Section 201.04. Policies for child care services through the voucher system.

 

(1)   Authorized providers.

(a) A child care administrative agency may authorize payment for child care services provided by any of the following child care providers:

1. Providers licensed by the department under ch. DCF 250 .

2. Providers certified by a certification agency under standards specified in s. DCF 202.08 or 202.09 . The child care administrative agency may authorize payment to providers who become certified from the date the certification application was received by the certification agency.

3. Programs established or contracted for by a school board under s. 120.13 (14) , Stats.

(b) A child care administrative agency may authorize payment for services from other than a child care provider under par. (a) only if at least one of the following conditions is met:

1. The care is an arrangement for parents in training, orientation or counseling programs and the child care is provided at the training, orientation or counseling site.

2. The care is a short-term arrangement when a child is ill and not able to receive care from a child care provider under s. DCF 201.02 (6) or the provider has an emergency due to illness or other circumstance.

3. The care permits a Wisconsin works applicant to participate in job search, training or orientation under s. 49.147 (2) (a) , Stats., prior to the development of an employability plan.

4. The care is for a food stamp employment and training program enrollee to attend a program activity prior to the development of an employability plan.

(c) A child care administrative agency may not authorize payment to a person legally responsible for a child under s. 49.90 , Stats., for child care services.

(e) A certified in-home care arrangement may be authorized by a child care administrative agency for reimbursement only in one of the following circumstances:

1. The child has a special need.

2. Licensed or certified care is not available during the times care is needed, such as during evening hours.

3. Care is provided to 3 or more children from the same family.

4. Licensed or certified care is not available within a reasonable geographic distance.

(2)  

(a)

1. A child care administrative agency shall provide vouchers to eligible parents, as follows:

a. A child care administrative agency shall offer a voucher to each eligible parent to the extent that funds are available.

b. A voucher shall be in writing and shall authorize a parent to obtain child care services stipulated in that voucher from a provider under sub. (1) .

c. The voucher shall set a maximum amount of authorized payment that is the lesser of the provider price and the county or tribal maximum rate, minus any co-payment that the parent is required to make.

2. Parents using vouchers for the payment of child care services may receive child care services from a provider whose child care price is higher than the county or tribal maximum rate and pay the difference between the provider's child care price and the county or tribal maximum rate in addition to any required parents' co-payment.

(c) If a child care administrative agency authorizes payment for child care services by means of a voucher issued to the parents or by contract with a provider, billing and collection of any parent co-payment requirement is the responsibility of the provider.

(i) The department may issue all payments by electronic funds transfer.

(2g)   Payment authorization.

(a) A child care administrative agency shall authorize payment to child care providers as follows:

1. For licensed group and family day care centers, the agency shall authorize payment based on authorized units of service, except in the following circumstances.

a. The agency may authorize payment to licensed providers based on units of service used by each child, up to the maximum number of authorized units, with the reimbursement rate increased by 10% to account for absent days, if the schedule of child care to be used is expected to vary widely.

b. The agency may authorize payment to licensed providers based on units of service used by each child, up to the maximum number of authorized units, if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.

2. For certified providers, the agency shall authorize payment for units of service used by each child, up to the maximum number of authorized units, except as provided in par. (h) .

(b)

1. Except as provided in subd. 2. , the child care administrative agency shall authorize no more than 12 hours of child care per day per child.

2. The child care administrative agency 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.

3. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or fewer because the child's parent does not provide the written documentation required under subd. 2. , the child care administrative agency shall provide to the child's parent who is receiving the subsidy under s. 49.155 , Stats., 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.

(c)

1. If reimbursement to a child care provider is based on weekly 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:

a. The department shall track a child's weekly usage of child care authorizations over a 6-week period.

b. If the child's weekly usage tracked under subd. 1. a. 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 any week of that 6-week period.

c. The department shall provide written notice of the adjustment under subd. 1. b. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable child care administrative agency.

d. The department shall provide a grace period of 2 weeks after the number of authorized hours are reduced under subd. 1. b. , 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.

