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:

DCF 101.195(2)(2) Termination. Before taking any action that would result in termination of a participant’s eligibility to participate in Wisconsin works, a Wisconsin works agency shall issue a written notice to the participant. The notice shall include a date and description of the deficiency, failure, or other behavior that has resulted in the termination of eligibility.

DCF 101.195(3)(3) Reasonable time to rectify.

DCF 101.195(3)(a)(a) In this subsection, “reasonable time” means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).

DCF 101.195(3)(b)(b) A participant who believes the Wisconsin works agency’s decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure, or other behavior to avoid the reduction of benefits or termination of eligibility.

DCF 101.195(3)(c)(c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant’s benefits or eligibility to the level determined to be appropriate by the Wisconsin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated.

DCF 101.195(3)(d)(d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility.

DCF 101.20(1)(1) Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements or for failing to appear in person or by representative at a scheduled review under s. 49.152 (2), Stats. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause shall be any of the following circumstances:

DCF 101.20(1)(a)(a) A required court appearance, including a required court appearance for a victim of domestic abuse.