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.
49.155(1m)(b)
(b) Except as provided in
par. (bm), the individual meets the eligibility criteria under all of the following:
49.155(1m)(bm)
(bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under
s. 48.57 (3m), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under
s. 49.145 (2) (c).
49.155(1m)(c)1.
1. 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 or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% 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)(c)1g.
1g. The individual is a foster parent of the child and the child's biological or adoptive family meets the asset limit under
s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. to
3.
49.155(1m)(c)1h.
1h. The individual is a relative of the child, is providing care for the child under a court order and is receiving payments under
s. 48.57 (3m) on behalf of the child and the child's biological or adoptive family meets the asset limit under
s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. to
3.
49.155(1m)(c)1m.
1m. The individual was eligible under s.
49.132 (4) (a), 1995 stats., for aid under s.
49.132, 1995 stats., and received aid under s.
49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s.
49.132 (6), 1995 stats., and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.
49.155(1m)(c)2.
2. The individual was eligible under s.
49.132 (4) (am), 1995 stats., for aid under s.
49.132, 1995 stats., and received aid under s.
49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
49.155(1m)(c)3.
3. The individual was eligible for a child care subsidy under
s. 49.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
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(3m)
(3m) Distribution of child care funds to counties and certain child care providers. 49.155(3m)(a)(a) The department shall reimburse child care providers or shall distribute funds to county departments under
s. 46.215,
46.22 or
46.23 for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers.
49.155(3m)(b)
(b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed under
par. (a) may be used for the costs of administering the program under this section.
49.155(3m)(c)
(c) From the funds distributed under
par. (a), a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.
49.155(3m)(d)
(d) No funds distributed under
par. (a) may be used to provide care for a child by a person who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.
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) Subject to review and approval by the department, each county shall establish the maximum reimbursement rate for licensed child care services provided under this section. A county 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 that county can be purchased at or below that maximum rate.
49.155(6)(b)
(b) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level I certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under
par. (a).
49.155(6)(c)
(c) Subject to review and approval by the department, each county shall set a maximum reimbursement rate for Level II certified family day care providers for services provided to eligible individuals under this section. 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 promulgate rules to establish a system of rates or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under
sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under
pars. (a) to
(c).
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.
49.157
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, as defined in
s. 253.07 (1) (b), 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;
1997 a. 27.
49.161
49.161
Wisconsin works; overpayments. 49.161(1)
(1)
Trial jobs and wage-paying community service jobs overpayments. Notwithstanding
s. 49.96, the department shall recover an overpayment of benefits paid under
s. 49.148 (1) (a) and
(b) 2. from an individual who receives or has received benefits paid under
s. 49.148 (1) (a) or
(b) 2. 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.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
Effective date text
(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) Grant-paying 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) 1. and
(c) from an individual who continues to receive benefits under
s. 49.148 (1) (b) 1. and
(c) by reducing the amount of the individual's benefit payment by no more than 10%.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-99 by
1997 Wis. Act 27. Prior to 2-1-99 it reads:
