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.
49.162(3)(d)
(d) Within 30 days after the end of each calendar quarter, the department shall submit a report to the joint committee on finance that outlines the department's progress in implementing the demonstration project as described in
par. (am) and that identifies the employers participating in the demonstration project. The report under this paragraph may be combined with the report under
s. 49.147 (3) (dm).
Effective date note
NOTE: Par. (d) is repealed by
2009 Wis. Act 333, s.
14, effective the date stated in the notice published by the department of children and families under Act 333, s. 20 (2). Section 49.147 (3) (dm) was repealed eff. 10-1-10.
Effective date note
NOTE: Section 49.162 is repealed eff. 7-1-13 by
2011 Wis. Act 32.
49.162 History
History: 2009 a. 28,
333;
2011 a. 32.
49.162 Cross-reference
Cross-reference: See also ch.
DHS 110, 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:
49.165(2)(a)(a) The secretary shall make grants from the appropriation accounts under
s. 20.437 (1) (cd) and
(hh) to organizations for the provision of any of the services specified in
sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
49.165(2)(b)
(b) In reviewing applications for grants, the department shall consider:
49.165(2)(b)1.
1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.
49.165(2)(b)2.
2. Coordination of the organization's services with other resources in the community and the state.
49.165(2)(b)3.
3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s.
140.83 (1), 1985 stats.
49.165(2)(b)5.
5. Maintenance of effort, by a city, village, town or county.
49.165(2)(c)
(c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:
