49.114(9)
(9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.
49.114(10)
(10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.
49.114 History
History: 1997 a. 27.
49.114 Annotation
Grants to a faith-based counseling organization that integrated religion into its counseling program were unconstitutional when there were insufficient safeguards in place to insure that public funding did not contribute to a religious end. Freedom From Religion Foundation v. McCallum,
179 F. Supp. 2d 950 (2002).
49.13
49.13
Employment and training program. 49.13(2)(a)(a) The department shall contract with the department of health and family services as provided under
s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program. The department may subcontract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in
pars. (b) and
(bm), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.
49.13(2)(b)
(b) The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under
par. (a).
49.13(2)(bm)
(bm) The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under
par. (a) if that individual is enrolled at least half time in a school, as defined in
s. 49.26 (1) (a) 2., a training program or an institution of higher education.
49.13(2)(cm)
(cm) The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under
s. 49.147 (4) or
(5) shall be calculated based on the pre-sanction benefit amount received
s. 49.148.
49.13(2)(d)
(d) A participant in an employment and training program under this section administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section administered by a Wisconsin works agency is an employee of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
49.13(3)
(3) An individual who fails to comply with the work requirements under
sub. (2) (a) without good cause is ineligible to participate in the food stamp program under
s. 49.79 as follows:
49.13(3)(a)
(a) For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13(3)(b)
(b) For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13(3)(c)
(c) For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under
sub. (2) (a), whichever is later.
49.13 History
History: 2001 a. 16 ss.
1656ti,
1656tjm to
1656tp,
1656uu.
49.131
49.131
Electronic transfer of benefits. 49.131(1)
(1) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department to recipients of benefits by an electronic benefit transfer system.
49.131(2)
(2) If the necessary authorization under
sub. (1) is granted, and except as provided in
sub. (3), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department and that the department designates by rule.
49.131(3)
(3) The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.131 History
History: 2001 a. 16 ss.
1656ug,
1656uh,
1656uv,
1656uw.
49.133
49.133
Refusal to pay child care providers. The department or a county department under
s. 46.215,
46.22 or
46.23 may refuse to pay a child care provider for child care provided under s.
49.132, 1995 stats., or any other program if any of the following applies to the child care provider, employee or person living on the premises where child care is provided:
49.133(1)
(1) The person has been convicted of a felony or misdemeanor that the department or county department under
s. 46.215,
46.22 or
46.23 determines substantially relates to the care of children.
49.133(2)
(2) The person is the subject of a pending criminal charge that the department or county department under
s. 46.215,
46.22 or
46.23 determines substantially relates to the care of children.
49.133(3)
(3) The person has been determined under
s. 48.981 to have abused or neglected a child.
49.133 History
History: 1989 a. 31;
1995 a. 404 s.
122; Stats. 1995 s. 49.133;
1997 a. 252.
49.134
49.134
Child care resource and referral service grants. 49.134(1)(a)
(a) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
49.134(1)(b)
(b) "Local agency" means a nonprofit, tax-exempt corporation or an Indian tribe that provides or proposes to provide child care resource and referral services that are funded under this section.
49.134(1)(c)
(c) "Nonprofit, tax-exempt corporation" means a nonstock corporation organized under
ch. 181 that is a nonprofit corporation, as defined in
s. 181.0103 (17), and that is exempt from taxation under section
501 (c) of the internal revenue code.
49.134(2)
(2) Resource and referral service grants. 49.134(2)(a)(a) From the allocation under
s. 49.155 (1g) (d), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.
49.134(2)(c)
(c) A local agency that is awarded a grant under this section shall contribute matching funds equal to 25% of the amount awarded under this section. The match may be in the form of money or in-kind goods or services, or both.
49.134(2)(d)
(d) The department may award a grant under this section to a local agency only if that local agency meets any of the following requirements:
49.134(2)(d)1.
1. The local agency is solely in the business of providing child care resource and referral services.
49.134(2)(d)2.
2. If the local agency provides services, or is affiliated with a person who provides services, other than child care resource and referral services, the local agency, or the person with whom the local agency is affiliated, is not a provider of child care services or of early childhood education services and the local agency has an advisory committee to provide oversight for the portion of the local agency's services that are child care resource and referral services.
49.134(3)(a)(a) A local agency that is awarded a grant under this section may use the funds to provide any of the following services:
49.134(3)(a)1.
1. Technical assistance and support to child care providers.
49.134(3)(a)2.
