- Families that meet other criteria established by the State.
Comparison to Adjacent States
Minnesota
Minnesota enforces child support cooperation at a parent’s eligibility determination and redetermination. Termination due to fraud or intentional program violation may only occur if an administrative hearing or court finds that the parent wrongfully obtained or attempted to obtain assistance or if the parent enters into a consent agreement.
Michigan
Michigan has a 12-month eligibility period regardless of a change in the family’s need for child care. Copayments are lower if the child care provider has a higher quality of care rating. Michigan does not discontinue assistance for excessive unexplained absences. Termination for fraud or intentional program violation may only occur if an administrative hearing or court finds that the parent wrongfully obtained or attempted to obtain assistance or if the parent enters into a consent agreement.
Iowa
Iowa establishes eligibility periods of up to 18-months in the following situations:
- A family needs a child care subsidy to attend post-secondary education, and they will exhaust the 24-month limit on assistance for participation in post-secondary education within 6 months from the end of a 12-month certification period.
- A family includes a child who will turn 13 years old within 6 months from the end of a 12-month certification period.
Iowa does not terminate assistance for excessive unexplained absences and does not disqualify parents for intentional program violations.
Illinois
General statutory authority for a 12-month eligibility period was enacted on 8/17/18, and implementation details were not found on the agency website. Illinois does not disqualify parents for intentional program violations.
Effect on Small Businesses
The rules will affect small businesses, including child care providers that are small businesses as defined in s. 227.114 (1), Stats. The effect will be minimal. Analysis Used to Determine Effect on Small Businesses
The rules will have a positive effect on child care providers. Providers will receive a more stable income from families who receive a child care subsidy. There will be less fluctuation from month to month in the amount of the subsidy, and parents will have longer authorizations approving payment for a specific number of hours.
Agency Contact
Rose Prochazka, Chief
Wisconsin Shares Policy Section
(608) 422-6078
SECTION 1. DCF 102.01 is amended to read:
DCF 102.01 Authority and purpose. This chapter is adopted pursuant to s. ss. 49.145 (2) (f) and 49.155 (1m) (b) 1., Stats., for the purpose of administering the requirement that each parent in a Wisconsin works group cooperate with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, unless the parent has good cause for failing to cooperate. SECTION 2. DCF 102.02 (11) is amended to read:
DCF 102.02 (11) “Wisconsin works agency” or “W−2 agency” has the meaning given in s. DCF 101.03 (38) or, for the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as “child care administrative agency” under s. DCF 201.02 (3). SECTION 3. DCF 102.02 (11) (Note) is repealed.
SECTION 4. DCF 102.02 (12) is amended to read:
DCF 102.02 (12) “Wisconsin works group” or “W−2 group” has the meaning given in s. 49.141 (1) (s), Stats., or, for the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as “assistance group” under s. DCF 201.02 (1g). SECTION 5. DCF 102.02 (12) (Note) is repealed.
SECTION 6. DCF 102.10 (title) is repealed and recreated to read:
DCF 102.10 (title) Reviews and hearings.
SECTION 7. DCF 102.10 (4) is repealed.
SECTION 8. DCF 102.10 (5) is created to read:
DCF 102.10 (5) Notwithstanding subs. (1) and (2), an applicant or a participant in the child care subsidy program under s. 49.155, Stats., that receives a notice of eligibility denial or termination for failure to cooperate with the child support agency without good cause may request a fair hearing under s. DCF 201.065, ch. 227 Stats., and ch. HA 3. SECTION 9. DCF 201.02 (1g), (1r), (7m) and (Note), (9g), and (9r) are created to read:
DCF 201.02 (1g) “Assistance group” means the individuals in a household that are included in determining eligibility for the child care subsidy program.
(1r) “Authorization” means a record created by the child care administrative agency that authorizes payment under the child care subsidy program for a specific child, a specific child care provider, and a specific number of hours.
(7m) “Copayment” means an amount that is determined based on an assistance group’s gross income, size, number of children in child care, number of subsidized hours of child care, and federal poverty level and is deducted when determining the amount of a child care subsidy payment.
Note: If a provider’s price is higher than the department’s maximum rate, the parent’s share of payment will be the difference between the provider’s price and the subsidy payment, plus any other fees the provider charges.
(9g) “Employability plan” means a written agreement used in the Wisconsin works program that includes the activities that a Wisconsin works program participant will engage in during a specified time period.
(9r) “Employment plan” means a written agreement used in the food stamp employability and training program under s. 49.79 (9), Stats., that includes the activities that a program participant will engage in during a specified time period. SECTION 10. DCF 201.02 (10) and (Note) are repealed.
SECTION 11. DCF 201.02 (11) is created to read:
DCF 201.02 (11) “Federal poverty level” means the poverty guidelines that are established based on the number of individuals in a household and updated annually by the U.S. department of health and human services.
SECTION 12. DCF 201.02 (15) (Note) is repealed.
SECTION 13. DCF 201.02 (17) is repealed and recreated to read:
DCF 201.02 (17) “Parent” means a custodial parent, foster parent, kinship care relative, guardian, legal custodian, subsidized guardian or interim caretaker under s. 48.623, Stats., or a person acting in place of a parent. “Parent” also includes the spouse or nonmarital co-parent of a parent who resides in the same household as the parent. SECTION 14. DCF 201.02 (17) (Note) is repealed.
SECTION 15. DCF 201.02 (18) is repealed.
SECTION 16. DCF 201.02 (21) and (21m) are created to read:
DCF 201.02 (21) “Temporary break” means a parent’s time—limited absence from an approved activity due to illness, leave to care for family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an approved activity as long as the parent continues to be employed or enrolled in the approved activity and the absence does not exceed 3 months.
(21m) “12-month eligibility period” the period between the determination of parent’s eligibility and the following redetermination or between redeterminations of a parent’s eligibility.
SECTION 17. DCF 201.03 (title) is amended to read:
DCF 201.03 (title) Department of children and families powers and responsibilities.
SECTION 18. DCF 201.034 (2) (c) is amended to read:
DCF 201.034 (2) (c) Assessing a family’s an assistance group’s need for child care.
SECTION 19. DCF 201.036 (2) is amended to read:
DCF 201.036 (2) agency determination. A care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats., and this section. SECTION 20. DCF 201.036 (2e), (2m), and (2s) are created to read:
