Chapter DCF 101

DCF 101.03(7) (7) “Component of Wisconsin works” means a trial employment match program job, community service job, transitional placement, or unsubsidized employment.

DCF 101.03(8) (8) “Custodial parent” means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this subsection, “legal custody” has the meaning given in s. 767.001 (2) (a), Stats.

DCF 101.03(9) (9) “Department” means the Wisconsin department of children and families.

DCF 101.03(10) (10) “Dependent child” means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

DCF 101.03(11) (11) “Domestic abuse” has the meaning given in s. 968.075 (1) or 813.12 (1) (am), Stats.

DCF 101.03(12) (12) “Employability plan” means a written agreement developed by a FEP in consultation with a participant that details a logical, sequential series of actions to move the participant from dependency to self-sufficiency. The “employability plan” includes the participant’s goal, precise tasks required of both the W-2 agency and the participant, and supportive services needed by the participant.

DCF 101.03(13) (13) “Financial and employment planner” or “FEP” means a case manager employed by a Wisconsin works agency who determines eligibility, assists in the process of determining eligibility, or performs case management functions.

DCF 101.03(14) (14) “Food stamp program” means the assistance program under 7 USC 2011 to 2029.

DCF 101.03(14m) (14m) “Formal assessment” means the process of making a determination that a condition exists, establishing the extent and severity of a condition, and, if appropriate, what alternative services or accommodations in jobs or work assignments might permit the recipient to engage in work, either immediately or after some other intervention. A “formal assessment” shall be completed by a qualified assessing agency or business.

DCF 101.03(15) (15) “Incapacitated” means having a medically-determined physical or mental impairment that has been verified by the department of workforce development’s division of vocational rehabilitation or other similar agency or business and that prevents the person from temporarily or permanently holding full-time unsubsidized employment or participating in a trial employment match program job or CSJ.

DCF 101.03(16) (16) “Job access loan” means a loan under s. 49.147 (6), Stats., to address an immediate and discrete financial crisis in order to obtain or continue employment.

DCF 101.03(19) (19) “JOBS” means the job opportunities and basic skills training program established under 42 USC 682 and s. 49.193, 1997 Stats., for the purpose of assisting AFDC recipients to develop marketable skills and obtain gainful employment.

DCF 101.03(20) (20) “Learnfare” means the program established under s. 49.26, Stats., which requires that all preteens living in a pilot county designated by the department and teenagers attend school.

DCF 101.03(21) (21) “Medical assistance” means the assistance program operated by the department of health services under ss. 49.43 to 49.497, Stats., and chs. DHS 101 to 108.

DCF 101.03(22) (22) “Migrant worker” has the meaning given in s. 103.90 (5), Stats.

DCF 101.03(23) (23) “Minor parent” means an individual who is under age 18 and is a custodial parent.

DCF 101.03(24) (24) “Minimum wage” has meaning given in s. 49.141 (1) (g), Stats.

DCF 101.03(25) (25) “Noncustodial parent” means, with respect to a dependent child, a parent who is not the custodial parent.

DCF 101.03(26) (26) “Nonmarital parent” has the meaning given in s. 49.141 (1) (i), Stats.

DCF 101.03(26m) (26m) “Nonparticipation” means failure to attend required activities specified in the individual’s employability plan.

DCF 101.03(27) (27) “Parent” has the meaning given in s. 49.141 (1) (j), Stats.

DCF 101.03(28) (28) “Participant” means an individual who participates in any component of the Wisconsin works program.

DCF 101.03(29) (29) “Poverty line” has the meaning prescribed under s. 49.001 (5), Stats.

DCF 101.03(30) (30) “Protective payment” means a money payment to a payee designated by the agency as the receiver of a participant’s total or partial W-2 benefit.

DCF 101.03(31) (31) “Reasonable promptness” means as soon as possible, but no later than 30 days after the date the agency receives a signed application completed to the best of the applicant’s ability.

DCF 101.03(31h) (31h) “Screening” means a process of determining if an individual is at risk of a certain condition or barrier. A “screening” is intended to determine the likelihood that a person requires additional assessment to uncover a particular barrier. A “screening” does not result in a specific diagnosis.

DCF 101.03(31m) (31m) “Second parent” has the same meaning given “other parent” in s. 49.15 (1), Stats.

DCF 101.03 Note Note: Sec. 49.15 (1), Stats. defines “other parent” as “a parent who is not a participant in a Wisconsin works employment position.”

DCF 101.03(32) (32) “Strike” has the meaning provided in 29 USC 142(2).

DCF 101.03(32m) (32m) “TANF” or “temporary assistance for needy families” means a federal block grant under 42 USC 601-619.

DCF 101.03(33) (33) “Transitional placement” means a work component of Wisconsin works administered under s. 49.147 (5), Stats.

DCF 101.03(34) (34) “Trial employment match program job” has the meaning given in s. 49.141 (1) (n), Stats.

DCF 101.03(35) (35) “Unsubsidized employment” means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

DCF 101.03(36) (36) “Vendor payment” means a money payment made on behalf of a participant directly to a provider of goods or services.

DCF 101.03(37) (37) “Wisconsin works” or “W-2” means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.

DCF 101.03(38) (38) “Wisconsin works agency” or “W-2 agency” means a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the Wisconsin works program under ss. 49.141 to 49.161, Stats., and this chapter. If no contract is awarded under s. 49.143, Stats., “Wisconsin works agency” means the department.

DCF 101.03(39) (39) “Wisconsin works employment position” has the meaning given in s. 49.141 (1) (r), Stats.

DCF 101.03(40) (40) “Wisconsin works group” has the meaning given in s. 49.141 (1) (s), Stats.

DCF 101.03 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; cr. (31m), Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 02-050: am. (intro.), (11) and (19), r. and recr. (12) and (13), cr. (14m), (31h) and (32m) Register January 2003 No. 565, eff. 2-1-03; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (9), (18) and (21) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 17-066: cr. (26m) Register July 2018 No. 751, eff. 8-1-18; CR 21-091: am. (4), cr. (4m), am. (7), (15), r. (17), (18), r. and recr. (24), (26), (27), (34), (39), (40) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.04 DCF 101.04 Department responsibilities.

DCF 101.04(1) (1) General. The department shall maintain oversight responsibility for administration of the Wisconsin works program by contracted administrative agencies.

DCF 101.04(2) (2) Geographical areas. The department shall determine the geographical area in which a Wisconsin works agency will administer the Wisconsin works program.

DCF 101.04 Note 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 the individual resides in and the address and phone number of the W-2 agency in the individual’s geographical area.

DCF 101.04(3) (3) Contract requirements. The department shall contract under s. 49.143, Stats., with providers to administer the Wisconsin works program in a geographical area. If a Wisconsin works agency does not meet the performance standards established by the department, the department may withhold any or all payment from the Wisconsin works agency or terminate the contract.

DCF 101.04(4) (4) Requests for information. The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.

DCF 101.04(5) (5) Inspection of records. The department may inspect at any time any Wisconsin works agency’s records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.

DCF 101.04(6) (6) Certification and training requirements. The department shall ensure that a financial and employment planner employed by a W-2 agency meets certification and training requirements established by the department and that appropriate training is provided by the W-2 agency.

DCF 101.04 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97.

DCF 101.05 DCF 101.05 W-2 agency responsibilities. In administering the W-2 program, the W-2 agency shall do all of the following:

DCF 101.05(1) (1) Comply with ss. 49.141 to 49.161, Stats., applicable federal law, this chapter, and related program procedures.

DCF 101.05(2) (2) Make available all records necessary for the department’s exercise of its supervisory functions under s. 49.35, Stats.

DCF 101.05(3) (3) Provide the department with requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.

