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State of Wisconsin Department of Children and Families

Child Care Subsidy Copayments and Provider Fees

DCF 201

The statement of scope for this rule, SS 002-23, was approved by the governor on December 22, 2022, published in Register 805A1, on January 3, 2023, and approved by Secretary Emilie Amundson on January 23, 2023. The Wisconsin Department of Children and Families proposes an order to repeal s. DCF 201.06 (4) (b); to renumber and amend s. DCF 201.04 (2) (b) to (d); to amend s. DCF 201.02 (2) (ag) (intro.) and 201.08 (1) (a) and (2) (cm); to repeal and recreate DCF 201.04 (2) (title); and to create ss. DCF 201.038, 201.04 (2g), (2r) (title), and 201.08 (2) (am) 5. and 6., relating to child care subsidy copayments and provider fees.

Analysis Prepared by the Department of Children and Families Statutory authority: Section 227.11 (2) (a), Stats. Statutes interpreted: Section 49.155 (5) (a) and (6), Stats. Related statutes and rules: NA Explanation of Agency Authority Section 49.155 (5) (a), Stats., provides that an individual receiving a subsidy under this section is liable for the difference, if any, between the cost of the child care provided by the child care provider or providers selected by the individual and the subsidy amount. The department shall specify minimum or estimated copayment amounts based on family size, income level, and other factors, a schedule of which will be available in electronic form on the department’s Internet site and in paper form. Section 49.155 (6), Stats., provides the following: (a) The department shall establish maximum payment rates for licensed child care services provided under this section. The department shall set the rates so that at least 75 percent of the number of places for children within the licensed capacity of all child care providers can be purchased by eligible individuals under this section. (b) The department shall set maximum payment rates for Level I certified family child care providers certified under s. 48.651 (1) (a), Stats., for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 90 percent of the rates established under par. (a). (c) The department shall set maximum payment rates for Level II certified family child care providers for services provided to eligible individuals under this section. The maximum rates set under this paragraph may not exceed 90 percent of the rates established under par. (a).