Chapter DCF 201

DCF 201.036 History History: EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (2), cr. (2e), (2m), (2s), r. (3), r. and recr. (4), cr. (5) Register July 2019 No. 763, eff. 8-1-19; EmR2110: emerg. cr. (3m), eff. 3-28-21; CR 21-052: cr. (3m) Register December 2021 No. 792, eff. 1-1-22.

DCF 201.037 DCF 201.037 Reporting requirements.

DCF 201.037(1) (1) Report within 10 days. A parent shall notify the child care administrative agency within 10 calendar days after the date of any of the following:

DCF 201.037(1)(a) (a) The assistance group receives the first payment that includes an increase in the gross income of the assistance group if any of the following conditions are met:

DCF 201.037(1)(a)1. 1. The gross income of the assistance group is at or below 185 percent of the federal poverty level, and the assistance group’s gross income increases by $250 or more per month.

DCF 201.037(1)(a)2. 2. The gross income of the assistance group exceeded 185 percent of the federal poverty level at the parent’s last eligibility redetermination and exceeds a dollar amount that will increase the assistance group’s gross income above the next 5 percent increment of the federal poverty level.

DCF 201.037(1)(b) (b) The parent is no longer employed or enrolled in an approved activity.

DCF 201.037(1)(c) (c) The parent is taking a temporary break that is expected to be longer than a calendar month but not more than 3 months.

DCF 201.037(1)(d) (d) The child has not been in attendance at child care by the authorized provider within the previous 20 calendar days.

DCF 201.037(1)(e) (e) The number of days or hours that the assistance group needs child care has changed from what was previously provided to the child care administrative agency.

DCF 201.037(1)(f) (f) The parent is participating in a different approved activity.

DCF 201.037(1)(g) (g) The child care provider charges the parent a reduced price.

DCF 201.037(1)(h) (h) A member of the assistance group gets married or divorced.

DCF 201.037(1)(i) (i) The composition of the assistance group changes.

DCF 201.037(1)(j) (j) The address or place of residence of the assistance group changes, including a change that is only temporary.

DCF 201.037(1)(k) (k) The child or the parent identified in the automation system for determining eligibility for the child care subsidy program moves out of the state.

DCF 201.037(2) (2) New provider. A parent shall notify the child care administrative agency of the parent’s intent to change child care providers as specified under s. DCF 201.039 (12).

DCF 201.037 History History: CR 18-088: cr. Register July 2019 No. 763, eff. 8-1-19.

DCF 201.038 DCF 201.038 Child care providers.

DCF 201.038(1) (1) Provider requirements. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions:

DCF 201.038(1)(a) (a) Regulated child care. The child care provider is any of the following:

DCF 201.038(1)(a)1. 1. ‘Licensed.’ A child care center licensed by the department under s. 48.65, Stats., and ch. DCF 250 or 251, or a day camp licensed by the department under s. 48.65, Stats., and ch. DCF 252.

DCF 201.038(1)(a)2. 2. ‘Certified.’ A child care provider certified by a certification agency under s. 48.651, Stats., and ch. DCF 202. For purposes of this paragraph, a child care administrative agency may consider a provider to be certified beginning on the date the provider’s application for certification was received by the certification agency.

DCF 201.038(1)(a)3. 3. ‘School board.’ A child care program established or contracted for by a school board under s. 120.13 (14), Stats.

DCF 201.038(1)(a)4. 4. ‘Out-of-state provider.’ A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.

DCF 201.038(1)(b) (b) Quality rating system. The child care provider is any of the following:

DCF 201.038(1)(b)1. 1. A child care provider that is participating in the department’s quality rating system under ss. 48.659 and 49.155 (6) (e), Stats., who has received a 2-star rating or above or whose quality rating is pending.

DCF 201.038(1)(b)2. 2. An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect.

DCF 201.038 Note Note: For information on the department’s quality rating system or a Wisconsin Shares participation contract, contact the local Youngstar office. Contact information is available at https://dcf.wisconsin.gov/youngstar/program/localoffice.

DCF 201.038(1)(c) (c) Fingerprint background check. The provider is in compliance with the requirements in s. 48.685 (2) (a), Stats.

DCF 201.038 Note Note: Section 48.685 (2) (a), Stats., has been repealed.

DCF 201.038(1m) (1m) Provider submission requirements.

DCF 201.038(1m)(a) (a) A licensed child care provider shall submit the provider’s full-time and part-time prices to the child care administrative agency upon request.

DCF 201.038(1m)(b) (b) Each provider that charges a registration fee shall submit the amount of the fee to the department.

DCF 201.038(2) (2) Electronic fund transfer. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.

DCF 201.038(3) (3) Parental choice. A parent may choose any child care provider that meets the conditions in sub. (1).

DCF 201.038(4) (4) Price and rate. A parent may choose a child care provider with a child care price that is higher than the applicable maximum rate and pay the difference between the provider’s child care price and the applicable maximum rate under s. DCF 201.06 in addition to any required copayment.

DCF 201.038(5) (5) Written payment agreement.

DCF 201.038(5)(a) (a) A provider shall enter into a written payment agreement with each parent that receives a child care subsidy for child care by the provider.

DCF 201.038(5)(b) (b) The written payment agreement between a provider and parent shall include all of the following:

DCF 201.038(5)(b)1. 1. The provider’s monthly or weekly child care price.

DCF 201.038(5)(b)2. 2. The provider’s days and hours of operation.

DCF 201.038(5)(b)3. 3. Any discounts or scholarships that are available to parents, and any discounts or scholarships that the parent is receiving.

DCF 201.038(5)(b)4. 4. The parent’s payment schedule.

DCF 201.038(5)(b)5. 5. The provider’s anticipated closure dates.

DCF 201.038(5)(b)6. 6. Payment expectations for the child’s anticipated and unanticipated absences and the provider’s closure dates.

DCF 201.038(5)(b)7. 7. Parent procedures for termination of a child’s enrollment.

DCF 201.038(5)(b)8. 8. Provider procedures for termination of a child’s enrollment.

DCF 201.038(5)(b)9. 9. Any fees that parents are required to pay.

DCF 201.038(5)(c) (c) A provider shall retain a copy of each current written payment agreement at the location where child care is provided.

DCF 201.038(5)(d) (d) A provider shall retain a copy of an expired written payment agreement for at least 3 years after the child’s last day of attendance. The agreement shall be kept at a location where it can be made available to the department within 24 hours.

DCF 201.038 Note Note: DCF-F-5224, Provider/Parent Child Care Payment Agreement, is a voluntary form that a provider may use to comply with this subsection.

DCF 201.038(6) (6) Nondiscrimination. A provider may not charge a parent that receives a child care subsidy a higher child care price than a private pay parent is charged for a similar amount of child care, unless the difference is due to the children being in different age ranges under s. DCF 201.06 (1) (b) or a child’s special needs under s. DCF 201.06 (7).

DCF 201.038(7) (7) Confidentiality. A provider may not do any of the following:

DCF 201.038(7)(a) (a) Require a parent to disclose the balance in the parent’s child care subsidy account.

DCF 201.038(7)(b) (b) Require a parent to provide the parents EBT card, account number, or personal identification number to the provider.

DCF 201.038(7)(c) (c) Possess a photocopy, photo, or other image of a parent’s EBT card.

DCF 201.038(7)(d) (d) Possess a parent’s subsidy account number or personal identification number.

DCF 201.038(8) (8) Inactive assistance group. A child care provider shall notify the local child care administrative agency if the child of a parent who receives a child care subsidy has not attended within the previous 30 days.

DCF 201.038 History History: EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (5) to (8), eff. 3-11-18; CR 17-099: cr. (5) to (8) Register July 2018 No. 751, eff. 8-1-18;correction in (5) (d) made under s. 35.17, Stats., and correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 18-088: am. (8) (title) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; EmR2314: cr. (1m), (5) (b) 9., eff. 10-1-23; CR 23-016: cr. (1m), (5) (b) 9. Register January 2024 No. 817, eff. 2-1-24.

DCF 201.039 DCF 201.039 Authorizations.

DCF 201.039(1) (1) Assessment of child care needs.

DCF 201.039(1)(a) (a) Eligibility determination and redeterminations. Following a parent’s initial eligibility determination and annual redeterminations, the child care administrative agency shall do all of the following:

DCF 201.039(1)(a)1. 1. Assess the assistance group’s child care needs and determine the number of hours of child care for which the parent may receive a subsidy.

DCF 201.039(1)(a)2. 2. Issue a new authorization based on the assessment.

DCF 201.039(1)(b) (b) Duration of authorizations. When a child care administrative agency issues a new authorization or the agency extends an existing authorization, the end date of the authorization shall be the earlier of the following:

DCF 201.039(1)(b)1. 1. The date of an expected change that may affect the assistance group’s child care needs during the parent’s 12-month eligibility period.

DCF 201.039(1)(b)2. 2. The parent’s next annual eligibility redetermination under s. DCF 201.036 (4).

DCF 201.039(1)(c) (c) Required new assessment and authorization during a parent’s 12-month eligibility period. During a parent’s 12-month eligibility period, the child care administrative agency shall assess an assistance group’s child care needs and issue a new authorization based on the assessment at all of the following times:

DCF 201.039(1)(c)1. 1. When a 2nd parent or a minor who is the biological parent of the child becomes a member of the assistance group.

DCF 201.039(1)(c)2. 2. When the parent requests an authorization and one calendar month or more has passed since the parent’s previous authorization ended.

DCF 201.039(1)(c)3. 3. When the assistance group’s child care needs no longer align with the child care provider’s hours of operation.

DCF 201.039(1)(c)4. 4. When the parent changes child care providers.

DCF 201.039(1)(c)5. 5. When the school year begins for a school-aged child.

DCF 201.039(1)(c)6. 6. When a parent has reached the 24th month of the education time limit under s. 49.155 (1m) (a) 4. or 5., Stats.

DCF 201.039(2) (2) Parent. A parent shall inform the child care administrative agency of all of the following:

DCF 201.039(2)(a) (a) The child care provider that will care for the child.

DCF 201.039(2)(b) (b) The specific dates and times of the parent’s schedule of approved activities under s. 49.155 (1m) (a), Stats.

DCF 201.039(2)(c) (c) Any other information requested by the agency regarding the assistance group’s child care needs.

DCF 201.039(2g) (2g) Continuity of care.

DCF 201.039(2g)(a) (a) A child care administrative agency shall take into consideration child learning and development and shall promote continuity of care when authorizing hours of child care. The child care administrative agency is not required to limit authorized hours based on a parent’s schedule of approved activities or the number of hours the parent spends in those activities.

DCF 201.039(2g)(b) (b) During a parent’s 12-month eligibility period, the child care administrative agency shall allow a parent to continue under the parent’s most recent authorization, extend the parent’s most recent authorization, or offer the parent an authorization for up to the same number of hours as the parent’s previous authorization when any of the following changes begin:

DCF 201.039(2g)(b)1. 1. The parent is continuing to participate in an approved activity, but the number of hours that the assistance group needs child care is decreasing.

DCF 201.039(2g)(b)2. 2. The parent is beginning a temporary break.

DCF 201.039(2g)(b)3. 3. The parent is beginning an approved activity search period.

DCF 201.039(2g)(c) (c) A parent may not consecutively take a temporary break of 3 months and continue eligibility for an approved activity search period of 3 months.

DCF 201.039(2g)(d) (d) A parent that ceases participation in any approved activity during a temporary break may continue eligibility for the remainder of the 3-month temporary break period.

DCF 201.039(2r) (2r) Excessive unexplained absences.

DCF 201.039(2r)(a) (a) If a child care provider notifies the child care administrative agency that a child has not attended child care within the previous 30 calendar days and the child’s parent has not provided an explanation to the child care provider, the child care administrative agency shall make multiple attempts to contact the parent to determine if the assistance group’s need for child care has changed.