Scope Statements
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
Relating to
Subsidized guardianship.
Rule Type
Emergency.
Finding/Nature of Emergency (Emergency Rule Only)
An emergency rule will need to be effective August 2012 because guardians who entered into subsidized guardianship agreements with an agency when the statewide subsidized guardianship program was implemented in August 2011 will begin to be eligible for an amendment to increase the amount of the subsidized guardianship payments. The rule will include the process for determining eligibility for an amendment.
Detailed Description of the Objective of the Proposed Rule
The emergency rule will implement s.
48.623, Stats., as created by
2011 Wisconsin Act 32, relating to the subsidized guardianship program.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The procedures for determining whether a subsidized guardianship payment should be adjusted based on a substantial change in circumstances will be similar to the procedures used for adoption assistance and foster care.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
48.623 (7), Stats., as created by
2011 Wisconsin Act 32, provides that the department shall promulgate rules to implement s.
48.623, Stats. Those rules shall include all of the following:
•
A rule defining the substantial change in circumstances under which a person receiving monthly subsidized guardianship payments may request that an agreement be amended to increase the amount of those payments.
•
Rules establishing requirements for submitting a request and criteria for determining the amount of the increase in monthly subsidized guardianship payments that a county department or the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the person receiving those payments.
•
Rules establishing the criteria for determining the amount of the decrease in monthly subsidized guardianship payments that the department shall offer if a substantial change in circumstances no longer exists. The criteria shall provide that the amount of the decrease offered by the department may not result in a monthly subsidized guardianship payment that is less than the initial monthly subsidized guardianship payment provided for the child.
Section
48.623 (3) (d), Stats., as created by
2011 Wisconsin Act 32, provides that the department or a county department may recover an overpayment made from a guardian or interim caretaker who continues to receive those payments by reducing the amount of the person's monthly payment. The department may by rule specify other methods for recovering those overpayments. A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
250 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Children in out-of-home care, relatives of children in out-of-home care, and county departments of social or human services.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Fostering Connections to Success and Increasing Adoptions Act of 2008 creates an option for states to operate a guardianship assistance program and receive federal reimbursement for a percentage of the expenditures under Title IV-E of the Social Security Act. Once a state adopts the option in the state plan, assistance must be provided to any child who is eligible.
42 USC 671 (a) (28) provides that an agency may enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis.
42 USC 673 (d) provides that a child is eligible for kinship guardianship assistance payments if all of the following apply:
•
The child was removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child.
•
The child was eligible for foster care maintenance payments while residing for at least 6 consecutive months in the home of the prospective relative guardian.
•
Being returned home or adopted are not appropriate permanency options for the child.
•
The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
•
With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.
An agency may provide kinship guardianship assistance payments for a sibling of a child determined eligible, regardless of whether the sibling meets the eligibility requirements, if the agency and the relative agree on the appropriateness of placing the sibling in the home of the relative.
If subsidized guardianship payments are provided, an agency is required to enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian that provides the following:
•
The amount of each kinship guardianship assistance payment and the manner in which the payment may be adjusted periodically based on the circumstances of the relative guardian and the needs of the child, in consultation with the guardian. A kinship guardianship assistance payment on behalf of a child cannot exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in a foster home.
•
Any additional services and assistance that the child and relative guardian will be eligible for under the agreement and the procedure by which the relative guardian may apply for additional services as needed.
•
That the agency will pay nonrecurring expenses associated with obtaining legal guardianship of the child up to $2,000.
•
That the agreement shall remain in effect without regard to the state residency of the relative guardian.
42 USC 671 (a) (20) requires a state to provide procedures for fingerprint-based criminal records checks of relative guardians and child abuse and neglect registry checks of relative guardians and adults living the guardians' home before guardianship assistance payments may be made.
42 USC 673 (b) (3) (C) provides that a child for whom kinship guardianship assistance payments are being made is categorically eligible for Medicaid in the same manner as a child for whom foster care maintenance payments are made.
Before the Fostering Connections to Success and Increasing Adoptions Act of 2008 was adopted, 11 states operated subsidized guardianship programs as demonstration projects under federal waivers, including a Wisconsin program in Milwaukee County. The demonstration projects found that the availability of subsidized guardianship increases the number of children who exit foster care to permanent homes, maintains child safety, and saves money through reductions in out-of-home placement days and subsequent decreases in the administrative costs associated with supervising foster care cases. For a synthesis of the findings of the subsidized guardianship demonstration projects, see
http://www.acf.hhs.gov/programs/cb/programs_fund/cwwaiver/2011/subsidized.pdf.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimal or no impact.
Contact Person
Jonelle Brom, Division of Safety and Permanence
(608) 264-6933
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Subject
Chapter
DCF 201, incentive program for child care administrative agencies that identify subsidy fraud committed by child care providers.
