Wisconsin Legislature: DCF 101.16(4)(e)1.

2. A W-2 agency may aggregate education and training activities hours in combination with work activities to allow participants access to approved training programs which may require more than 10 hours per week within the first months of participation in a CSJ. The FEP shall modify the participant’s employability plan to reflect the aggregated education and training activities hours. Failure to participate in the aggregated education and training activities hours without good cause as determined by the FEP may result in application of a sanction under s. DCF 101.18 (1) (b).

(d) Motivational training. A Wisconsin works agency may require a CSJ participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a), Stats. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (c).

(e) Time-limited participation.

1. An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive.

2. The department, or the Wisconsin works agency with the approval of the department, may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find and accept unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.

(f) Worker’s compensation. A participant under this subsection is an employee of the Wisconsin works agency for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

(4) Transitional placement.

(a) Additional eligibility criteria. An individual is eligible to participate in a transitional placement under this subsection if, in addition to meeting the eligibility requirements under s. DCF 101.09 (2) to (4), the W-2 agency determines that any of the following conditions are met with respect to the individual:

1. The individual is incapable of performing a trial employment match program job or community service job.

2. On the basis of an independent assessment by the division of vocational rehabilitation or similar agency or business, that the individual has been incapacitated, or will be incapacitated, for a period of at least 60 days.

3. The individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.

(b) Assignment to activities.

1. The Wisconsin works agency shall assign a transitional placement participant to work activities such as a community rehabilitation program, work experience and training activities similar to those included under s. DCF 101.16 (3) or a volunteer activity.

2. A Wisconsin works agency may require a participant under this subsection to participate in any of the following:

a. An alcohol and other drug abuse evaluation, assessment, and treatment program.

b. Mental health activities. In this subparagraph, “mental health activities” means activities prescribed by an appropriate mental health care professional such as a psychiatrist including evaluation by a health professional such as a physician, therapy and medication management.

c. Counseling or physical rehabilitation activities.

d. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.

(c) Time-limited participation. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case–by–case basis by the department or by the Wisconsin works agency with the approval of the department if the participant has made all appropriate efforts to find unsubsidized employment by participating in all assigned activities and significant barriers prevent advancement to a higher W-2 employment position or unsubsidized employment.

(d) Education or training activities.

1. The Wisconsin works agency may require a transitional placement participant to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency.

2. Permissible education and training shall include only the following:

a. A course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency of high school graduation.

b. Technical college courses.

c. Educational courses that provide an employment skill.

d. English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

e. Adult basic education courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

f. Employer-sponsored training.

(e) Required hours.

1. Except as provided in par. (f) and s. 49.147 (5) (bt) and (5m), Stats., a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. Except as provided in subd. 2., in addition to the 28 hours, a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (d) for not more than 12 hours per week.

2. A W-2 agency may aggregate education and training activities hours in combination with work activities to allow participants access to approved training programs which may require more than 12 hours per week within the first months of participation in a transitional placement. The FEP shall modify the participant’s employability plan to reflect the aggregated education and training activities hours. Failure to participate in the aggregated education and training activities hours without good cause, as determined by the FEP, may result in application of a sanction under s. DCF 101.18 (1) (c).

(f) Motivational training. A Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a), Stats. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (e).

(g) Worker’s compensation. A participant under this subsection is an employee of the Wisconsin works agency for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: cr. (3) (b) 6. and (4) (d) 2. f., am. (4) (c) Register January 2003 No. 565, eff. 2-1-03; corrections in (1) (a) 2., (2) (d), (3) (c) 2., (4) (a) (intro.), (b) 1. and (e) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 13-015: cr. (1) (am) Register May 2014 No. 701, eff. 6-1-14; correction in (3) (d), (4) (f) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750; CR 21-090: am. (4) (a) (intro.) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) (a) 1., 3., (b), (2) (title), (a), (b) 1., (c), (e) 1., (3) (c) 1., (e) 2., (4) (a) 1., (e) 1. Register July 2022 No. 799, eff. 8-1-22.

DCF 101.17 Job access loan.

(1) Eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under s. DCF 101.09 (2) to (4), all of the following conditions are met with respect to the individual:

(a) The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual’s failure to accept a bona fide offer of employment or the individual’s termination of a job without good cause.

(b) The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair or purchase a vehicle that is needed to obtain or continue employment.

(c) The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under s. DCF 101.16.

(d) The individual is not a migrant worker.

(2) Terms.

(a)

1. W-2 agencies shall issue a job access loan to an eligible individual in an amount not less than $25 and not more than $1600 in any 12-month period.

2. The maximum allowable amount for all loans and the maximum allowable outstanding balance for each individual receiving a job access loan shall be $1600.

(b) The Wisconsin works agency shall establish and maintain procedures that will expedite eligibility determinations and make emergency payments within 24 to 96 hours of loan approval, when necessary.

(c) The loan applicant shall present to the Wisconsin works agency for approval a repayment plan for each loan which incorporates the maximum level of cash repayment and the shortest repayment period that the Wisconsin works agency determines feasible.

