DCF 1.05(2)(a)1.1. Subject to par. (c), a county department or the department shall determine a liable individual’s maximum monthly payment amount using information under par. (b) and the maximum monthly payment schedule issued by the department. The maximum monthly payment schedule indicates the maximum amount that the department determines a liable individual has the ability to pay toward fee liability per month based on gross monthly income and the number of individuals living in the family. DCF 1.05(2)(a)2.2. The department may collaborate with the department of health services to use a common maximum monthly payment schedule for this chapter and ch. DHS 1. DCF 1.05(2)(a)3.3. The maximum monthly payment schedule shall be updated annually based on the consumer price index for the midwest region issued by the U.S. department of labor. DCF 1.05(2)(b)(b) Financial circumstances. A county department or the department may determine the gross monthly income and number of individuals living in the liable individual’s family using any of the following: DCF 1.05(2)(b)1.1. A completed financial responsibility form, which gives due regard to the relationships and the present needs of the individual or of the lawful dependents, and documentation that verifies the information provided in the form. DCF 1.05(2)(b)2.2. Information in the county department’s or the department’s records about the liable individual and the individual’s family. DCF 1.05(2)(c)(c) Single maximum monthly payment amount. A county department or the department shall determine a single maximum monthly payment amount for a family who lives together and receives services for which a fee is charged under this chapter or this chapter and ch. DHS 1, regardless of the number of liable individuals in the family, the number of family members receiving services, the number of agencies providing services, or whether the fees were established under this chapter or ch. DHS 1. DCF 1.05(3)(3) When the maximum monthly payment amount is determined. DCF 1.05(3)(a)(a) Mandatory determination. Subject to sub. (8), a county department or the department shall determine a liable individual’s maximum monthly payment amount at all of the following times during the collection period: DCF 1.05(3)(a)1.1. When services begin or upon the county department or the department obtaining sufficient information on the individual’s financial circumstances under sub. (2) (b). DCF 1.05(3)(a)2.2. When the county department or the department receives notice that there has been a change in the financial circumstances of the liable individual or the individual’s family. DCF 1.05(3)(b)(b) Discretionary determination. A county department or the department may determine a liable individual’s maximum monthly payment amount at any of the following times during the collection period: DCF 1.05(4)(4) Optional short-cut method. A county department or the department may determine that a liable individual’s maximum monthly payment amount is $0 if the individual is receiving medical assistance, social security disability insurance, or supplemental security income. DCF 1.05(5)(5) Retroactive adjustment. Following a redetermination of a liable individual’s maximum monthly payment amount, the county department or the department may retroactively apply the new maximum monthly payment amount for up to 90 days prior to receipt of the updated financial information. DCF 1.05(6)(6) Disclosure. A county department or the department may release financial and service information to qualified staff within the county department or the department for billing and collection purposes. DCF 1.05(7)(a)(a) A county department or the department shall include all of the following in each billing statement issued under sub. (1) or (8): DCF 1.05(7)(a)1.1. An itemization of any services provided during the billing period, including the date the service was provided and the fee amount. DCF 1.05(7)(a)2.2. The date and amount of any payments received during the billing period. DCF 1.05(7)(a)3.3. The total outstanding liability as of the date of the statement. DCF 1.05(7)(b)(b) A county department or the department may do any of the following: DCF 1.05(7)(b)1.1. Require a monthly payment amount that is less than the maximum monthly payment amount. DCF 1.05(7)(b)2.2. Bill for the current monthly amount due and any unpaid amounts due in previous months. DCF 1.05(7)(b)3.3. Issue billing statements to any liable person who is not an individual as the county department or department determines appropriate. DCF 1.05 NoteNote: The use of the term “individual” in the monthly billing and the ability to pay provisions means that they do not apply to liable entities, such as surety companies and child-placing agencies.
DCF 1.05(8)(8) Noncompliance. A county department or the department shall issue monthly billing statements for a liable individual’s total outstanding liability if any of the following conditions are met: DCF 1.05(8)(a)(a) The individual is informed of the right to maximum monthly payment amounts based on the individual’s ability to pay and knowingly refuses to complete a financial responsibility form or to provide verifying documentation under sub. (2) (b) 1. DCF 1.05(8)(b)(b) The individual intentionally misrepresents any information provided in the financial responsibility form under sub. (2) (b) 1. DCF 1.05 NoteNote: The county department or the department may also refuse to grant a waiver under s. DCF 1.04 (3). DCF 1.05(9)(9) Other requirements. Each county department and the department shall do all of the following: DCF 1.05(9)(a)(a) Maintain documentation of compliance with this section. A county department shall provide the documentation to the department upon request. DCF 1.05(9)(b)(b) Establish a written procedure to periodically review accounts for accuracy and compliance with this chapter and follow the procedure established. DCF 1.05(9)(c)(c) Provide a written grievance procedure for disputes relating to liability, billing, and collections. DCF 1.05 HistoryHistory: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25. DCF 1.06(1)(1) Nonpursuit. A county department or the department may not engage in efforts to collect from a liable individual whose maximum monthly payment amount is $0. DCF 1.06(2)(a)(a) A county department or the department may consider an account to be delinquent if all of the following have occurred: DCF 1.06(2)(a)1.1. The monthly payment due has not been received for 90 consecutive days. DCF 1.06(2)(a)2.2. Notices stating that the monthly payment amount has not been received were sent to all liable persons after 30 days, 60 days, and 90 days of noncompliance. DCF 1.06(2)(b)(b) The county department or the department shall maintain documentation of notices sent under par. (a) 2. DCF 1.06(3)(3) Tax intercept. A county department or the department may certify a fee debt for setoff by the department of revenue under s. 71.93 or 71.935, Stats., if the liable person has been provided with reasonable notice and an opportunity to be heard with regard to the debt. DCF 1.06(4)(4) Collection agencies. A county department or the department may establish an agreement with a collection agency in compliance with s. 218.04, Stats., to collect a fee debt. The county department or the department shall monitor accounts sent to the collection agency. DCF 1.06(5)(a)(a) A county department or the department may collect a fee debt within the following timeframes: DCF 1.06(5)(b)(b) For purposes of par. (a) 1., the cause of action accrues in the month that the service is provided. DCF 1.06 NoteNote: Under s. DCF 1.04 (3) (b), a county department or the department may waive liability for all or part of fee debt for a reason specified in s. DCF 1.04 (3) (a) at any time. DCF 1.06 HistoryHistory: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25. DCF 1.07DCF 1.07 Child support determined in children’s or juvenile court. DCF 1.07(1)(1) Definition. In this section, “child” means any of the following: DCF 1.07(1)(b)(b) An individual who is 18 years of age or over but under 19 years of age and is a full−time student at a secondary school or its vocational or technical equivalent. DCF 1.07(2)(2) Determination of child support amount. The amount of a parent’s child support obligation under s. 49.345 (14) (b) or (c), Stats., for a child placed in a residential, nonmedical facility or a juvenile detention facility by a court order shall be determined under ch. DCF 150, subject to the following: DCF 1.07(2)(a)(a) Proportionate share. The court may determine the amount of a parent’s child support obligation for a child placed in a residential, nonmedical facility or juvenile detention facility by a court order in the following manner: DCF 1.07(2)(a)1.1. Count the child placed in a residential, nonmedical facility or juvenile detention facility; any full siblings who are also placed in a residential, nonmedical facility or juvenile detention facility; and full siblings who remain in the home as a single group of children who constitute one child support obligation. DCF 1.07(2)(a)2.2. Use the percentages in ch. DCF 150 to determine the child support obligation for the sibling group and then determine the proportionate share for the child who is placed in a residential, nonmedical facility or juvenile detention facility, in conjunction with other applicable provisions in ch. DCF 150. DCF 1.07(2)(b)(b) Adoption assistance. If an adoption assistance agreement under s. 48.975 (4), Stats., is in effect for the child, the parent’s child support amount is as follows: DCF 1.07(2)(b)1.1. An amount that does not exceed the amount of any adoption assistance maintenance payments the parent is receiving under s. 48.975 (3) (a), Stats. DCF 1.07(3)(3) Court deviation. Upon request by a parent, the court may deviate from the child support amount determined under sub. (2) if, after considering the factors specified in s. 49.345 (14) (c), the court finds by the greater weight of the credible evidence that the amount is unfair to the child or to either of the parents. DCF 1.07(4)(a)(a) An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2), Stats., for child support under s. 49.345 (14) (b) or (c), Stats., constitutes an assignment of all of the following to the county department in the county where the order was entered or to the department: DCF 1.07(4)(a)7.7. Any other money due or to be due to the parent in the future. DCF 1.07(4)(b)(b) Except as provided in par. (c), for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person’s necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. DCF 1.07(4)(c)(c) Unemployment insurance payments under ch. 108, Stats., may be assigned and withheld only as provided in s. 108.13 (4), Stats. When money is to be withheld from these payments, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money. DCF 1.07(4)(d)(d) No employer may use an assignment as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. Any violation is subject to penalties specified in s. 49.345 (14) (e) 4., Stats. DCF 1.07 HistoryHistory: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.
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