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DCF 101.09(2)(c) (c) 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 is any of the following:
DCF 101.09(2)(c)1. 1. An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act, 8 USC 1101 et seq.
DCF 101.09(2)(c)2. 2. An alien who is granted asylum under section 208 of the immigration and nationality act, 8 USC 1158.
DCF 101.09(2)(c)3. 3. A refugee who is admitted to the United States under section 207 of the immigration and nationality act, 8 USC 1157.
DCF 101.09(2)(c)4. 4. An alien who has been certified as a victim of trafficking under 22 USC 7105(b)(1)(E).
DCF 101.09(2)(c)5. 5. An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act, 8 USC 1182(d)(5), for a period of at least one year.
DCF 101.09(2)(c)6. 6. An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act, 8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act, 8 USC 1231(b)(3).
DCF 101.09(2)(c)7. 7. An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980, 8 USC 1522(note).
DCF 101.09(2)(c)8. 8. An American Indian born in Canada who is at least 50% American Indian by blood.
DCF 101.09(2)(c)9. 9. An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe.
DCF 101.09(2)(c)10. 10. An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 USC 1641(c).
DCF 101.09(2)(c)11. 11. An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act, 8 USC 1153(a)(7), as in effect prior to April 1, 1980.
DCF 101.09(2)(c)12. 12. An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988, 8 USC 1101(note).
DCF 101.09(2)(c)13. 13. An alien who is lawfully residing in the United States and is one of the following:
DCF 101.09(2)(c)13.a. a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 USC 1173, early discharge under 10 USC 1171, or a discharge due to a disability incurred or aggravated in the line of duty.
DCF 101.09(2)(c)13.b. b. On active duty in the armed forces of the United States, other than active duty for training.
DCF 101.09(2)(c)13.c. c. The spouse of an individual described in subd. 13. a. or b., or the unremarried surviving spouse of an individual described in subd. 13. a. or b. if the marriage was for one year or more or the individuals had a child in common.
DCF 101.09(2)(c)14. 14. An alien who is lawfully residing in the United States and authorized to work by the immigration and naturalization service.
DCF 101.09(2)(d) (d) The individual has residence in this state.
DCF 101.09(2)(e)1.1. Subject to subd. 2. and ch. DCF 102, every parent in the individual's Wisconsin works group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible unless the W-2 agency determines that the parent has good cause for failing to cooperate pursuant to ch. DCF 102.
DCF 101.09(2)(e)2. 2. An individual who is a member of a Wisconsin works group that fails 3 times without good cause to meet the requirements in ch. DCF 102 remains ineligible until all the members of the Wisconsin works group cooperate or for a period of 6 months, whichever is later.
DCF 101.09(2)(f) (f) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary under s. DCF 101.08 within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7 working day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.
DCF 101.09(2)(g) (g) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain unsubsidized employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application for a W-2 employment position.
DCF 101.09(2)(h) (h) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining unsubsidized employment.
DCF 101.09(2)(i) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats.
DCF 101.09(2)(j) (j) The individual is not receiving social security disability insurance under 42 USC 401 to 433.
DCF 101.09(2)(k) (k) On the last day of the month, the individual is not participating in a strike.
DCF 101.09(2)(L) (L) The individual applies for or provides a social security account number.
DCF 101.09(2)(m) (m) The individual reports any change in circumstances that may affect his or her eligibility to the Wisconsin works agency within 10 days after the change.
DCF 101.09(2)(n) (n) Beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual, or any other adult member of the Wisconsin works group, has actively participated in the JOBS program, has participated in a Wisconsin works employment position, or has participated in any TANF-funded program in this state or any other state and has received TANF cash assistance while in that program does not exceed 60 months. The months need not be consecutive. For purposes of determining the number of monthly benefit payments permitted under s. 49.145 (2) (n), Stats., and this section, a JOBS program participant or W–2 participant shall be considered to have received a monthly benefit in a month in which, as a result of a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21, a reduced monthly AFDC or W–2 benefit or no monthly AFDC or W–2 benefit is paid. Participation in the job opportunities and basic skills program under s. 49.193, 1997 Stats., on or after October 1, 1996, counts toward the 60–month limit. A Wisconsin works agency may extend the time limit only if the Wisconsin works agency determines that unusual circumstances exist that warrant an extension of the participation period. The department may review, approve or overturn a W–2 agency's decision related to an extension of the 60–month limit. In this paragraph, “unusual circumstances" means any of the following:
DCF 101.09(2)(n)1. 1. A W-2 participant is unable to work because of personal disability or incapacitation, or is needed as determined by the agency to remain at home to care for a member of the W-2 group whose incapacity is so severe that without in-home care provided by the W-2 participant, the incapacitated W-2 group member's health and well-being would be significantly affected.
