(1) The department is authorized to adopt rules governing the provision of day care as a part of child welfare services when the secretary determines that a need exists for such day care and that it is in the best interests of the child, the parents, or the custodial parent and in determining the need for such day care priority shall be given to geographical areas having the greatest need for such care and to members of low-income groups in the population. If the family is financially able to pay part or all of the costs of such care, fees shall be imposed and paid according to the financial ability of the family.
(2) This section does not affect the authority of the department of children, youth, and families to adopt rules governing child day care and early learning programs.