Wisconsin Legislature: DCF 201.065(1)(a)3.

4. Children ages 6 to 13 years.

(c) Types of providers. Within each county and within each age group, the department shall set maximum rates for child care services by each of the following types of providers:

1. Group child care centers licensed under s. 48.65, Stats., and ch. DCF 251 and day camps licensed under s. 48.65, Stats., and ch. DCF 252.

2. Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250.

3. Level I regular certified child care providers under s. 48.651 (1) (a), Stats., and ch. DCF 202.

4. Level II provisional certified child care providers under s. 48.651 (1) (b), Stats., and ch. DCF 202.

(2) Survey of licensed centers and day camps.

(a) The department shall annually contact all licensed group child care centers, family child care centers, and day camps to obtain their child care prices and registration fee amounts.

(b) The department shall include only child care prices and registration fee amounts submitted in writing in the survey results.

(3) Maximum rates for licensed centers and day camps.

(a) Licensed group child care centers and day camps. The department shall set maximum rates so that at least 75 percent of the slots in a county at group child care centers licensed under ch. DCF 251 and day camps licensed under ch. DCF 252 may be purchased at or below the maximum rate. The number of slots attributed to a group child care center or day camp shall be equal to the licensed capacity.

(b) Licensed family child care centers. The department shall set maximum rates so that at least 75 percent of the slots in a county at family child care centers licensed under ch. DCF 250 may be purchased at or below the maximum rate. The number of slots attributed to a family child care center shall be equal to the center’s licensed capacity.

(c) Exclusions. In determining maximum rates for licensed group child care centers, licensed family child care centers, and licensed day camps under pars. (a) and (b), the department may exclude the child care prices of a group child care center, family child care center, or day camp at which any of the following apply:

1. The center or day camp operates less than 5 days a week or 5 hours a day.

2. The center or day camp has not established full-time weekly or full-time monthly child care prices.

3. The department issues child care subsidy payments for the care of more than 75 percent of the children attending the center or day camp.

(d) Sibling rates. The department may not establish reduced maximum rates for siblings.

(4) Rates for certified child care providers. The department shall set rates for certified child care providers under s. 49.155 (6) (b) and (c), Stats., as follows:

(c) Rates for Level I regular certified providers under s. 48.651 (1) (a), Stats., may not exceed 75 percent of the rates established under sub. (3) (b).

(d) Rates for Level II provisional certified providers under s. 48.651 (1) (b), Stats., may not exceed 50 percent of the rates established under sub. (3) (b).

(5) Rates for school board programs. The rates for care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., shall be the same as the applicable rate for a licensed group child care center under sub. (3) (a).

(6) Rates for out-of-state providers. The maximum rate for an out-of-state provider shall be the applicable maximum rate in the county in which the parent resides or the out-of-state provider’s actual rate, whichever is lower.

(7) Special need. On a case-by-case basis, a child care administrative agency may set a rate higher than the rate established under this section for the care of a child with a special need.

History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. (1) (a) 1. and (2) (c), Register, November, 1999, No. 527, eff. 12-1-99; corrections in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 02-104: am. (1) (b), (c) 2., (2) (a) 2., (b) 1. and (d), cr. (1) (c) 3. and 4., Register March 2003 No. 567, eff. 4-1-03; emerg. am. (1) (a) 1., cr. (1) (a) 1m. eff. 1-22-07; CR 07-030: am. (1) (a) 1., cr. (1) (a) 1m. Register October 2007 No. 622, eff. 11-1-07; emerg. am. (1) (a) 1., cr. (1) (a) 1r., eff. 1-1-08; CR 08-009: am. (1) (a) 1., cr. (1) (a) 1r. Register July 2008 No. 631, eff. 8-1-08; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (title), (1) (b), (c) (intro.), (2) (a) (intro.), 2., (b) (intro.), 1., (d), (e) and (4) Register September 2010 No. 657, eff. 10-1-10; 2015 Wis. Act 132: r. (3) (b) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. and recr., eff. 5-4-17; CR 17-033: r. and recr. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. am. (3) (c) 2., eff. 3-11-18; CR 17-099: am. (3) (c) 2. Register July 2018 No. 751, eff. 8-1-18: EmR2314: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (b), eff. 10-1-23; CR 23-016: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (a) (title), (b) Register January 2024 No. 817, eff. 2-1-24; renum. (4) (a) 1., 2. to (4) (c), (d) under s. 13.92 (4) (b) 1., Stats., Register January 2024 No. 817.

DCF 201.065 Parent appeal rights.

(1) Right to appeal.

(a) General. A parent applying for or receiving payments under the child care subsidy program may appeal any of the following actions by the department or a child care administrative agency:

1. Denial of an application in whole or in part.

2. Failure to act on an application within 30 days.

3. Reduction, suspension, or termination of child care subsidy payments.

4. The determination of the amount and initial eligibility date of receipt of child care subsidy payments.

5. Denial of a request for a hardship authorization under s. DCF 201.039 (13) or (14).

(b) Overpayments. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal the determination or collection of an overpayment, including the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 101.23 (9), levy under s. DCF 101.23 (10), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The parent may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.

(c) Intentional program violations. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal a determination by the department or an agency that the parent or individual has committed an intentional program violation under s. 49.151 (2), Stats.

(d) No appeal of payment expiration. A parent may not appeal the expiration of a subsidy payment under s. DCF 201.04 (2r) (b).

(2) Procedure.

(a) A request for a hearing may be made by an individual who has a right to appeal under sub. (1) or someone with legal authority to act on their behalf.

(b)

1. A request for a hearing of an action under sub. (1) (a) or (b) shall be in writing and received at the address specified on the notice within 45 days after the date printed on the notice.

2. A request for a hearing of a determination under sub. (1) (c) shall be in writing and received at the address specified on the notice within 30 days after the date printed on the notice.

(c) Upon receipt of a timely request for hearing, the department or the division of hearings and appeals under s. 227.43, Stats., shall give the individual a hearing as follows:

1. A fair hearing under ch. 227, Stats., and ch. HA 3 for an action under sub. (1) (a) or (b).

2. A contested case hearing under ch. 227, Stats., and ch. HA 1 for an action under sub. (1) (c).

History: CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in (2) (c) 1. and 2. made under s. 35.17, Stats., Register January 2018 No. 745; correction in (1) (d) made under s. 13.92 (4) (b) 7., Register January 2024 No. 817.

DCF 201.07 Provider appeal rights.

(1) A child care provider who contests any of the following actions may request a departmental review:

(a) Refusal to issue new child care authorizations.

(b) Revocation of existing child care authorizations.

(d) Determination of the provider’s payment amount.

(e) Collection of an overpayment, including the determination of the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 201.04 (5) (eh), levy under s. DCF 201.04 (5) (ep), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The provider may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.

(f) Issuance of a forfeiture.

(2) A request for a departmental review may be made by a child care provider or someone with legal authority to act on their behalf.

(3) A request for a departmental review shall be in writing and received at the address provided on the notice within 30 days from the date printed on the notice of action under sub. (1).

(4) Upon receipt of a timely request for departmental review, the department shall give the child care provider a contested case hearing under ch. 227, Stats., and ch. HA 1.

(5) The department may contract with the division of hearings and appeals to conduct the review.

History: CR 02-104: cr. Register March 2003 No. 567, eff. 4-1-03; EmR1027: emerg. am. (1) (e), cr. (1) (f), eff. 7-9-10; CR 10-086: am. (1) (e), cr. (1) (f) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 17-033: am. (4) Register January 2018 No. 745, eff. 2-1-18; correction in (4) made under s. 35.17, Stats., Register January 2018 No. 745.

DCF 201.08 Parent copayments.

(1) Schedule.

(a) The department shall set a schedule for parent copayment responsibilities for all parents who receive a child care subsidy, except as provided under sub. (2). Copayment amounts will be based on the size of the assistance group and the assistance group’s gross income. The copayment schedule is provided in Table DCF 201.08.

(b) A parent’s share of payment may be more than the copayment amount determined using the copayment schedule in Table DCF 201.08. If a provider’s price is higher than the department’s maximum rate, the parent’s share of payment will be the difference between the provider’s price and the subsidy payment, plus any additional fees the provider charges.

(2) Exceptions.

(am) Notwithstanding sub. (1), no parent may be assessed any copayment responsibility if any of the following conditions are met:

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

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

3. 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.

4. The biological parent of the child is a minor attending school subject to the requirements of s. 49.26, Stats.

Note: Section 49.26 (1) (e), Stats., prohibits copayment responsibility for a minor teen parent who is attending school subject to the Learnfare school attendance requirement.

5. The parent is enrolled in Wisconsin Works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats.

6. The gross income of the assistance group is at or below 100 percent of the federal poverty level.

(bm) A parent shall be assessed the minimum copayment amount for the number of children in the assistance group under Table DCF 201.08 if any of the following conditions are met:

1. The parent is the kinship care relative of a child that was not placed in the relative’s home under a court order.

2. The parent is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency to high school graduation.

(cm) A parent who transitions from Wisconsin works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats., to unsubsidized employment shall be assessed the minimum copayment until the parent’s next eligibility redetermination.

(dm) A parent that no longer meets the conditions of this subsection due to a change in circumstances, such as adoption of the child, may not be assessed the full copayment responsibility until the parent’s next eligibility redetermination.

Note: If a provider’s price is higher than the department’s maximum rate, a parent with no copayment responsibility under this section will still be responsible for the difference between the provider’s price and the subsidy amount, plus additional fees the provider charges.

(3) Adjustments.

(a) The department may adjust the amounts in the schedule to reflect the following factors:

1. A change in child care prices or rates.

2. A change in the funding available for the child care subsidy program.

3. A change in costs due to a change in the consumer price index.

4. A change in the federal poverty level.

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.

6. Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy.

7. The purposes of the child care subsidy program.

(b) The department shall publish adjustments to the copayment schedule in the Wisconsin administrative register.

(c) If the department proposes to make adjustments to the copayment schedule that would increase parental copayments by 10% or more, the department shall promulgate an administrative rule to make such adjustments, and the department shall not issue an emergency rule to implement such adjustments before providing advance public notice of at least one month.

(4) Copayment increases during 12-month eligibility period. During a parent’s 12-month eligibility period, the parent’s copayment amount may not be increased unless any of the following conditions is met:

(a) Increased hours. The increased copayment amount corresponds to an increase in the number of hours authorized for a child care subsidy to the parent.