reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 151 - Establishing the paternity of a nonmarital child › Section DCF 151.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
				promulgated under authority set out in s.
				767.80(6m),
				Stats., for the purpose of establishing the paternity of nonmarital children
				for purposes of child support enforcement.
(2) APPLICABILITY. This chapter applies to
				all cases in which a birth certificate filed under s.
				69.07,
				Stats., on or after September 1, 1988, does not contain the name of a father.
				Procedures under this chapter shall be followed by county officials charged
				with duties under ss.
				59.53(5)
				and
				767.80(6m),
				Stats. This chapter does not apply to cases in which an assignment of rights to
				support has been made to the state under s.
				49.19(4)
				(h) 1 or
				49.45(19),
				Stats., nor to cases in which the mother applies for paternity establishment
				services under s.
				49.22,
				Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 151 - Establishing the paternity of a nonmarital child › Section DCF 151.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Attorney" means the district attorney or corporation counsel designated under
				s.
				767.80(6)
				(a), Stats.
(2) "Best interests of the child" means
				whatever protects a child from harm and promotes the child's
				well-being.
(3) "Birth certificate"
				means the record made under s.
				69.14,
				Stats.
(4) "County child support
				agency" means the office, officer, board, department or agency designated by a
				county board under s.
				59.53(5),
				Stats.
(5) "Caretaker relative"
				means the blood relative or blood relative's spouse with whom the child resides
				at the time the attorney takes action to establish paternity.
(6) "Department" means the Wisconsin
				department of children and families.
(7) "Establish paternity" means to file a
				statement acknowledging paternity pursuant to s.
				69.15(3) (b)
				1 or 3., Stats., provided that s.
				891.41,
				Stats., does not apply to any other person, or to obtain a judgment of
				paternity.
(8) "Nonmarital child"
				means a child for whom no father is named on the child's birth
				certificate.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 151 - Establishing the paternity of a nonmarital child › Section DCF 151.03 - Timely action

Current through June 24, 2024
When the attorney receives from the department under s.
				  69.03(15),
				  Stats., the name of a nonmarital child who is a resident of the county and the
				  nonmarital mother's address, the attorney shall:
(1) Send a written communication to the
				mother at the mother's last known address, describing the legal implications of
				paternity establishment, the paternity establishment process, applicable fees,
				how to apply for the services offered by the child support agency, including
				services to establish paternity, the circumstances when the attorney will not
				take action to establish paternity under s.
				DCF 151.04, and
				the rights of the mother and other caretaker relatives under s.
				DCF
				151.05.
(2) Make a reasonable effort to obtain the
				mother's cooperation in establishing paternity;
(3) Make a reasonable effort to locate the
				father within 90 days after the date on the written communication required
				under sub. (1); and
(4) With the
				cooperation of the mother, if obtained, and upon location of the probable
				father or a possible father, commence an action to establish paternity, except
				as provided under s.
				DCF
				151.04.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 151 - Establishing the paternity of a nonmarital child › Section DCF 151.04 - Excluded cases

Current through June 24, 2024
The attorney may not take any action to establish paternity
				  if:
(1) The child was conceived by
				artificial insemination and information about the father has been omitted from
				the birth certificate in accordance with s.
				69.14(1)
				(g), Stats.;
(2) The child was born to a surrogate mother
				and information about the father has been omitted from the birth certificate in
				accordance with s.
				69.14(1)
				(h), Stats.;
(3) The child was conceived as a result of
				sexual assault as defined in s.
				940.225(1)
				(a), Stats.;
(4) The child was conceived by
				incest;
(5) Adoption proceedings
				for the child are pending as evidenced by a petition for adoption filed with
				the court;
(6) The mother or the
				caretaker relative opposes the establishment of paternity and the attorney
				determines that the establishment of paternity would be reasonably anticipated
				to result in physical or emotional harm to the child, the mother or the
				caretaker relative; or
(7) A
				guardian ad litem appointed under s.
				DCF
				151.05(2), or appointed under any
				other provision, determines that it would not be in the best interests of the
				child to establish paternity.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 151 - Establishing the paternity of a nonmarital child › Section DCF 151.05 - Disputed cases

Current through June 24, 2024
(1) The attorney shall commence a court
				action to establish paternity for all cases except those meeting the criteria
				for exclusion in s.
				DCF 151.04,
				unless:
(a) The mother opposes the
				establishment of paternity because of the risk of physical or emotional harm to
				the child or herself; or
(b) The
				caretaker relative opposes the establishment of paternity because of the risk
				of physical or emotional harm to the child or the caretaker relative.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  49.22(2m)
				  (d),
				  49.853(1) (dm)
				  and (2),
				  49.854(17),
				  49.858(2),
				  and
				  767.70(2),
				  Stats., for the purpose of administering the child support program under s.
				  49.22,
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.02 - Applicability

Current through June 24, 2024
This chapter applies to the department and county child
				  support agencies under s.
				  59.53(5),
				  Stats., individuals participating in the child support program under s.
				  49.22,
				  Stats., financial institutions doing business in the state, and persons subject
				  to administrative subpoenas issued in accordance with s.
				  49.22(2m)
				  (b), Stats., or requests for information
				  issued in accordance with s.
				  49.22(2m)
				  (a), Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Account" has the meaning given in s.
				49.853(1)
				(a), Stats.
(2) "Administrative enforcement" means the
				department or a child support agency does any of the following:
(a) Puts child support liens into effect by
				placing them on the child support lien docket and electronically delivers the
				docket to the county registers of deeds.
(b) Receives proceeds from the sale of
				property when there is a child support lien against the property, and either
				the payer has transferred the property or the property has been seized and sold
				by an entity other than the department or a child support agency.
(c) Takes any administrative enforcement
				action.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.05 - Administrative forfeitures for noncompliance with administrative subpoenas and requests for information

Current through June 24, 2024
(1) MAXIMUM
				ADMINISTRATIVE FORFEITURES. The department or a child support agency may
				require a subpoena respondent who fails to comply with an administrative
				subpoena issued in accordance with s.
				49.22(2m)
				(b), Stats., or a request for information
				made under s.
				49.22(2m)
				(a), Stats., to pay an administrative
				forfeiture of $25. If the failure to comply with an administrative subpoena or
				request for information is the result of intentional conduct by the subpoena
				respondent to hide information, falsify information, or provide incomplete
				information, the department or child support agency may require the subpoena
				respondent to pay an administrative forfeiture of $500.
Note: Subpoena respondents may use the procedure in s.
				  805.07(3),
				  Stats., to attempt to quash an administrative subpoena.
Note: The department or child support agency will collect a
				  forfeiture in accordance with s.
				  778.01,
				  Stats.
(2) WHEN IMPOSED.
				The department or a child support agency shall determine when it is appropriate
				to impose an administrative forfeiture for failure to comply with a request for
				information or an administrative subpoena. In accordance with s.
				49.22(2m)
				(a), Stats., a subpoena respondent who fails
				to comply with a request for information or an administrative subpoena may not
				be subject to administrative forfeiture if access to the requested information
				is prohibited or restricted by law, or if the subpoena respondent has good
				cause for refusing to cooperate with the request.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.06 - Liens

Current through June 24, 2024
(1) LIEN DOCKET.
(a) The department shall maintain a statewide
				support lien docket in accordance with s.
				49.854(2)
				(b) and (c), Stats. The department shall be
				responsible for periodically updating the lien docket and providing a copy of
				the lien docket to the register of deeds and the child support agency in each
				county.
(b) The department or the
				child support agency shall be responsible for responding to inquiries
				concerning information recorded on the lien docket. The county register of
				deeds may refer any person who has an inquiry about the lien docket to the
				department or the child support agency.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.08 - Seizure of property

Current through June 24, 2024
(1) FREEZING FINANCIAL ACCOUNTS.
(a) The department or a child support agency
				may not issue a notice of levy under s.
				49.854(5)
				(b), Stats., unless the sum of the funds in
				all of the payer's financial accounts, minus the $5 levy fee under s.
				49.854(11)
				(a), Stats., and any early withdrawal penalty
				under s.
				49.854(5)
				(e), Stats., exceeds $500.
(b) The notice of levy under s.
				49.854(5)
				(b), Stats., shall instruct the financial
				institution of the following:
1. The maximum
				amount frozen in an account at the time the notice of levy is received may not
				exceed the amount specified by the department or child support agency in the
				notice.
2. The maximum amount
				frozen in an account at the time the levy notice is received may not exceed the
				payer's ownership interest.
Note: According to s.
				  224.40(3)
				  (c), Stats., a financial institution is not
				  liable for encumbering or surrendering any assets held by the financial
				  institution in response to instructions from the department or a county child
				  support agency for the purpose of enforcing a child support order.
(c) The department,
				child support agency, and financial institution shall presume that a payer's
				ownership interest in an account is an equal pro-rata share of the account
				based on the number of individuals with a recorded ownership interest in the
				account.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.09 - Notice to the payee of enforcement proceedings

Current through June 24, 2024
(1) If the child
				support agency is aware that a payer is subject to a protective order with
				respect to a payee or child in his or her case, the child support agency has
				reason to believe that a payee or child in a payer's case may be harmed
				physically or emotionally by the payer or the payee made a written request to
				be notified of all administrative enforcement actions, the department or the
				child support agency shall provide written notice to the payee when an
				administrative enforcement action has been initiated against the payer. The
				notice to the payee shall be sent at the same time notice is sent to the payer
				in accordance with s.
				49.852(2),
				49.854(5)
				(b), (6) (a), or (7) (a),
				49.856(2),
				or
				49.857(3)
				(a), Stats.
(2) The department or child support agency
				shall provide a notice of hearing to the payee when the payer requests a
				hearing under s.
				49.852(2)
				(b),
				49.854(3)
				(ag) 2. or (ar), (5) (d) 6., (6) (b) 3. or (7) (b) 1 c., 49.856 (3) (b), or
				49.857 (3) (a) 5. or (am) 5., Stats., and the
				hearing has been scheduled.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.10 - Thresholds for administrative enforcement actions

Current through June 24, 2024
(1) LICENSE
				SUSPENSION. The department or child support agency may initiate license
				suspension under s.
				49.857,
				Stats., if there is a lien against a payer, and the lien amount in the payer's
				case equals or exceeds 300% of the monthly amount due in the court
				order.
(2) ACCOUNT SEIZURE. The
				department or child support agency may initiate an account seizure under s.
				49.854(5),
				Stats., if there is a lien against a payer, and the lien amount in the payer's
				case equals or exceeds 300% of the monthly amount due in the court order or
				$1,000, whichever is greater.
(3)
				REAL AND PERSONAL PROPERTY SEIZURE. The department or child support agency may
				initiate personal property seizure under s.
				49.854(6),
				Stats., or real property seizure under s.
				49.854(7),
				Stats., if there is a lien against a payer, and the lien amount in the payer's
				case equals or exceeds 600% of the monthly amount due in the court
				order.
(4) INTERCEPT OF LUMP-SUM
				PENSION PAYMENTS, JUDGMENTS, AND SETTLEMENTS. The department or child support
				agency may initiate the intercept of lump-sum pension payments under s.
				49.852,
				Stats., or the intercept of judgments and settlements under s.
				49.856,
				Stats., when a payer has been placed on the child support lien
				docket.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.11 - Alternative payment plans

Current through June 24, 2024
(1) APPLICABILITY
				OF ALTERNATIVE PAYMENT PLANS. When the department or a child support agency
				enforces a lien through seizure of real property or personal property, seizure
				of financial accounts, or denial, nonrenewal, restriction, or suspension of
				licenses, the payer may negotiate an alternative payment plan with the child
				support agency.
(2) NEGOTIATION OF
				AN ALTERNATIVE PAYMENT PLAN AFTER RECEIVING NOTICE OF AN ADMINISTRATIVE
				ENFORCEMENT ACTION.
(a) The notices issued
				under s.
				49.854(5)
				(d), (6) (a), or (7) (a), or
				49.857(3)
				(a) or (am), Stats., shall inform the payer
				of the opportunity to negotiate an alternative payment plan, and shall notify
				the payer of the circumstances under which the payer may request a court
				hearing under s.
				49.854(5)
				(f), (6) (c), or (7) (c), or
				49.857(3)
				(ac) or (ar), Stats.
Note: Under ss.
				  49.854(5)
				  (d), (6) (b), and (7) (b), and
				  49.857(3)
				  (a) and (am), Stats. notices must inform the
				  payer of his or her opportunity to request a hearing within 20 business days
				  after the date of the notice.
(b) A payer may submit a written request to
				the child support agency to negotiate an alternative payment plan within 10
				business days after the date of notice under s.
				49.854(5)
				(d), (6) (a), or (7) (a), or
				49.857(3)
				(a) or (am), Stats. The payer may submit a
				written request for a court hearing on the reasonableness of the plan within 20
				business days after the date of notice under s.
				49.854(5)
				(d), (6) (a), or (7) (a), or
				49.857(3)
				(a) or (am), Stats.
(c) If the child support agency and the payer
				are unable to reach agreement on the terms of a plan, and the payer requested a
				court hearing within 20 business days after the date of notice under s.
				49.854(5)
				(d), (6) (a), or (7) (a), or
				49.857(3)
				(a) or (am), Stats., a hearing shall be
				conducted. If the court determines that the plan is not reasonable, it may
				order a plan by setting payments pursuant to s.
				767.77(1),
				Stats., in the amounts and at the times it considers expedient.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 152 - Child Support Administrative Enforcement › Section DCF 152.12 - Agreements with financial institutions

Current through June 24, 2024
(1) PROCESS FOR
				ENTERING INTO AGREEMENTS WITH FINANCIAL INSTITUTIONS.
(a) The department or its designee shall
				enter into agreements with financial institutions to operate a financial record
				matching program using an automated data exchange to the extent feasible to
				identify the accounts of delinquent payers. In the agreement, the financial
				institution shall agree to provide information on the accounts maintained at
				the institution in a standard format prescribed by the department, and shall
				indicate all of the following:
1. The
				financial institution matching option in s.
				49.853(3),
				Stats., or the state matching option in s.
				49.853(4),
				Stats., as the method for participating in the financial record matching
				program.
2. The media for
				transmitting data to the department or receiving data from the department.
Note:
The standard format for record matching
				  will be based on specifications provided by the U.S. department of health and
				  human services.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  49.24,
				  Stats., for the purpose of specifying the procedure by which the department
				  will distribute federal and state child support incentive payments to
				  counties.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.03 - Projected incentive funding

Current through June 24, 2024
In consultation with the county contract committee, the
				  department shall estimate the total state and federal incentive funding that
				  will be available for distribution to counties under s.
				  49.24,
				  Stats., in the following year.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.04 - Allocation to counties

Current through June 24, 2024
(1) ALLOCATION CRITERIA. In consultation with
				the county contract committee, the department shall determine the amount of the
				projected incentive funding that will be allocated to each county using the
				following criteria:
(a) All child support
				agencies shall have funds available to achieve performance measures.
(b) Agencies of similar size shall receive
				equitable treatment.
(c) A high
				level of performance is necessary in the large Wisconsin agencies to maximize
				the federal share of incentives.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.05 - Performance measures

Current through June 24, 2024
(1) In consultation with the county contract
				committee, the department shall establish state measures of performance, and
				agencies shall earn incentive payments specified under s.
				49.24,
				Stats., based on individual agency performance under each measure of
				performance.
(2) The state measures
				of performance shall include one or more of the following:
(a)
Paternity establishment
				percentage.
The paternity establishment percentage is one of the
				following:
1. The ratio of the total number
				of nonmarital children in the IV-D caseload in the federal fiscal year or as of
				the end of the federal fiscal year for whom paternity is established or
				acknowledged to the total number of nonmarital children in the IV-D caseload as
				of the end of the preceding federal fiscal year.
2. The ratio of the total number of minor
				nonmarital children for whom paternity has been established or acknowledged
				during the federal fiscal year to the total number of nonmarital children born
				during the preceding federal fiscal year.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.06 - Performance levels

Current through June 24, 2024
(1) In consultation with the county contract
				committee, the department shall determine all of the following:
(a)
Weight.
A weight to be
				given each performance measure in s.
				DCF
				153.05(2). The combined weight of the
				measures shall total 100%.
(b)
Performance scales.
Performance scales used to determine
				agency earned levels based on performance on each measure in s.
				DCF
				153.05(2). There shall be the
				following two methods of determining earned levels:
1. Performance levels and corresponding
				earned levels based on federal performance levels at
				45
				CFR 305.33, taking into consideration any
				potential penalties under
				45 CFR
				305.40.
2. An alternative method of evaluating
				performance levels based on an agency's incremental change from the agency's
				performance in the preceding year.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.07 - Incentive payment formula

