Chapter DCF 101

DCF 101.23(10)(b) (b) Notice prior to levy.

DCF 101.23(10)(b)1. 1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.

DCF 101.23(10)(b)2. 2. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.

DCF 101.23(10)(b)3. 3. The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy.

DCF 101.23(10)(b)4. 4. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

DCF 101.23(10)(c) (c) Service of levy and review when property levied.

DCF 101.23(10)(c)1. 1. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.

DCF 101.23(10)(c)2. 2. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy.

DCF 101.23(10)(c)3. 3. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.

DCF 101.23(10)(d) (d) Third-party response.

DCF 101.23(10)(d)1. 1. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.

DCF 101.23(10)(d)2. 2. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

DCF 101.23(10)(e) (e) Appeal rights before surrendered property is sold. If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

DCF 101.23(10)(f) (f) Exemption rights.

DCF 101.23(10)(f)1. 1. The debtor is entitled to an exemption from levy of the greater of the following:

DCF 101.23(10)(f)1.a. a. A subsistence allowance of 75% of the debtor’s disposable earnings then due and owing.

DCF 101.23(10)(f)1.b. b. An amount equal to 30 times the federal minimum hourly wage for each full week of the debtor’s pay period.

DCF 101.23(10)(f)1.c. c. An amount equal to 60 times the federal minimum hourly wage for a two-week pay period.

DCF 101.23(10)(f)1.d. d. An amount equal to 130 times the federal minimum hourly wage for a monthly pay period.

DCF 101.23(10)(f)2. 2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment.

DCF 101.23(10)(g) (g) Proceeds.

DCF 101.23(10)(g)1. 1. The department shall apply all money obtained under this subsection first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.

DCF 101.23(10)(g)2. 2. Whenever the value of any personal property that has been levied upon under this subsection is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.

DCF 101.23(10)(g)3. 3. The department may refund or credit any amount left after the applications under subd. 1., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.

DCF 101.23(11) (11) Warrant and execution, levy, and tax intercept appeal issues. Any appeal based on a notice in subs. (9) and (10) or a notice of intent to certify a debt for set-off against a state tax refund under s. 49.85, Stats., shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor.

DCF 101.23(12) (12) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under subs. (9) and (10) may be commenced is $300.

DCF 101.23(13) (13) Waiver. The department may waive recovery of an overpayment under this section if the department has made reasonable efforts to recover the overpayment from the debtor and determines it is no longer cost effective to continue overpayment recovery efforts.

DCF 101.23 History History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-123: r. and recr. Register July 2005 No. 595, eff. 8-1-05; corrections in (5) (a) 1., (b) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (a), (6) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.25 DCF 101.25 Learnfare.

DCF 101.25(1) (1) Authority and purpose. This section is adopted under the authority of ss. 49.26 (1) (gm) 2. and (h) 1., Stats., to provide rules for the administration of learnfare, a program that requires that all children ages 6 to 17 whose custodial parent is a participant in a W-2 employment position, who are parents or who are residing with a natural or adoptive parent and who have not graduated from high school or received a high school equivalency diploma meet the school attendance requirements and that minor parents, dropouts, returning dropouts and habitual truants participate in case management to meet Wisconsin works participation requirements.

DCF 101.25(2) (2) Applicability. This section applies to:

DCF 101.25(2)(a) (a) All school districts and all W-2 agencies.

DCF 101.25(2)(b) (b) All children ages 6 to 17 included in a W-2 group who are parents or who are residing with a natural or adoptive parent and all W-2 groups which include a child who is a parent or who is residing with a natural or adoptive parent.

DCF 101.25(3) (3) Definitions. In this section:

DCF 101.25(3)(a) (a) “Ceased to attend” means that the child has 20 consecutive full school days of unexcused absences.

DCF 101.25(3)(b) (b) “Child” means a person who is 6 to 17 years old.

DCF 101.25(3)(c) (c) “Dropout” means a child who has ceased to attend school, has not graduated from high school or received a high school equivalency diploma and does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3), Stats.

DCF 101.25(3)(d) (d) “Enrolled” means a child is officially registered to attend school.

DCF 101.25(3)(e) (e) “Excused absence” means that the reason for the absence meets the school district’s definition of a valid reason for the child not to attend school.

DCF 101.25(3)(f) (f) “Habitual truant” has the meaning given in s. 118.16 (1) (a), Stats.

DCF 101.25 Note Note: “Habitual truant” is defined in s. 118.16 (1) (a), Stats., as “a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for part or all of 5 or more days on which school is held during a school semester.”

DCF 101.25(3)(g) (g) “High school equivalency diploma” means a certificate of educational achievement issued under s. 115.29 (4), Stats., and ch. PI 5 following completion of a course of study.

DCF 101.25(3)(h) (h) “Learnfare” means the program established under s. 49.26, Stats., and this section.

DCF 101.25(3)(i) (i) “Learnfare case management” means intervention for the purpose of assessing family needs, incorporating a plan to maintain school enrollment and further school attendance into the learnfare case management plan and assisting in the implementation of the plan for the purpose of maintaining school enrollment and furthering regular school attendance and career preparation by the child.

DCF 101.25(3)(j) (j) “Minor parent” means a child who is the parent of a dependent child.

DCF 101.25(3)(k) (k) “Returning dropout” means a child who was a dropout and reenrolled in school in the same semester in which the child dropped out of school or the immediately succeeding semester.

DCF 101.25(3)(L) (L) “School” has the meaning prescribed in s. 49.26 (1) (a) 2., Stats.

DCF 101.25(3)(m) (m) “School attendance officer” has the meaning prescribed in s. 118.16 (1) (b), Stats.

DCF 101.25(3)(n) (n) “School attendance requirement” means the child is enrolled in school or was enrolled in the immediately preceding semester.

DCF 101.25(3)(o) (o) “School district” means the territorial unit for school administration as specified in s. 115.01 (3), Stats. and includes a nonresident school district approved under s. 118.51, Stats.

DCF 101.25(3)(p) (p) “Unexcused absence” means that the reason for the absence does not meet the school district’s definition of a valid reason for the child not to attend school.

DCF 101.25(4) (4) Participation in learnfare.

DCF 101.25(4)(a) (a) A child shall meet the school attendance requirement except that a child who has graduated from high school or received a high school equivalency diploma is exempt from the school attendance requirement under this section.

DCF 101.25(4)(b) (b) A child who is required to participate in learnfare under this section shall be considered to have failed to have met the school attendance requirement if the child is not enrolled in school or was not enrolled in the immediately preceding semester.

DCF 101.25(4)(c) (c) The child or the W-2 participant shall cooperate in providing information needed to verify enrollment information or exemption reasons under sub. (7). If neither the child nor the W-2 participant cooperates, the W-2 participant shall be ineligible for a W-2 employment position.

DCF 101.25(4)(d) (d) Minor parents, dropouts, returning dropouts, and habitual truants shall participate in case management under sub. (8).

DCF 101.25(4)(e) (e) The dropout or the W-2 participant shall notify the agency of the dropout’s nonattendance at school in compliance with s. DCF 101.09 (2) (m).

DCF 101.25(5) (5) Agency responsibilities.

DCF 101.25(5)(a) (a) The W-2 agency shall review enrollment and attendance information at all initial eligibility determinations and at all reviews under s. DCF 101.16 (2) to (4).

DCF 101.25(5)(b) (b) The W-2 agency shall inform the W-2 employment position participant that the signature of the participant on the W-2 application constitutes permission for the release of school enrollment and attendance information by the school district.

DCF 101.25(5)(c) (c) The W-2 agency shall request information from the school attendance officer in the child’s school district about the child’s enrollment and attendance in the school district’s current or most recently completed semester of attendance.

DCF 101.25(5)(d) (d) The W-2 agency shall use the enrollment and attendance information provided by a school to verify enrollment and attendance for a child.

DCF 101.25(5)(e) (e) The W-2 agency shall review a child’s claim that 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 the child has a good cause reason under sub. (10) for not participating in case management.

DCF 101.25(5)(f) (f) The W-2 agency shall administer child care, including applying the appropriate child care co-payment under s. 49.155 (5), Stats., and transportation funds under s. 49.26 (1) (e), Stats. Payment for the cost of transportation to and from the child care provider shall be in the amount equal to the cost of transportation by the most appropriate means as determined by the department or the W-2 agency.

DCF 101.25(5)(g) (g) If the child or W-2 participant does not have the power to produce verification of enrollment or good cause for not participating in case management, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

DCF 101.25 Note Note: See DCF 101.11, relating to verification.

DCF 101.25(6) (6) School district responsibilities.

DCF 101.25(6)(a) (a) The school attendance officer shall provide information to the agency about the enrollment and attendance of a child who is enrolled in the public school in the school district within 5 working days after the date of receipt of the written request from the agency.

DCF 101.25(6)(b) (b) The requirement under 20 USC 1232g and s. 118.125 (2), Stats., that written consent be given for a school district to make available the enrollment and attendance records of a pupil shall be met in the case of a child in a W-2 group by the signature of the parent, guardian, caretaker or pupil on the W-2 application for initial eligibility or eligibility redetermination.

DCF 101.25(6)(c) (c) The school district shall define how many hours of attendance count as a full and part day and shall provide that definition, upon request, to the agency.

DCF 101.25(7) (7) Exemption reasons.

DCF 101.25(7)(a) (a) A child who is required to meet the school attendance requirement to meet the learnfare participation requirements under s. 49.26, Stats., shall comply except when exempt which shall be demonstrated by any of the following circumstances:

DCF 101.25(7)(a)1. 1. The minor parent is the caretaker of a child who is less than 45 days old.

DCF 101.25(7)(a)2. 2. The minor parent is the caretaker of a child who is 45 to 89 days old and the minor parent has a physician’s excuse or, child care for the minor parent’s child is required but there is no available on-site day care at the school and the school has no home instruction program.

DCF 101.25(7)(a)3. 3. The minor parent is the caretaker of a child who is 90 or more days old and the minor parent has a physician’s excuse.

DCF 101.25(7)(a)4. 4. Child care services for the minor parent’s child are necessary for the minor parent to attend school but child care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., is not available. Child care shall be considered unavailable if there is no space available for the child in day care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., within reasonable travel time and distance of the pupil’s home.

DCF 101.25(7)(a)5. 5. Transportation to and from child care is necessary for the minor parent’s child and there is no public or private transportation available.

DCF 101.25(7)(a)6. 6. The child is temporarily excused from school attendance by the school district under s. 118.15 (3), Stats.

DCF 101.25(7)(a)7. 7. The child is prohibited by the school district from attending school and an expulsion under s. 120.13 (1), Stats., is pending. This exemption no longer applies once the child has been formally expelled.

DCF 101.25(7)(a)8. 8. The child is unable to attend school because the child was expelled under s. 120.13 (1), Stats., and another school is not available for one of the following reasons:

DCF 101.25(7)(a)8.a. a. There is no public or private school within reasonable travel time or distance which will accept the child.

DCF 101.25(7)(a)8.b. b. There is no public or private transportation available to another school.

DCF 101.25(7)(a)8.c. c. There is a public or private school which will accept the child but the tuition charge is prohibitive and the child’s school district refuses to pay the tuition.

DCF 101.25(7)(a)9. 9. The child failed to enroll in school for one or more of the reasons in this subdivision:

DCF 101.25(7)(a)9.a. a. Illness, injury or incapacity of the child or a member of the child’s family. In this subparagraph, “member of the child’s family” means a spouse, dependent child, or parent of the child who lives with the child.

DCF 101.25(7)(a)9.b. b. Temporary incarceration.

DCF 101.25(7)(a)9.c. c. The child is on the waiting list for a children-at-risk program under s. 118.153, Stats., and a children-at-risk program that is appropriate for the child is not available.

DCF 101.25(7)(a)9.d. d. Any other circumstance beyond the control of the child.

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.