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 DCF 102.02 (11) is repealed and recreated to read: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 DCF 102.02 (11) (Note) is repealed.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 DCF 102.02 (12) is repealed and recreated to read: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 DCF 102.02 (12) (Note) is repealed.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). SECTION 14. DCF 201.02 (17) is repealed and recreated to read:
DCF 201.02 (17) “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. SECTION 15. DCF 201.02 (17) (Note) is repealed.
SECTION 16. DCF 201.02 (17e) and (Note) and (17s) are created to read:
DCF 201.02 (17e) “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.
(17s) “Physician assistant” has the same meaning as in s. 448.01 (6), Stats. SECTION 17. DCF 201.02 (18) is repealed.
SECTION 18. DCF 201.02 (21) and (21m) are created to read:
DCF 201.02 (21) “Temporary break” means a parent’s time—limited absence from an approved activity due to illness, leave to care for family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an approved activity as long as the parent continues to be employed or enrolled in the approved activity and the absence does not exceed 3 months.
(21m) “Twelve-month eligibility period” means the period between the initial determination of a parent’s eligibility and the following redetermination or between annual redeterminations of a parent’s eligibility.
SECTION 19. DCF 201.03 (title) is amended to read:
DCF 201.03 (title) Department of children and families powers and responsibilities.
SECTION 20. DCF 201.034 (2) (c) is amended to read:
DCF 201.034 (2) (c) Assessing a family’s need for an assistance group’s child care needs.
SECTION 21. DCF 201.036 (2) is amended to read:
DCF 201.036 (2) agency determination. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats., and this section. SECTION 22. DCF 201.036 (2e), (2m), and (2s) are created to read:
DCF 201.036 (2e) Exclusions from limit on liquid assets. Financial resources that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s. 49.155 (1m) (cm), Stats. (2m) limits on the value of an assistance group’s home and vehicles. (a) Hardship exemptions. A parent who first applies for the child care subsidy program on or after January 1, 2019, is subject to the asset limits under s. 49.155 (1m) (cr), Stats., unless any of the following conditions are met:
