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Wis. Stat. § 49.155

Wisconsin Shares; child care subsidy

Redline — January 1, 2003 → current.View current text →
Current — January 1, 2017
As of January 1, 2003
(1) Definitions. In this section:
(1) Definitions. In this section, except as otherwise provided:
(ag) "Child care provider" means a provider licensed under s. 48.65 , certified under s. 48.651 or established or contracted for under s. 120.13 (14) .
(ag) “Child care provider" means a provider licensed under s. 48.65 , certified under s. 48.651 or established or contracted for under s. 120.13 (14) .
(ah) “County department or agency" means a county department under s. 46.215 , 46.22 , or 46.23 , the unit, as defined in s. 49.825 (1) (e) , or a Wisconsin Works agency, child care resource and referral agency, or other agency.
(aL) "Disabled" means physically or mentally incapable of caring for oneself.
(aL) “Disabled" means physically or mentally incapable of caring for oneself.
(am) "Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a) .
(b) "Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b) .
(bm) “Liquid assets” means an individual's financial resources that are cash or can be quickly converted to cash without incurring penalties, including cash on hand, as well as funds in checking, savings, money market, and credit union share accounts. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for purposes of sub. (1m) (cm) .
(c) Notwithstanding s. 49.141 (1) (j) , “parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
(c) Notwithstanding s. 49.141 (1) (j) , “parent" means a custodial parent, guardian, foster parent, legal custodian, or a person acting in the place of a parent.
(cm) “Temporary break” means an individual's time-limited absence from an authorized activity due to illness, leave to care for an individual's family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an authorized activity as long as the individual continues to be employed or enrolled in the authorized activity and the absence does not exceed 3 months.
(d) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
(d) “Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
(1d) Child care quality of care standards. The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 . The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of child care centers by the National Association for the Education of Young Children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
(1g) Child care allocations. Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858 , the department shall allocate funding in each fiscal year for all of the following:
(ac) A child care scholarship and bonus program, in the amount of at least $3,975,000 per fiscal year.
(bc) Grants under s. 49.134 (2) for child care resource and referral services, in the amount of at least $1,298,600 per fiscal year.
(c) Child care licensing activities.
(d) Grants under s. 49.137 (4m) .
(e) Contracts under s. 49.137 (4) for training and technical assistance.
(f) The department's share of the costs for the Child Care Information Center operated by the division for libraries and technology in the department of public instruction.
(g) Contracts and grants to implement the child care quality rating system under s. 48.659 .
(1j) Unanticipated federal funds. If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding any allocation limit under sub. (1g) . If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (1g) , only with the approval of the committee.
(1d) Child care certification rules. (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651 . In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include any other requirement for training for providers. (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 . The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff. (1g) Distribution of funds. Subject to sub. (1j) , the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858 , do all of the following: (b) From the appropriation under s. 20.445 (3) (mc) , distribute $7,593,500 in fiscal year 2003-04 and $7,597,300 in fiscal year 2004-05 for administering the child care program under this section, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (4m) , for a child care scholarship and bonus program, and for administration of the department's office of child care. (c) From the appropriation account under s. 20.445 (3) (mc) , transfer $4,440,600 in fiscal year 2003-04 and $4,507,900 in fiscal year 2004-05 to the appropriation account under s. 20.435 (3) (kx) . (1j) Unanticipated federal funds. If the department receives unanticipated federal child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in sub. (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding any allocation limit under sub. (1g) . If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding sub. (1g) , only with the approval of the committee. (1m) Eligibility. A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions: (a) The individual is a parent of a child who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person who, under s. 48.57 (3m) or (3n) , is providing care and maintenance for a child who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following: 1. Meet the school attendance requirement under s. 49.26 (1) (ge) . 1m. Obtain a high school diploma or participate 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, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met: a. The individual is 18 or 19 years of age. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62 , a group home or an independent living arrangement supervised by an adult. 2. Work in an unsubsidized job, including training provided by an employer during the regular hours of employment. 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am) , (4) (am) or (5) (bm) . 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.13 . 4. If the Wisconsin works agency determines that basic education would facilitate the individual's efforts to maintain employment, participate in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation. An individual may receive aid under this subdivision for up to 2 years. 5. Participate in a course of study at a technical college, or participate in educational courses that provide an employment skill, as determined by the department, if the Wisconsin works agency determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years. (b) Except as provided in par. (bm) , the individual meets the eligibility criteria under all of the following: 1. Section 49.145 (2) (c) , (f) and (g) . 2. Section 49.145 (2) (s) . (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) , or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under s. 49.145 (2) (c) . (c) 1. Except as provided in subds. 1g. , 1h. , 1m. , 2. , and 3. , the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3. , except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following: a. Net earnings reported to the Internal Revenue Service. b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capitol equipment and payments on the principal of loans. 1g. If the individual is a foster parent of the child, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3. 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3. 1m. If the individual was eligible under s. 49.132 (4) (a) , 1995 stats., for aid under s. 49.132 , 1995 stats., and received aid under s. 49.132 , 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6) , 1995 stats., the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family. 2. If the individual was eligible under s. 49.132 (4) (am) , 1995 stats., for aid under s. 49.132 , 1995 stats., and received aid under s. 49.132 , 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family. 3. If the individual was eligible for a child care subsidy under s. 49.191 (2) , 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family. (d) The individual satisfies other eligibility criteria established by the department by rule. (3) County administration. (a) A Wisconsin works agency shall refer an individual who has been determined eligible under sub. (1m) to a county department under s. 46.215 , 46.22 or 46.23 for child care assistance. (b) The county department under s. 46.215 , 46.22 or 46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under s. 46.215 , 46.22 or 46.23 shall do all of the following: 1. Determine an individual's liability under sub. (5) . 