DCF 101.09(2)(n)2. 2. A W-2 participant has significant limitations to employment such as any of the following:
DCF 101.09(2)(n)2.a. a. Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment, but are not sufficient to meet the criteria for eligibility for supplemental security income under 42 USC 1381 to 1383c or social security disability insurance under 42 USC 401 to 433.
DCF 101.09(2)(n)2.b. b. Family problems of such severity that they prevent the W-2 participant from obtaining or retaining unsubsidized employment.
DCF 101.09(2)(n)3. 3. The W-2 participant has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity. In this subdivision, “reasonable job opportunity" means a job that pays minimum wage, and conforms to all applicable federal and state laws.
DCF 101.09(2)(o) (o) No other individual in the W-2 group is a participant in a W-2 employment position. This paragraph does not apply to an individual applying for a job access loan.
DCF 101.09(2)(p) (p) The individual cooperates in providing information needed to verify enrollment information or good cause for the Learnfare program under s. 49.26, Stats., and s. DCF 101.25.
DCF 101.09(2)(q) (q) The individual cooperates in the requirement to search for unsubsidized employment throughout his or her participation in a W-2 employment position.
DCF 101.09(2)(r) (r) The individual cooperates in applying for other public assistance programs or resources that the FEP believes may be available to the individual.
DCF 101.09(2)(s) (s) The individual cooperates with providing eligibility information under this chapter for other members of the W-2 group.
DCF 101.09(3) (3) Financial eligibility requirements. An individual is eligible for a W-2 employment position and a job access loan only if all of the following financial eligibility requirements are met:
DCF 101.09(3)(a) (a) Resource limitations. The individual is a member of a W-2 group whose assets do not exceed $2,500 in combined equity value. In determining the combined equity value of assets, the W-2 agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home that serves as the homestead for the W-2 group. When an individual is a sponsored alien pursuant to 8 USC 1183a, the sponsor's resources shall be attributed to the sponsored alien as provided under 8 USC 1631. In this paragraph, “equity value of vehicles" means the wholesale value as given in a standard guide on motor vehicle values or the value as estimated by a sales representative at a local car dealership minus any encumbrances which are legally debts.
DCF 101.09(3)(b) (b) Income limitations.
DCF 101.09(3)(b)1.1. The individual is a member of a W-2 group whose gross income is at or below 115% of the poverty line. In this subdivision, “gross income" does not include any payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program.
DCF 101.09(3)(b)2. 2. Except as provided in subd. 1., in calculating gross income, the W-2 agency shall include all of the following:
DCF 101.09(3)(b)2.a. a. All earned and unearned income of the individual except any federal earned income credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6), Stats., any state earned income credit received under s. 71.07 (9e), Stats., any federal earned income credit payment made by an employer under section 3507 of the internal revenue code, any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any W–2 employment position wages or benefits under s. 49.148, Stats. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.
DCF 101.09 Note Note: Section 3507 of the Internal Revenue Code has been repealed, so advance payments of an individual's federal earned income tax credit are no longer available.
DCF 101.09(3)(b)2.c. c. The income of a nonmarital coparent or of the individual's spouse, if the spouse resides in the same home as the dependent child.
DCF 101.09(3)(b)2.d. d. When the individual is a sponsored alien pursuant to 8 USC 1183a, the income of the sponsor and his or her spouse as provided under 8 USC 1631.
DCF 101.09 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. (2) (d), am. (2) (n) (intro.) and (3) (b) 2. a., r. (3) (b) 2. b., Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: r. and recr. (2) (c) and (e) 1., am. (2) (e) 2., (n) (intro.), and (3) (b) 2. a. Register January 2003 No. 565, eff. 2-1-03; corrections in (2) (e), (f), (n) (intro.) and (p) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.10 DCF 101.10Temporary absence.
DCF 101.10(1)(1)Denial of assistance for a dependent child who is absent from the home for a significant period. A dependent child may be absent from the custodial parent's home but still be considered under the care of the custodial parent if the following conditions are met:
DCF 101.10(1)(a) (a) The dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent's home.
