DCF 120.10 Review of agency decisions. DCF 120.01DCF 120.01 Purpose. This chapter implements s. 49.138, Stats., which directs the department to administer a program of emergency assistance for persons who are in need due to fire, flood, natural disaster, homelessness, impending homelessness, or energy crisis and who meet the eligibility criteria under this chapter. DCF 120.01 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. Register, January, 2001, No. 541, eff. 2-1-01. DCF 120.02DCF 120.02 Applicability. This chapter applies to all applicants for emergency assistance, all recipients of emergency assistance, and all county and tribal economic support agencies and W-2 agencies administering the emergency assistance program under s. 49.138, Stats. DCF 120.02 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99. DCF 120.03DCF 120.03 Definitions. In this chapter: DCF 120.03(1m)(1m) “Client error” means an error caused by an individual who is a member of an emergency assistance group reporting incorrect information or failing to report information due to a misunderstanding or mistake that results in an overpayment of emergency assistance. DCF 120.03(1p)(1p) “Destitution” means extreme want of resources or of the means of subsistence. DCF 120.03(2)(2) “Emergency assistance” means the program under s. 49.138, Stats., for emergency assistance to families with needy children in cases of fire, flood, natural disaster, homelessness, impending homelessness, or energy crisis. DCF 120.03(3)(3) “Emergency assistance group” or “group” means family as referred to in s. 49.138, Stats., and includes one or more dependent children as defined by s. 49.141 (1) (c), Stats., and a qualified caretaker relative with whom the child is living or was living at the time the emergency occurred. DCF 120.03(4)(4) “Emergency shelter facility” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or specific populations of the homeless. DCF 120.03(5m)(5m) “Misrepresentation” includes an intentional program violation and a client error. DCF 120.03(7)(7) “Qualified caretaker relative” means a caretaker of a child whose relationship to the caretaker or the caretaker’s spouse is one of the following: son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, stepbrother, stepsister, half brother or half sister, nephew, niece, uncle, aunt, first cousin or grand, great-grand or great-great grand son, daughter, nephew, or niece. A qualified caretaker relative continues to be a qualified relative even when the relationship is terminated by death or divorce. DCF 120.03(8)(8) “W-2 Agency” or “agency” means an entity that is administering the Wisconsin works program as a contractor under s. 49.143, Stats. DCF 120.03 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-059: cr. (6m) Register December 2009 No. 648, eff. 1-1-10; CR 23-073: cr. (1m), (4m), (5m) Register September 2024 No. 825, eff. 10-1-24; renum. (1) to (1p) under s. 13.92 (4) (b) 1., Stats., Register September 2024 No. 824 DCF 120.04DCF 120.04 Application. Application for emergency assistance shall be made on a form prescribed by the department. Upon receipt of a completed application, the agency shall verify that the emergency was due to fire, flood, natural disaster, homelessness, impending homelessness, or an energy crisis. An agency shall consider the application complete if the application includes a legible name; address, if available; reason for the emergency; signature by the applicant or the applicant’s representative and has been completed to the best of the applicant’s or representative’s ability. DCF 120.04 NoteNote: An application form for emergency assistance may be obtained from a county or tribal economic support agency or a Wisconsin Works (W–2) agency. Contact information for Wisconsin works agencies may be found at https://dcf.wisconsin.gov/w2/parents/locator . DCF 120.04 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. Register November 2006 No. 611, eff. 12-1-06; CR 23-073: am. Register September 2024 No. 824, eff. 10-1-24. DCF 120.05(1)(1) Criteria. The emergency assistance group shall meet all of the following nonfinancial eligibility criteria: DCF 120.05(1)(a)(a) The group members shall live in Wisconsin and intend to reside in Wisconsin, except a migrant worker is not required to meet the requirement as to intent to reside in Wisconsin. A never-married child under age 18 is a Wisconsin resident when he or she is under the legal custody of the department or an agency, regardless of the state in which he or she is living. Wisconsin residence shall not be lost when a dependent child or caretaker relative is temporarily absent from Wisconsin for the purpose of visiting, hospitalization, or education. DCF 120.05(1)(c)(c) The child for whom assistance is requested is or, within 6 months prior to the month of application for emergency assistance, was living with a qualified caretaker relative in a place of residence maintained as the caretaker relative’s own home and is anticipated to live with the qualified caretaker relative in the month following the application date. DCF 120.05(1)(d)(d) Assistance is needed to avoid destitution of the child or to provide a living arrangement for the child in a home. DCF 120.05(1)(e)(e) The child’s destitution or need for living arrangements did not result from the child or a qualified caretaker relative refusing without good cause to accept employment or training for employment. DCF 120.05(1)(em)(em) An individual under 18 years of age is ineligible to be a qualified caretaker relative unless: DCF 120.05(1)(em)2.2. The individual has no parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian who is living or whose whereabouts are known. DCF 120.05(1)(em)3.3. No living parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian allows the individual to live in the home of the parent, guardian, or relative. DCF 120.05(1)(em)4.4. The individual or the child for whom assistance is requested is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual’s own parent or legal guardian. DCF 120.05(1)(em)5.5. Substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual’s own parent or legal guardian. DCF 120.05(1)(em)6.6. The W-2 agency otherwise determines that it is in the best interest of the individual’s child to waive the general prohibition on assistance to unmarried caretakers who are under 18 years of age. DCF 120.05(1)(f)(f) As determined by the agency, the group’s need has resulted from an emergency due to one or more of the following causes: DCF 120.05(1)(f)3.3. A natural disaster such as a tornado, earthquake, electrical storm, windstorm, hail, sleet, a mud or rock slide, or a natural explosion such as lightning striking an object that then explodes. DCF 120.05(1)(f)4.4. Homelessness as determined under sub. (2). The cause of the homelessness need not be the result of a natural disaster. DCF 120.05(2)(2) Eligibility due to homelessness. An emergency assistance group shall be considered homeless for purposes of determining nonfinancial eligibility under sub. (1) if the group needs emergency assistance to obtain a permanent living accommodation and if any of the following conditions apply: DCF 120.05(2)(a)(a) The group lacks a fixed, regular, and adequate nighttime residence. DCF 120.05(2)(b)(b) The group has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, or emergency shelter facility. DCF 120.05(2)(c)(c) The group has already left its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority. DCF 120.05(2)(d)(d) The group is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation. DCF 120.05(3)(3) Eligibility due to impending homelessness. An emergency assistance group shall be considered to be facing impending homelessness for purposes of determining nonfinancial eligibility under sub. (1) if any of the following apply: DCF 120.05(3)(a)(a) The emergency assistance group is experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and the group has been notified that it will be required to leave its current housing if it does not make that payment immediately. The W-2 agency shall verify the following: DCF 120.05(3)(a)1.1. The emergency assistance group is experiencing a financial crisis due to reasons that are either beyond the control of an adult member of the group or that constitute good cause as determined by the W-2 agency. DCF 120.05(3)(a)2.a.a. Loss of employment that does not include voluntarily leaving appropriate employment without good cause. DCF 120.05(3)(a)2.b.b. Substantial loss of wages due to illness or injury of a group member, domestic violence, lack of child care, a transportation breakdown, or a reduction of work hours by an employer. DCF 120.05(3)(a)2.d.d. Exceptional, unexpected, and necessary expenses that are not the responsibility of a third party, such as car repair expenses necessary for transportation to work or medical expenses required to be paid. DCF 120.05(3)(a)2.e.e. Loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s. 49.152, Stats. DCF 120.05(3)(a)3.3. The emergency assistance group has received at least one of the following notices: DCF 120.05(3)(a)3.a.a. A notice terminating tenancy for failure to pay rent that meets the minimum requirements of s. 704.17, Stats. DCF 120.05(3)(a)3.b.b. A summons and