Judge Gerald White, of Washburn County, recently held that the State of Wisconsin Department of Children and Families’ (DCF) method of calculating overpayments for child care providers is unreasonable. Hawks Quindel, on behalf of AFSCME District Council 40, represented CC & U Special Needs Day Care in the matter. A copy of the order can be found here.
Attorneys Aaron Halstead and David Zoeller argued that DCF’s method of calculating overpayments, which withholds or recoups from a child care provider all payments made to that provider for every child in care during the period of an alleged program rules violation, was not a reasonable interpretation of state law. Judge White’s decision requires the State to recalculate overpayments to include only those children who exceed the number permitted by the provider’s license. This decision comes on the heels of three other recent favorable decisions for child care providers represented by Hawks Quindel. See Bernadette Claybrook v. Kenosha County, Kenosha County Circuit Court Case No. 2009-cv-2755; Becky Valentine v. Wisconsin Department of Children and Families, La Crosse County Circuit Court Case No. 2010-cv-205; Pamela Lake v. Wisconsin Department of Children and Families, et al., Portage County Circuit Court Case No. 2010-cv-93.
HALSTEAD AND ZOELLER SECURE COURT ORDER FINDING STATE’S CALCULATION OF CHILD CARE OVERPAYMENTS UNREASONABLE