Chapter
DWD 17 is also amended to create a training requirement for W-2 resource specialists who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. Training for resource specialists will include 6 hours on domestic abuse awareness.
The definition of financial and employment planner (FEP) is clarified to state that for purposes of the training requirements a FEP means a case manager employed by a W-2 agency who determines eligibility, assists in the process of determining eligibility, or performs case management functions.
Miscellaneous statutory updates. Other amendments made to reflect statutory changes include:
•
Addition of employer-sponsored training to the education or training activities allowed under W-2 community service job and W-2 transitions placements.
•
Exclusion of student financial aid in determining W-2 financial eligibility.
•
Amendment of s.
49.145 (2) (n), Stats., on extending the 60-month TANF time limit.
•
Extension of child support cooperation requirements to noncustodial parents.
•
Repeal of language referring to s.
49.21, 1997 Stats., regarding fair hearings.
References to ch.
DWD 11 in ch.
DWD 12, relating to the Aid to Families with Dependent Children program, have been deleted because that chapter has been repealed.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies may be affected by the rule in the same manner as described for counties under the screening and training subparts of the “fiscal impact" heading.
Fiscal Impact
1. Screening. The department is contracting with the UW-Milwaukee Center for Addiction and Behavioral Health Research for development of the comprehensive screening tool for a cost of $45,000. There will also be some costs associated with changes to the CARES automation system that are not known at this time.
The comprehensive screening tool may result in an increased number of referrals for assessments and increased need for special services, resulting in increased cost to county W-2 agencies.
2. Qualified alien. The department estimates that the expansion of eligibility for W-2 and child care to aliens who are legally present and authorized to work by the INS will result in a monthly increase in each program of 8 cases. This is an annual cost of $64,608 for W-2 and $70,000 for child care. The cost for qualified aliens receiving W-2 or child care is covered by state maintenance of effort funds.
3. Training. Under the statutory framework in place when the current ch.
DWD 17 was promulgated, W-2 was considered an income maintenance program and workers in W-2 agencies were “income maintenance workers." The current chapter DWD 17 relies on the statutory definitions of “income maintenance worker" and “financial and employment planner" to determine which W-2 workers are required to receive training under ch.
DWD 17. Section
49.33 (1) (c), Stats., defined an “income maintenance worker" as a person “whose duties include determinations or redeterminations of income maintenance program eligibility" and s.
49.141, Stats., defines a “financial and employment planner" as a caseworker “who provides financial or employment counseling services to a participant."
Under
2001 Wis. Act 16, W-2 is no longer an income maintenance program and the statutory definition of income maintenance worker has been repealed. The proposed rule defines the training requirements for W-2 workers based on important job duties performed in W-2 agencies. The rule specifies a training requirement for resource specialists, who are defined as workers who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. It is currently unclear whether resource specialists are covered by the rule with the “income maintenance worker" definition as the determining criteria. The proposed rule also creates a definition of “financial and employment planner" based on job duties for which the department believes it is critical that W-2 workers receive the training designed for the financial and employment planners. The rule defines a “financial and employment planner" as a case manager “who determines eligibility, assists in the process of determining eligibility, or performs case management functions." It has been difficult to apply the current statutory definition of “financial and employment planner" to determine who should receive training in agencies where workers have other job titles.
The rule specifies new criteria that determine which workers are covered by the training requirements. This may result in some increased costs for counties that will be required to train workers who would not be clearly covered by the current rule.
Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than May 15, 2002, will be given the same consideration as testimony presented at the hearing.
