Wis. Admin. Code Department of Children and Families DCF 201.039

Current through August 26, 2024

Section DCF 201.039 - Authorizations

(1) ASSESSMENT OF CHILD CARE NEEDS.

(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:

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.

2. Issue a new authorization based on the assessment.

(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:

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.

2. The parent's next annual eligibility redetermination under s. DCF 201.036(4).

(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:

1. When a 2nd parent or a minor who is the biological parent of the child becomes a member of the assistance group.

2. When the parent requests an authorization and one calendar month or more has passed since the parent's previous authorization ended.

3. When the assistance group's child care needs no longer align with the child care provider's hours of operation.

4. When the parent changes child care providers.

5. When the school year begins for a school-aged child.

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

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

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

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

(c) Any other information requested by the agency regarding the assistance group's child care needs.

(2g) CONTINUITY OF CARE.

(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.

(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:

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.

2. The parent is beginning a temporary break.

3. The parent is beginning an approved activity search period.

(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.

(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.

(2r) EXCESSIVE UNEXPLAINED ABSENCES.

(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.

(b) The child care administrative agency shall terminate the parent's authorization if the agency's efforts at contacting the parent are unsuccessful.

(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.

(4) ASSISTANCE GROUP WITH MORE THAN ONE PARENT.

(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.

(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) .

(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:

(a) Care is provided to 3 or more children from the same assistance group.

(b) Other licensed or certified care is not available within a reasonable geographic area.

(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.

(d) The child has a special need and child care is best provided in the child's home.

(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.

(7) AUTHORIZATION CRITERIA FOR A CHILD CARE PROVIDER'S CHILD.

(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:

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.

2. The department or agency determines that assistance is appropriate because the child has a special need.

3. The parent is the child's foster parent.

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.

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.

6. Both of the following apply:

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.

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.

(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.

(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.

(8m) AUTHORIZATIONS FOR A PARENT WHO IS SELF-EMPLOYED.

(a)New business.

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.

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.

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.

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).

(b)Ongoing business.

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:

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.

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.

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).

(9) MAXIMUM HOURS PER DAY.

(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.

(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.

(10) AUTHORIZATION NOTICE.

(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.

(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.

(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.

(11) BACKDATED START DATE.

(a)Authorization within 30 days after request for assistance or redetermination.

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:

a. The parent has submitted a request for assistance or has completed the annual redetermination of eligibility for the child care subsidy program.

b. The child is receiving child care services from a child care provider.

c. The provider is in compliance with the requirements of s. DCF 201.038(1).

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:

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.

b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.

(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.

(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.

(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:

(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:

1. Travel to the authorized provider has become unreasonable due to any of the following:

a. The assistance group relocated to escape domestic abuse.

b. The assistance group was evicted from their home.

c. The assistance group was formerly homeless and has moved into stable housing.

d. The location of the parent's approved activity suddenly changed.

2. The authorized provider is unable to meet the assistance group's need for child care after any of the following:

a. The schedule of the parent's approved activity suddenly changed.

b. The death or unexpected departure of a parent.

c. The child is expelled due to behavior issues.

d. The child has a special need that is no longer met by the provider.

e. The child has a medical need that cannot be met by the provider.

3. The authorized provider is no longer available to provide child care services due to any of the following:

a. The provider suddenly stops providing child care services.

b. The provider's regulatory approval has been suspended or revoked.

c. Damage to the provider's facility has created an unsafe environment for children.

d. Regulatory restrictions on the number of children, hours of operation, or provider-to-child ratios.

4. There is alleged abuse or neglect of the child by the provider, and a complaint has been made to the appropriate certification or licensing agency.

5. Continuing to receive child care from the authorized provider threatens the safety of the parent or child.

6. Other circumstances outside the parent's control as approved by the department.

(b) The parent notifies the agency of the applicable circumstances in par. (a) within 10 days after the circumstances begin.

(14) NEW PROVIDER EFFECTIVE IN CURRENT MONTH FOR SIBLING. A child care administrative agency may authorize payment for child care by a new provider effective in the current month for the sibling of a child whose circumstances qualify for a hardship authorization under sub. (13) if the sibling attends the same child care provider.

Wis. Admin. Code Department of Children and Families DCF 201.039

Adopted by, EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in numbering (13) (intro.) made under s. 13.92(4) (b) 7, Stats., correction in (13) (a) made under s. 35.17, Stats., Register January 2018 No. 745, eff. 2/1/2018

Amended by, CR 18-088: r. and recr. (1), am. (2) (c), cr. (2g), (2r), r. and recr. (4) (title), renum. (4) to (4) (a) and am., cr. (4) (b), am. (5) (a), (7) (title), r. and recr. (7) (a) 5., am. (7) (a) 6. a., (10) (a), cr. (10m), am. (11) (a) (title), 1. (intro.), a., 2. (intro.), a., (b), (13) (a) (intro.), 1. a., b., c., 2. (intro.) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) 1. made under s. 35.17, Stats., Register July 2019 No. 763, eff. 8/1/2019

Amended by, correction in (1) (b) 2. made under s. 35.17, Stats., Register March 2020 No. 771, eff. 4/1/2020

Amended by, EmR2110: emerg. cr. (8m), eff. 3-28-21; CR 21-052: cr. (8m) Register November 2021 No. 792, eff. 1/1/2022