49.19(5)(am)1.b.
b. Earned income derived from a training or retraining project.
49.19(5)(am)1.c.
c. The earned income of a person whose income exceeds the person's need, unless the person has received aid under this section in any of the 4 months preceding the month in which the income exceeds the need.
49.19(5)(am)1m.
1m. If a waiver under
subd. 2. is granted, the department may select individuals to whom the disregards under
par. (a) 4. and
4m. apply, rather than the disregard under
subd. 1., as a control group for all or part of the period during which the waiver is in effect.
49.19(5)(am)2.
2. The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the earned income disregards in
subd. 1. Subdivision 1. does not apply unless a federal waiver is in effect. If a waiver is received, the department shall implement
subd. 1. no later than the first day of the 6th month beginning after the waiver is approved.
49.19(5)(as)
(as) The department shall request, but may not implement, a waiver from the secretary of the federal department of health and human services to establish an earned income disregard that is equal to the first $200 of earned income plus 50% of the remaining earned income, instead of the amount under
par. (a) or
(am), and that is not reduced after a specified period. The department shall request the waiver no later than September 1, 1992.
49.19(5)(b)
(b) Such family budget shall be based on a standard budget, including the parents or other person who may be found eligible to receive aid under this section.
49.19(5)(c)
(c) The aid allowed under this subsection may be given in the form of supplies or commodities or vouchers for the same, in lieu of money, as a type of remedial care authorized under
sub. (1) (c), whenever the giving of aid in such form is deemed advisable by the director of the county department under
s. 46.215,
46.22 or
46.23 dispensing such aid as a means either of attempting to rehabilitate a particular person having the care and custody of any such children or of preventing the misuse or mismanagement by such person of aid in the form of money payments.
49.19(5)(ce)
(ce) At the request of a recipient of aid under this section, the department shall provide the portion of the grant equal to the amount of the recipient's rent to the recipient's landlord in the form of a rent voucher or by an alternative payment method.
49.19(5)(cm)1.1. In this paragraph, "direct payment" means a check which is drawn in favor of the landlord of a recipient of aid under this section.
49.19(5)(cm)2.
2. A direct payment shall be made whenever a recipient of aid under this section has failed to pay rent to the landlord for 2 months or more, unless the failure to pay rent is authorized by law.
49.19(5)(cm)3.
3. If a landlord reports to a county department under
s. 46.215,
46.22 or
46.23 that a recipient has failed to pay rent for 2 or more months, the county department shall do all of the following:
49.19(5)(cm)3.c.
c. If it determines that the conditions for issuing a direct payment under
subd. 2. are met, inform the recipient of the right to a fair hearing on the issue of whether direct payment of rent should be made and inform the department of health and family services of its determination.
49.19(5)(cm)3.d.
d. If it determines that direct payments should not be made, inform the recipient and the landlord of that determination.
49.19(5)(cm)4.
4. When it has been determined that a direct payment of rent should be made, the department of health and family services shall issue the recipient's monthly grant in 2 checks, a direct payment for the amount of the rent and a check drawn in favor of the recipient for the balance of the grant amount.
49.19(5)(cm)5.
5. The county department shall review each case in which a direct payment is being made at least once every 12 months and whenever a recipient reports that a condition under
subd. 6. for the cessation of direct payments exists.
49.19(5)(cm)6.
6. The county department shall inform the department of health and family services, and the department of health and family services shall cease making a direct payment, when the county department determines that any of the following conditions exists:
49.19(5)(cm)6.b.
b. The recipient has reimbursed the landlord for all back rent owed.
49.19(5)(cm)7.
7. The department shall promulgate rules for the administration of this paragraph.
49.19(5)(d)
(d) The department shall reimburse the county for the funeral, burial and cemetery expenses of a dependent child or the child's parents as provided in
s. 49.30.
49.19(5)(e)
(e) No aid may continue longer than 6 months without reinvestigation, except that the department may provide that in certain cases or groups of cases aid may continue up to 12 months without reinvestigation. The county department under
s. 46.215,
46.22 or
46.23 may conduct a reinvestigation of a case whenever there is reason to believe circumstances have changed. The county department shall submit information concerning reinvestigations, at such times and in such form as the department requires.
49.19(5)(f)
(f) This subsection does not prohibit such public assistance as may legitimately accrue directly to persons other than the beneficiaries of this section who may reside in the same household.
