49.155(6)(e)3.d.
d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement rate by up to 5 percent.
49.155(6)(e)3.e.
e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may increase the maximum reimbursement rate for such a child care provider by up to 25 percent.
49.155(6)(e)4.
4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from receiving payment under this section.
49.155(6)(e)5.
5. For purposes of modifying reimbursement rates under
subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.
49.155 Cross-reference
Cross-reference: See also s.
DCF 56.06, Wis. adm. code.
49.155(6d)(a)(a) To reduce costs under the program under this section, the department may do any of the following:
49.155(6d)(a)1.
1. Notwithstanding
sub. (1m), implement a waiting list for receipt of a child care subsidy under this section, except that a Wisconsin Works program participant may not be placed on any waiting list implemented under this subdivision.
49.155(6d)(a)2.
2. Notwithstanding
sub. (5), increase the copayment amount that an individual must pay toward the cost of child care received under this section.
49.155(6d)(a)3.
3. Notwithstanding
sub. (6), adjust the amount of reimbursement paid to child care providers providing child care services under this section.
49.155(6d)(a)4.
4. Notwithstanding
sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.
49.155(6d)(b)
(b) If the department intends to take any of the actions under
par. (a), the department shall submit to the joint committee on finance a report that sets out its plan for implementing the cost-saving measures.
49.155(6g)(a)1.1. In this paragraph, "department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.
49.155(6g)(a)2.
2. Except as provided in
subd. 3., the department shall authorize no more than 12 hours of child care per day per child.
49.155(6g)(a)3.
3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.
49.155(6g)(a)4.
4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under
subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.
49.155(6g)(am)
(am) If reimbursement to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
49.155(6g)(am)1.
1. The department shall track a child's hourly usage of child care authorizations over a 6-week period.
49.155(6g)(am)2.
2. If the child's hourly usage tracked under
subd. 1. is less than 60 percent of the authorized hours of child care, the department shall reduce the authorized hours of child care for the child to 90 percent of the maximum number of hours of child care that the child attended during that 6-week period.
49.155(6g)(am)3.
3. The department shall provide written notice of the proposed adjustment under
subd. 2. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable county department or agency.
49.155(6g)(am)4.
4. The department shall provide a grace period after the number of authorized hours are reduced under
subd. 2., during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.
49.155(6g)(b)
(b) The department shall exclude from a child's hourly usage calculation under
par. (am) 2., all of the following:
49.155(6g)(b)1.
1. One week per year of vacation time for the child's child care provider.
49.155(6g)(b)2.
2. One week per year of sick time for the child's child care provider.
49.155(6g)(b)3.
3. Two weeks per year of vacation time for the child's parent who is receiving the subsidy under this section with the child.
49.155(6g)(c)
(c) The department shall promulgate rules that specify how the requirements under this subsection will be implemented.
49.155(6m)
(6m) Child care provider recordkeeping. With respect to attendance records, a child care provider shall do all of the following:
49.155(6m)(a)
(a) Maintain a written record of the daily hours of attendance of each child for whom the provider is providing care under this section, including the actual arrival and departure times for each child.
49.155(6m)(b)
(b) Retain the written daily attendance records under
par. (a) for each child for at least 3 years after the child's last day of attendance, regardless of whether the child care provider is still receiving or eligible to receive payments under this section.
49.155(7)
(7) Refusal to pay child care providers. 49.155(7)(a)1.1. If a child care provider is convicted of a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department or the county department under
s. 46.215,
46.22, or
46.23 shall refuse to pay the child care provider for any child care provided under this section beginning on the date of the conviction or delinquency adjudication.
49.155(7)(a)2.
2. If a child care provider is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in
s. 48.685 (1) (c) 3m., or if a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department or the county department under
s. 46.215,
46.22, or
46.23 shall immediately suspend payment to the child care provider for any child care provided under this section until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to receive such a payment.
49.155(7)(b)
(b) 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 or to a caregiver specified in
s. 48.685 (1) (ag) 1. a. or nonclient resident, as defined in
s. 48.685 (1) (bm), of the child care provider:
49.155(7)(b)1.
1. The person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for committing an offense that is not a serious crime, as defined in
s. 48.685 (1) (c) 3m., but the department, county department, agency contracted with under
s. 48.651 (2), or school board determines under
s. 48.685 (5m) that the offense substantially relates to the care of children or the department or county department determines that the offense substantially relates to the operation of a business.
49.155(7)(b)2.
2. The person is a caregiver specified in
s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in
s. 48.685 (1) (bm), and is the subject of a pending criminal charge that the department, county department, agency contracted with under
s. 48.651 (2), or school board determines substantially relates to the care of children.
