Current through August 26, 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accounts that can be withdrawn without incurring penalties are excluded from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.
(b)
Agricultural land and buildings excluded from value of home.
1. In this paragraph, " agricultural land"
includes buildings and improvements that are devoted primarily to agricultural
use and the land necessary for their location and convenience.
2. In calculating the value of a home owned
by the assistance group under s.
49.155(1m) (cr) 1, Stats., the child care administrative
agency shall exclude the value of any agricultural land owned by a member of
the assistance group.
(2s) ADDRESS VERIFICATION. Except when the
parent is homeless or is registered with the address confidentiality program
under s.
165.68,
Stats., a parent shall submit verification of the parent's place of residence
to the child care administrative agency at the parent's eligibility
determination and redetermination.
(3m) SELF-EMPLOYMENT.
(a)
Requirement to file
taxes. Regardless of the amount of a parent's net income, a parent
whose approved activity is self-employment shall file personal and business tax
returns with the internal revenue service if the parent's gross income from the
previous year included income from self-employment.
(b)
Income information to
agency. Except as provided in par. (c) 1., a parent is eligible for
the child care subsidy program when the parent's approved activity is
self-employment only if the parent submits copies of the parent's most recent
personal and business tax returns to the child care administrative agency with
the parent's initial request for assistance and at each annual eligibility
redetermination.
(c)
Self-employment income reports.
1. Prior to a parent filing a business tax
return with the internal revenue service, the parent shall submit documentation
of the parent's actual or anticipated business income and expenses to the child
care administrative agency on a form prescribed by the department at the times
specified in par. (b). This subdivision only applies prior to the parent's
first deadline for filing a business tax return under par. (a), including any
extension granted by the internal revenue service.
2. If a parent alleges that the business tax
return required under par. (b) is not representative of the parent's business
income and expenses in the current tax year, the parent may submit
documentation of business income and expenses subsequent to the information in
the tax return on a form prescribed by the department, in addition to the tax
returns required under par. (b). The child care administrative agency shall
review the documentation and use the more recent information for eligibility
and authorizations if it determines there has been a significant change in the
parent's business income and expenses.
Note: Form F-001007, Self-Employment
Income Report, is available on the Department of Health Services
website at https://www.dhs.wisconsin.gov/forms/f0/f00107.pdf.
(d)
Additional
verification.1. A child care
administrative agency may require a parent to provide additional verification
of the parent's business income and expenses within 7 days if the agency
believes the documentation provided under par. (b) or (c) is questionable or
may be falsified.
2. The child care
administrative agency shall determine that the parent's self-employment is not
an approved activity if the parent does not submit the additional verification
requested by the agency within 7 days or the information provided by the parent
does not resolve the agency's questions.
(e)
Income threshold for ongoing
business. A child care administrative agency shall determine that a
parent's self-employment is a hobby and not an approved activity if the parent
does not have an annual net business income of at least $400 when the maximum
numbers of hours in the parent's authorization is determined under s.
DCF 201.039(8m)
(b).
(4) ANNUAL REDETERMINATION OF ELIGIBILITY. A
child care administrative agency shall redetermine a parent's eligibility in
the 11th or 12th month following the initial determination of the parent's
eligibility or the most recent annual redetermination of the parent's
eligibility.
(5) ELIGIBILITY
TERMINATION. During a parent's 12-month eligibility period, the child care
administrative agency shall terminate a parent's eligibility if any of the
following conditions are met:
(a) The gross
income of the assistance group exceeds 85 percent of the state median income
for a household of the same size.
(b) All of the following conditions are met:
1. The parent is not participating in an
approved activity.
2. The parent is
not taking a temporary break from an approved activity.
3. The parent is not in an approved activity
search period.
(c) The
child care administrative agency or the department determines that the parent
committed an intentional program violation that invalidates a prior
determination of the parent's eligibility.
(d) The parent is required to cooperate with
efforts directed at establishing paternity and obtaining support payments or
any other payments or property to which that parent and any minor child of that
parent may have rights or for which that parent may be responsible under s.
49.145(2) (f), Stats., and has failed to cooperate with
these requirements without good cause under ch. DCF 102.
(e) The child or the parent identified in the
automation system used in determining eligibility for the child care subsidy
program moves out of the state.
For example, a parent may want to renew eligibility for the
child care subsidy program early because the parent is at the agency for a
renewal of a different program, such as
FoodShare.
