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Register March 2019 No. 759
Chapter DCF 201
CHILD CARE SUBSIDY PROGRAM
DCF 201.01   Purpose and applicability.
DCF 201.02   Definitions.
DCF 201.03   Department of children and families powers and responsibilities.
DCF 201.034   Child care administrative agencies.
DCF 201.036   Eligibility.
DCF 201.038   Child care providers.
DCF 201.039   Authorizations.
DCF 201.04   Payments and overpayments.
DCF 201.044   Incentive program for local fraud detection.
DCF 201.06   Establishing maximum rates.
DCF 201.065   Parent appeal rights.
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 DCF 201 Note Note: Sections HSS 55.70 to 55.77 as they existed on February 28, 1997 were repealed and a new chapter DWD 56 was created effective March 1, 1997.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 201.01Purpose 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 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 DCF 201.02Definitions. In this chapter:
DCF 201.02(1) (1) “ Account number” means a number that appears on a parent's EBT card and is linked to the parent's electronic child care subsidy.
DCF 201.02(2m) (2m)“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, Stats.
DCF 201.02(3) (3)“Child care administrative agency" or “agency" means any of the following:
DCF 201.02(3)(a) (a) An agency that has a contract with the department to administer the child care subsidy program.
DCF 201.02(3)(b) (b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.
DCF 201.02(3)(c) (c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats.
DCF 201.02(4) (4)“Child care funds" means funding for child care purposes under s. 49.155, Stats., excluding s. 49.155 (1d) and (1g), Stats.
DCF 201.02(5) (5)“Child care price” means the amount a child care provider charges for child care services.
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.; established or contracted for under s. 120.13 (14), Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.
DCF 201.02(6m) (6m)“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.
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 is responsible for an overpayment under s. DCF 201.04 (5) (b) 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(9) (9) “ 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.
DCF 201.02(10) (10)“Family" has the same meaning as “Wisconsin works group" as given in s. 49.141 (1) (s), Stats.
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(12) (12)“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(13) (13)“Gross income” means the income used in determining financial eligibility under s. 49.155 (1m) (c), Stats.
DCF 201.02(14) (14)“In-home provider" means a person caring for a child in the child's own home.
DCF 201.02(15) (15)“Kinship care relative" has the same meaning as “kinship care relative" under s. 48.57 (3m) (a) 2., Stats., and “long-term kinship care relative" under s. 48.57 (3n) (a) 2., Stats. A “kinship care relative" may or may not be receiving payments under s. 48.57 (3m) or (3n), Stats.
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(15m) (15m)“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(16) (16)“Nonmarital coparent" has the meaning given in s. 49.141 (1) (i), Stats.
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(17) (17)“Parent" has the meaning given in s. 49.155 (1) (c), Stats.
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(17m) (17m) “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.
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(18m) (18m) “Private pay parent” means a parent that does not pay a provider for child care with funds from the child care subsidy program.
DCF 201.02(19) (19)“Slots” means the number of children within the capacity of a child care provider under the applicable law for that type of provider.
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(24) (24)“Wisconsin works" or “W-2" has the meaning given in s. 49.141 (1) (p), Stats.
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(26) (26)“Wisconsin works employment position" has the meaning given in s. DCF 101.03 (39).
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; CR 14-030: cr. (6m) Register August 2015 No. 716, eff. 9-1-15; 2015 Wis. Act 132: am. (2m) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. (2), am. (3), r. and recr. (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), cr. (19m), r. (23), (25), eff. 5-4-17; CR 17-033: r. (2), r. and recr. (3), (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), r. (23), (25) Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (9), (17m), (18m), eff. 3-11-18; CR 17-099: cr. (1), (9), (17m), (18m) Register July 2018 No. 751, eff. 8-1-18.
DCF 201.03 DCF 201.03Department of children and families powers and responsibilities.
DCF 201.03(1)(1)General. The department shall maintain oversight responsibility of local administration of the child care subsidy program by child care administrative agencies.
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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.