Statement of Scope
Department of
Children and Families
Relating to:
Child Care Subsidy
Eligibility
Redetermination
Rule Type:
Emergency and Permanent
This statement of scope was approved by the governor on
July 28,
2016.
1. Finding/nature of emergency (
for
emergency rule
s
only)
Effective September 30, 2016, t
he Child Care Block Grant Act of 2014
requires states to
continue a family’s eligibility for the child care subsidy program for a minimum of 12 months before the
family’s
eligibility is redetermined.
An emergency rule is necessary to comply with this requirement of
federal
funding for the state’s child care subsidy program.
2
.
Detailed description of the objective of the rule
Section
DCF 201.04 (3) (b)
provides that a child care administrative agency shall redetermine
a
parent
’s
need for service and eligibility at least every 6 months. The emergency and proposed rules will change the
minimum
frequency of
a
redetermination of
parent
eligibility to at least every 12 months.
3. Detailed explanation of statutory authority for the rule
The department administers the child care subsidy program
under s.
49.155
, Stats.
Section
49.155 (1m)
, Stats., specifies the e
ligibility criteria
for the program,
and s.
49.155 (1m) (d)
, Stats., allows the department to establish other eligibility criteria established by rule.
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.
4
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
60
hours
5
.
List with description of all entities that
may
be affected by the rule
Child care administrative agencies and families who receive a child care subsidy under s.
49.155
, Stats.
6
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule
:
The Child Care Development Fund (CCDF) is the
primary federal funding source for programs that assist low-income families pay for child care while they are working or participating in education and training
. The CCDF
is authorized by t
he Child Care and Development Block Grant Act and Section 418 of the Social Security Act
. It was reauthorized by the Child Care and Development Block Grant Act of 2014 for the first time since 1996 and is now authorized through 2020.
The Child Care and Development Block Grant Act of 2014 makes
many
substantive program
changes
,
including a requirement
that
a state’s
plan
for
its child care subsidy program
allow
each child who receives assistance
to be
considered to meet all eligibility requirements
and
to
receive
assistance, for not
less than 12 months before the s
tate or desig
nated local entity redetermines
the eligibility of the child, regardless of a temporary change in the ongoing status of the child’s parent as working or attending a job training or educational program or a change in family income for the child’s family, if that family income does not exceed 85 percent
of the s
tate median income for a family of the same size.
42 USC 9858c
(c)(2)
(N)
(i)
; Section 658E (c)(2)(N)(i) of the Child Care Development Block Grant Act
7
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
None or minimal
Contact Person:
Rose Prochazka
, Chief
Shares Policy Section
(608) 422-6078
Eloise Anderson
Department h
ead
or a
uthorized
s
ignature
7/15/16
Date s
ubmitted
to Governor