complaint for an eviction action which is based on failure to pay rent. DCF 120.05(3)(a)3.d.d. A summons and complaint for a foreclosure action that is based on failure to pay property taxes or a mortgage. DCF 120.05(3)(a)3.e.e. A writ of assistance, notice of sale, or other verifiable documentation that a foreclosure judgment has been entered against a member of the emergency assistance group and the group will be required to vacate the premises imminently. DCF 120.05 NoteNote: Section 799.40 (4), Stats., provides: “The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant’s eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s. 227.01 (14).” DCF 120.05(3)(b)1.1. The emergency assistance group has received written or oral notice that the group will be removed from their rental housing because of a foreclosure action against the owner. DCF 120.05(3)(b)2.2. The removal of the group from the rental housing is scheduled to occur within 30 days. DCF 120.05(3)(b)3.3. The group needs emergency assistance to obtain a new permanent living accommodation. DCF 120.05(3)(c)(c) The group has to leave its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority and the group needs emergency assistance to obtain a new permanent living accommodation. DCF 120.05(3)(d)(d) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats., and the group needs emergency assistance to obtain a new permanent living accommodation or retain a current permanent living accommodation. DCF 120.05(4)(4) Eligibility due to energy crisis. An emergency assistance group is eligible for assistance due to an energy crisis if all of the following apply: DCF 120.05(4)(a)(a) The group has exhausted resources available through the Wisconsin Home Energy Assistance Program, assistance available through a local utility company as required by the public service commission, and any other available energy resources. In this paragraph, “exhausted resources” means either that the group has been denied services from the other sources or other funding sources do not cover the full cost of the group’s energy crisis. DCF 120.05(4)(b)(b) The group needs financial assistance to obtain or maintain heat, electricity, water, or sewer service provided by a utility company. DCF 120.05(4)(c)(c) The lack of, or imminent lack of, utility service providing heat, electricity, water, or sewer is or is likely to be an immediate threat to the health or safety of the group. DCF 120.05(4)(d)(d) The energy crisis is due to reasons beyond the control of adult members of the group or constitute good cause as determined by the W-2 agency. DCF 120.05 NoteNote: For more information on the Wisconsin Home Energy Assistance Program (WHEAP), call 1-866-HEATWIS (1-866-432-8947) or click on “where to apply” at http://www.homeenergyplus.wi.gov/. For more information on utility assistance required by the Public Service Commission, see PSC 113, PSC 134, and PSC 185. For concerns about utility service, contact the Public Service Commission at 1-800-225-7729 or the “contact us” section of http://psc.wi.gov. DCF 120.05 HistoryHistory: Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (em), (f) 5., and (3), renum. (1) (f) 5. to be (1) (f) 6., Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (1) (f) 6. and (3), cr. (3) (b) and (4), eff. 4-22-09; CR 09-059: am. (1) (f) 6., (2) (c) and (3), cr. (3) (b) to (d) and (4) Register December 2009 No. 648, eff. 1-1-10; CR 08-068: am. (1) (c) Register May 2010 No. 653, eff. 6-1-10; correction in (4) (intro.) made under s. 35.17, Stats., Register September 2024 No. 825. DCF 120.06DCF 120.06 Financial eligibility. To be eligible for emergency assistance, all of the following conditions shall be met: DCF 120.06(1)(1) Income. The gross income of the emergency assistance group may not exceed 115% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (4) except any of the following grants received in the month of the emergency is not counted: DCF 120.06(1)(b)(b) Foster care payments under s. 48.62, Stats., if the payment is on behalf of a child who is a relative. DCF 120.06(2)(2) Assets. The assets of the emergency assistance group may not exceed $2,500 in combined equity value. In determining the combined equity value of assets under this subsection, the agency shall exclude all of the following: DCF 120.06(2)(a)(a) The equity value of vehicles up to a total equity value of $10,000. In this paragraph, “equity value of vehicles” means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles. DCF 120.06(2)(b)(b) One home that serves as the homestead for the emergency assistance group.
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