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, as determined under guidelines promulgated under
s. 49.1515, in any Wisconsin Works employment position component is ineligible to participate in the Wisconsin Works program for 3 months. A participant is also ineligible to participate in the Wisconsin Works program if an individual in the participant's Wisconsin Works group is subject to the work requirement under
s. 49.15 (2) and refuses to participate as required. 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) 1m. to
4., 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 Cross-reference
Cross-reference: See also ss.
DCF 101.20 and
101.21, Wis. adm. code.
49.1515
49.1515
Determining nonparticipation without good cause. 49.1515(1)(1)
Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in
s. 49.151 (1) (a),
(b),
(c),
(d), or
(e) is demonstrating a refusal to participate.
49.1515(2)
(2) Actions before determination. Before determining under
s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:
49.1515(2)(a)
(a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.
49.1515(2)(b)
(b) Ensure that the services offered to the participant or individual are appropriate for him or her.
49.1515(2)(c)
(c) Determine whether good cause exists for the failure to participate.
49.1515(3)
(3) Conciliation period for compliance. 49.1515(3)(a)(a) If a Wisconsin Works agency, in accordance with rules promulgated under
sub. (1) and after taking the steps required under
sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.
49.1515(3)(b)
(b) The department shall by rule establish the length of time for a conciliation period.
49.1515(4)
(4) Emergency rules prohibited. Notwithstanding
s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under
s. 227.24.
49.1515 History
History: 2009 a. 28.
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)(am)
(am) 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)(bm)
(bm) After providing the explanation under
par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.
49.153(1)(c)
(c) After providing the explanation or the attempts to provide an explanation under
par. (am) and the notice under
par. (bm), if the participant has not already been afforded a conciliation period under
s. 49.1515 (3) 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) (am) and "reasonable time" for the purpose of
sub. (1) (c).
49.153 History
History: 2005 a. 25;
2009 a. 28,
276.
49.155
49.155
Wisconsin Shares; child care subsidy. 49.155(1)
(1)
Definitions. In this section, except as otherwise provided:
49.155(1)(ah)
(ah) "County department or agency" means a county department under
s. 46.215,
46.22, or
46.23, the unit, as defined in
s. 49.825 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.
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.
Effective date note
NOTE: Par. (c) is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
Effective date text
(c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, 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) (b) or
(c), 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 child 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 child 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) Child care allocations. Within the limits of the availability of the federal child care and development block grant funds received under
42 USC 9858, the department shall allocate funding in each fiscal year for all of the following:
49.155(1g)(ac)
(ac) A child care scholarship and bonus program, in the amount of at least $3,475,000 per fiscal year.
49.155(1g)(bc)
(bc) Grants under
s. 49.134 (2) for child care resource and referral services, in the amount of at least $1,298,600 per fiscal year.
49.155(1g)(c)
(c) Child care licensing activities, in the amount of at least $5,763,900 per fiscal year.
49.155(1g)(f)
(f) The department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.
49.155(1h)
(1h) Prohibition on transfer of funds. For purposes of the maximum spending amount under
sub. (1g) (ac), the department shall not transfer any federal Temporary Assistance for Needy Families block grant funds received by the department to federal Child Care and Development block grant funds received by the department.
49.155(1j)
(1j) Unanticipated federal funds. If the department receives unanticipated federal child care and development block grant funds under
42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in
sub. (1g) is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of his or her submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding any allocation limit under
sub. (1g). If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
sub. (1g), only with the approval of the committee.
49.155(1m)
(1m) Eligibility. Except as provided in
s. 49.155 (3g), the department shall contract with a county department or agency to determine the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
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 relative who, under
s. 48.57 (3m) or
(3n) or
48.62, 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.
Effective date note
NOTE: Subd. 1m. b. is amended by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:
49.155 Note
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 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.