DCF 101.05(4) (4) Establish a community steering committee in accordance with s. 49.143 (2) (a), Stats.

DCF 101.05(7) (7) Encourage employers to make training sites available on the business site for participants.

DCF 101.05(8) (8) Work with the Wisconsin Economic Development Corporation to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. II of ch. 238, Stats.

DCF 101.05(9) (9) Ensure that no W-2 employment position is operated so as to do any of the following:

DCF 101.05(9)(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 into a W-2 employment position.

DCF 101.05(9)(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.

DCF 101.05(9)(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.

DCF 101.05(10) (10) Refer individuals who need child care assistance to the local child care administrative agency.

DCF 101.05(11) (11) Refer all cases involving paternity and child support to the county child support agency.

DCF 101.05(12) (12) Provide, refer or facilitate transportation arrangements to enable participants to participate in W-2 activities. The W-2 agency shall limit any financial assistance granted to a W-2 participant to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.

DCF 101.05(13) (13) Recover any overpayment of W-2 wages or benefits as required under s. 49.161, Stats., and s. DCF 101.23.

DCF 101.05(14) (14) Investigate, or refer to the appropriate agency for investigation, suspected cases of fraud.

DCF 101.05 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (10), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: am. (1) Register January 2003 No. 565, eff. 2-1-03; corrections in (10) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; correction in (8) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 21-091: r. (5), (6), r. and recr. (10) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.055 DCF 101.055 Grievance procedure for complaints of employment displacement.

DCF 101.055(1) (1) Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s. DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.

DCF 101.055(2) (2) Notice. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint under this section and provide information about how to obtain further information on the grievance procedure.

DCF 101.055(3) (3) Filing a complaint.

DCF 101.055(3)(a) (a) An employee, former employee, or employee’s representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of s. DCF 101.05 (9).

DCF 101.055(3)(b) (b) The complaint shall be filed within one year from the date of the alleged violation.

DCF 101.055(4) (4) Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s. DCF 101.05 (9), the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint.

DCF 101.055(5) (5) Hearing.

DCF 101.055(5)(a) (a) If an informal resolution under sub. (4) cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed.

DCF 101.055(5)(b) (b) The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.

DCF 101.055(6) (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 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.

DCF 101.055 Note 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 [phone]; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

DCF 101.055(7) (7) Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s. DCF 101.05 (9) may be subject to the following penalties:

DCF 101.055(7)(a) (a) Termination of existing W-2 or other work training agreements with the department or its contractors.

DCF 101.055(7)(b) (b) Termination of grants from the department or its contractors and disqualification for future grants.

DCF 101.055(7)(c) (c) Disqualification for future work training agreements with the department or its contractors.

DCF 101.055(8) (8) Nonretaliation. No employer or W-2 work training provider may retaliate against an employee, employee’s representative, or witness who initiates or participates in the grievance procedure under this section.

DCF 101.055 History History: CR 04-082: cr. Register November 2004 No. 587, eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 21-091: am. (6) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.06 DCF 101.06 Application for Wisconsin works.

DCF 101.06(1) (1) Right to apply. Any individual may apply for Wisconsin works. Application for Wisconsin works shall be made on a form prescribed by the department and available from a Wisconsin works agency.

DCF 101.06(2) (2) Where application is made. Application shall be made in the geographical area specified by the department under s. 49.143 (6), Stats., in which the individual lives.

DCF 101.06(3) (3) Signing the application. Each application form shall be signed by the applicant or the applicant’s responsible relative, legal guardian or authorized representative; or, where the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The application shall be re-signed in the presence of any agency representative in accordance with s. 49.84, Stats. Two witnesses’ signatures shall be required when the application is signed with a mark.

DCF 101.06(4) (4) Decision date.

DCF 101.06(4)(a) (a) As soon as possible, but no later than 5 working days after the date the agency receives a signed application, completed to the best of the applicant’s ability, the W-2 agency shall schedule and hold a personal interview with the applicant.