DCF 201.039(11)(a)1.a. a. The parent has submitted a request for assistance or has completed the annual redetermination of eligibility for the child care subsidy program.
DCF 201.039(11)(a)1.b. b. The child is receiving child care services from a child care provider.
DCF 201.039(11)(a)1.c. c. The provider is in compliance with the requirements of s. DCF 201.038 (1).
DCF 201.039(11)(a)2. 2. Notwithstanding subd. 1., if an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment beginning on the later of the date of child placement or the first day of the month in which the parent submitted the request for assistance or the first day of the month of the parent's eligibility redetermination if all of the following conditions are met:
DCF 201.039(11)(a)2.a. a. The parent is a kinship care relative receiving payments under s. 48.57 (3m), Stats., and is providing care and maintenance for the child who is placed in the kinship care relative's home pursuant to a court order.
DCF 201.039(11)(a)2.b. b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.
DCF 201.039(11)(b) (b) Authorization more than 30 days after request for assistance or redetermination. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment for child care services beginning the first day of the month in which the parent submits the information required under sub. (2) if all of the conditions in par. (a) 1. a. to c. are met.
DCF 201.039(12) (12)New child care provider effective following month. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent's intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month.
DCF 201.039(13) (13)New provider effective in current month due to hardship. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent's intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective in the current month if the conditions in pars. (a) and (b) are met, as follows:
DCF 201.039(13)(a) (a) The assistance group is experiencing circumstances that create an unforeseen hardship for the child to continue to attend the authorized provider for the remainder of the month due to any of the following:
DCF 201.039(13)(a)1. 1. Travel to the authorized provider has become unreasonable due to any of the following:
DCF 201.039(13)(a)1.a. a. The assistance group relocated to escape domestic abuse.
DCF 201.039(13)(a)1.b. b. The assistance group was evicted from their home.
DCF 201.039(13)(a)1.c. c. The assistance group was formerly homeless and has moved into stable housing.
DCF 201.039(13)(a)1.d. d. The location of the parent's approved activity suddenly changed.
DCF 201.039(13)(a)2. 2. The authorized provider is unable to meet the assistance group's need for child care after any of the following:
DCF 201.039(13)(a)2.a. a. The schedule of the parent's approved activity suddenly changed.
DCF 201.039(13)(a)2.b. b. The death or unexpected departure of a parent.
DCF 201.039(13)(a)2.c. c. The child is expelled due to behavior issues.
DCF 201.039(13)(a)2.d. d. The child has a special need that is no longer met by the provider.
DCF 201.039(13)(a)2.e. e. The child has a medical need that cannot be met by the provider.
DCF 201.039(13)(a)3. 3. The authorized provider is no longer available to provide child care services due to any of the following:
DCF 201.039(13)(a)3.a. a. The provider suddenly stops providing child care services.
DCF 201.039(13)(a)3.b. b. The provider's regulatory approval has been suspended or revoked.
DCF 201.039(13)(a)3.c. c. Damage to the provider's facility has created an unsafe environment for children.
DCF 201.039(13)(a)3.d. d. Regulatory restrictions on the number of children, hours of operation, or provider-to-child ratios.
DCF 201.039(13)(a)4. 4. There is alleged abuse or neglect of the child by the provider, and a complaint has been made to the appropriate certification or licensing agency.
DCF 201.039(13)(a)5. 5. Continuing to receive child care from the authorized provider threatens the safety of the parent or child.
DCF 201.039(13)(a)6. 6. Other circumstances outside the parent's control as approved by the department.
DCF 201.039(13)(b) (b) The parent notifies the agency of the applicable circumstances in par. (a) within 10 days after the circumstances begin.
DCF 201.039(14) (14)New provider effective in current month for sibling. A child care administrative agency may authorize payment for child care by a new provider effective in the current month for the sibling of a child whose circumstances qualify for a hardship authorization under sub. (13) if the sibling attends the same child care provider.
DCF 201.039 History History: EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in numbering (13) (intro.) made under s. 13.92 (4) (b) 7., Stats., correction in (13) (a) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-088: r. and recr. (1), am. (2) (c), cr. (2g), (2r), r. and recr. (4) (title), renum. (4) to (4) (a) and am., cr. (4) (b), am. (5) (a), (7) (title), r. and recr. (7) (a) 5., am. (7) (a) 6. a., (10) (a), cr. (10m), am. (11) (a) (title), 1. (intro.), a., 2. (intro.), a., (b), (13) (a) (intro.), 1. a., b., c., 2. (intro.) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) 1. made under s. 35.17, Stats., Register July 2019 No. 763; correction in (1) (b) 2. made under s. 35.17, Stats., Register March 2020 No. 771.
DCF 201.04 DCF 201.04Payments and overpayments.
