Chapter DCF 201

Register April 2012 No. 676

Chapter DCF 201

CHILD CARE SUBSIDY PROGRAM

DCF 201.01   Purpose and applicability.

DCF 201.02   Definitions.

DCF 201.03   Department powers and responsibilities.

DCF 201.034   Child care administrative agencies.

DCF 201.036   Eligibility.

DCF 201.037   Reporting requirements.

DCF 201.038   Child care providers.

DCF 201.039   Authorizations.

DCF 201.04   Payments and overpayments.

DCF 201.044   Incentive program for local fraud detection.

DCF 201.06   Establishing maximum rates.

DCF 201.065   Parent appeal rights.

DCF 201.07   Provider appeal rights.

DCF 201.08   Parent copayments.

Ch. DCF 201 Note Note: Sections HSS 55.70 to 55.77 as they existed on February 28, 1997 were repealed and a new chapter DWD 56 was created effective March 1, 1997. Chapter DWD 56 was renumbered to chapter DCF 201 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 201.01 DCF 201.01 Purpose and applicability. This chapter provides standards and procedures for the administration of the child care subsidy program under ss. 49.155 and 227.11 (2) (a), Stats. This chapter applies to the department, child care administrative agencies, child care providers, and eligible parents.

DCF 201.01 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1999, No. 527, eff. 12-1-99; CR 02-104: am. Register March 2003 No. 567, eff. 4-1-03; EmR1015: emerg. am. eff. 5-17-10; CR 10-056: am. Register September 2010 No. 656, eff. 10-1-10; EmR1709: emerg. r. and recr. eff. 5-4-17; CR 17-033: r. and recr. Register January 2018 No. 745, eff. 2-1-18.

DCF 201.02 DCF 201.02 Definitions. In this chapter:

DCF 201.02(1) (1) “Account number” means a number that appears on a parent’s EBT card and is linked to the parent’s electronic child care subsidy.

DCF 201.02(1d) (1d) “Approved activity” means an activity specified under s. 49.155 (1m) (a), Stats.

DCF 201.02(1h) (1h) “Approved activity search period” means the 3-month eligibility period after the parent permanently ceases participation in any approved activity under s. 49.155 (1m) (a) (intro.), Stats.

DCF 201.02(1p) (1p) “Assistance group” means the individuals in a household that are included in determining eligibility for the child care subsidy program under s. DCF 201.036 (2).

DCF 201.02(1t) (1t) “Authorization” means written approval by a child care administrative agency for payment under the child care subsidy program for child care for a specific child, by a specific child care provider, for up to a specific number of hours, during a specific time period.

DCF 201.02(2m) (2m) “Certification agency” means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care providers under s. 48.651, Stats.

DCF 201.02(3) (3) “Child care administrative agency” or “agency” means any of the following:

DCF 201.02(3)(a) (a) An agency that has a contract with the department to administer the child care subsidy program.

DCF 201.02(3)(b) (b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.

DCF 201.02(3)(c) (c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats.

DCF 201.02(4) (4) “Child care funds” means funding for child care purposes under s. 49.155, Stats., excluding s. 49.155 (1d) and (1g), Stats.

DCF 201.02(5) (5) “Child care price” means the amount a child care provider charges for child care services.

DCF 201.02(6) (6) “Child care provider” or “provider” means a provider licensed under s. 48.65, Stats.; certified under s. 48.651, Stats.; established or contracted for under s. 120.13 (14), Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.

DCF 201.02(6m) (6m) “Child care subsidy program” or “subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m), Stats., with child care expenses.

DCF 201.02(7g) (7g) “Complies with the payment schedule” as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.

DCF 201.02(7m) (7m) “Copayment” means an amount that is calculated by the department’s automation system based on s. DCF 201.08 (1) (a) and (2) (bm) that reduces the amount of a parent’s subsidy payment.

DCF 201.02 Note Note: See the definition of “parent’s share” in s. DCF 201.02 (17e).

DCF 201.02(7r) (7r) “Debtor” means a person who is responsible for an overpayment under s. DCF 201.04 (5) (b) or a person who is liable under s. 49.155 (7m) (b), Stats.

DCF 201.02(8) (8) “Department” means the Wisconsin department of children and families.