2. The department shall exclude from a child's hourly usage calculation under subd. 1. b. , all of the following:

a. One week per year of vacation time for the child's provider.

b. One week per year of sick time for the child's provider.

c. Two weeks per year of vacation time for the child's parent who is receiving the subsidy under s. 49.155 , Stats., with the child.

d. Weeks for which the child care administrative agency approved payment to a provider to hold a slot during a parent's temporary break in employment under par. (h) .

(d) A child care administrative agency may authorize payment for child care services to a 2 parent family only if both parents are participating in an approved activity as defined in s. 49.155 (1m) (a) , Stats., or if one parent is participating in an approved activity and the other parent is unable to care for the child due to a disability or health condition as verified by a doctor, psychiatrist, or psychologist.

(e) The child care administrative agency may refuse to authorize payment for child care services to a licensed provider if the provider refuses to submit documentation of the provider's child care prices in response to an agency request.

(f) The child care administrative agency may refuse to authorize payment on a provider's attendance report that is submitted more than 3 months after the attendance report was issued.

(g) The child care administrative agency may limit the number of children that may be authorized to a certified or licensed family day care provider, who is not an in-home provider, for a particular time period, unless the provider can show that he or she will not exceed the applicable group size limitation.

(h) The child care administrative agency may authorize payment to a licensed or certified provider to hold a slot for a child if the parent has a temporary break in employment and intends to return to work and continue to use the child care provider upon return to work. The agency may authorize payment for no more than 6 weeks if the absence is due to a medical reason and is documented by a physician or for no more than 4 weeks if the absence is for other reasons. The department and child care administrative agency may not consider payment for a temporary absence to be an overpayment if the parent intended to return to work but does not actually return.

(2j)   Children of providers.

(a) No funds distributed under s. 49.155 (3m) (a) , Stats., may be used for any of the following:

1. Child care services provided for a child by a child care provider who is the parent of the child or who resides with the child.

2. If a child's parent is a child care provider, child care services provided for the child by another child care provider, unless the child's parent has applied for and been granted a waiver under pars. (b) and (c) .

(b)

1. A parent who is a child care provider may apply to the agency for a waiver of the prohibition in par. (a) 2. , requesting that funds distributed under s. 49.155 (3m) (a) , Stats., be used for child care services provided for the provider's child by another child care provider. No waiver of the prohibition in par. (a) 1. is permitted.

2. If a parent who is a child care provider requests child care assistance to do an activity in s. 49.155 (1m) (a) , Stats., other than an activity related to child care and the parent provides documentation of the need for child care services, the agency shall consider the documentation to be an application for a waiver of the prohibition in par. (a) 2.

(c) The department or agency may grant a waiver requested under par. (b) if any of the following apply:

1. The department or agency determines that assistance is appropriate because the child has a special need.

2. The parent is the child's foster parent.

3. The parent is the child's guardian or interim caretaker and is receiving subsidized guardianship payments under s. 48.623 , Stats., or s. 48.62 (5) , 2009 Stats., for the care and maintenance of the child.

4. The parent is the child's kinship care relative, the child has been placed with the relative under a court order, and the relative is receiving kinship care payments under s. 48.57 (3m) or (3n) , Stats., for the care and maintenance of the child.

5. Both of the following apply:

a. The child's biological parent is a dependent minor child under the age of 18 who attends high school or participates 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.

b. The dependent minor parent and the child reside with a person who is considered the child's parent for the purposes of this chapter and who may be the dependent minor parent's custodial parent, kinship care relative, foster parent, or guardian or interim caretaker receiving a payment under s. 48.623 , Stats., or s. 48.62 (5) , 2009 Stats., for the care and maintenance of the dependent minor parent.

6. The parent is requesting child care assistance to do an activity in s. 49.155 (1m) (a) , Stats., other than an activity related to child care.

(2m)   Reporting change in eligibility. A parent shall report any change in circumstances that may affect his or her eligibility to the child care administrative agency within 10 days after the change.

(3)   Eligibility redetermination. A child care administrative agency shall redetermine parent need for service and eligibility at all of the following times:

(a) In a timely manner following receipt of a parent's report of a change in circumstances affecting his or her eligibility.

(b) At least every 6 months.

(4)   Parental choice. Parents may choose the particular child care provider for their child, except that parents may use in-home day care only if one of the criteria under sub. (1) (e) is met.

(5)   Overpayment recovery and penalties.

(a) Parent overpayments.

1. A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of child care benefit and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under child care assistance program requirements, regardless of whether the overpayment was the result of administrative error, client error, or intentional program violation. Section DCF 101.23 shall apply to overpayment collection from a parent under this section.

2. An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care benefit or ineligibility for a child care benefit due to any reason, including the following:

a. The parent failed to report a change in circumstances that may affect his or her eligibility within 10 days after the change.

b. The parent was absent from an approved activity under s. 49.155 (1m) (a) , Stats., without good cause, while the child was in the care of the provider.

3. The child care worker shall determine good cause under subd. 2. b. if the approved activity is unsubsidized employment. A parent's absence from unsubsidized employment shall be considered good cause if the parent is using employer-approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized.

(b) Provider overpayments. A child care administrative agency or the department shall take all reasonable steps necessary to recoup or recover from a provider any overpayments made for child care services for which the provider was responsible or overpayments caused by administrative error that benefited the provider. A provider shall be responsible for an overpayment if any of the following conditions are met:

1. A provider received reimbursement based on attendance records that indicate more hours than a child actually attended. If attended hours were misrepresented by the provider, the provider is responsible for an overpayment of the difference between the reimbursed hours and the actual hours of attendance regardless of the type of authorization under s. DCF 201.04 (2g) (a) .

2. A provider received reimbursement for care provided at a location other than the location for which the authorization for care was issued, except for field trips.

3. A provider received reimbursement made for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6) , 250.05 (4) , 251.05 (4) , or 252.42 (3) .

4. A provider received reimbursement for care during time when the provider was in violation of the terms of the provider's license under s. DCF 250.04 (1) , 251.04 (1) , or 252.05 (3) , including age of the children served by the center and hours, days, and months of operation of the center.

5. A provider benefited by receiving more child care reimbursement than otherwise would have been paid on the family's behalf under child care assistance program requirements, the parent is not responsible for the overpayment under par. (a) , and the reimbursement did not benefit the parent by causing the parent to pay less for child care expenses than the family otherwise would have been required to pay under child care assistance program requirements.

(bm) Joint liability . A provider and parent shall be jointly and severally liable for an overpayment if the provider and parent collude to violate a requirement under this chapter or s. 49.155 , Stats.

(c) Penalties for subsidy violations . If a child care provider submits false, misleading, or irregular information to a child care administrative agency or the department or if a child care provider fails to comply with the terms of the program in s. 49.155 , Stats., or this chapter and the provider fails to provide to the satisfaction of the department an explanation for the noncompliance, the child care administrative agency or department may take one or more of the following steps:

1. Refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months.

2. Revoke existing child care authorizations to the provider.

3. Refuse to issue payments to the provider, in addition to the authority granted to the department under s. 49.155 (7) (b) 4. , Stats.

4. Recoup overpayments under par. (e) or (ed) .

5. Impose a forfeiture on the provider under par. (cg) .

(cg) Forfeitures . A child care administrative agency or the department may impose a forfeiture of $100 to $10,000 on a child care provider if the provider intentionally or egregiously violates a provision in this chapter or s. 49.155 , Stats. In determining the amount of the forfeiture, the child care administrative agency or department shall identify specific dates relating to a specific child for any violations and shall consider the following factors:

1. Seriousness of the violations.

2. Extent of the violations.

3. History of prior violations.

4. Prior imposition of penalties.

5. Provider willingness to obey program rules.

6. The size and type of child care provider.

(cr) Licensing or certification violations. If the department or a certification agency has given notice to a provider that the provider is in violation of applicable licensing or certification rules under ch. DCF 202 , 250 , 251 , or 252 and the provider has not corrected the violation, the department or child care administrative agency may refuse to issue new child care authorizations, revoke existing child care authorizations, or refuse to issue payments until the provider has corrected the violation and demonstrated sufficient controls to ensure that the violation or comparable violations are unlikely to occur again.

(d) Notice. If the department or a child care administrative agency refuses to issue new authorizations, revokes existing authorizations, or refuses to issue payments to a provider under par. (c) or (cr) , the child care administrative agency or the agency shall provide written notice to the parent and provider as soon as possible before the effective date of the penalty.

(e) Recoup from funds payable to continuing provider. If a provider has not repaid an overpayment, the child care administrative agency or department may recover the overpayment by recouping from current or future funds under its control that are payable to the provider of no more than 50 percent of each payment if the provider is expected to continue to care for children whose care is subsidized under s. 49.155 , Stats.

(ed) Recoupment from funds payable to provider who is not continuing . If a provider or former provider has not repaid an overpayment and the provider or former provider is not expected to continue to care for children whose care is subsidized under s. 49.155 , Stats., the child care administrative agency or department may recover the overpayment by recouping 100 percent of funds under its control that are payable to the provider or former provider.

(eh) Warrant and execution under section 49.195 (3m), Stats.

1. `Creation of lien.'

a. If the department does not receive a debtor's payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.

b. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.

c. The department shall pay the fees required under s. 814.61 (5) , Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.

d. A warrant issued under subd. 2. b. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor's right, title, and interest in all real and personal property located in the county in which the warrant is entered.

e. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227 , Stats. , when a warrant has been issued. The debtor may request a hearing under ch. 227 , Stats. , within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing.

2. `Execution of the warrant.'

a. After the warrant is issued and no review or appeal rights under subd. 1. e. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20 , Stats.

b. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227 , Stats. , before property is seized. The debtor may request a hearing under ch. 227 , Stats. , within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing.

c. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227 , Stats. , before seized property is sold. The debtor may request a hearing under ch. 227 , Stats. , within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

3. `Satisfaction of the warrant.' When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.

(ep) Levy under section 49.195 (3n), Stats .

1. `Definition.' In this paragraph, "personal property" means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions.

2. `Notice prior to levy.'

a. If the department does not receive a debtor's payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.

b. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.

c. The debtor's refusal or failure to accept or receive the notice does not prevent the department from making the levy.

d. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

3. `Service of levy and review when property levied.'

a. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.

b. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m) , Stats. The debtor or 3rd party's failure to accept or receive service of the levy does not invalidate the levy.

c. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227 , Stats. , within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.

4. `Third-party response.'

a. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.

b. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

5. `Appeal rights before surrendered property is sold.' If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227 , Stats. , before surrendered property is sold. The debtor may request a hearing under ch. 227 , Stats. , within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

6. `Exemption rights.'

a. The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75 percent of the debtor's disposable earnings then due and owing, an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period, an amount equal to 60 times the federal minimum hourly wage for a two-week pay period, or an amount equal to 130 times the federal minimum hourly wage for a monthly pay period.

b. The first $1,000 of an account in a depository institution is exempt from any levy to recover an overpayment.

7. `Proceeds.'

a. The department shall apply all money obtained under this paragraph first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.

b. Whenever the value of any personal property that has been levied upon under this paragraph is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.

c. The department may refund or credit any amount left after the applications under subd. 7. a. , upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.

(et) Threshold for warrant and execution and levy . The minimum amount that must be due before collection proceedings under par. (eh) or (ep) may be commenced is $300.

(f) Parent not liable. If the department refuses to issue payment based on a provider's violation of a requirement in this chapter, the provider may not hold the parent liable for payment other than the copayment and any amount that the parent agreed to above the department's maximum reimbursement rate if the parent relied on an approved authorization for care for his or her child to receive care from the provider.

(g) Waiver . The department may waive recovery of an overpayment under this subsection if the department has made reasonable efforts to recover the overpayment and determines it is no longer cost effective to continue overpayment recovery efforts.

(6)   Monitoring of child care programs. The department or the child care administrative agency may take one or more of the following steps to monitor a provider's compliance with program requirements:

(a) Require the provider to submit documentation signed by the parent of the actual times that the child was dropped off to and picked up from the child care provider.

(b) Contact the parents to determine the child's actual attendance hours.

