Chapter DCF 101

DCF 101.25(7)(b) (b) Additional exemption reasons may be defined by the department through the review of agency decision process under s. 49.152, Stats.

DCF 101.25(8) (8) Learnfare case management.

DCF 101.25(8)(a) (a) When a child fails to meet the school attendance requirements or when a child is determined to be a minor parent, dropout, returning dropout, or habitual truant, the W-2 agency shall require the child to participate in case management.

DCF 101.25(8)(b) (b) Upon referral or identification of a child for whom case management is required, the W-2 agency shall schedule an initial appointment with the child and the child’s parent to conduct an assessment and complete a learnfare case management plan. The W-2 agency shall schedule the appointment at a time when the appointment will not interfere with the child’s school schedule or the parent’s work schedule. The W-2 agency shall send written notice of the appointment to the child and the child’s parent at least 7 working days before the appointment date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled appointment date to reschedule the appointment.

DCF 101.25(8)(c) (c) If the child and the child’s parent fail to attend or reschedule the initial appointment, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

DCF 101.25(8)(d) (d) Case management requirements include the following:

DCF 101.25(8)(d)1. 1. The child and the child’s parent shall participate in the assessment and the development of the learnfare case management plan and the parent shall sign the completed plan.

DCF 101.25(8)(d)2. 2. If the child is a dropout, the child or the child’s parent shall provide verification of the child’s return to school and attendance within 7 working days of the date that a school is available.

DCF 101.25(8)(d)3. 3. The child and the child’s parent shall attend meetings scheduled by the W-2 agency. The W-2 agency shall schedule the meetings times when the meetings will not interfere with the parent’s work schedule. The W-2 agency shall send written notice of a meeting to the child and the child’s parent at least 7 working days before the scheduled meeting date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled meeting date to reschedule the meeting. If the child and the child’s parent fail to attend or reschedule the meeting, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

DCF 101.25(8)(d)4. 4. If the W-2 agency determines that the child needs special services, the W-2 agency shall make the special services available at a time that does not interfere with the parent’s work schedule. If the parent’s participation is required, the parent shall participate along with the child in the special services activities.

DCF 101.25(8)(d)5. 5. The child or the child’s parent, or both, shall engage in activities identified by the W-2 agency in the learnfare case management plan as necessary to maintain school enrollment or improve school attendance.

DCF 101.25(9) (9) Criteria for applying a financial penalty.

DCF 101.25(9)(a) (a)

DCF 101.25(9)(a)1. 1. Except as provided under subd. 2., 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).

DCF 101.25(9)(a)2. 2. No financial penalty may be imposed under any of the following circumstances:

DCF 101.25(9)(a)2.a. a. The agency has not made case management available to a child who has failed to meet the school attendance requirement under sub. (4) or who is required to participate in case management under sub. (8).

DCF 101.25(9)(a)2.b. b. The child or 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.

DCF 101.25(9)(b) (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 the child continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified.

DCF 101.25(10) (10) Good cause for not participating in case management.

DCF 101.25(10)(a) (a) The W-2 agency shall determine if a child or the child’s parent had good cause for failing to participate in learnfare case management. In making such a determination, the W-2 agency may require the child or the child’s parent to provide written documentation that good cause existed. If the child or the child’s parent does not have the power to produce documentation of good cause, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the documentation.

DCF 101.25(10)(b) (b) Good cause for failing to participate in learnfare case management shall be any of the following circumstances:

DCF 101.25(10)(b)1. 1. Child care is needed for the child to participate in case management, but child care is not available.

DCF 101.25(10)(b)2. 2. Transportation is needed to and from child care for the minor parent’s child, but neither public nor private transportation is available.

DCF 101.25(10)(b)3. 3. Court-required appearance, including required court appearances for a victim of domestic abuse, or temporary incarceration.

DCF 101.25(10)(b)4. 4. Observance of a religious holiday.

DCF 101.25(10)(b)5. 5. Death of a relative.

DCF 101.25(10)(b)6. 6. Family emergency.

DCF 101.25(10)(b)7. 7. Illness, injury, or incapacity of the child or a family member living with the child. In this subdivision, “family member” means a spouse, child or parent.

DCF 101.25(10)(b)8. 8. Medical or dental appointment for the minor parent or the minor parent’s child.

DCF 101.25(10)(b)9. 9. Breakdown in transportation.

DCF 101.25(10)(b)10. 10. A review decision under s. 49.152, Stats., identifies circumstances that justify good cause.

DCF 101.25(10)(b)11. 11. Other circumstances beyond the control of the child or the child’s parent, but only as determined by the W-2 agency.

DCF 101.25(11) (11) Applying financial penalties.

DCF 101.25(11)(a) (a) Notice. Upon determining that a financial penalty is proper under sub. (9), the W-2 agency shall send written notice to the W-2 participant which specifies all of the following:

DCF 101.25(11)(a)1. 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.

DCF 101.25(11)(a)2. 2. The child to whom the financial penalty applies.

DCF 101.25(11)(a)3. 3. How the W-2 participant can contact the school district for information regarding the children at risk program under s. 118.153, Stats.

DCF 101.25(11)(a)4. 4. The child’s or W-2 participant’s right to request a review under par. (b), and that if a review is requested within 10 days of the date of the notice, the penalty will not be imposed until after the fact finding review decision.

DCF 101.25(11)(b) (b) Review of agency decision. The child or W-2 participant may request a review of an agency decision in accordance with ss. 49.152 and 49.26, Stats., on the W-2 agency’s determination that a financial penalty is proper under sub. (9) If a review is requested within 10 days of the date of the notice of financial penalty, the penalty shall not be imposed until after the fact finding review decision, unless the participant withdraws the petition in writing or abandons the petition.

DCF 101.25(11)(c) (c) Effective period of financial penalty. A financial penalty shall be imposed each payment month until the child meets the school attendance requirement or participates in case management or an exemption reason under sub. (4) or a good cause reason under sub. (10) is verified.

DCF 101.25 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; emerg. am. eff. 1-2-98; am. (1), (2) (b), (3)(a), (4) (a), (5) (a), (b), (d) and (f), (6) (a) and (b), (7) (a) (intro.) and 1. to 7.,8. (intro.), a. and c., 9. (intro.) a. and b., and (b), (9) (a) 2. (intro.), a. and b.; renum. (3) (b) to (f), (g), (j), (k), (L) and (n) to (3) (c), (e) to (h), (i), (L), (m), (o) and (p) and am., (3) (c), (e), (f) and (h), (4) (b) (intro.) to be (4) (b) and am., (3) (b) and (c) to (f) to be (3) (c) and (e) to (h) and am. (3) (c), (e), (f) and (h), (4) (f) to be (4) (c) and am., (4) (g) to be (4) (e) and am. (5) (c) 1. to be (5) (c) and am. (7) (a) 9. i. to be (7) (a) 9.d. and am., (10) (a), (b), (d) to be (11), (a), (b) and (c), r. (3) (i) and (m), (4) (b) 1. and 2., and (c) to (e), (5) (c) 2., (7) (a) 9. c. to h., (9) (a) 2.c., and (10) (c), (e) and (f); r. and recr. (8), (9) (a) 1. and (b), cr. (3) (b), (d), (j), (k) and (n), (4) (d), (5) (g), (7) (a) 9. c. and (10); Register, October, 1998, No. 514, eff. 11-1-98; corrections in (1), (4) (e), (5) (a), (7) (b) and (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b., (b), (11) (a) 1. Register July 2022 No. 799, eff. 8-1-22; correction in (7) (b), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

DCF 101.26 DCF 101.26 Child care. Foster care payments received pursuant to s. 48.645, Stats., and kinship care payments received pursuant to s. 48.57 (3m) or (3n), Stats., shall not be considered as family income in determining financial eligibility for child care subsidies under s. 49.155 (1m) (c), Stats.

DCF 101.26 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1709: emerg. r. (1), renum. (2) to (intro.), eff. 5-4-17; CR 17-033: r. (1), renum. (2) to (intro.), Register January 2018 No. 745, eff. 2-1-18.

DCF 101.27 DCF 101.27 Two-parent families.

DCF 101.27(1) (1) Requirements for the second parent. If a participant in a Wisconsin works employment position resides with the second parent of a dependent child with respect to whom the participant is a custodial parent, the second parent shall participate in prescribed work activities under sub. (3) if the Wisconsin works group receives federally-funded child care assistance on behalf of the dependent child. The W-2 agency shall inform the second parent all of the following:

DCF 101.27(1)(a) (a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount.

DCF 101.27(1)(b) (b) The second parent’s refusal to participate in W-2 employment and training activities will result in sanction for the Wisconsin works group pursuant to s. DCF 101.21.

DCF 101.27(2) (2) Exceptions. The second parent is not required to participate in employment and training activities if any of the following conditions are met:

DCF 101.27(2)(a) (a) The family is not receiving federally-funded child care assistance for a dependent child of the W-2 participant and the second parent.

DCF 101.27(2)(b) (b) The second parent is a disabled parent who receives federal or state disability payments or other benefits based on equivalent disability status. Federal or state disability payments include supplemental security income, social security disability insurance, veteran’s disability benefits, and worker’s compensation.

DCF 101.27(2)(c) (c) The second parent is caring for a severely disabled dependent child who has a physical, emotional, or mental impairment that is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:

DCF 101.27(2)(c)1. 1. Self-care.

DCF 101.27(2)(c)2. 2. Receptive and expressive language.

DCF 101.27(2)(c)3. 3. Learning.

DCF 101.27(2)(c)4. 4. Mobility.

DCF 101.27(2)(c)5. 5. Self-direction.

DCF 101.27(2)(c)6. 6. Capacity for independent living.

DCF 101.27(2)(c)7. 7. Economic self-sufficiency.

DCF 101.27(3) (3) Prescribed work activities. The second parent shall participate in any of the following activities for at least the difference between 55 hours and the number of hours the parent in the W-2 employment position participates in any of the following activities:

DCF 101.27(3)(a) (a) Unsubsidized employment as defined in s. 49.147 (1), Stats.

DCF 101.27(3)(b) (b) Employment subsidized by a source other than Wisconsin works.

DCF 101.27(3)(c) (c) Work experience other than a community service job.

DCF 101.27(3)(d) (d) On-the-job training funded by a source other than W-2.

DCF 101.27(3)(e) (e) A community service job as defined in s. 49.147 (4), Stats.

DCF 101.27(4) (4) Optional participation. If the Wisconsin works group is not receiving federally-funded child care assistance for a custodial child of a W-2 participant and second parent, the W-2 agency may offer the second parent the opportunity to participate in work activities. The W-2 agency shall inform the second parent all of the following:

DCF 101.27(4)(a) (a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount.

DCF 101.27(4)(b) (b) The second parent’s nonparticipation in W-2 employment and training activities will not result in sanction for the Wisconsin works group.

DCF 101.27(5) (5) Employability plan. If the second parent participates in W-2 employment or training activities, the W-2 agency shall create an employability plan for the second parent.

DCF 101.27 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2014 No. 701.