RULE TEXT
SECTION 1. Chapter DCF 1 is created to read: FEES FOR CHILD WELFARE AND COMMUNITY-BASED
YOUTH JUSTICE SERVICES
DCF 1.01 Purpose. This chapter specifies the conditions under which the department establishes and collects fees and delegates to county departments the authority to establish and collect fees under ss. 49.32 (1) and 49.345 (14) (a), Stats. The chapter also specifies the manner of application of ch. DCF 150 when determining child support under s. 49.345 (14) (b) and (c), Stats., and procedures for collecting support under s. 49.345 (14) (e), Stats. DCF 1.02 Definitions. Unless otherwise specified, in this chapter:
(1) “Child-placing agency” means an agency licensed under ch. DCF 54 and s. 48.66, Stats., or a similar agency licensed in another state. (2) “Client” means an individual who receives child welfare services under ch. 48, Stats., or community-based youth justice services under ch. 938, Stats., that are purchased or provided by the department or a county department. (3) “Collection period” means the period of time that begins on the day a unit of service is provided and ends when the fee for the service is paid in full, when the fee is waived, or as provided under the applicable statute of limitations.
(4) “Community-based youth justice services” has the meaning given for “community-based juvenile delinquency-related services” in s. 49.11 (1c), Stats. (5) “County department” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats. (6) “Department” means the department of children and families.
(7) “Fee” means the amount established as a charge for a service under s. DCF 1.03. (8) “Foster home” has the meaning given in s. 48.02 (6), Stats. (9) “Group home” has the meaning given in s. 48.02 (7), Stats. (10) “Juvenile detention facility” has the meaning given in s. 938.02 (10r), Stats. (11) “Maximum monthly payment amount” means the amount an individual has been determined to have the ability to pay toward fee liability per month based on the gross monthly income and number of individuals living in the family as indicated in the schedule in s. DCF 1.05 (2) (a). (12) “Medical Assistance” has the meaning given in s. 49.43 (8), Stats. (13) “Minor” means an individual under 18 years of age.
(14) “Parent” means any of the following:
(a) An individual who has legal custody of a minor at the time a service is provided.
(b) A resident of this state who brought a minor into the state for the purpose of adoption under s. 48.839, Stats. (15) “Residential care center for children or youth” has the meaning given in s. 48.02 (15d), Stats. (16) “Residential nonmedical facility” means a foster home, subsidized guardianship home, group home, residential care center for children and youth, or shelter care facility.
(17) “Service” includes care, maintenance, supplies, and other services purchased or provided by a county department or the department under ch. 48, Stats., or as a community-based youth justice service under ch. 938, Stats. (18) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats. (19) “Social Security Disability Insurance” means payments under 42 USC 401 to 433 for individuals determined disabled under program requirements. (20) “Spouse” means an individual who is married to a client at the time a service is provided or at the time a county department or the department is attempting to collect a fee.
(21) “Subsidized guardianship home” means the home of an individual receiving payments under s. 48.623, Stats. (22) “Supplemental Security Income” means payments under 42 USC 1381 to 1385. DCF 1.03 Fees. (1) Establishment of fees. Except for services for which charging a fee is prohibited under sub. (2), a county department or the department may establish fees for child welfare services under ch. 48, Stats., and community-based youth justice services under ch. 938, Stats., purchased or provided for a client. (2) Services for which fee is prohibited. A county department or the department may not charge a fee for a service if any of the following conditions is met:
(a) State or federal law prohibits charging a fee for the service.
(b) The county department or the department has determined that charging a fee for the service would be administratively unfeasible or would significantly prevent accomplishing the purpose of the service.
(c) The service is a children and family support service provided under subch. III of ch. 49, Stats. (3) Residential services fee. A county department or the department may charge a child’s parent a fee for the care and maintenance of the child in a residential nonmedical facility or juvenile detention facility only if the parent has not been ordered to pay child support as provided under s. 49.345 (14) (b) or (c) or ch. 767, Stats., for placement of the child in a residential nonmedical facility or a juvenile detention facility. (4) Transparency and notice. A county department or the department shall do all of the following:
(a) Make both printed and electronic information widely available on all of the following:
1. The services for which a fee is charged.
2. The fee amounts charged for the services or the method for determining the fee amounts.
(b) Make reasonable efforts to provide written notice of the amount of any fee that will be charged to all individuals who may be liable for the fee before the service is provided or as soon as feasible after the service begins.
