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;
2013 a. 20,
113,
170.
49.155 Cross-reference
Cross-reference: See also ch.
DCF 201 and s.
DCF 101.26, Wis. adm. code.
49.155 Annotation
It was reasonable for the department to construe sub. (1m) (a) 2. as limiting eligible employment to only "qualified" employers, meaning legitimate employers with a verified legal status. It is reasonable to expect that eligibility for child-care benefits requires legitimate, documented employment with an employer who complies with legal employment requirements. Mata v. Department of Children and Families,
2014 WI App 69, ___ Wis. 2d ___, ___ N.W.2d ___,
13-2013.
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)(a)(a) 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 and benefits under
par. (b) if the individual is subject to a child support order and any of the following applies to the custodial parent of the dependent child:
49.159(1)(a)2.
2. The custodial parent is participating in a Wisconsin Works employment position.
49.159(1)(a)4.
4. The custodial parent is receiving a subsidy for child care for the dependent child under
s. 49.155.
49.159(1)(b)
(b) A Wisconsin Works agency may provide to an individual who is eligible under
par. (a) any of the following services or benefits:
49.159(1)(b)1.
1. Job search assistance and case management designed to enable the individual to obtain and retain employment.
49.159(1)(b)3.
3. A stipend in an amount determined by the Wisconsin Works agency for not more than 4 months. A stipend under this subdivision terminates if the individual is placed in a job under
s. 49.147 (3) or obtains unsubsidized employment, as defined in
s. 49.147 (1).
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 employment match program 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.
49.163
49.163
Transform Milwaukee Jobs program and Transitional Jobs program. 49.163(1)(am)
(am) "Program" means the Transform Milwaukee Jobs program, or the Transitional Jobs program, under this section.
49.163(2)(a)(a) The department shall establish a Transform Milwaukee Jobs program in Milwaukee County and, if funding is available, may establish a Transitional Jobs program outside of Milwaukee County. To the extent of available funds, the department shall conduct the Transitional Jobs program, if established, in one or more geographic areas in the state that are not in Milwaukee County. In selecting the geographic area or areas in which to conduct the Transitional Jobs program, the department shall give priority to those areas with relatively high rates of unemployment and childhood poverty.
49.163(2)(am)
(am) To be eligible to participate in the program, an individual must satisfy all of the following criteria:
49.163(2)(am)2.
2. If over 24 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.
49.163(2)(am)3.
3. Have an annual household income that is below 150 percent of the poverty line.
49.163(2)(am)5.
5. Be ineligible to receive unemployment insurance benefits.
49.163(2)(am)6.
6. Not be participating in a Wisconsin Works employment position.
49.163(2)(b)
(b) For purposes of
par. (am) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual's own income over a period determined by the department and shall not include the household income of the individual's foster parents.
49.163(2)(c)
(c) The department may establish additional eligibility criteria consistent with its mission and the funding available.
49.163(3)(a)(a) The program under this section shall include all of the following features and requirements:
49.163(3)(a)1.
1. An individual may participate in the program for a maximum of 1,040 hours actually worked.
49.163(3)(a)2.
2. The department shall determine and specify in a contract whether a contractor under
sub. (4) or an employer is the individual's employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.
49.163(3)(a)3.
3. The department may reimburse an employer, or a contractor under
sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:
49.163(3)(a)3.a.
a. A wage subsidy equal to the amount of wages that the employer or contractor pays to the individual for hours actually worked, not to exceed 40 hours per week at the federal or state minimum wage that applies to the individual.
49.163(3)(a)3.c.
c. State and federal unemployment insurance contributions or taxes, if any.
49.163(3)(a)4.
4. An employer, or, subject to the approval of the department, a contractor under
sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under
subd. 3. a.
49.163(3)(a)5.
5. The employment of an individual under this section may not do any of the following:
49.163(3)(a)5.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.
49.163(3)(a)5.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.
49.163(3)(a)5.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.
49.163(3)(b)
(b) The department may set priorities for the program consistent with its mission and available funding.
49.163(4)
(4) Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under
s. 46.215,
46.22, or
46.23; local workforce development board established under
29 USC 2832; or community action agency under
s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:
49.163(4)(a)
(a) Determine the eligibility of applicants for the program.
49.163(4)(b)
(b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.
49.163(4)(d)
(d) Provide employment services, as specified by the department, for program participants.
49.163(4)(e)
(e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.
49.163(5)(a)(a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under
sub. (2) (am).
49.163(5)(b)
(b) The department shall recover from a contractor under
sub. (4) any overpayment resulting from the failure of the contractor to comply with the terms of the contract or to meet performance standards established by the department.
49.163(6)
(6) Rules not required. Notwithstanding
s. 227.10 (1), the department need not promulgate regulations, standards, or policies related to implementing or administering the program under this section as rules under
ch. 227.
49.163 History
History: 2013 a. 20,
113;
2013 a. 151 s.
27.
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.
