If a liable individual refuses to complete a financial responsibility form or misrepresents information in the form, ch. DHS 1 provides that the individual’s fee debt may not waived. Chapter DCF 1 provides that the county department or department shall bill the individual for the total outstanding liability and leaves the option of waiver at any time over the life of the debt to the discretion of the county department or department.
Chapter DCF 1 expressly allows the release of financial and service information to qualified staff within the county department or the department for billing and collection purposes.Chapter DCF 1 also complies with the requirement in s. 49.345 (14) (g), Stats., that the department promulgate rules on the application of the child support guidelines in ch. DCF 150 to child support ordered in children’s or juvenile court under s. 49.345 (14) (b), Stats. The rule provides that the court may determine the amount of a parent’s child support obligation for a child placed in a residential, nonmedical facility or juvenile detention facility by a court order using ch. DCF 150 subject to a provision on determining the proportionate share of support for a specific child. Support is determined for a full sibling group based on the percentages in ch. DCF 150 and then the proportionate share is determined for the child who is placed in a residential, nonmedical facility or juvenile detention facility. Summary of Data and Analytical Methodologies
The fee provisions are based on the ch. DHS 1 fee rule with minor revisions. Child welfare services have historically been covered by the ch. DHS/DHFS/DHSS 1 fee rule until the new version of ch. DHS 1 was created in 2020. A fee rule allowing payments based on ability to pay is new for youth justice services, which were transferred from the Department of Corrections to DCF in 2016. The Department of Corrections does not have a fee rule. Youth justice services were covered by the DHSS 1 fee rule from 1978 until they were transferred to the Department of Corrections in 1996.
Summary of Related Federal Law
There is no relevant federal law on fees for child welfare or youth justice services or on child support determined in children’s or juvenile court.
Comparison to Adjacent States
Illinois. If a child is placed in out-of-home care and the child’s parents have not been ordered to pay child support, the human services department may charge the parents a fee under a maximum fee schedule that is based on family size and income. The human services department requests updated financial information from the parents on a semiannual basis. 89 Ill. Adm. Code Ch. III (3), Subch. C, Pt. 352.
Iowa. The department may charge a fee for child welfare services. The fee shall be based upon the person’s ability to pay and consideration of the fee’s impact upon the liable person’s family and the goals identified in the case permanency plan. The fees may not exceed the cost of services. I.C.A. 234.8.
Michigan. There do not appear to be statutes or rules governing fees charged by the department of human services or counties for child welfare or juvenile justice services, other than juvenile justice fees ordered by a court.
Minnesota. There do not appear to be statutes or rules governing fees charged by the department of human services or counties for child welfare or juvenile justice services, other than juvenile justice fees ordered by a court.
Effect on Small Businesses
The proposed rule does not affect small businesses as defined under s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
The proposed rule applies to county departments and families who receive child welfare or community-based youth justice services and does not apply to private or nonprofit businesses.
Agency Contacts
Kate Johnson, Director Bureau of Regional Operations sarahkate.johnson@wisconsin.gov 608 422-6763 | Jill Mueller, Child Support Attorney jill.mueller@wisconsin.gov 608 422-7046 |
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Elaine Pridgen, Department of Children and Families, 201 W. Washington Ave, P.O. Box 8916, Madison, WI, 53708-8916 or dcfpublichearing@wisconsin.gov. The comment deadline is March 5, 2024. RULE TEXT
SECTION 1. Chapter DCF 1 is created to read: FEES FOR CHILD WELFARE AND COMMUNITY-BASED
YOUTH JUSTICE SERVICES
DCF 1.01 Purpose. This chapter specifies the conditions under which the department establishes and collects fees and delegates to county departments the authority to establish and collect fees under ss. 49.32 (1) and 49.345 (14) (a), Stats. The chapter also specifies the manner of application of ch. DCF 150 when determining child support under s. 49.345 (14) (b) and (c), Stats., and procedures for collecting support under s. 49.345 (14) (e), Stats. DCF 1.02 Definitions. Unless otherwise specified, in this chapter:
(1) “Child-placing agency” means an agency licensed under ch. DCF 54 and s. 48.66, Stats., or a similar agency licensed in another state. (2) “Client” means an individual who receives child welfare services under ch. 48, Stats., or community-based youth justice services under ch. 938, Stats., that are purchased or provided by the department or a county department. (3) “Collection period” means the period of time that begins on the day a unit of service is provided and ends when the fee for the service is paid in full, when the fee is waived, or as provided under the applicable statute of limitations.
(4) “Community-based youth justice services” has the meaning given for “community-based juvenile delinquency-related services” in s. 49.11 (1c), Stats. (5) “County department” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats. (6) “Department” means the department of children and families.
(7) “Fee” means the amount established as a charge for a service under s. DCF 1.03. (8) “Foster home” has the meaning given in s. 48.02 (6), Stats. (9) “Group home” has the meaning given in s. 48.02 (7), Stats. (10) “Juvenile detention facility” has the meaning given in s. 938.02 (10r), Stats. (11) “Maximum monthly payment amount” means the amount an individual has been determined to have the ability to pay toward fee liability per month based on the gross monthly income and number of individuals living in the family as indicated in the schedule in s. DCF 1.05 (2) (a). (12) “Medical Assistance” has the meaning given in s. 49.43 (8), Stats. (13) “Minor” means an individual under 18 years of age.
(14) “Parent” means any of the following:
(a) An individual who has legal custody of a minor at the time a service is provided.
(b) A resident of this state who brought a minor into the state for the purpose of adoption under s. 48.839, Stats. (15) “Residential care center for children or youth” has the meaning given in s. 48.02 (15d), Stats. (16) “Residential nonmedical facility” means a foster home, subsidized guardianship home, group home, residential care center for children and youth, or shelter care facility.
(17) “Service” includes care, maintenance, supplies, and other services purchased or provided by a county department or the department under ch. 48, Stats., or as a community-based youth justice service under ch. 938, Stats. (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.
