49.155(3)
(3) Child care local administration. Except as provided in
sub. (3g), the county department or agency with which the department contracts under
sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. For the administration of child care assistance under this section, the department may require the county department or agency to do all of the following:
49.155(3)(a)
(a) Determine an individual's liability for copayments under
sub. (5).
49.155(3)(b)
(b) Determine and authorize the amount of child care for which an individual may receive a subsidy.
49.155(3)(c)
(c) Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.
49.155(3)(d)
(d) Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.
49.155(3)(e)
(e) At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.
49.155(3g)
(3g) Child care administration in certain counties. In a county having a population of 500,000 or more all of the following apply:
49.155(3g)(a)
(a) The department may contract with the Milwaukee County enrollment services unit, as provided in
s. 49.825 (2) (b), to do any of the following:
49.155(3g)(a)1.
1. Determine the eligibility of individuals for a child care subsidy under this section.
49.155(3g)(a)3.
3. Determine and authorize the amount of child care for which an individual may receive a subsidy.
49.155(3g)(a)4.
4. At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.
49.155(3g)(b)
(b) The department may establish a child care provider services unit, as provided in
s. 49.826, to perform the provider services functions specified in
s. 49.826 (2) (a).
49.155(3m)(a)(a) The department shall reimburse child care providers or shall distribute funds to county departments under
s. 46.215,
46.22 or
46.23 or tribal governing bodies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may reimburse a Wisconsin works agency for child care that the Wisconsin works agency provides to the children of Wisconsin works participants and applicants.
49.155(3m)(b)1.1. Subject to
subds. 2. and
3., the department shall, to the extent practicable, allocate funds to a contract entered into under
sub. (1m) for the administration of the program under
sub. (3) in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all statewide subsidy authorizations and eligibility redeterminations under
sub. (3) (e) in the 12-month period before the start of the contract period.
49.155(3m)(b)2.
2. The department shall allocate to each contract at least $20,000 per year for the administrative responsibilities for each geographic region or Indian tribal unit.
49.155(3m)(b)3.
3. If the department renews a contract for a subsequent year, the department shall allocate to the contract not less than 95 percent of the amount allocated to the contract in the previous year, unless the geographic region or Indian tribal unit is not comparable or total funding available for all contracts is lower than the total amount available in the previous year.
49.155(3m)(b)4.
4. Within any contract period, the department may redistribute unexpended contract balances for a county department or agency to another county department or agency that reports expenditures in excess of their original contract total for the period.
49.155(3m)(c)
(c) From the funds distributed under
par. (a), a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.
49.155(3m)(d)
(d) 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 is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.
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)
(4) Choice of provider. 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(5)
(5) Liability for payment. An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule. An individual who is under the age of 20 and is 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 56.08, Wis. adm. code.
49.155(6)
(6) Child care rates and quality standards. 49.155(6)(a)(a) Subject to review and approval by the department, each county shall establish the maximum reimbursement rate for licensed child care services provided under this section. A county shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in that county can be purchased at or below that maximum rate.
49.155(6)(b)
(b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under
par. (a).
49.155(6)(c)
(c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under
par. (a).
49.155(6)(cm)
(cm) The department shall modify child care provider reimbursement rates established under
pars. (a) to
(c) so that reimbursement 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 that the department will pay to 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)
(e) The department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011.
49.155 Cross-reference
Cross-reference: See also s.
DCF 56.06, Wis. adm. code.
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 reimbursement 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 recordkeeping. 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 to pay 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 pay 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 pay 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(8)
(8) Ineligibility for conviction of violation. Notwithstanding
sub. (1m) and
ss. 49.141 (7) (c) and
49.151 (2), if a court finds or it is determined after an administrative hearing that an individual who is receiving or has received a child care subsidy under this section has violated any provision of, or rule promulgated under, this section, the individual shall be ineligible for up to 5 years, beginning on the date of the judgment or decision, to receive a child care subsidy under this section.
49.155 Cross-reference
Cross-reference: See also ch.
DCF 201 and s.
DCF 101.26, Wis. adm. code.
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)
(1)
Noncustodial parents. 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 under this subsection if the dependent child's custodial parent is a participant and if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.
49.159(2)
(2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in
s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.
49.159(3)
(3) Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
49.159(4)
(4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under
s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under
s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin Works agency.
49.161
49.161
Wisconsin works; overpayments. 49.161(1)
(1)
Trial jobs overpayments. Notwithstanding
s. 49.96, the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (a) from an individual who receives benefits paid under
s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
49.161(2)
(2) Community service jobs and transitional placements overpayments. Except as provided in
sub. (3), the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (b) or
(c) from an individual who continues to receive benefits under
s. 49.148 (1) (b)and
(c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3)
(3) Overpayments caused by intentional program violations. If an overpayment under
sub. (1) or
(2) is the result of an intentional violation of
ss. 49.141 to
49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under
s. 49.148 (1) (a),
(b) or
(c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a)
(a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
