reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.04 - Cooperation and good cause notice

Current through June 24, 2024
(1) The W-2 agency
				shall provide a written notice describing the cooperation requirement and the
				right to good cause as an exception to the cooperation requirement to all
				applicants and participants of Wisconsin works. The notice shall be provided to
				applicants when they apply for W-2 and to participants when a child is added to
				the W-2 group, when a parent leaves the W-2 group, at reapplication for
				continued benefits, and if a participant discloses to his or her W-2 financial
				and employment planner that the participant is experiencing circumstances that
				may meet the good cause criteria in s.
				DCF
				102.05.
(2) The notice shall include all of the
				following information:
(a) The potential
				benefits the child may derive from establishing paternity and securing
				support.
(b) Cooperation with
				efforts directed at establishing paternity and obtaining support payments or
				any other payments or property to which that parent and any minor child of that
				parent may have rights or for which the parent may be responsible is a
				condition of eligibility for the Wisconsin works program, ss.
				49.141
				to
				49.161,
				Stats., unless the parent has good cause for failing to cooperate.
(c) A failure to cooperate is allowed when
				the W-2 agency determines that one of the good cause criteria apply.
(d) The good cause criteria in s.
				DCF
				102.05.
(e) A good cause claim form is available from
				the W-2 agency upon request. The good cause claim form provides additional
				details on the process for claiming good cause as an exception to the
				cooperation requirement.
(f) The
				good cause claim form may be submitted to the W-2 agency at any time.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.05 - Good cause criteria

Current through June 24, 2024
A custodial or noncustodial parent is eligible for an
				  exemption from the cooperation requirements in s.
				  DCF
				  102.03 when the W-2 agency determines that any of the
				  following criteria applies:
(1)
				Cooperation is reasonably anticipated to result in either physical or emotional
				harm to the child, including threats of domestic abuse or child
				kidnapping.
(2) Cooperation is
				reasonably anticipated to result in either physical or emotional harm to the
				parent, including domestic abuse.
(3) Cooperating with the child support agency
				would make it more difficult for the individual to escape domestic abuse or
				unfairly penalize the individual who is or has been victimized by such abuse,
				or the individual who is at risk of further domestic abuse.
(4) The child was conceived as a result of
				incest or sexual assault.
(5) The
				parent is considering whether to terminate parental rights and sought the
				assistance of a public or licensed private social services agency not more than
				3 months ago.
(6) A petition for
				the adoption of the child has been filed with a court, except this does not
				apply as a good cause exemption from the responsibility to make payments under
				an existing court order.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.07 - Approving or continuing benefits

Current through June 24, 2024
If an individual is cooperating with the W-2 agency in
				  furnishing evidence and information to be used in determining the good cause
				  claim and other eligibility criteria are met, Wisconsin works benefits shall
				  not be denied, delayed, reduced, or discontinued pending the determination of a
				  good cause claim.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.08 - Good cause determination

Current through June 24, 2024
(1) EVALUATING A
				GOOD CAUSE CLAIM.
(a) The W-2 agency shall
				require an applicant or participant who requests a good cause exemption to
				submit at least one document of corroborative evidence and the applicant's or
				participant's statement specifying the circumstances that the applicant or
				participant believes provide sufficient good cause for not cooperating. If an
				applicant or participant does not submit sufficient evidence to substantiate
				the good cause claim, the W-2 agency shall notify the individual that
				additional evidence is required and shall outline the types of evidence that
				may be used as provided in s.
				DCF
				102.06(4). The W-2 agency shall make
				a reasonable effort to obtain specific documents or information that the
				individual is having difficulty obtaining.
(b) The W-2 agency shall investigate any good
				cause claim based on anticipated harm, including when the claim is credible
				without corroborative evidence and when corroborative evidence is not
				available. Good cause shall be found when the applicant's or participant's
				statement and the investigation satisfy the W-2 agency that good cause
				exists.
(c) The W-2 agency may
				investigate any good cause claim when the applicant's or participant's
				statement and corroborative evidence do not provide sufficient information to
				make a determination. The applicant or participant shall cooperate with the
				investigation by the W-2 agency.
(d) In the course of any investigation under
				par. (b) or (c), the W-2 agency may contact the child support agency, but may
				not contact the individual alleged to have committed acts that are the basis of
				a good cause claim based on criteria in s.
				DCF 102.05(1) to
				(4).
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.09 - Sanction for failure to cooperate

Current through June 24, 2024
(1) A Wisconsin
				works group that includes an applicant or participant who fails to cooperate
				with the child support agency without good cause is ineligible to receive
				Wisconsin works until cooperation with the child support agency
				occurs.
(2) An individual who is a
				member of a W-2 group that fails 3 times to meet the cooperation requirements
				in s.
				DCF
				102.03 without good cause remains ineligible until all
				of the members of the W-2 group cooperate or for a period of 6 months,
				whichever is later.
(3) A custodial
				parent with a child under 60 days old is exempt from sanction for refusing to
				cooperate with requirements in s.
				DCF
				102.03 for that child.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.10 - Reviews and hearings

Current through June 24, 2024
(1) REVIEW OF GOOD CAUSE DETERMINATIONS OR
				OTHER W-2 AGENCY DECISIONS. A Wisconsin works applicant or participant who is
				denied a good cause exemption from the requirement of cooperation with the
				child support agency or who disputes any decision by the W-2 agency may
				petition the Wisconsin works agency for a review of the agency decision
				pursuant to s.
				49.152,
				Stats.
(2) REVIEW OF NONCOOPERATION
				DETERMINATIONS. Noncooperation determinations shall be reviewed by the child
				support agency. An individual who has been determined noncooperative by a child
				support agency may petition the child support agency for review of the agency
				decision. The procedures of s.
				49.152,
				Stats., apply to the review, except that the applicant or participant may
				submit a request for review to the child support agency, the child support
				agency will conduct the fact-finding procedure, and the applicant or
				participant or a representative may appear for the fact-finding via telephone
				conference if the child support agency is in a different county than the
				applicant's or participant's current residence.
(3) PARTICIPATION OF THE CHILD SUPPORT
				AGENCY. The child support agency shall be given reasonable notice and may
				participate in any fact-finding or hearing resulting from a good cause
				investigation or good cause determination.
(5) HEARING FOR CHILD CARE. Notwithstanding
				subs. (1) and (2), an applicant or a participant in the child care subsidy
				program under s.
				49.155,
				Stats., that receives a notice of eligibility denial or termination for failure
				to cooperate with the child support agency without good cause may request a
				fair hearing under s. DCF 201.065 and ch. HA 3.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 102 - Child Support Cooperation For W-2 › Section DCF 102.11 - Review of good cause exemptions

Current through June 24, 2024
The W-2 agency shall review good cause exemptions that are
				  based on circumstances subject to change at each redetermination of eligibility
				  or upon new evidence. Good cause determinations based on permanent
				  circumstances need not be reviewed. If the W-2 agency determines that good
				  cause for noncooperation no longer exists, the parent shall be allowed 10 days
				  before cooperation requirements are imposed to request that the case be closed
				  or request an agency review.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
				promulgated under authority set forth in s.
				49.143(2)
				(c), Stats., to ensure that each financial
				and employment planner, resource specialist, and supervisor employed by a W-2
				agency directly or by subcontract has successfully completed a training program
				to achieve acceptable W-2 worker job performance. Successful completion of
				prescribed training is required for all new W-2 workers. The department shall
				make ongoing training available for experienced W-2 workers.
(2) APPLICABILITY. This chapter applies to
				W-2 agencies and the financial and employment planners, resource specialists,
				and supervisors who are employed by those agencies directly or by
				subcontract.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.03 - Initial W-2 worker training

Current through June 24, 2024
(1) FEPS AND
				RESOURCE SPECIALISTS.
(a) The department
				shall make initial W2 worker training available to new FEPs and resource
				specialists directly or through contractors. The W2 agency shall ensure that
				each FEP and resource specialist completes the department's initial training
				during the first 6 months of employment.
(b) No FEP may make independent decisions
				related to eligibility or perform case management functions until the initial
				W2 training for new FEPs is successfully completed.
(c) No resource specialist may make
				independent decisions related to providing an initial assessment of a potential
				W2 applicant's needs, making referrals to service providers, or evaluating an
				individual's need for W2 until the initial W2 training for new resource
				specialists is successfully completed.
(d) To successfully complete the initial W2
				training, a new FEP or resource specialist shall attend all class hours and
				shall participate in all instructional activities. The W2 agency shall develop
				evaluation strategies to ensure that the new FEP or resource specialist
				achieves a minimum standard of competence.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.04 - Ongoing training for experienced W-2 workers

Current through June 24, 2024
(1) STANDARD
				CURRICULUM. The department shall develop an ongoing course or courses for
				supervisors, experienced resource specialists, and experienced FEPs and shall
				make the course or courses available each year directly or through contractors.
				The department shall annually define required training courses and develop a
				standardized curriculum for each job function as needed. The curriculum shall
				include the following:
(a) Refresher material
				on W-2 policy and procedure.
(b)
				Automated systems used in the W-2 program.
(c) Interpersonal skills needed to perform
				W-2 functions.
(cg) Civil rights
				compliance, cultural awareness, and diversity issues.
(cr) Compliance with the Americans with
				Disabilities Act (ADA).
(d)
				Enhanced case management information and skills, including:
1. Employment and training information for W2
				participants, including job readiness assessment, skills training
				opportunities, job search activities, career planning, labor market
				information, and job retention skills.
2. Special needs of the W2 participant or a
				family member as those issues affect the W2 participant's employability,
				including substance abuse, domestic abuse, and physical or mental
				disabilities.
3. Community
				resources and supportive services available to assist W-2
				participants.
4. Collaboration and
				coordination with local child welfare agencies.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.05 - Trainer qualifications

Current through June 24, 2024
The department shall ensure that the person doing the
				  training has:
(1) Knowledge of the
				programs and procedures in which the person will conduct training as evidenced
				by prior experience or education.
(2) Experience or education in training
				techniques or adult education.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.06 - Local responsibility for implementing updates

Current through June 24, 2024
Each W-2 agency shall ensure that all W-2 workers are trained
				  in a timely manner on all W-2 policy and procedure and automated system updates
				  that are issued by the department.
These updates include Handbook and Manual releases, DFES
					 Administrator's Memos, and Operations Memos.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 103 - W-2 Worker Training › Section DCF 103.07 - Reports and records

Current through June 24, 2024
(1) ANNUAL REPORT. Each W-2 agency shall
				submit to the department by the second Friday in January of each calendar year
				a report that documents training completed by all supervisors, new and
				experienced FEPs, and new and experienced resource specialists during the
				previous calendar year. The report shall include information on training
				received by individuals employed directly by the W-2 agency and individuals
				employed by the W-2 agency's subcontractors.
(2) REPORT OF INITIAL W-2 WORKER TRAINING.
				Each W-2 agency shall submit to the department by the first day of each month a
				list of supervisors, FEPs, and resource specialists who are required to
				complete initial W-2 worker training, including individuals employed directly
				by the W-2 agency and individuals employed by the W-2 agency's
				subcontractors.
(3) PERSONNEL FILE.
				Each W-2 agency shall include in the personnel file of all new and experienced
				W-2 workers information needed to document successful completion of training,
				including the title of the training program, dates of training, trainer's or
				sponsoring organization's name, number of hours of training, and location of
				training. The W-2 agency shall make the training records available to the
				department upon request.
Send the monthly list of W-2 workers who are required to
					 complete initial W-2 worker training and the annual report on training to the
					 appropriate Regional Contract Administrator.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a process to
				  screen for, and, if appropriate, test for the use of controlled substances by
				  applicants for work experience programs administered by the department, and to
				  refer individuals determined to be abusing a controlled substance to a
				  treatment provider for a substance abuse assessment and evaluation and
				  appropriate treatment as required by s.
				  49.162,
				  Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.03 - Information about the requirement for controlled substance abuse screening, testing, and treatment

Current through June 24, 2024
An administering agency shall provide information in a
				  format approved by the department to any individual who expresses interest in
				  or requests to apply to a work experience program to explain the requirement
				  for participants in certain work experience programs to undergo screening,
				  testing, and treatment for abuse of controlled substances.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.04 - Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse

Current through June 24, 2024
(1) WHO MUST
				COMPLETE A SCREENING QUESTIONNAIRE. An administering agency shall administer a
				controlled substance abuse screening questionnaire approved by the department
				to any applicant for a work experience program.
(2) EFFECT OF FAILING TO COMPLETE SCREENING
				QUEST IONNAIRE. The applicant is required to answer all questions on the
				screening questionnaire, sign and date the questionnaire, and submit it to the
				administering agency for his or her application for a work experience program
				to be complete. An applicant who fails to submit a completed screening
				questionnaire is not eligible to participate in a work experience program, and
				the administering agency shall deny the application. An individual denied
				eligibility for a work experience program for failure to complete a screening
				questionnaire may reapply at any time the individual submits a complete
				application, including a completed screening questionnaire.
(3) EFFECT OF SUCCESSFULLY PASSING THE
				SCREENING QUESTIONNAIRE. An individual whose score on the screening
				questionnaire does not establish a reasonable suspicion of abuse of a
				controlled substance has fully satisfied the requirements of this chapter and
				may participate in a work experience program subject to this chapter without
				further screening, testing, or treatment.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.06 - Requiring participation in treatment

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO PARTICIPATE IN TREATMENT. Every individual who undergoes a test
				under s.
				DCF
				105.05 and tests positive for the use of a controlled
				substance without presenting evidence of a valid prescription as described in
				s.
				49.162(1),
				Stats., and as determined by the medical review officer for the drug testing
				vendor, shall be required to participate in treatment in order to be eligible
				to participate in a work experience program.
(2) REFERRAL FOR TREATMENT. The administering
				agency shall provide information to every individual required to participate in
				controlled substance abuse treatment about treatment program providers and
				county-specific assessment and enrollment activities required for entry into
				treatment. The administering agency shall monitor the individual's progress in
				entering and completing treatment and the results of a random test for the use
				of a controlled substance carried out during and at the conclusion of
				treatment.
(3) SUBSTANCE ABUSE
				EVALUATION AND ASSESSMENT. A treatment provider may conduct a substance abuse
				evaluation and assessment and take any of the following actions based on the
				evaluation and assessment:
(a) If a treatment
				provider determines an individual does not need treatment, the provider shall
				notify the administering agency of its determination.
(b) If a treatment provider determines an
				individual is in need of treatment, the provider shall refer the individual to
				an appropriate treatment program to begin treatment and shall notify the
				administering agency of the referral and the expected begin date and duration
				of treatment.
(c) If a treatment
				provider determines an individual is in need of treatment but is unable to
				refer the individual because there is a waiting list for enrollment in
				appropriate treatment programs, the provider shall notify the administering
				agency when the individual is expected to be enrolled.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.07 - Effect of completing, voluntarily withdrawing, or being terminated from a work experience program

Current through June 24, 2024
An individual who completes or voluntarily withdraws from a
				  work experience program is no longer subject to s.
				  49.162,
				  Stats., or this chapter as of the date the individual completes or withdraws
				  from the program. An individual who is terminated from a program for reasons
				  unrelated to substance abuse screening, testing, and treatment is no longer
				  subject to s.
				  49.162,
				  Stats., or this chapter, as of the date of termination from the
				  program.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.08 - Confidentiality of records

Current through June 24, 2024
Screening questionnaires, testing results, and treatment
				  records relating to this chapter may not be disclosed unless for purposes
				  connected with the administration of a work experience program unless
				  disclosure is otherwise authorized by law or by written consent from the
				  individual who is the subject of the record. The department may establish
				  administrative, physical, and technical safeguard procedures administering
				  agencies may be required to follow to assure compliance with state and federal
				  laws relating to public assistance program records, drug testing and treatment
				  records, and medical records.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 105 - Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs › Section DCF 105.09 - Appeals of decisions under this chapter

Current through June 24, 2024
(1) An adverse
				decision under this chapter affecting an individual's participation in a work
				experience program providing services and benefits to noncustodial parents
				under s.
				49.159(1)
				(b), Stats., may be appealed following the
				procedure under s.
				49.152,
				Stats.
(2) An adverse decision
				under this chapter affecting an individual's participation in the Transform
				Milwaukee Jobs program under s.
				49.163,
				Stats., or the Transitional Jobs program under s.
				49.163,
				Stats., may be appealed under s.
				227.42, Stats.,
				by filing a request for a contested case hearing with the department within 30
				days after the effective date of the adverse decision.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.01 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.03 - Definitions

Current through June 24, 2024
(1) "Destitution" means extreme want of
				resources or of the means of subsistence.
(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.
(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.
(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.
(5)
				"Migrant worker" has the meaning given in s.
				103.90(5),
				Stats.
(6) "Needy person" means a
				person who meets the eligibility criteria in ss.
				DCF
				120.05 and
				120.06.
(6m) "Poverty line" means the poverty line as
				defined and revised annually under (2).
(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.
(8)
				"W-2 Agency" or "agency" means an entity that is administering the Wisconsin
				works program as a contractor under s.
				49.143,
				Stats.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.04 - Application

