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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) (5) Overpayment recovery and penalties.
DCF 201.04(5)(a) (a) Parent overpayments.
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)2.b. b. The parent was absent from an approved activity under s. 49.155 (1m) (a), Stats., without good cause, while the child was in the care of the provider.
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)2. 2. Revoke existing child care authorizations to the provider.
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 Note Note: Section 49.155 (7) (b) 4., Stats., has been repealed. Corrections will be made in future rulemaking.
DCF 201.04(5)(c)4. 4. Recoup overpayments under par. (e) or (ed).
DCF 201.04(5)(c)5. 5. Impose a forfeiture on the provider under par. (cg).
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)(cg)1. 1. Seriousness of the violations.
DCF 201.04(5)(cg)2. 2. Extent of the violations.
DCF 201.04(5)(cg)3. 3. History of prior violations.
DCF 201.04(5)(cg)4. 4. Prior imposition of penalties.
DCF 201.04(5)(cg)5. 5. Provider willingness to obey program rules.
DCF 201.04(5)(cg)6. 6. The size and type of child care provider.
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) (eh) Warrant and execution under section 49.195 (3m), Stats.
DCF 201.04(5)(eh)1.1. `Creation of lien.'
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. 2. `Execution of the warrant.'
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) (ep) Levy under section 49.195 (3n), Stats.
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. 2. `Notice prior to levy.'
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. 3. `Service of levy and review when property levied.'
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.
DCF 201.04(5)(ep)4. 4. `Third-party response.'
DCF 201.04(5)(ep)4.a.a. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.
DCF 201.04(5)(ep)4.b. b. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
DCF 201.04(5)(ep)5. 5. `Appeal rights before surrendered property is sold.' If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered 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, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.
DCF 201.04(5)(ep)6. 6. `Exemption rights.'
DCF 201.04(5)(ep)6.a.a. The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75 percent of the debtor's disposable earnings then due and owing, an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period, an amount equal to 60 times the federal minimum hourly wage for a two-week pay period, or an amount equal to 130 times the federal minimum hourly wage for a monthly pay period.
DCF 201.04(5)(ep)6.b. b. The first $1,000 of an account in a depository institution is exempt from any levy to recover an overpayment.
DCF 201.04(5)(ep)7. 7. `Proceeds.'
DCF 201.04(5)(ep)7.a.a. The department shall apply all money obtained under this paragraph first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.
DCF 201.04(5)(ep)7.b. b. Whenever the value of any personal property that has been levied upon under this paragraph is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.
DCF 201.04(5)(ep)7.c. c. The department may refund or credit any amount left after the applications under subd. 7. a., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.
DCF 201.04(5)(et) (et) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under par. (eh) or (ep) may be commenced is $300.
DCF 201.04(5)(f) (f) Parent not liable. If the department refuses to issue payment based on a provider's violation of a requirement in this chapter, the provider may not hold the parent liable for payment other than the copayment and any amount that the parent agreed to above the department's maximum reimbursement rate if the parent relied on an approved authorization for care for his or her child to receive care from the provider.
DCF 201.04(5)(g) (g) Waiver. The department may waive recovery of an overpayment under this subsection if the department has made reasonable efforts to recover the overpayment and determines it is no longer cost effective to continue overpayment recovery efforts.
DCF 201.04(6) (6) Monitoring of child care programs. The department or the child care administrative agency may take one or more of the following steps to monitor a provider's compliance with program requirements:
DCF 201.04(6)(a) (a) Require the provider to submit documentation signed by the parent of the actual times that the child was dropped off to and picked up from the child care provider.
DCF 201.04(6)(b) (b) Contact the parents to determine the child's actual attendance hours.
DCF 201.04(6)(c) (c) Require the provider to submit attendance and payment records for families that pay for child care costs out of their own personal funds.
DCF 201.04(6)(d) (d) Require the provider to have attendance records available at the child care site whenever the department or child care administrative agency requests to review them.
DCF 201.04(6)(e) (e) Make on-site inspections to monitor provision of authorized services.
