Section 201.06. Establishing county and tribal child care rates.

 

(1)   Establishment of maximum rates.

(a) Responsibility.

1. Except as provided in subd. 1m. , 1r. , or 2. , a child care administrative agency shall annually set child care rates in accordance with the policies and procedures set out in this section unless the department sets maximum rates for a multicounty area which includes the particular county or tribal area.

1m. Notwithstanding subd. 1. , the department shall set child care rates for the year beginning January 1, 2007, to be the same as the rates in effect on December 31, 2006.

1r. Notwithstanding subd. 1. , the department shall set child care rates for the years 2008 and 2009 to be the same as the rates in effect on December 31, 2006.

2. A tribal agency may use the maximum rates established by a neighboring county rather than establish its own rates.

(b) Survey. The child care administrative agency, except a tribal agency acting under par. (a) 2. , shall annually contact all licensed group day care centers and licensed family day care centers in the county or tribal area to determine the child care prices they charge to the general community, except if the department arranges for a survey independent of the child care administrative agency. The child care prices shall be submitted in writing to be included in the survey.

(c) Group. The child care administrative agency shall set separate maximum rates for the following groups of children:

1. Infants and toddlers under 2 years of age.

2. Children age 2 to 3 years.

3. Children age 4 to 5 years.

4. Children age 6 to 13 years.

(d) Types of care. To the extent permitted by federal statutes and regulations, the rates for each group under par. (c) shall be set separately for each of the following types of care:

1. Licensed group day care centers.

2. Licensed family day care centers.

3. Level I (regular) certified family day care providers who are not in-home providers.

4. Level II (provisional) certified family day care providers who are not in-home providers.

5. Certified in-home providers.

(2)   Maximum rates.

(a) Licensed group day care centers. In setting maximum rates for licensed group day care centers, the child care administrative agency shall comply with the following:

1. Maximum rates shall be set so that at least 75% of the group day care center slots in the county or tribal area may be purchased at or below the maximum rate. The number of slots attributed to a center shall be equal to the center's licensed capacity.

2. In determining whether 75% of the day care slots can be purchased at or below the maximum rate, the child care administrative agency may exclude day care centers that operate less than 5 days a week or 5 hours a day, receive funding from a county department established under s. 51.42 or 51.437 , Stats., do not have a set full-time, weekly child care price, or at which more than 75% of the children's care is subsidized under s. s. 49.155 , Stats., excluding s. 49.155 (1d) and (1g) , Stats.

3. Reduced maximum rates may not be set for siblings.

(b) Licensed family day care centers. In setting maximum rates for licensed family day care centers, the child care administrative agency shall comply with the following:

1. Maximum rates shall be set so that at least 75% of the family day care center slots in the county or tribal area may be purchased at or below the maximum rates. The number of slots attributed to a center shall be equal to the center's licensed capacity. In determining whether 75% of the day care slots can be purchased at or below the maximum rate, the child care administrative agency may exclude day care centers that operate less than 5 days a week or 5 hours a day, receive funding from a county department established under s. 51.42 or 51.437 , Stats., do not have a set full-time, weekly child care price, or at which more than 75% of the children's care is subsidized under s. 49.155 , Stats., excluding s. 49.155 (1d) and (1g) , Stats.

2. Reduced maximum rates may not be set for siblings.

(c) Certified family day care. To the extent permitted by federal statutes and regulations, maximum rates for certified family day care shall comply with s. 49.155 (6) (b) and (c) , Stats.

(d) In-home day care. For in-home care, the child care administrative agency shall establish the maximum rate at the level of no less than the state minimum wage established under ch. 104 , Stats. , and ch. DWD 272 . The child care administrative agency may authorize payment to the child care provider at the local reimbursement rate for the type of care provided multiplied by the number of children in care if this rate exceeds the minimum wage.

(e) Other day care providers. For a day care program established or contracted for by a school board or for a certified school-age day care program, the child care administrative agency shall establish maximum rates in accordance with par. (a) .

(3)   Higher rates.

(a) Special need child. A rate higher than the maximum allowed under subs. (1) and (2) may be set on a case-by-case basis for child care for a child with a special need.

(4)   Special rates. A child care administrative agency may set maximum reimbursement rates that are different from the rates allowed under subs. (1) and (2) for child care provided for less than a 2-week period, provided sporadically or provided for care of an ill child through negotiations with the child care provider.

Cr. Register, February, 1997, No. 494 , eff. 3-1-97; am. (1) (a) 1. and (2) (c), Register, November, 1999, No. 527 , eff. 12-1-99; corrections in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541 ; CR 02-104 : am. (1) (b), (c) 2., (2) (a) 2., (b) 1. and (d), cr. (1) (c) 3. and 4., Register March 2003 No. 567 , eff. 4-1-03; emerg. am. (1) (a) 1., cr. (1) (a) 1m. eff. 1-22-07; CR 07-030 : am. (1) (a) 1., cr. (1) (a) 1m. Register October 2007 No. 622 , eff. 11-1-07; emerg. am. (1) (a) 1., cr. (1) (a) 1r., eff. 1-1-08; CR 08-009 : am. (1) (a) 1., cr. (1) (a) 1r. Register July 2008 No. 631 , eff. 8-1-08; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 ; EmR1015 : emerg. revisions as in CR 10-056 , eff. 5-17-10; CR 10-056 : am. (title), (1) (b), (c) (intro.), (2) (a) (intro.), 2., (b) (intro.), 1., (d), (e) and (4) Register September 2010 No. 657 , eff. 10-1-10; 2015 Wis. Act 132 : r. (3) (b) Register February 2016 No. 722 , eff. 3-1-16.