49.155(3m)(d)4.
4. The department shall by rule specify the circumstances, or standards for determining the circumstances, under which the department will grant a waiver under
subd. 3.
49.155(3m)(e)1.1. In this paragraph, “
qualifying child" means a child who satisfies both of the following:
49.155(3m)(e)1.a.
a. He or she is not a child of an employee of the child care provider.
49.155(3m)(e)1.b.
b. He or she does not reside with an employee of the child care provider.
49.155(3m)(e)2.
2. No funds distributed under
par. (a) may be used for child care services that are provided for a child by a child care provider who employs either the parent of the child or a person who resides with the child, unless the child care provider is licensed under
s. 48.65 and at all times at least 60 percent of the children for whom the child care provider is providing care are qualifying children.
49.155(3m)(e)3.
3. Notwithstanding
subd. 2., if a child care provider described in
subd. 2. satisfies the requirements for payment under
subd. 2. but the percentage of qualifying children for whom the provider is providing care falls below 60 percent, the provider shall have 6 weeks to raise the percentage of qualifying children for whom the provider is providing care to at least 60 percent before payments to the provider are discontinued for child care services provided for a child who is not a qualifying child.
49.155(4)(a)(a) An eligible individual shall choose whether the child care will be provided by a child care center licensed under
s. 48.65, a Level I certified family child care provider, a Level II certified family child care provider, or a child care program provided or contracted for by a school board under
s. 120.13 (14).
49.155(4)(b)1.1. Except as provided in
subd. 2., no eligible individual may benefit personally from any marketing or promotional offerings made by a child care provider to attract clients or increase business.
49.155(4)(b)2.
2. Subdivision 1. does not apply to marketing or promotional offerings that directly benefit an eligible individual's child for whom the child care provider is providing child care services.
49.155(4)(c)1.1. Notwithstanding
par. (a) and subject to
subd. 2., an eligible individual may receive a child care subsidy under this section for child care that is provided by an out-of-state provider of child care. Notwithstanding
sub. (6), payments for child care services provided by an out-of-state provider under this subdivision shall be based on the maximum rate applicable in the county in which the eligible individual resides or on the out-of-state provider's actual rate, whichever is lower.
49.155(4)(c)2.
2. As a condition of payment under this section for child care services provided to a child of an individual who is eligible for a subsidy under this section, an out-of-state provider is subject to, and shall comply with, the provisions of this section, and rules promulgated under this section, that apply to a child care provider, as determined by the department.
49.155(5)(a)(a) An individual receiving a subsidy under this section is liable for the difference, if any, between the cost of the child care provided by the child care provider or providers selected by the individual and the subsidy amount. The department shall specify minimum or estimated copayment amounts based on family size, income level, and other factors, a schedule of which will be available in electronic form on the department's Internet site and in paper form.
49.155(5)(b)
(b) An individual who is under the age of 20 and attending high school or participating in a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.
49.155 Cross-reference
Cross-reference: See also s.
DCF 201.08, Wis. adm. code.
49.155(6)
(6) Child care rates and quality standards. 49.155(6)(a)(a) The department shall establish maximum payment rates for licensed child care services provided under this section. The department shall set the rates so that at least 75 percent of the number of places for children within the licensed capacity of all child care providers can be purchased by eligible individuals under this section.
49.155(6)(b)
(b) The department shall set maximum payment rates for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 75 percent of the rates established under
par. (a).
49.155(6)(c)
(c) The department shall set maximum payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 50 percent of the rates established under
par. (a).
49.155(6)(cm)
(cm) The department shall modify child care provider payment rates established under
pars. (a) to
(c) so that payment rates are lower for providers of after-school child care.
49.155(6)(d)
(d) The department may promulgate rules to establish a system of rates or a program of grants for child care providers that meet the higher quality of care standards established by rules promulgated under
sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under
pars. (a) to
(c).
49.155(6)(e)2.
2. Except as provided in
subd. 3., the department may not increase the maximum payment rates for child care providers before June 30, 2013.
