— Changes who conducts the department review of a complaint of employment displacement by a Wisconsin Works employment position under s. DCF 101.055 from the administrator of the department’s Division of Family and Economic Security to the Division of Hearings and Appeals. — Adds the definition of domestic abuse when screening for domestic abuse to the provision that requires a Wisconsin works agency to keep all information that it receives regarding victims of domestic abuse strictly confidential except to the extent needed to administer Wisconsin works. The current confidentiality provision in s. DCF 101.08 (2) applies only to domestic abuse as defined in ss. 968.075 (1) and 813.12 (1) (am), Stats., for purposes of arrest and prosecution and restraining orders and injunctions. — Repeals the requirement that a trial job employer process a participant’s request for an advance payment of a federal earned income credit payment under section 3507 of the Internal Revenue Code. Pub. L. 111-226 repealed section 3507 of the Internal Revenue Code. — Incorporates updates to s. 49.147 (4) to (6), Stats., by adding cross-references to the new statutory provisions in s. DCF 101.16 on community service jobs and transitional jobs, and creating a note following s. DCF 101.17 on job access loans. — Moves language on good cause for failing to appear at a scheduled review from the review section to the good cause section.
— Repeals DCF 101.22, relating to review of agency decisions, which conflicts with s. 49.152, Stats. — Repeals s. DCF 101.24, relating to noncustodial, minor and other parents, which conflicts with s. 49.159, Stats. Summary of Factual Data and Analytical Methodologies
The focus of the proposed rule is to update rules that are duplicative of, superseded by, or in conflict with another rule or a state statute.
Summary of Related Federal Law
Not applicable
Comparison to Adjacent States
Not applicable
Effect on Small Businesses
The proposed rule does not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
The impact of the proposed rule is limited to agencies administering the Wisconsin works program and families and individuals participating in the Wisconsin works program. No Wisconsin works agency is a small business as defined s. 227.114 (1), Stats. Agency Contact
SECTION 1. DCF 101.03 (4) is amended to read:
DCF 101.03 (4) “Case management” means the family-centered and goal-oriented process for assessing the needs of a Wisconsin works group member and his or her the group member’s family for employment, training, and supportive services and assisting the Wisconsin works group member in obtaining services to achieve self-sufficiency.
SECTION 2. DCF 101.03 (4m) is created to read:
DCF 101.03 (4m) “Child care administrative agency” means any of the following:
(a) An agency that has a contract with the department to administer the child care subsidy program.
(b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.
(c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats. SECTION 3. DCF 101.03 (7) and (15) are amended to read:
DCF 101.03 (7) “Component of Wisconsin works” means a trial employment match program job, community service job, transitional placement, or unsubsidized employment.
(15) “Incapacitated” means having a medically-determined physical or mental impairment which that has been verified by the department’s department of workforce development’s division of vocational rehabilitation or other similar agency or business and which that prevents the person from temporarily or permanently holding full-time unsubsidized employment or participating in a trial employment match program job or CSJ.
SECTION 4. DCF 101.03 (17) and (18) are repealed.
SECTION 5. DCF 101.03 (24), (26), (27), (34), (39), and (40) are repealed and recreated to read:
DCF 101.03 (24) “Minimum wage” has meaning given in s. 49.141 (1) (g), Stats. (26) “Nonmarital parent” has the meaning given in s. 49.141 (1) (i), Stats. (34) “Trial employment match program job” has the meaning given in s. 49.141 (1) (n), Stats. (39) “Wisconsin works employment position” has the meaning given in s. 49.141 (1) (r), Stats. (40) “Wisconsin works group” has the meaning given in s. 49.141 (1) (s), Stats. SECTION 6. DCF 101.04 (2) (Note) is amended to read:
DCF 101.04 (2) Note: An individual may contact the local W-2 agency or the local county or tribal department of human services or social services for assistance in determining which geographical area he or she the individual resides in and the address and phone number of the W-2 agency in his or her the individual’s geographical area.
SECTION 7. DCF 101.05 (5) and (6) are repealed.
SECTION 8. DCF 101.05 (10) is repealed and recreated to read:
DCF 101.05 (10) Refer individuals who need child care assistance to the local child care administrative agency.
SECTION 9. DCF 101.055 (6) is amended to read:
DCF 101.055 (6) Department review. A party may file a written request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the administrator of the department’s division of family and economic security or a designee department of administration’s division of hearings and appeals. The department’s final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
SECTION 10. DCF 101.055 (6) (Note) is repealed and recreated to read:
DCF 101.055 (6) (Note) A request for departmental review may be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.
SECTION 11. DCF 101.08 (2) is amended to read:
DCF 101.08 (2) The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse as defined in ss. DCF 101.03 (11) and 101.15 (3) (a) strictly confidential, except to the extent needed to administer Wisconsin works. SECTION 12. DCF 101.09 (2) (c) (intro.), (m), and (q) are amended to read:
DCF 101.09 (2) (c) (intro.) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if he or she the individual is any of the following:
(m) The individual reports any change in circumstances that may affect his or her the individual’s eligibility to the Wisconsin works agency within 10 days after the change.
(q) The individual cooperates in the requirement to search for unsubsidized employment throughout his or her the individual’s participation in a W-2 Wisconsin works employment position.
SECTION 13. DCF 101.10 (1) (c) is amended to read:
DCF 101.10 (1) (c) The custodial parent continues to exercise responsibility for the care and control of the child. A dependent child who If an individual is receiving kinship care payments under s. 48.57 (3m), Stats., for the care of the child, the child is not considered to be under the care and control of the custodial parent. SECTION 14. DCF 101.11 (1) is amended to read:
DCF 101.11 (1) The W-2 agency shall verify that an individual meets nonfinancial and financial eligibility criteria under s. DCF 101.09 (2) and (3) prior to placing an the individual in a W-2 employment position, nonfinancial and financial eligibility criteria under s. 49.155 (1m), Stats., and s. DCF 101.26 prior to providing a child care subsidy or other appropriate eligibility criteria prior to providing any other W-2 benefit or service. SECTION 15. DCF 101.14 (2) (intro.), (c), and (d) are amended to read:
DCF 101.14 (2) Trial employment match program job. (intro.) A An employer that employs a participant in the trial job employer employment match program shall agree to do all of the following:
(c) Provide the participant with worker’s compensation coverage. If the trial job employer is required to provide worker’s compensation insurance for its unsubsidized employees, the trial job employer shall provide the same level of coverage for the trial job participants.
(d) Inform the participant of his or her the participant’s possible eligibility for federal and state earned income credit and process, a participant’s request for advance payments of federal earned income credit under section 3507 of the internal revenue code tax credits. SECTION 16. DCF 101.15 (3) (b) 2. and 3. are amended to read:
DCF 101.15 (3) (b) 2. If a W-2 participant was not screened during his or her the participant’s initial employability planning process, a W-2 agency shall administer a screening to assess the potential that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse at the participant’s next review or at the time of the participant’s next change of employment placement, whichever is sooner.
3. A W-2 agency shall allow an individual to voluntarily and confidentially disclose that he or she the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.
SECTION 17. DCF 101.16 (1) (a) 1. and 3. and (b), (2) (title), (a), (b) 1., (c), and (e) 1., (3) (c) 1. and (e) 2., and (4) (a) 1. and (e) 1. are amended to read:
DCF 101.16 (1) (a) 1. An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that his or her the individual’s application is being processed as a condition of eligibility.
