Section 49.345 (14) (a), Stats., provides that liability of certain persons specified in statute to pay for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1), Stats. Section 49.345 (14) (a), Stats., also provides the department shall bill the liable person up to any amount of liability not paid by an insurer or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1), Stats. Section 49.345 (14) (e) 5., Stats., requires the department to promulgate rules for the operation and implementation of assignments of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child. 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. 4. Estimate of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Based on the DHS estimate of 2,080 hours for ch. DHS 1, DCF staff may spend up to 1,000 hours on the rule. DCF will benefit from work done by DHS to recreate ch. DHS 1. 5. List with description all entities that may be affected by the proposed rule:
The rule will affect county human and social service departments, subcontractors of county departments, the direct service operations of DCF, and subcontractors of DCF that provide children and family services, primarily child welfare services and community-based youth justice services. There are 72 county human or social service departments. The DCF direct service operations include the Division of Milwaukee Child Protective Services and the Public Adoptions Program.
The rule will affect clients of children and family service programs, including parents and guardians of children receiving services and adult family members receiving services as part of the family.
6. 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:
No comparable federal regulation exists and none is anticipated.
7. Anticipated economic impact of implementing the rule:
None or minimal.
Contact Person:
John Tuohy, Bureau of Regional Operations Director
(608) 422-6890
