Section 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 dependent child with respect to whom the participant is a custodial parent, the second parent shall participate in prescribed work activities under sub. (3) if the Wisconsin works group receives federally-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 employment and training activities will result in sanction for the Wisconsin works group pursuant to s. DCF 101.21 .

(2)   Exceptions. The second parent is not required to participate in employment and training activities if any of the following conditions are met:

(a) The family is not receiving federally-funded child care assistance for a dependent child of the W-2 participant and the second parent.

(b) The second parent is a disabled parent who receives federal or state disability payments or other benefits based on equivalent disability status. Federal or state disability payments include supplemental security income, social security disability insurance, veteran's disability benefits, and worker's compensation.

(c) The second parent is caring for a severely disabled dependent child who has a physical, emotional, or mental impairment that is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services 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 difference between 55 hours and the number of hours the parent in the W-2 employment position participates in any of the following activities:

(a) Unsubsidized employment as defined in s. 49.147 (1) , Stats.

(b) Employment subsidized by a source other than Wisconsin works.

(c) Work experience other than a community service job.

(d) On-the-job training funded by a source other than W-2.

(e) A community service job as defined in s. 49.147 (4) , Stats.

(4)   Optional participation. If the Wisconsin works group is not receiving federally-funded child care assistance for a custodial child of a W-2 participant and second parent, the W-2 agency may offer the second parent the opportunity to participate in work activities. 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 nonparticipation in W-2 employment and training activities will not result in sanction for the Wisconsin works group.

(5)   Employability plan. If the second parent participates in W-2 employment or training activities, the W-2 agency shall create an employability plan for the second parent.

Cr. Register, July, 2000, No. 535 , eff. 8-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; correction in (3) (a) made under s. 13.92 (4) (b) 7. , Stats., Register May 2014 No. 701 .