49.19(6)
(6) The county department under
s. 46.215,
46.22 or
46.23 may require the child's parent to do such remunerative work as in its judgment can be done without detriment to the parent's health or the neglect of the children or the home; and may prescribe the hours during which the parent may be required to work outside of the home.
49.19(7)
(7) The county board shall annually appropriate a sum of money sufficient to carry out the provisions of this section. The county treasurer shall pay out the amounts ordered paid under this section.
49.19(9)
(9) If the head of a family is a veteran, as defined in
s. 45.37 (1a), and is hospitalized or institutionalized because of disabilities in a county other than that of his or her residence or settlement at time of admission, aid shall be granted to the dependent children of the veteran by the county wherein the head of the family had his or her residence or settlement at the time of admission so long as he or she remains hospitalized or institutionalized.
49.19(10)(a)(a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under
s. 48.62, 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 or in a group home licensed under
s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under
s. 46.495 (2) and the percentage rate of participation set forth in
s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under
s. 46.215 or
46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
49.19(10)(b)
(b) Aid under this section may also be granted on behalf of a child in the legal custody of a county department under
s. 46.215,
46.22 or
46.23 or on behalf of a child who was removed from the home of a relative specified in
sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child-caring institution by the county department. Reimbursement shall be made by the state pursuant to
par. (a).
49.19(10)(c)
(c) Reimbursement under
par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home or child-caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under
s. 46.215,
46.22 or
46.23 or if the child was removed from the home of a relative specified in
sub. (1) (a) as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department.
49.19(10)(d)
(d) Aid may also be paid under this section to a foster home or treatment foster home, to a group home licensed under
s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in
sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.
49.19(10)(e)
(e) Notwithstanding
pars. (a),
(c) and
(d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home or child-caring institution by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under
s. 48.625.
49.19(11)(a)1.a.a. Except as provided in
subs. (11m) and
(11s), monthly payments made under
s. 20.445 (3) (d) and
(p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under
subds. 2. and
4. plus the following standards of assistance beginning on September 1, 1987:
-
See PDF for table 
49.19(11)(a)1.c.
c. Grants shall vary in 2 areas which shall be groups of counties designated by the department based on variation in shelter cost.
49.19(11)(a)2.
2. A monthly allowance of $25 per person for each additional member in the family above 10 shall be added to the standard of assistance specified under
subd. 1. a.
49.19(11)(a)3.
3. In determining family size only those who are eligible for assistance shall be included.
49.19(11)(a)4.
4. In accordance with
s. 49.19 (4) (g), a monthly allowance of $71 for each person in the family who qualifies for a payment under
s. 49.19 (4) (g) shall be added to the standard of assistance specified under
subd. 1. a.
49.19(11)(a)6.
6. All payments that are not whole dollar amounts shall be rounded down to the nearest whole dollar.
49.19(11)(a)7.
7. The department may not make a payment for a month if the amount of the payment would be less than $10.
49.19(11g)
(11g) When the department submits a copy of the reevaluation of the need standard and payment standard under
sub. (11) (a), as required by
42 USC 602 (h), the department shall submit a copy of that reevaluation to the chief clerk of each house of the legislature for distribution to the legislature in the manner provided under
s. 13.172 (3).
49.19(11m)(a)(a) The department shall apply to the secretary of the federal department of health and human services for approval of a demonstration project under which the department provides a person eligible for aid under this section who is described in
par. (am) with monthly payments, for the first 6 months that he or she lives in this state, calculated on the basis of the aid to families with dependent children benefit level in the state in which the family most recently resided for one month or longer. The department shall promulgate a rule establishing the methods and identifying the factors that the department will use to determine the aid to families with dependent children benefit that will be paid under the demonstration project according to family size and state of former residence. The rule shall also establish the initial benefit table to be used in determining benefits under the demonstration project. The department shall publish annual changes to this benefit table in the Wisconsin administrative register. The department shall base the benefit for a family on the aid to families with dependent children benefit available to a typical family of the same size in the other state, taking into account all factors that may affect the amount of the benefit. If a family moves from a state that allows a family to keep a different amount of income without reducing benefits than a family would be allowed to keep in this state, the department shall allow the family to keep a similar amount of income without reducing benefits.
