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. (3) Change In Circumstances. (a) Parent. A parent shall notify the child care administrative agency of any change in circumstances that affects the parent’s eligibility or need for child care within 10 days after the change.
(b) Agency. A child care administrative agency shall redetermine a parent’s eligibility for the child care subsidy program and need for child care in a timely manner following receipt of a parent’s report of a change in circumstances affecting the parent’s eligibility or need for child care.
(4) Annual renewal. A child care administrative agency shall review a parent’s eligibility no sooner than 12 months following the initial determination of the parent’s eligibility or the parent’s most recent annual renewal of eligibility, unless the parent requests a renewal sooner.
Note: For example, a parent may want to renew eligibility for the child care subsidy program early because the parent is at the agency for a renewal of a different program, such as FoodShare.
DCF 201.038 Child care providers. (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:
(a) Regulated child care. The child care provider is any of the following:
1. ‘Licensed.’ A child care center licensed by the department under s. 48.65, Stats., and ch. DCF 250 or 251, or a day camp licensed by the department under s. 48.65, Stats., and ch. DCF 252. 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. 3. ‘School board.’ A child care program established or contracted for by a school board under s. 120.13 (14), Stats. 4. ‘Out-of-state provider.’ A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
(b) Quality rating system. The child care provider is any of the following:
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. 2. An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect.
(c) Fingerprint background check. The provider is in compliance with the requirements in s. 48.685 (2) (br), Stats. (2) electronic fund transfer. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.
(3) Parental choice. A parent may choose any child care provider that meets the conditions in sub. (1).
(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 201.039 Authorizations. (1) Assessment of need. A child care administrative agency shall determine and authorize the amount of child care for which an eligible parent may receive a subsidy.
(2) Parent. A parent shall inform the child care administrative agency of all of the following:
(a) The child care provider that will care for the child.
(b) The specific dates and times of the parent’s schedule of approved activities under s. 49.155 (1m) (a), Stats. (c) Any other information requested by the agency regarding the family’s need for child care.
(3) Licensed provider prices. A child care administrative agency may refuse to authorize payment for child care services by a child care provider licensed under s. 48.65, Stats., if the provider refuses to submit documentation of the provider’s child care prices in response to an agency request. (4) Two-parent family. In two-parent families, both parents shall meet the eligibility criteria in s. 49.155 (1m), Stats., unless the child care administrative agency verifies that one parent has a disability or health condition that makes that parent unable to participate in an approved activity under s. 49.155 (1m) (a), Stats., and unable to provide the child care necessary for the second parent to participate in an approved activity under s. 49.155 (1m) (a), Stats. The agency shall require the parent to provide documentation of the disability or health condition from a doctor, psychiatrist, or psychologist. (5) Care provided in a child’s home. A child care administrative agency may authorize payment for child care services in a child’s home only if the child care provider is certified under s. 48.651, Stats., and any of the following apply: (a) Care is provided to 3 or more children from the same family.
(b) Other licensed or certified care is not available within a reasonable geographic area.
(c) Other licensed or certified care is not available during the hours when child care is needed, such as during second or third shift or weekend hours.
(d) The child has a special need and child care is best provided in the child’s home.
(6) No Parents or household members. A child care administrative agency may not authorize payment for child care services by a provider who is a parent of the child or who resides with the child.
(7) Authorization criteria for a provider’s child. (a) The department or a child care administrative agency may authorize payment for the care of a child whose parent is a child care provider only if the care will be provided by another child care provider and any of the following apply:
1. The care will allow the parent to participate in an approved activity under s. 49.155 (1m) (a), Stats., other than an activity related to child care. 2. The department or agency determines that assistance is appropriate because the child has a special need.
3. The parent is the child’s foster parent.
4. The parent is the child’s guardian or interim caretaker and is receiving subsidized guardianship payments under s. 48.623, Stats., for the care and maintenance of the child. 5. The parent is the child’s kinship care relative, the child has been placed with the relative under a court order under ch. 48 or 938, Stats., and the relative is receiving kinship care payments under s. 48.57 (3m) or (3n), Stats., for the care and maintenance of the child. 6. Both of the following apply:
a. The child’s biological parent is a dependent minor child under the age of 18 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.
b. The dependent minor parent and the child reside with a person who is considered the child’s parent for the purposes of this chapter and who may be the dependent minor parent’s custodial parent, kinship care relative, foster parent, or guardian or interim caretaker receiving a payment under s. 48.623, Stats., for the care and maintenance of the dependent minor parent. (b) If a parent who is a child care provider submits documentation of circumstances that meet the conditions of this subsection, the child care administrative agency shall consider the documentation to be an application for a waiver under s. 49.155 (3m) (d) 3., Stats. (8) Employee of certified provider. A child care administrative agency may not authorize payment for child care services by a provider certified under s. 48.651, Stats., if the child’s parent or a person who resides with the child is employed by the provider at the same location. (9) maximum hours per day. (a) A child care administrative agency shall authorize no more than 12 hours of child care per day per child, unless the child’s parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.
(b) A child care administrative agency may authorize more than 12 hours, but not more than 16 hours, of child care per day for a child whose parent has provided written documentation of work or transportation requirements that exceed 12 hours in a day.
(10) Authorization notice. (a) After a parent has provided all of the information required under sub. (2) and the child care administrative agency has completed the assessment of the family’s need for child care, the agency shall issue a written authorization notice to the parent approving payment for child care through the subsidy program based on the specific provisions in the notice.
(b) An authorization notice shall specify the child who will receive the care, the child care provider, the location where the child care will be provided, the time period in which the child care will be provided, the number of hours of child care authorized per month, and the maximum subsidy payment amount per month.
(11) Backdated start date. (a) Authorization within 30 days after request for assistance. 1. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment beginning on the date that all of the following conditions are met: a. The parent has submitted a request for assistance under the child care subsidy program.
b. The child is receiving child care services from a child care provider.
c. The provider is in compliance with the requirements of s. DCF 201.038 (1). 2. Notwithstanding subd. 1., if an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment beginning on the later of the date of child placement or the first day of the month in which the parent submitted the request for assistance if all of the following conditions are met: a. The parent is a kinship care relative receiving payments under s. 48.57 (3m), Stats., and is providing care and maintenance for the child who is placed in the kinship care relative’s home pursuant to a court order under ch. 48 or 938, Stats. b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.
(b) Authorization more than 30 days after request for assistance. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance, the agency may authorize payment for child care services beginning the first day of the month in which the parent submits the information required under sub. (2) if all of the conditions in par. (a) 1. a. to c. are met. (12) New child care provider effective following month. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month.
(13) new provider effective in current month due to hardship. (a) If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective in the current month if the conditions in par. (a) and (b) are met, as follows:
(a) The family is experiencing circumstances that create an unforeseen hardship for the child to continue to attend the authorized provider for the remainder of the month due to any of the following:
1. Travel to the authorized provider has become unreasonable due to any of the following:
a. The family relocated to escape domestic abuse.
b. The family was evicted from their home.
c. The family was formerly homeless and has moved into stable housing.
d. The location of the parent’s approved activity suddenly changed.
2. The authorized provider is unable to meet the family’s need for child care after any of the following:
a. The schedule of the parent’s approved activity suddenly changed.
b. The death or unexpected departure of a parent.
c. The child is expelled due to behavior issues.
d. The child has a special need that is no longer met by the provider.
e. The child has a medical need that cannot be met by the provider.
3. The authorized provider is no longer available to provide child care services due to any of the following:
a. The provider suddenly stops providing child care services.
b. The provider’s regulatory approval has been suspended or revoked.
c. Damage to the provider’s facility has created an unsafe environment for children.
d. Regulatory restrictions on the number of children, hours of operation, or provider-to-child ratios.
4. There is alleged abuse or neglect of the child by the provider, and a complaint has been made to the appropriate certification or licensing agency.
5. Continuing to receive child care from the authorized provider threatens the safety of the parent or child.
6. Other circumstances outside the parent’s control as approved by the department.
(b) The parent notifies the agency of the applicable circumstances in par. (a) within 10 days after the circumstances begin.
(14) new provider effective in current month for sibling. A child care administrative agency may authorize payment for child care by a new provider effective in the current month for the sibling of a child whose circumstances qualify for a hardship authorization under sub. (13) if the sibling attends the same child care provider.
SECTION 25. DCF 201.04 (title) is repealed and recreated to read:
DCF 201.04 (title) Payments and overpayments.