(c) Require the provider to submit attendance and payment records for families that pay for child care costs out of their own personal funds.

(d) Require the provider to have attendance records available at the child care site whenever the department or child care administrative agency requests to review them.

(e) Make on-site inspections to monitor provision of authorized services.

Cr. Register, February, 1997, No. 494 , eff. 3-1-97; cr. (1) (i), Register, October, 1997, No. 502 , eff. 11-1-97; am. (1) (intro.), (3) (a), 1., 2. and (b) 1., (4) (a), (b) 1. and a., r. (1) (a) to (i), (2), (3) (b) 3., 4. and (3) (d), r. and recr., (4) (e), cr. (7) (c) and (d), Register, November, 1999, No. 527 , eff. 12-1-99; am. (1), Register, January, 2001, No. 541 , eff. 2-1-01; CR 02-104 : r. (1) and (4) (a), renum. (3), (4) (b) to (d), and (5) to (7) to be (1), (2) (a), (c) and (d), (3), (4) and (5) and am. (1) (a) (intro.) and 2., (b) (intro.) and (c), (2) (a) 1. c., (c) and (d), (4) and (5) (c) (intro.), also renum. (4) (e) to be DWD 56.045 and am., cr. (2) (b), (d) 1. b., (e) to (i), (5) (e), (f) and (6), r. and recr. (5) (c) 1. to 3., am. (5) (d) Register March 2003 No. 567 , eff. 4-1-03; CR 04-123 : cr. (2m), (5) (a) 2. and 3., am. (3), (5) (b), (e) and (f), renum. (5) (a) to be (5) (a) 1. and am., Register July 2005 No. 595 , eff. 8-1-05; CR 06-044 : (1) (b) 3. and 4. renum. from DWD 55.03 (2) (c) and (d), Register November 2006 No. 611 , eff. 12-1-06; emerg. am. (1) (a) 1., (2) (a) 1. b. and (5) (c), r. and recr. (2) (d), eff. 4-1-07; corrections in (1) (a) 1., 2., (b) 2. and (5) (a) 1. made under s. 13.92 (4) (b) 6. and 7. , Stats., Register November 2008 No. 635 ; EmR1015 : emerg. revisions as in CR 10-056 , eff. 5-17-10; CR 10-056 : am. (1) (a) 2., (2) (a) 1. b. and (c), renum. (2) (b), (d), (e) to (h) to be (2g) (d), (a), (e) to (h), cr. (2g) (title), (b) and (c), Register September 2010 No. 657 , eff. 10-1-10; EmR1027 : emerg. am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.), eff. 7-9-10; CR 10-086 : am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.) Register December 2010 No. 660 , eff. 1-1-11; EmR1216 : emerg. cr. (2j), eff. 11-15-12; CR 12-048 : cr. (2j) Register July 2013 No. 691 , eff. 8-1-13.

Note

Funds distributed under s. 49.155 (3m) (a) , Stats., include funds used to reimburse child care providers; funds distributed to county departments and tribal governing bodies for child care services under s. 49.155 , Stats.; funds distributed to private nonprofit agencies that provide child care for children of migrant workers; and funds used to reimburse W-2 agencies for child care that the agencies provide to the children of W-2 participants and applicants. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. DCF 201.02 (20) . Microsoft Windows NT 6.1.7601 Service Pack 1 Section DCF 58.04 (1) provides that if a relative applies for kinship care payments for a child who was placed in the relative's home under a court order, the relative shall apply for a license to operate a foster home under ch. DCF 56 . Under s. DCF 58.065 (1) and (2) , the relative may be eligible to receive kinship care payments pending the decision on the foster care application. If the relative's application to operate a foster home is denied or the relative is otherwise determined to be ineligible for licensure, the relative may be eligible to continue to receive kinship care payments if a court orders the child to remain in the kinship care relative's home under s. DCF 58.065 (3) or the court or panel approved continuation of the placement under s. DCF 58.066 (2) . Many individuals who are ineligible for a foster care license would also be ineligible to be a child care provider, but the determination is made on a case-by-case basis. Microsoft Windows NT 6.1.7601 Service Pack 1