Chapter DCF 101

DCF 101.095(4) (4) Months excluded. When calculating the total number of months of an individual’s participation or receipt of benefits for purposes of this section, a W-2 agency shall exclude, to the extent permitted under federal law, any month in which the individual was living on a federally recognized American Indian reservation, in an Alaskan Native village, or in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if during that month, all of the following applied:

DCF 101.095(4)(a) (a) At least 1,000 individuals were living on the reservation or in the village or Indian country.

DCF 101.095(4)(b) (b) At least 50 percent of the adults living on the reservation or in the village or Indian country were unemployed.

DCF 101.095(5) (5) Criteria for extension of the 48-month lifetime limit. A W-2 agency may, subject to subs. (6) and (7), extend the 48-month lifetime limit under sub. (1) if the agency determines that the individual meets the conditions in par. (a) or (b) as follows:

DCF 101.095(5)(a) (a) Hardship. The individual is experiencing hardship due to any of the following:

DCF 101.095(5)(a)1. 1. The individual is unable to work due to a personal disability or incapacitation.

DCF 101.095(5)(a)2. 2. The individual needs to remain at home to care for a member of the individual’s Wisconsin works group whose incapacity is so severe that without in-home care provided by the individual the health and well-being of the Wisconsin works group member would be significantly affected.

DCF 101.095(5)(a)3. 3. The individual has significant limitations to employment such as any of the following:

DCF 101.095(5)(a)3.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 1383c or social security disability insurance under 42 USC 401 to 433.

DCF 101.095(5)(a)3.b. b. Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

DCF 101.095(5)(a)4. 4. The individual 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 at least minimum wage and conforms to all applicable federal and state laws. The W-2 agency shall document at least one of the following:

DCF 101.095(5)(a)4.a. a. The inability of W-2 participants with similar skills, or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs.

DCF 101.095(5)(a)4.b. b. The unavailability of jobs in labor market sectors that match the individual’s skills, as supported by specific examples of layoffs in these labor market sectors or by labor market data published by the department of workforce development or the United States department of labor.

DCF 101.095(5)(a)4.c. c. The unavailability of jobs in the labor market within a reasonable distance and travel time of the individual’s home, as supported by specific examples of layoffs in this labor market or by labor market data published by the department of workforce development or the United States bureau of labor statistics.

DCF 101.095(5)(a)5. 5. The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15 or psychosocial rehabilitation services as approved by the department.

DCF 101.095(5)(b) (b) Battered or subjected to extreme cruelty. The individual’s Wisconsin works group includes a member who has been battered or subjected to extreme cruelty based on the fact that the member has been subjected to any of the following:

DCF 101.095(5)(b)1. 1. Physical acts that resulted in, or threatened to result in, physical injury to the individual.

DCF 101.095(5)(b)2. 2. Sexual abuse.

DCF 101.095(5)(b)3. 3. Sexual activity involving a dependent child.

DCF 101.095(5)(b)4. 4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.

DCF 101.095(5)(b)5. 5. Threats of, or attempts at, physical or sexual abuse.

DCF 101.095(5)(b)6. 6. Mental abuse.

DCF 101.095(5)(b)7. 7. Neglect or deprivation of medical care.

DCF 101.095(6) (6) Length of the extension period. A Wisconsin Works agency may grant an extension to the lifetime limit on program participation or benefit receipt under this section for a time period of no more than 6 consecutive months.

DCF 101.095(7) (7) Maximum number of extension periods. A Wisconsin works agency may determine the appropriate number of extensions to the lifetime limit on program participation or benefit receipt under this section.

DCF 101.095(8) (8) Department review. The department may review, approve, or overturn a W-2 agency’s determination regarding an extension of the lifetime time limit on program participation or benefit receipt under this section.

DCF 101.095 History History: CR 18-016: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (4) (intro.) made under s. 35.17, Stats., Register October 2021 No. 790.

DCF 101.10 DCF 101.10 Temporary 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. 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.

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; CR 21-091: am. (1) (c) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.11 DCF 101.11 Verification.

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) to (4) prior to placing the individual in a Wisconsin works employment position 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; CR 21-090: am. (1) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) Register July 2022 No. 799, eff. 8-1-22; merger of (1) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

DCF 101.12 DCF 101.12 Eligibility 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 101.13 Review of eligibility. A W-2 agency shall periodically review an individual’s eligibility. A Wisconsin works employment position participant remains eligible under s. DCF 101.09 (3m) and (4) until the W-2 group’s assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3m) or (4) 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; CR 21-090: am. Register July 2022 No. 799, eff. 8-1-22.

DCF 101.14 DCF 101.14 Employer 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 employment match program job. An employer that employs a participant in the trial employment match program 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 the participant with worker’s compensation coverage.

DCF 101.14(2)(d) (d) Inform the participant of the participant’s possible eligibility for federal and state earned income tax credits.

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; CR 21-091: am. (2) (title), (intro.), (c), (d) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.15 DCF 101.15 Case 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.

DCF 101.15(3)(a)3. 3. Threats of, or attempts at, physical or sexual abuse.

DCF 101.15(3)(a)4. 4. Emotional or mental abuse.

DCF 101.15(3)(a)5. 5. Verbal abuse.

DCF 101.15(3)(a)6. 6. Deprivation or destruction of physical or economic resources.

DCF 101.15(3)(a)7. 7. Neglect or deprivation of medical care.

DCF 101.15(3)(a)8. 8. Forced isolation.

DCF 101.15(3)(a)9. 9. Stalking or harassment.

DCF 101.15(3)(b) (b) Screening.

DCF 101.15(3)(b)1. 1. As part of the initial employability planning process, the W-2 agency shall administer a screening to assess the potential that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, unless the applicant has voluntarily disclosed the information pursuant to subd. 3.

DCF 101.15(3)(b)2. 2. If a W-2 participant was not screened during 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.

DCF 101.15(3)(b)3. 3. A W-2 agency shall allow an individual to voluntarily and confidentially disclose that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.

DCF 101.15(3)(b)4. 4. A W-2 agency may also administer a domestic abuse screening to a W-2 participant at any time that the participant requests it or if the agency worker has reason to believe that the participant may need domestic abuse services.

DCF 101.15(3)(b)5. 5. A W-2 agency employee shall attend the department’s 12-hour training on domestic abuse pursuant to s. DCF 103.03 (3) or 103.04 (2) prior to administering a domestic abuse screening under subds. 1., 2., or 4.

DCF 101.15(3)(c) (c) Information and referral.

DCF 101.15(3)(c)1. 1. If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services.

DCF 101.15(3)(c)2. 2. The evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse shall be a positive identification on the department-provided screening instrument or a voluntary disclosure of the information by the participant.

DCF 101.15(3)(c)3. 3. The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be:

DCF 101.15(3)(c)3.a. a. Provided orally and in writing.

DCF 101.15(3)(c)3.b. b. Current and updated as necessary.

DCF 101.15(3)(c)3.c. c. Culturally appropriate for the individual participant.

DCF 101.15(3)(c)3.d. d. Provided in languages other than English as appropriate in accordance with the W-2 contract requirements under s. 49.143 (2), Stats.

DCF 101.15(3)(c)4. 4. The information that a W-2 agency provides to an individual on community-based domestic abuse services shall include information on local providers of the following domestic abuse services:

DCF 101.15(3)(c)4.a. a. Law enforcement for immediate protection.

DCF 101.15(3)(c)4.b. b. Shelters or programs for battered individuals.