DCF 201.04 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; cr. (1) (i), Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (intro.), (3) (a), 1., 2. and (b) 1., (4) (a), (b) 1. and a., r. (1) (a) to (i), (2), (3) (b) 3., 4. and (3) (d), r. and recr., (4) (e), cr. (7) (c) and (d), Register, November, 1999, No. 527, eff. 12-1-99; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. (1) and (4) (a), renum. (3), (4) (b) to (d), and (5) to (7) to be (1), (2) (a), (c) and (d), (3), (4) and (5) and am. (1) (a) (intro.) and 2., (b) (intro.) and (c), (2) (a) 1. c., (c) and (d), (4) and (5) (c) (intro.), also renum. (4) (e) to be DWD 56.045 and am., cr. (2) (b), (d) 1. b., (e) to (i), (5) (e), (f) and (6), r. and recr. (5) (c) 1. to 3., am. (5) (d) Register March 2003 No. 567, eff. 4-1-03; CR 04-123: cr. (2m), (5) (a) 2. and 3., am. (3), (5) (b), (e) and (f), renum. (5) (a) to be (5) (a) 1. and am., Register July 2005 No. 595, eff. 8-1-05; CR 06-044: (1) (b) 3. and 4. renum. from DWD 55.03 (2) (c) and (d), Register November 2006 No. 611, eff. 12-1-06; emerg. am. (1) (a) 1., (2) (a) 1. b. and (5) (c), r. and recr. (2) (d), eff. 4-1-07; corrections in (1) (a) 1., 2., (b) 2. and (5) (a) 1. made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (1) (a) 2., (2) (a) 1. b. and (c), renum. (2) (b), (d), (e) to (h) to be (2g) (d), (a), (e) to (h), cr. (2g) (title), (b) and (c), Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.), eff. 7-9-10; CR 10-086: am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.) Register December 2010 No. 660, eff. 1-1-11; EmR1216: emerg. cr. (2j), eff. 11-15-12; CR 12-048: cr. (2j) Register July 2013 No. 691, eff. 8-1-13; EmR1629: emerg. am. (3) (b), eff. 9-30-16; CR 16-063: r. and recr. (3) (b) Register June 2017 No. 738, eff. 7-1-17; EmR1709: emerg. r. and recr. (title), r. (1), r. and recr. (2), r. (2g) (title), (a), (d), (e), (g), am. (2g) (c) 1. (intro.), am. (h), r. (2j), (2m), (3), (4), (5) (title), (a) 1., 2. (intro.), (b) 1. to 4., r. (5) (b) 5., (6) (title), eff. 5-4-17; CR 17-033: r. and recr. (title), r. (1), r. and recr. (2), (2g) (title), r. (2g) (a) to (g), renum. (2g) (h) to (2g) and am., r. (2j), (2m), (3), (4), am. (5) (a) 1., 2. (intro.), 3., r. (5) (b) 1., am. (5) (b) 2. to 4., r. (5) (b) 5. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (3), (4), (5) (b) 5., eff. 3-11-18; CR 17-099: cr. (1), (3), (4), (5) (b) 5. Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (2) (ag), (ar), r. (2g) Register July 2019 No. 763, eff. 8-1-19.
DCF 201.044 DCF 201.044Incentive program for local fraud detection.
DCF 201.044(1)(1)Definition. In this section, “local agency" means a child care administrative agency, excluding an agency in a county having a population of 500,000 or more.
DCF 201.044(2) (2) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:
DCF 201.044(2)(a) (a) The local agency investigates the child care provider by doing any of the following:
DCF 201.044(2)(a)1. 1. Conducting site visits.
DCF 201.044(2)(a)2. 2. Collecting and reviewing the provider's attendance and billing records.
DCF 201.044(2)(a)3. 3. Interviewing persons of interest.
DCF 201.044(2)(a)4. 4. Gathering supporting case information.
DCF 201.044(2)(b) (b) The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.
DCF 201.044(2)(c) (c) The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions under par. (b).
DCF 201.044(2)(d) (d) The local agency's actions in pars. (a) to (c) result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.
DCF 201.044(2)(e) (e) The withholding of payments under par. (d) is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.