DCF 201.06(2)(a)(a)
Licensed group day care centers. In setting maximum rates for licensed group day care centers, the child care administrative agency shall comply with the following:
DCF 201.06(2)(a)1.
1. Maximum rates shall be set so that at least 75% of the group day care center slots in the county or tribal area may be purchased at or below the maximum rate. The number of slots attributed to a center shall be equal to the center's licensed capacity.
DCF 201.06(2)(a)2.
2. In determining whether 75% of the day care slots can be purchased at or below the maximum rate, the child care administrative agency may exclude day care centers that operate less than 5 days a week or 5 hours a day, receive funding from a county department established under s.
51.42 or
51.437, Stats., do not have a set full-time, weekly child care price, or at which more than 75% of the children's care is subsidized under s. s.
49.155, Stats., excluding s.
49.155 (1d) and
(1g), Stats.
DCF 201.06(2)(b)
(b)
Licensed family day care centers. In setting maximum rates for licensed family day care centers, the child care administrative agency shall comply with the following:
DCF 201.06(2)(b)1.
1. Maximum rates shall be set so that at least 75% of the family day care center slots in the county or tribal area may be purchased at or below the maximum rates. The number of slots attributed to a center shall be equal to the center's licensed capacity. In determining whether 75% of the day care slots can be purchased at or below the maximum rate, the child care administrative agency may exclude day care centers that operate less than 5 days a week or 5 hours a day, receive funding from a county department established under s.
51.42 or
51.437, Stats., do not have a set full-time, weekly child care price, or at which more than 75% of the children's care is subsidized under s.
49.155, Stats., excluding s.
49.155 (1d) and
(1g), Stats.
DCF 201.06(2)(c)
(c)
Certified family day care. To the extent permitted by federal statutes and regulations, maximum rates for certified family day care shall comply with s.
49.155 (6) (b) and
(c), Stats.
DCF 201.06(2)(d)
(d)
In-home day care. For in-home care, the child care administrative agency shall establish the maximum rate at the level of no less than the state minimum wage established under
ch. 104, Stats., and
ch. DWD 272. The child care administrative agency may authorize payment to the child care provider at the local reimbursement rate for the type of care provided multiplied by the number of children in care if this rate exceeds the minimum wage.
DCF 201.06(2)(e)
(e)
Other day care providers. For a day care program established or contracted for by a school board or for a certified school-age day care program, the child care administrative agency shall establish maximum rates in accordance with
par. (a).
DCF 201.06(3)(a)(a)
Special need child. A rate higher than the maximum allowed under
subs. (1) and
(2) may be set on a case-by-case basis for child care for a child with a special need.
DCF 201.06(3)(b)
(b)
Higher quality. Rates higher than the maximum rates allowed under
subs. (1) and
(2) shall be paid to child care providers who meet higher quality of care standards under
ss. DCF 203.03 and
203.04, up to maximums determined by the department.
DCF 201.06(4)
(4) Special rates. A child care administrative agency may set maximum reimbursement rates that are different from the rates allowed under
subs. (1) and
(2) for child care provided for less than a 2-week period, provided sporadically or provided for care of an ill child through negotiations with the child care provider.
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.
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)(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(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.
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.
DCF 201.08(1)(1)
Schedule. The department shall set a schedule for parent copayment responsibilities for all parents who receive child care financial assistance under s.
49.155, Stats., excluding s.
49.155 (1g), Stats. Copayment amounts will be based on family size, family gross income, and the number of children in a given family in child care. The copayment schedule is provided in Table DCF 201.08.
DCF 201.08 Note
Note: This copayment schedule is current as of March 31, 2013. DCF may make future adjustments to the schedule as described in sub. (3).
DCF 201.08(2)(a)(a) Families with children who are authorized for child care assistance for 20 hours or less are responsible for 50% of the amount listed in the copayment schedule for those children, based on family size, family gross income, and the number of children in a given family in child care.
DCF 201.08(2)(b)
(b) Foster parents do not have a copayment responsibility for the foster children in their care.
DCF 201.08(2)(c)
(c) Subsidized guardians or interim caretakers of a child under s.
48.623, Stats., do not have a copayment responsibility for that child in their care.
DCF 201.08(2)(d)
(d) Kinship care relatives who are providing care for a child under court order do not have a copayment responsibility for the kinship care child in their care.