Current through June 24, 2024
The formula to determine the amount of an agency's incentive
				  payment is a 4-step process as follows:
(1) The first step is to determine an
				agency's earned amount for each performance measure by multiplying each
				agency's allocation by the weighted earned level for each measure. The agency's
				earned amounts for all measures are then added to determine the agency's
				combined earnings.
(2) The second
				step is determining the statewide combined earnings by adding the agency
				combined earnings from sub. (1) for all agencies.
(3) The third step is determining each
				agency's share of the total available incentive funding by dividing the agency
				combined earnings under sub. (1) by the statewide combined earnings under sub.
				(2).
(4) The fourth step is
				determining each agency's incentive payment amount by multiplying the agency's
				share of the total available incentive funding under sub. (3) by the total
				available incentive funding.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 153 - Child support incentive payments › Section DCF 153.08 - Distribution and use of incentive payments

Current through June 24, 2024
(1) The department
				shall distribute the total available incentive funding under s.
				49.24,
				Stats., to counties and to tribes or tribal organizations eligible under sub.
				(2).
(2) A tribe or tribal
				organization that enters into a cooperative agreement with the department for
				the delivery of child support services under the state plan pursuant to
				42 USC
				654(33) shall receive an
				incentive payment under this chapter based on the same criteria and subject to
				the same restrictions as counties carrying out activities under the state plan.
				A tribe or tribal organization that receives direct tribal child support
				enforcement funding pursuant to
				42 USC
				655(f) may not receive an
				incentive payment under this chapter.
(3) The total state and federal incentive
				payments to a county per year under s.
				49.24,
				Stats., may not exceed the costs per year of the county's child support program
				under s.
				49.22,
				Stats.
(4) A county that receives
				any state or federal incentive payments under s.
				49.24,
				Stats., may use the funds only to pay costs under its child support program
				under s.
				49.22,
				Stats.
(5) A county that receives
				any state or federal incentive payments under s.
				49.24,
				Stats., may use the funds only to supplement, and not supplant, the baseline
				level of county funding for its child support program as determined by
				averaging the county's contribution to its IV-D expenditures in calendar years
				1996, 1997, and 1998, unless waived by the department. The department will
				waive this subsection if the state is in compliance with
				45
				CFR 305.35.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a process to
				  screen for, and, if appropriate, test for the use of controlled substances by
				  persons ordered to participate in the Children First work experience program
				  administered by the department under s.
				  49.36,
				  Stats., and to refer persons determined to be abusing a controlled substance to
				  a treatment provider for a substance abuse assessment and evaluation and
				  appropriate treatment as required by s.
				  49.162,
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.03 - Information about the requirement for controlled substance abuse screening, testing, and treatment

Current through June 24, 2024
An administering agency shall provide to any person who has
				  been ordered by a court to register for a work experience program under s.
				  49.36,
				  Stats., information that explains the requirement to undergo screening,
				  testing, and treatment for abuse of controlled substances. The information
				  shall be in a format approved by the department.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.04 - Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse

Current through June 24, 2024
(1) WHO MUST
				COMPLETE A SCREENING QUESTIONNAIRE. An administering agency shall administer a
				controlled substance abuse screening questionnaire approved by the department
				to any person ordered to participate in a work experience program.
(2) EFFECT OF FAILING TO COMPLETE SCREENING
				QUESTIONNAIRE. The person is required to answer all questions on the screening
				questionnaire, sign and date the questionnaire, and submit it to the
				administering agency. A person who fails to submit a completed screening
				questionnaire is not eligible to participate in a work experience program, and
				the administering agency shall inform the clerk of courts by affidavit that the
				person is not eligible to participate in the program.
(3) EFFECT OF SUCCESSFULLY PASSING THE
				SCREENING QUESTIONNAIRE. A person whose score on the screening questionnaire
				does not establish a reasonable suspicion of abuse of a controlled substance
				has fully satisfied the requirements of this chapter and may participate in a
				work experience program subject to this chapter without further screening,
				testing, or treatment.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.06 - Requiring participation in treatment

