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Section 49.197 (2), Stats., as repealed and recreated by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.
