Section DCF 201.06 - Establishing maximum rates(1) RATE GROUPING. (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 department shall set maximum rates for the following age groups:1. Infants and toddlers under 2 years of age.2. Children 2 years of age and over, but under age 4.3. Children 4 years of age and over, but under age 6.4. Children ages 6 to 13 years.(c)Types of providers. Within each county and within each age group, the department shall set maximum rates for child care services by each of the following types of providers: 1. Group child care centers licensed under s. 48.65, Stats., and ch. DCF 251 and day camps licensed under s. 48.65, Stats., and ch. DCF 252.2. Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250.3. Level I regular certified child care providers under s. 48.651 (1) (a), Stats., and ch. DCF 202.4. Level II provisional certified child care providers under s. 48.651 (1) (b), Stats., and ch. DCF 202.(2) SURVEY OF LICENSED CENTERS AND DAY CAMPS. (a) The department shall annually contact all licensed group child care centers, family child care centers, and day camps to obtain their child care prices and registration fee amounts.(b) The department shall include only child care prices and registration fee amounts submitted in writing in the survey results.(3) MAXIMUM RATES FOR LICENSED CENTERS AND DAY CAMPS. (a)Licensed group child care centers and day camps. The department shall set maximum rates so that at least 75 percent of the slots in a county at group child care centers licensed under ch. DCF 251 and day camps licensed under ch. DCF 252 may be purchased at or below the maximum rate. The number of slots attributed to a group child care center or day camp shall be equal to the licensed capacity.(b)Licensed family child care centers. The department shall set maximum rates so that at least 75 percent of the slots in a county at family child care centers licensed under ch. DCF 250 may be purchased at or below the maximum rate. The number of slots attributed to a family child care center shall be equal to the center's licensed capacity.(c)Exclusions. In determining maximum rates for licensed group child care centers, licensed family child care centers, and licensed day camps under pars. (a) and (b), the department may exclude the child care prices of a group child care center, family child care center, or day camp at which any of the following apply: 1. The center or day camp operates less than 5 days a week or 5 hours a day.2. The center or day camp has not established full-time weekly or full-time monthly child care prices.3. The department issues child care subsidy payments for the care of more than 75 percent of the children attending the center or day camp.(d)Sibling rates. The department may not establish reduced maximum rates for siblings.(4) RATES FOR CERTIFIED CHILD CARE PROVIDERS. The department shall set rates for certified child care providers under s. 49.155 (6) (b) and (c), Stats., as follows: (c) Rates for Level I regular certified providers under s. 48.651 (1) (a), Stats., may not exceed 75 percent of the rates established under sub. (3) (b).(d) Rates for Level II provisional certified providers under s. 48.651 (1) (b), Stats., may not exceed 50 percent of the rates established under sub. (3) (b).(5) RATES FOR SCHOOL BOARD PROGRAMS. The rates for care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., shall be the same as the applicable rate for a licensed group child care center under sub. (3) (a).(6) RATES FOR OUT-OF-STATE PROVIDERS. The maximum rate for an out-of-state provider shall be the applicable maximum rate in the county in which the parent resides or the out-of-state provider's actual rate, whichever is lower.(7) SPECIAL NEED. On a case-by-case basis, a child care administrative agency may set a rate higher than the rate established under this section for the care of a child with a special need.Wis. Admin. Code Department of Children and Families DCF 201.06
Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. (1) (a) 1. and (2) (c), Register, November, 1999, No. 527, eff. 12-1-99; corrections in (3) (b) made under s. 13.93(2m) (b) 7, Stats., Register, January, 2001, No. 541; CR 02-104: am. (1) (b), (c) 2., (2) (a) 2., (b) 1. and (d), cr. (1) (c) 3. and 4., Register March 2003 No. 567, eff. 4-1-03; emerg. am. (1) (a) 1., cr. (1) (a) 1m. eff. 1-22-07; CR 07-030: am. (1) (a) 1., cr. (1) (a) 1m. Register October 2007 No. 622, eff. 11-1-07; emerg. am. (1) (a) 1., cr. (1) (a) 1r., eff. 1-1-08; CR 08-009: am. (1) (a) 1., cr. (1) (a) 1r. Register July 2008 No. 631, eff. 8-1-08; correction in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (title), (1) (b), (c) (intro.), (2) (a) (intro.), 2., (b) (intro.), 1., (d), (e) and (4) Register September 2010 No. 657, eff. 10-1-10.Amended by, 2015 Wis. Act 132: r. (3) (b) Register February 2016 No. 722, eff.3/1/2016Amended by, EmR1709: emerg. r. and recr., eff. 5-4-17; CR 17-033: r. and recr. Register January 2018 No. 745, eff. 2/1/2018Amended by, EmR1801: emerg. am. (3) (c) 2., eff. 3-11-18; CR 17-099: am. (3) (c) 2. Register July 2018 No. 751, eff. 8/1/2018Amended by, EmR2314: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (b), eff. 10-1-23; CR 23-016: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (a) (title), (b) Register January 2024 No. 817, eff. 2-1-24; renum. (4) (a) 1., 2. to (4) (c), (d) under s. 13.92 (4) (b) 1, Stats., Register January 2024 No. 817, eff. 2/1/2024; renum. (4) (a) 1., 2. to (4) (c), (d) under s. 13.92 (4) (b) 1, Stats., Register January 2024 No. 817, eff. 2/1/2024