1. (1) Schedule.

   1. (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 the assistance group’s gross income. The copayment schedule is provided in Table DCF 201.08.
   2. (b) A parent’s share of payment may be more than the copayment amount determined using the copayment schedule in Table DCF 201.08. If a provider’s price is higher than the department’s maximum rate, the parent’s share of payment will be the difference between the provider’s price and the subsidy payment, plus any additional fees the provider charges.

2. (2) Exceptions.

   1. (am) Notwithstanding sub. (1), no parent may be assessed any copayment responsibility if any of the following conditions are met:

      1. 1. The parent is the child’s foster parent.
      2. 2. The parent is the child’s subsidized guardian or interim caretaker under s. 48.623, Stats.
      3. 3. 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.

      4. 4. The biological parent of the child is a minor attending school subject to the requirements of s. 49.26, Stats.

         Note: Section 49.26 (1) (e), Stats., prohibits copayment responsibility for a minor teen parent who is attending school subject to the Learnfare school attendance requirement.

      5. 5. The parent is enrolled in Wisconsin Works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats.
      6. 6. The gross income of the assistance group is at or below 100 percent of the federal poverty level.

   2. (bm) A parent shall be assessed the minimum copayment amount for the number of children in the assistance group under Table DCF 201.08 if any of the following conditions are met:

      1. 1. The parent is the kinship care relative of a child that was not placed in the relative’s home under a court order.
      2. 2. The parent is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency to high school graduation.
   3. (cm) A parent who transitions from Wisconsin works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats., to unsubsidized employment shall be assessed the minimum copayment until the parent’s next eligibility redetermination.

   4. (dm) A parent that no longer meets the conditions of this subsection due to a change in circumstances, such as adoption of the child, may not be assessed the full copayment responsibility until the parent’s next eligibility redetermination.

      Note: If a provider’s price is higher than the department’s maximum rate, a parent with no copayment responsibility under this section will still be responsible for the difference between the provider’s price and the subsidy amount, plus additional fees the provider charges.

3. (3) Adjustments.

   1. (a) The department may adjust the amounts in the schedule to reflect the following factors:

      1. 1. A change in child care prices or rates.
      2. 2. A change in the funding available for the child care subsidy program.
      3. 3. A change in costs due to a change in the consumer price index.
      4. 4. A change in the federal poverty level.
      5. 5. A change in economic factors affecting the cost of child care to the state, such as an increase in demand for the child care subsidy program.
      6. 6. Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy.
      7. 7. The purposes of the child care subsidy program.
   2. (b) The department shall publish adjustments to the copayment schedule in the Wisconsin administrative register.
   3. (c) If the department proposes to make adjustments to the copayment schedule that would increase parental copayments by 10% or more, the department shall promulgate an administrative rule to make such adjustments, and the department shall not issue an emergency rule to implement such adjustments before providing advance public notice of at least one month.

4. (4) Copayment increases during 12-month eligibility period. During a parent’s 12-month eligibility period, the parent’s copayment amount may not be increased unless any of the following conditions is met:

   1. (a) Increased hours. The increased copayment amount corresponds to an increase in the number of hours authorized for a child care subsidy to the parent.

   2. (b) Income at or above 190 percent at redetermination. All of the following conditions are met:

      1. 1. At the parent’s last eligibility redetermination, the gross income of the assistance group was at or above 190 percent of the federal poverty level but under 200 percent of the federal poverty level.
      2. 2. The increased copayment amount corresponds to an increase in the federal poverty level of the assistance group under Table DCF 201.08.
      3. 3. The copayment amount does not exceed the amount that is assessed for an assistance group at 200 percent of the federal poverty level under Table DCF 201.08.

   3. (c) Income at or above 200 percent at redetermination. All of the following conditions are met:

      1. 1. The gross income of the assistance group was at or above 200 percent of the federal poverty level at the parent’s last eligibility redetermination.

      2. 2. The parent’s copayment increases by $1 for every $3 by which the gross income of the assistance group exceeds 200 percent of the federal poverty level.

         TABLE DCF 201.08

         Wisconsin Shares Copayment Schedule

         Update to Table DCF 201.08 Based on the 2026 Federal Poverty Guidelines

         Effective February 1, 2026

         - See PDF for diagram

         Note: The Department of Children and Families sets a schedule for parent copayment responsibilities for all parents who receive child care financial assistance under s. 49.155, Stats. Section DCF 201.08 (3) provides that the department may adjust the amounts in the copayment schedule based on a change in the federal poverty level. The department shall publish adjustments to the copayment schedule in the Wisconsin Administrative Register.

History

History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; am. (3) (c), Register, December, 1997, No. 504, eff. 1-1-98; am. (1) (a) and (c), (3) (a) 5., cr. (1) (d), r. (2), Register, November, 1999, No. 527, eff. 12-1-99; r. and recr. (1), cr. (2), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: am. (3) (a) 5., cr. (3) (a) 6. Register March 2003 No. 567, eff. 4-1-03; CR 06-044: renum. (2) (c), (d) and (e) to be (2) (d), (e) and (f), cr. (2) (c), Register November 2006 No. 611, eff. 12-1-06; EmR0806: emerg. am. (1), (2) (a), (e), (f) and Table 56.08, eff. 3-30-08; CR 08-020: am. (1), (2) (a), (e), (f) and Table 56.08 Register August 2008 No. 632, eff. 9-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2009 No. 639; EmR1015: emerg. am. (3) (a) 1., eff. 5-17-10; CR 10-056: am. (3) (a) 1. Register September 2010 No. 657, eff. 10-1-10; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2012 No. 676; correction in (2) (c) made under s. 13.92 (4) (b) 7. Stats., Register April 2012 No. 676; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2013 No. 688; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2014 No. 700; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2015 No. 710; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2016 No. 722; corrected adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2016 No. 723; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2017 No. 735; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2018 No. 747; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register October 2018 No. 754; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2019 No. 759; CR 18-088: renum. (1) to (1) (a) and am., cr. (1) (b), r. and recr. (2), am. (3) (a) 2., 5., 6, cr. (3) (a) 7., (4) Register July 2019 No. 763, eff. 8-1-19; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2021 No. 782; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2022 No. 794; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2023 No. 806; CR 23-016: am. (1) (a), cr. (2) (am) 5., 6., am. (2) (cm) Register January 2024 No. 817, eff. 11-1-24; adjustment to Table DCF 201.08 Register November 2024 No. 827.