Wisconsin Legislature: DCF 101.25(8)(c)

(f) The W-2 agency shall administer child care, including applying the appropriate child care co-payment under s. 49.155 (5), Stats., and transportation funds under s. 49.26 (1) (e), Stats. Payment for the cost of transportation to and from the child care provider shall be in the amount equal to the cost of transportation by the most appropriate means as determined by the department or the W-2 agency.

(g) If the child or W-2 participant does not have the power to produce verification of enrollment or good cause for not participating in case management, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

Note: See DCF 101.11, relating to verification.

(6) School district responsibilities.

(a) The school attendance officer shall provide information to the agency about the enrollment and attendance of a child who is enrolled in the public school in the school district within 5 working days after the date of receipt of the written request from the agency.

(b) The requirement under 20 USC 1232g and s. 118.125 (2), Stats., that written consent be given for a school district to make available the enrollment and attendance records of a pupil shall be met in the case of a child in a W-2 group by the signature of the parent, guardian, caretaker or pupil on the W-2 application for initial eligibility or eligibility redetermination.

(c) The school district shall define how many hours of attendance count as a full and part day and shall provide that definition, upon request, to the agency.

(7) Exemption reasons.

(a) A child who is required to meet the school attendance requirement to meet the learnfare participation requirements under s. 49.26, Stats., shall comply except when exempt which shall be demonstrated by any of the following circumstances:

1. The minor parent is the caretaker of a child who is less than 45 days old.

2. The minor parent is the caretaker of a child who is 45 to 89 days old and the minor parent has a physician’s excuse or, child care for the minor parent’s child is required but there is no available on-site day care at the school and the school has no home instruction program.

3. The minor parent is the caretaker of a child who is 90 or more days old and the minor parent has a physician’s excuse.

4. Child care services for the minor parent’s child are necessary for the minor parent to attend school but child care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., is not available. Child care shall be considered unavailable if there is no space available for the child in day care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., within reasonable travel time and distance of the pupil’s home.

5. Transportation to and from child care is necessary for the minor parent’s child and there is no public or private transportation available.

6. The child is temporarily excused from school attendance by the school district under s. 118.15 (3), Stats.

7. The child is prohibited by the school district from attending school and an expulsion under s. 120.13 (1), Stats., is pending. This exemption no longer applies once the child has been formally expelled.

8. The child is unable to attend school because the child was expelled under s. 120.13 (1), Stats., and another school is not available for one of the following reasons:

a. There is no public or private school within reasonable travel time or distance which will accept the child.

b. There is no public or private transportation available to another school.

c. There is a public or private school which will accept the child but the tuition charge is prohibitive and the child’s school district refuses to pay the tuition.

9. The child failed to enroll in school for one or more of the reasons in this subdivision:

a. Illness, injury or incapacity of the child or a member of the child’s family. In this subparagraph, “member of the child’s family” means a spouse, dependent child, or parent of the child who lives with the child.

b. Temporary incarceration.

c. The child is on the waiting list for a children-at-risk program under s. 118.153, Stats., and a children-at-risk program that is appropriate for the child is not available.

d. Any other circumstance beyond the control of the child.

(b) Additional exemption reasons may be defined by the department through the review of agency decision process under s. 49.152, Stats.

(8) Learnfare case management.

(a) When a child fails to meet the school attendance requirements or when a child is determined to be a minor parent, dropout, returning dropout, or habitual truant, the W-2 agency shall require the child to participate in case management.

(b) Upon referral or identification of a child for whom case management is required, the W-2 agency shall schedule an initial appointment with the child and the child’s parent to conduct an assessment and complete a learnfare case management plan. The W-2 agency shall schedule the appointment at a time when the appointment will not interfere with the child’s school schedule or the parent’s work schedule. The W-2 agency shall send written notice of the appointment to the child and the child’s parent at least 7 working days before the appointment date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled appointment date to reschedule the appointment.

