State of Wisconsin
Department of Children and Families.
Fees for Child Welfare and Community-Based Youth Justice Services
The Wisconsin Department of Children and Families proposes to create ch. DCF 1, relating to fees for child welfare and community-based youth justice services. Analysis Prepared by the Department of Children and Families
Related law: Sections 46.03 (18), 46.10 (14), 48.30 (6) (b), 48.31 (7) (b), 48.33 (4) (b) and (4m), 48.357 (5m), 48.36, 48.362 (4) (c), 49.34 (4) (e), 301.12 (14), 701.0503 (2), 859.02, 859.07 (2) (a), 859.15, 893.40, and 893.87, Stats.; Chapters DHS 1 and DCF 150 Explanation of Agency Authority
Section 49.32 (1), Stats., provides that the department shall establish a uniform system of fees for services provided or purchased by the department or by a county department of social services or human services under the children’s code in ch. 48, Stats.; children and family support services under subch. III of ch. 49, Stats.; and community−based juvenile delinquency-related services under ch. 938, Stats., except as provided under ss. 49.345 (14) (b) and (c) and 49.22 (6), Stats. The uniform system of fees does not apply when the department determines that a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. Section 49.345 (14) (a), Stats., provides that, except when child support is ordered under s. 49.345 (14) (b) and (c), Stats., liability for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost−based fee established under s. 49.32 (1), Stats. Section 49.345 (14) (g), Stats., provides that for purposes of determining child support under s. 49.345 (14) (b), Stats., the department shall promulgate rules related to the application of the standard established by the department under s. 49.22 (9), Stats., to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.32, 48.355, 48.357, 938.183, 938.355, or 938.357, Stats., in a residential, nonmedical facility, such as a foster home, group home, subsidized guardianship home, or residential care center for children and youth. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support. Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency. Summary of the Proposed Rule
Under the proposed rule, 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. Billing for fees is based on a liable individual’s ability to pay. A maximum monthly payment amount is determined based on the income of the liable individual’s family, the number of individuals in the family, and the maximum monthly payment schedule. County departments and the department are required to send a monthly bill to liable individuals if the family’s maximum monthly payment amount is above $0 and may not engage in collection efforts if the family’s maximum monthly payment amount is $0. The procedures required under ch. DCF 1 are largely the same as those under the ch. DHS 1 fee rule. County departments of social and human services indicated to the department that this is important to them since clients will often be receiving services from programs administered by both departments. The minor differences between the two rules include the following:
The establishment of some fees under ch. DHS 1 require county board approval. Chapter DCF 1 requires that county departments and the department make printed and electronic information widely available on the services for which a fee is charged and the amount of the fees. It also requires written notice to liable individuals about a fee before the service is provided or as soon as feasible after the service begins.
Chapter DCF 1 allows use of information in the county department’s or the department’s records about the liable individual and the individual’s family when determining a family’s maximum monthly payment amount in addition to, or in place of, information on a financial responsibility form completed by a liable individual.
Chapter DCF 1 requires that a single maximum monthly payment amount be determined 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 ch. DCF 1 or DHS 1.
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.
