Wis. Admin. Code Department of Health Services DHS 90.06 - County administrative agency designation and responsibilities

(1) DEFINITIONS. In this section:

(a) "Annual income after disability deductions" means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. 46.272(1) (b), Stats.

(b) "Annual parental income" means total income of the legally responsible parent or parents as reported on the parent's most recent federal individual tax return.

(c) "Family" means people who share a residence and are any of the following:

1. A child eligible for the Birth to 3 Program.

2. A parent of a person in subd. 1.

3. Any minor in the residence for whom a person in subd. 2. is legally responsible.

(d) "Federal poverty guidelines" means the administrative version of the federal poverty measure, adjusted for families of different size, that are issued annually by the U.S. Department of Health and Human Services.

(e) "Full financial information" means information about parental income, expenses, and assets that the county administrative agency requests to determine the parental cost share.

(f) "Parent" means a child's adoptive or biological mother or father who has legal responsibility for the child.

(g) "Parental cost share" means an annual amount of money the county administrative agency determines to be due and payable currently from the parents.

(1m) DESIGNATION BY COUNTY BOARD. The county board of each county shall designate a county department under s. 46.21, 46.22, 46.23, 51.42 or 51.437, Stats., a local public health agency or any other county agency or enter into a contract or agreement with any other public agency to be the administrative agency in the county for the birth to 3 program. That designation or notice of other arrangement shall be made by letter to the department.

(2) RESPONSIBILITIES. A county administrative agency shall ensure that all of the following are done:

(a) Parents, representatives of agencies that refer, evaluate or provide services to young children and their families in the community and other interested persons are involved in planning, development and operation of the early intervention service system;

(b) A comprehensive child find system is established in accordance with s. DHS 90.07, including activities to make the public aware of the local birth to 3 program and development of a formal system of communication and coordination among pertinent agencies operating in the county that may have contact with eligible children and their families;

(c) A service coordinator is designated for every child referred for evaluation. The service coordinator need not be an employee of the county administrative agency but shall be accountable to the county administrative agency;

(d) The parents are informed orally and in writing about the purposes of the birth to 3 program, the process and the procedural safeguards;

(e) The parents are collaborators in the IFSP planning process;

(f) Written consent of the child's parents is obtained, in accordance with s. DHS 90.12(2) (a), before the initial evaluation and assessment are conducted;

(g) Core services are provided at no cost to the parent;

(h) Other early intervention services as identified in s. DHS 90.11(4) are provided in accordance with the IFSP. County administrative agencies shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with par. (i) Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after March 1, 2002.

(i)

1. Parental cost shares are determined. The county administrative agency shall have billing, revenue collection and revenue tracking responsibility for the parental cost share unless the county administrative agency delegates these responsibilities to a service provider by written agreement specifying the conditions of the delegation. A county administrative agency shall make an assessment of the parental cost share for services to an eligible child in the following manner:

a. Determine the annual income of the parents. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, the family size is determined for each household. There is a separate parental cost share determined for each household.

b. Determine the annual income after disability deduction.

c. Determine the federal poverty guidelines for the annual income after disability deduction and family size.

d. Determine the percent above or below the federal poverty guidelines determined in subd. 1. c., the family's annual income after disability deduction determined in subd.1. b., and assign the parental cost share according to Table DHS 90.06.

e. The maximum parental cost share is $1,800 per year without regard to the number of children in the birth to 3 program in the family. When the legally responsible parents live in separate households and the child eligible for the birth to 3 program resides in both households, combined cost shares may not exceed $1,800. The cost shares shall be divided between the parents based on the parents' relative income.

Table DHS 90.06

Assignment of Parental Cost Share

Annual Income After Disability Deduction	Annual Cost Share	Monthly Cost Share Payment
At or below 250% of the Federal Poverty Guideline (FPG)	None	None
Over 250% of the FPG and at or below 300% of the FPG	$300	$25 per month
Over 300% and at or below 350% of the FPG	$420	$35 per month
Over 350% of the FPG and at or below 400% of the FPG	$600	$50 per month
Over 400% of the FPG and at or below 500% of the FPG	$900	$75 per month
Over 500% of the FPG and at or below 600% of the FPG	$1200	$100 per month
Over 600% of the FPG and at or below 700% of the FPG	$1500	$125 per month
Over 700% of the FPG	$1800	$150 per month

Note: The federal poverty guidelines are adjusted yearly and are published annually in the Federal Register. The department will distribute the applicable federal poverty guidelines information that is effective each year.

2. A parent who is informed of his or her rights and who knowingly refuses to provide full financial information is held liable for the maximum parental cost share.

3. A parental cost share for early intervention services is assessed unless the parents have financial liability for other services subject to the uniform fee system that are provided to the eligible child.

4. Parents are informed of their right to request a waiver of the parental cost share in part or in whole if the request is based on unique circumstances of the child or family.

5. Parents are informed as early as is administratively feasible of the parents' rights and responsibilities under the cost share system. The department shall provide sample brochures to county administrative agencies to assist the agencies in informing parents.

6. Revenue received from payments of the parental cost share is used only for early intervention services within the county and do not supplant county funds required under s. 51.44(3) (c), Stats.

(j) Written consent of the child's parent is obtained, in accordance with s. DHS 90.12(2) (b), for provision of early intervention services for the child and family to implement the IFSP;

(k) Interagency agreements are entered into with other local agencies to identify respective roles and responsibilities in the delivery of early intervention services, coordinate service delivery, ensure the timely delivery of services and identify how disputes will be resolved when there is disagreement about the agency responsible for provision of a particular service;

(l) The confidentiality of personally identifiable information about a child, a parent of the child or other member of the child's family, in accordance with s. DHS 90.12(3), is maintained;

(n) The need of a child for a surrogate parent is determined, and a surrogate parent is appointed in accordance with s. DHS 90.13 if the child needs one;

(o)

1. An early intervention record is maintained for each child which includes the individualized family service plan for the child, all records of core services and other early intervention services received by the child, parental consent documents and other records pertaining to the child or the child's family required by this chapter, and these are made available for inspection by the child's parents and representatives of the department;

2. The early intervention record is kept separate from other records on the child maintained by the agency unless the parent specifically agrees in writing that another record and the early intervention record be kept together. Records that might be kept with the early intervention record include an individual service plan under the programs established in ss. 46.011(1g) and 46.272, Stats.

(p) Local birth to 3 program records are maintained, including interagency agreements, records of how funds were budgeted and expended, records of personnel qualifications, records related to state training plan implementation and copies of contracts and agreements with service providers, and these are made available for inspection by representatives of the department; and

(q) The department is provided, on request, with information on use of funds, system development, number of children needing and receiving early intervention services, types of services needed, types of services provided and such other information the department requires to describe and assess the operation of the local program.

Notes

Wis. Admin. Code Department of Health Services DHS 90.06

Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., eff. 1-1-93; am. (1), (2) (c), (g) and (n), renum. (2) (m) to be (2) (m) 1., cr. (2) (m) 2., Register, June, 1993, No. 450, eff. 7-1-93; am. (2) (g), renum. (2) (h) to (o) to be (2) (i) to (p), cr. (2) (h), Register, April, 1997, No. 496, eff. 5-1-97; corrections in (2) (h) and (n) made under s. 13.93(2m) (b) 7, Register, September, 1999, No. 525; emerg. renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), eff. 10-1-01. CR 01-106: renum. (1) to be (1m) and (2) (i) to (p) to be (2) (j) to (q), cr. (1) and (2) (i), am. (2) (h), Register February 2002 No. 554, eff. 3-1-02; CR 03-033: r. (2) (m) Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (a) and (2) (o) 2. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635. Amended by, corrections in (1) (a) (Note), (2) (o) 2. (Note) made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017 Amended by, CR 20-039: am. (1) (a), (2) (o) 2. Register October 2021 No. 790, eff. 11/1/2021