Section DCF 201.036 - Eligibility(1) REQUEST FOR ASSISTANCE. Notwithstanding s. DCF 101.06(2), a parent shall sign a request for assistance under the child care subsidy program. Note: Section DCF 101.06 applies to applications for the Wisconsin Works program. Section 49.141(1) (p), Stats., defines "Wisconsin Works" as "the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats." This rule clarifies that s. DCF 101.06 applies only to the time-limited program that provides temporary cash assistance and case management services to low-income parents and pregnant women and not to the child care subsidy program.
(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.(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that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s. 49.155(1m) (cm), Stats.(2m)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:1. The parent is the child's foster parent.2. The parent is a kinship care relative receiving payments under s. 48.57(3m) or (3n), Stats., and the child was placed in the kinship care relative's home under a court order.3. The parent is the child's guardian or interim caretaker under s. 48.623, Stats.4. Ownership of an applicable asset is unclear to the child care administrative agency due to a recent death or change in the composition of the assistance group.5. The assistance group is homeless.(b)Agricultural land and buildings excluded from value of home.1. In this paragraph, " agricultural land" includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.2. In calculating the value of a home owned by the assistance group under s. 49.155(1m) (cr) 1, Stats., the child care administrative agency shall exclude the value of any agricultural land owned by a member of the assistance group.(2s) ADDRESS VERIFICATION. Except when the parent is homeless or is registered with the address confidentiality program under s. 165.68, Stats., a parent shall submit verification of the parent's place of residence to the child care administrative agency at the parent's eligibility determination and redetermination.(3m) SELF-EMPLOYMENT. (a)Requirement to file taxes. Regardless of the amount of a parent's net income, a parent whose approved activity is self-employment shall file personal and business tax returns with the internal revenue service if the parent's gross income from the previous year included income from self-employment.(b)Income information to agency. Except as provided in par. (c) 1., a parent is eligible for the child care subsidy program when the parent's approved activity is self-employment only if the parent submits copies of the parent's most recent personal and business tax returns to the child care administrative agency with the parent's initial request for assistance and at each annual eligibility redetermination.(c)Self-employment income reports.1. Prior to a parent filing a business tax return with the internal revenue service, the parent shall submit documentation of the parent's actual or anticipated business income and expenses to the child care administrative agency on a form prescribed by the department at the times specified in par. (b). This subdivision only applies prior to the parent's first deadline for filing a business tax return under par. (a), including any extension granted by the internal revenue service. 2. If a parent alleges that the business tax return required under par. (b) is not representative of the parent's business income and expenses in the current tax year, the parent may submit documentation of business income and expenses subsequent to the information in the tax return on a form prescribed by the department, in addition to the tax returns required under par. (b). The child care administrative agency shall review the documentation and use the more recent information for eligibility and authorizations if it determines there has been a significant change in the parent's business income and expenses. Note: Form F-001007, Self-Employment Income Report, is available on the Department of Health Services website at https://www.dhs.wisconsin.gov/forms/f0/f00107.pdf.
(d)Additional verification.1. A child care administrative agency may require a parent to provide additional verification of the parent's business income and expenses within 7 days if the agency believes the documentation provided under par. (b) or (c) is questionable or may be falsified.2. The child care administrative agency shall determine that the parent's self-employment is not an approved activity if the parent does not submit the additional verification requested by the agency within 7 days or the information provided by the parent does not resolve the agency's questions.(e)Income threshold for ongoing business. A child care administrative agency shall determine that a parent's self-employment is a hobby and not an approved activity if the parent does not have an annual net business income of at least $400 when the maximum numbers of hours in the parent's authorization is determined under s. DCF 201.039(8m) (b).(4) ANNUAL REDETERMINATION OF ELIGIBILITY. A child care administrative agency shall redetermine a parent's eligibility in the 11th or 12th month following the initial determination of the parent's eligibility or the most recent annual redetermination of the parent's eligibility.(5) ELIGIBILITY TERMINATION. During a parent's 12-month eligibility period, the child care administrative agency shall terminate a parent's eligibility if any of the following conditions are met:(a) The gross income of the assistance group exceeds 85 percent of the state median income for a household of the same size.(b) All of the following conditions are met: 1. The parent is not participating in an approved activity.2. The parent is not taking a temporary break from an approved activity.3. The parent is not in an approved activity search period.(c) The child care administrative agency or the department determines that the parent committed an intentional program violation that invalidates a prior determination of the parent's eligibility.(d) The parent is required to 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 under s. 49.145(2) (f), Stats., and has failed to cooperate with these requirements without good cause under ch. DCF 102.(e) The child or the parent identified in the automation system used in determining eligibility for the child care subsidy program moves out of the state.Wis. Admin. Code Department of Children and Families DCF 201.036
Adopted by, EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 18-088: am. (2), cr. (2e), (2m), (2s), r. (3), r. and recr. (4), cr. (5) Register July 2019 No. 763, eff. 8/1/2019Amended by, EmR2110: emerg. cr. (3m), eff. 3-28-21; CR 21-052: cr. (3m) Register November 2021 No. 792, eff. 1/1/2022For example, a parent may want to renew eligibility for the child care subsidy program early because the parent is at the agency for a renewal of a different program, such as FoodShare.