49.148(1)(b)1.1. Except as provided in
subd. 1m., for a participant in a community service job under
s. 49.147 (4), a monthly grant of $673, paid by the Wisconsin works agency. For every hour that the participant misses work or education or training activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse. If a participant in a community service job under
s. 49.147 (4) is required to work fewer than 30 hours per week because the participant has unsubsidized employment, as defined in
s. 49.147 (1) (c), the grant amount under this paragraph shall equal the amount specified under
subd. 1m. minus $5.15 for each hour that the participant misses work or education or training activities without good cause.
49.148(1)(b)1m.
1m. Except as provided in
subd. 1., the Wisconsin works agency shall pay a participant in a community service job the following:
49.148(1)(b)1m.a.
a. For a participant placed in a community service job for not more than 10 hours per week, one-third of the amount specified in
subd. 1m. d.
49.148(1)(b)1m.b.
b. For a participant placed in a community service job for more than 10 hours but not more than 15 hours per week, one-half of the amount specified under
subd. 1m. d.
49.148(1)(b)1m.c.
c. For a participant placed in a community service job for more than 15 hours but not more than 20 hours per week, two-thirds of the amount specified under
subd. 1m. d.
49.148(1)(b)1m.d.
d. For a participant placed in a community service job for more than 20 hours per week, $673.
49.148(1)(b)3.
3. For a participant in a community service job who participates in technical college education under
s. 49.147 (5m), a monthly grant of $673, paid by the Wisconsin works agency. For every hour that the participant misses work or other required activities without good cause, the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.
49.148(1)(c)
(c)
Transitional placements. For a participant in a transitional placement under
s. 49.147 (5) or in a transitional placement and in technical college education under
s. 49.147 (5m), a grant of $628, paid monthly by the Wisconsin works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under
s. 49.147 (5) (b) 1. a. to
e., the grant amount shall be reduced by $5.15. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.
49.148(1m)(a)(a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under
s. 49.145 (2) and
(3) may receive a monthly grant of $673 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in
s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of the time limits under
s. 49.145 (2) (n) or
49.147 (3) (c),
(4) (b) or
(5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position.
49.148(1m)(b)
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of the time limits under
ss. 49.145 (2) (n) and
49.147 (3) (c),
(4) (b) or
(5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under
s. 49.19 or for a Wisconsin works employment position unless the child was conceived as a result of a sexual assault in violation of
s. 940.225 (1),
(2) or
(3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of
s. 944.06 or
948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
49.148(4)(a)(a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the presanction benefit amount for that participant by not more than 15% for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this paragraph.
49.148(4)(b)
(b) The Wisconsin works agency may require an individual who tests positive for use of a controlled substance under
par. (a) to participate in a drug abuse evaluation, assessment and treatment program as part of the participation requirement under
s. 49.147 (4) (as) or
(5) (bs).
49.148(4)(c)
(c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position.
49.148 Cross-reference
Cross Reference: See also s.
DCF 101.18, Wis. adm. code.
49.149
49.149
Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:
49.149(1)
(1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.
49.149(3)
(3) Encourage employers to make training sites available on the business site for participants.
49.149(4)
(4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under
subch. VI of ch. 560.
49.149 History
History: 1995 a. 289.
49.15
49.15
Wisconsin works; 2-parent families. 49.15(1)
(1)
Definition. In this section, "other parent" means a parent who is not a participant in a Wisconsin works employment position.
49.15(2)
(2) Requirements for nonparticipant parent. 49.15(2)(a)(a) If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under
sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under
sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in
sub. (3) during that week.
49.15(2)(b)
(b) Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.
49.15(3)
(3) Prescribed work activities. An individual who is subject to the work requirement under
sub. (2) may satisfy the requirement only by participating in any of the following activities:
49.15(3)(b)
(b) Subsidized employment, as defined by the department.
49.15(3)(c)
(c) If sufficient private sector employment is not available, work experience, as defined by the department.
49.15(3)(d)
(d) On-the-job training, as defined by the department.
49.15(3)(e)
(e) A community service program, as defined by the department.
49.15 History
History: 1997 a. 27;
1999 a. 32.
49.15 Cross-reference
Cross Reference: See also s.
DCF 101.27, Wis. adm. code.
