49.27(5)(c)4.
4. The person is a nonlegally responsible relative of a dependent child in the work-not-welfare group and the person's needs are not considered in calculating the amount of the benefit determined under
sub. (4).
49.27(5)(c)5.
5. The person is required to attend school as part of the learnfare program under
s. 49.26.
49.27(5)(c)6.
6. The person is the head of household of the work-not-welfare group and is under 18 years of age.
49.27(5)(c)7.
7. The person is the caretaker of a child who is under 6 months of age.
49.27(5)(c)8.
8. The person is the caretaker of a child who is under one year of age and who was born no more than 10 months after the work-not-welfare group's enrollment date.
49.27(5)(c)9.
9. The person is pregnant and a physician has indicated that the person is unable to work.
49.27(5)(c)10.
10. The county department under
s. 46.215,
46.22 or
46.23 determines, in accordance with rules promulgated by the department, that the person has good cause for not complying with the employment and training requirements of this subsection.
49.27(5)(d)
(d)
Participation requirements. Within a 2-month period beginning on the work-not-welfare group's enrollment date, each member of the work-not-welfare group who is subject to the employment and training program described in this subsection shall participate in orientation activities under
sub. (10) (d) 2. Beginning on the first day of the month following the completion of the orientation activities under
sub. (10) (d) 2., each member of the work-not-welfare group who is subject to the employment and training program described in this subsection is required to participate in the employment and training program for a specified number of hours each month. The number of hours of participation required shall be based on the amount of the monthly benefit determined under
sub. (4) that is paid to the work-not-welfare group and on the number of persons in the work-not-welfare group who are subject to the employment and training program described in this subsection. The department shall promulgate a rule specifying the manner in which the number of required hours is to be calculated. No person may be required to spend more than 40 hours per week participating in the employment and training program described under this subsection. The number of hours of participation required under this paragraph may not exceed the number of hours that a person is assigned under
sub. (10) (d) 3. If the person needs child care services, the number of hours of participation required under this paragraph also may not exceed the number of hours for which child care is made available under
sub. (10) (d) 3.
49.27(5)(e)
(e)
Program components and requirements. A county department under
s. 46.215,
46.22 or
46.23 shall operate the employment and training program described in this subsection in a manner designed to provide members of a work-not-welfare group who are over age 16 with the means to achieve long-term independence from public assistance, including, where appropriate, education. The employment and training program described in this subsection shall include all of the same program components and requirements as in
s. 49.193, except that:
49.27(5)(e)1.
1. The services priorities in
s. 49.193 (2) (b) do not apply to persons who are subject to the employment and training program described in this subsection, all of whom shall receive equal priority.
49.27(5)(e)3.
3. Notwithstanding
s. 49.193 (6) (c), a person who is subject to the employment and training program described in this subsection may be required to work more than 32 hours per week and more than 16 weeks in a 12-month period in a community work experience program.
49.27(5)(e)5.
5. A person in need of a high school diploma shall be assigned to 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 unless the person demonstrates a basic literacy level or the employability plan for the individual identifies a long-term employment goal that does not require a high school diploma or a declaration of equivalency.
49.27(5)(e)6.
6. In addition to the employment and training activities under
s. 49.193 (4) to
(7), the employment and training program described in this subsection shall include an independence jobs program, providing for subsidized employment in the public sector.
49.27(5)(e)7.
7. Participation in alcohol and other drug abuse prevention and treatment programs may be required to fulfill employment and training requirements described in this subsection.
49.27(5)(e)8.
8. The employment and training requirements described in this subsection may be satisfied through working the number of hours required under
par. (d) in unsubsidized employment or in a combination of unsubsidized employment and employment and training activities.
49.27(5)(e)9.
9. The subsidized employment components of the employment and training program described in this subsection may not be operated so as to do any of the following:
49.27(5)(e)9.a.
a. Displace any regular employe or reduce the wages, employment benefits or hours of work of any regular employe.
49.27(5)(e)9.b.
b. Impair an existing contract for services or collective bargaining agreement.
49.27(5)(e)9.c.
c. Fill a position when any other person is on layoff from the same or a substantially equivalent job within the same organizational unit.
49.27(5)(e)9.d.
d. Have the effect of filling a vacancy created by an employer terminating a regular employe or otherwise reducing its work force for the purpose of hiring an individual under this subsection.
49.27(5)(e)9.e.
e. Infringe in the promotional opportunities of a regular employe.
49.27(5)(e)10.
10. The department shall establish a grievance procedure for resolving complaints by regular employes or their representatives that the subsidized employment components of the employment and training program under this subsection violate
subd. 9.
49.27(5)(f)
(f)
Sanctions. If, after the first month for which a work-not-welfare group receives cash benefits determined under
sub. (4), a person in the work-not-welfare group fails to meet the employment and training requirements under this subsection in a month, the work-not-welfare group may be sanctioned by reducing, or by not paying, the benefit amount determined under
sub. (4) for that month. For purposes of the maximum number of monthly benefit payments permitted under
sub. (4) (e), a work-not-welfare group shall be considered to have received a monthly benefit in a month in which, as a result of sanctions under this paragraph, a reduced monthly benefit or no monthly benefit is paid. The notice requirement under
s. 49.193 (9) and the fair hearing and review provisions under
s. 49.21 (1) apply to a sanction imposed under this paragraph.
49.27(5)(g)
(g)
Voluntary participation. To the extent that funding permits, persons who are exempt under
par. (c) may participate in the employment and training program under this subsection and, to the extent that funding permits, persons may participate in the employment and training program described in this subsection for more hours than are required under
par. (d).
49.27(6)(a)(a)
Eligibility. Except as provided in
par. (b), a work-not-welfare group is eligible for transitional child care services under
par. (c) in any month in which all of the following conditions are met:
49.27(6)(a)1.
1. The work-not-welfare group has received at least one monthly cash benefit determined under
sub. (4).
49.27(6)(a)3.
3. The work-not-welfare group's benefit period has not yet expired.
49.27(6)(a)4.
4. At least one person in the work-not-welfare group is employed in unsubsidized employment.
49.27(6)(b)
(b)
Time limitations on transitional child care benefits. A work-not-welfare group that is eligible for transitional child care under
par. (a) may receive transitional child care benefits under
par. (c) for a maximum of 12 months during a benefit period. These months need not be consecutive. A work-not-welfare group may not receive transitional child care benefits under this subsection after the work-not-welfare group's benefit period has elapsed unless it has been at least 36 months since the work-not-welfare group received benefits determined under
sub. (4) or
(11) (a) to
(f).
49.27(6)(c)
(c)
Benefits. A county department under
s. 46.215,
46.22 or
46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s.
49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under
s. 49.191 (2). The rates for child care services under this paragraph shall be determined 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 services meet the quality standards established under s.
49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s.
49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.
49.27 Note
NOTE: The bracketed language was inadvertently omitted by
1997 Wis. Act 252. Corrective legislation is pending.
49.27(7)(a)(a)
Eligibility. A work-not-welfare group is eligible for shelter payment benefits under this subsection if all of the following conditions are met:
49.27(7)(a)2.
2. The period of ineligibility under
sub. (4) (f) and
(g) for the work-not-welfare group has not yet expired.
49.27(7)(a)3.
3. The work-not-welfare group is in danger of becoming homeless, as defined by the department by rule.
49.27(7)(b)
(b)
Benefits. For a work-not-welfare group that is eligible for benefits under this subsection, the department shall pay a shelter benefit equal to the lesser of the work-not-welfare group's shelter expenses or the benefit amount that the work-not-welfare group would have received under
s. 49.19 if a waiver under
sub. (2) were not in effect, based only on the number of children in the work-not-welfare group. The shelter benefit under this subsection shall be paid directly to the provider of the shelter or in the form of a voucher that may be used only for shelter expenses.
49.27(9)
(9) Cooperation requirement. As a condition for continued benefits under this section, a person who is subject to the work-not-welfare pilot program under this section shall comply with reasonable requests for cooperation by work-not-welfare case management workers in applying for programs or resources that these workers believe may be available to the person.
49.27(10)
(10) Administration in pilot counties. 49.27(10)(a)(a)
Contracts. The department shall enter into a contract with the county department under
s. 46.215,
46.22 or
46.23 in each pilot county. The contract shall specify the obligations of the county department in administering the work-not-welfare pilot program in that county and shall require at least the following:
49.27(10)(a)1.
1. The establishment of a community steering committee under
par. (b).
49.27(10)(b)1.1. Each county department under
s. 46.215,
46.22 or
46.23 entering into a contract with the department under
par. (a) shall establish a community steering committee instead of an employment and training council under
s. 49.193 (10). The chairperson and the other members of the community steering committee shall be appointed by the county executive or county administrator in the pilot county or, if the pilot county has no county executive or county administrator, by the chairperson of the county board of supervisors. The appointments shall be made in consultation with the department. The community steering committee shall have at least 12 members but not more than 15 members. The chairperson of the community steering committee shall be a person who represents business interests.
49.27(10)(b)2.
2. The community steering committee shall do all of the following:
49.27(10)(b)2.b.
b. Identify and encourage employers to provide permanent jobs for persons who are subject to the employment and training program described in
sub. (5).
49.27(10)(b)2.c.
c. Create and encourage others to create subsidized jobs for persons who are subject to the employment and training program described in
sub. (5).
49.27(10)(b)2.d.
d. Create and encourage others to create on-the-job training sites for persons who are subject to the employment and training program described in
sub. (5).
49.27(10)(b)2.e.
e. Foster and guide the entrepreneurial efforts of persons who are subject to the employment and training program described in
sub. (5).
49.27(10)(b)2.f.
f. Provide mentors, both from its membership and from recruitment of members of the community, to provide job-related guidance, including assistance in resolving job-related issues and the provision of job leads or references, to persons who are subject to the requirements of the employment and training program described in
sub. (5).
49.27(10)(c)
(c)
Children's services network. Each county department under
s. 46.215,
46.22 or
46.23 entering into a contract with the department under
par. (a) shall establish a children's services network. The children's services network shall provide information about community resources available to the children in a work-not-welfare group during the work-not-welfare group's benefit period and the work-not-welfare group's period of ineligibility under
sub. (4) (f), including charitable food and clothing centers; the state supplemental food program for women, infants and children under
s. 253.06; and child care programs under s.
49.132, 1995 stats.
49.27(10)(d)1.1. The county department under
s. 46.215,
46.22 or
46.23 administering a work-not-welfare pilot program under this section shall assign each work-not-welfare group to a case management team. The case management team shall be composed of case managers representing the income maintenance, job opportunities and basic skills, child care and child support components of the work-not-welfare pilot program under this section.
49.27(10)(d)2.
2. During the month beginning with the work-not-welfare group's enrollment date, the county department under
s. 46.215,
46.22 or
46.23 shall provide work-not-welfare group members with orientation services. The services shall include provision of oral and written explanations of the limitations on the benefits described under this section and of the participation requirements for the employment and training program described in
sub. (5). As a condition of receiving benefits under this section, adult work-not-welfare group members may be required to sign a statement, which may be referred to as an "Independence Pact", indicating that they received a copy of the written explanation of benefits and understand the employment and training requirements and the time-limited benefits of the work-not-welfare pilot program under this section. The orientation services shall also include the provision of a benefit account book, in which the case management team will indicate the remaining number of months of eligibility for cash and transitional benefits under this section.
49.27(10)(d)3.
3. To the extent that assignments are available, the case management team shall assign to persons who are subject to the employment and training requirements described in
sub. (5) an employment or training assignment that enables the person to fulfill the participation requirements described in
sub. (5) (d). To the extent that funding for child care is available, the case management team shall also assist persons who are subject to the employment and training program described in
sub. (5) in obtaining child care services.
49.27(10)(e)
(e)
Child support assistance. From the appropriation under
s. 20.445 (3) (cb), the department may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.
49.27(11)
(11) Administration in nonpilot counties. A county department under
s. 46.215,
46.22 or
46.23 in a nonpilot county may not pay aid to families with dependent children benefits under
s. 49.19 to any person in a work-not-welfare group, except as provided in this subsection. With respect to persons in a work-not-welfare group residing in a nonpilot county, the county department in the nonpilot county shall do all of the following:
49.27(11)(a)
(a) Determine the eligibility of a work-not-welfare group member for aid to families with dependent children under
s. 49.19 without regard to
sub. (4) (b).
49.27(11)(b)
(b) Determine the amount of aid to families with dependent children under
s. 49.19 without regard to
sub. (4) (c).
49.27(11)(d)
(d) Adjust aid to families with dependent children and food stamp benefits without regard to
sub. (4) (d).
49.27(11)(e)
(e) Apply the limitations contained in
sub. (4) (e) to
(g) to aid to families with dependent children payments under
s. 49.19.
49.27(11)(g)
(g) Administer the job opportunities and basic skills program under
s. 49.193 and the food stamp employment and training program under
s. 49.124 (1m) without regard to any of the provisions in
sub. (5), including the hours-of-participation requirement under
sub. (5) (d) and the sanctions provisions under
sub. (5) (f).
49.27(11)(i)
(i) Provide transitional child care services under
sub. (6) and shelter payments under
sub. (7).
49.27(12)
(12) Evaluation. If the work-not-welfare program under this section is conducted, the department shall enter into a contract with a public or private agency for the preparation of evaluations of the work-not-welfare program under this section. These evaluations shall include an implementation evaluation, an outcome evaluation and an impact evaluation.
49.27(13)
(13) Sunset. Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than enactment of this subsection, is required to be given to recipients of aid under this section to terminate their benefits under this subsection.
49.275
49.275
Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and in other matters of mutual concern under this subchapter pertaining to public welfare.
49.275 History
History: 1995 a. 27.
49.29
49.29
Loss of eligibility. If a court finds or it is determined after an administrative hearing that meets the requirements in regulations of the federal department of health and human services under
42 USC 616 (b) that an individual who is a member of a family applying for or receiving aid under
s. 49.19, for the purpose of establishing or maintaining eligibility for aid under
s. 49.19 or of increasing the amount of aid received under
s. 49.19, intentionally made a false or misleading statement, intentionally misrepresented or withheld facts or committed an act intended to mislead or to misrepresent or withhold facts, the department shall consider the income and assets of the person but shall remove the needs of the person in determining the amount of any payment made to the person's family under
s. 49.19 as follows:
49.29(1)
(1) Upon the first occurrence, for 6 months.
49.29(2)
(2) Upon the 2nd occurrence, for one year.
49.29(3)
(3) Upon the 3rd occurrence, permanently.
49.30
49.30
Funeral expenses. 49.30(1)(1) Except as provided in
sub. (1m), if any recipient of benefits under
s. 49.148,
49.46 or
49.77, or under
42 USC 1381 to
1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under
s. 46.215,
46.22 or
46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
49.30(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.30(1)(b)
(b) The lesser of $1,000 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.30(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under
sub. (1) (a).
49.30(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under
sub. (1) (b).
