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.
SECTION 6. DCF 102.10 (title) is repealed and recreated to read:
DCF 102.10 (title) Reviews and hearings.
SECTION 7. DCF 102.10 (4) is repealed.
SECTION 8. DCF 102.10 (5) is created to read:
DCF 102.10 (5) hearing for child care. Notwithstanding subs. (1) and (2), an applicant or a participant in the child care subsidy program under s. 49.155, Stats., that receives a notice of eligibility denial or termination for failure to cooperate with the child support agency without good cause may request a fair hearing under s. DCF 201.065 and ch. HA 3. SECTION 9. DCF 201.02 (1d), (1h), (1p), (1t), (7m) and (Note), (9g), and (9r) are created to read:
DCF 201.02 (1d) “Approved activity” means an activity specified under s. 49.155 (1m) (a), Stats. (1h) “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.), Stats. (1p) “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). (1t) “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.
(7m) “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. (9g) “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.
(9r) “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. SECTION 10. DCF 201.02 (10) and (Note) are repealed.
SECTION 11. DCF 201.02 (11) and (13m) and (Note) are created to read:
DCF 201.02 (11) “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.
(13m) “Homeless” has the same meaning as “homeless children and youth” under 42 USC 11435 (2). Note: This definition is included in Section 725 (2) of the McKinney-Vento Homeless Assistance Act.
SECTION 12. DCF 201.02 (15) is repealed and recreated to read:
DCF 201.02 (15) “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.
SECTION 13. DCF 201.02 (16m) is created to read:
DCF 201.02 (16m) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).
