Wisconsin Legislature: DCF 201.034(2)(b)

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

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.”

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

(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.

(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.

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

(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.

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

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

(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.

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

(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.

(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) “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.

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

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

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.”

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

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 Department powers and responsibilities.

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

(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.

(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.

(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.

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 Child care administrative agencies.

(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.

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

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

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

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

(e) Determining a parent’s copayment amount.

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

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

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

(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.

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

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 Eligibility.

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

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.

(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.

(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.

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

(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:

1. The parent is the child’s foster parent.

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.

3. The parent is the child’s guardian or interim caretaker under s. 48.623, Stats.

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.

5. The assistance group is homeless.

(b) Agricultural land and buildings excluded from value of home.

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.

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.

(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.

(3m) Self-employment.

(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.

(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.

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.

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.

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.

(d) Additional verification.

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.

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.

(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).

(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.

(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:

(a) The gross income of the assistance group exceeds 85 percent of the state median income for a household of the same size.

(b) All of the following conditions are met:

1. The parent is not participating in an approved activity.

2. The parent is not taking a temporary break from an approved activity.

3. The parent is not in an approved activity search period.

(c) The child care administrative agency or the department determines that the parent committed an intentional program violation that invalidates a prior determination of the parent’s eligibility.

(d) The parent is required to 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 under s. 49.145 (2) (f), Stats., and has failed to cooperate with these requirements without good cause under ch. DCF 102.

(e) The child or the parent identified in the automation system used in determining eligibility for the child care subsidy program moves out of the state.

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), cr. (2e), (2m), (2s), r. (3), r. and recr. (4), cr. (5) Register July 2019 No. 763, eff. 8-1-19; EmR2110: emerg. cr. (3m), eff. 3-28-21; CR 21-052: cr. (3m) Register December 2021 No. 792, eff. 1-1-22.

DCF 201.037 Reporting requirements.

(1) Report within 10 days. A parent shall notify the child care administrative agency within 10 calendar days after the date of any of the following:

(a) The assistance group receives the first payment that includes an increase in the gross income of the assistance group if any of the following conditions are met:

1. The gross income of the assistance group is at or below 185 percent of the federal poverty level, and the assistance group’s gross income increases by $250 or more per month.

2. The gross income of the assistance group exceeded 185 percent of the federal poverty level at the parent’s last eligibility redetermination and exceeds a dollar amount that will increase the assistance group’s gross income above the next 5 percent increment of the federal poverty level.

(b) The parent is no longer employed or enrolled in an approved activity.

(c) The parent is taking a temporary break that is expected to be longer than a calendar month but not more than 3 months.

(d) The child has not been in attendance at child care by the authorized provider within the previous 20 calendar days.

(e) The number of days or hours that the assistance group needs child care has changed from what was previously provided to the child care administrative agency.

(f) The parent is participating in a different approved activity.

(g) The child care provider charges the parent a reduced price.

(h) A member of the assistance group gets married or divorced.