State of Wisconsin
Department of Children and Families
Child Care Subsidy Eligibility Redetermination
s
DCF 201
The Wisconsin Department of Children and Families
orders the
amend
ment of
s.
DCF 201.04 (3) (b)
, relating to child care subsidy eligibility redeterminations.
This emergency rule w
as approved by the governor on September 20
, 2016
The statement of scope for this rule, SS
068-16
, was approved by the governor on July 28, 2016, published in
Register 728A2
, on August 8, 2016, and approved by Secretary Eloise Anderson on August 19, 2016.
Finding of Emergency
Effective September 30, 2016, the federal
Child Care and Development Block Grant Act of 2014
requires state child care subsidy programs
to allow
a family
to be
considered to meet all eligibility requirements
and to receive assistance
for not
less than 12 months before the s
tate
redetermines
the family’s eligibility.
Analysis Prepared by the Department of Children and Families
S
tatutes interpreted:
Section
49.155
, Stats.
Related statute
s:
NA
Explanation of Agency Authority
The department administers the child care subsidy program under s.
49.155
, Stats. Section
49.155 (1m)
,
Stats.,
specifies the eligibility criteria for the program, and s.
49.155 (1m) (d)
, Stats., allows the department to establish other eligibility criteria established by rule.
Section
49.155 (3) (e)
, Stats., provides that the department may require the county department or agency to review and
redetermine
the financial and nonfinancial eligibility of individuals receiving child care subsidies, at intervals or as otherwise required by the department.
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.
Summary of the
Emergency
Rule
Section
DCF 201.04 (3) (b)
provides that a child care administrative agency shall
redetermine
a parent’s need for service and eligibilit
y at least every 6 months. The
emergency
rule
changes
the minimum frequency of a redetermination of eligibility to at least every 12 months.
Summary of Factual Data and Analytical Methodologies
The
change is required under
a
federal law
that becomes effective on September 30, 2016
.
Summary of Related Federal Law
T
he
Child Care Development Fund (CCDF) is the primary f
ederal funding source
for programs that assist
low-income families
pay for child care while they
are working or participating i
n 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
Comparison to Adjacent States
All
states are required to comply
with federal Child Care Development Fund requirements.
Effect on Small Businesses
The rule
s
do not affect small businesses under
s.
227.114 (1)
, Stats.
Analysis Used to Determine Effect on Small Businesses
Most of the child care administrative agencies are counties or tribes. The only contracted nongovernmental agency affected is UMOS, and it is not a small business.
Agency Contacts
SECTION 1. DCF 201.04 (3) (b) is amended to read:
DCF 201.04 (3)
(b) At least every
6
12
months.
SECTION
2.
EFFECTIVE DATE.
This rule shall take effect on September 30, 2016, as
provided in s.
227.24 (1) (c)
, Stats.
