DCF 201.038 HistoryHistory: 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(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)(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)(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(2)(2) Parent. A parent shall inform the child care administrative agency of all of the following: 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)(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)(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)(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. DCF 201.039(2r)(b)(b) The child care administrative agency shall terminate the parent’s authorization if the agency’s efforts at contacting the parent are unsuccessful. DCF 201.039(3)(3) Licensed provider prices. A child care administrative agency may refuse to authorize payment for child care services by a child care provider licensed under s. 48.65, Stats., if the provider refuses to submit documentation of the provider’s child care prices in response to an agency request. DCF 201.039(4)(a)(a) In an assistance group with more than one parent, each parent shall meet the eligibility criteria in s. 49.155 (1m), Stats., and s. DCF 201.036, unless the child care administrative agency verifies that a parent has a disability or health condition that makes that parent unable to participate in an approved activity and unable to provide the child care necessary for another parent to participate in an approved activity. The agency shall require the parent to provide documentation of the disability or health condition from a doctor, physician assistant, nurse practitioner, psychiatrist, or psychologist. DCF 201.039(4)(b)(b) When assessing an assistance group’s child care needs, the child care administrative agency shall also consider the availability of a minor in the assistance group who is the biological parent of the child, unless the child care administrative agency verifies that the minor is unable to provide the necessary child care under par. (a). DCF 201.039(5)(5) Care provided in a child’s home. A child care administrative agency may authorize payment for child care services in a child’s home only if the child care provider is certified under s. 48.651, Stats., and any of the following apply: DCF 201.039(5)(a)(a) Care is provided to 3 or more children from the same assistance group. DCF 201.039(5)(b)(b) Other licensed or certified care is not available within a reasonable geographic area. DCF 201.039(5)(c)(c) Other licensed or certified care is not available during the hours when child care is needed, such as during second or third shift or weekend hours. DCF 201.039(5)(d)(d) The child has a special need and child care is best provided in the child’s home. DCF 201.039(6)(6) No parents or household members. A child care administrative agency may not authorize payment for child care services by a provider who is a parent of the child or who resides with the child. DCF 201.039(7)(7) Authorization criteria for a child care provider’s child. DCF 201.039(7)(a)(a) The department or a child care administrative agency may authorize payment for the care of a child whose parent is a child care provider only if the care will be provided by another child care provider and any of the following apply: DCF 201.039(7)(a)1.1. The care will allow the parent to participate in an approved activity under s. 49.155 (1m) (a), Stats., other than an activity related to child care. DCF 201.039(7)(a)2.2. The department or agency determines that assistance is appropriate because the child has a special need. DCF 201.039(7)(a)4.4. The parent is the child’s guardian or interim caretaker and is receiving subsidized guardianship payments under s. 48.623, Stats., for the care and maintenance of the child. DCF 201.039(7)(a)5.5. The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child has been placed with the kinship care relative under a court order. DCF 201.039(7)(a)6.a.a. The child’s biological parent is a dependent minor child under the age of 19 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation. DCF 201.039(7)(a)6.b.b. The dependent minor parent and the child reside with a person who is considered the child’s parent for the purposes of this chapter and who may be the dependent minor parent’s custodial parent, kinship care relative, foster parent, or guardian or interim caretaker receiving a payment under s. 48.623, Stats., for the care and maintenance of the dependent minor parent. DCF 201.039(7)(b)(b) If a parent who is a child care provider submits documentation of circumstances that meet the conditions of this subsection, the child care administrative agency shall consider the documentation to be an application for a waiver under s. 49.155 (3m) (d) 3., Stats. DCF 201.039(8)(8) Employee of certified provider. A child care administrative agency may not authorize payment for child care services by a provider certified under s. 48.651, Stats., if the child’s parent or a person who resides with the child is employed by the provider at the same location. DCF 201.039(8m)(a)1.1. For purposes of this subsection, a child care administrative agency shall consider a parent’s self-employment to be a new business for the 24 months following the date that the parent reports beginning the business, except as provided in subd. 4. The child care administrative agency may consider a parent’s self-employment to be a new business until the parent’s eligibility redetermination following the end of this 24-month period. DCF 201.039(8m)(a)2.2. Notwithstanding subd. 1., if a parent switches to a different type of self-employment during the time period specified in subd. 1., the child care administrative agency shall consider the parent’s subsequent type of self-employment to be a new business only until the end of the time period for the initial business. DCF 201.039(8m)(a)3.3. While a parent’s self-employment is a new business for purposes of this subsection, the child care administrative agency may authorize payment for the number of hours of child care that the parent states is needed, up to a maximum of 50 hours per week. DCF 201.039(8m)(a)4.4. After the end of the time period specified in subd. 1. or 2., the child care administrative agency shall determine the maximum number of hours of child care that may be authorized for a parent who begins a new type of self-employment under par. (b). DCF 201.039(8m)(b)1.1. If a parent’s self-employment is not considered a new business under par. (a), the child care administrative agency shall determine the maximum number of hours of child care that may be authorized for the parent per week as follows: DCF 201.039(8m)(b)1.a.a. Calculate the parent’s average monthly gross income from self-employment based on the parent’s annual gross business income as reported to the internal revenue service. DCF 201.039(8m)(b)1.b.b. Divide the parent’s average monthly gross income from self-employment by the higher of the hourly minimum wage under state or federal law and divide that amount by 4.3 weeks. DCF 201.039(8m)(b)2.2. After determining the maximum number of the hours that may be authorized, the child care administrative agency shall assess the assistance group’s child care needs under sub. (1). DCF 201.039(9)(a)(a) A child care administrative agency shall authorize no more than 12 hours of child care per day per child, unless the child’s parent provides written documentation of work or transportation requirements that exceed 12 hours in a day. DCF 201.039(9)(b)(b) A child care administrative agency may authorize more than 12 hours, but not more than 16 hours, of child care per day for a child whose parent has provided written documentation of work or transportation requirements that exceed 12 hours in a day. DCF 201.039(10)(a)(a) After a parent has provided all of the information required under sub. (2) and the child care administrative agency has completed the assessment of the assistance group’s child care needs, the agency shall issue a written authorization notice to the parent approving payment for child care through the subsidy program based on the specific provisions in the notice. DCF 201.039(10)(b)(b) An authorization notice shall specify the child who will receive the care, the child care provider, the location where the child care will be provided, the time period in which the child care will be provided, the number of hours of child care authorized per month, and the maximum subsidy payment amount per month. DCF 201.039(10m)(10m) Declaration of disaster. An authorization issued for child care for a specific provider at a specific location may remain effective at another provider that meets the conditions under s. DCF 201.038 (1) if the location identified in the authorization is within an area covered by a declaration of a state of emergency by the governor under s. 323.10, Stats., and is temporarily closed due to the state of emergency. DCF 201.039(11)(a)(a) Authorization within 30 days after request for assistance or redetermination. DCF 201.039(11)(a)1.1. If an agency determines that a parent is eligible for the child care subsidy program and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance or the date of the parent’s eligibility redetermination, the agency may authorize payment beginning on the date that all of the following conditions are met: DCF 201.039(11)(a)1.a.a. The parent has submitted a request for assistance or has completed the annual redetermination of eligibility for the child care subsidy program. DCF 201.039(11)(a)2.2. Notwithstanding subd. 1., if an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment beginning on the later of the date of child placement or the first day of the month in which the parent submitted the request for assistance or the first day of the month of the parent’s eligibility redetermination if all of the following conditions are met: DCF 201.039(11)(a)2.a.a. The parent is a kinship care relative receiving payments under s. 48.57 (3m), Stats., and is providing care and maintenance for the child who is placed in the kinship care relative’s home pursuant to a court order. DCF 201.039(11)(b)(b) Authorization more than 30 days after request for assistance or redetermination. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment for child care services beginning the first day of the month in which the parent submits the information required under sub. (2) if all of the conditions in par. (a) 1. a. to c. are met. DCF 201.039(12)(12) New child care provider effective following month. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month. DCF 201.039(13)(13) New provider effective in current month due to hardship. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective in the current month if the conditions in pars. (a) and (b) are met, as follows: DCF 201.039(13)(a)(a) The assistance group is experiencing circumstances that create an unforeseen hardship for the child to continue to attend the authorized provider for the remainder of the month due to any of the following: DCF 201.039(13)(a)1.1. Travel to the authorized provider has become unreasonable due to any of the following:
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