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. 49.26 (1) (g) to attend an orientation session under this paragraph at a time that would conflict with school attendance.
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. 49.26 (1) (g) to participate in any job search activity under this paragraph at a time that would conflict with school attendance.
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)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), 1995 stats., s.
49.132 (4) (dg), 1995 stats., or s.
49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s.
49.132 (4) (e), 1995 stats., and if the child care meets the quality standards established under s.
49.132 (4) (e), 1995 stats., 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), 1995 stats.
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).
49.193(9m)(ag)(ag) In this subsection, "recipient" includes the head of household of an aid to families with dependent children case, regardless of whether the needs of the head of household are not considered as the result of a sanction.
49.193(9m)(am)
(am) The department shall request a waiver from the federal department of health and human services to permit the application of
pars. (b) and
(c) beginning on the date specified in the waiver. The waiver may not request the application of
pars. (b) and
(c) before January 1, 1996. The waiver may request permission to apply
pars. (b) and
(c) to all recipients of aid under
s. 49.19, or to a test group of these recipients, to be determined by the department.
Paragraphs (b) and
(c) apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.
49.193(9m)(b)
(b) Notwithstanding
s. 49.19 (11) (a), if all of the following conditions apply in a month to a recipient of aid under
s. 49.19, the department shall determine the amount of aid under
s. 49.19 to be paid to the recipient's family in a subsequent month as provided in
par. (c):
49.193(9m)(b)1.
1. The recipient of aid is required to participate in an activity under this section for a regularly scheduled number of hours in the month.
49.193(9m)(b)2.
2. The recipient of aid participates in the activity in the month for less than the required number of hours without good cause, as defined by the department by rule.
49.193(9m)(b)3.
3. The agency administering the program under this section determines, in accordance with standards established by the department by rule, that the activity that the recipient is engaged in during the month has continued, or is expected to continue, for more than one month.
49.193(9m)(c)1.1. Except as provided in
subd. 2., if
par. (b) applies, the amount of aid under
s. 49.19 paid to the recipient's family in a subsequent month shall be determined as follows:
49.193(9m)(c)1.a.
a. The department shall add the recipient's total number of hours of actual participation in the month to the total number of hours in a month for which the recipient had good cause, as defined by the department by rule, for not participating in required activities.
49.193(9m)(c)1.b.
b. The department shall subtract the total number of hours determined under
subd. 1. a. from the recipient's total number of hours of required participation in that month.
49.193(9m)(c)1.c.
c. The department shall multiply the number of hours determined under
subd. 1. b. by the federal minimum hourly wage under
29 USC 206 (a) (1).
49.193(9m)(c)1.d.
d. The department shall subtract the dollar amount determined under
subd. 1. c. from the amount of aid under
s. 49.19 that the recipient's family would have received if he or she had participated for the total number of assigned hours.
49.193(9m)(c)2.a.a. If there is only one individual included in a grant of aid under
s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under
subd. 1. a. for that individual is less than 25% of the total number of hours of required participation in that month for that individual, no grant of aid under
s. 49.19 shall be made to the individual's family in a subsequent month.
49.193(9m)(c)2.b.
b. If there is more than one individual included in a grant of aid under
s. 49.19 who is required to participate in an activity under this section for a regularly scheduled number of hours in a month and if the total number of hours determined under
subd. 1. a. for all of those individuals is less than 25% of the total number of hours of required participation in that month for all of those individuals, no grant of aid under
s. 49.19 shall be made to the individuals' family in a subsequent month.
49.193(10)
(10) Employment and training council. Each agency that administers the program under this section shall appoint an employment and training council to advise the agency concerning employment and training activities. The agency administering the program in a county or group of counties shall consult with the county board of the county or the county boards of the group of counties in making the appointments to the council. The council shall include the following members:
49.193(10)(e)
(e) A recipient of aid to families with dependent children or a representative of a recipient advocacy group.
