Chapter DCF 101

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.