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that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s.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)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)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)(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)(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)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(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:
DCF 201.036(5)(a)
(a) The gross income of the assistance group exceeds 85 percent of the state median income for a household of the same size.
DCF 201.036(5)(c)
(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.
DCF 201.036(5)(d)
(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.
DCF 201.036(5)(e)
(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.
DCF 201.036 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), 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(1)(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:
DCF 201.037(1)(a)
(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:
DCF 201.037(1)(a)1.
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.
DCF 201.037(1)(a)2.
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.
DCF 201.037(1)(b)
(b) The parent is no longer employed or enrolled in an approved activity.
DCF 201.037(1)(c)
(c) The parent is taking a temporary break that is expected to be longer than a calendar month but not more than 3 months.
DCF 201.037(1)(d)
(d) The child has not been in attendance at child care by the authorized provider within the previous 20 calendar days.
DCF 201.037(1)(e)
(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.
DCF 201.037(1)(j)
(j) The address or place of residence of the assistance group changes, including a change that is only temporary.
DCF 201.037(1)(k)
(k) The child or the parent identified in the automation system for determining eligibility for the child care subsidy program moves out of the state.
DCF 201.037(2)
(2)
New provider. A parent shall notify the child care administrative agency of the parent's intent to change child care providers as specified under s.
DCF 201.039 (12).
DCF 201.037 History
History: CR 18-088: cr.
Register July 2019 No. 763, eff. 8-1-19.
DCF 201.038(1)(1)
Provider requirements. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions:
DCF 201.038(1)(a)
(a)
Regulated child care. The child care provider is any of the following:
DCF 201.038(1)(a)2.
2. `Certified.' A child care provider certified by a certification agency under s.
48.651, Stats., and ch.
DCF 202. For purposes of this paragraph, a child care administrative agency may consider a provider to be certified beginning on the date the provider's application for certification was received by the certification agency.
DCF 201.038(1)(a)4.
4. `Out-of-state provider.' A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
DCF 201.038(1)(b)
(b)
Quality rating system. The child care provider is any of the following:
DCF 201.038(1)(b)1.
1. A child care provider that is participating in the department's quality rating system under ss.
48.659 and
49.155 (6) (e), Stats., who has received a 2-star rating or above or whose quality rating is pending.
DCF 201.038(1)(b)2.
2. An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect.
DCF 201.038(1)(c)
(c)
Fingerprint background check. The provider is in compliance with the requirements in
s. 48.685 (2) (a), Stats.
DCF 201.038 Note
Note: Section 48.685 (2) (a), Stats., has been repealed.
DCF 201.038(1m)(a)(a)
A licensed child care provider shall submit the provider's full-time and part-time prices to the child care administrative agency
upon request.
DCF 201.038(1m)(b)
(b) Each provider that charges a registration fee shall submit the amount of the fee to the department.
DCF 201.038(2)
(2) Electronic fund transfer. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.
DCF 201.038(3)
(3) Parental choice. A parent may choose any child care provider that meets the conditions in sub.
(1).
DCF 201.038(4)
(4) Price and rate. A parent may choose a child care provider with a child care price that is higher than the applicable maximum rate and pay the difference between the provider's child care price and the applicable maximum rate under s.
DCF 201.06 in addition to any required copayment.
DCF 201.038(5)(a)
(a) A provider shall enter into a written payment agreement with each parent that receives a child care subsidy for child care by the provider.
DCF 201.038(5)(b)
(b) The written payment agreement between a provider and parent shall include all of the following:
DCF 201.038(5)(b)3.
3. Any discounts or scholarships that are available to parents, and any discounts or scholarships that the parent is receiving.
DCF 201.038(5)(b)6.
6. Payment expectations for the child's anticipated and unanticipated absences and the provider's closure dates.
DCF 201.038(5)(c)
(c) A provider shall retain a copy of each current written payment agreement at the location where child care is provided.
DCF 201.038(5)(d)
(d) A provider shall retain a copy of an expired written payment agreement for at least 3 years after the child's last day of attendance. The agreement shall be kept at a location where it can be made available to the department within 24 hours.
DCF 201.038 Note
Note: DCF-F-5224, Provider/Parent Child Care Payment Agreement, is a voluntary form that a provider may use to comply with this subsection.
DCF 201.038(6)
(6)
Nondiscrimination. A provider may not charge a parent that receives a child care subsidy a higher child care price than a private pay parent is charged for a similar amount of child care, unless the difference is due to the children being in different age ranges under s.
DCF 201.06 (1) (b) or a child's special needs under s.
DCF 201.06 (7).