DCF 1.04 Fee liability, exemptions, and waivers. (1) Persons liable. Except as provided in sub. (2), all of the following persons shall be liable for a fee:
(a) A client who is not a minor at the time the service is provided.
Note: An adult is not liable for a fee for services received as a minor.
(b) A parent of a minor client.
(c) The spouse of a client.
(d) The surety company if the condition of a bond under s. 48.839 (1) or 48.98 (2), Stats., is met. (e) Under s. 48.98, Stats., a person, other than a county department or a licensed child-placing agency, that brought a child into this state for the purpose of placing the child in a foster home. (f) Any other person liable by contract, law, or as determined by a court.
(2) Fee prohibited. A county department or the department may not charge a fee to any of the following persons:
(a) A client who is a minor at the time the service is provided.
(b) Any other person determined not liable by a court.
(3) Discretionary waiver. (a) A county department or the department may refrain from charging a fee, compromise the amount of a fee, or forgive all or part of a fee debt if the county department or the department determines that any of the following:
1. The individual receives Medical Assistance, Supplemental Security Income, or Social Security Disability Insurance.
2. No payments are currently required because the individual’s maximum monthly payment amount is $0.
3. Collection is inappropriate due to the needs of the individual or the individual’s family.
4. Collection is administratively unfeasible.
5. Collection would significantly prevent accomplishing the purpose of the service.
(b) A county department or the department may waive all or part of an individual’s fee liability for a reason specified in par. (a) at any time.
(c) The county department or the department shall document any fee liability that is waived as provided in s. DCF 1.05 (7) (a) 4. DCF 1.05 Billing. (1) Monthly bill if ability to pay. Each month during the collection period, a county department or the department shall issue a billing statement to each liable individual whose current maximum monthly payment amount is more than $0.
Note: A joint billing statement may be sent to all liable individuals who live at the same address.
(2) Determining the maximum monthly payment amount. (a) Maximum monthly payment schedule. 1. Subject to par. (c), a county department or the department shall determine a liable individual’s maximum monthly payment amount using information under par. (b) and the maximum monthly payment schedule issued by the department. The maximum monthly payment schedule indicates the maximum amount that the department determines a liable individual has the ability to pay toward fee liability per month based on gross monthly income and number of individuals living the family.
2. The department may collaborate with the department of health services to use a common maximum monthly payment schedule for this chapter and ch. DHS 1. 3. The maximum monthly payment schedule shall be updated annually based on the consumer price index for the midwest region issued by the federal department of labor.
(b) Financial circumstances. A county department or the department may determine the gross monthly income and number of individuals living in the liable individual’s family using any of the following:
1. A completed financial responsibility form that gives due regard to the relationships and the present needs of the individual or of the lawful dependents and documentation that verifies the information provided in the form.
2. Information in the county department’s or the department’s records about the liable individual and the individual’s family.
(c) Single maximum monthly payment amount. A county department or the department shall determine a single maximum monthly payment amount for a family who lives together regardless of the number of liable individuals in the family, the number of family members receiving services, the number of agencies providing services, or whether fees were established under this chapter or ch. DHS 1. (3) When the maximum monthly payment amount is determined. (a) Mandatory determination. Subject to sub. (8), a county department or the department shall determine a liable individual’s maximum monthly payment amount at all of the following times during the collection period:
1. When services begin or as soon as the county department or the department has sufficient information on the individual’s financial circumstances under sub. (2) (b).
2. When the county department or the department receives notice that there has been a change in the financial circumstances of the liable individual or the individual’s family.
3. Every 12 months while services are being provided.
(b) Discretionary determination. A county department or the department may determine a liable individual’s maximum monthly payment amount at any of the following times during the collection period:
1. At the conclusion of services to the client.
