Chapter 49

49.1515 49.1515 Determining nonparticipation.

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 (1m) (a), (b), (c), (d), (e), or (f) is demonstrating a refusal to participate.

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; 2011 a. 32; 2015 a. 55.

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, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position 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) (2) 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)1. 1. Withdraws the petition in writing.

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) (3) Remedies.

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 or inappropriately provided case management services under s. 49.147 (2) (am) in lieu of placement in a 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; 2011 a. 32.

49.152 Cross-reference Cross-reference: See also s. DCF 101.07, Wis. adm. code.

49.153 49.153 Notice before taking certain actions.

49.153(1) (1) Written and oral notice. Except as provided in sub. (1m), 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)(a) (a) 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 notice under par. (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

49.153(1m) (1m) Notice not required. A Wisconsin Works agency is not required to comply with the requirements under sub. (1) if the action taken against a participant is a result of the participant no longer meeting the eligibility criteria under s. 49.145 (2) (a), (b), (c), (d), (g), (i), (j), (m), (q), (r), or (rm) or (3).

49.153(2) (2) Rules. The department shall promulgate rules that establish procedures for the notice under sub. (1) (a) and that define “reasonable time” for the purpose of sub. (1) (c).

49.153 History History: 2005 a. 25; 2009 a. 28, 276; 2011 a. 32; 2015 a. 55.

49.155 49.155 Wisconsin Shares; child care subsidy.

49.155(1) (1) Definitions. In this section, except as otherwise provided:

49.155(1)(ag) (ag) “Child care provider” means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

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)(bm) (bm) “Liquid assets” means an individual’s financial resources that are cash or can be quickly converted to cash without incurring penalties, including cash on hand, as well as funds in checking, savings, money market, and credit union share accounts. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for purposes of sub. (1m) (cm).

49.155(1)(c) (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)(cm) (cm) “Temporary break” means an individual’s time-limited absence from an authorized activity due to illness, leave to care for an individual’s family member, a student or holiday break, an interruption in work for a seasonal worker who is not working between regular industry work seasons, or any other cessation of an authorized activity as long as the individual continues to be employed or enrolled in the authorized activity and the absence does not exceed 3 months.

49.155(1)(d) (d) “Tribal governing body” means an elected governing body of a federally recognized American Indian tribe.

49.155(1d) (1d) Child care quality of care standards. 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 $3,975,000 per fiscal year.

49.155(1g)(bc) (bc) Grants under s. 49.134 (2) in the amount of at least $2,598,600 per fiscal year for child care resource and referral services.

49.155(1g)(c) (c) Child care licensing activities.

49.155(1g)(d) (d) Grants under s. 49.137 (4m).

49.155(1g)(e) (e) Contracts under s. 49.137 (4) for training and technical assistance.

49.155(1g)(f) (f) The department’s share of the costs for the Child Care Information Center operated by the division for libraries and technology in the department of public instruction.

49.155(1g)(g) (g) Contracts and grants to implement the child care quality rating system under s. 48.659.

49.155(1g)(h) (h) In fiscal year 2024-25, a grant to support development and expansion of the Wisconsin Early Education Shared Services Network, in the amount of at least $2,500,000.

49.155(1g)(i) (i) Increases to the maximum payment rates paid to child care providers on the basis of a provider’s quality rating under sub. (6) (e) 3. d. and e.

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 sub. (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of 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, and subject to sub. (2), 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) Subject to sub. (2), 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 participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual’s eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

49.155(1m)(a)1. 1. Meeting the school attendance requirement under s. 49.26 (1) (ge).

49.155(1m)(a)1m. 1m. Obtaining a high school diploma or participating 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.a. a. The individual is 18 or 19 years of age.

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 provider under s. 48.57 (3m) or with a long-term kinship care provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.623, a group home, or an independent living arrangement supervised by an adult.

Effective date note NOTE: Subd. 1m. b. is shown as amended by 2023 Wis. Act 119 eff. 7-1-25 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122 (1), whichever is earlier. Prior to that date subd. 1m. b. reads:

Effective date text 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. 48.623, a group home, or an independent living arrangement supervised by an adult.