DCF 201.08 Note
Note: Kinship care relatives do not have to be receiving payments under s.
48.57 (3m) or
(3n), Stats., for this paragraph to apply.
DCF 201.08(2)(e)
(e) Kinship care relatives who are providing care for a child without a court order are responsible for the minimum copayment based on the number of children in the family in child care, unless they are receiving a child care subsidy for another child who is subject to a copayment greater than the minimum copay.
DCF 201.08 Note
Note: Kinship care relatives do not have to be receiving payments under s.
48.57 (3m) or
(3n), Stats., for this paragraph to apply.
DCF 201.08(2)(f)
(f) Parents who have left a Wisconsin works employment position for unsubsidized employment may pay the minimum copayment amount based on the number of children in the family in child care for the first month of the unsubsidized employment.
DCF 201.08 Note
Note: Section
49.155 (5), Stats., provides: "An individual who 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) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care."
DCF 201.08 NoteSection
49.26 (1) (e), Stats., prohibits copayment responsibility for minor teen parents who are Learnfare participants.
DCF 201.08 Note7 USC 2015 prohibits copayment responsibility for participants in the Food Stamp Employment and Training program.
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)2.
2. A change in the amount of funds available for child care assistance.
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 the demand for child care financial assistance under s.
49.155, Stats., excluding s.
49.155 (1d) and
(1g), Stats.
DCF 201.08(3)(a)6.
6. Funding is not sufficient to meet the needs of all eligible families applying for child care assistance.
DCF 201.08(3)(b)
(b) The department shall publish adjustments to the copayment schedule in the Wisconsin administrative register.
DCF 201.08(3)(c)
(c) If the department proposes to make adjustments to the copayment schedule that would increase parental copayments by 10% or more, the department shall promulgate an administrative rule to make such adjustments, and the department shall not issue an emergency rule to implement such adjustments before providing advance public notice of at least one month.
DCF 201.08 History
History: Cr.
Register, September, 1997, No. 501, eff. 10-1-97; am. (3) (c),
Register, December, 1997, No. 504, eff. 1-1-98; am. (1) (a) and (c), (3) (a) 5., cr. (1) (d), r. (2),
Register, November, 1999, No. 527, eff. 12-1-99; r. and recr. (1), cr. (2),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 02-104: am. (3) (a) 5., cr. (3) (a) 6.
Register March 2003 No. 567, eff. 4-1-03;
CR 06-044: renum. (2) (c), (d) and (e) to be (2) (d), (e) and (f), cr. (2) (c),
Register November 2006 No. 611, eff. 12-1-06;
EmR0806: emerg. am. (1), (2) (a), (e), (f) and Table 56.08, eff. 3-30-08;
CR 08-020: am. (1), (2) (a), (e), (f) and Table 56.08
Register August 2008 No. 632, eff. 9-1-08; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635; adjustment to Table DCF 201.08 made under s.
DCF 201.08 (3) Register March 2009 No. 639;
EmR1015: emerg. am. (3) (a) 1., eff. 5-17-10;
CR 10-056: am. (3) (a) 1.
Register September 2010 No. 657, eff. 10-1-10; adjustment to Table DCF 201.08 made under s.
DCF 201.08 (3) Register April 2012 No. 676; correction in (2) (c) made under s.
13.92 (4) (b) 7. Stats.,
Register April 2012 No. 676; adjustment to Table DCF 201.08 made under s.
DCF 201.08 (3) Register April 2013 No. 688.
TABLE DCF 201.08
Child Care Co-Payment Schedule for Licensed and Certified Care
Co-payment types: REG is based on family size, FPL and number of children in care; this code is used for working parents, W-2, and FSET participants. KIN is $0 and is used for families with court ordered kinship or guardianship care. NCK is based on 70% FPL and is used for families that have no court order but are caring for a relative child. FOS is $0 and is used for foster families. PSP is ½ of regular copayment and is used for Milwaukee Public Schools before and after school care when the authorization is for more than 20 hours per week. WWE is based on 70% FPL and is used for W-2 participants in their first month of unsubsidized employment. THS is based on 70% FPL and is used for teen parents that are attending high school. When any authorization is for less than 35 hours of care per week, the copayment is pro-rated based upon the hours of authorized care.
Effective: 3/31/2013
- See PDF for table 
