Wisconsin Administrative Code

DCF 154.05 Requiring a test for the use of a controlled substance. (1) WHO MAY BE REQUIRED TO UNDERGO TESTING. A person whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use…

DCF 154.06 Requiring participation in treatment. (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 agenc…

DCF 154.07 Effect of completing, voluntarily withdrawing, or being terminated from a work experience program. 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 fr…

DCF 154.08 Confidentiality of records. 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 writte…

DCF 201.01 Purpose and applicability. 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 provide…

DCF 201.02 Definitions. 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 activ…

DCF 201.03 Department powers and responsibilities. (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., a…

DCF 201.034 Child care administrative agencies. (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 …

DCF 201.036 Eligibility. (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), Sta…

DCF 201.037 Reporting requirements. (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 inc…

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 t…

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 th…

the chapter was last published. DCF 201.04 ERAL. WISCONSIN ADMINISTRATIVE CODE 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 pa…

DCF 201.044 Incentive program for local fraud detection. (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 incent…

DCF 201.06 Establishing maximum rates. (1) RATE (a) County. The department shall set maximum rates for child care services in each county within the state. A tribal area shall be included in the county in which it is geographically located. (b) Age groups. Within each county, the…

DCF 201.065 Parent appeal rights. (1) RIGHT TO APPEAL. (a) General. A parent applying for or receiving payments under the child care subsidy program may appeal any of the following actions by the department or a child care administrative agency: 1. Denial of an application in who…

DCF 201.07 Provider appeal rights. (1) A child care provider who contests any of the following actions may request a departmental review: (a) Refusal to issue new child care authorizations. (b) Revocation of existing child care authorizations. (c) Refusal to issue payment to the …

DCF 201.08 Parent copayments. (1) SCHEDULE. (a) The department shall set a schedule for parent copayment responsibilities for all parents who receive a child care subsidy, except as provided under sub. (2). Copayment amounts will be based on the size of the assistance group and t…

DCF 202.01 Authority, purpose, applicability, and exceptions. (1) AUTHORITY AND PURPOSE. This chapter is promulgated under the authority of s. 48.651 (1d), Stats., to establish standards for the certification of persons who provide child care for 1 to 3 children. The standards ar…

DCF 202.02 Definitions. In this chapter: (1) XBackground check request formY means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13. Note: Form DCF-F-5296, Background C…

DCF 202.04 Certification. (1) BASIS FOR CERTIFICATION. In order to be certified, a child care operator shall meet all of the following conditions: (a) The operator is exempt from the licensure requirement under s. 48.65, Stats. (b) There is no child care center licensed under ch.…

DCF 202.06 Enforcement actions and conditions. (1) A certification agency may deny, suspend, revoke, refuse to renew certification, issue a warning of enforcement, initiate other enforcement actions specified in this chapter, or place conditions on the certification if any of the…

DCF 202.07 Complaints. (1) Except as provided in sub. (2), a certification agency shall investigate a complaint about a certified child care operator within 10 working days after receiving the complaint. (2) No later than the next day after a certification agency receives a compl…

DCF 202.08 Standards for family child care and inhome child care. (1) QUALIFICATIONS OF PROVIDERS. (a) Ability, age and health. 1. A provider shall be physically, mentally, and emotionally able to provide responsible child care and shall be at least 18 years of age. 2. Each child…

DCF 204.01 Authority and purpose. This chapter is promulgated under the authority of s. 49.137 (4m), Stats., to administer a program that awards grants to local governments and tribes to improve the supply, accessibility, and quality of child care.

DCF 204.02 Definitions. In this chapter: (1) XApplicationY means a request for funding under this chapter made in response to an RFP. (2) XChild careY means licensed care under s. 48.65, Stats., certified care under s. 48.651, Stats., care provided under s. 49.155 (3m), Stats., o…

DCF 204.03 Department powers and duties. (1) The department may grant federal funds available under 42 USC 618 to local governments and tribes that comply with 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP. (2) The department shall publish a req…

DCF 204.04 Applicants. (1) INITIAL GRANTS. Any local government or tribe that is located in Wisconsin may submit an application for an initial grant under s. DCF 204.07. (2) CONTINUING GRANTS. Any recipient of an initial grant may apply for a continuing grant under s. DCF 204.07 …

