Wisconsin Administrative Code › Department of Children and Families › DCF 101-199 - Family and Economic Security › Chapter DCF 120 - Emergency Assistance › Section DCF 120.05 - Nonfinancial eligibility

Current through June 24, 2024
(1) CRITERIA. The
				emergency assistance group shall meet all of the following nonfinancial
				eligibility criteria:
(a) The group members
				shall live in Wisconsin and intend to reside in Wisconsin, except a migrant
				worker is not required to meet the requirement as to intent to reside in
				Wisconsin. A never-married child under age 18 is a Wisconsin resident when he
				or she is under the legal custody of the department or an agency, regardless of
				the state in which he or she is living. Wisconsin residence shall not be lost
				when a dependent child or caretaker relative is temporarily absent from
				Wisconsin for the purpose of visiting, hospitalization, or education.
(b) The group members are citizens or
				qualifying aliens as defined in s.
				DCF 101.09(2)
				(c).
(c) The child for whom assistance is
				requested is or, within 6 months prior to the month of application for
				emergency assistance, was living with a qualified caretaker relative in a place
				of residence maintained as the caretaker relative's own home and is anticipated
				to live with the qualified caretaker relative in the month following the
				application date.
(d) Assistance is
				needed to avoid destitution of the child or to provide a living arrangement for
				the child in a home.
(e) The
				child's destitution or need for living arrangements did not result from the
				child or a qualified caretaker relative refusing without good cause to accept
				employment or training for employment.
(em) An individual under 18 years of age is
				ineligible to be a qualified caretaker relative unless:
1. The individual is or has ever been
				married.
2. The individual has no
				parent, legal guardian, or other appropriate adult relative who would meet
				applicable criteria to act as the individual's legal guardian who is living or
				whose whereabouts are known.
3. No
				living parent, legal guardian, or other appropriate adult relative who would
				meet applicable criteria to act as the individual's legal guardian allows the
				individual to live in the home of the parent, guardian, or relative.
4. The individual or the child for whom
				assistance is requested is being or has been subjected to serious physical or
				emotional harm, sexual abuse, or exploitation in the residence of the
				individual's own parent or legal guardian.
5. Substantial evidence exists of an act or
				failure to act that presents an imminent or serious harm if the individual and
				the minor child lived in the same residence with the individual's own parent or
				legal guardian.
6. The W-2 agency
				otherwise determines that it is in the best interest of the individual's child
				to waive the general prohibition on assistance to unmarried caretakers who are
				under 18 years of age.
(f) As determined by the agency, the group's
				need has resulted from an emergency due to one or more of the following causes:
1. Fire.
2. Flood.
3. A natural disaster such as a tornado,
				earthquake, electrical storm, windstorm, hail, sleet, a mud or rock slide, or a
				natural explosion such as lightning striking an object that then
				explodes.
4. Homelessness as
				determined under sub. (2). The cause of the homelessness need not be the result
				of a natural disaster.
5. Impending
				homelessness as determined under sub. (3).
6. An energy crisis, as determined under sub.
				(4).