DCF 101.10(1)(b) (b) The absence is not the result of removal of the child under a dispositional order issued under s. 48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more.
DCF 101.10(1)(c) (c) The custodial parent continues to exercise responsibility for the care and control of the child. A dependent child who is receiving kinship care under s. 48.57 (3m), Stats., is not considered under the care and control of the custodial parent.
DCF 101.10(2) (2) Denial of assistance for custodial parent who fails to notify the w-2 agency of absence of child. A custodial parent of a dependent child who fails to notify the Wisconsin works agency of the absence of the dependent child from the home for the period specified in sub. (1) (a), by the end of the 5-day period that begins with the date that it becomes clear to the custodial parent that the dependent child will be absent for such period so specified or provided for, is not eligible for W-2.
DCF 101.10 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.11 DCF 101.11Verification.
DCF 101.11(1)(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 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.
DCF 101.11(2) (2)If the individual does not have the power to produce verification, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.
DCF 101.11(3) (3)No eligibility shall exist when an individual has the power to produce required verification as determined by the W-2 agency but refuses or fails to do so.
DCF 101.11 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.12 DCF 101.12Eligibility date. The eligibility date for a W-2 employment position wage or benefit payment is the date the applicant has met all W-2 eligibility requirements and has begun participating in a W-2 employment position.
DCF 101.12 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.
DCF 101.13 DCF 101.13Review of eligibility. A W-2 agency shall periodically review an individual's eligibility. A W-2 employment position participant remains eligible under s. DCF 101.09 (3) until the W-2 group's assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3) for at least 2 consecutive months.
DCF 101.13 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.14 DCF 101.14Employer criteria.
DCF 101.14(1)(1)The W-2 agency shall ensure that an employer providing a Wisconsin works employment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment position. An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.
DCF 101.14(2) (2) Trial job. A trial job employer shall agree to do all of the following:
DCF 101.14(2)(a) (a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.
DCF 101.14(2)(b) (b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.
DCF 101.14(2)(c) (c) Provide worker's compensation. 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.
DCF 101.14(2)(d) (d) Inform the participant of his or her 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.
DCF 101.14(2)(e) (e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate.
DCF 101.14(2)(f) (f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).
DCF 101.14(3) (3) Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:
DCF 101.14(3)(a) (a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace.
DCF 101.14(3)(b) (b) Provide a position which replicates actual conditions of work and provides responsibilities and expectations similar to unsubsidized employees of the employer considering the participant's barriers to unsubsidized employment including need for child care or transportation or level of ability.
DCF 101.14(3)(c) (c) Cooperate with the W-2 agency by providing verification of the participant's hours of participation and missed hours.
DCF 101.14(3)(d) (d) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).
DCF 101.14 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-082: am. (2) (f) and (3) (d) Register November 2004 No. 587, eff. 12-1-04; corrections in (2) (f) and (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 101.15 DCF 101.15Case management.
DCF 101.15(1)(1)Initial assessment. The W-2 agency shall make an initial assessment of the skills, prior work experience, and employability of each applicant prior to placement in a W-2 employment position.
DCF 101.15(2) (2) Employability plan. The FEP shall, in consultation with the W–2 participant, develop a written employability plan for a W–2 participant which includes the participant's W–2 employment position placement, required activities under s. DCF 101.16, and an identified unsubsidized employment goal. As part of employability planning, the W-2 agency shall administer a functional screening developed by the department. One of the purposes of the screening shall be to determine whether a formal assessment is necessary. The development of the employability plan shall take into consideration any screening or formal assessment results. A W-2 participant may refuse to participate in the functional screening without sanction. Participation in the functional screening may not be a condition of eligibility for a W-2 participant. Nothing in this subsection may be construed to limit the ability of a W-2 agency to require a W-2 participant to comply with ss. DCF 101.08 and 101.09 or required activities under s. DCF 101.16.
DCF 101.15(3) (3) Domestic abuse.
DCF 101.15(3)(a)(a) Domestic abuse definition. For purposes of this section, “domestic abuse" means any of the following acts that affect the individual and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided:
DCF 101.15(3)(a)1. 1. Physical acts that result in pain, illness, or injury.
DCF 101.15(3)(a)2. 2. Sexual abuse or sexual assault.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.