49.155(6)(e)3.
3. The department may modify a child care provider's payment rate under
subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:
49.155(6)(e)3.a.
a. For a child care provider who receives a 1-star rating, the department shall deny payment.
49.155(6)(e)3.b.
b. For a child care provider who receives a 2-star rating, the department may reduce the maximum payment rate by up to 5 percent.
49.155(6)(e)3.c.
c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum payment rate.
49.155(6)(e)3.d.
d. For a child care provider who receives a 4-star rating, the department may increase the maximum payment rate by up to 10 percent.
49.155(6)(e)3.e.
e. For a child care provider who receives a 5-star rating, the department may increase the maximum payment rate for such a child care provider by up to 25 percent.
49.155(6)(e)4.
4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from receiving payment under this section.
49.155(6)(e)5.
5. For purposes of modifying payment rates under
subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.
49.155 Cross-reference
Cross-reference: See also s.
DCF 201.06, Wis. adm. code.
49.155(6d)(a)(a) To reduce costs under the program under this section, the department may do any of the following:
49.155(6d)(a)1.
1. Notwithstanding
sub. (1m), implement a waiting list for receipt of a child care subsidy under this section, except that a Wisconsin Works program participant may not be placed on any waiting list implemented under this subdivision.
49.155(6d)(a)2.
2. Subject to
sub. (5) (b), increase the copayment amount that an individual must pay toward the cost of child care received under this section.
49.155(6d)(a)3.
3. Notwithstanding
sub. (6), adjust the amount of payment to child care providers providing child care services under this section.
49.155(6d)(a)4.
4. Notwithstanding
sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.
49.155(6d)(b)
(b) If the department intends to take any of the actions under
par. (a), the department shall submit to the joint committee on finance a report that sets out its plan for implementing the cost-saving measures.
49.155(6g)(a)1.1. In this paragraph, “department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.
49.155(6g)(a)2.
2. Except as provided in
subd. 3., the department shall authorize no more than 12 hours of child care per day per child.
49.155(6g)(a)3.
3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.
49.155(6g)(a)4.
4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under
subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.
49.155(6g)(am)
(am) If payment to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
49.155(6g)(am)1.
1. The department shall track a child's hourly usage of child care authorizations over a 6-week period.
49.155(6g)(am)2.
2. If the child's hourly usage tracked under
subd. 1. is less than 60 percent of the authorized hours of child care, the department shall reduce the authorized hours of child care for the child to 90 percent of the maximum number of hours of child care that the child attended during that 6-week period.
49.155(6g)(am)3.
3. The department shall provide written notice of the proposed adjustment under
subd. 2. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable county department or agency.
49.155(6g)(am)4.
4. The department shall provide a grace period after the number of authorized hours are reduced under
subd. 2., during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.
49.155(6g)(b)
(b) The department shall exclude from a child's hourly usage calculation under
par. (am) 2., all of the following:
49.155(6g)(b)1.
1. One week per year of vacation time for the child's child care provider.
49.155(6g)(b)2.
2. One week per year of sick time for the child's child care provider.
49.155(6g)(b)3.
3. Two weeks per year of vacation time for the child's parent who is receiving the subsidy under this section with the child.
49.155(6g)(c)
(c) The department shall promulgate rules that specify how the requirements under this subsection will be implemented.
49.155(6m)
(6m) Child care provider record keeping. With respect to attendance records, a child care provider shall do all of the following:
49.155(6m)(a)
(a) Maintain a written record of the daily hours of attendance of each child for whom the provider is providing care under this section, including the actual arrival and departure times for each child.
49.155(6m)(b)
(b) Retain the written daily attendance records under
par. (a) for each child for at least 3 years after the child's last day of attendance, regardless of whether the child care provider is still receiving or eligible to receive payments under this section.
49.155(7)
(7) Refusal of payment to child care providers. 49.155(7)(a)1.1. If a child care provider is convicted of a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under
s. 46.215,
46.22, or
46.23 shall refuse to allow payment to the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.
49.155(7)(a)2.
2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or the county department under
s. 46.215,
46.22, or
46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.
49.155(7)(b)
(b) The department or the county department under
s. 46.215,
46.22, or
46.23 may refuse to allow payment to a child care provider for child care provided under this section if any of the following applies to the child care provider or to a caregiver specified in
s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider:
49.155(7)(b)1.
1. The person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for committing an offense that is not a serious crime, as defined in
s. 48.685 (1) (c) 3m., but the department, county department, agency contracted with under
s. 48.651 (2), or school board determines under
s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.
49.155(7)(b)2.
2. The person is a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under
s. 48.651 (2), or school board determines substantially relates to the care of children.
49.155(7)(b)3.
3. The person has been determined under
s. 48.981 to have abused or neglected a child.
49.155(7)(b)4.
4. The department or county department reasonably suspects that the person has violated any provision under the program under this section or any rule promulgated under this section.
49.155(7m)(a)(a) The department shall by rule establish policies and procedures permitting the department to do all of the following if a child care provider submits false, misleading, or irregular information to the department or if a child care provider fails to comply with the terms of the program under this section and fails to provide to the satisfaction of the department an explanation for the noncompliance:
49.155(7m)(a)2.
2. Withhold payments to be made to the child care provider.
49.155(7m)(b)
(b) The penalties under
par. (a) may be imposed on any child care provider subject to this section. Any officer, director, or employee of a child care provider that is a corporation, and any member, manager, or employee of a child care provider that is a limited liability company, who holds at least 20 percent of the ownership interest of the corporation or limited liability company and who has control or supervision of or responsibility for operating the child care business, including reporting for and receipt of payments under this section, may be found personally liable for such amounts, including overpayments made under this section, if the business, corporation, or limited liability company is unable to pay such amounts to the department. Ownership interest of a corporation or limited liability company includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation or limited liability company of which the corporation or limited liability company unable to pay such amounts is a wholly owned subsidiary. The personal liability of the officers, directors, and employees of a corporation and of the members, managers, and employees of a limited liability company as provided in this paragraph is an independent obligation and survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company.
49.155 History
History: 1995 a. 289;
1997 a. 27, s.
1766 to
1775,
1838 to
1857;
1997 a. 41,
105,
237,
252;
1999 a. 9;
2001 a. 16;
2003 a. 33;
2005 a. 25,
165;
2007 a. 20;
2009 a. 28,
76,
77,
185;
2011 a. 32,
120,
158,
202;
2013 a. 20,
113,
170;
2015 a. 55,
172; s. 35.17 correction in (6m) (title).
49.155 Cross-reference
Cross-reference: See also ch.
DCF 201 and s.
DCF 101.26, Wis. adm. code.
49.155 Annotation
It was reasonable for the department to construe sub. (1m) (a) 2. as limiting eligible employment to only “qualified" employers, meaning legitimate employers with a verified legal status. It is reasonable to expect that eligibility for child-care benefits requires legitimate, documented employment with an employer who complies with legal employment requirements. Mata v. Department of Children and Families,
2014 WI App 69,
354 Wis. 2d 486,
849 N.W.2d 908,
13-2013.
49.157
49.157
Wisconsin works; transportation assistance. A Wisconsin works agency may provide transportation assistance in the manner prescribed by the department. The Wisconsin works agency shall limit any financial assistance granted under this subsection to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.
49.157 History
History: 1995 a. 289.
49.159
49.159
Wisconsin works; noncustodial and minor and other custodial parents. 49.159(1)(a)(a) An individual who would be eligible under
s. 49.145 except that the individual is the noncustodial parent of a dependent child is eligible for services and benefits under
par. (b) if the individual is subject to a child support order, the individual satisfies all of the requirements related to substance abuse screening, testing, and treatment under
s. 49.162 that apply to the individual, and any of the following applies to the custodial parent of the dependent child:
49.159(1)(a)2.
2. The custodial parent is participating in a Wisconsin Works employment position.
