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.
49.193(4)(m)
(m) Evaluation of the employment status of participants at 2 intervals following the start of employment, the first no sooner than 30 days and the 2nd no sooner than 6 months and no later than one year following the start of employment.
49.193(4m)
(4m) Alcohol and other drug abuse prevention and treatment program. The department may require participation in an alcohol and other drug abuse assessment, prevention and treatment program to fulfill employment and training requirements described in this section.
49.193(5)(a)(a) The department shall establish a work supplementation component in an area in which a development zone, development opportunity zone or enterprise development zone is designated under
subch. VI of ch. 560, upon the request of the local governing body, as defined in
s. 560.70 (4), of the area.
49.193(5)(b)
(b) Upon notification from the department of commerce under
s. 560.75 (11),
560.795 (3) (e) or
560.797 (4) (e) that a development zone, development opportunity zone or enterprise development zone has been designated, the department shall do all of the following:
49.193(5)(b)1.
1. Provide the department of commerce with information about whether a work supplementation component is established in the area where the development zone, development opportunity zone or enterprise development zone is located.
49.193(5)(b)2.
2. If a work supplementation component has been established in an area where the development zone, development opportunity zone or enterprise development zone is located, provide information about how the work supplementation component is administered.
49.193(5)(b)3.
3. With the department of commerce and the local governing body of the area, help employers in the development zone, development opportunity zone or enterprise development zone to participate in the work supplementation component.
49.193(6)(a)(a) A participant in a community work experience component operated by an agency administering the program under this section is considered an employe of that agency for purposes of worker's compensation benefits, except to the extent that the person for whom the participant is performing work agrees to provide worker's compensation coverage or the administrative agency delegates, by contract, the responsibility to provide that coverage to the person administering the community work experience component.
49.193(6)(b)
(b) A community work experience component may not be operated so as to fill an established vacant position or supplant a regular employe of any governmental unit.
49.193(6)(c)
(c) Except as provided in
par. (e), no person may be required to work more than 32 hours per week in a community work experience component. No person may be required to work more than 16 weeks in a component under this subsection during a 12-month period, except that a person who is eligible for aid under
s. 49.19 (4) (dm) may be required to work for more than 16 weeks in a component under this subsection in order to comply with
45 CFR 250.33.
49.193(6)(d)
(d) The department shall ensure that a person's participation in a community work experience component is reassessed as required in
42 USC 682 (f) (2) and that job search and other activities related to employment under the program under this section receive priority over participation in a community work experience component.
49.193(6)(e)
(e) The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to require a person to work, without regard to the person's grant amount under
s. 49.19, not more than 40 hours per week in a community work experience component and not more than 6 months in a component under this subsection during a 12-month period. If the waiver is granted and in effect, the department may require a person to work not more than 40 hours per week in a community work experience component. If a waiver is granted and in effect, the department may require a person to work not more than 6 months in a component under this subsection during a 12-month period, except that the department may require a person who is eligible for aid under
s. 49.19 (4) (dm) to work for more than 6 months in a component under this subsection in order comply with
45 CFR 250.33.
49.193(7)
(7) Postsecondary education. The department shall, by rule, define allowable or satisfactory participation in postsecondary education and vocational skills training activities. This subsection does not apply June 30, 1997.
49.193(8)(a)(a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under
sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established 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 meets the quality standards established under
s. 49.132 (4) (e), payment or reimbursement for child care that meets those standards shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under
s. 49.132 (4) (e).
49.193(8)(b)
(b) The department shall establish procedures to ensure that an agency administering the program under this section reimburses the child care costs of a participant in the program under this section within 4 weeks after the participant submits a claim form.
49.193(8)(bm)
(bm) Beginning on January 1, 1994, a county department under
s. 46.215,
46.22 or
46.23 that receives funds to pay or reimburse child care costs under this subsection may, with the approval of the department, use those funds to pay or reimburse child care costs under
s. 49.191 (1) or
(2) or
49.26 (1) (e). The department shall approve or disapprove of this use of funds under criteria established to maximize state and federal funding available for child care.
49.193(8)(c)
(c) The department may only pay child care costs under this subsection if the child care is provided by a child care provider.
49.193(9)
(9) Notice concerning sanctions. Following conciliation and before imposing a sanction on a person receiving aid under
s. 49.19 who fails without good cause to participate in the program under this section or to accept employment or who terminates employment or reduces earnings without good cause, the county department under
s. 46.215,
46.22 or
46.23 shall notify the person in writing of the reason for the proposed sanction. The notice shall inform the person of the right to appeal under
s. 49.21 (1).