Objective and Policy Analysis
The proposed rules for the incentive program will be in accordance with the department's plan as approved by the Joint Committee on Finance on January 23, 2012.
Statutory Authority
Section 49.197 (2), Stats., as repealed and recreated by
2011 Wisconsin Act 32, provides that the department shall by rule establish an incentive program that, using moneys from the allocation under s.
49.175 (1) (p), Stats., rewards county departments, Wisconsin Works (W-2) agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program.
The rules shall specify that a county department, W-2 agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, W-2 agency, or tribal governing body may use payments received for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.
No later than January 1, 2012, the department shall submit its plan for the incentive program to the Joint Committee on Finance for review by the committee. The department shall promulgate the rules for the incentive program in accordance with the plan as approved by the committee.
The department administers the child care subsidy program under s.
49.155, Stats. Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Entities that may be Affected by the Rule
Child care administrative agencies.
Summary of Federal Requirements
None.
Anticipated Economic Impact
No or minimal impact.
Staff Time Required
80 hours.
Contact Information
Jim Bates, Division of Early Care and Education
(608) 266-6946
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
Relating to
Sanctions in the Wisconsin Works Program.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The proposed rules will specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works (W-2) group, who engages in a behavior specified in s.
49.151 (1) (a),
(b),
(c),
(d), or
(e), Stats., is demonstrating a refusal to participate.
The proposed rules will also establish procedures for providing written notice before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in W-2. In addition, the proposed rules will include a definition of the “reasonable time" that a W-2 agency is required to allow a participant to rectify a deficiency, failure, or other behavior to avoid the proposed action under s.
49.153 (1) (c), Stats.
Detailed Explanation of Statutory Authority for the Rule
Section
49.1515 (1), Stats., as created by
2009 Wisconsin Act 28 and affected by
2011 Wisconsin Act 32, provides that the department shall by rule specify guidelines for determining when a Wisconsin Works participant, or individual in the participant's group, who engages in behavior in s.
49.151 (1) (a) to
(e), Stats., is demonstrating a refusal to participate.
Section
49.151 (1), Stats., as affected by
2009 Wisconsin Act 28 and
2011 Wisconsin Act 32, provides that a participant who refuses to participate as determined under guidelines promulgated under s.
49.1515, Stats., in any W-2 employment position is ineligible to participate in the W-2 program for 3 months. A participant is also ineligible if a nonparticipant parent who is required to work under the 2-parent family requirement in s.
49.15 (2), Stats., refuses to participate as required. A participant or a nonparticipant parent who is required to work under the 2-parent family requirement in s.
49.15 (2), Stats., demonstrates a refusal to participate if the individual does any of the following:
•
Expresses verbally or in writing to the W-2 agency that he or she refuses to participate.
•
Fails, without good cause, to appear for an interview with a prospective employer or fails to appear for an assigned activity if the individual is a participant in a W-2 transitional placement.
•
Voluntarily leaves appropriate employment or training without good cause.
•
Loses employment as a result of being discharged for cause.
•
Demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a W-2 employment position.
Section
49.153 (1), Stats., as created by
2005 Wisconsin Act 25 and affected by
2009 Wisconsin Act 28 and
2011 Wisconsin Act 32, provides that before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in W-2, a W-2 agency shall do all of the following:
(a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action.
(c) After providing the notice under par. (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
Section
49.153 (2), Stats., as created by
2005 Wisconsin Act 25 and affected by
2011 Wisconsin Act 32, provides that the department shall promulgate rules that establish procedures for the notice under sub. (1) (a) and define “reasonable time" for the purpose of sub. (1) (c).
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
175 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
W-2 agencies, W-2 participants, and nonparticipant parents required to work under the 2-parent family requirement in s.
49.15 (2), Stats.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
If an individual refuses to engage in work, the state must reduce or terminate the amount payable to the family, subject to any good cause exceptions the state may establish. The state must, at a minimum, reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during the month in which the individual refuses to work.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
No or minimal impact.
Contact Person
Margaret McMahon, Division of Family and Economic Security
(608) 266-1717
Children and Families
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
Relating to
Child care vehicle safety alarms.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The proposed rules will incorporate the requirements of s.
48.658, Stats., regarding child care vehicle safety alarms into the child care certification and licensing rules.
Detailed Explanation of Statutory Authority for the Rule
Section
48.658, Stats., as created by
2009 Wisconsin Act 19, requires a child care vehicle that meets certain criteria to have a child safety alarm that will prompt the driver of the vehicle to inspect the vehicle for children before exiting the vehicle. Vehicles that meet the following criteria must be have a child safety alarm installed:
•
The vehicle is used to transport children to and from the child care provider.
•
The vehicle has a seating capacity of 6 or more passengers in addition to the driver.
•
The vehicle is owned or leased by a child care provider or a contractor of a child care provider.
A person who is required to have a child safety alarm installed shall ensure that the alarm is properly maintained and in good working order each time the child care vehicle is used for transporting children to or from a child care provider.
Section
48.658 (4) (a), Stats., directs the department to promulgate rules to implement s.
48.658, Stats. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s.
48.65 (1), Stats., or established or contracted for under s.
120.13 (14), Stats., and a county department, whenever it inspects a child care provider that is certified under s.
48.651, Stats., to inspect the child safety alarm of each child care vehicle that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Child care providers and certification agencies.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
No or minimal impact.
Contact Person
For licensed child care:
Anne Carmody
Bureau of Early Care Regulation
(608) 267-9761
For certified child care:
Jolene Ibeling
Bureau of Early Care Regulation
(608) 267-2079
Financial Institutions — Banking
This statement of scope was approved by the governor on May 23, 2012.
Rule No.
DFI-Bkg 78.
Relating to
Title loans.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
As a result of the passage of
2011 Wisconsin Act 32, a licensed lender that holds the proper certificate of authorization may make title loans. However, no licensed lender may make a title loan to a borrower that results in the borrower having liability for the loan, in principal, of more than 50 percent of the retail value of the motor vehicle used as security for the loan.
The objective is to promulgate a rule for determining the retail value of a motor vehicle, including specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Current policy: Since July 1, 2011, a licensed lender that holds a certificate of authorization issued by the division of banking can make title loans. No title loan that results in the borrower having liability for the loan, in principal, of more than 50 percent of the retail value of the motor vehicle used as security for the loan, may be made. Currently, there is no rule setting forth how the lender should determine the retail value of the vehicle.
Proposed change: Create a rule that sets forth how the lender should determine the retail value of a motor vehicle, including specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
138.16 (2), Stats., which states that “[t]he division shall promulgate rules for determining the retail value of a motor vehicle for purposes of this paragraph, including rules specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 30 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would impact lenders licensed under s.
138.09, Stats., that are authorized to make title loans and consumers obtaining title loans from such licensees. No impact is expected for business associations, public utility rate payers, or local government units.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
DFI is unaware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule
The division anticipates that any economic impact of implementing the rule would be minimal.
Contact Person
Eric Knight
Executive Assistant
Department of Financial Institutions
Hearing and Speech Examining Board
This statement of scope was approved by the governor on May 4, 2012.
Rule No.
HAS 6
Relating to
Deceptive advertising.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not Applicable.
Detailed Description of the Objective of the Proposed Rule
To add the new statutory definition as it relates to “Deceptive" advertising and to revise the rule relative to the grounds for discipline for such advertising.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The passage of
2009 Wisconsin Act 356 amended s.
459.34 (2) (d), Wis. Stats., to expand and further clarify the definition of false, misleading and deceptive advertising. Accordingly, s.
HAS 6.175, Wis. Admin. Code, shall be revised to reflect the new definition. In addition, the statutory change requires revision of the language in s.
HAS 6.18 (1) (d), Wis. Admin. Code, which provides that deceptive advertising is a basis for professional discipline.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 Hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Speech Language Pathologists and Audiologists.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule
There is no anticipated economic impact of implementing the rule. It is not likely to have an economic impact on small businesses.
Contact Person
Sharon Henes, Paralegal, (608) 261-2377
Technical College System Board
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
TCS 2
Relating to
District board member appointments.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
To establish criteria and procedures for the review of district board member appointments by the board as required under s.
38.04 (15), Stats., and to interpret the board's authority to require under s.
38.10 (2) (c), Stats., that district board appointments comply with the plan of representation and interprets s.
38.10 (2) (f) and
(fm), Stats., requiring the board to formulate the plan of representation and appoint district board members upon the occurrence of certain specified circumstances.
Amendments to TCS 2 proposed to align references to the membership of the Milwaukee Area Technical College District Board with the member representation established by the Legislature and the Governor in
2011 Wisconsin Act 286.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Wisconsin Technical College System Board Policy 100,
District Board Appointments, refers to statutory and administrative rule requirements.
2011 Wisconsin Act 286 does not require any modification of Policy 100. No new Board policies are anticipated.
TCS 2 will be modified to reflect the new district board and appointment committee membership requirements for Milwaukee Area Technical College District pursuant to
2011 Wisconsin Act 286.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours of staff time. Minimal printing resources required.
List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin Technical College System Board
Milwaukee Area Technical College District
Milwaukee Area Technical College District Board
Milwaukee Area Technical College District Board Appointment Committee
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Morna Foy, 608-266-2449
