49.19(11m)(d) (d) The department may not conduct the demonstration project in a county if the county enacts an ordinance or adopts a resolution objecting to participating in the demonstration project.
49.19(11m)(e) (e) If the department conducts the demonstration project, the department shall enter into a contract with the legislative audit bureau under which the legislative audit bureau will contract with a private or public agency for the performance of an evaluation of the demonstration project, including whether the demonstration project deters persons from moving to this state, and will submit the evaluation of the demonstration project to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).
49.19(11s) (11s)
49.19(11s)(a)(a) The department shall conduct a demonstration project under this subsection pursuant to a waiver from the secretary of the federal department of health and human services beginning on January 1, 1996. To the extent permitted in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under this section or to a test group of recipients of aid under this section determined by the department. Paragraphs (b) to (d) do not apply to persons who are subject to s. 49.25 and shall apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.
49.19(11s)(b) (b) In determining the payment amount under sub. (11) (a), a child born into a family more than 10 months after the date that the family was first determined to be eligible for assistance under this section shall not be considered in determining family size unless at least one of the following conditions is met:
49.19(11s)(b)1. 1. The family did not receive benefits under this section for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the family resumed receiving benefits under this section after that period.
49.19(11s)(b)2. 2. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
49.19(11s)(b)3. 3. The child's mother is a dependent child at the time of the child's birth and the child is born as a result of the mother's first pregnancy that resulted in a live birth.
49.19(11s)(b)4. 4. The child does not reside with his or her biological mother or father.
49.19(11s)(b)5. 5. The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.
49.19(11s)(c) (c) The department shall inform all applicants for aid under this section of the limitation under par. (b) at the time of application.
49.19(11s)(d) (d) From the appropriation under s. 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).
49.19(13) (13) When a county department under s. 46.215, 46.22 or 46.23 proposes to terminate, discontinue, suspend or reduce assistance to a recipient under this section such county department shall provide at least the minimum notice required under 42 USC 601 to 613.
49.19(14) (14)
49.19(14)(a)(a) If any check or draft drawn and issued for payment of aid under this section is lost, stolen or destroyed, the department shall request a replacement as provided under s. 20.912 (5).
49.19(14)(b) (b) If the state treasurer is unable to issue a replacement check or draft requested under par. (a) because the original has been paid, the department shall promptly authorize the issuance of a replacement check or draft. If the state treasurer recovers the amount of the original check or draft that amount shall be returned to the department. If the state treasurer is unable to obtain recovery, the department may pursue recovery.
49.19(15) (15) By January 1, 1990, the department shall apply for approval of a demonstration project under 42 USC 1315 (d) (1) (A) which would test and evaluate the elimination, on a statewide basis, of the limit on the number of hours a parent may work and still be considered unemployed for purposes of eligibility for aid under this section. If the application is approved, the department shall inform the joint committee on finance. The department may implement the demonstration project only if the joint committee on finance approves the demonstration project.
49.19(16) (16) The department shall provide written notice of the penalties under s. 49.29 to each applicant for aid under this section at the time of application and to each person who receives aid under this section on June 18, 1992, at the time of the next redetermination of the person's eligibility.
49.19(17) (17) The department may recover an overpayment of aid under this section from an overpaid family who continues to receive aid by reducing the amount of the family's monthly aid payment by no more than 10% of the maximum monthly payment allowance under sub. (11) for a family of that size.
49.19(19) (19) The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to determine eligibility and payment amounts under this section for a woman entrepreneur who receives a start-up or capital expansion loan through the revolving loan program operated by the women's business initiative corporation without consideration of that loan or of any business income during the start-up period of the woman's business. If the waiver is approved, the department shall implement the waiver.
49.19(19m) (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.
49.19(20) (20)
49.19(20)(a)(a) Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than the enactment of this paragraph, is required to be given under sub. (13) to recipients of aid under this section to terminate their benefits under this paragraph.
49.19(20)(b) (b) Notwithstanding par. (a):
49.19(20)(b)1. 1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on October 14, 1997, no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after October 14, 1997, whichever is earlier.
49.19(20)(b)2. 2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on October 14, 1997, no aid may be paid to the nonlegally responsible relative on or after October 14, 1997.
49.19 Annotation The assignment to the state of child support by AFDC recipients under s. 49.19 (5) does not prevent a trial court acting under s. 767.51 (5) from giving the father credit for amounts actually contributed for support prior to the entry of an order even though the credit results in there being no payments owing from the father from which AFDC payments made during the same period can be recovered. Paternity of Cheyenne D.L. 181 W (2d) 868, 112 NW (2d) 522 (Ct. App. 1994).
49.19 Annotation An AFDC budget must be computed on the basis of actual income. 60 Atty. Gen. 431.
49.19 Annotation Sub. (6) has not been affected by amendments to the work incentive program, nor does it violate equal protection provisions of the Fourteenth Amendment. 62 Atty. Gen. 120.
49.19 Annotation "Dependent child" under AFDC does not include unborn children. Burns v. Alcala, 420 US 575.
49.19 Annotation Various provisions of sub. (4) (d) are invalid as inconsistent with the Social Security Act. Doe v. Schmidt, 330 F Supp. 159.
49.19 Annotation Unconstitutional conditions on welfare eligibility. Redlich, 1970 WLR 450.
49.19 Annotation Procedural due process and the welfare recipient: A statistical study of AFDC fair hearings in Wisconsin. Hammer and Hartley, 1978 WLR 145.
49.191 49.191 Aid to families with dependent children child care funding.
49.191(1)(1)Child care funds for certain recipients of aid to families with dependent children.
49.191(1)(b)(b) Within the limits of funds available under s. 20.445 (3) (cm), (dz), (jg), (md) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).
49.191(2) (2)Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this subsection that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this subsection. This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).
49.191(3) (3)Administration of child care funds under the aid to families with dependent children program.
49.191(3)(a)(a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (1) and (2) for recipients and former recipients of aid under s. 49.19 and under s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.
49.191(3)(b) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under sub. (1) or s. 49.193 (8) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.
49.191(3)(c) (c) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under subs. (1) and (2) and ss. 49.193 (8), 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.
49.191(4) (4)Child care expenditure information. The department shall collect information on expenditures for child care for individuals participating in the employment and training programs under this section.
49.191 History History: 1995 a. 27 ss. 2872, 3089c, 3090, 3092, 3093c, 3095, 3096 3099, 3100c; 1995 a. 289, 404; 1997 a. 27, 252.
49.193 49.193 Job opportunities and basic skills program.
49.193(1)(1)Plan; administration.
49.193(1)(a)(a) The department shall submit a plan that meets the requirements under 42 USC 682 (a) to the federal secretary of health and human services. If the plan is approved, the department shall administer a job opportunities and basic skills program under 42 USC 682 (a) to provide employment and training and educational and supportive services to assist recipients of aid under s. 49.19 in obtaining gainful employment.
49.193(1)(b)1.1. The department shall administer the program under this section directly or through a contract with an agency in each county or in groups of counties or through contracts with federally recognized American Indian tribes or bands. If upon reviewing the performance of an agency administering the program the department determines that the agency is not complying with the terms of the contract or if an agency wishes to terminate its responsibility to administer the program, the department shall terminate the contract and contract with another agency.
49.193(1)(b)2. 2. Notwithstanding s. 16.75 (1) and (2m), the department may contract with a public or private agency selected by the department without competitive bidding or competitive sealed proposals, to administer the program under this section in a county with a population of 500,000 or more.
49.193(1)(c) (c) The department shall coordinate the program under this section with the programs of the department of administration, the department of workforce development, the department of commerce, the department of public instruction and the technical college system board and with programs operated under the job training partnership act, 29 USC 1501 to 1791j.
49.193(1)(d) (d) The department shall ensure that records of the number of participants in the program under this section and of the number of job placements made are kept according to gender and according to whether or not the participant is eligible under s. 49.19 (4) (dm).
49.193(1)(e) (e) The department shall pay the portion of the costs of the services provided under this section that is not paid by the federal government. The department shall, to the extent possible, use available in-kind services to provide that nonfederal share of the costs of this program.
49.193(2) (2)Participation.
49.193(2)(a)(a) Except as provided in par. (am), the department shall ensure that all persons required under 42 USC 602 (a) (19) and 42 USC 681 to 687 to participate in a job opportunities and basic skills training program participate in the program under this section. In addition, the department shall require a parent or other caretaker relative of a child who is at least one year of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation in the program for a reason other than being a parent or other caretaker of a child under 3 years of age.
49.193(2)(am)1.1. The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of subd. 2. If a waiver is granted and in effect, the department shall implement subd. 2. no later than the first day of the 2nd month beginning after the waiver is approved.
49.193(2)(am)2. 2. If a waiver is granted and in effect, the department shall require a parent or other caretaker relative of a child who is at least 12 weeks of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation for a reason other than being a parent or other caretaker of a child under 3 years of age.
49.193(2)(b) (b) The department shall give priority for receipt of services under this section to a person who is any of the following:
49.193(2)(b)1. 1. A recipient of aid under s. 49.19 who has received aid for any 36 of the preceding 60 months.
49.193(2)(b)2. 2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under s. 115.29 (4) and who, at the time of application for aid under s. 49.19, is not enrolled in school, as defined in s. 49.26 (1) (a) 2.
49.193(2)(b)3. 3. A custodial parent under the age of 24 who had little or no work experience in the year before applying for aid under s. 49.19.
49.193(2)(b)4. 4. A member of a family in which the youngest child is within 2 years of being ineligible for aid under s. 49.19 because of age.
49.193(2)(b)5. 5. Another long-term or potentially long-term recipient of aid under s. 49.19, as determined by the department.
49.193(2)(d) (d) Following the development of an employability plan under sub. (4) (c) for a participant, the agency administering the program under this section shall assign the participant to one or more activities that are appropriate for the person in accordance with 42 USC 684 (a). The agency shall ensure that a participant receives appropriate supportive services.
49.193(3) (3)Information. The department shall, directly or by contract, do all of the following:
49.193(3)(a) (a) Notify applicants for and recipients of aid under s. 49.19 of the availability of employment and training activities and supportive services.
49.193(3)(b) (b) Inform recipients of aid under s. 49.19 of the opportunity to indicate a desire to participate in the program under this section.
49.193(3)(c) (c) Inform persons required to participate in the program under this section of the sanctions for failing, without good cause, to participate in the program, for failing, without good cause, to accept employment and for terminating employment or reducing earnings without good cause.
49.193(3)(d) (d) Provide information concerning the program under this section to a person who does not speak English in a language that the person understands.
49.193(3m) (3m)Orientation and job search requirement.
49.193(3m)(a)(a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of pars. (b) to (e) beginning on the date specified in the waiver. The waiver may not request the application of pars. (b) to (e) before January 1, 1996. The waiver may request permission to apply pars. (b) to (e) to all applicants for aid under s. 49.19 or to a test group of these applicants determined by the department. Paragraphs (b) to (e) apply only while a waiver under this paragraph is in effect and only with respect to applicants covered by the waiver.
49.193(3m)(b) (b) The department may not provide aid under s. 49.19 to any applicant who is subject to the requirements under par. (c) or (d) and who is not exempt under par. (e), until the applicant has provided verification, in a form to be specified by the department by rule, that he or she has complied with these requirements.
49.193(3m)(c) (c) The department may require any adult applicant for aid under s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.26 (1) (g) to attend an orientation session under this paragraph at a time that would conflict with school attendance.
49.193(3m)(d) (d) The department may require any adult applicant for aid under s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under s. 49.26 (1) (g) to participate in any job search activity under this paragraph at a time that would conflict with school attendance.
49.193(3m)(e) (e) The agency administering the program under this section may exempt an applicant for aid under s. 49.19 from any requirement under pars. (c) and (d) if the agency determines that the applicant would not benefit from complying with the requirement. The department shall promulgate rules establishing standards to be used by agencies administering the program under this section in making determinations under this paragraph.
49.193(4) (4)Components. The department shall ensure that the program under this section includes all of the following:
49.193(4)(a) (a) Enrollment and orientation.
49.193(4)(b) (b) Assessment of each participant's employability based on skills, work experience, needs for educational and supportive services and a review of the family circumstances.
49.193(4)(c) (c) Development of an employability plan for each participant.
49.193(4)(d) (d) Case management.
49.193(4)(e) (e) Job search activities.
49.193(4)(f) (f) On-the-job training.
49.193(4)(g) (g) Work supplementation, as described in 45 CFR 250.62, in which participation is mandatory.
49.193(4)(h) (h) Community work experience, as described in 45 CFR 250.63.
49.193(4)(i) (i) Other work experience activities.
49.193(4)(j) (j) Educational activities which may include payment for or referral to any of the following:
49.193(4)(j)1. 1. High school or equivalent education.
49.193(4)(j)2. 2. Basic and remedial education.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?