(18) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats. (19) “Social Security Disability Insurance” means payments under 42 USC 401 to 433 for individuals determined disabled under program requirements. (20) “Spouse” means an individual who is married to a client at the time a service is provided or at the time a county department or the department is attempting to collect a fee.
(21) “Subsidized guardianship home” means the home of an individual receiving payments under s. 48.623, Stats. (22) “Supplemental Security Income” means payments under 42 USC 1381 to 1385. DCF 1.03 Fees. (1) Establishment of fees. Except for services for which charging a fee is prohibited under sub. (2), a county department or the department may establish fees for child welfare services under ch. 48, Stats., and community-based youth justice services under ch. 938, Stats., purchased or provided for a client. (2) Services for which fee is prohibited. A county department or the department may not charge a fee for a service if any of the following conditions is met:
(a) State or federal law prohibits charging a fee for the service.
(b) The county department or the department has determined that charging a fee for the service would be administratively unfeasible or would significantly prevent accomplishing the purpose of the service.
(c) The service is a children and family support service provided under subch. III of ch. 49, Stats. (3) Residential services fee. A county department or the department may charge a child’s parent a fee for the care and maintenance of the child in a residential nonmedical facility or juvenile detention facility only if the parent has not been ordered to pay child support as provided under s. 49.345 (14) (b) or (c) or ch. 767, Stats., for placement of the child in a residential nonmedical facility or a juvenile detention facility. (4) Transparency and notice. A county department or the department shall do all of the following:
(a) Make both printed and electronic information widely available on all of the following:
1. The services for which a fee is charged.
2. The fee amounts charged for the services or the method for determining the fee amounts.
(b) Make reasonable efforts to provide written notice of the amount of any fee that will be charged to all individuals who may be liable for the fee before the service is provided or as soon as feasible after the service begins.
DCF 1.04 Fee liability, exemptions, and waivers. (1) Persons liable. Except as provided in sub. (2), all of the following persons shall be liable for a fee:
(a) A client who is not a minor at the time the service is provided.
Note: An adult is not liable for a fee for services received as a minor.
(b) A parent of a minor client.
(c) The spouse of a client.
(d) The surety company if the condition of a bond under s. 48.839 (1) or 48.98 (2), Stats., is met. (e) Under s. 48.98, Stats., a person, other than a county department or a licensed child-placing agency, that brought a child into this state for the purpose of placing the child in a foster home. (f) Any other person liable by contract, law, or as determined by a court.
(2) Fee prohibited. A county department or the department may not charge a fee to any of the following persons:
(a) A client who is a minor at the time the service is provided.
(b) Any other person determined not liable by a court.
(3) Discretionary waiver. (a) A county department or the department may refrain from charging a fee, compromise the amount of a fee, or forgive all or part of a fee debt if the county department or the department determines that any of the following:
1. The individual receives Medical Assistance, Supplemental Security Income, or Social Security Disability Insurance.
2. No payments are currently required because the individual’s maximum monthly payment amount is $0.
3. Collection is inappropriate due to the needs of the individual or the individual’s family.
4. Collection is administratively unfeasible.
5. Collection would significantly prevent accomplishing the purpose of the service.
(b) A county department or the department may waive all or part of an individual’s fee liability for a reason specified in par. (a) at any time.
(c) The county department or the department shall document any fee liability that is waived as provided in s. DCF 1.05 (7) (a) 4. DCF 1.05 Billing. (1) Monthly bill if ability to pay. Each month during the collection period, a county department or the department shall issue a billing statement to each liable individual whose current maximum monthly payment amount is more than $0.
Note: A joint billing statement may be sent to all liable individuals who live at the same address.
(2) Determining the maximum monthly payment amount. (a) Maximum monthly payment schedule. 1. Subject to par. (c), a county department or the department shall determine a liable individual’s maximum monthly payment amount using information under par. (b) and the maximum monthly payment schedule issued by the department. The maximum monthly payment schedule indicates the maximum amount that the department determines a liable individual has the ability to pay toward fee liability per month based on gross monthly income and number of individuals living the family.
2. The department may collaborate with the department of health services to use a common maximum monthly payment schedule for this chapter and ch. DHS 1. 3. The maximum monthly payment schedule shall be updated annually based on the consumer price index for the midwest region issued by the federal department of labor.
(b) Financial circumstances. A county department or the department may determine the gross monthly income and number of individuals living in the liable individual’s family using any of the following:
1. A completed financial responsibility form that gives due regard to the relationships and the present needs of the individual or of the lawful dependents and documentation that verifies the information provided in the form.
2. Information in the county department’s or the department’s records about the liable individual and the individual’s family.
(c) Single maximum monthly payment amount. A county department or the department shall determine a single maximum monthly payment amount for a family who lives together regardless of the number of liable individuals in the family, the number of family members receiving services, the number of agencies providing services, or whether fees were established under this chapter or ch. DHS 1. (3) When the maximum monthly payment amount is determined. (a) Mandatory determination. Subject to sub. (8), a county department or the department shall determine a liable individual’s maximum monthly payment amount at all of the following times during the collection period:
1. When services begin or as soon as the county department or the department has sufficient information on the individual’s financial circumstances under sub. (2) (b).
2. When the county department or the department receives notice that there has been a change in the financial circumstances of the liable individual or the individual’s family.
3. Every 12 months while services are being provided.
(b) Discretionary determination. A county department or the department may determine a liable individual’s maximum monthly payment amount at any of the following times during the collection period:
1. At the conclusion of services to the client.
2. Periodically after services have concluded.
(4) Optional short-cut method. A county department or the department may determine that a liable individual’s maximum monthly payment amount is $0 if the individual is receiving Medical Assistance, Social Security Disability Insurance, or Supplemental Security Income.
(5) Retroactive adjustment. Following a redetermination of a liable individual’s maximum monthly payment amount, the county department or the department may retroactively apply the new maximum monthly payment amount for up to 90 days prior to receipt of the updated financial information.
(6) Disclosure. A county department or the department may release financial and service information to qualified staff within the county department or the department for billing and collection purposes.
(7) Billing statements. (a) A county department or the department shall include all of the following in each billing statement issued under sub. (1) or (8):
1. An itemization of any services provided during the billing period, including the date the service was provided, the number of units, and the fee amount.
2. The date and amount of any payments received during the billing period.
3. The total outstanding liability as of the date of the statement.
5. The due date and amount of the monthly payment due.
(b) A county department or the department may do any of the following:
1. Require a monthly payment amount that is less than the maximum monthly payment amount.
2. Bill for the current monthly amount due and any unpaid amounts due in previous months.
3. Issue billing statements to any liable person who is not an individual as the county department or department determines appropriate.
Note: The monthly billing requirement and the ability to pay provisions do not apply to liable entities, such as surety companies and child-placing agencies.
(8) Noncompliance. A county department or the department shall issue monthly billing statements for a liable individual’s total outstanding liability if any of the following conditions is met:
(a) The individual is informed of the right to maximum monthly payment amounts based on the individual’s ability to pay and knowingly refuses to complete a financial responsibility form or to provide verifying documentation under sub. (2) (b) 1.
(b) The individual intentionally misrepresents any information provided in the financial responsibility form under sub. (2) (b) 1.
Note: The county department or the department may also refuse to grant a waiver under s. DCF 1.04 (3). (9) Other requirements. Each county department and the department shall do all of the following:
(a) Maintain documentation of compliance with this section. A county department shall provide the documentation to the department upon request.
(b) Establish a written procedure to periodically review accounts for accuracy and compliance with this chapter and follow the procedure established.
(c) Provide a written grievance procedure for disputes relating to liability, billing, and collections.
DCF 1.06 Collections. (1) Nonpursuit. A county department or the department may not engage in efforts to collect from a liable individual whose maximum monthly payment amount is $0.
(2) Delinquent account. (a) A county department or the department may consider an account to be delinquent if all of the following have occurred:
1. The monthly payment due has not been received for 90 consecutive days.
