September 29, 2000 Room 400X
Friday GEF #1 Building
Beginning at 201 East Washington Ave.
1:30 p.m. MADISON, WI
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 5 working days before the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. The address for written comments follows later in this notice.
Analysis Prepared by the Dept. of Workforce Development
Statutory authority: ss. 49.145 (2) (d) and (n) 1. a., (3) (b) 1. and (4), 49.147 (6) (a) 2., 49.148 (1), 49.155 (1m) (d) and (5), and 227.11, Stats., as affected by 1999 Wis. Act 9.
Statutes interpreted: ss. 49.145 (2) (d) and (n) 1. a., (3) (b) 1. and (4), 49.147 (6) (a) 2., 49.148 (1), 49.155 (1m) (d) and (5), Stats., as affected by 1999 Wis. Act 9.
Substantive changes:
1. Copayment responsibility is eliminated for foster parents and for kinship care relatives who are caring for a kinship care child under court order, unless they are receiving a child care subsidy for another child who is not a foster or kinship care child. Foster parents and kinship care relatives currently pay the minimum copayment based on number of children in child care and type of care received, unless they are receiving a child care subsidy for another child who is not a foster or kinship care child. Kinship care relatives caring for a child without a court order will continue to pay the minimum copayment.
2. Foster care payments received pursuant to s. 46.261, Stats., and kinship care payments received pursuant to s. 48.57 (3m) or (3n), Stats., will be considered to be allocated toward the care of the child for whom they are received and will not be included in determining financial eligibility for child care subsidies under s. 49.155, Stats., for other children in the household. Currently, these payments are counted as household income and some families become ineligible for child care subsidies for their own children if they care for foster children or kinship care children.
Clarifications:
Two changes made to the child care copayment table in March 2000 are incorporated into rule language. Children who are authorized for child care assistance for 20 hours or less are subject to 50% of the copayment amounts. Also, parents who have left a W-2 employment position for unsubsidized employment pay the minimum copayment amount based on number of children in the family in child care and the type of child care selected for the first month of the unsubsidized employment.
Statutory updates:
Several updates are made to bring the rules in compliance with changes made in 1999 Wis. Act 9. The 60-day residency requirement for W-2 is repealed. Earned income of dependent children and child support income is excluded in determining W-2 eligibility. A job access loan may be used to purchase a car. Language changes are made regarding JOBS participation and eligibility reviews. A reference to a statutory section that lists the grant amounts for prorated community service jobs is added. Language on child care eligibility which duplicated obsolete statutory provisions is repealed.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant impact on a substantial number of small businesses.
Fiscal Estimate
The fiscal effect of the elimination of copayment responsibility for foster parents and kinship care relatives is expected to be approximately $173,160 (740 children x $4.50/week copay adjustment x 52 weeks).
Other changes are not expected to have a significant fiscal effect.
Copies of Rule and Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P. O. Box 7946
Madison, WI 53707-7946
Telephone: (608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than Friday, October 6, 2000 will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Workforce Development
(Economic Support,
Chs. DWD 11-59)
Notice is hereby given that pursuant to ss. 49.19, 49.20 (1997-98), 49.193, 49.21 (1997-98), 49.27 (1997-98), and 227.11 (2), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules repealing chs. DWD 22 and HSS 205, 206, 207, 225 and 244, relating to the repeal of obsolete public assistance policies and procedures.
Hearing Information
The public hearing will be held as follows:
Date & Time Location
September 29, 2000 Room 400X
Friday GEF #1 Building
Beginning at 201 East Washington Ave.
1:30 p.m. MADISON, WI
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street entrance. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. The address for written comments follows later in this notice.
Analysis Prepared by the Dept. of Workforce Development
Statutory authority: ss. 49.19, 49.20 (1997-98), 49.193, 49.21 (1997-98), 49.27 (1997-98), and 227.11 (2), Stats.
Statutes interpreted by the rule: ss. 49.19, 49.20 (1997-98), 49.193, 49.21 (1997-98), 49.27 (1997-98), and 227.43 (1) (by), Stats.
Chapters DWD 22 and HSS 205, 206, 207, 225 and 244 relate to public assistance policies and procedures administered by the Division of Economic Support when it was within the Department of Health and Social Services. Many of the policies pertain to the Aid to Families with Dependent Children (AFDC) program, which was replaced by Wisconsin Works (W-2) in 1997. These rules came under the authority of the Department of Workforce Development (DWD) in 1996 when the Division of Economic Support left DHSS and merged with the Department of Industry, Labor, and Human Relations to form DWD.
Chapter DWD 22 provided rules on aid for 18-year old high school students who became ineligible for AFDC solely as a result of reaching the age of 18. The statutory authority for this rule, s. 49.20, Stats. (1997-98), has been repealed.
Chapter HSS 205 provided rules on monthly reporting of income for the determination of eligibility and benefit amount for AFDC, food stamp, and medical assistance programs. Monthly reporting is no longer used in the food stamp or medical assistance program.
Chapter HSS 206 provided rules for the administration of the Job Opportunities and Basic Skills (JOBS) training program for AFDC recipients, which existed from 1995 to 1998.
Chapter HSS 207 provided rules for the administration of the Work-Not-Welfare demonstration project, which existed from 1995 to 1997. The statutory authority for this rule, s. 49.27, Stats. (1997-98), has been repealed.
Chapter HSS 225 provided rules for the administration of fair hearings in appeals of public assistance, food stamp, and medical assistance claims within the Department of Health and Social Services. Hearings on appeals of public assistance claims are now conducted by the DOA Division of Hearings and Appeals and rules governing their procedure are at ch. HA 3.
Chapter HSS 244 provided rules on the confidential nature of records. Confidentiality requirements are now covered by s. 49.143 (5), Stats., s. DWD 12.08 (2), and W-2 agency contracts. Public notice and confidentiality requirements related to old age assistance liens are within the jurisdiction of the Department of Health and Family Services.
Rule Text
SECTION 1. Chapters DWD 22 and HSS 205, 206, 207, 225 and 244 are repealed.
Initial Regulatory Flexibility Analysis
There will be no significant impact on small business.
Fiscal Estimate
The repeal of obsolete public assistance rules will have no fiscal effect.
Written Comments
Written comments received at the following address no later than Wednesday, October 4, 2000, will be given the same consideration as testimony presented at the hearing:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 00-60):
Ch. ATCP 75 - Relating to retail food establishments.
