Chapter DCF 201

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DCF 201.044 Note Note: Section DCF 201.04 (2g) was repealed by CR 18-088.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.

DCF 201.065(1)(d) (d) No appeal of payment expiration. A parent may not appeal the expiration of a subsidy payment under s. DCF 201.04 (2r) (b).

DCF 201.065(2) (2) Procedure.

DCF 201.065(2)(a) (a) A request for a hearing may be made by an individual who has a right to appeal under sub. (1) or someone with legal authority to act on their behalf.

DCF 201.065(2)(b) (b)

DCF 201.065(2)(b)1. 1. A request for a hearing of an action under sub. (1) (a) or (b) shall be in writing and received at the address specified on the notice within 45 days after the date printed on the notice.

DCF 201.065(2)(b)2. 2. A request for a hearing of a determination under sub. (1) (c) shall be in writing and received at the address specified on the notice within 30 days after the date printed on the notice.

DCF 201.065(2)(c) (c) Upon receipt of a timely request for hearing, the department or the division of hearings and appeals under s. 227.43, Stats., shall give the individual a hearing as follows:

DCF 201.065(2)(c)1. 1. A fair hearing under ch. 227, Stats., and ch. HA 3 for an action under sub. (1) (a) or (b).

DCF 201.065(2)(c)2. 2. A contested case hearing under ch. 227, Stats., and ch. HA 1 for an action under sub. (1) (c).

DCF 201.065 History History: CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in (2) (c) 1. and 2. made under s. 35.17, Stats., Register January 2018 No. 745; correction in (1) (d) made under s. 13.92 (4) (b) 7., Register January 2024 No. 817.

DCF 201.07 DCF 201.07 Provider appeal rights.

DCF 201.07(1) (1) A child care provider who contests any of the following actions may request a departmental review:

DCF 201.07(1)(a) (a) Refusal to issue new child care authorizations.

DCF 201.07(1)(b) (b) Revocation of existing child care authorizations.

DCF 201.07(1)(c) (c) Refusal to issue payment to the provider.

DCF 201.07(1)(d) (d) Determination of the provider’s payment amount.

DCF 201.07(1)(e) (e) Collection of an overpayment, including the determination of the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 201.04 (5) (eh), levy under s. DCF 201.04 (5) (ep), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The provider 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 201.07(1)(f) (f) Issuance of a forfeiture.

DCF 201.07(2) (2) A request for a departmental review may be made by a child care provider or someone with legal authority to act on their behalf.

DCF 201.07(3) (3) A request for a departmental review shall be in writing and received at the address provided on the notice within 30 days from the date printed on the notice of action under sub. (1).

DCF 201.07(4) (4) Upon receipt of a timely request for departmental review, the department shall give the child care provider a contested case hearing under ch. 227, Stats., and ch. HA 1.

DCF 201.07(5) (5) The department may contract with the division of hearings and appeals to conduct the review.

DCF 201.07 History History: CR 02-104: cr. Register March 2003 No. 567, eff. 4-1-03; EmR1027: emerg. am. (1) (e), cr. (1) (f), eff. 7-9-10; CR 10-086: am. (1) (e), cr. (1) (f) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 17-033: am. (4) Register January 2018 No. 745, eff. 2-1-18; correction in (4) made under s. 35.17, Stats., Register January 2018 No. 745.

DCF 201.08 DCF 201.08 Parent copayments.