49.155(1m)(a)2. 2. Working in an unsubsidized job, including training provided by an employer during the regular hours of employment.

49.155(1m)(a)3. 3. Working in a Wisconsin works employment position, including participation in job search, orientation, and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am), or (5) (bm).

49.155(1m)(a)3m. 3m. Participating 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)3r. 3r. Participating in the Transform Milwaukee Jobs program, or the Transitional Jobs program, under s. 49.163.

49.155(1m)(a)4. 4. Participating 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, if the department or the county department or agency determining eligibility determines that basic education would facilitate the individual’s efforts to maintain employment. An individual may receive aid under this subdivision for up to 2 years.

49.155(1m)(a)5. 5. Participating in a course of study at a technical college, or participating in educational courses that provide an employment skill, as determined by the department, if the department or the county department or agency determining eligibility 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.

49.155(1m)(a)6. 6. Taking a temporary break from an authorized activity specified in subds. 1. to 5.

49.155(1m)(b) (b) Except as provided in par. (bm), the individual meets the eligibility criteria under all of the following:

49.155(1m)(b)1. 1. Section 49.145 (2) (f) and (g).

49.155(1m)(b)2. 2. Section 49.145 (2) (s).

49.155(1m)(bm) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.623, or if the individual is a foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).

49.155(1m)(br) (br) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion.

49.155(1m)(c) (c)

49.155(1m)(c)1. 1. Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the department or county department or agency determining eligibility shall include the sum of the following:

49.155(1m)(c)1.a. a. Net earnings reported to the Internal Revenue Service.

49.155(1m)(c)1.b. b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capital equipment and payments on the principal of loans.

49.155(1m)(c)1d. 1d.

49.155(1m)(c)1d.a. a. Notwithstanding sub. (5) (b), if the individual is already receiving a child care subsidy under this section and the gross income of the individual’s family exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $3 by which the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family. Beginning in fiscal year 2024-25, to the extent that the individual’s family’s gross income exceeds 200 percent of the poverty line for a family the size of the individual’s family, the individual’s copayment amount under sub. (5) increases by $1 for every $5.

49.155(1m)(c)1d.b. b. Notwithstanding subd. 1d. a., if the gross income of an individual’s family exceeds 85 percent of the state median income for a family the size of the individual’s family, the individual is not eligible to receive a child care subsidy under this section.

49.155(1m)(c)1g. 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child’s biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

49.155(1m)(c)1h. 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child’s biological or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

49.155(1m)(c)1m. 1m. If the individual was eligible under s. 49.132 (4) (a), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), 1995 stats., the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. This subdivision does not apply to an individual whose family’s gross income at any time on or after September 30, 1997, is more than 200 percent of the poverty line for a family the size of the individual’s family.

49.155(1m)(c)2. 2. If the individual was eligible under s. 49.132 (4) (am), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. This subdivision does not apply to an individual whose family’s gross income increased to more than 200 percent of the poverty line for a family the size of the individual’s family.

49.155(1m)(c)3. 3. If the individual was eligible for a child care subsidy under s. 49.191 (2), 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. This subdivision does not apply to an individual whose family’s gross income increased to more than 200 percent of the poverty line for a family the size of the individual’s family.

49.155(1m)(cm) (cm) The total liquid assets of the individual’s family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:

49.155(1m)(cm)1. 1. A foster parent of the child.

49.155(1m)(cm)2. 2. A subsidized guardian or interim caretaker of the child under s. 48.623.

49.155(1m)(cm)3. 3. A relative of the child who is providing care for the child under a court order and receiving payments under s. 48.57 (3m) or (3n) on behalf of the child.

49.155(1m)(cr) (cr) Except as provided under sub. (2m), the individual’s family meets all of the following asset restrictions:

49.155(1m)(cr)1. 1. The individual’s family owns no more than one home, which is used as the individual’s primary residence, and which is valued at no more than 200 percent of the statewide median value for homes. In calculating the value of a home under this subdivision, the value of any agricultural land owned by the individual’s family shall be excluded.

49.155(1m)(cr)2. 2. The combined equity value of any vehicles, except those used for business purposes, owned by the individual’s family is no more than $20,000.