2.8.2.1 Child Welfare Case-by-Case Exception

A case-by-case exception may extend the three-month temporary absence period to six months for child welfare-related absences if all of the following conditions are met:

The custodial parent is cooperating in and satisfactorily completing W-2 agency’s assigned activities.

The applicant or participant must report the child’s temporary absence due to child welfare issues to the W-2 Wisconsin Works agency within five working days. The five-day reporting requirement begins when the parent knows the child is absent due to child welfare issues. The W-2 agency will accept a report of a child’s temporary absence from the Child Welfare agency as a report from the parent. The W-2 agency must inform the parent if the Child Welfare agency reports a child’s absence on their behalf. If the Child Welfare agency is involved with the family, the W-2 agency worker must coordinate with the Child Welfare agency to implement communication procedures to meet the reporting requirements.

The Child Welfare agency confirms the child was removed from the home due to child welfare issues (note that juvenile justice involvement alone does not meet this requirement).

The parent maintains an appropriate home for the child as determined by the W-2 and Child Welfare agencies (e.g., the parent is not in a treatment center or other out-of-home placement).

The W-2 agency should contact the Child Welfare agency with any concerns about the safety of the home.

Note : The parent’s participation in out-of-home care for mental health, AODA Alcohol and Other Drug Abuse , or medical care for no longer than one month during the child’s absence from the home does not preclude eligibility based on temporary absence provided the home remains appropriate for the child based on determinations by the W-2 and Child Welfare agencies.

The Child Welfare agency’s permanency plan and any other Child Welfare agency plan states that the child is expected to be reunified with the parent in the parent’s household within six months and the child while in the out-of-home placement.

The child’s out-of-home placement type supports reuniting the child with the parent in the parent’s household within six months of the child’s temporary absence from the home (e.g., child is not in a pre-adoptive placement).

The custodial parent is cooperating with and is on track to complete all Child Welfare agency requirements for reunification.

For each month the child welfare exception is applied, the W-2 agency must:

Verify condition 1 above is met; and

Contact the Child Welfare agency to determine whether conditions 2-7 above are met.