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.