2. Recruitment of child care providers in areas of need.
49.134(3)(a)3.
3. Information on the child care service options that are available in the community served by the local agency.
49.134(3)(a)4.
4. A data resource file that identifies the child care service options that are available in the community served by the local agency and that documents the requests and needs of parents in that community for child care services.
49.134(3)(a)5.
5. Programs or information on continuing education and training for child care providers.
49.134(3)(a)6.
6. Any other information regarding the availability and quality of child care services in the community served by the local agency.
49.134(3)(b)
(b) A local agency that is awarded a grant under this section may not use the funds to supplant any other funds that the local agency uses to provide child care resource and referral services at the time of the awarding of the grant.
49.134(4)
(4) Department responsibilities. The department shall do all of the following:
49.134(4)(a)
(a) Administer, or contract for the administration of, the grant program under this section, provide an application procedure for that program and disburse funds awarded under that program.
49.134(4)(b)
(b) Provide consultation and technical assistance to local agencies in the preparation of grant applications and the operation of child care resource and referral services programs funded under this section.
49.134(4)(c)
(c) Monitor the child care resource and referral services provided by a grant recipient.
49.136
49.136
Child care start-up and expansion. 49.136(1)(d)
(d) "Day care center" means a facility operated by a child care provider that provides care and supervision for 4 or more children under 7 years of age for less than 24 hours a day.
49.136(1)(e)
(e) "Day care program" means a program established and provided by a school board under
s. 120.13 (14) or purchased by a school board from a provider licensed under
s. 48.65, which combines care for a child who resides with a student parent who is a parent of that child with parenting education and experience for that student parent.
49.136(1)(g)
(g) "Employer" means a person who engages the services of an employee, and includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the courts and the legislature.
49.136(1)(j)
(j) "Family day care center" means a day care center that provides care and supervision for not less than 4 nor more than 8 children.
49.136(1)(k)
(k) "Group day care center" means a day care center that provides care and supervision for 9 or more children.
49.136(1)(m)
(m) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.136(1)(n)
(n) "Student parent" means a pupil who is enrolled in a middle school, junior high school or senior high school and who is a parent.
49.136(2)(a)(a) From the allocation under
s. 49.155 (1g) (d), the department may award grants for the start-up or expansion of child care services.
49.136(2)(b)
(b) If the department awards grants under this section, the department shall attempt to award the grants to head start agencies designated under
42 USC 9836, employers that provide or wish to provide child care services for their employees, family day care centers, group day care centers and day care programs for the children of student parents, organizations that provide child care for sick children, and child care providers that employ participants or former participants in a Wisconsin Works employment position under
s. 49.147 (3) to
(5).
49.136(2)(cm)
(cm) A person who is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.136(6)
(6) Limit on expenditure of funds. No funds provided under this section may be used for the purchase or improvement of land or for the purchase, construction or permanent improvement, other than minor remodeling, of any building or facility.
49.136(7)(a)(a) The department shall establish guidelines for eligibility for a grant under this section. The department need not promulgate those guidelines as rules under
ch. 227.
49.136(7)(b)
(b) The department may administer the grant application process under this section or contract for the administration of that process.
49.137
49.137
Child care quality improvement. 49.137(1)(c)
(c) "Family child care system" means a centralized administrative unit that offers technical assistance and support to a group of child care providers with the goal of improving child care services.
49.137(2)(a)(a) From the allocation under
s. 49.155 (1g) (d), the department may award grants to child care providers that meet the quality of care standards established under
s. 49.155 (1d) (b) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.
49.137(2)(b)
(b) A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.137(2)(c)
(c) A child care provider that is awarded a grant under this subsection may use the funds to provide advanced training for the child care provider's child care staff, to improve the salaries and benefits provided to the child care provider's child care staff and to undertake other activities or projects to improve the retention of the child care provider's child care staff.
49.137(3)(a)(a) From the allocation under
s. 49.155 (1g) (d), the department may award grants to child care providers for assistance in meeting the quality of care standards established under
s. 49.155 (1d) (b).
49.137(3)(b)
(b) A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.137(3)(c)
(c) A child care provider that is awarded a grant under this subsection shall use the grant funds to attempt to meet the quality of care standards established under s.
49.132 (4) (e), 1995 stats., within 24 months after receipt of the grant.
49.137(4)
(4) Training and technical assistance contracts. From the allocation under
s. 49.155 (1g) (d), the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:
