Register February 2023 No. 806
Chapter DCF 201
CHILD CARE SUBSIDY PROGRAM
Purpose and applicability.
Department powers and responsibilities.
Child care administrative agencies.
Child care providers.
Payments and overpayments.
Incentive program for local fraud detection.
Establishing maximum rates.
Parent appeal rights.
Provider appeal rights.
Ch. DCF 201 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Sections HSS 55.70 to 55.77 as they existed on February 28, 1997 were repealed and a new chapter DWD 56 was created effective March 1, 1997.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 Purpose and applicability.
This chapter provides standards and procedures for the administration of the child care subsidy program under ss. 49.155
and 227.11 (2) (a)
, Stats. This chapter applies to the department, child care administrative agencies, child care providers, and eligible parents.
DCF 201.01 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; EmR1709
: emerg. r. and recr. eff. 5-4-17; CR 17-033
: r. and recr. Register January 2018 No. 745
, eff. 2-1-18.
DCF 201.02 Definitions.
In this chapter:
Account number” means a number that appears on a parent's EBT card and is linked to the parent's electronic child care subsidy.
Approved activity search period” means the 3-month eligibility period after the parent permanently ceases participation in any approved activity under s. 49.155 (1m) (a) (intro.)
Assistance group” means the individuals in a household that are included in determining eligibility for the child care subsidy program under s. DCF 201.036 (2)
Authorization” means written approval by a child care administrative agency for payment under the child care subsidy program for child care for a specific child, by a specific child care provider, for up to a specific number of hours, during a specific time period.
“Certification agency" means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22
, Stats.; a county department of human services established under s. 46.23
, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care providers under s. 48.651
“Child care administrative agency" or “agency" means any of the following:
An agency that has a contract with the department to administer the child care subsidy program.
An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.
“Child care price” means the amount a child care provider charges for child care services.
“Child care provider” or “provider” means a provider licensed under s. 48.65
, Stats.; certified under s. 48.651
, Stats.; established or contracted for under s. 120.13 (14)
, Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
“Child care subsidy program” or “subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m)
, Stats., with child care expenses.
“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.
Copayment” means an amount that is calculated by the department's automation system based on s. DCF 201.08 (1) (a)
and (2) (bm)
that reduces the amount of a parent's subsidy payment.
DCF 201.02 Note
See the definition of “parent's share” in s. DCF 201.02 (17e)
“Department" means the Wisconsin department of children and families.
EBT card” means a card that allows a parent to electronically transfer the parent's child care subsidy to the parent's child care provider as payment for child care services.
Employability plan” means a written agreement used in the Wisconsin works program that includes the activities that a Wisconsin works program participant will engage in during a specified time period.
Employment plan” means a written agreement used in the food stamp employment and training program under s. 49.79 (9)
, Stats., that includes the activities that a program participant will engage in during a specified time period.
Federal poverty level” means the poverty guidelines that are established based on the number of individuals in a household and updated annually by the U.S. department of health and human services.
“Foster parent” means a person licensed under s. 48.62 (1)
, Stats., or licensed by a tribal social services agency as a tribal placement home.
DCF 201.02 Note
Note: This definition is included in Section 725 (2) of the McKinney-Vento Homeless Assistance Act.
“In-home provider" means a person caring for a child in the child's own home.
“Kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person listed in this subsection, even if the marriage is terminated by death or divorce.
“Maximum rate” means the maximum rate that the department will use in calculating the amount of a payment under the child care subsidy program.
DCF 201.02 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."
“Parent” means a custodial parent, foster parent, kinship care relative, guardian, legal custodian, subsidized guardian or interim caretaker under s. 48.623
, Stats., or a person acting in place of a parent. “Parent” also includes the spouse or nonmarital coparent of a parent who resides in the same household as the parent.
“Parent's share” means the out-of-pocket cost of child care that a parent is responsible for paying to the child care provider, including any amount charged by the provider that exceeds the amount of the parent's subsidy payment.
DCF 201.02 Note
See the definition of “copayment” in s. DCF 201.02 (7m)
“Personal identification number” means a confidential number that a parent uses with the parent's EBT card or account number to electronically access the parent's child care subsidy in a secure manner.