Chapter DCF 201

DCF 201.04(5)(ep)4.b. b. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

DCF 201.04(5)(ep)5. 5. ‘Appeal rights before surrendered property is sold.’ If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

DCF 201.04(5)(ep)6. 6. ‘Exemption rights.’

DCF 201.04(5)(ep)6.a. a. The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75 percent of the debtor’s disposable earnings then due and owing, an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor’s pay period, an amount equal to 60 times the federal minimum hourly wage for a two-week pay period, or an amount equal to 130 times the federal minimum hourly wage for a monthly pay period.

DCF 201.04(5)(ep)6.b. b. The first $1,000 of an account in a depository institution is exempt from any levy to recover an overpayment.

DCF 201.04(5)(ep)7. 7. ‘Proceeds.’

DCF 201.04(5)(ep)7.a. a. The department shall apply all money obtained under this paragraph first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.

DCF 201.04(5)(ep)7.b. b. Whenever the value of any personal property that has been levied upon under this paragraph is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.

DCF 201.04(5)(ep)7.c. c. The department may refund or credit any amount left after the applications under subd. 7. a., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.

DCF 201.04(5)(et) (et) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under par. (eh) or (ep) may be commenced is $300.

DCF 201.04(5)(f) (f) Parent not liable. If the department refuses to issue payment based on a provider’s violation of a requirement in this chapter, the provider may not hold the parent liable for payment other than the copayment and any amount that the parent agreed to above the department’s maximum reimbursement rate if the parent relied on an approved authorization for care for his or her child to receive care from the provider.

DCF 201.04(5)(g) (g) Waiver. The department may waive recovery of an overpayment under this subsection if the department has made reasonable efforts to recover the overpayment and determines it is no longer cost effective to continue overpayment recovery efforts.

DCF 201.04(6) (6) Monitoring of child care programs. The department or the child care administrative agency may take one or more of the following steps to monitor a provider’s compliance with program requirements:

DCF 201.04(6)(a) (a) Require the provider to submit documentation signed by the parent of the actual times that the child was dropped off to and picked up from the child care provider.

DCF 201.04(6)(b) (b) Contact the parents to determine the child’s actual attendance hours.

DCF 201.04(6)(c) (c) Require the provider to submit attendance and payment records for families that pay for child care costs out of their own personal funds.

DCF 201.04(6)(d) (d) Require the provider to have attendance records available at the child care site whenever the department or child care administrative agency requests to review them.

DCF 201.04(6)(e) (e) Make on-site inspections to monitor provision of authorized services.

