DCF 101.095(4)(a) (a) At least 1,000 individuals were living on the reservation or in the village or Indian country.

DCF 101.095(4)(b) (b) At least 50 percent of the adults living on the reservation or in the village or Indian country were unemployed.

DCF 101.095(5) (5) Criteria for extension of the 48-month lifetime limit. A W-2 agency may, subject to subs. (6) and (7), extend the 48-month lifetime limit under sub. (1) if the agency determines that the individual meets the conditions in par. (a) or (b) as follows:

DCF 101.095(5)(a) (a) Hardship. The individual is experiencing hardship due to any of the following:

DCF 101.095(5)(a)1. 1. The individual is unable to work due to a personal disability or incapacitation.

DCF 101.095(5)(a)2. 2. The individual needs to remain at home to care for a member of the individual’s Wisconsin works group whose incapacity is so severe that without in-home care provided by the individual the health and well-being of the Wisconsin works group member would be significantly affected.

DCF 101.095(5)(a)3. 3. The individual has significant limitations to employment such as any of the following:

DCF 101.095(5)(a)3.a. a. Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment but are not sufficient to meet the criteria for eligibility for supplemental security income under 42 USC 1383c or social security disability insurance under 42 USC 401 to 433.

DCF 101.095(5)(a)3.b. b. Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

DCF 101.095(5)(a)4. 4. The individual has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity. In this subdivision, “reasonable job opportunity” means a job that pays at least minimum wage and conforms to all applicable federal and state laws. The W-2 agency shall document at least one of the following:

DCF 101.095(5)(a)4.a. a. The inability of W-2 participants with similar skills, or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs.

DCF 101.095(5)(a)4.b. b. The unavailability of jobs in labor market sectors that match the individual’s skills, as supported by specific examples of layoffs in these labor market sectors or by labor market data published by the department of workforce development or the United States department of labor.

DCF 101.095(5)(a)4.c. c. The unavailability of jobs in the labor market within a reasonable distance and travel time of the individual’s home, as supported by specific examples of layoffs in this labor market or by labor market data published by the department of workforce development or the United States bureau of labor statistics.

DCF 101.095(5)(a)5. 5. The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15 or psychosocial rehabilitation services as approved by the department.

DCF 101.095(5)(b) (b) Battered or subjected to extreme cruelty. The individual’s Wisconsin works group includes a member who has been battered or subjected to extreme cruelty based on the fact that the member has been subjected to any of the following:

DCF 101.095(5)(b)1. 1. Physical acts that resulted in, or threatened to result in, physical injury to the individual.

DCF 101.095(5)(b)2. 2. Sexual abuse.

DCF 101.095(5)(b)3. 3. Sexual activity involving a dependent child.

DCF 101.095(5)(b)4. 4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.

DCF 101.095(5)(b)5. 5. Threats of, or attempts at, physical or sexual abuse.

DCF 101.095(5)(b)6. 6. Mental abuse.

DCF 101.095(5)(b)7. 7. Neglect or deprivation of medical care.

DCF 101.095(6) (6) Length of the extension period. A Wisconsin Works agency may grant an extension to the lifetime limit on program participation or benefit receipt under this section for a time period of no more than 6 consecutive months.

DCF 101.095(7) (7) Maximum number of extension periods. A Wisconsin works agency may determine the appropriate number of extensions to the lifetime limit on program participation or benefit receipt under this section.

DCF 101.095(8) (8) Department review. The department may review, approve, or overturn a W-2 agency’s determination regarding an extension of the lifetime time limit on program participation or benefit receipt under this section.

DCF 101.095 History History: CR 18-016: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (4) (intro.) made under s. 35.17, Stats., Register October 2021 No. 790.

DCF 101.10 DCF 101.10 Temporary absence.

DCF 101.10(1) (1) Denial of assistance for a dependent child who is absent from the home for a significant period. A dependent child may be absent from the custodial parent’s home but still be considered under the care of the custodial parent if the following conditions are met:

DCF 101.10(1)(a) (a) The dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent’s home.