DCF 201.04(1)(1)General. The child care subsidy in a parent's account may only be used to compensate a provider that is in compliance with s. DCF 201.038 (1) for child care authorized under s. DCF 201.039 for the child of a parent eligible under s. 49.155 (1m), Stats., and provided within the terms of the provider's regulation and the parent's authorization.
DCF 201.04(2) (2)Payments.
DCF 201.04(2)(a)(a) Amount. The amount of a monthly subsidy payment shall be based on the number of hours of child care that an agency authorizes and any of the following that are applicable:
DCF 201.04(2)(a)1. 1. For care by a provider licensed under s. 48.65, Stats., the lower of the provider's child care price or the applicable maximum rate under s. DCF 201.06 (4), minus any copayment required under s. DCF 201.08.
DCF 201.04(2)(a)2. 2. For care by a provider certified under s. 48.651, Stats., the applicable rate under s. DCF 201.06 (5), minus any copayment required under s. DCF 201.08.
DCF 201.04(2)(a)3. 3. For care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., the applicable rate under s. DCF 201.06 (6), minus any copayment required under s. DCF 201.08.
DCF 201.04(2)(ag) (ag) Decreases in the subsidy amount during the 12-month eligibility period. During a parent's 12-month eligibility period, the amount of a child care subsidy payment may not be decreased, unless any of the following conditions are met:
DCF 201.04(2)(ag)1. 1. The parent voluntarily requests fewer hours of subsidized child care.
DCF 201.04(2)(ag)2. 2. An assessment of the assistance group's child care needs is required under s. DCF 201.039 (1) (c) and the child care administrative agency issues an authorization for fewer hours.
DCF 201.04(2)(ag)3. 3. The parent agrees to fewer hours of subsidized child care under s. DCF 201.039 (2g) (b).
DCF 201.04(2)(ag)4. 4. The parent's copayment increases due to an increase in the income of the assistance group under s. DCF 201.08 (4) (b) or (c).
DCF 201.04(2)(ar) (ar) Reduction in provider quality rating. The reduction of a parent's child care subsidy payment following a reduction in the quality rating of the parent's provider from a 3-star rating under s. 49.155 (6) (e) 3. c., Stats., to a 2-star rating under s. 49.155 (6) (e) 3. b., Stats., may not become effective until the parent's next eligibility redetermination.
DCF 201.04(2)(b) (b) Electronic. The department may issue all payments by electronic funds transfer.
DCF 201.04(2)(c) (c) Expiration. A parent's subsidy payment shall expire 90 days after the date that the department issues the payment to the parent.
DCF 201.04(2)(d) (d) Billing and collecting. A parent's child care provider is responsible for billing and collecting payment for child care services from the parent.
DCF 201.04(3) (3)Inactive account. The department may terminate a parent's authorization and retract all child care subsidy funds in the parent's account if the parent has not paid any of the child care subsidy to the provider within the previous 90 days.
DCF 201.04(4) (4)Intentional program violation. A child care administrative agency shall consider a parent's attempt to sell access to the parent's child care subsidy account to an unauthorized person to be an intentional program violation under s. 49.151 (2), Stats.
DCF 201.04(5) (5)Overpayment recovery and penalties.
DCF 201.04(5)(a)(a) Parent overpayments.
DCF 201.04(5)(a)1.1. A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of payment under the child care subsidy program and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under the requirements of the child care subsidy program. Section DCF 101.23 shall apply to overpayment collection from a parent under this section.
DCF 201.04(5)(a)2. 2. An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care subsidy payment or ineligibility for the child care subsidy program due to any reason, including the following:
DCF 201.04(5)(a)2.a. a. The parent failed to report a change in circumstances that may affect his or her eligibility within 10 days after the change.
DCF 201.04(5)(a)2.b. b. The parent was absent from an approved activity under s. 49.155 (1m) (a), Stats., without good cause, while the child was in the care of the provider.
DCF 201.04(5)(a)3. 3. The child care administrative agency shall determine good cause under subd. 2. b. if the approved activity is employment. A parent's absence from employment shall be considered good cause if the parent is using employer-approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized.
DCF 201.04(5)(b) (b) Provider overpayments. A child care administrative agency or the department shall take all reasonable steps necessary to recoup or recover from a provider any overpayments made for child care services for which the provider was responsible or overpayments caused by administrative error that benefited the provider. A provider shall be responsible for an overpayment if any of the following conditions are met:
DCF 201.04(5)(b)2. 2. A provider was paid with child care funds for care provided at a location other than the location for which the authorization for care was issued, except for field trips.
DCF 201.04(5)(b)3. 3. A provider was paid with child care funds for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6), 250.05 (4), 251.05 (4), or 252.42 (3).