(d)

a. The participant may repay a job access loan in cash or through a combination of cash and volunteer in-kind community work approved by the W-2 agency valued at the higher of the state or federal minimum wage rate. At least 25 percent of the loan amount shall be repaid in cash. Participants whose repayment plan includes volunteer work shall find the volunteer opportunity, obtain prior authorization from the Wisconsin works agency and arrange and pay for any needed child care.

b. The W-2 agency shall determine a minimum monthly repayment amount for each loan. Repayment plans may be renegotiated by the agency if there is a significant change of circumstances of the borrower.

2. The participant shall repay a job access loan within a 12-month period except that the repayment period may be extended to a maximum of 24 months if the participant requests an extension and the W-2 agency determines that it is appropriate.

3. The Wisconsin works agency shall provide monthly notices to clients of payments received and the outstanding balance.

(3) Minor custodial parents. An individual who would be eligible for a job access loan under sub. (1), except that the individual has not attained the age of 18, is eligible under this subsection if the individual meets the following requirements:

(a) The individual is in one of the following supervised, alternative living arrangements:

1. Kinship care under s. 48.57 (3m), Stats.

2. Foster home as defined under s. 48.02 (6), Stats.

3. Group home as defined under s. 48.02 (7), Stats.

4. An adult supervised independent living arrangement approved by the W-2 agency. In this subdivision, “adult-supervised independent living arrangement” means a setting approved by the W-2 agency in which a minor custodial parent is supervised by an on-site house parent.

(b) The individual has graduated from high school or has met the standards established by the department of public instruction for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4), Stats.

Note: See s. 49.147 (6) (am), Stats., regarding vehicle loan requirements and s. 49.147 (6) (e), Stats., regarding eligibility for noncustodial parents.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (b), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. (2) (a) 1., Register November 2006 No. 611, eff. 12-1-06; corrections in (1) (intro.) and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.18 W-2 employment position wages and benefits.

(1) Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following wages or benefits:

(a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works agency and the trial employment match program employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. DCF 101.16 (2) (c) shall be included in determining the number of hours actually worked.

(b) Community service jobs. For a participant in a community service job, a monthly grant in the amount provided under s. 49.148 (1) (b), Stats. For every hour that the participant misses work or education or training activities without good cause including any activity under s. DCF 101.16 (3) (c) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (b), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

(c) Transitional placements. For a participant in a transitional placement, a monthly grant in the amount provided under s. 49.148 (1) (c), Stats. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. DCF 101.16 (4) (b) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (c), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

(2) Custodial parent of infant.

(a) A custodial parent of a child who is 8 weeks old or less and who meets the eligibility requirements under s. DCF 101.09 (2) to (4) may receive a monthly grant in the amount provided under s. 49.148 (1m), Stats. A Wisconsin works agency may not require a participant under this subsection to participate in a trial employment match program job, CSJ, or transitional placement.

(b) For purposes of the lifetime limit on program participation and benefit receipt under ss. DCF 101.09 (2) (n) and 101.095 and the time limits for participation in a particular Wisconsin works employment position under s. DCF 101.16 (2) (e), (3) (e), or (4) (c), receipt of a grant under this subsection has the following effect:

1. The grant does not constitute participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position.

2. The grant constitutes participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position, unless any of the following conditions are met:

a. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3), Stats., or in violation of s. 948.02 or 948.025, Stats., and the sexual assault has been reported to a physician and to law enforcement authorities.

b. The child was conceived as a result of incest in violation of s. 944.06 or 948.06, Stats., and the incest has been reported to a physician and to law enforcement authorities.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: am. (2) (a), r. and recr. (2) (b) Register October 2021 No. 790, eff. 11-1-21; CR 21-090: am. (2) (a) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) (a), (2) (a) Register July 2022 No. 799, eff. 8-1-22; merger of (2) (a) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

DCF 101.19 Payment procedures.

(1) Designation of payee. CSJ or transitional placement benefits shall be made payable as appropriate to:

(a) The participant.

(b) Spouse of the participant. The spouse shall be living in the home unless designated as protective payee or appointed by a court to be the legal representative.

(2) Protective and vendor payments.

(a) If continued mismanagement of funds is a threat to the health and safety of the child as determined by the FEP, all or part of the CSJ or transitional placement benefit may be a protective payment or part of the CSJ or W-2 T benefit may be a direct payment and part a protective or vendor payment or both. The W-2 agency shall investigate reports of mismanagement before instituting protective or vendor payments.

(b) The W-2 agency shall document in the case record the reason for the authorization of protective or vendor payment and shall show the name of the eligible participant, the name of the protective or vendor payee, and the amount and form of payment authorized.

History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

DCF 101.195 Notice before taking certain actions.

(1) Twenty percent or more reduction. Before a Wisconsin works agency may take any action that would result in a 20 percent or more reduction in a participant’s benefits due to nonparticipation with Wisconsin works program requirements, the Wisconsin works agency shall issue a written notice to the participant. The notice shall be issued no later than 5 business days following the department’s notification to the Wisconsin works agency of participants subject to a potential 20 percent or more payment reduction. The notice shall contain all of the following information:

(a) The dates of nonparticipation.

(b) A description of the activities missed.