A rule was adopted amending s. WGC 24.13 (1) (d), relating to simulcasting fees.
Finding of Emergency
The Wisconsin Gaming Commission finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The previous fee of $50 per performance made simulcasting cost prohibitive, and as a result, prevented the expansion of employment and residual economic benefits. The emergency rule will allow for the increased economic activity.
Publication Date:
March 1, 1996
Effective Date:
March 1, 1996
Expiration Date:
July 29, 1996
Hearing Date:
April 15, 1996
Extension Through:
August 30,1996
EMERGENCY RULES NOW IN EFFECT (3)
Health and Social Services
(Community Services, Chs. HSS 30--)
1. Rules were adopted creating ch. HSS 38, relating to treatment foster care for children.
Exemption From Finding of Emergency
The Legislature in s. 182 (1) of 1993 Wis. Act 446 directed the Department to promulgate rules under s. 48.67 (1), Stats., as amended by Act 446, for licensing treatment foster homes, to take effect on September 1, 1994, by using the emergency rule-making procedures under s. 227.24, Stats., but without having to make a finding of emergency. They will remain in effect until replaced by permanent rules.
Analysis prepared by the Department of Health and Social Services
This rule-making order implements s. 48.67 (1), Stats., as amended by 1993 Wis. Act 446, which directs the Department to promulgate rules establishing minimum requirements for issuing licenses to treatment foster homes, including standards for operation of those homes.
Treatment foster care is a family-based and community-based approach to substitute care and treatment for children who are medically needy or emotionally disturbed and for some developmentally disabled children, and could be an alternative to institutionalization for some children. Treatment foster care is provided in a foster home by foster parents who meet education and training requirements which exceed the requirements for regular foster care, and by social service, mental health and other professional staff.
A number of public and private agencies have recently begun providing “treatment foster care,” but since there are no standards currently for this type of care, those programs vary considerably in the type and quality of services they provide. These rules establish minimum standards that agencies, professional staff and foster parents would have to meet in order to claim that they are providing treatment foster care.
The rules require treatment foster homes to comply with ch. HSS 56 for regular foster homes except when there is a conflict between a provision of these rules and ch. HSS 56, in which case these rules take precedence.
The rules cover making application to a licensing agency for a treatment foster home licensee, licensee qualifications, licensee responsibilities, respite care for foster parents, responsibilities of the providing agency, the physical environment of a treatment foster home, care of the children and training for treatment foster parents.
Publication Date:
September 1, 1994
Effective Date:
September 1, 1994
Expiration Date:
1993 Wis. Act 446, s. 182
Hearing Dates:
January 24, 25 & 26, 1995
2. Rules were adopted revising ss. HSS 55.70 to 55.76, relating to administration of child care funds.
Exemption From Finding of Emergency
The Legislature in s. 275 (2) of 1995 Wis. Act 289 directed the Department to promulgate rules relating to public assistance required under chs. 46, 48 and 49, Stats., as affected by the Acts of 1995, before July 1, 1996, for the period before permanent rules take effect, by using emergency rulemaking procedures but without having to make a finding of emergency. These are public assistance-related rules. They are for administration of health care funds. They will take effect on July 1, 1996.
Analysis
The Department's rules for county agency, tribal agency and other child care administrative agency administration of funds for child day care under s. 46.98, Stats., are revised by this order to bring the rules into compliance with statute changes made by 1995 Wis. Acts 27 and 289 and changes in federal regulations, including federal regulations for child care and development block grant funding, 45 CFR Parts 98 and 99, and at-risk child care, 45 CFR Part 257, since the rules were last revised in late 1991; to made policies relating to eligibility for low-income child care more like child care eligibility policies under the Job Opportunities and Basic Skills (JOBS) training program under 42 USC 682 and s. 49.193, Stats.; to prevent and deal with fraud; and to clarify the applicability of certain policies.
Key changes are the following:
1. Income Eligibility
Income eligibility for low income child care is changed to be in compliance with changes made in s. 46.98 (4), Stats., by Act 289.
2. Costs Charged to Parents
Parent co-payment responsibilities are revised to be those established in state law based on family income and the cost of care.
3. Eligibility for Parents in Training or Educational Programs
Parent eligibility to received low-income child care funds when the parents are in training or educational programs is modified so that only parents under 20 years of age enrolled in high school or an equivalent program are eligible, in compliance with Act 289 changes in the statutes.
4. Loss of Eligibility
A local agency is permitted to determine that a parent is no longer eligible for child care funds if the parent fails to make required co-payments or provides false information to the agency about income or other matters affecting eligibility.
5. Recovery of Funds
Rules are added in compliance with 1995 Wis. Act 27 to provide for recovery of funds from a parent if the parent was not eligible for child care funds, and for recovery of an overpayment made to a provider when the provider is responsible for the overpayment.
6. Reimbursement
Local agencies are permitted to reimburse parents under certain circumstances for the cost of health care services or to make funds available to parents for the purchase of child care services, and local agencies are directed when to reimburse child care providers on the basis of authorized units of service or for days of attendance.
7. Authorized Child Care Providers
Local agencies are permitted to make payments, under certain conditions, to child care providers who are not licensed or certified, including:
a. When an AFDC recipient is involved in orientation, enrollment or initial assessment in the JOBS program.
b. When child care is on-site and short-term for parents in training or education programs.
c. When short-term care is needed for a child who is ill and not allowed to receive care from a regulated provider.
8. Higher Rates for Higher Quality Care
Local agencies are required to pay higher for child care to providers who meet higher quality of care standards, as allowed under federal regulations.
9. Reimbursement Rate Categories
Reimbursement rates are required to two age categories and five provider types, a change from earlier policy.
10. Elimination of Rules for Respite Child Care
Rules for respite child care are eliminated, now that there is no longer a separate fund program. The 1995-97 state budget folded funding for respite child care into general community aids allocations for counties.
Publication Date:
June 29, 1996
Effective Date:
July 1, 1996
Expiration Date:
November 28, 1996
3. Rules adopted revising ss. HSS 55.55 to 55.63, relating to certification of child care providers.
Exemption From Finding of Emergency
The Legislature in s. 275 (2) of 1995 Wis. Act 289 directed th Department to promulgate rules relating to public assistance required under chs. 46, 48 and 49, Stats., as affected by the Acts of 1995, before July 1, 1996, for the period before permanent rules take effect, by using emergency rulemaking procedures but without having to make a finding of emergency. These are public assistance-related rules. They are for certified child care. They will take effect on July 1, 1996.
Analysis
The Department's current rules for certification of family day care providers, in-home day care providers and school-age day care programs are amended by this order to bring the rules into compliance with recent statute changes, in particular the changes made by 1995 Wis. Act 289 in establishing Wisconsin Works (W-2), a new system of assistance for families with dependent children which will replace Aid to Families with Dependent Children (AFDC), and to add needed protections for children, reduce or eliminate unnecessary requirements and clarify the authority of certifying agencies.
Key changes include:
1. Provisional Certification
Modifying standards for provisional certification so that no training is required, in compliance with Act 289 changes in the statutes.
2. Limited Certification
Deleting the category of limited certification, in compliance with Act 289 changes in the statutes.
3. Training for Regular Certification
Deleting the optional requirement to add 5 hours of initial training for regular certification, in order to standardize regulation statewide.
4. Criminal Records Check
Adding requirements for state criminal records checks and FBI criminal record check under certain circumstances, as required by Act 289 changes in the statutes.
5. Certification Fee
Permitting counties and tribal agencies to charge certification fees, as allowed under Act 289, not to exceed licensing fees for family day care centers plus the cost of criminal record checks.
6. Acceptance of Certification
Providing that certification issued by one certifying agency is to be accepted as valid by other certifying agencies.
7. Certification Exemption
Exempting specified child care arrangements from certification because those arrangements are short-term.
8. Sanction Authority
Giving sanction authority to certifying agencies when there is danger to the health, safety or welfare of children in care.
9. School-Age Programs
Adding requirements related to swimming pools and water safety.
Adding requirements for the safety of vehicles transporting children.
Deleting requirements for:
a. Physical exams for children and staff (replaced by a health history requirement).
b. 75 square feet of outdoor space per child.
c. Daily outdoor activities.
d. A place for rest or relaxation.
e. Ongoing communication with the child's parent.
f. Making copies of the certification standards available to all parents.