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO PARTICIPATE IN TREATMENT. Every person who undergoes a test under
				s.
				DCF
				154.05 and tests positive for the use of a controlled
				substance without presenting evidence satisfactory to the administering agency
				that the individual possesses a valid prescription for each controlled
				substance for which the individual tests positive, and as determined by the
				medical review officer for the drug testing vendor, shall be required to
				participate in treatment in order to be eligible to participate in a work
				experience program.
(2) REFERRAL
				FOR TREATMENT. The administering agency shall provide information to every
				person required to participate in treatment about treatment providers and
				county-specific assessment and enrollment activities required for entry into
				treatment. The administering agency shall monitor the person's progress in
				entering and completing treatment and the results of any random testing for the
				use of a controlled substance carried out during or at the conclusion of
				treatment.
(3) SUBSTANCE ABUSE
				EVALUATION AND ASSESSMENT. A treatment provider may conduct a substance abuse
				evaluation and assessment and take any of the following actions based on the
				evaluation and assessment:
(a) If a treatment
				provider determines a person does not need treatment, the provider shall notify
				the administering agency of its determination.
(b) If a treatment provider determines a
				person is in need of treatment, the provider shall refer the person to an
				appropriate treatment program to begin treatment and shall notify the
				administering agency of the referral and the expected begin date and duration
				of treatment.
(c) If a treatment
				provider determines a person is in need of treatment but is unable to refer the
				person because there is a waiting list for enrollment in appropriate treatment
				programs, the provider shall notify the administering agency when the person is
				expected to be enrolled.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.07 - Effect of completing, voluntarily withdrawing, or being terminated from a work experience program

Current through June 24, 2024
A person who completes or voluntarily withdraws from the
				  work experience program is no longer subject to s.
				  49.162,
				  Stats., or this chapter. A person who is terminated from the program for
				  reasons unrelated to substance abuse screening, testing, and treatment is no
				  longer subject to s.
				  49.162,
				  Stats., or this chapter, as of the date of termination from the
				  program.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 154 - Substance Abuse Screening, Testing, And Treatment for The Children First Program › Section DCF 154.08 - Confidentiality of records

Current through June 24, 2024
Screening questionnaires, testing results, and treatment
				  records relating to this chapter may not be disclosed unless for purposes
				  connected with the administration of the program unless disclosure is otherwise
				  authorized by law or by written consent from the person who is the subject of
				  the record. The department may establish administrative, physical, and
				  technical safeguard procedures administering agencies may be required to follow
				  to assure compliance with state and federal laws relating to public assistance
				  program records, drug testing and treatment records, and medical
				  records.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.01 - Purpose and applicability

Current through June 24, 2024
This chapter provides standards and procedures for the
				  administration of the child care subsidy program under ss.
				  49.155
				  and
				  227.11(2)
				  (a), Stats. This chapter applies to the
				  department, child care administrative agencies, child care providers, and
				  eligible parents.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Account number" means a number that
				appears on a parent's EBT card and is linked to the parent's electronic child
				care subsidy.
(1d) "Approved
				activity" means an activity specified under s.
				49.155 (1m)
				(a), Stats.
(1h) "Approved activity search period" means
				the 3-month eligibility period after the parent permanently ceases
				participation in any approved activity under s.
				49.155 (1m) (a)
				(intro.), Stats.
(1p) "Assistance
				group" means the individuals in a household that are included in determining
				eligibility for the child care subsidy program under s.
				DCF 201.036
				(2).
(1t) "Authorization" means written approval
				by a child care administrative agency for payment under the child care subsidy
				program for child care for a specific child, by a specific child care provider,
				for up to a specific number of hours, during a specific time period.
(2m) "Certification agency" means the
				department in a county having a population of 750,000 or more; a county
				department of social services established under s.
				46.22, Stats.; a county
				department of human services established under s.
				46.23, Stats.; a tribal agency;
				or any agency that contracts with any of those entities to certify child care
				providers under s. 48.651, Stats.
(3) "Child care administrative agency" or
				"agency" means any of the following:
(a) An
				agency that has a contract with the department to administer the child care
				subsidy program.
(b) An agency that
				has a subcontract to administer the child care subsidy program with an agency
				that has a contract with the department.
(c) In a county with a population of 750,000
				or more, the department or the Milwaukee County enrollment services unit as
				provided in ss. 49.155 (3g) (a)
				and 49.825 (2) (b),
				Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.03 - Department powers and responsibilities

Current through June 24, 2024
(1) GENERAL. The
				department shall maintain oversight responsibility of local administration of
				the child care subsidy program by child care administrative agencies.
(2) RATE DETERMINATION. Notwithstanding s.
				49.155(6),
				Stats., and s.
				DCF
				201.06, the department may determine maximum rates
				under s.
				49.155(6d)
				(a) 3, Stats.
(3) ASSISTANCE TO CHILD CARE ADMINISTRATIVE
				AGENCIES. The department shall provide information and technical assistance to
				child care administrative agencies regarding administration of the child care
				subsidy program.
(6) INCENTIVE
				PROGRAM FOR LOCAL FRAUD DETECTION. The department shall provide an incentive
				payment as specified under s.
				DCF
				201.044 to a local agency for identifying fraud in the
				child care subsidy program.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.034 - Child care administrative agencies

Current through June 24, 2024
(1) The department
				may contract with a child care administrative agency to administer, or to share
				in the administration of, the child care subsidy program in a particular county
				or geographical area.
(2) The
				duties of a child care administrative agency shall include all of the
				following:
(a) Responding to requests for
				information on the child care subsidy program
(b) Ensuring that a parent's eligibility for
				the subsidy program is accurately determined.
(c) Assessing an assistance group's child
				care needs.
(d) Providing
				information to a parent about resources for identifying potential child care
				providers.
(e) Determining a
				parent's copayment amount.
(f)
				Establishing an authorization for subsidized child care for an eligible
				parent.
(g) Ensuring program
				integrity, including determining and processing overpayments.
(h) Representing the agency in appeals under
				ch. 227, Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.035 - Incentive program for local fraud detection

Current through June 24, 2024
(1) DEFINITION. In
				this section, "local agency" means a child care administrative agency,
				excluding an agency in a county having a population of 500,000 or
				more.
(2) IDENTIFYING FRAUD. The
				department shall provide an incentive payment to a local agency for identifying
				fraud in the child care subsidy program on the part of a child care provider if
				all of the following apply:
(a) The local
				agency investigates the child care provider by doing any of the following:
1. Conducting site visits.
2. Collecting and reviewing the provider's
				attendance and billing records.
3.
				Interviewing persons of interest.
4. Gathering supporting case
				information.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.036 - Eligibility

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.037 - Reporting requirements

Current through June 24, 2024
(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:
(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:
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.
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.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.038 - Child care providers

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.039 - Authorizations

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.04 - Payments and overpayments

Current through June 24, 2024
(1) GENERAL. The
				child care subsidy in a parent's account may only be used to compensate a
				provider that is in compliance with s.
				DCF 201.038
				(1) for child care authorized under s.
				DCF
				201.039 for the child of a parent eligible under s.
				49.155 (1m),
				Stats., and provided within the terms of the provider's regulation and the
				parent's authorization.
(2) MONTHLY
				SUBSIDY PAYMENTS FOR CHILD CARE SERVICES.
(a)
Amount.
The amount of a monthly subsidy payment shall be based
				on the number of hours of child care that an agency authorizes and any of the
				following that are applicable:
1. For care by
				a provider licensed under s.
				48.65, Stats., the lower of the
				provider's child care price or the applicable maximum rate under s.
				DCF 201.06
				(4), minus any copayment required under s.
				DCF
				201.08.
2.
				For care by a provider certified under s.
				48.651, Stats., the applicable
				rate under s.
				DCF 201.06
				(5), minus any copayment required under s.
				DCF
				201.08.
3.
				For care at a child care program established or contracted for by a school
				board under s. 120.13 (14),
				Stats., the applicable rate under s.
				DCF 201.06
				(6), minus any copayment required under s.
				DCF
				201.08.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.044 - Incentive program for local fraud detection

Current through June 24, 2024
(1) DEFINITION. In
				this section, "local agency" means a child care administrative agency,
				excluding an agency in a county having a population of 500,000 or
				more.
(2) IDENTIFYING FRAUD. The
				department shall provide an incentive payment to a local agency for identifying
				fraud in the child care subsidy program on the part of a child care provider if
				all of the following apply:
(a) The local
				agency investigates the child care provider by doing any of the following:
1. Conducting site visits.
2. Collecting and reviewing the provider's
				attendance and billing records.
3.
				Interviewing persons of interest.
4. Gathering supporting case
				information.
Wisconsin Administrative Code › Department of Children and Families › DCF 201-252 - Early Care and Education › Chapter DCF 201 - Child Care Subsidy Program › Section DCF 201.045 - Payment of child care costs outside of the voucher system

Current through June 24, 2024
The department may reimburse a county agency, tribal agency,
				  W-2 agency, or private nonprofit agency that provides child care for children
				  of migrant workers for direct child care services or child care costs incurred
				  on-site or for contracted child care approved in advance by the department.
				  Reimbursement rates for contracts and services may be negotiated by the county,
				  tribe, or W-2 agency and approved by the department or may be set by the
				  department.