(c) If the child and the child’s parent fail to attend or reschedule the initial appointment, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

(d) Case management requirements include the following:

1. The child and the child’s parent shall participate in the assessment and the development of the learnfare case management plan and the parent shall sign the completed plan.

2. If the child is a dropout, the child or the child’s parent shall provide verification of the child’s return to school and attendance within 7 working days of the date that a school is available.

3. The child and the child’s parent shall attend meetings scheduled by the W-2 agency. The W-2 agency shall schedule the meetings times when the meetings will not interfere with the parent’s work schedule. The W-2 agency shall send written notice of a meeting to the child and the child’s parent at least 7 working days before the scheduled meeting date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled meeting date to reschedule the meeting. If the child and the child’s parent fail to attend or reschedule the meeting, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

4. If the W-2 agency determines that the child needs special services, the W-2 agency shall make the special services available at a time that does not interfere with the parent’s work schedule. If the parent’s participation is required, the parent shall participate along with the child in the special services activities.

5. The child or the child’s parent, or both, shall engage in activities identified by the W-2 agency in the learnfare case management plan as necessary to maintain school enrollment or improve school attendance.

(9) Criteria for applying a financial penalty.

(a)

1. Except as provided under subd. 2., a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11).

2. No financial penalty may be imposed under any of the following circumstances:

a. The agency has not made case management available to a child who has failed to meet the school attendance requirement under sub. (4) or who is required to participate in case management under sub. (8).

b. The child or the child’s parent is unable to comply with the learnfare case management plan because a service identified is not available and no appropriate alternative service as determined by the W-2 agency is available.

(b) The W-2 group of a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11) as long as the child continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified.

(10) Good cause for not participating in case management.

(a) The W-2 agency shall determine if a child or the child’s parent had good cause for failing to participate in learnfare case management. In making such a determination, the W-2 agency may require the child or the child’s parent to provide written documentation that good cause existed. If the child or the child’s parent does not have the power to produce documentation of good cause, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the documentation.

(b) Good cause for failing to participate in learnfare case management shall be any of the following circumstances:

1. Child care is needed for the child to participate in case management, but child care is not available.

2. Transportation is needed to and from child care for the minor parent’s child, but neither public nor private transportation is available.

3. Court-required appearance, including required court appearances for a victim of domestic abuse, or temporary incarceration.

4. Observance of a religious holiday.

5. Death of a relative.

6. Family emergency.

7. Illness, injury, or incapacity of the child or a family member living with the child. In this subdivision, “family member” means a spouse, child or parent.

8. Medical or dental appointment for the minor parent or the minor parent’s child.

9. Breakdown in transportation.

10. A review decision under s. 49.152, Stats., identifies circumstances that justify good cause.

11. Other circumstances beyond the control of the child or the child’s parent, but only as determined by the W-2 agency.

(11) Applying financial penalties.

(a) Notice. Upon determining that a financial penalty is proper under sub. (9), the W-2 agency shall send written notice to the W-2 participant which specifies all of the following:

1. That the CSJ or transitional benefit will be reduced or that a financial penalty will be imposed on a trial employment match program job participant, in the amount of $50 per month per penalty not to exceed $150 per W-2 group per month, because the child has failed to meet the school attendance requirement or the child has failed to participate in learnfare case management and continues to fail to meet the school attendance requirement.

2. The child to whom the financial penalty applies.

3. How the W-2 participant can contact the school district for information regarding the children at risk program under s. 118.153, Stats.

4. The child’s or W-2 participant’s right to request a review under par. (b), and that if a review is requested within 10 days of the date of the notice, the penalty will not be imposed until after the fact finding review decision.

(b) Review of agency decision. The child or W-2 participant may request a review of an agency decision in accordance with ss. 49.152 and 49.26, Stats., on the W-2 agency’s determination that a financial penalty is proper under sub. (9) If a review is requested within 10 days of the date of the notice of financial penalty, the penalty shall not be imposed until after the fact finding review decision, unless the participant withdraws the petition in writing or abandons the petition.

(c) Effective period of financial penalty. A financial penalty shall be imposed each payment month until the child meets the school attendance requirement or participates in case management or an exemption reason under sub. (4) or a good cause reason under sub. (10) is verified.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; emerg. am. eff. 1-2-98; am. (1), (2) (b), (3)(a), (4) (a), (5) (a), (b), (d) and (f), (6) (a) and (b), (7) (a) (intro.) and 1. to 7.,8. (intro.), a. and c., 9. (intro.) a. and b., and (b), (9) (a) 2. (intro.), a. and b.; renum. (3) (b) to (f), (g), (j), (k), (L) and (n) to (3) (c), (e) to (h), (i), (L), (m), (o) and (p) and am., (3) (c), (e), (f) and (h), (4) (b) (intro.) to be (4) (b) and am., (3) (b) and (c) to (f) to be (3) (c) and (e) to (h) and am. (3) (c), (e), (f) and (h), (4) (f) to be (4) (c) and am., (4) (g) to be (4) (e) and am. (5) (c) 1. to be (5) (c) and am. (7) (a) 9. i. to be (7) (a) 9.d. and am., (10) (a), (b), (d) to be (11), (a), (b) and (c), r. (3) (i) and (m), (4) (b) 1. and 2., and (c) to (e), (5) (c) 2., (7) (a) 9. c. to h., (9) (a) 2.c., and (10) (c), (e) and (f); r. and recr. (8), (9) (a) 1. and (b), cr. (3) (b), (d), (j), (k) and (n), (4) (d), (5) (g), (7) (a) 9. c. and (10); Register, October, 1998, No. 514, eff. 11-1-98; corrections in (1), (4) (e), (5) (a), (7) (b) and (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b., (b), (11) (a) 1. Register July 2022 No. 799, eff. 8-1-22; correction in (7) (b), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

DCF 101.26 Child care. Foster care payments received pursuant to s. 48.645, Stats., and kinship care payments received pursuant to s. 48.57 (3m) or (3n), Stats., shall not be considered as family income in determining financial eligibility for child care subsidies under s. 49.155 (1m) (c), Stats.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1709: emerg. r. (1), renum. (2) to (intro.), eff. 5-4-17; CR 17-033: r. (1), renum. (2) to (intro.), Register January 2018 No. 745, eff. 2-1-18.

DCF 101.27 Two-parent families.

(1) Requirements for the second parent. If a participant in a Wisconsin works employment position resides with the second parent of a dependent child with respect to whom the participant is a custodial parent, the second parent shall participate in prescribed work activities under sub. (3) if the Wisconsin works group receives federally-funded child care assistance on behalf of the dependent child. The W-2 agency shall inform the second parent all of the following:

(a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount.

(b) The second parent’s refusal to participate in W-2 employment and training activities will result in sanction for the Wisconsin works group pursuant to s. DCF 101.21.

(2) Exceptions. The second parent is not required to participate in employment and training activities if any of the following conditions are met:

(a) The family is not receiving federally-funded child care assistance for a dependent child of the W-2 participant and the second parent.

(b) The second parent is a disabled parent who receives federal or state disability payments or other benefits based on equivalent disability status. Federal or state disability payments include supplemental security income, social security disability insurance, veteran’s disability benefits, and worker’s compensation.

(c) The second parent is caring for a severely disabled dependent child who has a physical, emotional, or mental impairment that is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:

1. Self-care.

2. Receptive and expressive language.

3. Learning.

4. Mobility.

5. Self-direction.

6. Capacity for independent living.

7. Economic self-sufficiency.

(3) Prescribed work activities. The second parent shall participate in any of the following activities for at least the difference between 55 hours and the number of hours the parent in the W-2 employment position participates in any of the following activities:

(a) Unsubsidized employment as defined in s. 49.147 (1), Stats.

(b) Employment subsidized by a source other than Wisconsin works.

(d) On-the-job training funded by a source other than W-2.

(e) A community service job as defined in s. 49.147 (4), Stats.