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Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 19 DEPARTMENT OF CHILDREN AND FAMILIES DCF 101.27 of good cause, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the documentation. (b) Good cause for failing to participate in learnfare case man- agement shall be any of the following circumstances: 1. Child care is needed for the child to participate in case management, but child care is not available. 2. Transportation is needed to and from child care for the mi- nor parent’s child, but neither public nor private transportation is available. 3. Court-required appearance, including required court ap- pearances for a victim of domestic abuse, or temporary incarceration. 4. Observance of a religious holiday. 5. Death of a relative. 6. Family emergency. 7. Illness, injury, or incapacity of the child or a family mem- ber living with the child. In this subdivision, “family member” means a spouse, child or parent. 8. Medical or dental appointment for the minor parent or the minor parent’s child. 9. Breakdown in transportation. 10. A review decision under s. 49.152, Stats., identifies cir- cumstances that justify good cause. 11. Other circumstances beyond the control of the child or the child’s parent, but only as determined by the W-2 agency. (11) APPLYING FINANCIAL PENALTIES. (a) Notice. Upon de- termining that a financial penalty is proper under sub. (9), the W- 2 agency shall send written notice to the W-2 participant which specifies all of the following: 1. That the CSJ or transitional benefit will be reduced or that a financial penalty will be imposed on a trial employment match program job participant, in the amount of $50 per month per penalty not to exceed $150 per W-2 group per month, because the child has failed to meet the school attendance requirement or the child has failed to participate in learnfare case management and continues to fail to meet the school attendance requirement. 2. The child to whom the financial penalty applies. 3. How the W-2 participant can contact the school district for information regarding the children at risk program under s. 118.153, Stats. 4. The child’s or W-2 participant’s right to request a review under par. (b), and that if a review is requested within 10 days of the date of the notice, the penalty will not be imposed until after the fact finding review decision. (b) Review of agency decision. The child or W-2 participant may request a review of an agency decision in accordance with ss. 49.152 and 49.26, Stats., on the W-2 agency’s determination that a financial penalty is proper under sub. (9) If a review is re- quested within 10 days of the date of the notice of financial penalty, the penalty shall not be imposed until after the fact find- ing review decision, unless the participant withdraws the petition in writing or abandons the petition. (c) Effective period of financial penalty. A financial penalty shall be imposed each payment month until the child meets the school attendance requirement or participates in case manage- ment or an exemption reason under sub. (4) or a good cause rea- son under sub. (10) is verified. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; emerg. am. eff. 1-2- 98; am. (1), (2) (b), (3)(a), (4) (a), (5) (a), (b), (d) and (f), (6) (a) and (b), (7) (a) (in- tro.) and 1. to 7.,8. (intro.), a. and c., 9. (intro.) a. and b., and (b), (9) (a) 2. (intro.), a. and b.; renum. (3) (b) to (f), (g), (j), (k), (L) and (n) to (3) (c), (e) to (h), (i), (L), (m), (o) and (p) and am., (3) (c), (e), (f) and (h), (4) (b) (intro.) to be (4) (b) and am., (3) (b) and (c) to (f) to be (3) (c) and (e) to (h) and am. (3) (c), (e), (f) and (h), (4) (f) to be (4) (c) and am., (4) (g) to be (4) (e) and am. (5) (c) 1. to be (5) (c) and am. (7) (a) 9. i. to be (7) (a) 9.d. and am., (10) (a), (b), (d) to be (11), (a), (b) and (c), r. (3) (i) and (m), (4) (b) 1. and 2., and (c) to (e), (5) (c) 2., (7) (a) 9. c. to h., (9) (a) 2.c., and (10) (c), (e) and (f); r. and recr. (8), (9) (a) 1. and (b), cr. (3) (b), (d), (j), (k) and (n), (4) (d), (5) (g), (7) (a) 9. c. and (10); Register, October, 1998, No. 514, eff. 11-1-98; cor- rections in (1), (4) (e), (5) (a), (7) (b) and (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b., (b), (11) (a) 1. Register July 2022 No. 799, eff. 8-1-22; correction in (7) (b), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2022. DCF 101.26 Child care. Foster care payments received pursuant to s. 48.645, Stats., and kinship care payments received pursuant to s. 48.57 (3m) or (3n), Stats., shall not be considered as family income in determining financial eligibility for child care subsidies under s. 49.155 (1m) (c), Stats. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1709: emerg. r. (1), renum. (2) to (in- tro.), eff. 5-4-17; CR 17-033: r. (1), renum. (2) to (intro.), Register January 2018 No. 745, eff. 2-1-18. DCF 101.27 Two-parent families. (1) REQUIREMENTS FOR THE SECOND PARENT. If a participant in a Wisconsin works employment position resides with the second parent of a depen- dent child with respect to whom the participant is a custodial par- ent, the second parent shall participate in prescribed work activi- ties under sub. (3) if the Wisconsin works group receives feder- ally-funded child care assistance on behalf of the dependent child. The W-2 agency shall inform the second parent all of the following: (a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount. (b) The second parent’s refusal to participate in W-2 employ- ment and training activities will result in sanction for the Wiscon- sin works group pursuant to s. DCF 101.21. (2) EXCEPTIONS. The second parent is not required to partic- ipate in employment and training activities if any of the following conditions are met: (a) The family is not receiving federally-funded child care as- sistance for a dependent child of the W-2 participant and the sec- ond parent. (b) The second parent is a disabled parent who receives fed- eral or state disability payments or other benefits based on equiv- alent disability status. Federal or state disability payments in- clude supplemental security income, social security disability in- surance, veteran’s disability benefits, and worker’s compensation. (c) The second parent is caring for a severely disabled depen- dent child who has a physical, emotional, or mental impairment that is characterized by the need for individually planned and co- ordinated care, treatment, vocational rehabilitation, or other ser- vices and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas: 1. Self-care. 2. Receptive and expressive language. 3. Learning. 4. Mobility. 5. Self-direction. 6. Capacity for independent living. 7. Economic self-sufficiency. (3) PRESCRIBED WORK ACTIVITIES. The second parent shall participate in any of the following activities for at least the differ- ence between 55 hours and the number of hours the parent in the W-2 employment position participates in any of the following activities: 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