49.136(6)
(6) Limit on expenditure of funds. No funds provided under this section may be used for the purchase or improvement of land or for the purchase, construction or permanent improvement, other than minor remodeling, of any building or facility.
49.136(7)(a)(a) The department shall establish guidelines for eligibility for a grant under this section. The department need not promulgate those guidelines as rules under
ch. 227.
49.136(7)(b)
(b) The department may administer the grant application process under this section or contract for the administration of that process.
49.136 History
History: 1991 a. 275;
1993 a. 16;
1995 a. 27,
289;
1995 a. 404 ss.
131 to
141; Stats. 1995 s. 49.136.
49.137
49.137
Child care quality improvement. 49.137(1)(c)
(c) "Family child care system" means a centralized administrative unit that offers technical assistance and support to a group of child care providers with the goal of improving child care services.
49.137(2)(a)(a) From the allocation under
s. 49.131 (2) (c) 4., the department may award grants to child care providers that meet the quality of care standards established under
s. 49.132 (4) (e) or
49.155 (6) to improve the retention of skilled and experienced child care staff. In awarding grants under this subsection, the department shall consider the applying child care provider's total enrollment of children and average enrollment of children who receive or are eligible for publicly funded care from the child care provider.
49.137(2)(b)
(b) A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.137(2)(c)
(c) A child care provider that is awarded a grant under this subsection may use the funds to provide advanced training for the child care provider's child care staff, to improve the salaries and benefits provided to the child care provider's child care staff and to undertake other activities or projects to improve the retention of the child care provider's child care staff.
49.137(3)(b)
(b) A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25% of the amount awarded under this subsection. The match may be in the form of money or in-kind goods or services, or both.
49.137(3)(c)
(c) A child care provider that is awarded a grant under this subsection shall use the grant funds to attempt to meet the quality of care standards established under
s. 49.132 (4) (e) within 24 months after receipt of the grant.
49.137(4)
(4) Training and technical assistance contracts. From the allocation under
s. 49.131 (2) (c) 4., the department may contract with one or more agencies for the provision of training and technical assistance to improve the quality of child care provided in this state. The training and technical assistance activities contracted for under this subsection may include any of the following activities:
49.137(4)(a)
(a) Developing and recommending to the department a system of higher reimbursement rates or a program of grants for child care providers that meet the quality of care standards established under
s. 49.132 (4) (e).
49.137(4)(b)
(b) Developing a plan for a uniform, statewide system of career development, credentialing and training for individuals who provide child care.
49.137(4)(c)
(c) Disseminating to the public information about child care that meets the quality of care standards established under
s. 49.132 (4) (e).
49.137(4)(d)
(d) Providing informational resources to child care providers.
49.137(4)(e)
(e) Providing advanced training to child care providers and the staff of child care providers.
49.137(4)(g)
(g) Developing resources to provide child care in a generic setting for children with special needs.
49.137(4)(h)
(h) Providing any other services to improve the availability and quality of child care in this state.
49.137(5)
(5) Limit on expenditure of funds. No funds provided under this section may be used for the purchase or improvement of land or for the purchase, construction or permanent improvement, other than minor remodeling, of any building or facility.
49.137(6)
(6) Grant administration. The department may administer the grant application processes under
subs. (2) and
(3) or contract for the administration of that process.
49.137 History
History: 1991 a. 275;
1993 a. 16;
1995 a. 27,
289;
1995 a. 404 ss.
142 to
161; Stats. 1995 s. 49.137.
49.138
49.138
Emergency assistance for families with needy children. 49.138(1)(1) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or energy crisis. Eligibility shall not exceed the limitations for federal participation defined by applicable federal laws and regulations. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under
s. 20.445 (3) (dc) and
(p). The department need not establish the maximum amount by rule under
ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of homelessness may be used only to obtain a permanent living accommodation and, except as provided in
sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless if any of the following applies:
49.138(1)(a)
(a) The family must leave its current housing because it is uninhabitable as determined by a local building inspector, a local health department or another appropriate local authority.
49.138(1)(b)
(b) The family has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, shelter facility or transitional shelter facility.
49.138(1)(d)
(d) The family is without a fixed, regular and adequate nighttime residence.
49.138(1)(e)
(e) The family is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation.
49.138(2)
(2) Emergency assistance provided to a person under
sub. (1) (c) may be provided once in a 12-month period.
49.138 History
History: 1995 a. 289 ss.
83e,
103d.
49.141
49.141
Wisconsin works; general provisions. 49.141(1)(a)
(a) "Community service job" means a work component of Wisconsin works administered under
s. 49.147 (4).
49.141(1)(b)
(b) "Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in
s. 767.001 (2) (a).
49.141(1)(c)
(c) "Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.
49.141(1)(d)
(d) "Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.
49.141(1)(g)
(g) "Minimum wage" means the state minimum hourly wage under
ch. 104 or the federal minimum hourly wage under
29 USC 206 (a) (1), whichever is applicable.
49.141(1)(h)
(h) "Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.
49.141(1)(i)
(i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under
s. 69.15 (3) (b) 3. a statement acknowledging paternity.
49.141(1)(j)
(j) "Parent" means either a biological parent, a person who has consented to the artificial insemination of his wife under
s. 891.40, or a parent by adoption.
49.141(1)(k)
(k) "Participant" means an individual who participates in any component of the Wisconsin works program.
49.141(1)(m)
(m) "Transitional placement" means a work component of Wisconsin works administered under
s. 49.147 (5).
49.141(1)(p)
(p) "Wisconsin works" means the assistance program for families with dependent children, administered under
ss. 49.141 to
49.161.
49.141(1)(s)
(s) "Wisconsin works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under
s. 49.027 (3) (b).
49.141(2)(a)(a) If necessary, the department shall request a waiver from the secretaries of the federal department of health and human services, the federal department of agriculture and the federal social security administration or shall seek the passage of federal legislation to permit the department to conduct the Wisconsin works program in lieu of the aid to families with dependent children program under
s. 49.19, the job opportunities and basic skills program under
s. 49.193, the parental responsibility pilot program under
s. 49.25 and the work-not-welfare program under
s. 49.27 and as part of the food stamp program under
7 USC 2011 to
2029 and the medical assistance program under
42 USC 1396 to
1396u.
49.141(2)(b)
(b) If a waiver is granted and in effect or legislation is enacted, and if the department determines that sufficient funds are available, the department may begin to implement the Wisconsin works program no sooner than July 1, 1996, for selected counties or groups determined by the department and shall implement the Wisconsin works program statewide for all groups no later than September 1997. If a waiver is not granted and in effect or federal legislation is not enacted before March 30, 1997, the department shall implement the Wisconsin works program statewide for all groups no later than 3 months after the necessary waiver has been granted or federal legislation has been enacted.
49.141(2)(d)
(d) Before implementing the Wisconsin works program, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the department will begin to implement the Wisconsin works program statewide.
49.141(2g)(a)1.1. The department shall contract with the legislative audit bureau to conduct a financial and performance audit of Wisconsin works. The legislative audit bureau shall include in its audit all of the following:
49.141(2g)(a)1.a.
a. The effect of the Wisconsin works employment component on the unsubsidized wages of former Wisconsin works employment position participants, the wages of trial job participants and the wages of participants that move from community service jobs and transitional placements to trial jobs.
49.141(2g)(a)1.b.
b. The effect of Wisconsin works on the provision of child care services.
49.141(2g)(a)2.
2. The legislative audit bureau shall file the audit no later than July 1, 2000, in the manner described under
s. 13.94 (1) (b).
49.141(2g)(b)
(b) If an evaluation is required under the terms of a federal waiver obtained under
sub. (2) (a), the legislative audit bureau, in consultation with the department, may contract with a private or public agency to perform that evaluation and may charge the department for the cost of the evaluation.
49.141(3)
(3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under
s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.
49.141(4)
(4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
49.141(5)
(5) Nonsupplant. No Wisconsin works employment position may be operated so as to do any of the following:
49.141(5)(a)
(a) Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under
s. 49.147 (3),
(4) or
(5).
49.141(5)(b)
(b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
49.141(5)(c)
(c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
49.141(6)
(6) Prohibited conduct. A person, in connection with Wisconsin works, may not do any of the following:
49.141(6)(a)
(a) Knowingly and wilfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.
49.141(6)(b)
(b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized.
49.141(7)(a)(a) A person who is convicted of violating
sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
49.141(7)(b)
(b) A person, other than a person under
par. (a), who is convicted of violating
sub. (6) may be fined not more than $10,000 or imprisoned for not more than one year or both.
49.141(8)
(8) Damages. If a person is convicted under
sub. (6), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under
sub. (6) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
49.141(9)(a)(a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
49.141(9)(b)
(b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, may be fined not more than $25,000 or imprisoned for not more than 5 years or both.
49.141(9)(c)
(c) This subsection does not apply to any of the following:
