Wisconsin Legislature: DCF 120.05(3)(a)2.e.

(e) The child’s destitution or need for living arrangements did not result from the child or a qualified caretaker relative refusing without good cause to accept employment or training for employment.

(em) An individual under 18 years of age is ineligible to be a qualified caretaker relative unless:

1. The individual is or has ever been married.

2. The individual has no parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian who is living or whose whereabouts are known.

3. No living parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian allows the individual to live in the home of the parent, guardian, or relative.

4. The individual or the child for whom assistance is requested is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual’s own parent or legal guardian.

5. Substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual’s own parent or legal guardian.

6. The W-2 agency otherwise determines that it is in the best interest of the individual’s child to waive the general prohibition on assistance to unmarried caretakers who are under 18 years of age.

(f) As determined by the agency, the group’s need has resulted from an emergency due to one or more of the following causes:

1. Fire.

2. Flood.

3. A natural disaster such as a tornado, earthquake, electrical storm, windstorm, hail, sleet, a mud or rock slide, or a natural explosion such as lightning striking an object that then explodes.

4. Homelessness as determined under sub. (2). The cause of the homelessness need not be the result of a natural disaster.

5. Impending homelessness as determined under sub. (3).

6. An energy crisis, as determined under sub. (4).

(2) Eligibility due to homelessness. An emergency assistance group shall be considered homeless for purposes of determining nonfinancial eligibility under sub. (1) if the group needs emergency assistance to obtain a permanent living accommodation and if any of the following conditions apply:

(a) The group lacks a fixed, regular, and adequate nighttime residence.

(b) The group has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, or emergency shelter facility.

(c) The group has already left its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority.

(d) The group is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation.

(e) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats.

(3) Eligibility due to impending homelessness. An emergency assistance group shall be considered to be facing impending homelessness for purposes of determining nonfinancial eligibility under sub. (1) if any of the following apply:

(a) The emergency assistance group is experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and the group has been notified that it will be required to leave its current housing if it does not make that payment immediately. The W-2 agency shall verify the following:

1. The emergency assistance group is experiencing a financial crisis due to reasons that are either beyond the control of an adult member of the group or that constitute good cause as determined by the W-2 agency.

2. The financial crisis was caused by one or more of the following:

a. Loss of employment that does not include voluntarily leaving appropriate employment without good cause.

b. Substantial loss of wages due to illness or injury of a group member, domestic violence, lack of child care, a transportation breakdown, or a reduction of work hours by an employer.

c. Loss of income due to a second parent leaving the group.

d. Exceptional, unexpected, and necessary expenses that are not the responsibility of a third party, such as car repair expenses necessary for transportation to work or medical expenses required to be paid.

e. Loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s. 49.152, Stats.

f. Other reasonable circumstances as determined by the W-2 agency.

3. The emergency assistance group has received at least one of the following notices:

a. A notice terminating tenancy for failure to pay rent that meets the minimum requirements of s. 704.17, Stats.

b. A summons and complaint for an eviction action which is based on failure to pay rent.

c. A notice of foreclosure for failure to pay property taxes or a mortgage.

d. A summons and complaint for a foreclosure action that is based on failure to pay property taxes or a mortgage.

e. A writ of assistance, notice of sale, or other verifiable documentation that a foreclosure judgment has been entered against a member of the emergency assistance group and the group will be required to vacate the premises imminently.

Note: Section 799.40 (4), Stats., provides: “The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant’s eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s. 227.01 (14).”

(b)

1. The emergency assistance group has received written or oral notice that the group will be removed from their rental housing because of a foreclosure action against the owner.

2. The removal of the group from the rental housing is scheduled to occur within 30 days.

3. The group needs emergency assistance to obtain a new permanent living accommodation.

4. The W-2 agency has verified subd. 1. to 3.

(c) The group has to leave its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority and the group needs emergency assistance to obtain a new permanent living accommodation.

(d) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats., and the group needs emergency assistance to obtain a new permanent living accommodation or retain a current permanent living accommodation.

(4) Eligibility due to energy crisis. An emergency assistance group is eligible for assistance due to an energy crisis if all of the following apply:

(a) The group has exhausted resources available through the Wisconsin Home Energy Assistance Program, assistance available through a local utility company as required by the public service commission, and any other available energy resources. In this paragraph, “exhausted resources” means either that the group has been denied services from the other sources or other funding sources do not cover the full cost of the group’s energy crisis.

(b) The group needs financial assistance to obtain or maintain heat, electricity, water, or sewer service provided by a utility company.

(c) The lack of, or imminent lack of, utility service providing heat, electricity, water, or sewer is or is likely to be an immediate threat to the health or safety of the group.

(d) The energy crisis is due to reasons beyond the control of adult members of the group or constitute good cause as determined by the W-2 agency.

Note: For more information on the Wisconsin Home Energy Assistance Program (WHEAP), call 1-866-HEATWIS (1-866-432-8947) or click on “where to apply” at http://www.homeenergyplus.wi.gov/. For more information on utility assistance required by the Public Service Commission, see PSC 113, PSC 134, and PSC 185. For concerns about utility service, contact the Public Service Commission at 1-800-225-7729 or the “contact us” section of http://psc.wi.gov.

History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (em), (f) 5., and (3), renum. (1) (f) 5. to be (1) (f) 6., Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (1) (f) 6. and (3), cr. (3) (b) and (4), eff. 4-22-09; CR 09-059: am. (1) (f) 6., (2) (c) and (3), cr. (3) (b) to (d) and (4) Register December 2009 No. 648, eff. 1-1-10; CR 08-068: am. (1) (c) Register May 2010 No. 653, eff. 6-1-10; correction in (4) (intro.) made under s. 35.17, Stats., Register September 2024 No. 825.

DCF 120.06 Financial eligibility. To be eligible for emergency assistance, all of the following conditions shall be met:

(1) Income. The gross income of the emergency assistance group may not exceed 115% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (4) except any of the following grants received in the month of the emergency is not counted:

(a) Kinship care payments under s. 48.57 (3m) or (3n), Stats.

(b) Foster care payments under s. 48.62, Stats., if the payment is on behalf of a child who is a relative.

(2) Assets. The assets of the emergency assistance group may not exceed $2,500 in combined equity value. In determining the combined equity value of assets under this subsection, the agency shall exclude all of the following:

(a) The equity value of vehicles up to a total equity value of $10,000. In this paragraph, “equity value of vehicles” means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles.

(b) One home that serves as the homestead for the emergency assistance group.

History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; corrections in (3) (intro.) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10; CR 21-090: am. (1), renum. (2) to (2) (intro.) and am., cr. (2) (a), (b) Register July 2022 No. 799, eff. 8-1-22.

DCF 120.07 Payment amounts.

(1) An emergency assistance payment for impending homelessness, homelessness, fire, flood, or natural disaster, the emergency assistance payment shall be the lowest of the following 2 amounts:

(a) The total of the maximum payment amount per group member for that group size multiplied by the number of members in the emergency assistance group.

Note: The maximum payment amount per group member for impending homelessness, homelessness, fire, flood, or natural disaster is the following:

$600 per group member when the group is 2 members.

$400 per group member when the group is 3 members.

$300 per group member when the group is 4 members.

$240 per group member when the group is 5 members.

$220 per group member when the group is 6 or more members.

Changes to the maximum payment amounts will be announced in the Administrative Register.

(b) The total financial need due to the emergency, as follows:

1. The financial need due to impending homelessness shall be unpaid rent and related late fees and court costs.

2. The financial need due to homelessness shall be the first month’s rent, security deposit, and necessary household items.

3. The financial need due to fire, flood, or natural disaster shall be the total need in all of the following:

a. Temporary housing.

b. First month’s rent and security deposit.

c. Clothing.

d. Food.

e. Medical care.

f. Transportation.

g. Necessary appliances and household items.

h. Necessary home repairs.

(2) The emergency assistance payment for energy crisis shall be the lowest of the following:

(a) The maximum payment amount for the group.

(b) The amount needed to obtain or maintain essential utility service.

Note: The maximum payment amount for energy crisis is $750. Changes to the maximum payment amount will be announced in the Administrative Register.

History: Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. eff. 4-22-09; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10.

DCF 120.08 Eligibility determination and payment procedures.

(1) The agency shall determine eligibility for emergency assistance within 10 working days after receiving a completed application. If the group is found eligible, the agency shall issue a payment to the emergency assistance group within the same 10 working days, except as provided in subs. (4) and (5). The payment may be made in the form of cash, a voucher, or a vendor payment.