Section 101.15. Case management.

 

(1)   Initial assessment. 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 for a W–2 participant which includes the participant's W–2 employment position placement, required activities under s. DCF 101.16 , and an identified unsubsidized employment goal. As part of employability planning, the W-2 agency shall administer a functional screening developed by the department. One of the purposes of the screening shall be to determine whether a formal assessment is necessary. The development of the employability plan shall take into consideration any screening or formal assessment results. A W-2 participant may refuse to participate in the functional screening without sanction. Participation in the functional screening may not be a condition of eligibility for a W-2 participant. Nothing in this subsection may be construed to limit the ability of a W-2 agency to require a W-2 participant to comply with ss. DCF 101.08 and 101.09 or required activities under s. DCF 101.16 .

(3)   Domestic abuse.

(a) Domestic abuse definition. For purposes of this section, "domestic abuse" means any of the following acts that affect the individual and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided:

1. Physical acts that result in pain, illness, or injury.

2. Sexual abuse or sexual assault.

3. Threats of, or attempts at, physical or sexual abuse.

4. Emotional or mental abuse.

5. Verbal abuse.

6. Deprivation or destruction of physical or economic resources.

7. Neglect or deprivation of medical care.

8. Forced isolation.

9. Stalking or harassment.

(b) Screening .

1. As part of the initial employability planning process, the W-2 agency shall administer a screening to assess the potential that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, unless the applicant has voluntarily disclosed the information pursuant to subd. 3.

2. If a W-2 participant was not screened during his or her initial employability planning process, a W-2 agency shall administer a screening to assess the potential that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse at the participant's next review or at the time of the participant's next change of employment placement, whichever is sooner.

3. A W-2 agency shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse.

4. A W-2 agency may also administer a domestic abuse screening to a W-2 participant at any time that the participant requests it or if the agency worker has reason to believe that the participant may need domestic abuse services.

5. A W-2 agency employee shall attend the department's 12-hour training on domestic abuse pursuant to s. DCF 103.03 (3) or 103.04 (2) prior to administering a domestic abuse screening under subds. 1. , 2. , or 4.

(c) Information and referral.

1. If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services.

2. The evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse shall be a positive identification on the department-provided screening instrument or a voluntary disclosure of the information by the participant.

3. The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be:

a. Provided orally and in writing.

b. Current and updated as necessary.

c. Culturally appropriate for the individual participant.

d. Provided in languages other than English as appropriate in accordance with the W-2 contract requirements under s. 49.143 (2) , Stats.

4. The information that a W-2 agency provides to an individual on community-based domestic abuse services shall include information on local providers of the following domestic abuse services:

a. Law enforcement for immediate protection.

b. Shelters or programs for battered individuals.

c. Sexual assault provider services.

d. Medical services and counseling.

e. Sexual assault nurse examiners services.

f. Domestic abuse and sexual assault hotlines.

g. Legal counseling and advocacy.

h. Mental health care.

i. Counseling.

j. Support groups.

5. If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals to the individual.

(d) Voluntary participation. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

Cr. Register, October, 1997, No. 502 , eff. 11-1-97; CR 02-050 : am. (2), cr. (3) Register January 2003 No. 565 , eff. 2-1-03; correction in (3) (b) 5. made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611 ; corrections in (2) and (3) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 .