DCF 204.05 Match requirement. A local government or tribe that applies for funds under this chapter shall certify that matching expenditures represent expenditures eligible for federal match as required under 42 USC 9858-9858q, 45 CFR Parts 98 and 99, this chapter, and the RFP. T…

DCF 204.06 Use of grant funds. (1) ALLOWABLE USES. A local government or tribe may use grant funds received under this chapter in any of the following ways: (a) Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct a…

DCF 204.07 Amount of grants. (1) INITIAL GRANT. If initial grants are awarded, the amount of an initial grant shall be based on the following: (a) The amount requested by the applicant. (b) The amount of match identified by the applicant. (c) The amount of funding allocated to th…

DCF 21.01 Purpose. This chapter provides conditions and procedures for re-entry into out-of-home care for youth under ss. 48.366 and 938.366, Stats. History: EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15.

DCF 21.02 Definitions. In this chapter: (1) XAdministrative law judgeY means an administrative hearing examiner employed by the division of hearings and appeals. (2) XAgencyY means a county department of social services under s. 46.22, Stats.; a county department of human service…

DCF 21.03 Eligibility. (1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreemen…

DCF 21.04 Youth[s request to re-enter out-ofhome-care and agency determination. (1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination…

DCF 21.05 Voluntary transition-to-independent-living agreement. The voluntary transition-to-independent-living agreement shall be on a form prescribed by the department and include all of the following conditions: (1) The youth is 18 years of age or over but under 21 years of age…

DCF 21.06 Placement and supervision. (1) Within 24 hours after the voluntary transition-to-independent-living agreement is signed, the agency under s. DCF 21.04 (3) (b) shall place the youth in out-of-home care or the home of a person not a relative under s. 48.207 (1) (f) or 938…

DCF 21.07 Termination. (1) The agency shall terminate a voluntary transition-to-independent-living agreement with a youth who is no longer eligible under s. DCF 21.03 or who fails to comply with the voluntary transition-to-independent-living agreement under s. DCF 21.05, except a…

DCF 21.08 Appeal rights. (1) A youth may submit a written request for an appeal of an agency denial of the youth[s request to re-enter out-of-home care or an agency termination of the voluntary transition-to-independent agreement between the youth and the agency. The request shal…

DCF 21.09 Reapplication following denial or termination. If the youth reapplies following a denial of the youth[s application to re-enter out-of-home care under s. DCF 21.04 (8) or a termination of the youth[s eligibility under s. DCF 21.07, the agency may suspend processing of t…

DCF 250.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing requirements under s. 48.65, Stats., for family child care centers. The purpose of the chapter is to protect the health, safety and welfare of children be…

DCF 250.02 Applicability. (1) INCLUDED AND EXCLUDED CARE ARRANGEMENTS. This chapter applies to all family child care centers, but does not include any of the following: Note: Section 48.65 (2), Stats., exempts parents, guardians and certain other relatives; public and parochial (…

DCF 250.03 Definitions. In this chapter: (1g) XAbusive head traumaY means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking. (1r) XBackground check request formY means a form prescribed by the departm…

DCF 250.04 Operational requirements. (1) TERMS (a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed. OF LICENSE. Note: Denying admission on the basis of race, disability, religion, or certain o…

DCF 250.05 Staff. (1) DEFINITION. In this section, the XWisconsin RegistryY means a brand of The Registry, Inc., a professional development recognition agency. Note: For further information, see https://www.wiregistry.org. the chapter was last published. DCF 250.05 WISCONSIN ADMI…

DCF 250.055 Supervision and grouping of children. (1) SUPERVISION. (a) Each child shall be supervised by a provider to guide the child[s behavior and activities, prevent harm, and ensure safety. (b) A provider shall be awake at all times when children are in care. (c) No individu…

DCF 250.06 Physical plant and equipment. (1) BUILDING. (a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection …

DCF 250.07 Program. (1) PROGRAM PLANNING AND (a) A provider shall plan activities so that each child may be or do all of the following: 1. Be successful and feel good about himself or herself. 2. Use and develop language. 3. Use large and small muscles. 4. Use materials and take …

DCF 250.08 Transportation.

DCF 250.09 Additional requirements for infant and toddler care.