49.155(1m)(a)
(a) The individual is a parent of a child who meets the requirement under
s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person who, under
s. 48.57 (3m) or
(3n), is providing care and maintenance for a child who meets the requirement under
s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:
49.155(1m)(a)1m.
1m. Obtain a high school diploma or participate in 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, if the individual is not subject to the school attendance requirement under
s. 49.26 (1) (ge) and at least one of the following conditions is met:
49.155(1m)(a)1m.b.
b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under
s. 48.57 (3m) or with a long-term kinship care relative under
s. 48.57 (3n) or is in a foster home or treatment foster home licensed under
s. 48.62, a subsidized guardianship home under
s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.
49.155(1m)(a)2.
2. Work in an unsubsidized job, including training provided by an employer during the regular hours of employment.
49.155(1m)(a)3m.
3m. Participate in a job search or work experience component of the food stamp employment and training program under
s. 49.79 (9).
49.155(1m)(a)4.
4. If the Wisconsin works agency determines that basic education would facilitate the individual's efforts to maintain employment, participate in basic education, including an English as a 2nd language course; literacy tutoring; or a course of study meeting the standards established by the state superintendent of public instruction under
s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation. An individual may receive aid under this subdivision for up to 2 years.
49.155(1m)(a)5.
5. Participate in a course of study at a technical college, or participate in educational courses that provide an employment skill, as determined by the department, if the Wisconsin works agency determines that the course or courses would facilitate the individual's efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.
49.155(1m)(b)
(b) Except as provided in
par. (bm), the individual meets the eligibility criteria under all of the following:
49.155(1m)(bm)
(bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under
s. 48.57 (3m) or
(3n) or
48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the child meets the requirement under
s. 49.145 (2) (c).
49.155(1m)(c)1.1. Except as provided in
subds. 1g.,
1h.,
1m.,
2., and
3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. and
3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:
49.155(1m)(c)1.b.
b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capitol equipment and payments on the principal of loans.
49.155(1m)(c)1g.
1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under
s. 48.62 (5), the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. and
3.
49.155(1m)(c)1h.
1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under
s. 48.57 (3m) or
(3n) on behalf of the child, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under
s. 49.145 (3) (b) 1. and
3.
49.155(1m)(c)1m.
1m. If the individual was eligible under s.
49.132 (4) (a), 1995 stats., for aid under s.
49.132, 1995 stats., and received aid under s.
49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s.
49.132 (6), 1995 stats., the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.
49.155(1m)(c)2.
2. If the individual was eligible under s.
49.132 (4) (am), 1995 stats., for aid under s.
49.132, 1995 stats., and received aid under s.
49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
49.155(1m)(c)3.
3. If the individual was eligible for a child care subsidy under s.
49.191 (2), 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
49.155(1m)(d)
(d) The individual satisfies other eligibility criteria established by the department by rule.
49.155(3)(a)(a) A Wisconsin works agency shall refer an individual who has been determined eligible under
sub. (1m) to a county department under
s. 46.215,
46.22 or
46.23 for child care assistance.
49.155(3)(b)
(b) The county department under
s. 46.215,
46.22 or
46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under
s. 46.215,
46.22 or
46.23 shall do all of the following:
49.155(3)(b)2.
2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider or otherwise reimburse child care providers.
49.155(3)(b)6.
6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.
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)(cm)
(cm) The department shall modify child care provider reimbursement rates established under
pars. (a) to
(c) so that reimbursement rates are lower for providers of after-school day care.
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.
DCF 201 and s.
DCF 101.26, 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.
DCF 101.23, 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. 20.437 (2) (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;
2007 a. 20.
49.165
49.165
Domestic abuse grants. 49.165(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
49.165(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
49.165(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.
49.165(1)(d)
(d) "Organization" means a nonprofit corporation, a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:
