49.153(4)(d)3.b. b. For a participant in a community service job or transitional placement, the Wisconsin works agency shall deduct the premium from the participant's monthly grant amount under s. 49.148 (1) (b) or (c).
49.153(4)(d)3.c. c. For an individual not specified under subd. 3. a. or b., the individual shall pay the premium directly to the Wisconsin works agency, or, if the individual and his or her employer agree, the individual's employer may deduct the premium from the individual's payroll and pay the premium to the Wisconsin works agency.
49.153(4)(d)4. 4. The Wisconsin works agency shall remit to the department of industry, labor and job development in the manner prescribed by the department of industry, labor and job development all premium payments that the Wisconsin works agency receives under this paragraph.
49.153 History History: 1995 a. 289.
49.155 49.155 Wisconsin works; child care subsidy.
49.155(1) (1)Definitions. In this section:
49.155(1)(a) (a) "Level I certified family day care provider" means a day care provider certified under s. 48.651 (1) (a).
49.155(1)(b) (b) "Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (b).
49.155(1m) (1m)Eligibility. A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 if the individual meets all of the following conditions:
49.155(1m)(a) (a) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:
49.155(1m)(a)1. 1. Meet the school attendance requirement under s. 49.26 (1) (ge).
49.155(1m)(a)2. 2. Work in an unsubsidized job, including training provided by an employer during the regular hours of employment.
49.155(1m)(a)3. 3. Work in a Wisconsin works employment position, including participation in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).
49.155(1m)(a)4. 4. Participate in other employment skills training, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; a course of study meeting the standards established by the secretary of education under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to one year. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:
49.155(1m)(a)4.a. a. The individual has been employed in unsubsidized employment for 9 consecutive months and continues to be so employed.
49.155(1m)(a)4.b. b. The individual is a participant in a Wisconsin works employment position.
49.155(1m)(b) (b) The individual meets the eligibility conditions under s. 49.145 (2) (c) to (g) and (3) (a), except that an individual may be eligible for a child care subsidy under this section regardless of the number of days the individual has resided in this state prior to applying for the child care subsidy.
49.155(1m)(c) (c) The gross income of the individual's family is at or below 165% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.
49.155(1m)(d) (d) The individual satisfies other eligibility criteria established by the department by rule.
49.155(3) (3)County administration.
49.155(3)(a)(a) A Wisconsin works agency shall refer an individual who has been determined eligible under sub. (1m) to a county department under s. 46.215, 46.22 or 46.23 for child care assistance.
49.155(3)(b) (b) The county department under s. 46.215, 46.22 or 46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under s. 46.215, 46.22 or 46.23 shall do all of the following:
49.155(3)(b)1. 1. Determine an individual's liability under sub. (5).
49.155(3)(b)2. 2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider or otherwise reimburse child care providers.
49.155(3)(b)3. 3. Set maximum reimbursement rates as provided under sub. (6) (b).
49.155(3)(b)5. 5. Certify child care providers under s. 48.651.
49.155(3)(b)6. 6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.
49.155(4) (4)Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65, a Level I certified family day care provider, a Level II certified family day care provider or a day care program provided or contracted for by a school board under s. 120.13 (14).
49.155(5) (5)Liability for payment. An individual is liable for the percentage of the cost of the child care that the department specified.
49.155(6) (6)Child care rates and quality standards.
49.155(6)(a)(a) The department shall establish the maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for child care services provided under this section. The department shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each county or in a multicounty area determined by the department can be purchased at or below that maximum rate.
49.155(6)(b) (b) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).
49.155(6)(c) (c) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).
49.155(6)(d) (d) The department may establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a).
49.155(7) (7)Refusal to pay child care providers.
49.155(7)(a)(a) The department or the county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:
49.155(7)(a)1. 1. The person has been convicted of a felony or misdemeanor that the department or county department determines substantially relates to the care of children.
49.155(7)(a)2. 2. The person is the subject of a pending criminal charge that the department or county department determines substantially relates to the care of children.
49.155(7)(a)3. 3. The person has been determined under s. 48.981 to have abused or neglected a child.
49.155 History History: 1995 a. 289.
49.157 49.157 Wisconsin works; transportation assistance. A Wisconsin works agency may provide transportation assistance in the manner prescribed by the department. The Wisconsin works agency shall limit any financial assistance granted under this subsection to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.
49.157 History History: 1995 a. 289.
49.159 49.159 Wisconsin works; noncustodial and minor and other custodial parents.
49.159(1) (1)Noncustodial parents. An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child, is eligible for services under this subsection if the dependent child's custodial parent is a participant and if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.
49.159(2) (2)Minor custodial parents. financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, community resources, eligibility for food stamps and other food and nutrition programs.
49.159(3) (3)Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
49.159(4) (4)Pregnant women. A pregnant woman whose pregnancy is medically verified who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
49.159 History History: 1995 a. 289.
49.161 49.161 Wisconsin works; overpayments.
49.161(1) (1)Trial jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives or has received benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
49.161(2) (2)Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3) (3)Overpayments caused by intentional program violations. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a) (a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b) (b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c) (c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d) (d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 History History: 1995 a. 289.
49.185 49.185 Employment skills advancement program.
49.185(1)(1)Definitions. In this section:
49.185(1)(a) (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
49.185(1)(b) (b) "Dependent child" has the meaning given in s. 49.141 (1) (c).
49.185(1)(c) (c) "Family" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Family" includes any nonmarital coparent, as defined in s. 49.141 (1) (i), or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Family" does not include any person who is receiving benefits under s. 49.027 (3) (b).
49.185(2) (2)Grants. A person contracting with the department under sub. (4) may make an employment skills advancement grant of up to $500 to an individual eligible under sub. (3) for tuition, books, transportation or other direct costs of training or education in a vocational training or education program.
49.185(3) (3)Eligibility. An individual is eligible for an employment skills advancement grant only if all of the following eligibility requirements are met:
49.185(3)(a) (a) The training or education is approved by the person contracting with the department under sub. (4) as part of a career training or education plan that will lead to increased income.
49.185(3)(b) (b) The individual is at least 18 years of age and is a custodial parent of a minor child.
49.185(3)(c) (c) The individual has been determined eligible for aid under s. 49.19 or for a Wisconsin works employment position under s. 49.145 within 5 years before applying for a grant.
49.185(3)(d) (d) The individual has been employed in an unsubsidized job for at least 9 consecutive months before applying for a grant.
49.185(3)(e) (e) The individual is working an average of at least 40 hours per week, unless the employer and the person contracting with the department under sub. (4) agree that the person may work fewer hours.
49.185(3)(f) (f) The assets of the individual's family do not exceed $2,500 in combined equity value, excluding the equity value of vehicles up to a total equity value of $10,000 and one home in which the family lives.
49.185(3)(g) (g) The income of the individual's family does not exceed 165% of the poverty line.
49.185(3)(h) (h) The individual has sought other forms of assistance, as required by the department.
49.185(3)(i) (i) The individual contributes an amount at least equal to the amount of the grant, and obtains funding from other sources in an amount at least equal to the amount of the grant, for tuition, books, transportation or other direct costs of the training or education.
49.185(3)(j) (j) The amount of the grant plus the amount of any grant that that individual has previously received under this section does not exceed $500.
49.185(4) (4)Administration. The department may contract with any person to administer the program under this section. The department shall contract with one person to administer the program in each area of the state, as determined by the department.
49.185(5) (5)Applicability. This section applies beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).
49.185 History History: 1995 a. 289.
49.19 49.19 Aid to families with dependent children.
49.19(1) (1)
49.19(1)(a)(a) In this section, "dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who:
49.19(1)(a)1. 1. Has been deprived of parental support or care by reason of the death, continued absence from the home other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States, unemployment or incapacity of a parent; and
49.19(1)(a)2.a.a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or
49.19(1)(a)2.b. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department of health and family services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
49.19(1)(b) (b) Any individual may apply for aid to families with dependent children and shall have opportunity to do so. Application for aid shall be made on forms prescribed by the department. Any person having knowledge that any child is dependent upon the public for proper support or that the interest of the public requires that such child be granted aid may bring the facts to the notice of an agency administering such aid in the county in which the child resides.
49.19(1)(c)1.1. "Aid to families with dependent children" means money payments with respect to, or vendor payments as prescribed by the department, or medical care in behalf of or any type of remedial care recognized under subs. (1) to (10) or s. 49.46 or necessary burial expenses as defined in sub. (5) in behalf of a dependent child or dependent children.
49.19(1)(c)2. 2. "Aid to families with dependent children" also includes such aid to meet the needs of the relative with whom any dependent child is living and the spouse of the relative if:
49.19(1)(c)2.a. a. The spouse is living with the relative, the relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?