49.19(11m)(am)
(am) Under the demonstration project, a person is subject to receiving the payments under
par. (a) if he or she has not previously resided in this state for at least 6 consecutive months and either:
49.19(11m)(am)1.
1. Applies for benefits more than 90 days but fewer than 180 days after moving to this state and is unable to demonstrate to the satisfaction of the county department of social services or human services that he or she was employed for at least 13 weeks after moving to this state; or
49.19(11m)(am)2.
2. Applies for benefits within 90 days after moving to this state.
49.19(11m)(b)
(b) If approval under
par. (a) is granted and if the supreme court determines, within 9 months after the department notifies the attorney general that the approval has been granted, that the demonstration project does not violate either the state constitution or the
U.S. constitution or the supreme court does not make a decision on the constitutionality of the demonstration project within that time, the department shall implement the demonstration project. The department may conduct the demonstration project for a period not to exceed 36 months. The department may not start the demonstration project before a computerized system for determining the amount of benefits payable to recipients under the demonstration project is complete.
49.19(11m)(c)
(c) Subject to
pars. (b) and
(d), the department shall conduct the demonstration project in Kenosha county, Milwaukee county, Racine county and up to 3 other counties. If the department does not initially select Rock county as one of the other counties and if one of the counties specified in this paragraph or initially selected by the department enacts an ordinance or adopts a resolution under
par. (d), the department shall give Rock county priority for consideration as a replacement county.
49.19(11m)(d)
(d) The department may not conduct the demonstration project in a county if the county enacts an ordinance or adopts a resolution objecting to participating in the demonstration project.
49.19(11m)(e)
(e) If the department conducts the demonstration project, the department shall enter into a contract with the legislative audit bureau under which the legislative audit bureau will contract with a private or public agency for the performance of an evaluation of the demonstration project, including whether the demonstration project deters persons from moving to this state, and will submit the evaluation of the demonstration project to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
49.19(11s)(a)(a) The department shall conduct a demonstration project under this subsection pursuant to a waiver from the secretary of the federal department of health and human services beginning on January 1, 1996. To the extent permitted in the waiver, the department may apply
pars. (b) to
(d) to all recipients of aid under this section or to a test group of recipients of aid under this section determined by the department.
Paragraphs (b) to
(d) do not apply to persons who are subject to
s. 49.25 and shall apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.
49.19(11s)(b)
(b) In determining the payment amount under
sub. (11) (a), a child born into a family more than 10 months after the date that the family was first determined to be eligible for assistance under this section shall not be considered in determining family size unless at least one of the following conditions is met:
49.19(11s)(b)1.
1. The family did not receive benefits under this section for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the family resumed receiving benefits under this section after that period.
49.19(11s)(b)2.
2. The child was conceived as a result of a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of
s. 944.06 or
948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
49.19(11s)(b)3.
3. The child's mother is a dependent child at the time of the child's birth and the child is born as a result of the mother's first pregnancy that resulted in a live birth.
49.19(11s)(b)4.
4. The child does not reside with his or her biological mother or father.
49.19(11s)(b)5.
5. The family or child meets the criteria for an exemption from the application of this paragraph under a rule promulgated by the department.
49.19(11s)(c)
(c) The department shall inform all applicants for aid under this section of the limitation under
par. (b) at the time of application.
49.19(11s)(d)
(d) From the appropriation under
s. 20.435 (4) (a) [20.445 (3) (a)], the department may award grants to county departments under
ss. 46.215,
46.22 and
46.23 for providing family planning education services to persons who are subject to
par. (b).
49.19 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 27 renumbered s. 20.435 (4) (a) to be 20.445 (3) (a). Corrective legislation is pending.
49.19(13)
(13) When a county department under
s. 46.215,
46.22 or
46.23 proposes to terminate, discontinue, suspend or reduce assistance to a recipient under this section such county department shall provide at least the minimum notice required under
42 USC 601 to
613.
49.19(14)(a)(a) If any check or draft drawn and issued for payment of aid under this section is lost, stolen or destroyed, the department shall request a replacement as provided under
s. 20.912 (5).
49.19(14)(b)
(b) If the state treasurer is unable to issue a replacement check or draft requested under
par. (a) because the original has been paid, the department shall promptly authorize the issuance of a replacement check or draft. If the state treasurer recovers the amount of the original check or draft that amount shall be returned to the department. If the state treasurer is unable to obtain recovery, the department may pursue recovery.
49.19(15)
(15) By January 1, 1990, the department shall apply for approval of a demonstration project under
42 USC 1315 (d) (1) (A) which would test and evaluate the elimination, on a statewide basis, of the limit on the number of hours a parent may work and still be considered unemployed for purposes of eligibility for aid under this section. If the application is approved, the department shall inform the joint committee on finance. The department may implement the demonstration project only if the joint committee on finance approves the demonstration project.
49.19(16)
(16) The department shall provide written notice of the penalties under
s. 49.29 to each applicant for aid under this section at the time of application and to each person who receives aid under this section on June 18, 1992, at the time of the next redetermination of the person's eligibility.
49.19(17)
(17) The department may recover an overpayment of aid under this section from an overpaid family who continues to receive aid by reducing the amount of the family's monthly aid payment by no more than 10% of the maximum monthly payment allowance under
sub. (11) for a family of that size.
49.19(19)
(19) The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to determine eligibility and payment amounts under this section for a woman entrepreneur who receives a start-up or capital expansion loan through the revolving loan program operated by the women's business initiative corporation without consideration of that loan or of any business income during the start-up period of the woman's business. If the waiver is approved, the department shall implement the waiver.
49.19(20)(a)(a) Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than the enactment of this paragraph, is required to be given under
sub. (13) to recipients of aid under this section to terminate their benefits under this paragraph.
49.19(20)(b)1.1. The department shall request a waiver from the secretary of the federal department of health and human services to allow the application of
subd. 2. Subdivision 2. does not apply unless a waiver under this subdivision is granted and in effect.
49.19(20)(b)2.a.
a. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1997, or the first reinvestigation under
sub. (5) (e) occurring after June 30, 1996, whichever is earlier.
49.19(20)(b)2.b.
b. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1996.
49.19 History
History: 1971 c. 125,
215,
217;
1973 c. 90,
147,
186,
328,
333;
1975 c. 39,
82,
94,
224,
307,
422;
1977 c. 29,
203,
271,
418,
449;
1979 c. 32 s.
92 (4);
1979 c. 34,
206,
221,
352;
1981 c. 1,
20,
93,
314,
317,
391;
1983 a. 27,
161,
192,
245,
310,
430,
447;
1985 a. 29,
120,
176,
281,
332;
1987 a. 27,
307,
399;
1989 a. 31,
107,
122,
359;
1991 a. 39,
178,
269,
313,
315,
316,
322;
1993 a. 16,
99,
326,
395,
437,
446,
481;
1995 a. 12;
1995 a. 27 ss.
2852 to
2871,
9126 (19);
1995 a. 77,
198,
225,
289,
295.
49.19 Annotation
A mother receiving aid to dependent children is herself receiving aid so as to support a prosecution under 49.12 for failing to report a change in circumstances within 7 days. Weber v. State, 59 W (2d) 371, 208 NW (2d) 396.
49.19 Annotation
AFDC recipient whose need is both temporary and extraordinary may be entitled to general relief. See note to 49.01, citing State ex rel. Tiner v. Milwaukee County, 81 W (2d) 277, 260 NW (2d) 393.
49.19 Annotation
State may not deny aid to person eligible under federal standards unless Congress has clearly indicated that supplementary state restrictions are permissive. Woodman v. HSS Dept. 101 W (2d) 315, 304 NW (2d) 723 (1981).
49.19 Annotation
The assignment to the state of child support by AFDC recipients under s. 49.19 (5) does not prevent a trial court acting under s. 767.51 (5) from giving the father credit for amounts actually contributed for support prior to the entry of an order even though the credit results in there being no payments owing from the father from which AFDC payments made during the same period can be recovered. Paternity of Cheyenne D.L. 181 W (2d) 868, 112 NW (2d) 522 (Ct. App. 1994).
49.19 Annotation
An AFDC budget must be computed on the basis of actual income. 60 Atty. Gen. 431.
49.19 Annotation
Sub. (6) has not been affected by amendments to the work incentive program, nor does it violate equal protection provisions of the Fourteenth Amendment. 62 Atty. Gen. 120.
49.19 Annotation
"Dependent child" under AFDC does not include unborn children. Burns v. Alcala, 420 US 575.
