3.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule.
200 hours.
4.
List with description of all entities that may be affected by the proposed rule.
Wisconsin works agencies, Wisconsin works participants, Wisconsin works assistance group members, community-based organizations supporting low income families, Social Security Administration, and Department of Workforce Development Division of Vocational Rehabilitation.
5.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
Existing federal regulations establish a time limit for receiving TANF benefits but also grant states significant flexibility in creating time limit policies.
45 CFR §264.1(a) prohibits states from using federal TANF funds to provide assistance to most families beyond 60 cumulative months. This federal regulation also allows a state to set a time limit shorter than 60 months.
45 CFR §264.1(c) provides that states may extend assistance to a limited number of families beyond the 60-month time limit, but this number cannot exceed 20 percent of the State's caseload. States may also extend assistance if families have experienced hardship, as defined by the State, or if the family includes someone who has been battered or subjected to extreme cruelty which includes the following:
i.
Physical acts that resulted in, or threatened to result in, physical injury to the individual;
ii.
Sexual abuse;
iii.
Sexual activity involving a dependent child;
iv.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
v.
Threats of, or attempts at, physical or sexual abuse;
vi.
Mental abuse; or
vii.
Neglect or deprivation of medical care.
If a state does not comply with the federal 60-month time limit requirements, 45 CFR §264.2 provides that the State Family Assistance Grant (SFAG) will be reduced by five percent in the succeeding fiscal year. A state may avoid the penalty by demonstrating reasonable cause or correcting the violation under a corrective compliance plan. 45 CFR §264.3(b) provides that a state may receive reasonable cause because it granted federally recognized good cause domestic violence waivers.
The proposed rules must assure the Wisconsin works program remains in compliance with federal requirements for TANF program time limits and extending assistance.
6.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small business):
Minimal economic impact; no impact on small business.
Contact Person:
Name:       Debra Cronmiller
Title:       W-2 Policy Section Chief, Bureau of Working Families
Organization:   Department of Children and Families
Phone:     (608) 422-6277
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