Current through June 24, 2024
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. Verification of eligibility
				  shall not delay the provision of assistance.
An application form for emergency assistance may be
					 obtained from a county or tribal economic support agency or a Wisconsin Works
					 (W2) agency. Contact information for Wisconsin works agencies may be found at
					 https://dcf.wisconsin.gov/w2/parents/locator.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.06 - Financial eligibility

Current through June 24, 2024
To be eligible for emergency assistance, all of the
				  following conditions shall be met:
(1)
				INCOME. The gross income of the emergency assistance group may not exceed 115%
				of the poverty line. The agency shall determine the amount of income available
				to the group in accordance with s. DCF 101.09 (4) except any of the following
				grants received in the month of the emergency is not counted:
(a) Kinship care payments under s.
				48.57(3m)
				or (3n), Stats.
(b) Foster care payments under s.
				48.62,
				Stats., if the payment is on behalf of a child who is a
				relative.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.07 - Payment amounts

Current through June 24, 2024
(1) An
				emergency assistance payment for impending homelessness, homelessness, fire,
				flood, or natural disaster, the emergency assistance payment shall be the
				lowest of the following 2 amounts:
(a) The
				total of the maximum payment amount per group member for that group size
				multiplied by the number of members in the emergency assistance group.
Note:
The maximum payment amount per group
				  member for impending homelessness, homelessness, fire, flood, or natural
				  disaster is the following:
$600 per group member when the group is 2 members.
$400 per group member when the group is 3 members.
$300 per group member when the group is 4 members.
$240 per group member when the group is 5 members.
$220 per group member when the group is 6 or more
				  members.
Changes to the maximum payment amounts will be announced in
				  the Administrative Register.
(b) The total financial need due to the
				emergency, as follows:
1. The financial need
				due to impending homelessness shall be unpaid rent and related late fees and
				court costs.
2. The financial need
				due to homelessness shall be the first month's rent, security deposit, and
				necessary household items.
3. The
				financial need due to fire, flood, or natural disaster shall be the total need
				in all of the following:
a. Temporary
				housing.
b. First month's rent and
				security deposit.
c.
				Clothing.
d. Food.
e. Medical care.
f. Transportation.
g. Necessary appliances and household
				items.
h. Necessary home
				repairs.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.08 - Eligibility determination and payment procedures

Current through June 24, 2024
(1) The agency
				shall determine eligibility for emergency assistance within 5 working days
				after receiving a completed application. If the group is found eligible, the
				agency shall issue a payment to the emergency assistance group within the same
				5 working days, except as provided in subs. (4) and (5). The payment may be
				made in the form of cash, a voucher, or a vendor payment.
(2) The agency shall notify the applicant in
				writing of the eligibility determination. If the application is denied, the
				notice shall include reasons for the denial and information about the
				opportunity to appeal that decision under s.
				DCF
				120.10.
(3) Emergency assistance payments shall not
				be used for activities related to or the costs of providing temporary or
				transitional shelter or housing, except if a group is in need of assistance due
				to a fire, flood, or natural disaster.
(4) If the emergency assistance group's
				eligibility is due to homelessness under s.
				DCF
				120.05(2) or impending homelessness
				under s.
				DCF 120.05(3) (b) or
				(c), the agency shall issue a payment,
				following the eligibility determination, within 5 working days of the date that
				the group notifies the agency that a permanent living accommodation has been
				obtained.
(5) Emergency assistance
				payments for impending homelessness under s.
				DCF 120.05(3) (a) or
				(d) may be issued to obtain a new permanent
				living accommodation or retain a current permanent living accommodation.
(a) If an emergency assistance group requests
				that the emergency assistance payment be made to obtain a new permanent living
				accommodation, the agency shall issue a payment, following the eligibility
				determination, within 5 working days of the date that the group notifies the
				agency that a permanent living accommodation has been obtained.
(b) If an emergency assistance group requests
				that the emergency assistance payment be made to retain a current permanent
				living accommodation, the W-2 agency shall confirm that the landlord, bank, or
				local government agrees to waive any right to proceed with an eviction or
				foreclosure action based on the notice served in consideration for receiving
				the emergency assistance payment on behalf of the group. The agency shall issue
				a payment, following the eligibility determination, within 5 days of the date
				that the agency receives this confirmation from the landlord, bank, or local
				government.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.09 - Social services

