Chapter DCF 101

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.

DCF 101.15(3)(c)4.c. c. Sexual assault provider services.

DCF 101.15(3)(c)4.d. d. Medical services and counseling.

DCF 101.15(3)(c)4.e. e. Sexual assault nurse examiners services.

DCF 101.15(3)(c)4.f. f. Domestic abuse and sexual assault hotlines.

DCF 101.15(3)(c)4.g. g. Legal counseling and advocacy.

DCF 101.15(3)(c)4.h. h. Mental health care.

DCF 101.15(3)(c)4.i. i. Counseling.

DCF 101.15(3)(c)4.j. j. Support groups.

DCF 101.15(3)(c)5. 5. If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals to the individual.

DCF 101.15(3)(d) (d) Voluntary participation. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

DCF 101.15 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: am. (2), cr. (3) Register January 2003 No. 565, eff. 2-1-03; correction in (3) (b) 5. made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; corrections in (2) and (3) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (b) 2., 3. Register July 2022 No. 799, eff. 8-1-22.

DCF 101.16 DCF 101.16 Work programs.

DCF 101.16(1) (1) Unsubsidized employment.

DCF 101.16(1)(a) (a) Job search, orientation and training activities.

DCF 101.16(1)(a)1. 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 the individual’s application is being processed as a condition of eligibility.

DCF 101.16(1)(a)2. 2. A satisfactory search effort for unsubsidized employment may include but is not limited to the following elements: participating in job orientation under subd. 3., making contacts with employers, submitting job applications to employers, participating in job interviews with employers, and conducting any other search activities specified in the participant’s employability plan. The FEP shall determine whether a participant’s search effort for unsubsidized employment is satisfactory on a case-by-case basis. The FEP may deny eligibility for placement in a W-2 employment position for an applicant who fails to complete required unsubsidized employment search activities or an applicant who fails to accept a bona fide offer of employment without good cause under s. DCF 101.20.

DCF 101.16(1)(a)3. 3. As a condition of eligibility, a Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation while the application is being processed. In this subdivision, “job orientation” means activities designed to help applicants prepare for work by learning general workplace expectations, work behavior and attitudes necessary to successfully compete in the labor market, help an applicant build self-esteem and increase an applicant’s self-confidence.