49.138(1m)(am)
(am) The family is experiencing a financial crisis that makes it very difficult for the family to make a rent payment, mortgage payment or property tax payment and the family has been notified that it will be required to leave its current housing if it does not make that payment immediately.
49.138(1m)(b)
(b) The family has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, shelter facility or transitional shelter facility.
49.138(1m)(d)
(d) The family is without a fixed, regular and adequate nighttime residence.
49.138(1m)(e)
(e) The family is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation.
49.138(3)
(3) The department may contract with a Wisconsin works agency to administer this section.
49.138(4)(a)(a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.
49.138(4)(b)
(b) Upon a timely petition under
par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering 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 petitioner. The administering agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
49.138(4)(b)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.
49.138(4)(c)
(c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 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.
49.138 Cross-reference
Cross-reference: See also ch.
DCF 120, Wis. adm. code.
49.139
49.139
Emergency shelter funding. From the appropriation account under
s. 20.437 (2) (f), the department shall provide $50,000 annually, beginning on October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to homeless individuals and families.
49.139 History
History: 2009 a. 28.
49.141
49.141
Wisconsin works; general provisions. 49.141(1)(a)
(a) "Community service job" means a work component of Wisconsin works administered under
s. 49.147 (4).
49.141(1)(b)
(b) "Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in
s. 767.001 (2) (a).
49.141(1)(c)
(c) "Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.
49.141(1)(d)
(d) "Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.
49.141(1)(g)
(g) "Minimum wage" means the state minimum hourly wage under
ch. 104 or the federal minimum hourly wage under
29 USC 206 (a) (1), whichever is applicable.
49.141(1)(h)
(h) "Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.
49.141(1)(i)
(i) "Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under
s. 69.15 (3) (b) 3. a statement acknowledging paternity.
49.141(1)(j)2.
2. A person who has consented to the artificial insemination of his wife under
s. 891.40.
49.141(1)(j)4.
4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803.
49.141(1)(k)
(k) "Participant" means an individual who participates in any component of the Wisconsin works program.
49.141(1)(m)
(m) "Transitional placement" means a work component of Wisconsin works administered under
s. 49.147 (5).
49.141(1)(p)
(p) "Wisconsin works" means the assistance program for families with dependent children, administered under
ss. 49.141 to
49.161.
49.141(1)(s)
(s) "Wisconsin works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under
s. 49.027 (3) (b).
Effective date note
NOTE: Par. (s) is amended eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(s) "Wisconsin Works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin Works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent.
49.141(3)
(3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under
s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.
49.141(4)
(4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
49.141(5)(am)(am) No Wisconsin works employment position may be operated so as to do any of the following:
49.141(5)(am)1.
1. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under
s. 49.147 (3),
(4) or
(5).
49.141(5)(am)2.
2. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
49.141(5)(am)3.
3. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
49.141(5)(bm)
(bm) The department shall promulgate rules specifying a grievance procedure for resolving complaints of alleged violations of
par. (am).
49.141(6)
(6) Prohibited conduct. A person, in connection with Wisconsin works, may not do any of the following:
49.141(6)(a)
(a) Knowingly and willfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.
49.141(6)(b)
(b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized.
49.141(7)(a)(a) A person who is convicted of violating
sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works is guilty of a Class H felony.
49.141(7)(b)
(b) A person, other than a person under
par. (a), who is convicted of violating
sub. (6) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
49.141(7)(c)
(c) Except as provided in
par. (d), in addition to the penalties applicable under
par. (a) or
(b), a person shall be suspended from participating in Wisconsin works for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:
49.141(7)(c)1.
1. Violating
sub. (6) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
49.141(7)(c)2.
2. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under
42 USC 1396 et seq.
49.141(7)(c)3.
3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under
7 USC 2011 to
2029.
49.141(7)(c)4.
4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under
42 USC 1381 to
1383d.
49.141(7)(d)
(d) A person who has been suspended from participating in Wisconsin works under
par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.
49.141(8)
(8) Damages. If a person is convicted under
sub. (6), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under
sub. (6) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
49.141(9)(a)(a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.141(9)(b)
(b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.141(9)(c)
(c) This subsection does not apply to any of the following:
49.141(9)(c)1.
1. A discount or other reduction in price obtained by a provider of services or other entity under
chs. 46 to
51 and
58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under Wisconsin works.
49.141(9)(c)2.
2. An amount paid by an employer to an employee who has a bona fide employment relationship with the employer for employment in the provision of covered items or services.
49.141(10)(a)(a) A provider may not knowingly impose upon a recipient charges in addition to payments received for services under Wisconsin works or knowingly impose direct charges upon a recipient in lieu of obtaining payment under Wisconsin works unless benefits or services are not provided under Wisconsin works and the recipient is advised of this fact prior to receiving the service.
49.141(10)(b)
(b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.141 Cross-reference
Cross-reference: See also ch.
DCF 101, Wis. adm. code.
49.143
49.143
Wisconsin works; agency contracts. 49.143(1)(a)(a) Except as provided in
par. (ar), the department may do any of the following:
49.143(1)(a)1.
1. Award a contract, on the basis of a competitive process approved by the secretary of administration, to any person to administer Wisconsin works in a geographical area determined by the department under
sub. (6). The competitive process shall include cost and prior experience criteria.
49.143(1)(a)2.
2. Contract with a Wisconsin works agency to administer Wisconsin works if that agency has met the performance standards established by the department under
sub. (3), during the immediately preceding contract period.
49.143(1)(ac)1.1. Except for a county department under
s. 46.21,
46.22, or
46.23 or a tribal governing body, a person who submits a bid in a competitive process under
par. (a) 1. shall include with the proposal a filing fee of $50 and a statement of economic interests that discloses all of the following information:
49.143(1)(ac)1.c.
c. All of the person's other clients, as well as a description of the goods or services provided to those clients.
49.143(1)(ac)1.d.
d. The identity of all of the person's subsidiaries, affiliates, and parent companies, if any.
49.143(1)(ac)2.
2. Except for a county department under
s. 46.21,
46.22, or
46.23 or a tribal governing body, a Wisconsin Works agency that enters into a succeeding contract with the department under
par. (a) 2. shall, before executing the succeeding contract, submit to the department a filing fee of $50 and a statement of economic interests that discloses the information specified in
subd. 1. a. to
d.
49.143(1)(ac)3.
3. One year after entering into a contract under
par. (a) 1. or
2., a Wisconsin Works agency that is not a county department under
s. 46.21,
46.22, or
46.23 or a tribal governing body shall submit to the department a filing fee of $50 and an updated statement of economic interests that discloses the information specified in
subd. 1. a. to
d.
49.143(1)(ag)
(ag) A contract entered into under
par. (a) 2. shall be for a term of at least 2 years. A Wisconsin works agency may elect not to enter into a contract under
par. (a) 2. if the Wisconsin works agency informs the department by the date established by the department that the Wisconsin works agency has made that election. A Wisconsin works agency that has not met the performance standards established by the department under
sub. (3) may apply for a contract under the competitive process established under
par. (a) 1.
49.143(1)(ar)
(ar) If the department changes the geographical areas for which a Wisconsin works agency administers Wisconsin works as provided under
sub. (6), the department shall award contracts on the basis of the competitive process established by the department under
par. (a) 1. regardless of whether a Wisconsin works agency has met the performance standards established by the department under
sub. (3) and is eligible to contract with the department under
par. (a) 2.
