Sexual activity involving a dependent child.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.
Threats of, or attempts at, physical or sexual abuse.
Neglect or deprivation of medical care.The proposed rule also provides that an extension to the lifetime limit shall be approved for a period of no more than 6 consecutive months. A Wisconsin works agency may determine the appropriate number of extensions to the 48-month limit.
Statutory Update
In addition, the proposed rule incorporates a statutory update to s. 49.148 (1m) (a) 1., Stats., as affected by 2011 Wisconsin Act 32, that reduced the eligibility period for benefits for the custodial parent of an infant from the first 12 weeks to the first 8 weeks after the infant is born. Summary of Factual Data and Analytical Methodologies
When drafting the proposed rule, the department considered extension criteria most commonly available in other states and data on Wisconsin works participants that have received more than 48 months of assistance.
Summary of Related Federal Requirements
Existing federal regulations establish a time limit for receiving TANF benefits but also grant states significant flexibility in creating time limit policies. 45 CFR 264.1 (a) prohibits states from using federal TANF funds to provide assistance to most families beyond 60 cumulative months. This federal regulation also allows states to set a time limit of less than 60 months. 45 C.F.R. 260.31 defines ‘assistance’ as cash payments, vouchers, and other forms of benefits designed to meet a family’s ongoing basic needs (i.e., food, clothing, shelter, utilities, household goods, personal care items, and other general incidental expenses). Under 45 CFR 264.1 (c), states may extend assistance to a limited number of families beyond the 60-month time limit, but this number cannot exceed 20 percent of the State's average monthly caseload. States may only extend assistance if families have experienced hardship, as defined by the State, or if the family includes someone who has been battered or subjected to extreme cruelty based on the fact that the individual has been subjected to any of the following: i.
Physical acts that resulted in, or threatened to result in, physical injury to the individual.iii.
Sexual activity involving a dependent child. iv.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities. v.
Threats of, or attempts at, physical or sexual abuse. vii.
Neglect or deprivation of medical care.45 CFR 264.1 (b), provides that only months of assistance that are paid (in whole or in part) with Federal TANF funds count towards the federal 60-month lifetime limit. In addition, States may not count toward the five-year federal limit any of the following: i.
Any month of receipt of assistance by an individual who is not the head-of-household or married to the head-of-household.ii.
Any month of receipt of assistance by an adult while living in Indian country (as defined in section 1151 of title 18, United States Code) or a Native Alaskan Village where at least 50 percent of the adults were not employed.iii.
Any month for which an individual receives only noncash assistance. If a state does not comply with the federal 60-month lifetime limit requirements, 45 CFR 264.2 provides that the State Family Assistance Grant (SFAG) will be reduced by 5 percent in the succeeding fiscal year. A state may avoid the penalty by demonstrating reasonable cause or correcting the violation under a corrective compliance plan. 45 CFR 264.3 (b) provides that a state may receive reasonable cause for failing to comply with the five-year limit on Federal assistance because it granted federally recognized good cause domestic violence waivers, within the meaning of 45 CFR 260.52 (c) and 45 CFR 260.55. Comparison to Rules in Adjacent States
Illinois
Participation in Illinois’ TANF program is limited to a cumulative total of 60 months in a lifetime. The criteria for an exception to the 60-month lifetime limit on the receipt of TANF cash benefits, include any of the following:
The client has an application for Supplemental Security Income (SSI) pending and the Department determines the client is probably eligible for SSI.
The client has a medical barrier that prevents the client from obtaining or retaining employment of at least 30 hours per week.
The client is in an approved education and training program that will be completed in 6 months or less after the client's 60th month.
The client is in an intensive service program to help overcome a barrier to work and the client's involvement in the program precludes the ability to obtain or retain employment of at least 30 hours per week.
The client has a severely disabled child approved for a waiver under the Home & Community Based Care Program.
The client is the only adult in the assistance unit and is the primary caregiver for a child under age 18, or is the primary caregiver for his or her spouse and the demands of caregiving do not allow the caregiver to obtain or retain employment.Iowa
Participation in Iowa’s TANF program is limited to a cumulative total of 60 months in a lifetime. A family may receive TANF-funded assistance beyond the 60-month lifetime limit if the family qualifies for a hardship exemption. Iowa defines “Hardship” as a circumstance that prevents the family from being self-supporting, including any of the following:
Domestic violence. “Domestic violence” means that the family includes someone who has been battered or subjected to extreme cruelty.
Lack of suitable childcare.
Chronic or recurring medical conditions or mental health issues, or an accident or disease, when verified by a professional. The applicant or recipient must follow a treatment plan to address the condition or issue.
Housing situations that make it difficult or impossible to work.
Substance abuse issues. A family requesting a hardship exemption due to substance abuse shall be required to obtain clinical assessment and follow an intensive treatment plan.
Having a child whose circumstances require the parent to be in the home.
Other circumstances which prevent the family from being self-supporting.There is no limit to the number of extensions that may be approved.
Michigan
Participation in Michigan’s TANF program is limited to a cumulative total of 48 months in a lifetime. Michigan does not allow individuals to extend participation beyond the state lifetime benefit limit.
Minnesota
Participation in Minnesota’s TANF program is limited to a cumulative total of 60 months in a lifetime. The criteria for an extension to the 60-month lifetime limit on the receipt of TANF cash benefits, include any of the following:
Participants who are employed and are participating in work activities at least 30 hours per week or 55 hours per week for a two-parent family.
Participants who have verification from their health care provider that the number of hours they may work is limited due to illness or disability may qualify for a hardship extension as long as they work at least the number of hours specified by the health care provider.
Participants who are hard to employ, including all of the following:o
Persons who have conditions that limit their ability to obtain and retain employment, including developmental disability, mental illness, learning disability, and IQ below 80.o
Persons who are otherwise unemployable. o
Persons who have family violence waiver.
Participants with an illness, injury, or incapacity that is expected to last more than 30 days that severely limits the participant’s ability to obtain or maintain suitable employment. Also, participants who are needed to care for a person in their family who meets this criteria.Analysis Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis
The impact of the proposed rule is limited to agencies administering the Wisconsin works program and families and individuals participating in the Wisconsin works program. No current Wisconsin works agency is a small business as defined s. 227.114 (1), Stats. The primary impact of the proposed rule is on applicants to, and participants in, the Wisconsin works program who are eligible to receive benefits and services. All reporting and compliance requirements apply only to agencies administering these programs and participants in these programs.
Effect on Small Business
The proposed rule does not affect small businesses under s. 227.114 (1), Stats. Agency Contact Person
Margaret McMahon, Director, Bureau of Working Families, Division of Family and Economic Security, Department of Children and Families, (608) 422-6273, margaret.mcmahon@wisconsin.gov.
SECTION 1. DCF 101.09 (2) (n) is repealed and recreated to read:
DCF 101.09 (2) (n) The individual, or any other adult member of the individual’s Wisconsin works group, has not exceeded the lifetime limit on program participation or receipt of benefits under s. DCF 101.095. SECTION 2. DCF 101.095 is created to read:
DCF 101.095 Lifetime limit on program participation or receipt of benefits. (1) Lifetime limit of 48 months. Beginning on the date on which an 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 participated in or received benefits under, any combination of the following may not exceed 48 months, whether or not consecutive, except as otherwise provided in this section:
(a) The JOBS program under s. 49.193, 1997 Stats., on or after October 1, 1996.