Current through June 24, 2024
(1) In determining the emergency assistance
				group's total need, the agency shall consider the social service needs of the
				group and make appropriate referrals to assist the group in meeting those
				needs.
(2) Social service needs
				include but are not limited to the need for:
(a) Information and referral to the
				appropriate service agency
(b)
				Counseling
(c) Family
				shelter
(d) Child care
				funding.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.10 - Review of agency decisions

Current through June 24, 2024
(1) An emergency
				assistance applicant or participant may petition the agency for a review as
				provided under s.
				49.138(4),
				Stats., if one of the following occurs or is alleged by the applicant or
				participant:
(a) The application for emergency
				assistance was not acted upon promptly after filing. The standard for
				reasonable promptness shall be the requirements established by s.
				DCF
				120.08(1).
(b) The application is denied in whole or in
				part.
(c) The emergency assistance
				award is modified or canceled.
(d)
				The award is insufficient.
Note:
Section
				  49.138(4),
				  Stats., provides as follows:
"(a)
Any individual whose application for emergency assistance under this
				section is not acted upon with reasonable promptness, after the filing of the
				application, as defined by the department by rule, or is denied in whole or in
				part, or who believes that the assistance amount was calculated incorrectly,
				may petition the administering agency for a review of such action. Review is
				unavailable if the action by the administering agency occurred more than 45
				days prior to submission of the petition for review.
(b)
Upon a timely petition under
				par. (a), the administering agency shall give the petitioner reasonable notice
				and opportunity for a review. The administering agency shall render its
				decision as soon as possible after the review and shall send by 1st class mail
				a certified copy of its decision to the petitioner. The administering agency
				shall deny a petition for review or shall refuse to grant relief if the
				petitioner does any of the following:
1.
Withdraws the petition in
				writing.
2.
Abandons the petition. Abandonment occurs if the petitioner fails to appear in
				person or by representative at a scheduled review without good cause, as
				defined by the department by rule.
(c)
If the administering agency is a
				Wisconsin works agency, the department may review the decision of the Wisconsin
				works agency if, within 14 days after the date on which the certified copy of
				the decision of the Wisconsin works agency is mailed, the applicant or
				participant petitions the department for a review of that decision."
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Preface

Current through June 24, 2024
Section
				  49.22(9),
				  Stats., requires the department to adopt and publish a standard to be used by
				  courts in determining child support obligations. The standard is to be based on
				  a percentage of the gross income and assets of either or both parents.
The percentage standard established in this chapter is based
				  on an analysis of national studies, including a study done by Jacques Van der
				  Gaag as part of the Child Support Project of the Institute for Research on
				  Poverty, University of Wisconsin, Madison, entitled "On Measuring the Cost of
				  Children," which disclose the amount of income and disposable assets that
				  parents use to raise their children. The standard is based on the principle
				  that a child's standard of living should, to the degree possible, not be
				  adversely affected because his or her parents are not living together. It
				  determines the percentage of a parent's income and potential income from assets
				  that parents should contribute toward the support of children if the family
				  does not remain together. The standard determines the minimum amount each
				  parent is expected to contribute to the support of their children. It expects
				  that the custodial parent shares his or her income directly with their
				  children. It also presumes that the basic needs of the children are being met.
				  This latter presumption may be rebutted by clear and convincing evidence that
				  the needs of the children are not being met.
The rules also prescribe procedures for determining
				  equitable child support obligations under a variety of financial and family
				  circumstances.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Section DCF 150.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
				promulgated under the authority of s.
				49.22(9),
				Stats., for the purpose of establishing a standard to be used in determining
				child support under ss.
				767.225,
				767.34,
				767.501,
				767.511,
				767.513,
				767.59,
				and
				767.89,
				Stats.
(2) APPLICABILITY. This
				chapter applies to any petition for a temporary or final order for child
				support of a marital or nonmarital child in an action affecting a family under
				ch. 767, Stats., any stipulated child support settlement under s.
				767.34,
				Stats., or any revision of judgment under s.
				767.59,
				Stats.
(3) EFFECT OF RULE CHANGE. A
				modification of any provision in this chapter shall not in and of itself be
				considered a substantial change in circumstances sufficient to justify a
				revision of a judgment or order under s.
				767.59,
				Stats.
A modification of any provision in this chapter shall apply
					 to orders established after the effective date of the modification.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Section DCF 150.03 - Support orders

