Department of Children and Families
Technical Corrections to Wisconsin Works Rules
The Wisconsin Department of Children and Families proposes to repeal ss. DCF 101.03 (17) and (18), 101.05 (5) and (6), 101.21 (2), 101.22, and 101.24; to renumber s. DCF 101.21; to amend ss. DCF 101.03 (4), (7), and (15); 101.04 (2) (Note); 101.055 (6); 101.08 (2); 101.09 (2) (c) (intro.), (m), and (q);101.10 (1) (c); 101.11 (1); 101.14 (2) (title), (intro.), (c), and (d); 101.15 (3) (b) 2. and 3.; 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.; 101.18 (1) (a); 101.18 (2); 101.20 (1) (intro.); 101.23 (3), and (6); and 101.25 (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b. and (b), and (11) (a) 1.; to repeal and recreate ss. DCF (24), (26), (27), (34), (39), and (40); DCF 101.05 (10); 101.055 (6) (Note); and to create ss. DCF 101.03 (4m) and 101.17 (Note), relating to technical corrections to Wisconsin Works rules. Analysis Prepared by the Department of Children and Families
Related statutes and rules: Chapters DCF 102 and 201 Explanation of Agency Authority
The department administers the Wisconsin Works program under ss. 49.141 to 49.161, Stats. Section 227.11 (2) (a), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute. Summary of the Rule
The proposed rule makes statutory updates, clarifications, and minor substantive changes to ch. DCF 101, Wisconsin Works. The proposed rule does all of the following:
— Replaces references to “trial jobs” with “trial employment match program” throughout the chapter based on changes to s. 49.147 (3), Stats. — Changes several definitions to statutory cross-references to incorporate changes to the definitions in s. 49.141, Stats. — Repeals the Wisconsin Works agency responsibility to establish a children’s service network under 49.143 (2), Stats. That statute has been repealed.
— Repeals references to Wisconsin Works agencies determining eligibility for child care assistance in ss. DCF 101.05 and 101.11. Eligibility for the child care subsidy program is determined by child care administrative agencies. — Changes who conducts the department review of a complaint of employment displacement by a Wisconsin Works employment position under s. DCF 101.055 from the administrator of the department’s Division of Family and Economic Security to the Division of Hearings and Appeals. — Adds the definition of domestic abuse when screening for domestic abuse to the provision that requires a Wisconsin works agency to keep all information that it receives regarding victims of domestic abuse strictly confidential except to the extent needed to administer Wisconsin works. The current confidentiality provision in s. DCF 101.08 (2) applies only to domestic abuse as defined in ss. 968.075 (1) and 813.12 (1) (am), Stats., for purposes of arrest and prosecution and restraining orders and injunctions. — Repeals the requirement that a trial job employer process a participant’s request for an advance payment of a federal earned income credit payment under section 3507 of the Internal Revenue Code. Pub. L. 111-226 repealed section 3507 of the Internal Revenue Code. — Incorporates updates to s. 49.147 (4) to (6), Stats., by adding cross-references to the new statutory provisions in s. DCF 101.16 on community service jobs and transitional jobs, and creating a note following s. DCF 101.17 on job access loans. — Moves language on good cause for failing to appear at a scheduled review from the review section to the good cause section.
— Repeals DCF 101.22, relating to review of agency decisions, which conflicts with s. 49.152, Stats. — Repeals s. DCF 101.24, relating to noncustodial, minor and other parents, which conflicts with s. 49.159, Stats. Summary of Factual Data and Analytical Methodologies
The focus of the proposed rule is to update rules that are duplicative of, superseded by, or in conflict with another rule or a state statute.
Summary of Related Federal Law
Not applicable
Comparison to Adjacent States
Not applicable
Effect on Small Businesses
The proposed rule does not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Businesses
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 Wisconsin works agency is a small business as defined s. 227.114 (1), Stats. Agency Contact
SECTION 1. DCF 101.03 (4) is amended to read:
DCF 101.03 (4) “Case management” means the family-centered and goal-oriented process for assessing the needs of a Wisconsin works group member and his or her the group member’s family for employment, training, and supportive services and assisting the Wisconsin works group member in obtaining services to achieve self-sufficiency.
SECTION 2. DCF 101.03 (4m) is created to read:
DCF 101.03 (4m) “Child care administrative agency” means any of the following:
(a) An agency that has a contract with the department to administer the child care subsidy program.
(b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.
(c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats. SECTION 3. DCF 101.03 (7) and (15) are amended to read:
DCF 101.03 (7) “Component of Wisconsin works” means a trial employment match program job, community service job, transitional placement, or unsubsidized employment.
(15) “Incapacitated” means having a medically-determined physical or mental impairment which that has been verified by the department’s department of workforce development’s division of vocational rehabilitation or other similar agency or business and which that prevents the person from temporarily or permanently holding full-time unsubsidized employment or participating in a trial employment match program job or CSJ.
SECTION 4. DCF 101.03 (17) and (18) are repealed.
SECTION 5. DCF 101.03 (24), (26), (27), (34), (39), and (40) are repealed and recreated to read:
DCF 101.03 (24) “Minimum wage” has meaning given in s. 49.141 (1) (g), Stats. (26) “Nonmarital parent” has the meaning given in s. 49.141 (1) (i), Stats. (34) “Trial employment match program job” has the meaning given in s. 49.141 (1) (n), Stats. (39) “Wisconsin works employment position” has the meaning given in s. 49.141 (1) (r), Stats. (40) “Wisconsin works group” has the meaning given in s. 49.141 (1) (s), Stats. SECTION 6. DCF 101.04 (2) (Note) is amended to read:
DCF 101.04 (2) Note: An individual may contact the local W-2 agency or the local county or tribal department of human services or social services for assistance in determining which geographical area he or she the individual resides in and the address and phone number of the W-2 agency in his or her the individual’s geographical area.
SECTION 7. DCF 101.05 (5) and (6) are repealed.
SECTION 8. DCF 101.05 (10) is repealed and recreated to read:
DCF 101.05 (10) Refer individuals who need child care assistance to the local child care administrative agency.
SECTION 9. DCF 101.055 (6) is amended to read:
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.
