Scope Statements
Children and Families
This statement of scope was approved by the governor on July 30, 2012.
Rule No.
Relating to
Circumstances for a waiver to allow child care subsidy payments for a parent who is a provider.
Rule Type
Emergency.
Finding/Nature of Emergency (Emergency Rule only):
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, prohibits a parent who is a child care provider from receiving a child care subsidy for care of the provider's children by another child care provider. The prohibition on assistance does not apply if the child's parent has applied for, and been granted, a waiver. Implementation of an emergency rule specifying the circumstances under which the department or an agency will grant a waiver is necessary to protect certain vulnerable children.
Detailed Description of the Objective of the Proposed Rule
The rule will specify the circumstances, or standards for determining the circumstances, under which a child care administrative agency will grant a waiver under s.
49.155 (3m) (d), Stats.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A parent who is a child care provider may apply to the child care administrative agency for a waiver requesting assistance for child care services provided for the provider's child by another child care provider. The department or agency may grant a waiver if any of the following apply:
• The department or agency determines that assistance is appropriate because the child has a special need.
• The parent is the child's foster parent.
• The parent is the child's guardian or interim caretaker and is receiving subsidized guardianship payments for the care and maintenance of the child.
• The parent is the child's kinship care relative, the child has been placed with the relative under a court order, and the relative is receiving kinship care payments for the care and maintenance of the child.
• Both of the following apply:
○ The child's biological parent is a dependent minor child under the age of 18 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.
○ The dependent minor parent and the child reside with a person who is considered the parent for purposes of the child care subsidy program and who may be the dependent minor parent's custodial parent, kinship care relative, foster parent, or guardian receiving subsidized guardianship payments for the care and maintenance of the dependent minor parent.
Detailed Explanation of Statutory Authority for the Rule
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider.
This prohibition does not apply if the child's parent has applied for, and been granted, a waiver of by the county department, agency, or by the department. Section
49.155 (3m) (d) 4., Stats., directs the department to promulgate rules that specify the circumstances, or standards for determining the circumstances, under which a local agency or the department will grant a waiver.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Child care providers, low-income parents who are child care providers.
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)
Minimal or no economic impact.
Contact Person
Susan Mathison, Division of Early Care and Education
(608) 266-8832
Employee Trust Funds
This statement of scope was approved by the governor on July 30, 2012.
Rule No.
Relating to
Technical changes to ETF rules.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objective of this technical rule is to make to technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantive changes. This rule:
A. Removes the language in an existing rule relating to the benefit adjustment contribution.
B. Changes an existing rule to allow employers more flexibility in the deadlines for submitting monthly reports to ETF.
C.
Changes an existing rule in order to comply with
2011 Wisconsin Act 32 eligibility requirements for employees initially working for a Wisconsin Retirement System employer on or after July 1, 2011.
D. Allows benefits paid via electronic deposit to go to any financial institution account designated by the member, beneficiary or distributee of an estate and approved by ETF.
E.
Changes the existing rule regarding local public employers health insurance to comply with
2011 Wisconsin Act 133.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A.
ETF s.
10.01 (3i) is amended to remove the language referencing the benefit adjustment contribution, since that type of contribution to the Wisconsin Retirement System was eliminated by
2011 Wisconsin Act 10. No new policies are being proposed and no policy alternative is presented.
