DCF 101.055 (6) Department review. A party may file a written request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the administrator of the department’s division of family and economic security or a designee department of administration’s division of hearings and appeals. The department’s final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
SECTION 10. DCF 101.055 (6) (Note) is repealed and recreated to read:
DCF 101.055 (6) (Note) A request for departmental review may be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.
SECTION 11. DCF 101.08 (2) is amended to read:
DCF 101.08 (2) The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse as defined in ss. DCF 101.03 (11) and 101.15 (3) (a) strictly confidential, except to the extent needed to administer Wisconsin works. SECTION 12. DCF 101.09 (2) (c) (intro.), (m), and (q) are amended to read:
DCF 101.09 (2) (c) (intro.) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if he or she the individual is any of the following:
(m) The individual reports any change in circumstances that may affect his or her the individual’s eligibility to the Wisconsin works agency within 10 days after the change.
(q) The individual cooperates in the requirement to search for unsubsidized employment throughout his or her the individual’s participation in a W-2 Wisconsin works employment position.
SECTION 13. DCF 101.10 (1) (c) is amended to read:
DCF 101.10 (1) (c) The custodial parent continues to exercise responsibility for the care and control of the child. A dependent child who 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. SECTION 14. DCF 101.11 (1) is amended to read:
DCF 101.11 (1) The W-2 agency shall verify that an individual meets nonfinancial and financial eligibility criteria under s. DCF 101.09 (2) and (3) prior to placing an the individual in a W-2 employment position, nonfinancial and financial eligibility criteria under s. 49.155 (1m), Stats., and s. DCF 101.26 prior to providing a child care subsidy or other appropriate eligibility criteria prior to providing any other W-2 benefit or service. SECTION 15. DCF 101.14 (2) (intro.), (c), and (d) are amended to read:
DCF 101.14 (2) Trial employment match program job. (intro.) A An employer that employs a participant in the trial job employer employment match program shall agree to do all of the following:
(c) Provide the participant with worker’s compensation coverage. If the trial job employer is required to provide worker’s compensation insurance for its unsubsidized employees, the trial job employer shall provide the same level of coverage for the trial job participants.
(d) Inform the participant of his or her the participant’s possible eligibility for federal and state earned income credit and process, a participant’s request for advance payments of federal earned income credit under section 3507 of the internal revenue code tax credits. SECTION 16. DCF 101.15 (3) (b) 2. and 3. are amended to read:
DCF 101.15 (3) (b) 2. If a W-2 participant was not screened during his or her 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.
3. A W-2 agency shall allow an individual to voluntarily and confidentially disclose that he or she the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.
SECTION 17. DCF 101.16 (1) (a) 1. and 3. and (b), (2) (title), (a), (b) 1., (c), and (e) 1., (3) (c) 1. and (e) 2., and (4) (a) 1. and (e) 1. are amended to read:
DCF 101.16 (1) (a) 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 his or her the individual’s application is being processed as a condition of eligibility.
3. A As a condition of eligibility, a Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation during the period that his or her while the application is being processed as a condition of eligibility. 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.
(b) Job search assistance. A Wisconsin works agency shall assist a participant in his or her with the search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under subs. (2) to (4).
(2) (title) Trial employment match program jobs.
(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in a trial employment match program job over a placement in a community service job or transitional placement under subs. (3) and (4).
(b) 1. A Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant in a trial employment match program job and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.
(c) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial employment match program job employment.
(e) 1. A W-2 participant may participate in a trial employment match program job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive.
(3) (c) 1. Except as provided in par. (d) and s. 49.147 (4) (av) and (5m), Stats., a Wisconsin works agency may require a participant placed in a community service job program to work not more than 30 hours per week in a community service job. Except as provided in subd. 2., a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities under par. (b) for not more than 10 hours per week. (e) 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.
(4) (a) 1. The individual is incapable of performing a trial employment match program job or community service job.
(e) 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. SECTION 18. DCF 101.17 (Note) is created to read:
DCF 101.17 (Note): See s. 49.147 (6) (am), Stats., regarding vehicle loan requirements and s. 49.147 (6) (e), Stats., regarding eligibility for noncustodial parents. SECTION 19. DCF 101.18 (1) (a) is amended to read:
DCF 101.18 (1) (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 job 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. SECTION 20. DCF 101.18 (2) (a) is amended to read:
DCF 101.18 (2) (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) and (3) 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. SECTION 21. DCF 101.20 (1) (intro.) is amended to read:
DCF 101.20 (1) Good cause circumstances. (intro.) The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements or for failing to appear in person or by representative at a scheduled review under s. 49.152 (2), Stats. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause for failing to comply with the W-2 participation requirements shall be any of the following circumstances: SECTION 22. DCF 101.21 (1) is renumbered DCF 101.21
SECTION 23. DCF 101.21 (2) is repealed.
SECTION 24. DCF 101.22 is repealed.
SECTION 25. DCF 101.23 (3) (a) and (6) are amended to read:
DCF 101.23 (3) (a) Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., during the period that he or she the parent, nonmarital coparent, or stepparent is an adult member of the same household, but his or her each individual’s liability is limited to such that period. For the purpose of determining liability for an overpayment of a child care subsidy under s. 49.155, Stats., “parent” has the meaning given in s. 49.155 (1) (c), Stats. (6) Trial job employment match program overpayments. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial employment match program job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action. SECTION 26. DCF 101.24 is repealed.
SECTION 27. DCF 101.25 (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b. and (b), and (11) (a) 1. are amended to read:
DCF 101.25 (5) (e) The W-2 agency shall review a child’s claim that he or she the child is exempt under sub. (7) from the school attendance requirement, determine if a child is required to participate in case management under sub. (8), and review a child’s claim that he or she the child has a good cause reason under sub. (10) for not participating in case management.
(7) (a) 8. (intro.) The child is unable to attend school because he or she the child was expelled under s. 120.13 (1), Stats., and another school is not available for one of the following reasons: (9) (a) 2. b. The child or his or her the child’s parent is unable to comply with the learnfare case management plan because a service identified is not available and no appropriate alternative service as determined by the W-2 agency is available.
(b) The W-2 group of a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11) as long as he or she the child continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified.
(11) (a) 1. That the CSJ or transitional benefit will be reduced or that a financial penalty will be imposed on a trial employment match program job participant, in the amount of $50 per month per penalty not to exceed $150 per W-2 group per month, because the child has failed to meet the school attendance requirement or the child has failed to participate in learnfare case management and continues to fail to meet the school attendance requirement.
SECTION 28. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.