DCF 201.04(5)(b)4. 4. A provider was paid with child care funds for care during time when the provider was in violation of the terms of the provider's license under s. DCF 250.04 (1), 251.04 (1), or 252.05 (3), including age of the children served by the center and hours, days, and months of operation of the center.
DCF 201.04(5)(b)5. 5. A provider misrepresented information that resulted in the provider receiving a higher star rating and a higher maximum rate than the provider was eligible to receive under the child care quality rating system in ss. 48.659 and 49.155 (6) (e), Stats.
DCF 201.04(5)(bm) (bm) Joint liability. A provider and parent shall be jointly and severally liable for an overpayment if the provider and parent collude to violate a requirement under this chapter or s. 49.155, Stats.
DCF 201.04(5)(c) (c) Penalties for subsidy violations. If a child care provider submits false, misleading, or irregular information to a child care administrative agency or the department or if a child care provider fails to comply with the terms of the program in s. 49.155, Stats., or this chapter and the provider fails to provide to the satisfaction of the department an explanation for the noncompliance, the child care administrative agency or department may take one or more of the following steps:
DCF 201.04(5)(c)1. 1. Refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months.
DCF 201.04(5)(c)2. 2. Revoke existing child care authorizations to the provider.
DCF 201.04(5)(c)3. 3. Refuse to issue payments to the provider, in addition to the authority granted to the department under s. 49.155 (7) (b) 4., Stats.
DCF 201.04 Note Note: Section 49.155 (7) (b) 4., Stats., has been repealed. Corrections will be made in future rulemaking.
DCF 201.04(5)(c)4. 4. Recoup overpayments under par. (e) or (ed).
DCF 201.04(5)(c)5. 5. Impose a forfeiture on the provider under par. (cg).
DCF 201.04(5)(cg) (cg) Forfeitures. A child care administrative agency or the department may impose a forfeiture of $100 to $10,000 on a child care provider if the provider intentionally or egregiously violates a provision in this chapter or s. 49.155, Stats. In determining the amount of the forfeiture, the child care administrative agency or department shall identify specific dates relating to a specific child for any violations and shall consider the following factors:
DCF 201.04(5)(cg)1. 1. Seriousness of the violations.
DCF 201.04(5)(cg)2. 2. Extent of the violations.
DCF 201.04(5)(cg)3. 3. History of prior violations.
DCF 201.04(5)(cg)4. 4. Prior imposition of penalties.
DCF 201.04(5)(cg)5. 5. Provider willingness to obey program rules.
DCF 201.04(5)(cg)6. 6. The size and type of child care provider.
DCF 201.04(5)(cr) (cr) Licensing or certification violations. If the department or a certification agency has given notice to a provider that the provider is in violation of applicable licensing or certification rules under ch. DCF 202, 250, 251, or 252 and the provider has not corrected the violation, the department or child care administrative agency may refuse to issue new child care authorizations, revoke existing child care authorizations, or refuse to issue payments until the provider has corrected the violation and demonstrated sufficient controls to ensure that the violation or comparable violations are unlikely to occur again.
DCF 201.04(5)(d) (d) Notice. If the department or a child care administrative agency refuses to issue new authorizations, revokes existing authorizations, or refuses to issue payments to a provider under par. (c) or (cr), the child care administrative agency or the agency shall provide written notice to the parent and provider as soon as possible before the effective date of the penalty.
DCF 201.04(5)(e) (e) Recoup from funds payable to continuing provider. If a provider has not repaid an overpayment, the child care administrative agency or department may recover the overpayment by recouping from current or future funds under its control that are payable to the provider of no more than 50 percent of each payment if the provider is expected to continue to care for children whose care is subsidized under s. 49.155, Stats.
DCF 201.04(5)(ed) (ed) Recoupment from funds payable to provider who is not continuing. If a provider or former provider has not repaid an overpayment and the provider or former provider is not expected to continue to care for children whose care is subsidized under s. 49.155, Stats., the child care administrative agency or department may recover the overpayment by recouping 100 percent of funds under its control that are payable to the provider or former provider.
DCF 201.04(5)(eh) (eh) Warrant and execution under section 49.195 (3m), Stats.
DCF 201.04(5)(eh)1.1. `Creation of lien.'
DCF 201.04(5)(eh)1.a.a. If the department does not receive a debtor's payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.
DCF 201.04(5)(eh)1.b. b. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.
DCF 201.04(5)(eh)1.c. c. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.
DCF 201.04(5)(eh)1.d. d. A warrant issued under subd. 2. b. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor's right, title, and interest in all real and personal property located in the county in which the warrant is entered.
DCF 201.04(5)(eh)1.e. e. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. 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. The department may not withdraw a warrant based on a request for hearing.
DCF 201.04(5)(eh)2. 2. `Execution of the warrant.'
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.