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.
49.19 Annotation
See note to Art. I, sec. 1, citing Alvarado v. Schmidt, 317 F Supp. 1027.
49.19 Annotation
Various provisions of sub. (4) (d) are invalid as inconsistent with the Social Security Act. Doe v. Schmidt, 330 F Supp. 159.
49.19 Annotation
Unconstitutional conditions on welfare eligibility. Redlich, 1970 WLR 450.
49.19 Annotation
Procedural due process and the welfare recipient: A statistical study of AFDC fair hearings in Wisconsin. Hammer and Hartley, 1978 WLR 145.
49.191
49.191
Aid to families with dependent children child care funding. 49.191(1)(1)
Child care funds for certain recipients of aid to families with dependent children. 49.191(1)(b)(b) Within the limits of funds available under
s. 20.445 (3) (cn),
(jg) and
(na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under
s. 49.19 (5) (a) and child care costs incurred before the child care disregard under
s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d).
49.191(2)
(2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under
s. 49.132 (4) (d),
(dg) or
(dm), whichever is applicable, or, if a higher rate is established under
s. 49.132 (4) (e) and if the child care services meet the quality standards established under
s. 49.132 (4) (e), the rates for child care services under this subsection that meet those standards shall be determined under
s. 49.132 (4) (e). The department shall promulgate rules for the disbursement of funds under this subsection. This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d).
49.191(3)
(3) Administration of child care funds under the aid to families with dependent children program. 49.191(3)(a)(a) County departments under
ss. 46.215,
46.22 and
46.23 shall administer the funds appropriated for the purpose of providing child care under
subs. (1) and
(2) for recipients and former recipients of aid under
s. 49.19 and under
s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under
ss. 46.215,
46.22 and
46.23 for the purposes of this paragraph.
49.191(3)(b)
(b) Beginning on January 1, 1994, a county department under
s. 46.215,
46.22 or
46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under
sub. (1) or
s. 49.193 (8) using funds allocated under
par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.
49.191(4)
(4) Child care expenditure information. The department shall collect information on expenditures for child care for individuals participating in the employment and training programs under this section.
49.193
49.193
Job opportunities and basic skills program. 49.193(1)(a)(a) The department shall submit a plan that meets the requirements under
42 USC 682 (a) to the federal secretary of health and human services. If the plan is approved, the department shall administer a job opportunities and basic skills program under
42 USC 682 (a) to provide employment and training and educational and supportive services to assist recipients of aid under
s. 49.19 in obtaining gainful employment.
49.193(1)(b)1.1. The department shall administer the program under this section directly or through a contract with an agency in each county or in groups of counties or through contracts with federally recognized American Indian tribes or bands. If upon reviewing the performance of an agency administering the program the department determines that the agency is not complying with the terms of the contract or if an agency wishes to terminate its responsibility to administer the program, the department shall terminate the contract and contract with another agency.
49.193(1)(b)2.
2. Notwithstanding
s. 16.75 (1) and
(2m), the department may contract with a public or private agency selected by the department without competitive bidding or competitive sealed proposals, to administer the program under this section in a county with a population of 500,000 or more.
49.193(1)(c)
(c) The department shall coordinate the program under this section with the programs of the department of administration, the department of industry, labor and job development, the department of commerce, the department of education and the technical college system board and with programs operated under the job training partnership act,
29 USC 1501 to
1791j.
49.193 Note
NOTE: Par. (c) is shown as amended by
1995 Wis. Act 27. The treatment of this provision by
1995 Wis. Act 27, s.
9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27, s. 9145 (1), it read:
Effective date text
(c) The department shall coordinate the program under this section with the programs of the department of administration, the department of industry, labor and job development, the department of commerce, the department of public instruction and the technical college system board and with programs operated under the job training partnership act, 29 USC 1501 to 1791j.
49.193(1)(d)
(d) The department shall ensure that records of the number of participants in the program under this section and of the number of job placements made are kept according to gender and according to whether or not the participant is eligible under
s. 49.19 (4) (dm).
49.193(1)(e)
(e) The department shall pay the portion of the costs of the services provided under this section that is not paid by the federal government. The department shall, to the extent possible, use available in-kind services to provide that nonfederal share of the costs of this program.
49.193(2)(a)(a) Except as provided in
par. (am), the department shall ensure that all persons required under
42 USC 602 (a) (19) and
42 USC 681 to
687 to participate in a job opportunities and basic skills training program participate in the program under this section. In addition, the department shall require a parent or other caretaker relative of a child who is at least one year of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation in the program for a reason other than being a parent or other caretaker of a child under 3 years of age.
49.193(2)(am)1.1. The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of
subd. 2. If a waiver is granted and in effect, the department shall implement
subd. 2. no later than the first day of the 2nd month beginning after the waiver is approved.
49.193(2)(am)2.
2. If a waiver is granted and in effect, the department shall require a parent or other caretaker relative of a child who is at least 12 weeks of age to participate in the program under this section on a full-time basis, unless the parent or other caretaker relative is exempt from participation for a reason other than being a parent or other caretaker of a child under 3 years of age.
49.193(2)(b)
(b) The department shall give priority for receipt of services under this section to a person who is any of the following:
49.193(2)(b)1.
1. A recipient of aid under
s. 49.19 who has received aid for any 36 of the preceding 60 months.
49.193(2)(b)2.
2. A custodial parent under the age of 24 who has not graduated from a public or private high school or obtained a declaration of equivalency of high school graduation under
s. 115.29 (4) and who, at the time of application for aid under
s. 49.19, is not enrolled in school, as defined in
s. 49.26 (1) (a) 2.
49.193(2)(b)3.
3. A custodial parent under the age of 24 who had little or no work experience in the year before applying for aid under
s. 49.19.
49.193(2)(b)4.
4. A member of a family in which the youngest child is within 2 years of being ineligible for aid under
s. 49.19 because of age.
49.193(2)(b)5.
5. Another long-term or potentially long-term recipient of aid under
s. 49.19, as determined by the department.
49.193(2)(d)
(d) Following the development of an employability plan under
sub. (4) (c) for a participant, the agency administering the program under this section shall assign the participant to one or more activities that are appropriate for the person in accordance with
42 USC 684 (a). The agency shall ensure that a participant receives appropriate supportive services.
49.193(3)
(3) Information. The department shall, directly or by contract, do all of the following:
49.193(3)(a)
(a) Notify applicants for and recipients of aid under
s. 49.19 of the availability of employment and training activities and supportive services.
49.193(3)(b)
(b) Inform recipients of aid under
s. 49.19 of the opportunity to indicate a desire to participate in the program under this section.
49.193(3)(c)
(c) Inform persons required to participate in the program under this section of the sanctions for failing, without good cause, to participate in the program, for failing, without good cause, to accept employment and for terminating employment or reducing earnings without good cause.
49.193(3)(d)
(d) Provide information concerning the program under this section to a person who does not speak English in a language that the person understands.
49.193(3m)
(3m) Orientation and job search requirement. 49.193(3m)(a)(a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of
pars. (b) to
(e) beginning on the date specified in the waiver. The waiver may not request the application of
pars. (b) to
(e) before January 1, 1996. The waiver may request permission to apply
pars. (b) to
(e) to all applicants for aid under
s. 49.19 or to a test group of these applicants determined by the department.
Paragraphs (b) to
(e) apply only while a waiver under this paragraph is in effect and only with respect to applicants covered by the waiver.
49.193(3m)(b)
(b) The department may not provide aid under
s. 49.19 to any applicant who is subject to the requirements under
par. (c) or
(d) and who is not exempt under
par. (e), until the applicant has provided verification, in a form to be specified by the department by rule, that he or she has complied with these requirements.
49.193(3m)(c)
(c) The department may require any adult applicant for aid under
s. 49.19 to attend one or more orientation sessions offered during the 30-day period beginning on the date that the caretaker relative applies for aid under
s. 49.19. Orientation sessions offered under this paragraph shall emphasize self-sufficiency and shall encourage applicants to consider alternatives to aid under
s. 49.19. The department may not require an applicant for aid who would be subject to the school attendance requirement under
s. 49.50 (7) (g) [49.26 (1) (g)] to attend an orientation session under this paragraph at a time that would conflict with school attendance.
49.193 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be 49.26 (1) (g). Corrective legislation is pending.
49.193(3m)(d)
(d) The department may require any adult applicant for aid under
s. 49.19 who is required to participate in the program under this section to participate in job search activities under this paragraph. The department may require participation in not more than 30 days of job search activities under this paragraph. The department may not require an applicant for aid who would be subject to the school attendance requirement under
s. 49.50 (7) (g) [49.26 (1) (g)] to participate in any job search activity under this paragraph at a time that would conflict with school attendance.
49.193 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be 49.26 (1) (g). Corrective legislation is pending.
49.193(3m)(e)
(e) The agency administering the program under this section may exempt an applicant for aid under
s. 49.19 from any requirement under
pars. (c) and
(d) if the agency determines that the applicant would not benefit from complying with the requirement. The department shall promulgate rules establishing standards to be used by agencies administering the program under this section in making determinations under this paragraph.
49.193(4)
(4) Components. The department shall ensure that the program under this section includes all of the following:
49.193(4)(b)
(b) Assessment of each participant's employability based on skills, work experience, needs for educational and supportive services and a review of the family circumstances.
49.193(4)(c)
(c) Development of an employability plan for each participant.
49.193(4)(j)
(j) Educational activities which may include payment for or referral to any of the following:
49.193(4)(j)3.
3. Education for individuals with limited English proficiency.
49.193(4)(j)4.
4. Postsecondary education and vocational skills training for individuals who, as of December 1, 1995, are enrolled in postsecondary education or vocational skills training under this subdivision and are participating satisfactorily as determined by the agency administering the job opportunities and basic skills program. This subdivision does not apply after June 30, 1997.
49.193(4)(j)6.
6. Parenting skills training for parents under the age of 20.
49.193(4)(k)
(k) Supportive services which may include any of the following:
49.193(4)(k)1m.
1m. Alcohol and other drug abuse prevention, assessment and treatment programs.