Current through June 24, 2024
(1) DETERMINING INCOME AVAILABLE FOR CHILD
				SUPPORT. The court shall determine a parent's monthly income available for
				child support by adding together the parent's annual gross income or, if
				applicable, the parent's annual income modified for business expenses; the
				parent's annual income imputed based on earning capacity; the parent's annual
				income imputed when no or little information is known; and the parent's annual
				income imputed from assets, and dividing that total by 12. This may be done by
				completing the worksheet in Appendix B, although use of the worksheet for this
				purpose is not required.
(2)
				DETERMINING INCOME MODIFIED FOR BUSINESS EXPENSES. In determining a parent's
				monthly income available for child support under sub. (1), the court may adjust
				a parent's gross income as follows:
(a) Adding
				wages paid to dependent household members.
(b) Adding undistributed income that meets
				the criteria in s.
				DCF 150.02 (13)
				(a) 9. and that the court determines is not
				reasonably necessary for the growth of the business. The parent shall have the
				burden of proof to show that any undistributed income is reasonably necessary
				for the growth of the business.
(c)
				Reducing gross income by the business expenses that the court determines are
				reasonably necessary for the production of that income or operation of the
				business and that may differ from the determination of allowable business
				expenses for tax purposes.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Section DCF 150.035 - Determining the child support obligation

Current through June 24, 2024
(1) DETERMINING THE
				CHILD SUPPORT OBLIGATIONS OF SHARED-PLACEMENT PARENTS.
(a)
Applicability
. The
				shared- placement formula may be applied when all of the following conditions
				are met:
1. Both parents have court-ordered
				periods of placement of at least 25 percent or 92 days per year based on the
				number of overnights or equivalent care under par. (ar) provided by each
				parent.
2. Each parent is ordered by
				the court to assume the child's basic support costs in proportion to the time
				that the parent has placement of the child.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Appendix C - Child Support Obligation of Low-Income Payers at 75% to 150% of the 2024 Federal Poverty Guidelines

