Chapter 49

49.161 History History: 1995 a. 289; 1997 a. 27; 1999 a. 9; 2013 a. 20.

49.161 Cross-reference Cross-reference: See also s. DCF 101.23, Wis. adm. code.

49.162 49.162 Substance abuse screening and testing for certain work experience programs.

49.162(1) (1) In this section:

49.162(1)(a) (a) “Administering agency” means the department or an agency with which the department contracts to administer a program.

49.162(1)(b) (b) “Controlled substance” has the meaning given in s. 961.01 (4).

49.162(1)(bg) (bg) “Controlled substance abuse screening” means a questionnaire, a criminal background check, or any other controlled substance abuse screening mechanism identified by the department by rule.

49.162(1)(bm) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).

49.162(1)(br) (br) “Group member” means an adult member of an individual’s Wisconsin Works group whose income or assets are included in determining the individual’s eligibility for a program.

49.162(1)(c) (c) “Program” means any of the following:

49.162(1)(c)1. 1. Services and benefits under s. 49.159 (1) (b).

49.162(1)(c)2. 2. The Transform Milwaukee Jobs program or the Transitional Jobs program under s. 49.163.

49.162(1)(c)3. 3. A work experience and job training program under s. 49.36.

49.162(1)(c)4. 4. A Wisconsin Works employment position.

49.162(1)(c)4m. 4m. The Hire Heroes program under s. 106.38.

49.162(1)(e) (e) “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).

49.162(1)(f) (f) “Wisconsin Works employment position” has the meaning given in s. 49.141 (1) (r).

49.162(1)(g) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).

49.162(2) (2) 

49.162(2)(a) (a) Except as provided in sub. (2m), in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3. and, with respect to an individual applying for a program under sub. (1) (c) 4., all of the individual’s group members shall complete controlled substance abuse screening. If, on the basis of the screening results, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program or any of the individual’s group members is abusing a controlled substance, the administering agency shall require the individual or group member to undergo a test for the use of a controlled substance.

49.162(2)(b) (b) Except as provided in sub. (4m), if the individual or group member refuses to submit to a test under par. (a), the individual is not eligible to participate in a program until the individual or group member complies with the requirement to undergo a test for the use of a controlled substance.

49.162(2m) (2m) 

49.162(2m)(a) (a) The screening and testing requirements under sub. (2) do not apply to an individual if the individual is any of the following:

49.162(2m)(a)1. 1. A custodial parent of a child who is 8 weeks old or less.

49.162(2m)(a)2. 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

49.162(2m)(a)3. 3. A participant in a Wisconsin Works employment position who moves to an unsubsidized employment position and receives case management services under s. 49.1475.

49.162(2m)(a)4. 4. A dependent child.

49.162(2m)(b) (b) The screening and testing requirements under sub. (2) do not apply to a group member if the group member is any of the following:

49.162(2m)(b)1. 1. A custodial parent of a child who is 8 weeks old or less.

49.162(2m)(b)2. 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

49.162(2m)(b)3. 3. Specified as exempt from the screening and testing requirements by department rule.

49.162(3) (3) If an individual or group member who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual or group member possesses a valid prescription for each controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

49.162(4) (4) 

49.162(4)(a) (a) If an individual or group member who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), the administering agency shall require the individual or group member to participate in substance abuse treatment to remain eligible to participate in a program. If the individual or group member refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual or group member complies with the requirement to participate in substance abuse treatment.

49.162(4)(b) (b) During the time that an individual or group member is receiving substance abuse treatment under par. (a), the administering agency shall require the individual or group member to undergo random testing for the use of a controlled substance. Except as provided in sub. (4m), for the individual to remain eligible for a program, the individual or his or her group member must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual or group member must present evidence of a valid prescription as described in sub. (3). If the results of any test during treatment are positive for the use of a controlled substance and the individual or group member does not present evidence of a valid prescription for the controlled substance, the individual or group member shall have the opportunity to begin the treatment again one time, as determined by the administering agency. Except as provided in sub. (4m), if the individual or group member begins the substance abuse treatment again, the individual remains eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual or group member presents evidence of a valid prescription for the controlled substance.

49.162(4)(c) (c) If an individual or group member receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

49.162(4m) (4m) 

49.162(4m)(a) (a) If an individual applying for a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) or his or her group member undergoes a test under sub. (2), tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), and refuses to participate in substance abuse treatment under sub. (4) (a) or if the individual or his or her group member fails to cooperate with the testing or treatment requirements under sub. (4) (b), the individual remains eligible only for the monthly grant portion of the community service job or transitional placement under s. 49.148 (1) (b) or (c) and only to the extent described in par. (b).

49.162(4m)(b) (b)

49.162(4m)(b)1. 1. In determining the monthly grant for which an individual is eligible under par. (a), the department shall reduce the amount that would otherwise have been established under s. 49.148 (1) (b) or (c) by an amount that reflects the fact that the monthly grant is to be used exclusively for the benefit of the dependent children in the individual’s Wisconsin Works group and not for the benefit of the individual.

49.162(4m)(b)2. 2. If an individual is eligible for a monthly grant under the circumstances described in par. (a), the department shall pay the monthly grant through a protective payee structure, under which the monthly grant is paid to a protective payee who is not the individual and who holds the money and uses it exclusively for the benefit of the dependent children in the individual’s Wisconsin Works group.

49.162(4m)(b)3. 3. An individual’s partial eligibility under par. (a) ends on the earlier of the following dates:

49.162(4m)(b)3.a. a. The date on which the individual again becomes eligible for full participation in a Wisconsin Works employment position.

49.162(4m)(b)3.b. b. Twelve months after the date on which the individual or his or her group member meets the circumstances described under par. (a), as determined by the department.

49.162(5) (5) The department shall manage the costs and reinvest the savings under this section, and shall work with the administering agency, if different from the department, to manage the costs and reinvest the savings.

49.162(6) (6) From the appropriation under s. 20.437 (2) (em), the department shall pay substance abuse treatment costs under this section that are not otherwise covered by medical assistance under subch. IV, private insurance, or another type of coverage. If treatment costs payable by the department exceed the moneys available under s. 20.437 (2) (em), the department shall request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

49.162(7) (7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section and the monthly grant eligibility and protective payee structure under sub. (4m).

49.162 History History: 2015 a. 55; 2017 a. 59, 195; 2021 a. 238 s. 44.

49.162 Cross-reference Cross-reference: See also ch. DCF 154, Wis. adm. code.

49.163 49.163 Transform Milwaukee Jobs program and Transitional Jobs program.

49.163(1) (1) Definitions. In this section:

49.163(1)(am) (am) “Program” means the Transform Milwaukee Jobs program, or the Transitional Jobs program, under this section.

49.163(1)(aw) (aw) “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).

49.163(1)(b) (b) “Wisconsin Works employment position” has the meaning given in s. 49.141 (1) (r).

49.163(2) (2) Eligibility for program.

49.163(2)(a) (a) The department shall establish a Transform Milwaukee Jobs program in Milwaukee County and, if funding is available, may establish a Transitional Jobs program outside of Milwaukee County. To the extent of available funds, the department shall conduct the Transitional Jobs program, if established, in one or more geographic areas in the state that are not in Milwaukee County. In selecting the geographic area or areas in which to conduct the Transitional Jobs program, the department shall give priority to those areas with relatively high rates of unemployment and childhood poverty and to other areas with special needs that the department determines should be given priority.

49.163(2)(am) (am) To be eligible to participate in the program, an individual must satisfy all of the following criteria:

49.163(2)(am)1. 1. Be at least 18 years of age.

49.163(2)(am)2. 2. If over 25 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

49.163(2)(am)3. 3. Have an annual household income that is below 150 percent of the poverty line.

49.163(2)(am)4. 4. Be unemployed for at least 4 weeks.

49.163(2)(am)5. 5. Be ineligible to receive unemployment insurance benefits.

49.163(2)(am)6. 6. Not be participating in a Wisconsin Works employment position.

49.163(2)(am)7. 7. Satisfy all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual.

49.163(2)(b) (b) For purposes of par. (am) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual’s own income over a period determined by the department and shall not include the household income of the individual’s foster parents.

49.163(2)(c) (c) The department may establish additional eligibility criteria consistent with its mission and the funding available.

49.163(3) (3) Program description.

49.163(3)(a) (a) The program under this section shall include all of the following features and requirements:

49.163(3)(a)1. 1. An individual may participate in the program for a maximum of 1,040 hours actually worked.

49.163(3)(a)2. 2. The department shall determine and specify in a contract whether a contractor under sub. (4) or an employer is the individual’s employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.

49.163(3)(a)3. 3. The department may reimburse an employer, or a contractor under sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:

49.163(3)(a)3.a. a. A wage subsidy that is equal to an amount negotiated between the department and the employer or contractor, that is paid for each hour the individual actually worked, not to exceed 40 hours per week, and that is not more than the federal or state minimum wage that applies to the individual.

49.163(3)(a)3.b. b. Federal social security and Medicare taxes.

49.163(3)(a)3.c. c. State and federal unemployment insurance contributions or taxes, if any.

49.163(3)(a)3.d. d. Worker’s compensation insurance premiums, if any.

49.163(3)(a)4. 4. An employer, or, subject to the approval of the department, a contractor under sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under subd. 3. a., except that the employer or contractor must pay the individual at least minimum wage.

49.163(3)(a)5. 5. The employment of an individual under this section may not do any of the following:

49.163(3)(a)5.a. a. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under this section.

49.163(3)(a)5.b. b. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

49.163(3)(a)5.c. c. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

49.163(3)(b) (b) The department may set priorities for the program consistent with its mission and available funding.

49.163(4) (4) Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under s. 46.215, 46.22, or 46.23; local workforce development board established under 29 USC 2832; or community action agency under s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:

49.163(4)(a) (a) Determine the eligibility of applicants for the program.

49.163(4)(b) (b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.

49.163(4)(c) (c) Conduct job orientation activities.

49.163(4)(d) (d) Provide employment services, as specified by the department, for program participants.

49.163(4)(e) (e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.

49.163(5) (5) Recovery of overpayments.

49.163(5)(a) (a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under sub. (2) (am).