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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.
49.133(2) (2) The person is the subject of a pending criminal charge that the department or county department under s. 46.215, 46.22 or 46.23 determines substantially relates to the care of children.
49.133(3) (3) The person has been determined under s. 48.981 to have abused or neglected a child.
49.133 History History: 1989 a. 31; 1995 a. 404 s. 122; Stats. 1995 s. 49.133.
49.134 49.134 Child care resource and referral service grants.
49.134(1)(1)Definitions. In this section:
49.134(1)(a) (a) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
49.134(1)(b) (b) "Local agency" means a nonprofit, tax-exempt corporation or an Indian tribe that provides or proposes to provide child care resource and referral services that are funded under this section.
49.134(1)(c) (c) "Nonprofit, tax-exempt corporation" means a nonstock, nonprofit corporation organized under ch. 181 that is exempt from taxation under section 501 (c) of the internal revenue code.
49.134(2) (2)Resource and referral service grants.
49.134(2)(a)(a) From the allocation under s. 49.131 (2) (c) 2., the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.
49.134(2)(c) (c) A local agency that is awarded a grant under this section shall contribute matching funds equal to 25% of the amount awarded under this section. The match may be in the form of money or in-kind goods or services, or both.
49.134(2)(d) (d) The department may award a grant under this section to a local agency only if that local agency meets any of the following requirements:
49.134(2)(d)1. 1. The local agency is solely in the business of providing child care resource and referral services.
49.134(2)(d)2. 2. If the local agency provides services, or is affiliated with a person who provides services, other than child care resource and referral services, the local agency, or the person with whom the local agency is affiliated, is not a provider of child care services or of early childhood education services and the local agency has an advisory committee to provide oversight for the portion of the local agency's services that are child care resource and referral services.
49.134(3) (3)Use of grant funds.
49.134(3)(a)(a) A local agency that is awarded a grant under this section may use the funds to provide any of the following services:
49.134(3)(a)1. 1. Technical assistance and support to child care providers.
49.134(3)(a)2. 2. Recruitment of child care providers in areas of need.
49.134(3)(a)3. 3. Information on the child care service options that are available in the community served by the local agency.
49.134(3)(a)4. 4. A data resource file that identifies the child care service options that are available in the community served by the local agency and that documents the requests and needs of parents in that community for child care services.
49.134(3)(a)5. 5. Programs or information on continuing education and training for child care providers.
49.134(3)(a)6. 6. Any other information regarding the availability and quality of child care services in the community served by the local agency.
49.134(3)(b) (b) A local agency that is awarded a grant under this section may not use the funds to supplant any other funds that the local agency uses to provide child care resource and referral services at the time of the awarding of the grant.
49.134(4) (4)Department responsibilities. The department shall do all of the following:
49.134(4)(a) (a) Administer, or contract for the administration of, the grant program under this section, provide an application procedure for that program and disburse funds awarded under that program.
49.134(4)(b) (b) Provide consultation and technical assistance to local agencies in the preparation of grant applications and the operation of child care resource and referral services programs funded under this section.
49.134(4)(c) (c) Monitor the child care resource and referral services provided by a grant recipient.
49.134 History History: 1991 a. 275; 1993 a. 16; 1995 a. 27; 1995 a. 404 ss. 123 to 129; Stats. 1995 s. 49.134.
49.136 49.136 Child care start-up and expansion.
49.136(1) (1)Definitions. In this section:
49.136(1)(b) (b) "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).
49.136(1)(d) (d) "Day care center" means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.
49.136(1)(e) (e) "Day care program" means a program established and provided by a school board under s. 120.13 (14) or purchased by a school board from a provider licensed under s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
49.136(1)(g) (g) "Employer" means a person who engages the services of an employe, and includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the courts and the legislature.
49.136(1)(j) (j) "Family day care center" means a day care center that provides care and supervision for not less than 4 nor more than 8 children.
49.136(1)(k) (k) "Group day care center" means a day care center that provides care and supervision for 9 or more children.
49.136(1)(m) (m) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.136(1)(n) (n) "Student parent" means a pupil who is enrolled in a middle school, junior high school or senior high school and who is a parent.
49.136(2) (2)Start-up and expansion.
49.136(2)(a)(a) From the allocation under s. 49.131 (2) (c) 1., the department shall award grants for the start-up or expansion of child care services.
49.136(2)(b) (b) The department shall attempt to award grants under this section to head start agencies designated under 42 USC 9836, employers that provide or wish to provide child care services for their employes, family day care centers, group day care centers and day care programs for the children of student parents.
49.136(2)(cm) (cm) A person who is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.136(6) (6)Limit on expenditure of funds. No funds provided under this section may be used for the purchase or improvement of land or for the purchase, construction or permanent improvement, other than minor remodeling, of any building or facility.
49.136(7) (7)Grant administration.
49.136(7)(a)(a) The department shall establish guidelines for eligibility for a grant under this section. The department need not promulgate those guidelines as rules under ch. 227.
49.136(7)(b) (b) The department may administer the grant application process under this section or contract for the administration of that process.
49.136 History History: 1991 a. 275; 1993 a. 16; 1995 a. 27, 289; 1995 a. 404 ss. 131 to 141; Stats. 1995 s. 49.136.
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