DCF 201.02(9) (9) “EBT card” means a card that allows a parent to electronically transfer the parent’s child care subsidy to the parent’s child care provider as payment for child care services.

DCF 201.02(9g) (9g) “Employability plan” means a written agreement used in the Wisconsin works program that includes the activities that a Wisconsin works program participant will engage in during a specified time period.

DCF 201.02(9r) (9r) “Employment plan” means a written agreement used in the food stamp employment and training program under s. 49.79 (9), Stats., that includes the activities that a program participant will engage in during a specified time period.

DCF 201.02(11) (11) “Federal poverty level” means the poverty guidelines that are established based on the number of individuals in a household and updated annually by the U.S. department of health and human services.

DCF 201.02(12) (12) “Foster parent” means a person licensed under s. 48.62 (1), Stats., or licensed by a tribal social services agency as a tribal placement home.

DCF 201.02(13) (13) “Gross income” means the income used in determining financial eligibility under s. 49.155 (1m) (c), Stats.

DCF 201.02(13m) (13m) “Homeless” has the same meaning as “homeless children and youth” under 42 USC 11435 (2).

DCF 201.02 Note Note: This definition is included in Section 725 (2) of the McKinney-Vento Homeless Assistance Act.

DCF 201.02(14) (14) “In-home provider” means a person caring for a child in the child’s own home.

DCF 201.02(15) (15) “Kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person listed in this subsection, even if the marriage is terminated by death or divorce.

DCF 201.02(15m) (15m) “Maximum rate” means the maximum rate that the department will use in calculating the amount of a payment under the child care subsidy program.

DCF 201.02(16) (16) “Nonmarital coparent” has the meaning given in s. 49.141 (1) (i), Stats.

DCF 201.02 Note Note: Section 49.141 (1) (i), Stats., provides “‘Nonmarital coparent’ means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.”

DCF 201.02(16m) (16m) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).

DCF 201.02(17) (17) “Parent” means a custodial parent, foster parent, kinship care relative, guardian, legal custodian, subsidized guardian or interim caretaker under s. 48.623, Stats., or a person acting in place of a parent. “Parent” also includes the spouse or nonmarital coparent of a parent who resides in the same household as the parent.

DCF 201.02(17e) (17e) “Parent’s share” means the out-of-pocket cost of child care that a parent is responsible for paying to the child care provider, including any amount charged by the provider that exceeds the amount of the parent’s subsidy payment.

DCF 201.02 Note Note: See the definition of “copayment” in s. DCF 201.02 (7m).

DCF 201.02(17m) (17m) “Personal identification number” means a confidential number that a parent uses with the parent’s EBT card or account number to electronically access the parent’s child care subsidy in a secure manner.

DCF 201.02(17s) (17s) “Physician assistant” has the same meaning as in s. 448.971 (2), Stats.

DCF 201.02(18m) (18m) “Private pay parent” means a parent that does not pay a provider for child care with funds from the child care subsidy program.

DCF 201.02(18p) (18p) “Registration fee” means a fee that a child care provider charges to enroll a child or to continue a child’s enrollment on an annual basis.

DCF 201.02(19) (19) “Slots” means the number of children within the capacity of a child care provider under the applicable law for that type of provider.

DCF 201.02(20) (20) “Special need” means an emotional, behavioral, physical, or personal need of a child requiring more than the usual amount of care and supervision for the child’s age, as documented by a physician, psychologist, special educator, or other qualified professional. A “special need” includes a developmental disability.

DCF 201.02(21) (21) “Temporary break” means a parent’s time-limited absence from an approved activity due to illness, leave to care for family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an approved activity as long as the parent continues to be employed or enrolled in the approved activity and the absence does not exceed 3 months.

DCF 201.02(21m) (21m) “Twelve-month eligibility period” means the period between the initial determination of a parent’s eligibility and the following redetermination or between annual redeterminations of a parent’s eligibility.

DCF 201.02(22) (22) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.

DCF 201.02(24) (24) “Wisconsin works” or “W-2” has the meaning given in s. 49.141 (1) (p), Stats.

DCF 201.02 Note Note: Section 49.141 (1) (p), Stats., provides: “‘Wisconsin works’ means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.”

DCF 201.02(26) (26) “Wisconsin works employment position” has the meaning given in s. DCF 101.03 (39).

DCF 201.02 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (1), (8), (11), (13), (14), (15) and (16), am. (3), (4), (9), (10), and (17), cr. (15m), (16m), (20m), (23), and (24), Register, November, 1999, No. 527, eff. 12-1-99; renum. (12), (15m), (16m) and (20m) to be (11), (15), (16), and (20), cr. (12) and (25), r. (14), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. and recr. (3) and (15), am. (4), (11) to (13) and (21), renum. (7) and (20) to (25) to be (8) and (21) to (26), cr. (7), (14) and (20) Register March 2003 No. 567, eff. 4-1-03; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-123: r. (9) Register July 2005 No. 595, eff. 8-1-05; correction in (11) made under s. 13.92 (4) (b) 7. Stats., Register July 2008 No. 631; corrections in (8), (25) and (26) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. cr. (2m), am. (3) and (19), eff. 5-17-10; CR 10-056: cr. (2m), am. (3) and (19) Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. cr. (7g), (7r), eff. 7-9-10; CR 10-086: cr. (7g), (7r) Register December 2010 No. 660, eff. 1-1-11; CR 10-148: am. (12), r. (21) Register August 2011 No. 668, eff. 9-1-11; CR 14-030: cr. (6m) Register August 2015 No. 716, eff. 9-1-15; 2015 Wis. Act 132: am. (2m) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. (2), am. (3), r. and recr. (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), cr. (19m), r. (23), (25), eff. 5-4-17; CR 17-033: r. (2), r. and recr. (3), (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), r. (23), (25) Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (9), (17m), (18m), eff. 3-11-18; CR 17-099: cr. (1), (9), (17m), (18m) Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (1d), (1h), (1p), (1t), (7m), (9g), (9r), r. (10), cr. (11), (13m), r. and recr. (15), cr. (16m), r. and recr. (17), cr. (17e), (17s), r. (18), cr. (21), (21m), Register July 2019 No. 763, eff. 8-1-19; correction in (17s) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805; EmR2314: emerg. cr. (18p), eff. 10-1-23; CR 23-016: cr. (18p) Register January 2024 No. 817, eff. 2-1-24.

DCF 201.03 DCF 201.03 Department powers and responsibilities.

DCF 201.03(1) (1) General. The department shall maintain oversight responsibility of local administration of the child care subsidy program by child care administrative agencies.

DCF 201.03(2) (2) Rate determination. Notwithstanding s. 49.155 (6), Stats., and s. DCF 201.06, the department may determine maximum rates under s. 49.155 (6d) (a) 3., Stats.

DCF 201.03(3) (3) Assistance to child care administrative agencies. The department shall provide information and technical assistance to child care administrative agencies regarding administration of the child care subsidy program.

DCF 201.03(6) (6) Incentive program for local fraud detection. The department shall provide an incentive payment as specified under s. DCF 201.044 to a local agency for identifying fraud in the child care subsidy program.

DCF 201.03 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (4), am. (3), Register, November, 1999, No. 527, eff. 12-1-99; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; corrections in (title), (2), (5) (a) 1. and (b) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. am. (3), (5) (a) (intro.) and (b), eff. 5-17-10; CR 10-056: am. (3), (5) (a) (intro.) and (b) Register September 2010 No. 657, eff. 10-1-10; CR 14-030: cr. (6) Register August 2015 No. 716, eff. 9-1-15; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register August 2015 No. 716; EmR1709: emerg. r. and recr. (1), (2), am. (3), r. (5), am. (6), eff. 5-4-17; CR 17-033: r. and recr. (1), (2), am. (3), r. (5), am. (6) Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (title) Register July 2019 No. 763, eff. 8-1-19.

DCF 201.034 DCF 201.034 Child care administrative agencies.

DCF 201.034(1) (1) The department may contract with a child care administrative agency to administer, or to share in the administration of, the child care subsidy program in a particular county or geographical area.

DCF 201.034(2) (2) The duties of a child care administrative agency shall include all of the following:

DCF 201.034(2)(a) (a) Responding to requests for information on the child care subsidy program.