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:
Effective date text
(2) 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) and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual's benefit payment by no more than 10%.
49.161(3)
(3) Overpayments caused by intentional program violations. If an overpayment under
sub. (1) or
(2) is the result of an intentional violation of
ss. 49.141 to
49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under
s. 49.148 (1) (a),
(b) or
(c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
49.161(3)(a)
(a) For intentional program violations resulting in an overpayment that is less than $300, 10% of the amount of the monthly benefit payment.
49.161(3)(b)
(b) For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
49.161(3)(c)
(c) For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
49.161(3)(d)
(d) For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
49.161 History
History: 1995 a. 289;
1997 a. 27.
49.175
49.175
Public assistance and local assistance funding. 49.175(1)(1)
Funds distribution. Except as provided in
sub. (2), within the limits of the appropriations under
s. 20.445 (3) (a),
(br),
(cm),
(dc),
(dz),
(e),
(em),
(jg),
(jL),
(k),
(L),
(Lm),
(mc),
(md),
(nL),
(pm) and
(ps), the department shall allocate the following amounts for the following purposes:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 1-4-99 by
1997 Wis. Act 27. Prior to 1-4-99 it reads:
Effective date text
49.175 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
49.175(1)(a)
(a)
Aid to families with dependent children. For benefits under
s. 49.19, $28,400,000 in fiscal year 1997-98.
49.175(1)(b)1.1. Except as provided in
subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99.
49.175(1)(b)2.
2. The department of revenue shall determine the amount that is required to pay claims approved under
s. 71.07 (9e) for participants under
s. 49.147 (4) (c). The department of workforce development shall subtract that amount from the allocation in
subd. 1. and transfer the amount to the appropriation under
s. 20.835 (2) (k).
Effective date note
NOTE: Par. (b) is shown as affected eff. 2-1-99 by
1997 Wis. Acts 27 and
252. Prior to 2-1-99 par. (b) reads:
Effective date text
(b) Subsidized employment. For payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99.
49.175(1)(bg)
(bg)
Long-term and refugee supplement. For payments to Wisconsin works agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year 1997-98 and $9,800,000 in fiscal year 1998-99.
49.175(1)(bm)
(bm)
Wisconsin works agency office costs. For payments to Wisconsin works agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in fiscal year 1998-99.
49.175(1)(c)
(c)
Wisconsin works agency contingency fund. For contingency payments to Wisconsin works agencies for subsidized employment and office costs to be distributed under criteria established by the department, $25,000,000 in the 1997-99 fiscal biennium.
49.175(1)(cr)
(cr)
Credit assistance. For payments to Wisconsin works agencies in 1st class cities for the provision of credit establishment and credit repair assistance to Wisconsin works participants, not more than $3,000,000 in fiscal year 1997-98 and not more than $3,000,000 in fiscal year 1998-99. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
49.175(1)(d)
(d)
Job opportunities and basic skills program. For services provided under
s. 49.193, $15,079,800 in fiscal year 1997-98.
49.175(1)(e)
(e)
County income maintenance administration. For county income maintenance administration, $6,665,600 in fiscal year 1997-98.
49.175(1)(f)
(f)
State administration of public assistance programs. For state administration of public assistance programs, $37,449,500 in fiscal year 1997-98 and $34,338,100 in fiscal year 1998-99.
49.175(1)(fs)
(fs)
Food stamps for legal immigrants. For food stamp benefits provided under
s. 49.124 (8) to qualified aliens, as defined in
8 USC1641 (b), $4,600,000 in fiscal year 1998-99. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection. This paragraph does not apply to the extent that federally funded food stamp benefits for qualified aliens are restored by the federal government.
49.175(1)(g)
(g)
Emergency assistance. For emergency assistance under
s. 49.138, $3,300,000 in each fiscal year.
49.175(1)(h)
(h)
Funeral expenses. For funeral expenses under
s. 49.30, $3,300,000 in each fiscal year.
49.175(1)(i)
(i)
Learnfare case management. For case management services for learnfare pupils under
s. 49.26 (2), $2,619,100 in each fiscal year.
49.175(1)(j)
(j)
Local learnfare projects. For local projects under the learnfare program under
s. 49.26, $450,000 in fiscal year 1997-98.
49.175(1)(k)
(k)
Children first. For services under the work experience program for noncustodial parents under
s. 49.36, $1,316,400 in each fiscal year.
49.175(1)(L)
(L)
County fraud investigations and error reduction. For county fraud investigations and error reductions under
s. 49.197, $588,000 in each fiscal year.
49.175(1)(m)
(m)
Job access loans. For job access loans under
s. 49.147 (6), $3,645,600 in fiscal year 1997-98 and $866,900 in fiscal year 1998-99.
49.175(1)(n)
(n)
Employment skills advancement grants. For employment skills advancement grants under
s. 49.185, $833,300 in fiscal year 1997-98 and $1,000,000 in fiscal year 1998-99.
49.175(1)(o)
(o)
Direct child care services. For direct child care services under
s. 49.155, $155,547,200 in fiscal year 1997-98 and $177,427,200 in fiscal year 1998-99.
49.175(1)(p)
(p)
Indirect child care services. For indirect child care services under
s. 49.131 (2) (b) [
s. 49.155 (1g)], $6,002,400 in each fiscal year. Notwithstanding
sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
49.175 Note
NOTE: The bracketed language indicates the correct cross-reference. Section 49.131 (2) (b) is renumbered s. 49.155 (1g) by
1997 Wis. Act 27. Corrective legislation is pending.
49.175(1)(q)
(q)
Reserve for benefit payments in a county with a population of 500,000 or more. For a reserve for benefit payments in a county with a population of 500,000 or more, $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.
49.175(1)(r)
(r)
Wisconsin works contracts in certain counties. For contracts with persons for oversight of the administrative structure of Wisconsin works, and of Wisconsin works agencies, in counties having a population of 500,000 or more, $1,000,000 in each fiscal year.
49.175(1)(s)
(s)
New hope project. For the new hope project under
s. 49.37, $1,560,000 in fiscal year 1997-98 and $690,000 in fiscal year 1998-99.
49.175(1)(t)
(t)
Transportation assistance. For transportation assistance under
s. 49.157, $1,000,000 in fiscal year 1997-98 and $2,000,000 in fiscal year 1998-99. The department may not distribute the funds under this paragraph unless the joint committee on finance supplements the appropriate appropriation from the appropriation under
s. 20.865 (4) (m).
49.175(1)(u)
(u)
Hospital paternity incentives. For hospital paternity incentive payments under
s. 69.14 (1) (cm), $54,000 in fiscal year 1997-98 and $144,000 in fiscal year 1998-99.
49.175(1)(v)
(v)
Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the passports for youth program does not comply with
P.L. 104-193, section 103.
49.175(1)(w)
(w)
Transfer of federal funds to the department of health and family services. For the transfer of federal funds to the department of health and family services, as provided in
s. 20.445 (3) (md), for the following purposes, the following amounts:
49.175(1)(w)1.
1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under
s. 48.57 (3m),
(3n) and
(3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.
