SS 028-20

5. List with description of all entities that may be affected by the rule

Residential care centers, group homes, foster homes, shelter care facilities, county departments of social and human services, the Division of Milwaukee Child Protective Services, child welfare agencies, licensed child-placing agencies, child care certification agencies, certified child care providers, licensed family child care centers, licensed group child care centers, licensed day camps, families that receive a child care subsidy, child care administrative agencies, child support agencies, families who receive child support enforcement services, and parents who owe child support obligations.

6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule

Child Welfare

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121, et seq., (Stafford Act), federal agencies that administer federal assistance programs may modify or waive administrative conditions of federal assistance programs under certain limited circumstances:

- There has been a declaration of a major disaster with respect to the applicable geographic area.

- The applicant state or local authorities have requested the modification or waiver.

- The modifications or waivers are with respect to administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster (42 USC 5141).

The U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau, has identified the prohibition on Title IV-E federal financial participation if a fingerprint-based background check of a child welfare provider has not been completed as an administrative condition that it may modify under the Stafford Act authority, and it has chosen to exercise that authority. The Department of Children and Families is the Title IV-E agency for the state of Wisconsin. Thus, during the major disaster period, a Title IV-E agency that wishes to exercise this flexibility must do the following:

- Conduct all available name-based criminal background checks for prospective foster parents, adoptive parents, legal guardians, and adults working in a group home, shelter care facility, or residential care center.

- Complete the fingerprint-based checks of National Crime Information Database under 42 USC 671 (a)(20) (A), (C), and (D) as soon as it can safely do so, in situations where only name-based checks were completed.

Child Support

45 CFR 302.70 (a) (4) requires states to have procedures for the imposition of liens against the real and personal property of noncustodial parents who owe overdue support.

7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)

Minimal impact

Contact Person:

Elaine Pridgen

DCF Rules Coordinator

[e-mail]

[phone]