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 may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a 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;
2003 a. 33.
49.167
49.167
Alcohol and other drug abuse treatment grant program. 49.167(1)(1) The department may 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 any grants awarded 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;
2003 a. 33.
49.169
49.169
Literacy grants. 49.169(2)(2) The department may award 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 any grant proposals and to allocate any grants under this section among 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;
2003 a. 33.
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),
(dz),
(k),
(kx),
(L),
(mc),
(md),
(me), and
(s), the department shall allocate the following amounts for the following purposes:
49.175(1)(a)
(a)
Wisconsin Works benefits. For Wisconsin Works benefits, $59,184,700 in fiscal year 2005-06 and $51,930,000 in fiscal year 2006-07.
49.175(1)(b)
(b)
Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under
s. 49.143, $18,999,900 in fiscal year 2005-06 and $16,834,100 in fiscal year 2006-07.
49.175(1)(c)
(c)
Performance bonuses. For the payment of performance bonuses to Wisconsin Works agencies that have entered into contracts under
s. 49.143 having a term that begins on January 1, 2004, and that ends on December 31, 2005, $0 in fiscal year 2005-06.
49.175(1)(f)
(f)
Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under
s. 49.143, $49,534,800 in fiscal year 2005-06 and $43,463,000 in fiscal year 2006-07.
49.175(1)(g)
(g)
State administration of public assistance programs. For state administration of public assistance programs, $16,060,000 in each fiscal year.
49.175(1)(i)
(i)
Emergency assistance. For emergency assistance under
s. 49.138, $4,500,000 in each fiscal year.
49.175(1)(m)
(m)
Children first. For services under the work experience program for noncustodial parents under
s. 49.36, $1,140,000 in each fiscal year.
49.175(1)(p)
(p)
Direct child care services. For direct child care services under
s. 49.155, $310,332,100 in fiscal year 2005-06 and $313,432,100 in fiscal year 2006-07.
49.175(1)(q)
(q) Indirect child care services. For indirect child care services under
s. 49.155 (1g), $9,926,700 in fiscal year 2005-06 and $9,929,000 in fiscal year 2006-07.
49.175(1)(qm)
(qm)
Quality care for quality kids. For the child care quality improvement activities specified in
s. 49.155 (1g) (d), $3,378,500 in each fiscal year.
49.175(1)(r)
(r)
Early childhood excellence initiative. For grants under
s. 49.1375, $0 in each fiscal year.
49.175(1)(z)
(z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under
42 USC 601 et seq., $300,000 in each fiscal year.
49.175(1)(ze)
(ze)
Programs administered by the department of health and family services. 49.175(1)(ze)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), $23,034,200 in fiscal year 2005-06 and $22,686,300 in fiscal year 2006-07.
49.175(1)(ze)2.
2. `Children of recipients of supplemental security income.' For payments made under
s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,444,000 in fiscal year 2005-06 and $30,394,000 in fiscal year 2006-07.
49.175(1)(ze)10m.
10m. `Safety services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $5,707,200 in each fiscal year.
49.175(1)(ze)11.
11. `Prevention services.' For services to prevent child abuse or neglect in counties having a population of 500,000 or more, $1,489,600 in each fiscal year.
49.175(1)(ze)12.
12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,310,800 in fiscal year 2005-06 and $1,317,700 in fiscal year 2006-07.
49.175(1)(zh)
(zh)
Earned income tax credit supplement. For the transfer of moneys from the appropriation account under
s. 20.445 (3) (md) to the appropriation account under
s. 20.835 (2) (kf) for the earned income tax credit, $55,232,000 in each fiscal year.
49.175(2)(a)(a) The department may reallocate funds that are allocated under a paragraph under
sub. (1) for any purpose specified in a paragraph under
sub. (1) if the secretary of administration approves the reallocation.
49.175(2)(c)
(c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under
s. 20.445 (3) (mc) and
(md) are less than the amounts appropriated under
s. 20.445 (3) (mc) and
(md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under
sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under
sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.
49.175 History
History: 1997 a. 27,
105,
236,
237,
252,
318;
1999 a. 9;
2001 a. 16,
104,
109;
2003 a. 33,
321,
327;
2005 a. 25,
254.
49.19
49.19
Aid to families with dependent children. 49.19(1)(a)(a) In this section, "dependent child" means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who:
49.19(1)(a)1.
1. Has been deprived of parental support or care by reason of the death, continued absence from the home other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States, unemployment or incapacity of a parent; and
49.19(1)(a)2.a.a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or
49.19(1)(a)2.b.
b. Is living in a foster home or treatment foster home licensed under
s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under
s. 48.625, or in a residential care center for children and youth licensed under
s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under
s. 46.215,
46.22 or
46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.
49.19(1)(b)
(b) Any individual may apply for aid to families with dependent children and shall have opportunity to do so. Application for aid shall be made on forms prescribed by the department. Any person having knowledge that any child is dependent upon the public for proper support or that the interest of the public requires that such child be granted aid may bring the facts to the notice of an agency administering such aid in the county in which the child resides.
49.19(1)(c)1.1. "Aid to families with dependent children" means money payments with respect to, or vendor payments as prescribed by the department, or medical care in behalf of or any type of remedial care recognized under
subs. (1) to
(10) or
s. 49.46 or necessary burial expenses as defined in
sub. (5) in behalf of a dependent child or dependent children.
