49.148 Note
NOTE: There is no s. 49.148 (2).
49.148(1)(b)2.
2. For a participant in a community service job under
s. 49.147 (4) (c), minimum wage for every hour actually worked in the community service job, not to exceed 15 hours per week, paid by the employer, as defined in
s. 49.147 (4) (c) 1.
Effective date note
NOTE: Par. (b) is shown as affected eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(b) Community service jobs. For a participant in a community service job, a monthly grant of $673, paid by the Wisconsin works agency or by the department under sub. (2). For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in s. 49.147 (1) (c), the grant amount under this paragraph may be reduced by an amount equal to the product of $5.15 and the difference between 30 and the number of hours the participant is required to work.
49.148(1)(c)
(c)
Transitional placements. For a participant in a transitional placement, a grant of $628, paid monthly by the Wisconsin works agency or by the department under
sub. (2). For every hour that the participant fails to participate in any required activity without good cause, including any activity under
s. 49.147 (5) (b) 1. a. to
e., the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.
49.148 Note
NOTE: There is no s. 49.148 (2).
49.148(1m)(a)(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under
s. 49.145 (2) and
(3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in
s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under
s. 49.145 (2) (n) or
49.147 (3) (c),
(4) (b) 2. or
(c) 4. or
(5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.
49.148(1m)(b)
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under
ss. 49.145 (2) (n) and
49.147 (3) (c),
(4) (b) 2. or
(c) 4. or
(5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position unless 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.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless 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.
49.148(4)(a)(a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the presanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this paragraph.
49.148(4)(b)
(b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under
par. (a) to participate in a drug abuse evaluation, assessment and treatment program as part of the participation requirement under
s. 49.147 (4) (as) or (5) (bs).
49.148(4)(c)
(c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.
49.148 History
History: 1995 a. 289;
1997 a. 27.
49.149
49.149
Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:
49.149(1)
(1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.
49.149(3)
(3) Encourage employers to make training sites available on the business site for participants.
49.149(4)
(4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under
subch. VI of ch. 560.
49.149 History
History: 1995 a. 289.
49.15
49.15
Wisconsin works; 2-parent families. 49.15(1)
(1)
Definition. In this section, "other parent" means a parent who is not a participant in a Wisconsin works employment position.
49.15(2)
(2) Requirements for nonparticipant parent. 49.15(2)(a)(a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under
sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under
sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in
sub. (3) during that week.
49.15(2)(b)
(b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.
49.15(3)
(3) Prescribed work activities. An individual who is subject to the work requirement under
sub. (2) may satisfy the requirement only by participating in any of the following activities:
49.15 Note
NOTE: Section 49.147 (1) (a) was renumbered 49.147 (1) (c) by
1997 Act 27.
49.15(3)(b)
(b) Subsidized employment, as defined by the department.
49.15(3)(c)
(c) If sufficient private sector employment is not available, work experience, as defined by the department.
49.15(3)(d)
(d) On-the-job training, as defined by the department.
49.15(3)(e)
(e) A community service program, as defined by the department.
49.15 History
History: 1997 a. 27.
49.151
49.151
Wisconsin works; sanctions. 49.151(1)
(1)
Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin works group is subject to the work requirement under
s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under
s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:
49.151(1)(a)
(a) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.
49.151(1)(b)
(b) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, the participant fails to appear for an assigned activity, including an activity under
s. 49.147 (5) (b) 1. a. to
e., without good cause, as determined by the Wisconsin works agency.
49.151(1)(c)
(c) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.
49.151(1)(d)
(d) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), loses employment as a result of being discharged for cause.
49.151(1)(e)
(e) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.
49.151(2)
(2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under
ss. 49.141 to
49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in
ss. 49.141 to
49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under
ss. 49.141 to
49.161 to the individual.
49.151 History
History: 1995 a. 289;
1997 a. 27.
49.152
49.152
Review of agency decisions. 49.152(1)
(1)
Petition for review. Any individual whose application for any component of Wisconsin works is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
49.152(2)(a)(a) Upon a timely petition under
sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
49.152(2)(a)2.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
49.152(2)(b)
(b) The department may review a decision of a Wisconsin works agency under
par. (a) if any of the following occurs:
49.152(2)(b)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.
49.152(2)(b)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(c)
(c) The department shall review a Wisconsin works agency's decision to deny an application based solely on a determination of financial ineligibility if any of the following occurs:
49.152(2)(c)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.
49.152(2)(c)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(d)
(d) If the department reviews a decision under
par. (b) and upon receipt of a petition or request under
par. (c) the department may make any additional investigation that it considers necessary. The department shall render its decision as soon as possible and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition or shall refuse to grant relief if the applicant or participant withdraws the petition in writing.
49.152(3)(a)(a) If, following review under
sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under
s. 49.148 beginning on the date on which the individual begins participation under
s. 49.147.
49.152(3)(b)
(b) If, following review under
sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.
49.152 History
History: 1995 a. 289;
1997 a. 27.
49.155
49.155
Wisconsin works; child care subsidy. 49.155(1)(c)
(c) Notwithstanding
s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.155(1d)(a)(a) The department shall promulgate rules establishing standards for the certification of child care providers under
s. 48.651. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a requirement for training for providers.
49.155(1d)(b)
(b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under
s. 48.65 or for certification under
s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
49.155(1g)
(1g) Distribution of funds. Subject to
sub. (1j) and
s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, do all of the following:
49.155(1g)(b)
(b) From the appropriation under
s. 20.445 (3) (mc), distribute $4,315,000 in fiscal year 1997-98 and $4,315,000 in fiscal year 1998-99 for the purposes of providing technical assistance for child care providers and of administering the child care program under this section and for grants under
s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, for grants under
s. 49.134 (2) for child day care resource and referral services, for grants under
s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under
sub. (1d), and for a system of rates or a program of grants, as provided under
sub. (1d), to reimburse child care providers that meet those quality of care standards and for grants under
s. 49.137 (2) and contracts under
s. 49.137 (4) to improve the quality of child day care services in this state.
49.155(1g)(c)
(c) From the appropriation under
s. 20.445 (3) (mc) transfer $1,687,400 in fiscal year 1997-98 and $1,687,400 in fiscal year 1998-99 to the appropriation under
s. 20.435 (6) (kx) for the purpose of day care center licensing under
s. 48.65.
49.155(1j)
(1j) Unanticipated federal funds. If the department receives unanticipated federal child care and development block grant funds under
42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in
sub. (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding any allocation limit under
sub. (1g). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
sub. (1g), only with the approval of the committee.
49.155(1m)
(1m) Eligibility. A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 if the individual meets all of the following conditions:
49.155(1m)(a)
(a) The individual is a parent of a child who is under the age of 13, or is a person who, under
s. 48.57 (3m) or
(3n), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:
49.155(1m)(a)1m.
1m. Obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under
s. 49.26 (1) (ge) and at least one of the following conditions is met:
49.155(1m)(a)1m.b.
b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under
s. 48.57 (3m) or with a long-term kinship care relative under
s. 48.57 (3n) or is in a foster home or treatment foster home licensed under
s. 48.62, a group home or an independent living arrangement supervised by an adult.
49.155(1m)(a)2.
2. Work in an unsubsidized job, including training provided by an employer during the regular hours of employment.
Effective date note
NOTE: Subd. 3. is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).
49.155(1m)(a)3m.
3m. Participate in a job search or work experience component of the food stamp employment and training program under
s. 49.124 (1m).
49.155(1m)(a)4.
4. Participate in other employment skills training, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; a course of study meeting the standards established by the state superintendent of public instruction under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain or maintain employment; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to two years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:
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.
