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.