Register April 2013 No. 688
Chapter DCF 201
ADMINISTRATION OF CHILD CARE FUNDS
DCF 201.01 Authority, purpose, and applicability.
DCF 201.03 Department of children and families powers and responsibilities.
DCF 201.04 Policies for child care services through the voucher system.
DCF 201.045 Payment of child care costs outside of the voucher system.
DCF 201.05 Child care administrative agency responsibilities.
DCF 201.06 Establishing county and tribal child care rates.
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Note: Sections HSS 55.70 to 55.77 as they existed on February 28, 1997 were repealed and a new chapter DWD 56 was created effective March 1, 1997.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
Authority, purpose, and applicability. This chapter is promulgated under the authority of s.
49.155, Stats., excluding s.
49.155 (1d) and
(1g), Stats., and s.
227.11 (2), Stats., to provide definitions, procedures, and standards for the administration of child care funds. This chapter applies to the department, county and tribal agencies, child care administrative agencies, Wisconsin works agencies, private agencies under contract to administer child care funds, licensed and certified 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.
DCF 201.02
DCF 201.02
Definitions. In this chapter:
DCF 201.02(2)
(2) "Center slots" or "slots" means the number of places for children within the licensed capacity of a day care center.
DCF 201.02(2m)
(2m) "Certification agency" means the department in a county having a population of 500,000 or more or any agency that has a contract with the department to certify child care providers under s.
48.651, Stats., and
ch. DCF 202 in a particular county or tribal area.
DCF 201.02(3)
(3) "Child care administrative agency" or "agency" means any agency that has a contract with the department to administer child care funds; or any agency that has a subcontract to administer child care funds with an agency that has a contract with the department; or, in a county having a population of 500,000 or more, the department or the "unit" as defined in s.
49.825 (1) (e), Stats.
DCF 201.02(5)
(5) "Child care price" means the amount regularly charged by a provider to a parent who pays for the child care services out of his or her personal funds.
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., or established or contracted for under s.
120.13 (14), Stats.
DCF 201.02(7)
(7) "Child care worker" means a person employed by a child care administrative agency whose duties include determining or redetermining child care subsidy eligibility, authorizing child care funds, making child care payments to providers, or determining and processing the recoupment of child care parent and provider overpayments.
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(7r)
(7r) "Debtor" means a person who received an overpayment of reimbursements for care of children whose care is subsidized under s.
49.155, Stats., 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 Note
Note: Section
49.141 (1) (s), Stats., provides: "`Wisconsin works group' means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin Works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent."
DCF 201.02(11)
(11) "Food stamp employment and training program" means the program established under s.
49.79 (9) (b), Stats., for the purpose of assisting food stamp recipients to develop marketable work skills and obtain gainful employment.
DCF 201.02(13)
(13) "Income" means money, wages or salary, net income from self-employment, social security, dividends, interest on savings or bonds, income from estates or trusts, net rental income or royalties, public assistance, Supplemental Security Income (SSI), pensions and annuities, unemployment insurance, worker's compensation, alimony and other maintenance payments, and veteran pensions.
DCF 201.02(14)
(14) "In-home provider" means a person caring for a child in the child's own home.
DCF 201.02 Note
Note: Section
48.57 (3m) (a) 2. and
(3n) (a) 2., Stats., provide that a "kinship care relative" and a "long-term kinship care relative" mean "a stepparent, brother, sister, stepbrother, stepsister, first cousin, nephew, niece, aunt, uncle or any person of a preceding generation as denoted by the prefix of grand, great or great–great, whether by consanguinity, direct affinity or legal adoption, or the spouse of any person named in this paragraph, even if the marriage is terminated by death or divorce."
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 Note
Note: Section
49.155 (1) (c), Stats., provides: "Notwithstanding s.
49.141 (1) (j), `parent' means a custodial parent, foster parent, legal custodian or person acting in place of a parent."
DCF 201.02(18)
(18) "Poverty line" means the annually updated poverty income thresholds by family size published by the U.S. department of health and human services in the federal register.
DCF 201.02(19)
(19) "Rate" means the maximum amount a child care administrative agency will pay for child care.
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(22)
(22) "Tribe" means a Wisconsin American Indian tribe recognized by the federal government.
DCF 201.02(23)
(23) "Voucher" means an authorization for reimbursement.
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 Note
Note: Section
DCF 101.03 (38), provides: "`Wisconsin works agency' or `W–2 agency' means a person, county agency, tribal governing body, or a private agency contracted under s.
49.143, Stats., by the department to administer the Wisconsin works program under ss.
49.141 to
49.161, Stats., and this chapter. If no contract is awarded under s.
49.143, Stats., `Wisconsin works agency' means the department."
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.
DCF 201.03
DCF 201.03
Department of children and families powers and responsibilities. DCF 201.03(1)
(1)
General. The department shall maintain oversight responsibility for administration by child care administrative agencies of the child care funding program.
DCF 201.03(2)
(2) Rate approval. The department shall review and approve the methods employed by counties and tribes for determining child care rates as required under
ss. DCF 201.05 (3) and
201.06.
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 funding program.
DCF 201.03(5)(a)(a) The department shall annually review child care rates set by each child care administrative agency and shall approve or disapprove each agency's rates based on the following criteria:
DCF 201.03(5)(a)2.
2. Whether the rate-setting method documents that the maximum allowable rates permit all eligible parents a reasonable choice of day care providers.
DCF 201.03(5)(b)
(b) The department may grant a variance to a nonstatutory requirement under
ss. DCF 201.04 to
201.06 on written request of a child care administrative agency if the department is convinced that an alternative means meets the intent of the requirement.
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.
DCF 201.04
DCF 201.04
Policies for child care services through the voucher system. DCF 201.04(1)(a)(a) A child care administrative agency may authorize payment for child care services provided by any of the following child care providers:
DCF 201.04(1)(a)2.
2. Providers certified by a certification agency under standards specified in
s. DCF 202.08 or
202.09. The child care administrative agency may authorize payment to providers who become certified from the date the certification application was received by the certification agency.
DCF 201.04(1)(b)
(b) A child care administrative agency may authorize payment for services from other than a child care provider under
par. (a) only if at least one of the following conditions is met:
DCF 201.04(1)(b)1.
1. The care is an arrangement for parents in training, orientation or counseling programs and the child care is provided at the training, orientation or counseling site.
DCF 201.04(1)(b)2.
2. The care is a short-term arrangement when a child is ill and not able to receive care from a child care provider under
s. DCF 201.02 (6) or the provider has an emergency due to illness or other circumstance.
DCF 201.04(1)(b)3.
3. The care permits a Wisconsin works applicant to participate in job search, training or orientation under s.
49.147 (2) (a), Stats., prior to the development of an employability plan.
DCF 201.04(1)(b)4.
4. The care is for a food stamp employment and training program enrollee to attend a program activity prior to the development of an employability plan.
DCF 201.04(1)(c)
(c) A child care administrative agency may not authorize payment to a person legally responsible for a child under s.
49.90, Stats., for child care services.
DCF 201.04(1)(e)
(e) A certified in-home care arrangement may be authorized by a child care administrative agency for reimbursement only in one of the following circumstances:
DCF 201.04(1)(e)2.
2. Licensed or certified care is not available during the times care is needed, such as during evening hours.
DCF 201.04(1)(e)4.
4. Licensed or certified care is not available within a reasonable geographic distance.