2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider or otherwise reimburse child care providers. 3. Set maximum reimbursement rates as provided under sub. (6) (b) . 5. Certify child care providers under s. 48.651 . 6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements. (3m) Distribution of child care funds. (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. (b) Of the funds distributed under par. (a) not more than the greatest of the following may be used for the costs of administering the program under this section: 1. Five percent of the funds distributed under par. (a) in the current year. 2. Five percent of the funds distributed under par. (a) in the immediately preceding year. 3. Twenty thousand dollars. (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. (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. (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65 , a Level I certified family day care provider, a Level II certified family day care provider or a day care program provided or contracted for by a school board under s. 120.13 (14) . (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. (6) Child care rates and quality standards. (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.
(1m) Eligibility. Except as provided in sub. (3g) , the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2) , an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions: (a) Subject to sub. (2) , the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57 (3m) or (3n) or 48.62 , is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual's eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following: 1. Meeting the school attendance requirement under s. 49.26 (1) (ge) . 1m. Obtaining a high school diploma or participating 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, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) and at least one of the following conditions is met: a. The individual is 18 or 19 years of age. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home licensed under s. 48.62 , a subsidized guardianship home under s. 48.623 , a group home, or an independent living arrangement supervised by an adult. 2. Working in an unsubsidized job, including training provided by an employer during the regular hours of employment. 3. Working in a Wisconsin works employment position, including participation in job search, orientation, and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am) , (4) (am) , or (5) (bm) . 3m. Participating in a job search or work experience component of the food stamp employment and training program under s. 49.79 (9) . 3r. Participating in the Transform Milwaukee Jobs program, or the Transitional Jobs program, under s. 49.163 . 4. Participating in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, if the department or the county department or agency determining eligibility determines that basic education would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years. 5. Participating in a course of study at a technical college, or participating in educational courses that provide an employment skill, as determined by the department, if the department or the county department or agency determining eligibility determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years. 6. Taking a temporary break from an authorized activity specified in subds. 1. to 5. (b) Except as provided in par. (bm) , the individual meets the eligibility criteria under all of the following: 1. Section 49.145 (2) (f) and (g) . 2. Section 49.145 (2) (s) . (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.623 , or if the individual is a foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c) . (br) The child is immunized as required under s. 252.04 . Notwithstanding s. 252.04 (3) , for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion. (c) 1. Except as provided in subds. 1d. , 1g. , 1h. , 1m. , 2. , and 3. , the gross income of the individual's family is at or below 185 percent of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3. , except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following: a. Net earnings reported to the Internal Revenue Service. b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capital equipment and payments on the principal of loans. 1d. a. Notwithstanding sub. (5) (b) , if the individual is already receiving a child care subsidy under this section and the gross income of the individual's family exceeds 200 percent of the poverty line for a family the size of the individual's family, the individual's copayment amount under sub. (5) increases by $1 for every $3 by which the individual's family's gross income exceeds 200 percent of the poverty line for a family the size of the individual's family. b. Notwithstanding subd. 1d. a. , if the gross income of an individual's family exceeds 85 percent of the state median income for a family the size of the individual's family, the individual is not eligible to receive a child care subsidy under this section. 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623 , the child's biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3. 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3. 1m. If the individual was eligible under s. 49.132 (4) (a) , 1995 stats., for aid under s. 49.132 , 1995 stats., and received aid under s. 49.132 , 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6) , 1995 stats., the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200 percent of the poverty line for a family the size of the individual's family. 2. If the individual was eligible under s. 49.132 (4) (am) , 1995 stats., for aid under s. 49.132 , 1995 stats., and received aid under s. 49.132 , 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200 percent of the poverty line for a family the size of the individual's family. 3. If the individual was eligible for a child care subsidy under s. 49.191 (2) , 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, the gross income of the individual's family is at or below 200 percent of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200 percent of the poverty line for a family the size of the individual's family. (cm) The total liquid assets of the individual's family do not exceed $25,000. This paragraph does not apply if the individual is any of the following: 1. A foster parent of the child. 2. A subsidized guardian or interim caretaker of the child under s. 48.623 . 3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child. (cr) Except as provided under sub. (2m) , the individual's family meets all of the following asset restrictions: 1. The individual's family owns no more than one home, which is used as the individual's primary residence, and which is valued at no more than 200 percent of the statewide median value for homes. In calculating the value of a home under this subdivision, the value of any agricultural land owned by the individual's family shall be excluded. 2. The combined equity value of any vehicles, except those used for business purposes, owned by the individual's family is no more than $20,000. (d) The individual satisfies other eligibility criteria established by the department by rule.
(2) Eligibility based on the child's age. Notwithstanding sub. (1m) (intro.) and (a) (intro.) , an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual's eligibility.
(2m) Hardship exemption. The department may promulgate a rule that establishes a hardship exemption for the asset restrictions under sub. (1m) (cr) . If the individual qualifies for a hardship exemption under the department's rule, the asset restrictions under sub. (1m) (cr) do not apply to the individual.
(3) Child care local administration. Except as provided in sub. (3g) , a 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:

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.