Explanation of agency authority. Section
49.147 (6) (c), Stats., provides that a W-2 agency shall administer job access loans in accordance with rules promulgated by the department. Section
49.143 (2) (c), Stats., provides that each W-2 agency must employ at least one financial and employment planner (FEP), and the FEP must meet certification and training requirements established by the department by rule. Section
103.005 (17), Stats., provides that the department shall administer those programs of public assistance that specified in subch.
III of ch. 49, Stats., including Emergency Assistance, W-2, and child care. Sections
103.005 (1) and
227.11 (2), Stats., provide general authority to promulgate rules necessary to effectuate the purpose of the statutes administered by the department.
Summary of the proposed rules.
W-2 job access loans. Section
49.147 (6), Stats., provides that an individual who meets other Wisconsin Works (W-2) eligibility requirements may receive a job access loan needed to obtain or continue employment and address an immediate and discrete financial crisis. Section
DWD 12.17 (2) provides that the amount of the loan to an individual may not be less than $25 and not more than $1600 in any 12-month period. The W-2 agency must also ensure that the average of all amounts loaned in any 12-month period does not exceed $800. The proposed rules will eliminate the requirement that the average of all job access loans issued by a W-2 agency in a 12-month period not exceed $800. The Legislative Audit Bureau report on the W-2 program issued in April 2005 stated that W-2 agencies report it is time-consuming to calculate ongoing job access loan amounts to comply with this requirement.
Emergency assistance. Section
49.138, Stats., provides for a program of emergency assistance to families with needy children in cases of fire, flood, natural disaster, homelessness, impending homelessness, and energy crisis. Prior to
2005 Wisconsin Act 25, a family could receive emergency assistance once in a 12-month period in cases of need due to fire, flood, natural disaster, energy crisis, or, if a member of the family was a victim of domestic abuse, in cases of need due to homelessness or impending homelessness. A family could receive once in a 36-month period for need due to homelessness or impending homelessness in all other cases.
2005 Wisconsin Act 25 amended s.
49.138, Stats., to provide that a family may be eligible for emergency assistance once in a 12-month period in all cases. The proposed rules amend Chapter
DWD 16, relating to emergency assistance, to reflect this statutory change. The proposed rules also provide that an agency shall consider an application complete if the application includes a legible name; address, if available; signature by the applicant or the applicant's representative and has been completed to the best of the applicant's or representative's ability.
W-2 worker training rules. The W-2 worker training rules in Chapter
DWD 17 currently provide various training requirements for W-2 agency financial and employment planners (FEPs) and resource specialists. The proposed rules clarify that case managers who perform any FEP function are required to complete the FEP training, regardless of what job title they may hold in the local W-2 agency. This includes case managers who specialize in employment attachment and retention, assist W-2 participants with special needs, or assist W-2 participants with the Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) application process.
The proposed rules also clarify that W-2 agencies that subcontract out a portion of their obligations under the W-2 agency contracts with the department are responsible for ensuring that the subcontractors comply with the department's training requirements. The W-2 agencies are also responsible for including subcontractors in the monthly report submitted to the department on training needs for new workers and the annual report submitted to the department on training completed by all workers.
The proposed rules create a new training requirement for workers who supervise W-2 FEPs or resource specialists. Supervisors who are employed on or after the effective date of the rules will be required to complete the department's new worker training for the job function of the workers that the supervisor is supervising during the first 6 months of employment, unless the supervisor worked in that job function within one year prior to the date of hire as a supervisor. Supervisors will also have ongoing training requirements.
In addition, a permanent employee of the W-2 agency who transfers into a FEP position or resource specialist position and who has not completed the initial training for that position within the previous year will be required to complete the new worker training.
The proposed rules also add civil rights compliance, cultural awareness, and diversity issues; compliance with the Americans with Disabilities Act (ADA); and collaboration and coordination with local child welfare agencies as topics that will be included in the worker training curriculum.
Child care copayment responsibility for subsidized guardians. Section
48.62 (5), Stats., as affected by
2005 Wisconsin Act 25, creates a new program of subsidized guardianship. This program allows guardians who were licensed as the child's foster parents to receive payments in the same amount that they received as foster parents if, among other things, the child has been placed outside of his or her home for a cumulative period of one year or longer, and, despite reasonable efforts to return the child to his or her home, reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child. The program also allows for monthly subsidized guardianship payments to an interim caretaker on the death, incapacity, resignation, or removal of a guardian receiving payments.
Section
49.155 (1m) (c) 1g., as affected by
2005 Wisconsin Act 25, provides that when an agency determines financial eligibility for a child care subsidy for a subsidized guardian or interim caretaker of the child, the agency must use the same procedure as is used for determining financial eligibility for a foster parent of a child. The department proposes to also treat subsidized guardians and interim caretakers the same as foster parents in determining the child care copayment amount. Section
DWD 56.08 (2) (b) provides that foster parents do not have a copayment responsibility for the foster children in their care. The proposed rules will also provide no copayment responsibility for subsidized guardians and interim caretakers.
Technical corrections in child care rules. The current Chapter
DWD 55, relating to day care certification, contains a section on conditions for child care reimbursement that does not relate to certification and more properly belongs in Chapter
DWD 56, relating to the administration of child care funds. Much of the information currently in this section, s. DWD 55.03, is a duplicate of information already in Chapter DWD 56 and is repealed in the proposed rules. Information that is not duplicated is renumbered so that it is properly in Chapter DWD 56.
The proposed rules include the current child care copayment schedule that was adjusted effective February 26, 2006, based on changes in the federal poverty level. Section
DWD 56.08 (3) allows the department to adjust the amounts in the schedule for various listed factors and to publish adjustments to the schedule in the
Wisconsin Administrative Register.
Summary of factual data and analytical methodologies. The change to the rule on W-2 job access loans is in response to a recommendation by the Legislative Audit Bureau. The changes to the Emergency Assistance rules are primarily statutory updates to reflect changes in
2005 Wisconsin Act 25, and the zero child care copayment responsibility for subsidized guardians is a logical extension of
2005 Wisconsin Act 25. The W-2 training rules are amended to reflect demonstrated needs. Other changes are technical corrections.
Comparison with federal law. There are no federal requirements on the changes in the proposed rules.
Comparison with rules in adjacent states. Iowa. There may be maximum emergency assistance payments of a total of $500 for a 30-day authorization period. These payments may be used for a single need or several needs. One authorization period is allowed per 12-month period. Illinois. Under the subsidized guardian program, payment may be made for day care for children under 3 years of age if the guardian is employed or in a training program that will lead to employment. Michigan. An application for state emergency relief is considered complete when the application form prescribed by the department has been filled out, the application has been signed by the applicant or by the applicant's authorized representative, the application has been received by the department, the applicant has provided information necessary for completion of eligibility forms and the completed form includes signatures of all adult members of the relief group. Minnesota. The department did not find rules on any of the changes in the department's proposed rules.
Effect on small businesses and fiscal impact on governmental bodies. The proposed rules will affect public and private W-2 agencies and contractors of W-2 agencies.
The change in the job access loan procedure may reduce administrative expenses for W-2 agencies.
Training requirements for W-2 workers provide tools for efficient, effective service delivery. Worker training may also increase a W-2 agency's customer satisfaction level, which would increase the agency's score on the W-2 performance standards and make it more likely that the agency will be able to renew the W-2 contract with the right of first selection.
The department does not charge agencies a fee for providing training. The only expense that the agencies incur is the worker's time away from normal duties and possible travel expenses. The department does on-site training for agencies that have at least a medium-sized group.
Agency contact person and place where comments are to be submitted. The proposed rules are available at the web site
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments. Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than June 1, 2006, will be given the same consideration as testimony presented at the hearing.
