DCF 101.17 NoteNote: See s. 49.147 (6) (am), Stats., regarding vehicle loan requirements and s. 49.147 (6) (e), Stats., regarding eligibility for noncustodial parents.

DCF 101.17 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (b), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. (2) (a) 1., Register November 2006 No. 611, eff. 12-1-06; corrections in (1) (intro.) and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22.

DCF 101.18(1)(1) Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following wages or benefits:

DCF 101.18(1)(a)(a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works agency and the trial employment match program employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. DCF 101.16 (2) (c) shall be included in determining the number of hours actually worked.

DCF 101.18(1)(b)(b) Community service jobs. For a participant in a community service job, a monthly grant in the amount provided under s. 49.148 (1) (b), Stats. For every hour that the participant misses work or education or training activities without good cause including any activity under s. DCF 101.16 (3) (c) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (b), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

DCF 101.18(1)(c)(c) Transitional placements. For a participant in a transitional placement, a monthly grant in the amount provided under s. 49.148 (1) (c), Stats. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. DCF 101.16 (4) (b) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (c), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

DCF 101.18(2)(2) Custodial parent of infant.

DCF 101.18(2)(a)(a) A custodial parent of a child who is 8 weeks old or less and who meets the eligibility requirements under s. DCF 101.09 (2) to (4) may receive a monthly grant in the amount provided under s. 49.148 (1m), Stats. A Wisconsin works agency may not require a participant under this subsection to participate in a trial employment match program job, CSJ, or transitional placement.

DCF 101.18(2)(b)(b) For purposes of the lifetime limit on program participation and benefit receipt under ss. DCF 101.09 (2) (n) and 101.095 and the time limits for participation in a particular Wisconsin works employment position under s. DCF 101.16 (2) (e), (3) (e), or (4) (c), receipt of a grant under this subsection has the following effect:

DCF 101.18(2)(b)1.1. The grant does not constitute participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position.

DCF 101.18(2)(b)2.2. The grant constitutes participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position, unless any of the following conditions are met:

DCF 101.18(2)(b)2.a.a. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3), Stats., or in violation of s. 948.02 or 948.025, Stats., and the sexual assault has been reported to a physician and to law enforcement authorities.

DCF 101.18(2)(b)2.b.b. The child was conceived as a result of incest in violation of s. 944.06 or 948.06, Stats., and the incest has been reported to a physician and to law enforcement authorities.

DCF 101.18 HistoryHistory: Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: am. (2) (a), r. and recr. (2) (b) Register October 2021 No. 790, eff. 11-1-21; CR 21-090: am. (2) (a) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) (a), (2) (a) Register July 2022 No. 799, eff. 8-1-22; merger of (2) (a) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

DCF 101.19(1)(1) Designation of payee. CSJ or transitional placement benefits shall be made payable as appropriate to:

DCF 101.19(1)(b)(b) Spouse of the participant. The spouse shall be living in the home unless designated as protective payee or appointed by a court to be the legal representative.

DCF 101.19(2)(2) Protective and vendor payments.

DCF 101.19(2)(a)(a) If continued mismanagement of funds is a threat to the health and safety of the child as determined by the FEP, all or part of the CSJ or transitional placement benefit may be a protective payment or part of the CSJ or W-2 T benefit may be a direct payment and part a protective or vendor payment or both. The W-2 agency shall investigate reports of mismanagement before instituting protective or vendor payments.

DCF 101.19(2)(b)(b) The W-2 agency shall document in the case record the reason for the authorization of protective or vendor payment and shall show the name of the eligible participant, the name of the protective or vendor payee, and the amount and form of payment authorized.

DCF 101.195(1)(1) Twenty percent or more reduction. Before a Wisconsin works agency may take any action that would result in a 20 percent or more reduction in a participant’s benefits due to nonparticipation with Wisconsin works program requirements, the Wisconsin works agency shall issue a written notice to the participant. The notice shall be issued no later than 5 business days following the department’s notification to the Wisconsin works agency of participants subject to a potential 20 percent or more payment reduction. The notice shall contain all of the following information: