49.155(1m)(a)4.a.
a. The individual has been employed in unsubsidized employment for 9 consecutive months and continues to be so employed.
49.155(1m)(a)4.b.
b. The individual is a participant in a Wisconsin works employment position.
49.155(1m)(b)
(b) The individual meets the eligibility conditions under
s. 49.145 (2) (c) to
(g) and
(3) (a), except that an individual may be eligible for a child care subsidy under this section regardless of the number of days the individual has resided in this state prior to applying for the child care subsidy.
49.155(1m)(c)
(c) The gross income of the individual's family is at or below 165% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. to
3.
49.155(1m)(d)
(d) The individual satisfies other eligibility criteria established by the department by rule.
49.155(3)(a)(a) A Wisconsin works agency shall refer an individual who has been determined eligible under
sub. (1m) to a county department under
s. 46.215,
46.22 or
46.23 for child care assistance.
49.155(3)(b)
(b) The county department under
s. 46.215,
46.22 or
46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under
s. 46.215,
46.22 or
46.23 shall do all of the following:
49.155(3)(b)2.
2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider or otherwise reimburse child care providers.
49.155(3)(b)6.
6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.
49.155(4)
(4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under
s. 48.65, a Level I certified family day care provider, a Level II certified family day care provider or a day care program provided or contracted for by a school board under
s. 120.13 (14).
49.155(5)
(5) Liability for payment. An individual is liable for the percentage of the cost of the child care that the department specified.
49.155(6)
(6) Child care rates and quality standards. 49.155(6)(a)(a) The department shall establish the maximum rate that a county department under
s. 46.215,
46.22 or
46.23 may pay for child care services provided under this section. The department shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each county or in a multicounty area determined by the department can be purchased at or below that maximum rate.
49.155(6)(b)
(b) The department shall set a maximum rate that a county department under
s. 46.215,
46.22 or
46.23 may pay for Level I certified family day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 75% of the rate established under
par. (a).
49.155(6)(c)
(c) The department shall set a maximum rate that a county department under
s. 46.215,
46.22 or
46.23 may pay for Level II certified family day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 50% of the rate established under
par. (a).
49.155(6)(d)
(d) The department may establish a system of rates for child care programs that exceed the quality of care standards required for licensure under
s. 48.65 or for certification under
s. 48.651 (1) (a).
49.155(7)
(7) Refusal to pay child care providers. 49.155(7)(a)(a) The department or the county department under
s. 46.215,
46.22 or
46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:
49.155(7)(a)1.
1. The person has been convicted of a felony or misdemeanor that the department or county department determines substantially relates to the care of children.
49.155(7)(a)2.
2. The person is the subject of a pending criminal charge that the department or county department determines substantially relates to the care of children.
49.155(7)(a)3.
3. The person has been determined under
s. 48.981 to have abused or neglected a child.
49.155 History
History: 1995 a. 289.
49.157
49.157
Wisconsin works; transportation assistance. A Wisconsin works agency may provide transportation assistance in the manner prescribed by the department. The Wisconsin works agency shall limit any financial assistance granted under this subsection to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.
49.157 History
History: 1995 a. 289.
49.159
49.159
Wisconsin works; noncustodial and minor and other custodial parents. 49.159(1)
(1)
Noncustodial parents. An individual who would be eligible under
s. 49.145 except that the individual is the noncustodial parent of a dependent child, is eligible for services under this subsection if the dependent child's custodial parent is a participant and if the individual is subject to a child support order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.
49.159(2)
(2) Minor custodial parents. financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, community resources, eligibility for food stamps and other food and nutrition programs.
49.159(3)
(3) Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
49.159(4)
(4) Pregnant women. A pregnant woman whose pregnancy is medically verified who would be eligible under
s. 49.145 except that she is not a custodial parent of a dependent child is eligible for employment training and job search assistance services provided by the Wisconsin works agency.
49.159 History
History: 1995 a. 289.
49.161
49.161
Wisconsin works; overpayments. 49.161(1)
(1)
Trial jobs overpayments. Notwithstanding
s. 49.96, the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (a) from an individual who receives or has received benefits paid under
s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
49.161(2)
(2) Community service jobs and transitional placements overpayments. Except as provided in
sub. (3), the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (b) and
(c) from an individual who continues to receive benefits under
s. 49.148 (1) (b) and
(c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3)
(3) Overpayments caused by intentional program violations. If an overpayment under
sub. (1) or
(2) is the result of an intentional violation of
ss. 49.141 to
49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under
s. 49.148 (1) (a),
(b) or
(c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a)
(a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b)
(b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c)
(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d)
(d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 History
History: 1995 a. 289.
49.185
49.185
Employment skills advancement program. 49.185(1)(c)
(c) "Family" 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. "Family" includes any nonmarital coparent, as defined in
s. 49.141 (1) (i), 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. "Family" does not include any person who is receiving benefits under
s. 49.027 (3) (b).
49.185(2)
(2) Grants. A person contracting with the department under
sub. (4) may make an employment skills advancement grant of up to $500 to an individual eligible under
sub. (3) for tuition, books, transportation or other direct costs of training or education in a vocational training or education program.
49.185(3)
(3) Eligibility. An individual is eligible for an employment skills advancement grant only if all of the following eligibility requirements are met:
49.185(3)(a)
(a) The training or education is approved by the person contracting with the department under
sub. (4) as part of a career training or education plan that will lead to increased income.
49.185(3)(b)
(b) The individual is at least 18 years of age and is a custodial parent of a minor child.
49.185(3)(c)
(c) The individual has been determined eligible for aid under
s. 49.19 or for a Wisconsin works employment position under
s. 49.145 within 5 years before applying for a grant.
49.185(3)(d)
(d) The individual has been employed in an unsubsidized job for at least 9 consecutive months before applying for a grant.
49.185(3)(e)
(e) The individual is working an average of at least 40 hours per week, unless the employer and the person contracting with the department under
sub. (4) agree that the person may work fewer hours.
49.185(3)(f)
(f) The assets of the individual's family do not exceed $2,500 in combined equity value, excluding the equity value of vehicles up to a total equity value of $10,000 and one home in which the family lives.
49.185(3)(g)
(g) The income of the individual's family does not exceed 165% of the poverty line.
49.185(3)(h)
(h) The individual has sought other forms of assistance, as required by the department.
49.185(3)(i)
(i) The individual contributes an amount at least equal to the amount of the grant, and obtains funding from other sources in an amount at least equal to the amount of the grant, for tuition, books, transportation or other direct costs of the training or education.
49.185(3)(j)
(j) The amount of the grant plus the amount of any grant that that individual has previously received under this section does not exceed $500.
49.185(4)
(4) Administration. The department may contract with any person to administer the program under this section. The department shall contract with one person to administer the program in each area of the state, as determined by the department.
49.185(5)
(5) Applicability. This section applies beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d).
49.185 History
History: 1995 a. 289.
49.19
49.19
Aid to families with dependent children. 49.19(1)(a)(a) In this section, "dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who:
49.19(1)(a)1.
1. Has been deprived of parental support or care by reason of the death, continued absence from the home other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States, unemployment or incapacity of a parent; and
49.19(1)(a)2.a.a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or
49.19(1)(a)2.b.
b. Is living in a foster home or treatment foster home licensed under
s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under
s. 48.625 or in a child-caring institution licensed under
s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under
s. 46.215,
46.22 or
46.23, by the department of health and family services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
49.19(1)(b)
(b) Any individual may apply for aid to families with dependent children and shall have opportunity to do so. Application for aid shall be made on forms prescribed by the department. Any person having knowledge that any child is dependent upon the public for proper support or that the interest of the public requires that such child be granted aid may bring the facts to the notice of an agency administering such aid in the county in which the child resides.
49.19(1)(c)1.1. "Aid to families with dependent children" means money payments with respect to, or vendor payments as prescribed by the department, or medical care in behalf of or any type of remedial care recognized under
subs. (1) to
(10) or
s. 49.46 or necessary burial expenses as defined in
sub. (5) in behalf of a dependent child or dependent children.
49.19(1)(c)2.
2. "Aid to families with dependent children" also includes such aid to meet the needs of the relative with whom any dependent child is living and the spouse of the relative if:
49.19(1)(c)2.a.
a. The spouse is living with the relative, the relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or
49.19(1)(c)2.b.
b. The spouse is a convicted offender permitted to live at home but precluded from earning a wage because the spouse is required by a court imposed sentence to perform unpaid public work or unpaid community service.
49.19(1)(c)3.
3. "Aid to families with dependent children" also includes payments made to another individual not a relative enumerated under
par. (a), pursuant to federal regulations, if:
49.19(1)(c)3.a.
a. The individual has been appointed by a court of competent jurisdiction as a legal representative of the dependent child; or
49.19(1)(c)3.b.
b. The individual who may be a caseworker has been designated by the county department under
s. 46.215 or
46.22 to receive payment of the aid or cash payments to recipients who are engaged in an approved work relief or training project.
49.19(1)(d)
(d) The rate of payment for skilled nursing care provided under this section shall be determined by the county under guidelines established by the department pursuant to
s. 49.45 (6m). Payment for limited care shall not exceed 90% of the applicable Title XIX skilled care rate. Payment for personal care shall not exceed 80% of the applicable Title XIX skilled care rate.
49.19(2)(a)(a) A home visit may be made at the option of the county to investigate the circumstances of the child before granting aid. The department may, however, require a county to make a home visit for this purpose if the department finds that a need exists. A report upon a home visit shall be made in writing and become a part of the record in the case. Every applicant shall be promptly notified in writing of the disposition of his or her application. Aid shall be furnished with reasonable promptness to any eligible individual.
49.19(2)(am)
(am) A county department under
s. 46.215,
46.22 or
46.23 may not accept a rent receipt to verify the residence of an applicant for or recipient of aid under this section unless the receipt shows the name, address and home and business telephone numbers of the landlord or the landlord's designee.
49.19(2)(b)
(b) Recipients of aid under this section shall, as a condition for continued receipt of the aid, provide accurate monthly reports of any circumstances which may affect their eligibility or the amount of assistance. The department shall promulgate rules selecting categories of recipients who may report less frequently in order to reduce administrative expense and shall specify monthly dates by which reports shall be submitted.
49.19(2)(c)
(c) An alien shall provide the department with reports the department requires to determine eligibility and the amount of aid, including reports about the alien's sponsor.
49.19(2)(d)
(d) Eligibility for aid to families with dependent children for any month shall be based on estimated income, resources, family size and other similar relevant circumstances during that month. The amount of aid for any month shall be based on income and other relevant circumstances in the first or, at the option of the department, the 2nd month preceding such a month, except that the amount of aid in the first month or, at the option of the department, the first and 2nd months of a period of consecutive months for which aid is payable is based on estimated income and other relevant circumstances in such first month or first and 2nd months. The department may promulgate rules establishing payment and reporting months as needed to administer this paragraph.
49.19(2)(p)
(p) Any person who has conveyed, transferred or disposed of any asset that would be included in determining the value of assets under
sub. (4) (bm) within 2 years prior to the date of making application, or of redetermination of eligibility, for benefits under this section at less than fair market value shall, unless shown to the contrary, be presumed to have made the transfer, conveyance or disposition in contemplation of receiving benefits under this section and shall be ineligible to receive the benefits thereafter until the uncompensated value of the asset is expended by or on behalf of the person for his or her maintenance needs, including needs for medical care. The department shall promulgate rules for the administration of this paragraph. This paragraph shall apply to the extent permitted under federal law.
