Alert! This chapter may be affected by an emergency order:
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.
DCF 201.06(2)(b) (b) The department shall include only child care prices 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.
DCF 201.06(4)(a)(a) Percentage of licensed rates. 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)(a)1. 1. 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)(a)2. 2. 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(4)(b) (b) In-home provider. Notwithstanding par. (a), the rate for a certified in-home provider who is providing child care services for 15 or more hours per week is the applicable minimum wage, regardless of the number of children receiving care.
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.
DCF 201.065 DCF 201.065Parent 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 (2) (c).
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)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.
DCF 201.07 DCF 201.07Provider 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 201.08Parent copayments.
DCF 201.08(1)(1)Schedule.
DCF 201.08(1)(a)(a) The department shall set a schedule for parent copayment responsibilities for all parents who receive a child care subsidy, except as provided under sub. (2). Copayment amounts will be based on the size of the assistance group, the assistance group's gross income, the number of children in the assistance group in child care, and the number of hours authorized for a child care subsidy. The copayment schedule is provided in Table DCF 201.08.
DCF 201.08(1)(b) (b) A parent's share of payment may be more than the copayment amount determined using the copayment schedule in Table DCF 201.08. If a provider's price is higher than the department's maximum rate, the parent's share of payment will be the difference between the provider's price and the subsidy payment, plus any additional fees the provider charges.
DCF 201.08(2) (2)Exceptions.
DCF 201.08(2)(am) (am) Notwithstanding sub. (1), no parent may be assessed any copayment responsibility if any of the following conditions are met:
DCF 201.08(2)(am)1. 1. The parent is the child's foster parent.
DCF 201.08(2)(am)2. 2. The parent is the child's subsidized guardian or interim caretaker under s. 48.623, Stats.
DCF 201.08(2)(am)3. 3. The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child was placed in the kinship care relative's home under a court order.
DCF 201.08(2)(am)4. 4. The biological parent of the child is a minor attending school subject to the requirements of s. 49.26, Stats.
DCF 201.08 Note Note: Section 49.26 (1) (e), Stats., prohibits copayment responsibility for a minor teen parent who is attending school subject to the Learnfare school attendance requirement.
DCF 201.08(2)(bm) (bm) A parent shall be assessed the minimum copayment amount for the number of children in the assistance group under Table DCF 201.08 if any of the following conditions are met:
DCF 201.08(2)(bm)1. 1. The parent is the kinship care relative of a child that was not placed in the relative's home under a court order.
DCF 201.08(2)(bm)2. 2. The parent is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency to high school graduation.
DCF 201.08(2)(cm) (cm) A parent that leaves a Wisconsin works position for unsubsidized employment shall be assessed the minimum copayment based on the number of children in the assistance group for whom the parent is receiving a child care subsidy until the parent's next eligibility redetermination.
DCF 201.08(2)(dm) (dm) A parent that no longer meets the conditions of this subsection due to a change in circumstances, such as adoption of the child, may not be assessed the full copayment responsibility until the parent's next eligibility redetermination.
DCF 201.08 Note Note: If a provider's price is higher than the department's maximum rate, a parent with no copayment responsibility under this section will still be responsible for the difference between the provider's price and the subsidy amount, plus additional fees the provider charges.
DCF 201.08(3) (3)Adjustments.
DCF 201.08(3)(a) (a) The department may adjust the amounts in the schedule to reflect the following factors:
DCF 201.08(3)(a)1. 1. A change in child care prices or rates.
DCF 201.08(3)(a)2. 2. A change in the funding available for the child care subsidy program.
DCF 201.08(3)(a)3. 3. A change in costs due to a change in the consumer price index.
DCF 201.08(3)(a)4. 4. A change in the federal poverty level.
DCF 201.08(3)(a)5. 5. A change in economic factors affecting the cost of child care to the state, such as an increase in demand for the child care subsidy program.
DCF 201.08(3)(a)6. 6. Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy.
DCF 201.08(3)(a)7. 7. The purposes of the child care subsidy program.
DCF 201.08(3)(b) (b) The department shall publish adjustments to the copayment schedule in the Wisconsin administrative register.
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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.