Wisconsin Administrative Code

DCF 120.08 Eligibility determination and payment procedures. (1) The agency shall determine eligibility for emergency assistance within 10 working days after receiving a completed application. If the group is found eligible, the agency shall issue a payment to the emergency assis…

DCF 120.085 Overpayments. (1) MISREPRESENTATION. (a) The department shall recover an overpayment of emergency assistance from the emergency assistance group that was overpaid if the department determines that the overpayment resulted from a misrepresentation by a group member reg…

DCF 120.09 Social services. (1) In determining the emergency assistance group[s total need, the agency shall consider the social service needs of the group and make appropriate referrals to assist the group in meeting those needs. (2) Social service needs include but are not limi…

DCF 120.10 Review of agency decisions. (1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138 (4), Stats., if one of the following occurs or is alleged by the applicant or participant: (a) The application for emergenc…

DCF 13.01 Purpose and scope. This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.686, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.686, Stats., for caregivers, noncaregiver employees, and hou…

DCF 13.02 Definitions. In this chapter: (1) XAgencyY means the department, a certification agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), Stats. (2) XBackground check request formY means a form prescribed by the department o…

DCF 13.03 Background check request. (1) REQUIRED FORMS AND FEES. A background check request shall include a completed background check request form, armed forces records under s. DCF 13.04, release forms, child care background check fees, and any additional information that the d…

DCF 13.04 Obtaining armed forces information. (1) If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the department shall make every reasonable effort to obtain the dischar…

DCF 13.05 Determining whether other offenses are substantially related. (1) CAREGIVERS, NONCAREGIVER EMPLOYEES, AND HOUSEHOLD MEMBERS. To determine whether a caregiver[s, noncaregiver employee[s, or household member[s conviction or delinquency adjudication for an offense that is …

DCF 13.06 Background check eligibility. (1) PRELIMINARY ELIGIBILITY. (a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or household member at the child care progr…

DCF 13.07 Reporting requirements. (1) CHILD CARE DCF 13.07 PROGRAM OFFENSE REPORTING REQUIREMENTS. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a …

DCF 13.08 Sanctions. (1) CHILD CARE PROGRAM. (a) A child care program that does any of the following may be subject to one or more of the sanctions specified in par. (b) by the department or the agency that granted the regulatory approval: 1. Allows a person who has not received …

DCF 13.09 Appeal of background check determinations. (1) APPEAL RIGHTS. (a) The department shall include a statement of appeal rights with a notification of ineligibility under s. DCF 13.06 (3) to the subject of background check. (b) The subject of a department determination unde…

DCF 13.10 Rehabilitation reviews by agency. An agency may conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.686 (5) (a), Stats., and s. DCF 13.11 and is any of the following: (1) A person who has, or is seeking…

DCF 13.11 Eligibility for rehabilitation review. (1) Except as provided under sub. (2), a person may have the opportunity to demonstrate his or her rehabilitation if any of the following apply: (a) Section 48.686 (4m) (a) 2., 3., or 4. applies to the person. (b) The person has be…

DCF 13.12 Applying for rehabilitation review. To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 13.11 shall do all of the following: (1) Obtain a rehabilitation review application on a form prescribed by the department and …

DCF 13.13 Agency rehabilitation review process. (1) TIME FRAME. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received …

DCF 13.14 Appealing a rehabilitation review panel[s denial. (1) (a) A person who is denied rehabilitation approval under s. DCF 13.13 may submit a written request for review of the decision by the secretary or the secretary[s designee under s. 48.686 (5c), Stats. A request for re…

DCF 13.15 Compliance with rehabilitation approval; withdrawal. (1) COMPLIANCE WITH APPROVAL CONDITIONS. A person whose rehabilitation is approved under s. DCF 13.13 shall comply with any conditions and limitations imposed with that approval. (2) WITHDRAWAL OF REHABILITATION APPRO…

DCF 13.16 Permissive acceptance of a rehabilitation approval. (1) SCOPE. (a) 1. An agency may accept a rehabilitation approval granted to a person by another agency if the the chapter was last published. 7 DEPARTMENT OF CHILDREN AND FAMILIES previous rehabilitation approval appli…

DCF 13.17 Fees. The department may charge a fee for the cost of background checks required under s. 48.686, Stats. A child care program shall submit all fees required by the department as directed by the department. History: EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Regis…

DCF 150.01 Introduction. (1) AUTHORITY AND PURPOSE. This chapter is promulgated under the authority of s. 49.22 (9), Stats., for the purpose of establishing a standard to be used in determining child support under ss. 767.225, 767.34, 767.501, 767.511, 767.513, 767.59, and 767.89…

DCF 150.02 Definitions. In this chapter: (1) XAcknowledgement of paternityY means both the mother and the father voluntarily signed and filed a form under s. 69.15 (3) (b) 1. or 3., Stats., with the state registrar. (2) XAdjusted monthly income available for child supportY means …

DCF 150.035 Determining the child support obligation.

DCF 150.04 Determining the child support obligation in special circumstances.

DCF 150.05 Medical support. Note: Chapter HSS 80 was renumbered chapter DWD 40 by emergency rule effective October 1, 1998. Chapter HSS 80 as it existed on July 31, 1999 was renumbered chapter DWD 40, Register, July, 1999, No. 523, eff. 8-1-99. Chapter DWD 40 Preface Section 49.2…

DCF 151.01 Introduction. (1) AUTHORITY AND PURThis 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 …

DCF 151.02 Definitions. In this chapter: (1) XAttorneyY means the district attorney or corporation counsel designated under s. 767.80 (6) (a), Stats. (2) XBest interests of the childY means whatever protects a child from harm and promotes the child[s well-being. (3) XBirth certif…

DCF 151.03 Timely action. 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 DCF …

DCF 151.04 Excluded cases. 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 chil…

DCF 151.05 Disputed cases. (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 emotio…

DCF 152.01 Authority and purpose. 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. History: Cr. Regist…

DCF 152.02 Applicability. 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…

DCF 152.03 Definitions. In this chapter: (1) XAccountY has the meaning given in s. 49.853 (1) (a), Stats. (2) XAdministrative enforcementY 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 chi…

DCF 152.04 Written notice of enforcement actions. (1) APPLICATION. This section applies to notices issued to the payer by the department under ss. 49.852 (2), 49.854 (3) (a) and (ag) 1., (5) (d), (6) (a), (d), and (e), or (7) (a), (d), and (e), 49.856 (3), and 49.857 (3) (a) and …

DCF 152.05 Administrative forfeitures for noncompliance with administrative subpoenas and requests for information. (1) MAXIMUM ADMINISTRATIVE FORFEITURES. The department or a child support agency may require a subpoena respondent who fails to comply with an administrative subpoe…

DCF 152.06 Liens. (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 r…

DCF 152.09 Notice to the payee of enforcement proceedings. (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…

DCF 152.10 Thresholds for administrative enforcement actions. (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%…

DCF 152.12 Agreements with financial institutions. (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 da…

DCF 153.01 Authority and purpose. 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.

DCF 153.02 Definitions. In this chapter: (1) XIV-DY means part D of title IV of the social security act of 1975, the federal law on the child support and establishment of paternity program (42 USC 651 to 669b). (2) XIV-D caseY means a parent or alleged father who is now or eventu…

DCF 153.03 Projected incentive funding. 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.

DCF 153.04 Allocation to counties. (1) ALLOCATION 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 sh…

DCF 153.05 Performance measures. (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 me…

DCF 153.06 Performance levels. (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) Pe…

DCF 153.07 Incentive payment formula. The formula to determine the amount of an agency[s incentive payment is a 4step 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 weigh…