During the period of time between determinations or redeterminations of eligibility, the family shall be considered eligible and shall receive services at least at the same level, regardless of the following:o
A change in family income as long as the family’s income does not exceed 85% of the SMI for a family of the same size.o
A temporary change or cessation of work or attendance at a training program that does not exceed 3 months.
A State may discontinue assistance due to a parent’s loss of work or cessation of attendance at a job training or educational program that is not a temporary change, but assistance must be continued at least at the same level after each such loss or cessation until the earlier of the following:o
3 months after the parent’s loss of work or cessation of attendance at the job training or educational program.o
The parent’s next annual redetermination of eligibility.
Notwithstanding the 12-month eligibility period, a State may discontinue assistance prior to a family’s next redetermination in the following limited circumstances: o
Excessive unexplained absences despite multiple attempts by the State to contact the family and provider, including prior notification of possible discontinuation of assistance. If the State chooses this option, it shall define the number of unexplained absences that shall be considered excessive.o
A change in residency outside of the State.o
Substantiated fraud or intentional program violations that invalidate prior determinations of eligibility.
A State cannot increase family copayment amounts within the minimum 12-month eligibility period, except during the graduated phase-out under (b).(b) A State may establish initial income eligibility for a family at a level less than the CCDF level of 85 percent of the SMI for a family of the same size but must provide a graduated phase-out by implementing two-tiered eligibility thresholds, with the second tier used at the time of eligibility redetermination.
The second tier may be set at 85 percent of the SMI or an amount that is lower than 85 percent of the SMI and higher than the State’s initial eligibility level.
To help families transition off of child care assistance, a State may gradually adjust copay amounts for families under graduated phase-out conditions. During the graduated phase-out, the State may require additional reporting on changes in family income, provided the requirements do not constitute an undue burden.(c) A State shall establish processes for initial determination and redetermination of eligibility that take into account irregular fluctuation in earnings and ensure that temporary increases do not affect family eligibility or copayments, including temporary increases that result in family income exceeding 85 percent of the SMI.
(e) A State shall require families to report a change at any point during the minimum 12-month period, limited to the following:
o
If the family’s income exceeds 85 percent of the SMI, taking into account irregular income fluctuations.o
At the option of the State, the family has experienced a non-temporary cessation of work, training, or education.
A State may impose additional requirements on parents to report a change in circumstances as long as the requirements do not constitute an undue burden on families. Any additional reporting requirements shall be limited to items that impact a family’s CCDF eligibility or those that enable the State to contact the family or pay providers.o
During a period of graduated phase-out, a State may require additional reporting on changes in family income for the gradual adjustment of family copayments, if desired.
A State must allow families the option to voluntarily report changes on an ongoing basis.o
The State is required to act on information provided by the family that will reduce the family’s copayment or increase the family’s subsidy.o
The State is prohibited from acting on information that would reduce the family’s subsidy, unless the information provided indicates any of the following:
The family’s income exceeds 85 percent of the SMI, taking into account irregular income fluctuations.
At the option of the State, the family has experienced a non-temporary change in the work, training, or educational status.
A State shall establish, and periodically revise, by rule, a sliding fee scale for families that receive CCDF child care services that meets all of the following conditions:o
Helps families afford child care and enables choice of a range of child care options.o
Is based on income and the size of the family and may be based on other factors as appropriate, but may not be based on the cost of care or amount of subsidy payment.o
Provides for affordable family copayments that are not a barrier to families receiving assistance under this part.
A State may waive copayments for any of the following:o
Families whose incomes are at or below the poverty level for a family of the same size. o
Families that have children who receive or need to receive protective services. o
Families that meet other criteria established by the State.Comparison to Adjacent States
Minnesota
Minnesota enforces child support cooperation at a parent’s eligibility determination and redetermination. Termination due to fraud or intentional program violation may only occur if an administrative hearing or court finds that the parent wrongfully obtained or attempted to obtain assistance or if the parent enters into a consent agreement.
Michigan
Michigan has a 12-month eligibility period regardless of a change in the family’s need for child care. Copayments are lower if the child care provider has a higher quality of care rating. Michigan does not discontinue assistance for excessive unexplained absences. Termination for fraud or intentional program violation may only occur if an administrative hearing or court finds that the parent wrongfully obtained or attempted to obtain assistance or if the parent enters into a consent agreement.
Iowa
Iowa establishes eligibility periods of up to 18-months in the following situations:
A family needs a child care subsidy to attend post-secondary education, and they will exhaust the 24-month limit on assistance for participation in post-secondary education within 6 months from the end of a 12-month certification period.
A family includes a child who will turn 13 years old within 6 months from the end of a 12-month certification period. Iowa does not terminate assistance for excessive unexplained absences and does not disqualify parents for intentional program violations.
Illinois
General statutory authority for a 12-month eligibility period was enacted on 8/17/18, and implementation details were not found on the agency website. Illinois does not disqualify parents for intentional program violations.
Effect on Small Businesses
The rule will affect small businesses, including child care providers that are small businesses as defined in s. 227.114 (1), Stats. The effect will be minimal. Analysis Used to Determine Effect on Small Businesses
The rules will have a positive effect on child care providers. Providers will receive a more stable income from families who receive a child care subsidy. There will be less fluctuation from month to month in the amount of the subsidy, and parents will have longer authorizations approving payment for a specific number of hours.
Agency Contact
SECTION 1. DCF 102.01 is amended to read:
DCF 102.01 Authority and purpose. This chapter is adopted pursuant to s. ss. 49.145 (2) (f) and 49.155 (1m) (b) 1., Stats., for the purpose of administering the requirement that each parent in a Wisconsin works group cooperate with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, unless the parent has good cause for failing to cooperate. SECTION 2. DCF 102.02 (11) is repealed and recreated to read:
DCF 102.02 (11) “Wisconsin works agency” or “W−2 agency” means the following:
(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the W-2 program. (b) For the purpose of the child care subsidy program under s. 49.155, Stats., a child care administrative agency under ch. DCF 201. SECTION 3. DCF 102.02 (11) (Note) is repealed.
SECTION 4. DCF 102.02 (12) is repealed and recreated to read:
DCF 102.02 (12) “Wisconsin works group” or “W−2 group” has the same meaning as the following:
(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., the meaning specified under s. 49.141 (1) (s), Stats. (b) For the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as “assistance group” under s. DCF 201.02. SECTION 5. DCF 102.02 (12) (Note) is repealed.
