually set a maximum rate that it will pay for licensed day care services provided to eligible parents, other than licensed day care services for which a rate, if any, is established under par. (e). A county shall set its maximum rate under this paragraph so that at least 75% of the number of places for children within the licensed capacity of all child care providers in that county can be purchased at or below that maximum rate. The department shall annually review each county's rate and shall approve it if the department finds that the rate is set at a reasonable and customary level which does not preclude an eligible parent from having a reasonable selection of child care providers. The department shall promulgate by rule a procedure and criteria for approving county rates.
49.132(4)(dg) (dg) Each county shall set a maximum rate that it will pay for Level I certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (d).
49.132(4)(dm) (dm) Each county shall set a maximum rate that it will pay for Level II certified family day care providers for services provided to eligible parents. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (d).
49.132(4)(e)1.1. The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this subdivision shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
49.132(4)(e)2. 2. To the extent permitted under federal law, the department shall also promulgate rules to establish a system of rates or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under subd. 1. If a system of rates is established by the rules promulgated under this subdivision, the rates under that system shall be higher than the rate established under par. (d).
49.132(5) (5)Departmental duties.
49.132(5)(a)(a) The department shall monitor the administration of the programs in this section.
49.132(5)(b) (b) The department shall provide training and technical assistance to counties relating to the administration of the programs under this section.
49.132(5)(c) (c) The department shall assess the extent and location of unmet child care needs in the state.
49.132(5)(d) (d) The department shall provide information to the public, counties and child care providers relating to child care services.
49.132(5)(e) (e) The department shall promptly recover all overpayments made under this section. The department shall promulgate rules establishing policies and procedures to administer this paragraph.
49.132(5)(f) (f) Before the department distributes any funds under sub. (2) to a private nonprofit child care provider that provides child care for the children of migrant workers, it shall establish an annual grant process for selecting child care providers to whom the funds will be distributed. The department shall enter into a contract, specifying the conditions under which day care will be provided to the children of migrant workers, with each provider selected.
49.132(6) (6)Sunset. This section does not apply beginning on the first day of the 6th month beginning after the date specified in the notice under s. 49.141 (2) (d).
49.132 History History: 1983 a. 193; 1985 a. 29 ss. 904c to 904w, 3202 (23); 1985 a. 176, 281; 1987 a. 27; 1989 a. 31; 1991 a. 6, 39, 189, 275; 1993 a. 16, 399, 446; 1993 a. 490 s. 272; 1993 a. 491; 1995 a. 27, 216, 289; 1995 a. 404 ss. 89 to 94, 96 to 115, 120, 121; Stats. 1995 s. 49.132; s. 13.93 (1) (b).
49.133 49.133 Refusal to pay child care providers. The department or a county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under s. 49.132 or any other program if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:
49.133(1) (1) The person has been convicted of a felony or misdemeanor that the department or county department under s. 46.215, 46.22 or 46.23 determines substantially relates to the care of children.
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