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Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. DCF 101.18 WISCONSIN ADMINISTRATIVE CODE 12 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: 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. 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 partic- ipant was first determined to be eligible for AFDC or for a Wis- consin works employment position, unless any of the following conditions are met: 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 re- ported to a physician and to law enforcement authorities. 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. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction made un- der 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) Reg- ister 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 Payment procedures. (1) DESIGNATION OF PAYEE. CSJ or transitional placement benefits shall be made payable as appropriate to: (a) The participant. (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. (c) Guardian or conservator of the participant. (2) PROTECTIVE AND VENDOR PAYMENTS. (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 transi- tional 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 pro- tective or vendor payment or both. The W-2 agency shall investi- gate reports of mismanagement before instituting protective or vendor payments. (b) The W-2 agency shall document in the case record the rea- son 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. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97. DCF 101.195 Notice before taking certain actions. (1) TWENTY PERCENT OR MORE REDUCTION. Before a Wiscon- sin works agency may take any action that would result in a 20 percent or more reduction in a participant’s benefits due to non- participation with Wisconsin works program requirements, the Wisconsin works agency shall issue a written notice to the partic- ipant. The notice shall be issued no later than 5 business days fol- lowing 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: (a) The dates of nonparticipation. (b) A description of the activities missed. (c) The number of hours missed on the dates of nonparticipation. (d) The amount to be deducted from the benefit for each hour of nonparticipation. (2) TERMINATION. Before taking any action that would result in termination of a participant’s eligibility to participate in Wis- consin works, a Wisconsin works agency shall issue a written no- tice to the participant. The notice shall include a date and de- scription of the deficiency, failure, or other behavior that has re- sulted in the termination of eligibility. (3) REASONABLE TIME TO RECTIFY. (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). (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 be- havior to avoid the reduction of benefits or termination of eligibility. (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 el- igibility to the level determined to be appropriate by the Wiscon- sin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated. (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. History: CR 17-066: cr. Register July 2018 No. 751, eff. 8-1-18. DCF 101.20 Determination of good cause. (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 per- son 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: (a) A required court appearance, including a required court appearance for a victim of domestic abuse. (b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements. (c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant’s commute, participant safety, the cost of the transportation relative to the participant’s income, and other rele- vant factors. (d) Participant or W-2 group member’s illness, injury, disabil- ity, or incapacity. (e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity. (f) Conflict with another assigned W-2 activity or job search attempts. (g) Inclement weather that impedes transportation or travel. (h) School emergency. (i) Domestic violence issues. Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register May 2026 No. 845