Publication Date:
August 15, 1996
Effective Date:
August 15, 1996
Expiration Date:
January 12, 1997
Hearing Dates:
January 10, 13 & 14, 1997
Extension Through:
March 12, 1997
EMERGENCY RULES NOW IN EFFECT
Health & Family Services
(Management, Policy and Budget, Chs. HSS 1--)
Rules adopted revising ch. HSS 1, relating to parental liability for the cost of care for children in court-ordered substitute care.
Exemption From Finding of Emergency
The Legislature in s. 9126 (2z) of 1993 Wis. Act 481 directed the Department to promulgate rules required under s. 46.25 (9) (b), Stats., by using emergency rulemaking procedures but exempted the Department from the requirement under s. 227.24 (1) and (3), Stats., to make a finding of emergency.
Analysis
Section 46.10 (14) (b), Stats., as created by 1993 Wis. Act 481, requires that parental support for court-ordered placements under s. 48.345, Stats., for children found to be in need of protection or services, and s. 938.183 (2), 938.34, 938.345 or 938.357, Stats., for youth adjudged delinquent, be established according to the child support percentage of income standard in ch. HSS 80, and s. 46.25 (9) (b), Stats., as created by Wis. Act 481, directs the Department to promulgate rules, separate from ch. HSS 80, for the application of the child support percentage of income standard to court-ordered substitute care cases. The rules are to take into account the needs of any person, including dependent children other than the child going into care, whom either parent is legally obligated to support. The rules proposed here will address these and other issues related to support for children in court-ordered substitute care.
This order creates s. HSS 1.07 relating to parental support for children in court-ordered substitute care and makes related changes in ss. HSS 1.01 to 1.06. However, if a child in care has income or assets, the payment requirements will continue to be assessed according to s. HSS 1.03.
Publication Date:
January 22, 1997
Effective Date:
January 22, 1997
Expiration Date:
June 21, 1997
EMERGENCY RULES NOW IN EFFECT (3)
Health and Social Services
(Community Services, Chs. HSS 30--)
1. 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
Extension Through:
March 27, 1997
2. 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 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 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.
10. Parochial and Private Schools
Deleting rules related to certification of parochial and private schools since those programs can become licensed in order to receive public child care funding.
11. Parent Checklist
Deleting the rules requirement that parents in certified family day care and in-home day care complete and return a checklist of basic certification standards but permitting counties and tribes to continue to require it.