49.155(7)(b)3.
3. The person has been determined under
s. 48.981 to have abused or neglected a child.
49.155(7)(b)4.
4. The department or county department reasonably suspects that the person has violated any provision under the program under this section or any rule promulgated under this section.
49.155(7m)(a)(a) The department shall by rule establish policies and procedures permitting the department to do all of the following if a child care provider submits false, misleading, or irregular information to the department or if a child care provider fails to comply with the terms of the program under this section and fails to provide to the satisfaction of the department an explanation for the noncompliance:
49.155(7m)(a)2.
2. Withhold payments to be made to the child care provider.
49.155(7m)(b)
(b) The penalties under
par. (a) may be imposed on any child care provider subject to this section. Any officer, director, or employee of a child care provider that is a corporation, and any member, manager, or employee of a child care provider that is a limited liability company, who holds at least 20 percent of the ownership interest of the corporation or limited liability company and who has control or supervision of or responsibility for operating the child care business, including reporting for and receipt of payments under this section, may be found personally liable for such amounts, including overpayments made under this section, if the business, corporation, or limited liability company is unable to pay such amounts to the department. Ownership interest of a corporation or limited liability company includes ownership or control, directly or indirectly, by legally enforceable means or otherwise, by the individual, by the individual's spouse or child, by the individual's parent if the individual is under age 18, or by a combination of 2 or more of them, and such ownership interest of a parent corporation or limited liability company of which the corporation or limited liability company unable to pay such amounts is a wholly owned subsidiary. The personal liability of the officers, directors, and employees of a corporation and of the members, managers, and employees of a limited liability company as provided in this paragraph is an independent obligation and survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the corporation or limited liability company.
49.155 History
History: 1995 a. 289;
1997 a. 27, s.
1766 to
1775,
1838 to
1857;
1997 a. 41,
105,
237,
252;
1999 a. 9;
2001 a. 16;
2003 a. 33;
2005 a. 25,
165;
2007 a. 20;
2009 a. 28,
76,
77,
185;
2011 a. 32,
120,
158,
202.
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 or is receiving case management services under
s. 49.147 (2) (am) 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, and who does not satisfy the requirements under
s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin Works agency.
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.
49.162
49.162
Transitional jobs demonstration project. 49.162(2)
(2) Subject to
sub. (3) (b), the department shall conduct a demonstration project, beginning on January 1, 2010, that offers transitional jobs to low-income adults. To be eligible to participate in the demonstration project, an individual must satisfy all of the following criteria:
49.162(2)(a)
(a) Be at least 21 but not more than 64 years of age.
49.162(2)(c)
(c) Have an annual household income that is below 150 percent of the poverty line.
49.162(2)(e)
(e) Be ineligible to receive unemployment insurance benefits.
49.162(3)(a)(a) The department shall provide transitional jobs under the demonstration project.
49.162 Note
NOTE: Par. (a) is amended by
2009 Wis. Act 333, s.
10, effective the date stated in the notice published by the department of children and families under Act 333, s. 20 (2), to read:
Effective date text
(a) The department shall provide up to 2,500 transitional jobs under the demonstration project. The jobs shall be allocated among Milwaukee County, Dane County, Racine County, Kenosha County, Rock County, Brown County, and other regions of the state, as determined by the department, in the same proportion as the total number of Wisconsin Works participants are allocated among those counties and other regions as of June 30, 2009.
49.162(3)(am)
(am) The demonstration project shall include all of the following features and requirements:
49.162(3)(am)1.
1. The department shall pay a wage subsidy to any employer that employs an individual under this section for a minimum of 20 hours per week at a location in this state. The wage subsidy shall equal the amount of wages that the employer actually pays the individual, up to 40 hours per week at minimum wage.
49.162(3)(am)2.
2. An employer that employs an individual under this section shall pay the individual for hours actually worked, up to 40 hours per week, at not less than minimum wage.
49.162(3)(am)3.
3. An individual may participate in the demonstration project for a maximum of 1,040 hours actually worked.
49.162(3)(am)4.
4. The employment of an individual under this section may not do any of the following:
49.162(3)(am)4.a.
a. 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 this section.
49.162(3)(am)4.b.
b. 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.
49.162(3)(am)4.c.
c. 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.
49.162 Note
NOTE: Par. (am) is repealed by
2009 Wis. Act 333, s.
12, effective the date stated in the notice published by the department of children and families under Act 333, s. 20 (2).
49.162(3)(b)
(b) The department shall seek federal funds to pay for the cost of operating the demonstration project, and may conduct the project only to the extent that the department obtains federal funds.
49.162(3)(c)
(c) The department shall promulgate rules for the operation of the demonstration project under this section.
