49.155(3)
(3) Child care local administration. Except as provided in
sub. (3g), the county department or agency with which the department contracts under
sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. For the administration of child care assistance under this section, the department may require the county department or agency to do all of the following:
49.155(3)(a)
(a) Determine an individual's liability for copayments under
sub. (5).
49.155(3)(b)
(b) Determine and authorize the amount of child care for which an individual may receive a subsidy.
49.155(3)(c)
(c) Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.
49.155(3)(d)
(d) Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.
49.155(3)(e)
(e) At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.
49.155(3g)
(3g) Child care administration in certain counties. In a county having a population of 500,000 or more all of the following apply:
49.155(3g)(a)
(a) The department may contract with the Milwaukee County enrollment services unit, as provided in
s. 49.825 (2) (b), to do any of the following:
49.155(3g)(a)1.
1. Determine the eligibility of individuals for a child care subsidy under this section.
49.155(3g)(a)3.
3. Determine and authorize the amount of child care for which an individual may receive a subsidy.
49.155(3g)(a)4.
4. At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.
49.155(3g)(b)
(b) The department may establish a child care provider services unit, as provided in
s. 49.826, to perform the provider services functions specified in
s. 49.826 (2) (a).
49.155(3m)(a)(a) The department shall reimburse child care providers or shall distribute funds to county departments under
s. 46.215,
46.22 or
46.23 or tribal governing bodies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may reimburse a Wisconsin works agency for child care that the Wisconsin works agency provides to the children of Wisconsin works participants and applicants.
49.155(3m)(b)1.1. Subject to
subds. 2. and
3., the department shall, to the extent practicable, allocate funds to a contract entered into under
sub. (1m) for the administration of the program under
sub. (3) in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all statewide subsidy authorizations and eligibility redeterminations under
sub. (3) (e) in the 12-month period before the start of the contract period.
49.155(3m)(b)2.
2. The department shall allocate to each contract at least $20,000 per year for the administrative responsibilities for each geographic region or Indian tribal unit.
49.155(3m)(b)3.
3. If the department renews a contract for a subsequent year, the department shall allocate to the contract not less than 95 percent of the amount allocated to the contract in the previous year, unless the geographic region or Indian tribal unit is not comparable or total funding available for all contracts is lower than the total amount available in the previous year.
49.155(3m)(b)4.
4. Within any contract period, the department may redistribute unexpended contract balances for a county department or agency to another county department or agency that reports expenditures in excess of their original contract total for the period.
49.155(3m)(c)
(c) From the funds distributed under
par. (a), 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.
49.155(3m)(d)1.1. No funds distributed under
par. (a) may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child.
49.155(3m)(d)2.
2. If a child's parent is a child care provider, no funds distributed under
par. (a) may be used for child care services that are provided for the child by another child care provider who is not the child's parent.
49.155(3m)(d)3.
3. Subdivision 1. or
2. does not apply if the child's parent has applied for, and been granted, a waiver of the prohibition under
subd. 1. or
2. by the county department or agency or by the department.
49.155(3m)(d)4.
4. The department shall by rule specify the circumstances, or standards for determining the circumstances, under which the department will grant a waiver under
subd. 3.
49.155(3m)(e)1.1. In this paragraph, "qualifying child" means a child who satisfies both of the following:
49.155(3m)(e)1.a.
a. He or she is not a child of an employee of the child care provider.
49.155(3m)(e)1.b.
b. He or she does not reside with an employee of the child care provider.
49.155(3m)(e)2.
2. No funds distributed under
par. (a) may be used for child care services that are provided for a child by a child care provider who employs either the parent of the child or a person who resides with the child, unless the child care provider is licensed under
s. 48.65 and at all times at least 60 percent of the children for whom the child care provider is providing care are qualifying children.
49.155(3m)(e)3.
3. Notwithstanding
subd. 2., if a child care provider described in
subd. 2. satisfies the requirements for payment under
subd. 2. but the percentage of qualifying children for whom the provider is providing care falls below 60 percent, the provider shall have 6 weeks to raise the percentage of qualifying children for whom the provider is providing care to at least 60 percent before payments to the provider are discontinued for child care services provided for a child who is not a qualifying child.
49.155(4)(a)(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, a Level II certified family child care provider, or a child care program provided or contracted for by a school board under
s. 120.13 (14).
49.155(4)(b)1.1. Except as provided in
subd. 2., no eligible individual may benefit personally from any marketing or promotional offerings made by a child care provider to attract clients or increase business.
49.155(4)(b)2.
2. Subdivision 1. does not apply to marketing or promotional offerings that directly benefit an eligible individual's child for whom the child care provider is providing child care services.
49.155(5)
(5) Liability for payment. An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.
49.155 Cross-reference
Cross-reference: See also s.
DCF 56.08, Wis. adm. code.
49.155(6)
(6) Child care rates and quality standards. 49.155(6)(a)(a) Subject to review and approval by the department, each county shall establish the maximum reimbursement rate for licensed child care services provided under this section. A county shall set the rate 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.
49.155(6)(b)
(b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under
par. (a).
49.155(6)(c)
(c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under
par. (a).
49.155(6)(cm)
(cm) The department shall modify child care provider reimbursement rates established under
pars. (a) to
(c) so that reimbursement rates are lower for providers of after-school child care.
49.155(6)(d)
(d) The department may 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
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).
49.155(6)(e)2.
2. Except as provided in
subd. 3., the department may not increase the maximum reimbursement rates for child care providers before June 30, 2013.
49.155(6)(e)3.
3. Beginning on July 1, 2012, the department may modify a child care provider's reimbursement rate under
subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:
49.155(6)(e)3.a.
a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement.
49.155(6)(e)3.b.
b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement rate by up to 5 percent.
49.155(6)(e)3.c.
c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement rate.
49.155(6)(e)3.d.
d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement rate by up to 5 percent.
49.155(6)(e)3.e.
e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may increase the maximum reimbursement rate for such a child care provider by up to 25 percent.
49.155(6)(e)4.
4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from receiving payment under this section.
49.155(6)(e)5.
5. For purposes of modifying reimbursement rates under
subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.
49.155 Cross-reference
Cross-reference: See also s.
DCF 56.06, Wis. adm. code.
49.155(6d)(a)(a) To reduce costs under the program under this section, the department may do any of the following:
49.155(6d)(a)1.
1. Notwithstanding
sub. (1m), implement a waiting list for receipt of a child care subsidy under this section, except that a Wisconsin Works program participant may not be placed on any waiting list implemented under this subdivision.
49.155(6d)(a)2.
2. Notwithstanding
sub. (5), increase the copayment amount that an individual must pay toward the cost of child care received under this section.
49.155(6d)(a)3.
3. Notwithstanding
sub. (6), adjust the amount of reimbursement paid to child care providers providing child care services under this section.
49.155(6d)(a)4.
4. Notwithstanding
sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.
49.155(6d)(b)
(b) If the department intends to take any of the actions under
par. (a), the department shall submit to the joint committee on finance a report that sets out its plan for implementing the cost-saving measures.
49.155(6g)(a)1.1. In this paragraph, "department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.
49.155(6g)(a)2.
2. Except as provided in
subd. 3., the department shall authorize no more than 12 hours of child care per day per child.
49.155(6g)(a)3.
3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.
49.155(6g)(a)4.
4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under
subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.
49.155(6g)(am)
(am) If reimbursement to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
49.155(6g)(am)1.
1. The department shall track a child's hourly usage of child care authorizations over a 6-week period.
49.155(6g)(am)2.
2. If the child's hourly usage tracked under
subd. 1. is less than 60 percent of the authorized hours of child care, the department shall reduce the authorized hours of child care for the child to 90 percent of the maximum number of hours of child care that the child attended during that 6-week period.
49.155(6g)(am)3.
3. The department shall provide written notice of the proposed adjustment under
subd. 2. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable county department or agency.
49.155(6g)(am)4.
4. The department shall provide a grace period after the number of authorized hours are reduced under
subd. 2., during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.
49.155(6g)(b)
(b) The department shall exclude from a child's hourly usage calculation under
par. (am) 2., all of the following:
49.155(6g)(b)1.
1. One week per year of vacation time for the child's child care provider.
49.155(6g)(b)2.
2. One week per year of sick time for the child's child care provider.
49.155(6g)(b)3.
3. Two weeks per year of vacation time for the child's parent who is receiving the subsidy under this section with the child.
49.155(6g)(c)
(c) The department shall promulgate rules that specify how the requirements under this subsection will be implemented.
49.155(6m)
(6m) Child care provider recordkeeping. With respect to attendance records, a child care provider shall do all of the following:
49.155(6m)(a)
(a) Maintain a written record of the daily hours of attendance of each child for whom the provider is providing care under this section, including the actual arrival and departure times for each child.
49.155(6m)(b)
(b) Retain the written daily attendance records under
par. (a) for each child for at least 3 years after the child's last day of attendance, regardless of whether the child care provider is still receiving or eligible to receive payments under this section.
49.155(7)
(7) Refusal to pay child care providers. 49.155(7)(a)1.1. If a child care provider is convicted of a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under
s. 46.215,
46.22, or
46.23 shall refuse to pay the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.
49.155(7)(a)2.
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 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (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 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.
49.155(7)(b)
(b) The department or the county department under
s. 46.215,
46.22, or
46.23 may refuse to pay 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 (1) (ag) 1. a. or nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider:
49.155(7)(b)1.
1. The person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for committing an offense that is not a serious crime, as defined in
s. 48.685 (1) (c) 3m., but the department, county department, agency contracted with under
s. 48.651 (2), or school board determines under
s. 48.685 (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.
