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 or tribal governing bodies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may reimburse a Wisconsin works agency for child care that the Wisconsin works agency provides to the children of Wisconsin works participants and applicants.
49.155(3m)(b)
(b) Of the funds distributed under
par. (a) not more than the greatest of the following may be used for the costs of administering the program under this section:
49.155(3m)(b)1.
1. Five percent of the funds distributed under
par. (a) in the current year.
49.155(3m)(b)2.
2. Five percent of the funds distributed under
par. (a) in the immediately preceding year.
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 for child care services that are provided for a child by a child care provider who is the parent of the child or 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 specified by the department in a printed copayment schedule. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under
s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.
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, employee 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.
49.155 Cross-reference
Cross Reference: See also ch.
DWD 56 and s.
DWD 12.26, Wis. adm. code.
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 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 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) 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) or
(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 Cross-reference
Cross Reference: See also s.
DWD 12.23, Wis. adm. code.
49.1635
49.1635
Wisconsin Trust Account Foundation. 49.1635(1)
(1) To the extent permitted under federal law and subject to
sub. (2), from the appropriation under
s. 20.445 (3) (md) the department shall distribute to the Wisconsin Trust Account Foundation an amount equal to the amount received by the foundation from private donations, but not to exceed $100,000 in each fiscal year. Except as provided in
sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.
49.1635(2)
(2) The department may not distribute funds under
sub. (1) until the Wisconsin Trust Account Foundation reports to the department the amount received by the Wisconsin Trust Account Foundation in private donations.
49.1635(3)
(3) If the Wisconsin Trust Account Foundation receives funds under
sub. (1), it shall do all of the following:
49.1635(3)(a)
(a) Develop a separate account for the funds distributed under
sub. (1).
49.1635(3)(b)
(b) Require each organization to which the Wisconsin Trust Account Foundation distributes funds received under
sub. (1) to match 100% of the amount distributed to that organization that is attributable to the funds received by the Wisconsin Trust Account Foundation under
sub. (1).
49.1635(3)(c)
(c) Annually, prepare a report for distribution to the joint committee on finance that specifies the organizations that received funding under this section.
49.1635(4)
(4) Not more than 10% of the total funds received by the Wisconsin Trust Account Foundation may be used for administration.
49.1635 History
History: 1999 a. 9.
49.167
49.167
Alcohol and other drug abuse treatment grant program. 49.167(1)(1) The department shall award grants to counties, tribal governing bodies and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who have a family income of not more than 200% of the poverty line and who are eligible for temporary assistance for needy families under
42 USC 601 et seq. and that do all of the following:
49.167(1)(a)
(a) Meet the special needs of low-income persons with problems resulting from alcohol or other drug abuse.
49.167(1)(b)
(b) Emphasize parent education, vocational and housing assistance and coordination with other community programs and with treatment under intensive care.
49.167(2)
(2) The department shall do all of the following with respect to the grants under
par. (a):
49.167(2)(a)
(a) Award the grants in accordance with the department's request-for-proposal procedures.
49.167(2)(b)
(b) Ensure that the grants are distributed in both urban and rural communities.
49.167(2)(c)
(c) Evaluate the programs under the grants by use of client-outcome measurements that the department develops.
49.167(3)
(3) The department shall coordinate the grant program under this section with any similar grant program administered by the department of health and family services.
49.167 History
History: 1999 a. 9.
49.169
49.169
Literacy grants. 49.169(2)(2) The department shall award not more than $1,404,100 in grants to qualified applicants for the provision of literacy training to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et. seq.
49.169(4)
(4) The department, in consultation with the technical college system board, the department of public instruction and the governor's office, shall develop written criteria to be used to evaluate the grant proposals and to allocate the grants under this section among the successful grant applicants.
49.169(5)
(5) The department shall require grant recipients to coordinate with the appropriate Wisconsin works agencies to ensure that those participants in Wisconsin works who are served by those Wisconsin works agencies and who need literacy training receive adequate literacy training.
49.169 History
History: 1999 a. 9.
49.173
49.173
Workforce attachment and advancement program. 49.173(1)(1) The department shall distribute funds to Wisconsin works agencies and to local workforce development boards established under
29 USC 2832 to provide all of the following to any person who is eligible for the federal temporary assistance to needy families program under
42 USC 601 et. seq.:
49.173(1)(a)
(a) Job readiness training and job placement services to unemployed persons.
49.173(1)(b)
(b) Basic job skills development to unemployed or recently employed persons.
49.173(1)(c)
(c) Services to assist recently employed persons with job retention.
49.173(1)(d)
(d) Incumbent worker training to promote job advancement and increased earnings.
49.173(1)(e)
(e) Services to employers to assist them in retaining workers and providing workers with position advancement.
49.173(2)(a)(a) The department shall allocate a portion of the amount to be distributed under
sub. (1) and shall distribute that portion in equal amounts among all of the Wisconsin works agencies.
49.173(2)(b)
(b) The department shall distribute the amount that remains after the distribution under
par. (a) to each Wisconsin works agency and local workforce development board based on the criteria specified in
sub. (3).
49.173(3)(a)(a) The department shall allocate and distribute funds under
sub. (2) (b) to Wisconsin works agencies based on the number of persons in all of the following case categories served by that Wisconsin works agency:
49.173(3)(b)
(b) The department shall allocate and distribute to each local workforce development board funds under
sub. (2) (b) based on a formula that takes into account all of the following:
49.173(3)(b)1.
1. The percentage of the population of the area served by the local board with an income at or below 200% of the poverty line.
49.173(3)(b)3.
3. The unemployment rate of the area served by the local board.
49.173(4)
(4) The department shall require recipients of the funds distributed under this section to meet performance standards that are based on employment placement for unemployed persons, job retention rates of the persons served by the fund recipients, increased earnings of the persons served by the fund recipients, and increased child support collections for noncustodial parents served by the fund recipients.
49.173 History
History: 1999 a. 9;
2001 a. 16.
49.175
49.175
Public assistance and local assistance allocations. 49.175(1)(1)
Allocation of funds. Except as provided in
sub. (2), within the limits of the appropriations under
s. 20.445 (3) (a),
(cm),
(dc),
(dz),
(e),
(jL),
(k),
(L),
(mc),
(md),
(nL),
(pm), and
(ps), the department shall allocate the following amounts for the following purposes:
49.175(1)(a)
(a)
Wisconsin works benefits. For Wisconsin works benefits provided under contracts having a term that begins on January 1, 2000, and ends on December 31, 2001, $24,654,800 in fiscal year 2001-02; and for Wisconsin works benefits provided under contracts having a term that begins on January 1, 2002, and ends on December 31, 2003, $24,654,800 in fiscal year 2001-02 and $49,309,600 in fiscal year 2002-03.