DCF 201.04 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; cr. (1) (i), Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (intro.), (3) (a), 1., 2. and (b) 1., (4) (a), (b) 1. and a., r. (1) (a) to (i), (2), (3) (b) 3., 4. and (3) (d), r. and recr., (4) (e), cr. (7) (c) and (d), Register, November, 1999, No. 527, eff. 12-1-99; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. (1) and (4) (a), renum. (3), (4) (b) to (d), and (5) to (7) to be (1), (2) (a), (c) and (d), (3), (4) and (5) and am. (1) (a) (intro.) and 2., (b) (intro.) and (c), (2) (a) 1. c., (c) and (d), (4) and (5) (c) (intro.), also renum. (4) (e) to be DWD 56.045 and am., cr. (2) (b), (d) 1. b., (e) to (i), (5) (e), (f) and (6), r. and recr. (5) (c) 1. to 3., am. (5) (d) Register March 2003 No. 567, eff. 4-1-03; CR 04-123: cr. (2m), (5) (a) 2. and 3., am. (3), (5) (b), (e) and (f), renum. (5) (a) to be (5) (a) 1. and am., Register July 2005 No. 595, eff. 8-1-05; CR 06-044: (1) (b) 3. and 4. renum. from DWD 55.03 (2) (c) and (d), Register November 2006 No. 611, eff. 12-1-06; emerg. am. (1) (a) 1., (2) (a) 1. b. and (5) (c), r. and recr. (2) (d), eff. 4-1-07; corrections in (1) (a) 1., 2., (b) 2. and (5) (a) 1. made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (1) (a) 2., (2) (a) 1. b. and (c), renum. (2) (b), (d), (e) to (h) to be (2g) (d), (a), (e) to (h), cr. (2g) (title), (b) and (c), Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.), eff. 7-9-10; CR 10-086: am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.) Register December 2010 No. 660, eff. 1-1-11; EmR1216: emerg. cr. (2j), eff. 11-15-12; CR 12-048: cr. (2j) Register July 2013 No. 691, eff. 8-1-13; EmR1629: emerg. am. (3) (b), eff. 9-30-16; CR 16-063: r. and recr. (3) (b) Register June 2017 No. 738, eff. 7-1-17; EmR1709: emerg. r. and recr. (title), r. (1), r. and recr. (2), r. (2g) (title), (a), (d), (e), (g), am. (2g) (c) 1. (intro.), am. (h), r. (2j), (2m), (3), (4), (5) (title), (a) 1., 2. (intro.), (b) 1. to 4., r. (5) (b) 5., (6) (title), eff. 5-4-17; CR 17-033: r. and recr. (title), r. (1), r. and recr. (2), (2g) (title), r. (2g) (a) to (g), renum. (2g) (h) to (2g) and am., r. (2j), (2m), (3), (4), am. (5) (a) 1., 2. (intro.), 3., r. (5) (b) 1., am. (5) (b) 2. to 4., r. (5) (b) 5. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (3), (4), (5) (b) 5., eff. 3-11-18; CR 17-099: cr. (1), (3), (4), (5) (b) 5. Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (2) (ag), (ar), r. (2g) Register July 2019 No. 763, eff. 8-1-19; EmR2314: r. and recr. (2) (title), renum. (2) (b) to (d) to be (2r) (a) to (c) and, as renumbered, am. (2r) (a), (b), cr. (2h), Table 201.04, (2r) (title), eff. 10-1-23; CR 23-016: r. and recr. (2) (title), am. (ag) (intro.), renum. (2) (b) to (d) to be (2r) (a) to (c) and, as renumbered am. (2r) (a), (b), cr. (2h), Table 201.04, (2r) (title) Register January 2024 No. 817, eff. 2-1-24.

DCF 201.044 DCF 201.044 Incentive program for local fraud detection.

DCF 201.044(1) (1) Definition. In this section, “local agency” means a child care administrative agency, excluding an agency in a county having a population of 500,000 or more.

DCF 201.044(2) (2) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

DCF 201.044(2)(a) (a) The local agency investigates the child care provider by doing any of the following:

DCF 201.044(2)(a)1. 1. Conducting site visits.

DCF 201.044(2)(a)2. 2. Collecting and reviewing the provider’s attendance and billing records.

DCF 201.044(2)(a)3. 3. Interviewing persons of interest.

DCF 201.044(2)(a)4. 4. Gathering supporting case information.

DCF 201.044(2)(b) (b) The local agency’s investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

DCF 201.044(2)(c) (c) The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider’s actions under par. (b).

DCF 201.044(2)(d) (d) The local agency’s actions in pars. (a) to (c) result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.

DCF 201.044(2)(e) (e) The withholding of payments under par. (d) is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

DCF 201.044(2)(f) (f) If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

DCF 201.044(3) (3) Payment amount.

DCF 201.044(3)(a) (a) The department shall determine the amount of an incentive payment earned by a local agency under sub. (2) by multiplying all of the following amounts:

DCF 201.044(3)(a)1. 1. The statewide average monthly subsidy payment per child in the preceding fiscal year.

DCF 201.044(3)(a)2. 2. The average monthly number of children for whom payment was authorized to the provider under s. DCF 201.04 (2g) in the 12 months before the local agency or the department withheld payments under sub. (2) (d). If payment was not authorized to the provider for all of the preceding 12 months, the average monthly number of children for the number of months that payment was authorized.

DCF 201.044 Note Note: Section DCF 201.04 (2g) was repealed by CR 18-088. Corrections will be made in future rulemaking.

DCF 201.044(3)(a)3. 3. 1.5 months.

DCF 201.044(3)(b) (b) An incentive payment earned by a local agency for identifying fraud in the child care subsidy program under sub. (2) by a single child care provider may not exceed $25,000.

DCF 201.044(3)(c) (c) A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program under sub. (2) by more than one child care provider in that year.

DCF 201.044(4) (4) Use of incentive funds. A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following purposes:

DCF 201.044(4)(a) (a) The local agency’s child care fraud contract with the department for the following year.

DCF 201.044(4)(b) (b) The local agency’s current child care fraud contract with the department if the request is made in the first half of the contract term.

DCF 201.044 Note Note: Contracts with counties are based on a calendar year and contracts with tribes are based on a federal fiscal year.

DCF 201.044(4)(c) (c) Any purpose that is consistent with the state plan under 42 USC 602 for the use of federal funds under the Temporary Assistance to Need Families program under 42 USC 601 et seq for the time period when the funding is distributed if the state plan has been approved by the federal administration for children and families.

DCF 201.044 Note Note: The currently-approved state plan is available on the department’s website, http://dcf.wisconsin.gov, by clicking on About Us/Department Programs/Temporary Assistance to Needy Families.

DCF 201.044(4)(d) (d) If pars. (a) to (c) do not apply, any purpose for which funds under the Temporary Assistance for Needy Families program may be used under 42 USC 601 et seq if the federal administration for children and families approves an amendment to the state plan under 42 USC 602 that allows that purpose.

DCF 201.044 History History: CR 14-030: cr. Register August 2015 No. 716, eff. 9-1-15; renum. from DCF 201.41 under s. 13.92 (4) (b) 1., Stats., Register August 2015 No. 716; EmR1709: emerg. renum. DCF 201.035 to DCF 201.044 eff. 5-4-17; CR 17-033: renum. DCF 201.035 to DCF 201.044 Register January 2018 No. 745, eff. 2-1-18.

DCF 201.06 DCF 201.06 Establishing maximum rates.

DCF 201.06(1) (1) Rate grouping.

DCF 201.06(1)(a) (a) County. The department shall set maximum rates for child care services in each county within the state. A tribal area shall be included in the county in which it is geographically located.

DCF 201.06(1)(b) (b) Age groups. Within each county, the department shall set maximum rates for the following age groups:

DCF 201.06(1)(b)1. 1. Infants and toddlers under 2 years of age.

DCF 201.06(1)(b)2. 2. Children 2 years of age and over, but under age 4.

DCF 201.06(1)(b)3. 3. Children 4 years of age and over, but under age 6.

DCF 201.06(1)(b)4. 4. Children ages 6 to 13 years.

DCF 201.06(1)(c) (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:

DCF 201.06(1)(c)1. 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.

DCF 201.06(1)(c)2. 2. Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250.

DCF 201.06(1)(c)3. 3. Level I regular certified child care providers under s. 48.651 (1) (a), Stats., and ch. DCF 202.

DCF 201.06(1)(c)4. 4. Level II provisional certified child care providers under s. 48.651 (1) (b), Stats., and ch. DCF 202.

DCF 201.06(2) (2) Survey of licensed centers and day camps.

DCF 201.06(2)(a) (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.

DCF 201.06(2)(b) (b) The department shall include only child care prices and registration fee amounts submitted in writing in the survey results.

DCF 201.06(3) (3) Maximum rates for licensed centers and day camps.

DCF 201.06(3)(a) (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.

DCF 201.06(3)(b) (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.

DCF 201.06(3)(c) (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:

DCF 201.06(3)(c)1. 1. The center or day camp operates less than 5 days a week or 5 hours a day.

DCF 201.06(3)(c)2. 2. The center or day camp has not established full-time weekly or full-time monthly child care prices.

DCF 201.06(3)(c)3. 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.

DCF 201.06(3)(d) (d) Sibling rates. The department may not establish reduced maximum rates for siblings.

DCF 201.06(4) (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:

DCF 201.06(4)(c) (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).

DCF 201.06(4)(d) (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).

DCF 201.06(5) (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).

DCF 201.06(6) (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.

DCF 201.06(7) (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.

DCF 201.06 History 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 DCF 201.065 Parent appeal rights.

DCF 201.065(1) (1) Right to appeal.

DCF 201.065(1)(a) (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:

DCF 201.065(1)(a)1. 1. Denial of an application in whole or in part.

DCF 201.065(1)(a)2. 2. Failure to act on an application within 30 days.

DCF 201.065(1)(a)3. 3. Reduction, suspension, or termination of child care subsidy payments.

DCF 201.065(1)(a)4. 4. The determination of the amount and initial eligibility date of receipt of child care subsidy payments.

DCF 201.065(1)(a)5. 5. Denial of a request for a hardship authorization under s. DCF 201.039 (13) or (14).

DCF 201.065(1)(b) (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.

DCF 201.065(1)(c) (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.