Current through June 24, 2024
1 Person with
One Child
Two Children
Three Children
Four Children
Five Children
Monthly Income Up
																				To:
Percent
Child Support
																				Amount
Percent
Child Support
																				Amount
Percent
Child Support
																				Amount
Percent
Child Support
																				Amount
Percent
Child Support Amount
$941.00
11.22%
$106
16.50%
$155
19.14%
$180
20.46%
$193
22.44%
$211
$974.00
11.43%
$111
16.80%
$164
19.49%
$190
20.84%
$203
22.85%
$223
$1,007.00
11.63%
$117
17.11%
$172
19.84%
$200
21.21%
$214
23.27%
$234
$1,040.00
11.84%
$123
17.41%
$181
20.20%
$210
21.59%
$225
23.68%
$246
$1,073.00
12.05%
$129
17.71%
$190
20.55%
$220
21.97%
$236
24.09%
$259
$1,106.00
12.25%
$136
18.02%
$199
20.90%
$231
22.34%
$247
24.50%
$271
$1,139.00
12.46%
$142
18.32%
$209
21.25%
$242
22.72%
$259
24.92%
$284
$1,172.00
12.66%
$148
18.63%
$218
21.61%
$253
23.10%
$271
25.33%
$297
$1,205.00
12.87%
$155
18.93%
$228
21.96%
$265
23.47%
$283
25.74%
$310
$1,239.00
13.08%
$162
19.23%
$238
22.31%
$276
23.85%
$295
26.16%
$324
$1,273.00
13.28%
$169
19.54%
$249
22.66%
$288
24.22%
$308
26.57%
$338
$1,306.00
13.49%
$176
19.84%
$259
23.01%
$301
24.60%
$321
26.98%
$352
$1,340.00
13.70%
$184
20.14%
$270
23.37%
$313
24.98%
$335
27.39%
$367
$1,374.00
13.90%
$191
20.45%
$281
23.72%
$326
25.35%
$348
27.81%
$382
$1,408.00
14.11%
$199
20.75%
$292
24.07%
$339
25.73%
$362
28.22%
$397
$1,441.00
14.31%
$206
21.05%
$303
24.42%
$352
26.11%
$376
28.63%
$413
$1,475.00
14.52%
$214
21.36%
$315
24.77%
$365
26.48%
$391
29.05%
$428
$1,509.00
14.73%
$222
21.66%
$327
25.13%
$379
26.86%
$405
29.46%
$445
$1,543.00
14.93%
$230
21.96%
$339
25.48%
$393
27.24%
$420
29.87%
$461
$1,577.00
15.14%
$239
22.27%
$351
25.83%
$407
27.61%
$435
30.28%
$478
$1,611.00
15.35%
$247
22.57%
$364
26.18%
$422
27.99%
$451
30.70%
$495
$1,645.00
15.55%
$256
22.88%
$376
26.54%
$437
28.37%
$467
31.11%
$512
$1,679.00
15.76%
$265
23.18%
$389
26.89%
$451
28.74%
$483
31.52%
$529
$1,713.00
15.97%
$273
23.48%
$402
27.24%
$467
29.12%
$499
31.94%
$547
$1,747.00
16.17%
$283
23.79%
$416
27.59%
$482
29.49%
$515
32.35%
$565
$1,781.00
16.38%
$292
24.09%
$429
27.94%
$498
29.87%
$532
32.76%
$583
$1,815.00
16.58%
$301
24.39%
$443
28.30%
$514
30.25%
$549
33.17%
$602
$1,849.00
16.79%
$310
24.70%
$457
28.65%
$530
30.62%
$566
33.59%
$621
$1,883.00
17.00%
$320
25.00%
$471
29.00%
$546
31.00%
$584
34.00%
$640
Effective March 1, 2023
Appendix C will be adjusted based on the 2023 federal poverty guidelines
											  effective March 1, 2024.
DCF 150.04 (4) (b) provides:
The department shall revise the schedule in Appendix C every year
													 based on changes in the federal poverty guidelines since the schedule was last revised. The department shall
													 publish revisions to the schedule in the Wisconsin Administrative
													 Register.
Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 150 - Child Support Standard › Appendix D - Maximum Birth Cost Judgment Amounts for Low-Income Payers at 75% to 150% of the 2024 Federal Poverty Guidelines

Current through June 24, 2024
Monthly Income Up
																				To:
Percent
Number of
																				Months
Maximum Birth Cost Judgment
																				Amount*
$941.00
3.30%
36
$1,117.91
$974.00
3.36%
36
$1,178.15
$1,007.00
3.42%
36
$1,239.82
$1,040.00
3.48%
36
$1,302.91
$1,073.00
3.54%
36
$1,367.43
$1,106.00
3.60%
36
$1,433.38
$1,139.00
3.66%
36
$1,500.75
$1,172.00
3.73%
36
$1,573.76
$1,205.00
3.79%
36
$1,644.10
$1,239.00
3.85%
36
$1,717.25
$1,273.00
3.91%
36
$1,791.87
$1,306.00
3.97%
36
$1,866.54
$1,340.00
4.03%
36
$1,944.07
$1,374.00
4.09%
36
$2,023.08
$1,408.00
4.15%
36
$2,103.55
$1,441.00
4.21%
36
$2,183.98
$1,475.00
4.27%
36
$2,267.37
$1,509.00
4.33%
36
$2,352.23
$1,543.00
4.39%
36
$2,438.56
$1,577.00
4.45%
36
$2,526.35
$1,611.00
4.51%
36
$2,615.62
$1,645.00
4.58%
36
$2,712.28
$1,679.00
4.64%
36
$2,804.60
$1,713.00
4.70%
36
$2,898.40
$1,747.00
4.76%
36
$2,993.66
$1,781.00
4.82%
36
$3,090.39
$1,815.00
4.88%
36
$3,188.59
$1,849.00
4.94%
36
$3,288.26
$1,883.00
5.00%
36
$3,389.40
Effective March 1, 2023
Appendix D will be adjusted based on the 2023 federal poverty guidelines
											  effective March 1, 2024.
*The maximum birth cost judgment amount may not exceed the identified
											  percentage of the father's current month income available for child support multiplied by 36 months.
DCF 150.04 (4) (b) provides:
The department shall revise the schedule in Appendix C every year
													 based on changes in the federal poverty guidelines since the schedule was last revised. The department shall
													 publish revisions to the schedule in the Wisconsin Administrative
													 Register.