49.151
49.151
Wisconsin works; sanctions. 49.151(1)
(1)
Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant is also ineligible to participate in that Wisconsin works employment position component if an individual in the participant's Wisconsin works group is subject to the work requirement under
s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under
s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:
49.151(1)(a)
(a) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.
49.151(1)(b)
(b) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, the participant fails to appear for an assigned activity, including an activity under
s. 49.147 (5) (b) 1. a. to
e., without good cause, as determined by the Wisconsin works agency.
49.151(1)(c)
(c) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.
49.151(1)(d)
(d) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), loses employment as a result of being discharged for cause.
49.151(1)(e)
(e) The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under
s. 49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.
49.151(2)
(2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under
ss. 49.141 to
49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in
ss. 49.141 to
49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under
ss. 49.141 to
49.161 to the individual.
49.151 History
History: 1995 a. 289;
1997 a. 27.
49.151 Cross-reference
Cross Reference: See also ss.
DCF 101.20 and
101.21, Wis. adm. code.
49.152
49.152
Review of agency decisions. 49.152(1)
(1)
Petition for review. Any individual whose application for any component of Wisconsin works is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
49.152(2)(a)(a) Upon a timely petition under
sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
49.152(2)(a)2.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
49.152(2)(b)
(b) The department may review a decision of a Wisconsin works agency under
par. (a) if any of the following occurs:
49.152(2)(b)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.
49.152(2)(b)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(c)
(c) The department shall review a Wisconsin works agency's decision to deny an application based solely on a determination of financial ineligibility if any of the following occurs:
49.152(2)(c)1.
1. Within 21 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.
49.152(2)(c)2.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
49.152(2)(d)
(d) If the department reviews a decision under
par. (b) and upon receipt of a petition or request under
par. (c) the department may make any additional investigation that it considers necessary. The department shall render its decision as soon as possible and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition or shall refuse to grant relief if the applicant or participant withdraws the petition in writing.
49.152(3)(a)(a) If, following review under
sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under
s. 49.148 beginning on the date on which the individual begins participation under
s. 49.147.
49.152(3)(b)
(b) If, following review under
sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.
49.152 History
History: 1995 a. 289;
1997 a. 27.
49.152 Cross-reference
Cross Reference: See also ss.
DCF 101.07 and
101.22, Wis. adm. code.
49.153
49.153
Notice before taking certain actions. 49.153(1)
(1)
Written and oral notice. Before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:
49.153(1)(a)
(a) Provide to the participant written notice of the proposed action and of the reasons for the proposed action.
49.153(1)(b)
(b) After providing written notice, explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.
49.153(1)(c)
(c) After providing the notice under
par. (a) and the explanation or the attempts to provide an explanation under
par. (b), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
49.153(2)
(2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under
sub. (1) and that define "reasonable attempts" for the purpose of
sub. (1) (b) and "reasonable time" for the purpose of
sub. (1) (c).
49.153 History
History: 2005 a. 25.
49.155
49.155
Wisconsin works; child care subsidy. 49.155(1)
(1)
Definitions. In this section, except as otherwise provided:
49.155(1)(aL)
(aL) "Disabled" means physically or mentally incapable of caring for oneself.
49.155(1)(c)
(c) Notwithstanding
s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.
49.155(1)(d)
(d) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
49.155(1d)(a)(a) The department shall promulgate rules establishing standards for the certification of child care providers under
s. 48.651. The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph of a child care provider, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome, if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under
s. 253.15 (4), if the provider, employee, or volunteer provides care and supervision for children under 5 years of age. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include any other requirement for training for providers.
49.155(1d)(b)
(b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under
s. 48.65 or for certification under
s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.
49.155(1g)
(1g) Distribution of funds. Within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, the department shall do all of the following:
49.155(1g)(a)
(a) Subject to
sub. (1j), spend no more than the minimum amount required under
42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under
s. 20.437 (2) (cm),
(kx),
(mc), and
(md), the department shall allocate and distribute funding in each fiscal year for all of the following:
49.155(1g)(a)1.
1. A child care scholarship and bonus program, in the amount of at least $3,475,000 per fiscal year.
49.155(1g)(a)2.
2. Grants under
s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 per fiscal year.
49.155(1g)(a)3.
3. A transfer to the appropriation account under
s. 20.437 (1) (kx) for child care licensing activities, in the amount of at least $4,800,600 per fiscal year.
