Chapter DCF 201

DCF 201.02(3)(c) (c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats.

DCF 201.02(4) (4) “Child care funds” means funding for child care purposes under s. 49.155, Stats., excluding s. 49.155 (1d) and (1g), Stats.

DCF 201.02(5) (5) “Child care price” means the amount a child care provider charges for child care services.

DCF 201.02(6) (6) “Child care provider” or “provider” means a provider licensed under s. 48.65, Stats.; certified under s. 48.651, Stats.; established or contracted for under s. 120.13 (14), Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.

DCF 201.02(6m) (6m) “Child care subsidy program” or “subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m), Stats., with child care expenses.

DCF 201.02(7g) (7g) “Complies with the payment schedule” as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.

DCF 201.02(7m) (7m) “Copayment” means an amount that is calculated by the department’s automation system based on s. DCF 201.08 (1) (a) and (2) (bm) that reduces the amount of a parent’s subsidy payment.

DCF 201.02 Note Note: See the definition of “parent’s share” in s. DCF 201.02 (17e).

DCF 201.02(7r) (7r) “Debtor” means a person who is responsible for an overpayment under s. DCF 201.04 (5) (b) or a person who is liable under s. 49.155 (7m) (b), Stats.

DCF 201.02(8) (8) “Department” means the Wisconsin department of children and families.

DCF 201.02(9) (9) “EBT card” means a card that allows a parent to electronically transfer the parent’s child care subsidy to the parent’s child care provider as payment for child care services.

DCF 201.02(9g) (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.

DCF 201.02(9r) (9r) “Employment plan” means a written agreement used in the food stamp employment 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.

DCF 201.02(11) (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.

DCF 201.02(12) (12) “Foster parent” means a person licensed under s. 48.62 (1), Stats., or licensed by a tribal social services agency as a tribal placement home.

DCF 201.02(13) (13) “Gross income” means the income used in determining financial eligibility under s. 49.155 (1m) (c), Stats.

DCF 201.02(13m) (13m) “Homeless” has the same meaning as “homeless children and youth” under 42 USC 11435 (2).

DCF 201.02 Note Note: This definition is included in Section 725 (2) of the McKinney-Vento Homeless Assistance Act.

DCF 201.02(14) (14) “In-home provider” means a person caring for a child in the child’s own home.

DCF 201.02(15) (15) “Kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person listed in this subsection, even if the marriage is terminated by death or divorce.

DCF 201.02(15m) (15m) “Maximum rate” means the maximum rate that the department will use in calculating the amount of a payment under the child care subsidy program.

DCF 201.02(16) (16) “Nonmarital coparent” has the meaning given in s. 49.141 (1) (i), Stats.

DCF 201.02 Note Note: Section 49.141 (1) (i), Stats., provides “‘Nonmarital coparent’ means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.”

DCF 201.02(16m) (16m) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).

DCF 201.02(17) (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 coparent of a parent who resides in the same household as the parent.

DCF 201.02(17e) (17e) “Parent’s share” means the out-of-pocket cost of child care that a parent is responsible for paying to the child care provider, including any amount charged by the provider that exceeds the amount of the parent’s subsidy payment.

DCF 201.02 Note Note: See the definition of “copayment” in s. DCF 201.02 (7m).

DCF 201.02(17m) (17m) “Personal identification number” means a confidential number that a parent uses with the parent’s EBT card or account number to electronically access the parent’s child care subsidy in a secure manner.

DCF 201.02(17s) (17s) “Physician assistant” has the same meaning as in s. 448.971 (2), Stats.

DCF 201.02(18m) (18m) “Private pay parent” means a parent that does not pay a provider for child care with funds from the child care subsidy program.

DCF 201.02(18p) (18p) “Registration fee” means a fee that a child care provider charges to enroll a child or to continue a child’s enrollment on an annual basis.

DCF 201.02(19) (19) “Slots” means the number of children within the capacity of a child care provider under the applicable law for that type of provider.

DCF 201.02(20) (20) “Special need” means an emotional, behavioral, physical, or personal need of a child requiring more than the usual amount of care and supervision for the child’s age, as documented by a physician, psychologist, special educator, or other qualified professional. A “special need” includes a developmental disability.

DCF 201.02(21) (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.

DCF 201.02(21m) (21m) “Twelve-month eligibility period” means the period between the initial determination of a parent’s eligibility and the following redetermination or between annual redeterminations of a parent’s eligibility.

DCF 201.02(22) (22) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.

DCF 201.02(24) (24) “Wisconsin works” or “W-2” has the meaning given in s. 49.141 (1) (p), Stats.

DCF 201.02 Note Note: Section 49.141 (1) (p), Stats., provides: “‘Wisconsin works’ means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.”

DCF 201.02(26) (26) “Wisconsin works employment position” has the meaning given in s. DCF 101.03 (39).

DCF 201.02 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (1), (8), (11), (13), (14), (15) and (16), am. (3), (4), (9), (10), and (17), cr. (15m), (16m), (20m), (23), and (24), Register, November, 1999, No. 527, eff. 12-1-99; renum. (12), (15m), (16m) and (20m) to be (11), (15), (16), and (20), cr. (12) and (25), r. (14), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. and recr. (3) and (15), am. (4), (11) to (13) and (21), renum. (7) and (20) to (25) to be (8) and (21) to (26), cr. (7), (14) and (20) Register March 2003 No. 567, eff. 4-1-03; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-123: r. (9) Register July 2005 No. 595, eff. 8-1-05; correction in (11) made under s. 13.92 (4) (b) 7. Stats., Register July 2008 No. 631; corrections in (8), (25) and (26) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. cr. (2m), am. (3) and (19), eff. 5-17-10; CR 10-056: cr. (2m), am. (3) and (19) Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. cr. (7g), (7r), eff. 7-9-10; CR 10-086: cr. (7g), (7r) Register December 2010 No. 660, eff. 1-1-11; CR 10-148: am. (12), r. (21) Register August 2011 No. 668, eff. 9-1-11; CR 14-030: cr. (6m) Register August 2015 No. 716, eff. 9-1-15; 2015 Wis. Act 132: am. (2m) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. (2), am. (3), r. and recr. (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), cr. (19m), r. (23), (25), eff. 5-4-17; CR 17-033: r. (2), r. and recr. (3), (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), r. (23), (25) Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (9), (17m), (18m), eff. 3-11-18; CR 17-099: cr. (1), (9), (17m), (18m) Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (1d), (1h), (1p), (1t), (7m), (9g), (9r), r. (10), cr. (11), (13m), r. and recr. (15), cr. (16m), r. and recr. (17), cr. (17e), (17s), r. (18), cr. (21), (21m), Register July 2019 No. 763, eff. 8-1-19; correction in (17s) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805; EmR2314: emerg. cr. (18p), eff. 10-1-23; CR 23-016: cr. (18p) Register January 2024 No. 817, eff. 2-1-24.

DCF 201.03 DCF 201.03 Department powers and responsibilities.

DCF 201.03(1) (1) General. The department shall maintain oversight responsibility of local administration of the child care subsidy program by child care administrative agencies.

DCF 201.03(2) (2) Rate determination. Notwithstanding s. 49.155 (6), Stats., and s. DCF 201.06, the department may determine maximum rates under s. 49.155 (6d) (a) 3., Stats.

DCF 201.03(3) (3) Assistance to child care administrative agencies. The department shall provide information and technical assistance to child care administrative agencies regarding administration of the child care subsidy program.

DCF 201.03(6) (6) Incentive program for local fraud detection. The department shall provide an incentive payment as specified under s. DCF 201.044 to a local agency for identifying fraud in the child care subsidy program.

DCF 201.03 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (4), am. (3), Register, November, 1999, No. 527, eff. 12-1-99; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; corrections in (title), (2), (5) (a) 1. and (b) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. am. (3), (5) (a) (intro.) and (b), eff. 5-17-10; CR 10-056: am. (3), (5) (a) (intro.) and (b) Register September 2010 No. 657, eff. 10-1-10; CR 14-030: cr. (6) Register August 2015 No. 716, eff. 9-1-15; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register August 2015 No. 716; EmR1709: emerg. r. and recr. (1), (2), am. (3), r. (5), am. (6), eff. 5-4-17; CR 17-033: r. and recr. (1), (2), am. (3), r. (5), am. (6) Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (title) Register July 2019 No. 763, eff. 8-1-19.

DCF 201.034 DCF 201.034 Child care administrative agencies.

DCF 201.034(1) (1) The department may contract with a child care administrative agency to administer, or to share in the administration of, the child care subsidy program in a particular county or geographical area.

DCF 201.034(2) (2) The duties of a child care administrative agency shall include all of the following:

DCF 201.034(2)(a) (a) Responding to requests for information on the child care subsidy program.

DCF 201.034(2)(b) (b) Ensuring that a parent’s eligibility for the subsidy program is accurately determined.

DCF 201.034(2)(c) (c) Assessing an assistance group’s child care needs.

DCF 201.034(2)(d) (d) Providing information to a parent about resources for identifying potential child care providers.

DCF 201.034(2)(e) (e) Determining a parent’s copayment amount.

DCF 201.034(2)(f) (f) Establishing an authorization for subsidized child care for an eligible parent.

DCF 201.034(2)(g) (g) Ensuring program integrity, including determining and processing overpayments.

DCF 201.034(2)(h) (h) Representing the agency in appeals under ch. 227, Stats.

DCF 201.034(3) (3) A child care administrative agency shall ensure that each new employee who performs an agency responsibility under sub. (2) (b), (c), (e), (f), or (g) completes the department’s initial training within the first 6 months of employment.

DCF 201.034(4) (4) A child care administrative agency may subcontract responsibilities with the approval of the department.

DCF 201.034 History History: EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (2) (c) Register July 2019 No. 763, eff. 8-1-19.

DCF 201.036 DCF 201.036 Eligibility.

DCF 201.036(1) (1) Request for assistance. Notwithstanding s. DCF 101.06 (2), a parent shall sign a request for assistance under the child care subsidy program.

DCF 201.036 Note Note: Section DCF 101.06 applies to applications for the Wisconsin Works program. Section 49.141 (1) (p), Stats., defines “Wisconsin Works” as “the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.” This rule clarifies that s. DCF 101.06 applies only to the time-limited program that provides temporary cash assistance and case management services to low-income parents and pregnant women and not to the child care subsidy program.

DCF 201.036(2) (2) Agency determination. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats., and this section.

DCF 201.036(2e) (2e) Exclusions from limit on liquid assets. Financial resources that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s. 49.155 (1m) (cm), Stats.

DCF 201.036(2m) (2m) Limits on the value of an assistance group’s home and vehicles.

DCF 201.036(2m)(a) (a) Hardship exemptions. A parent who first applies for the child care subsidy program on or after January 1, 2019, is subject to the asset limits under s. 49.155 (1m) (cr), Stats., unless any of the following conditions are met:

DCF 201.036(2m)(a)1. 1. The parent is the child’s foster parent.

DCF 201.036(2m)(a)2. 2. The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child was placed in the kinship care relative’s home under a court order.

DCF 201.036(2m)(a)3. 3. The parent is the child’s guardian or interim caretaker under s. 48.623, Stats.

DCF 201.036(2m)(a)4. 4. Ownership of an applicable asset is unclear to the child care administrative agency due to a recent death or change in the composition of the assistance group.

DCF 201.036(2m)(a)5. 5. The assistance group is homeless.

DCF 201.036(2m)(b) (b) Agricultural land and buildings excluded from value of home.

DCF 201.036(2m)(b)1. 1. In this paragraph, “agricultural land” includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.

DCF 201.036(2m)(b)2. 2. In calculating the value of a home owned by the assistance group under s. 49.155 (1m) (cr) 1., Stats., the child care administrative agency shall exclude the value of any agricultural land owned by a member of the assistance group.

DCF 201.036(2s) (2s) Address verification. Except when the parent is homeless or is registered with the address confidentiality program under s. 165.68, Stats., a parent shall submit verification of the parent’s place of residence to the child care administrative agency at the parent’s eligibility determination and redetermination.

DCF 201.036(3m) (3m) Self-employment.

DCF 201.036(3m)(a) (a) Requirement to file taxes. Regardless of the amount of a parent’s net income, a parent whose approved activity is self-employment shall file personal and business tax returns with the internal revenue service if the parent’s gross income from the previous year included income from self-employment.

DCF 201.036(3m)(b) (b) Income information to agency. Except as provided in par. (c) 1., a parent is eligible for the child care subsidy program when the parent’s approved activity is self-employment only if the parent submits copies of the parent’s most recent personal and business tax returns to the child care administrative agency with the parent’s initial request for assistance and at each annual eligibility redetermination.

DCF 201.036(3m)(c) (c) Self-employment income reports.

DCF 201.036(3m)(c)1. 1. Prior to a parent filing a business tax return with the internal revenue service, the parent shall submit documentation of the parent’s actual or anticipated business income and expenses to the child care administrative agency on a form prescribed by the department at the times specified in par. (b). This subdivision only applies prior to the parent’s first deadline for filing a business tax return under par. (a), including any extension granted by the internal revenue service.

DCF 201.036(3m)(c)2. 2. If a parent alleges that the business tax return required under par. (b) is not representative of the parent’s business income and expenses in the current tax year, the parent may submit documentation of business income and expenses subsequent to the information in the tax return on a form prescribed by the department, in addition to the tax returns required under par. (b). The child care administrative agency shall review the documentation and use the more recent information for eligibility and authorizations if it determines there has been a significant change in the parent’s business income and expenses.

DCF 201.036 Note Note: Form F-001007, Self-Employment Income Report, is available on the Department of Health Services website at https://www.dhs.wisconsin.gov/forms/f0/f00107.pdf.

DCF 201.036(3m)(d) (d) Additional verification.

DCF 201.036(3m)(d)1. 1. A child care administrative agency may require a parent to provide additional verification of the parent’s business income and expenses within 7 days if the agency believes the documentation provided under par. (b) or (c) is questionable or may be falsified.

DCF 201.036(3m)(d)2. 2. The child care administrative agency shall determine that the parent’s self-employment is not an approved activity if the parent does not submit the additional verification requested by the agency within 7 days or the information provided by the parent does not resolve the agency’s questions.

DCF 201.036(3m)(e) (e) Income threshold for ongoing business. A child care administrative agency shall determine that a parent’s self-employment is a hobby and not an approved activity if the parent does not have an annual net business income of at least $400 when the maximum numbers of hours in the parent’s authorization is determined under s. DCF 201.039 (8m) (b).

DCF 201.036(4) (4) Annual redetermination of eligibility. A child care administrative agency shall redetermine a parent’s eligibility in the 11th or 12th month following the initial determination of the parent’s eligibility or the most recent annual redetermination of the parent’s eligibility.

DCF 201.036(5) (5) Eligibility termination. During a parent’s 12-month eligibility period, the child care administrative agency shall terminate a parent’s eligibility if any of the following conditions are met: