Section DCF 201.038 - Child care providers(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: (a)Regulated child care. The child care provider is any of the following: 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 252.2. '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.3. 'School board.' A child care program established or contracted for by a school board under s. 120.13 (14), Stats.4. 'Out-of-state provider.' A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.(b)Quality rating system. The child care provider is any of the following: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.2. An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect. 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.
(c)Fingerprint background check. The provider is in compliance with the requirements in s. 48.685 (2) (a), Stats. Note: Section 48.685 (2) (a), Stats., has been repealed.
(1m) PROVIDER SUBMISSION REQUIREMENTS. (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.(b) Each provider that charges a registration fee shall submit the amount of the fee to the department.(2) ELECTRONIC FUND TRANSFER. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.(3) PARENTAL CHOICE. A parent may choose any child care provider that meets the conditions in sub. (1).(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.(5) WRITTEN PAYMENT AGREEMENT.(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.(b) The written payment agreement between a provider and parent shall include all of the following:1. The provider's monthly or weekly child care price.2. The provider's days and hours of operation.3. Any discounts or scholarships that are available to parents, and any discounts or scholarships that the parent is receiving.4. The parent's payment schedule.5. The provider's anticipated closure dates.6. Payment expectations for the child's anticipated and unanticipated absences and the provider's closure dates.7. Parent procedures for termination of a child's enrollment.8. Provider procedures for termination of a child's enrollment.9. Any fees that parents are required to pay.(c) A provider shall retain a copy of each current written payment agreement at the location where child care is provided.(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. Note: DCF-F-5224, Provider/Parent Child Care Payment Agreement, is a voluntary form that a provider may use to comply with this subsection.
(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).(7) CONFIDENTIALITY. A provider may not do any of the following: (a) Require a parent to disclose the balance in the parent's child care subsidy account.(b) Require a parent to provide the parents EBT card, account number, or personal identification number to the provider.(c) Possess a photocopy, photo, or other image of a parent's EBT card.(d) Possess a parent's subsidy account number or personal identification number.(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.Wis. Admin. Code Department of Children and Families DCF 201.038
Adopted by, EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2/1/2018Amended by, 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, eff. 8/1/2018Amended by, CR 18-088: am. (8) (title) Register July 2019 No. 763, eff. 8/1/2019Amended by, correction in (1) (c) made under s. 13.92(4) (b) 7, Stats., Register March 2020 No. 771, eff. 4/1/2020Amended by, correction in (1) (c). made under s. 35.17, Stats., Register November 2021 No. 792, eff. 1/1/2022Amended by, 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. 2/1/2024