DCF 201.039 HistoryHistory: EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in numbering (13) (intro.) made under s. 13.92 (4) (b) 7., Stats., correction in (13) (a) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-088: r. and recr. (1), am. (2) (c), cr. (2g), (2r), r. and recr. (4) (title), renum. (4) to (4) (a) and am., cr. (4) (b), am. (5) (a), (7) (title), r. and recr. (7) (a) 5., am. (7) (a) 6. a., (10) (a), cr. (10m), am. (11) (a) (title), 1. (intro.), a., 2. (intro.), a., (b), (13) (a) (intro.), 1. a., b., c., 2. (intro.) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) 1. made under s. 35.17, Stats., Register July 2019 No. 763; correction in (1) (b) 2. made under s. 35.17, Stats., Register March 2020 No. 771; EmR2110: emerg. cr. (8m), eff. 3-28-21; CR 21-052: cr. (8m) Register December 2021 No. 792, eff. 1-1-22. DCF 201.04(1)(1) General. The child care subsidy in a parent’s account may only be used to compensate a provider that is in compliance with s. DCF 201.038 (1) for child care authorized under s. DCF 201.039 for the child of a parent eligible under s. 49.155 (1m), Stats., and provided within the terms of the provider’s regulation and the parent’s authorization. DCF 201.04(2)(2) Monthly subsidy payments for child care services. DCF 201.04(2)(a)(a) Amount. The amount of a monthly subsidy payment shall be based on the number of hours of child care that an agency authorizes and any of the following that are applicable: DCF 201.04(2)(ag)(ag) Decreases in the monthly subsidy amount during the 12-month eligibility period. During a parent’s 12-month eligibility period, the amount of a monthly subsidy payment may not be decreased, unless any of the following conditions are met: DCF 201.04(2)(ag)2.2. An assessment of the assistance group’s child care needs is required under s. DCF 201.039 (1) (c) and the child care administrative agency issues an authorization for fewer hours. DCF 201.04(2)(ar)(ar) Reduction in provider quality rating. The reduction of a parent’s child care subsidy payment following a reduction in the quality rating of the parent’s provider from a 3-star rating under s. 49.155 (6) (e) 3. c., Stats., to a 2-star rating under s. 49.155 (6) (e) 3. b., Stats., may not become effective until the parent’s next eligibility redetermination. DCF 201.04(2h)(a)(a) The department shall pay the lower of a provider’s registration fee for a child or the department’s maximum registration fee amount. DCF 201.04(2h)(b)(b) The department shall set a schedule for maximum registration fee amounts in Table DCF 201.04. Maximum fee amounts shall fully cover mandatory registration fees charged by at least 75 percent of providers who respond to the survey conducted under s. DCF 201.06 (2). DCF 201.04(2h)(c)(c) The department may adjust Table DCF 201.04 to reflect any of the following factors: DCF 201.04(2h)(c)2.2. Increased alignment with provider fee practices indicated in the survey under s. DCF 201.06 (2), including variation in fee amounts based on region of the state, children’s ages, or provider regulation type. DCF 201.04(2h)(c)5.5. A change in economic factors affecting the cost of child care to the state, such as an increase in demand for the child care subsidy program. DCF 201.04(2h)(c)6.6. Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy. DCF 201.04(2h)(d)(d) The department shall publish adjustments to the maximum registration fee schedule in the Wisconsin administrative register. DCF 201.04(2h)(e)(e) The department shall pay no more than 2 registration fees per child in any 12-month period. DCF 201.04(2r)(a)(a) Electronic. The department may issue all payments under subs. (2) and (2h) by electronic funds transfer. DCF 201.04(2r)(b)(b) Expiration. A subsidy payment issued to a parent under sub. (2) or (2h) shall expire 90 days after the date that the department issues the payment. DCF 201.04(2r)(c)(c) Billing and collecting. A parent’s child care provider is responsible for billing and collecting payment for child care services from the parent. DCF 201.04(3)(3) Inactive account. The department may terminate a parent’s authorization and retract all child care subsidy funds in the parent’s account if the parent has not paid any of the child care subsidy to the provider within the previous 90 days. DCF 201.04(4)(4) Intentional program violation. A child care administrative agency shall consider a parent’s attempt to sell access to the parent’s child care subsidy account to an unauthorized person to be an intentional program violation under s. 49.151 (2), Stats. DCF 201.04(5)(a)1.1. A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of payment under the child care subsidy program and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under the requirements of the child care subsidy program. Section DCF 101.23 shall apply to overpayment collection from a parent under this section. DCF 201.04(5)(a)2.2. An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care subsidy payment or ineligibility for the child care subsidy program due to any reason, including the following: DCF 201.04(5)(a)2.a.a. The parent failed to report a change in circumstances that may affect his or her eligibility within 10 days after the change. DCF 201.04(5)(a)3.3. The child care administrative agency shall determine good cause under subd. 2. b. if the approved activity is employment. A parent’s absence from employment shall be considered good cause if the parent is using employer-approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized. DCF 201.04(5)(b)(b) Provider overpayments. A child care administrative agency or the department shall take all reasonable steps necessary to recoup or recover from a provider any overpayments made for child care services for which the provider was responsible or overpayments caused by administrative error that benefited the provider. A provider shall be responsible for an overpayment if any of the following conditions are met: DCF 201.04(5)(b)2.2. A provider was paid with child care funds for care provided at a location other than the location for which the authorization for care was issued, except for field trips. DCF 201.04(5)(b)3.3. A provider was paid with child care funds for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6), 250.05 (4), 251.05 (4), or 252.42 (3). DCF 201.04(5)(b)4.4. A provider was paid with child care funds for care during time when the provider was in violation of the terms of the provider’s license under s. DCF 250.04 (1), 251.04 (1), or 252.05 (3), including age of the children served by the center and hours, days, and months of operation of the center. DCF 201.04(5)(b)5.5. A provider misrepresented information that resulted in the provider receiving a higher star rating and a higher maximum rate than the provider was eligible to receive under the child care quality rating system in ss. 48.659 and 49.155 (6) (e), Stats. DCF 201.04(5)(bm)(bm) Joint liability. A provider and parent shall be jointly and severally liable for an overpayment if the provider and parent collude to violate a requirement under this chapter or s. 49.155, Stats. DCF 201.04(5)(c)(c) Penalties for subsidy violations. If a child care provider submits false, misleading, or irregular information to a child care administrative agency or the department or if a child care provider fails to comply with the terms of the program in s. 49.155, Stats., or this chapter and the provider fails to provide to the satisfaction of the department an explanation for the noncompliance, the child care administrative agency or department may take one or more of the following steps: DCF 201.04(5)(c)1.1. Refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months. DCF 201.04(5)(c)3.3. Refuse to issue payments to the provider, in addition to the authority granted to the department under s. 49.155 (7) (b) 4., Stats. DCF 201.04 NoteNote: Section 49.155 (7) (b) 4., Stats., has been repealed. Corrections will be made in future rulemaking.
DCF 201.04(5)(cg)(cg) Forfeitures. A child care administrative agency or the department may impose a forfeiture of $100 to $10,000 on a child care provider if the provider intentionally or egregiously violates a provision in this chapter or s. 49.155, Stats. In determining the amount of the forfeiture, the child care administrative agency or department shall identify specific dates relating to a specific child for any violations and shall consider the following factors: DCF 201.04(5)(cr)(cr) Licensing or certification violations. If the department or a certification agency has given notice to a provider that the provider is in violation of applicable licensing or certification rules under ch. DCF 202, 250, 251, or 252 and the provider has not corrected the violation, the department or child care administrative agency may refuse to issue new child care authorizations, revoke existing child care authorizations, or refuse to issue payments until the provider has corrected the violation and demonstrated sufficient controls to ensure that the violation or comparable violations are unlikely to occur again. DCF 201.04(5)(d)(d) Notice. If the department or a child care administrative agency refuses to issue new authorizations, revokes existing authorizations, or refuses to issue payments to a provider under par. (c) or (cr), the child care administrative agency or the agency shall provide written notice to the parent and provider as soon as possible before the effective date of the penalty. DCF 201.04(5)(e)(e) Recoup from funds payable to continuing provider. If a provider has not repaid an overpayment, the child care administrative agency or department may recover the overpayment by recouping from current or future funds under its control that are payable to the provider of no more than 50 percent of each payment if the provider is expected to continue to care for children whose care is subsidized under s. 49.155, Stats. DCF 201.04(5)(ed)(ed) Recoupment from funds payable to provider who is not continuing. If a provider or former provider has not repaid an overpayment and the provider or former provider is not expected to continue to care for children whose care is subsidized under s. 49.155, Stats., the child care administrative agency or department may recover the overpayment by recouping 100 percent of funds under its control that are payable to the provider or former provider. DCF 201.04(5)(eh)1.a.a. If the department does not receive a debtor’s payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county. DCF 201.04(5)(eh)1.b.b. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information. DCF 201.04(5)(eh)1.c.c. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry. DCF 201.04(5)(eh)1.d.d. A warrant issued under subd. 2. b. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor’s right, title, and interest in all real and personal property located in the county in which the warrant is entered. DCF 201.04(5)(eh)1.e.e. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing. DCF 201.04(5)(eh)2.a.a. After the warrant is issued and no review or appeal rights under subd. 1. e. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats. DCF 201.04(5)(eh)2.b.b. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing. DCF 201.04(5)(eh)2.c.c. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn. DCF 201.04(5)(eh)3.3. ‘Satisfaction of the warrant.’ When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant. DCF 201.04(5)(ep)1.1. ‘Definition.’ In this paragraph, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions. DCF 201.04(5)(ep)2.a.a. If the department does not receive a debtor’s payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt. DCF 201.04(5)(ep)2.b.b. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt. DCF 201.04(5)(ep)2.c.c. The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy. DCF 201.04(5)(ep)2.d.d. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy. DCF 201.04(5)(ep)3.a.a. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor. DCF 201.04(5)(ep)3.b.b. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy. DCF 201.04(5)(ep)3.c.c. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.
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