DCF 201.02 (16m) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1). SECTION 14. DCF 201.02 (17) is repealed and recreated to read:
DCF 201.02 (17) “Parent” means a custodial parent, foster parent, kinship care relative, guardian, legal custodian, subsidized guardian or interim caretaker under s. 48.623, Stats., or a person acting in place of a parent. “Parent” also includes the spouse or nonmarital coparent of a parent who resides in the same household as the parent. SECTION 15. DCF 201.02 (17) (Note) is repealed.
SECTION 16. DCF 201.02 (17e) and (Note) and (17s) are created to read:
DCF 201.02 (17e) “Parent’s share” means the out-of-pocket cost of child care that a parent is responsible for paying to the child care provider, including any amount charged by the provider that exceeds the amount of the parent’s subsidy payment.
(17s) “Physician assistant” has the same meaning as in s. 448.01 (6), Stats. SECTION 17. DCF 201.02 (18) is repealed.
SECTION 18. DCF 201.02 (21) and (21m) are created to read:
DCF 201.02 (21) “Temporary break” means a parent’s time—limited absence from an approved activity due to illness, leave to care for family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an approved activity as long as the parent continues to be employed or enrolled in the approved activity and the absence does not exceed 3 months.
(21m) “Twelve-month eligibility period” means the period between the initial determination of a parent’s eligibility and the following redetermination or between annual redeterminations of a parent’s eligibility.
SECTION 19. DCF 201.03 (title) is amended to read:
DCF 201.03 (title) Department of children and families powers and responsibilities.
SECTION 20. DCF 201.034 (2) (c) is amended to read:
DCF 201.034 (2) (c) Assessing a family’s need for an assistance group’s child care needs.
SECTION 21. DCF 201.036 (2) is amended to read:
DCF 201.036 (2) agency determination. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats., and this section. SECTION 22. DCF 201.036 (2e), (2m), and (2s) are created to read:
DCF 201.036 (2e) Exclusions from limit on liquid assets. Financial resources that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s. 49.155 (1m) (cm), Stats. (2m) limits on the value of an assistance group’s home and vehicles. (a) Hardship exemptions. A parent who first applies for the child care subsidy program on or after January 1, 2019, is subject to the asset limits under s. 49.155 (1m) (cr), Stats., unless any of the following conditions are met: 1. The parent is the child’s foster parent.
2. The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child was placed in the kinship care relative’s home under a court order. 3. The parent is the child’s guardian or interim caretaker under s. 48.623, Stats. 4. Ownership of an applicable asset is unclear to the child care administrative agency due to a recent death or change in the composition of the assistance group.
5. The assistance group is homeless.
(b) Agricultural land and buildings excluded from value of home. 1. In this paragraph, “agricultural land” includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.
2. In calculating the value of a home owned by the assistance group under s. 49.155 (1m) (cr) 1., Stats., the child care administrative agency shall exclude the value of any agricultural land owned by a member of the assistance group. (2s) Address verification. Except when the parent is homeless or is registered with the address confidentiality program under s. 165.68, Stats., a parent shall submit verification of the parent’s place of residence to the child care administrative agency at the parent’s eligibility determination and redetermination. SECTION 23. DCF 201.036 (3) is repealed.
SECTION 24. DCF 201.036 (4) is repealed and recreated to read:
DCF 201.036 (4) Annual redetermination of eligibility. A child care administrative agency shall redetermine a parent’s eligibility in the 11th or 12th month following the initial determination of the parent’s eligibility or the most recent annual redetermination of the parent’s eligibility.
SECTION 25. DCF 201.036 (4) (Note) is repealed.
SECTION 26. DCF 201.036 (5) is created to read:
DCF 201.036 (5) Eligibility termination. During a parent’s 12-month eligibility period, the child care administrative agency shall terminate a parent’s eligibility if any of the following conditions are met:
(a) The gross income of the assistance group exceeds 85 percent of the state median income for a household of the same size.
(b) All of the following conditions are met:
1. The parent is not participating in an approved activity.
2. The parent is not taking a temporary break from an approved activity.
3. The parent is not in an approved activity search period.
(c) The child care administrative agency or the department determines that the parent committed an intentional program violation that invalidates a prior determination of the parent’s eligibility.
(d) The parent is required to cooperate with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible under s. 49.145 (2) (f), Stats., and has failed to cooperate with these requirements without good cause under ch. DCF 102. (e) The child or the parent identified in the automation system used in determining eligibility for the child care subsidy program moves out of the state.
SECTION 27. DCF 201.037 is created to read:
DCF 201.037 Reporting requirements. (1) Report within 10 days. A parent shall notify the child care administrative agency within 10 calendar days after the date of any of the following:
(a) The assistance group receives the first payment that includes an increase in the gross income of the assistance group if any of the following conditions are met:
1. The gross income of the assistance group is at or below 185 percent of the federal poverty level, and the assistance group’s gross income increases by $250 or more per month.
2. The gross income of the assistance group exceeded 185 percent of the federal poverty level at the parent’s last eligibility redetermination and exceeds a dollar amount that will increase the assistance group’s gross income above the next 5 percent increment of the federal poverty level.
(b) The parent is no longer employed or enrolled in an approved activity.
(c) The parent is taking a temporary break that is expected to be longer than a calendar month but not more than 3 months.
(d) The child has not been in attendance at child care by the authorized provider within the previous 20 calendar days.
(e) The number of days or hours that the assistance group needs child care has changed from what was previously provided to the child care administrative agency.
(f) The parent is participating in a different approved activity.
(g) The child care provider charges the parent a reduced price.
(h) A member of the assistance group gets married or divorced.
(i) The composition of the assistance group changes.
(j) The address or place of residence of the assistance group changes, including a change that is only temporary.
(k) The child or the parent identified in the automation system for determining eligibility for the child care subsidy program moves out of the state.
(2) New provider. A parent shall notify the child care administrative agency of the parent’s intent to change child care providers as specified under s. DCF 201.039 (12). SECTION 28. DCF 201.038 (8) (title) is amended to read:
DCF 201.038 (8) (title) Inactive family assistance group.
SECTION 29. DCF 201.039 (1) is repealed and recreated to read:
DCF 201.039 Authorizations. (1) Assessment of child care needs. (a) Eligibility determination and redeterminations. Following a parent’s initial eligibility determination and annual redeterminations, the child care administrative agency shall do all of the following:
1. Assess the assistance group’s child care needs and determine the number of hours of child care for which the parent may receive a subsidy.
2. Issue a new authorization based on the assessment.
(b) Duration of authorizations. When a child care administrative agency issues a new authorization or the agency extends an existing authorization, the end date of the authorization shall be the earlier of the following:
1. The date of an expected change that may affect the assistance group’s child care needs during the parent’s 12-month eligibility period.
2. The parent’s next annual eligibility redetermination under s. 201.036 (4). (c) Required new assessment and authorization during a parent’s 12-month eligibility period. During a parent’s 12-month eligibility period, the child care administrative agency shall assess an assistance group’s child care needs and issue a new authorization based on the assessment at all of the following times:
1. When a second parent or a minor who is the biological parent of the child becomes a member of the assistance group.
2. When the parent requests an authorization and one calendar month or more has passed since the parent’s previous authorization ended.
3. When the assistance group’s child care needs no longer align with the child care provider’s hours of operation.
