Page 7
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 7 DEPARTMENT OF CHILDREN AND FAMILIES DCF 101.15 participation or benefit receipt under this section for a time pe- riod of no more than 6 consecutive months. (7) MAXIMUM NUMBER OF EXTENSION PERIODS. A Wiscon- sin works agency may determine the appropriate number of ex- tensions to the lifetime limit on program participation or benefit receipt under this section. (8) DEPARTMENT REVIEW. The department may review, ap- prove, or overturn a W-2 agency’s determination regarding an ex- tension of the lifetime time limit on program participation or ben- efit receipt under this section. History: CR 18-016: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (4) (intro.) made under s. 35.17, Stats., Register October 2021 No. 790. DCF 101.10 Temporary absence. (1) DENIAL OF AS- SISTANCE FOR A DEPENDENT CHILD WHO IS ABSENT FROM THE HOME FOR A SIGNIFICANT PERIOD. A dependent child may be ab- sent from the custodial parent’s home but still be considered un- der the care of the custodial parent if the following conditions are met: (a) The dependent child will not be or has not been continu- ously absent for more than 3 months and the child is expected to return to the custodial parent’s home. (b) The absence is not the result of removal of the child under a dispositional order issued under s. 48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more. (c) The custodial parent continues to exercise responsibility for the care and control of the child. If an individual is receiving kinship care payments under s. 48.57 (3m), Stats., for the care of the child, the child is not considered to be under the care and con- trol of the custodial parent. (2) DENIAL OF ASSISTANCE FOR CUSTODIAL PARENT WHO FAILS TO NOTIFY THE W-2 AGENCY OF ABSENCE OF CHILD. A cus- todial parent of a dependent child who fails to notify the Wiscon- sin works agency of the absence of the dependent child from the home for the period specified in sub. (1) (a), by the end of the 5- day period that begins with the date that it becomes clear to the custodial parent that the dependent child will be absent for such period so specified or provided for, is not eligible for W-2. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 21-091: am. (1) (c) Register July 2022 No. 799, eff. 8-1-22. DCF 101.11 Verification. (1) The W-2 agency shall ver- ify that an individual meets nonfinancial and financial eligibility criteria under s. DCF 101.09 (2) to (4) prior to placing the indi- vidual in a Wisconsin works employment position or other ap- propriate eligibility criteria prior to providing any other W-2 ben- efit or service. (2) If the individual does not have the power to produce veri- fication, or requires assistance to do so, the W-2 agency shall pro- ceed immediately to seek the verification. (3) No eligibility shall exist when an individual has the power to produce required verification as determined by the W-2 agency but refuses or fails to do so. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) Register July 2022 No. 799, eff. 8-1-22; merger of (1) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799. DCF 101.12 Eligibility date. The eligibility date for a W-2 employment position wage or benefit payment is the date the applicant has met all W-2 eligibility requirements and has begun participating in a W-2 employment position. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97. DCF 101.13 Review of eligibility. A W-2 agency shall periodically review an individual’s eligibility. A Wisconsin works employment position participant remains eligible under s. DCF 101.09 (3m) and (4) until the W-2 group’s assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3m) or (4) for at least 2 consecutive months. History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. Register, Janu- ary, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. Register July 2022 No. 799, eff. 8-1-22. DCF 101.14 Employer criteria. (1) The W-2 agency shall ensure that an employer providing a Wisconsin works em- ployment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment posi- tion. An employer that does not meet the criteria established un- der this section is ineligible to receive any subsidy for any posi- tion provided to a participant. (2) TRIAL EMPLOYMENT MATCH PROGRAM JOB. An employer that employs a participant in the trial employment match program shall agree to do all of the following: (a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked. (b) Make a good faith effort to retain the participant as a per- manent unsubsidized employee after the wage subsidy is terminated. (c) Provide the participant with worker’s compensation coverage. (d) Inform the participant of the participant’s possible eligi- bility for federal and state earned income tax credits. (e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate. (f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9). (3) COMMUNITY SERVICE JOB AND TRANSITIONAL PLACE- MENT EMPLOYERS. A CSJ or transitional placement employer shall agree to do all of the following: (a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace. (b) Provide a position which replicates actual conditions of work and provides responsibilities and expectations similar to un- subsidized employees of the employer considering the partici- pant’s barriers to unsubsidized employment including need for child care or transportation or level of ability. (c) Cooperate with the W-2 agency by providing verification of the participant’s hours of participation and missed hours. (d) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9). History: Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-082: am. (2) (f) and (3) (d) Register November 2004 No. 587, eff. 12-1-04; corrections in (2) (f) and (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (2) (title), (intro.), (c), (d) Register July 2022 No. 799, eff. 8-1-22. DCF 101.15 Case management. (1) INITIAL ASSESS- MENT. The W-2 agency shall make an initial assessment of the skills, prior work experience, and employability of each applicant prior to placement in a W-2 employment position. (2) EMPLOYABILITY PLAN. The FEP shall, in consultation with the W–2 participant, develop a written employability plan 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