Wisconsin Statutes & Annotations
Chapter 49 - Public assistance and children and family services.
49.141 - Wisconsin works; general provisions.

49.141 Wisconsin works; general provisions.
(1) Definitions. As used in ss. 49.141 to 49.161 and 49.26:
(a) “Community service job" means a work component of Wisconsin works administered under s. 49.147 (4).
(b) “Custodial parent" means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, “legal custody" has the meaning given in s. 767.001 (2) (a).
(c) “Dependent child" means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.
(d) “Financial and employment planner" means a caseworker employed by a Wisconsin works agency who provides financial or employment counseling services to a participant.
(e) “Job access loan" means a loan administered under s. 49.147 (6).
(f) “Migrant worker" has the meaning given in s. 103.90 (5).
(g) “Minimum wage" means the state minimum hourly wage under s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.
(h) “Noncustodial parent" means, with respect to a dependent child, a parent who is not the custodial parent.
(i) “Nonmarital coparent" means, with respect to an individual and a dependent child, a parent who is not married to the individual, who resides with the dependent child, and who is one of the following:
1. An adjudicated parent.
2. A parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.
3. A parent who has been conclusively determined from genetic test results to be the father under s. 767.804.
(j) “Parent" means any of the following:
1. A biological parent.
2. A person who has consented to the artificial insemination of his wife under s. 891.40.
3. A parent by adoption.
4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803.
5. A man who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.
6. A man who has been conclusively determined from genetic test results to be the father under s. 767.804.
(k) “Participant" means an individual who participates in any component of the Wisconsin works program.
(L) “Strike" has the meaning provided in 29 USC 142 (2).
(m) “Transitional placement" means a work component of Wisconsin works administered under s. 49.147 (5).
(n) “Trial employment match program job" means a work component of Wisconsin Works administered under s. 49.147 (3).
(p) “Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.
(r) “Wisconsin works employment position" means any job or placement under s. 49.147 (3) to (5).
(s) “Wisconsin Works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual's dependent child is a custodial parent. “Wisconsin Works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent.
(3) Applications. Any individual may apply for any component of Wisconsin works. Application for each component of Wisconsin works shall be made on a form prescribed by the department. The individual shall submit a completed application form to a Wisconsin works agency in the geographical area specified by the department under s. 49.143 (6) in which the individual lives and in the manner prescribed by the department.
(4) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.
(5) Nonsupplant.
(am) No Wisconsin works employment position may be operated so as to do any of the following:
1. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under s. 49.147 (3), (4) or (5).
2. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
3. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
(bm) The department shall promulgate rules specifying a grievance procedure for resolving complaints of alleged violations of par. (am).
(6) Prohibited conduct. A person, in connection with Wisconsin works, may not do any of the following:
(a) Knowingly and willfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.
(b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a benefit or payment under Wisconsin works, conceal or fail to disclose that event with an intent fraudulently to secure a benefit or payment under Wisconsin works either in a greater amount or quantity than is due or when no such benefit or payment is authorized.
(7) Suspensions.
(c) Except as provided in par. (d), in addition to the penalties applicable under s. 946.90 (2) or (3), a person shall be suspended from participating in Wisconsin Works for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:
1. Violating sub. (6) (a) or s. 946.90 (2) (a) with respect to his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state assistance funded by a block grant under Title I of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
2. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously from this state and at least one other state benefits under the medical assistance program under 42 USC 1396 et seq.
3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp program under 7 USC 2011 to 2029.
4. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal supplemental security income program under 42 USC 1381 to 1383d.
(d) A person who has been suspended from participating in Wisconsin works under par. (c) and whom the president of the United States has pardoned with respect to the conduct for which the person had been suspended may have his or her eligibility to participate in Wisconsin works reinstated beginning on the first day of the first month beginning after the pardon.
(8) Damages. If a person is convicted under s. 946.90 (2) or (3), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under s. 946.90 (2) or (3) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
History: 1995 a. 289; 1997 a. 27, 41, 283; 1999 a. 9; 2001 a. 105, 109; 2003 a. 173; 2005 a. 443 s. 265; 2009 a. 28; 2013 a. 20, 226; 2015 a. 55; 2019 a. 95.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 49 - Public assistance and children and family services.

49.001 - Definitions.

49.01 - Definitions.

49.015 - Relief eligibility.

49.02 - Relief block grant administration.

49.029 - Block grants to tribal governing bodies; medical relief.

49.08 - Recovery of relief and other assistance.

49.11 - Definitions.

49.114 - Contract powers of the department.

49.131 - Electronic transfer of benefits.

49.134 - Child care resource and referral service grants.

49.136 - Child care start-up and expansion.

49.137 - Child care quality improvement.

49.1375 - Early childhood excellence initiative.

49.138 - Emergency assistance for families with needy children.

49.1385 - Grants for services for homeless and runaway youth.

49.139 - Emergency shelter funding.

49.141 - Wisconsin works; general provisions.

49.143 - Wisconsin works; agency contracts.

49.145 - Wisconsin works; eligibility for employment positions.

49.1452 - Payment of support arrears.

49.1455 - Child support demonstration project.

49.146 - Employer criteria.

49.147 - Wisconsin works; work programs and job access loans.

49.1473 - Wisconsin works; domestic abuse screening and training.

49.1475 - Follow-up services.

49.148 - Wisconsin works; wages and benefits.

49.149 - Wisconsin works; education and training.

49.15 - Wisconsin works; 2-parent families.

49.151 - Wisconsin works; sanctions.

49.1515 - Determining nonparticipation.

49.152 - Review of agency decisions.

49.153 - Notice before taking certain actions.

49.155 - Wisconsin Shares; child care subsidy.

49.157 - Wisconsin works; transportation assistance.

49.159 - Wisconsin works; noncustodial and minor and other custodial parents.

49.161 - Wisconsin works; overpayments.

49.162 - Substance abuse screening and testing for certain work experience programs.

49.163 - Transform Milwaukee Jobs program and Transitional Jobs program.

49.1635 - Wisconsin Trust Account Foundation.

49.165 - Domestic abuse grants.

49.167 - Alcohol and other drug abuse treatment grant program.

49.169 - Literacy grants.

49.175 - Public assistance and local assistance allocations.

49.19 - Aid to families with dependent children.

49.195 - Recovery of aid to families with dependent children, Wisconsin Works benefits, and overpayments of emergency assistance.

49.197 - Fraud investigation and reduction and error reduction.

49.22 - Child and spousal support; establishment of paternity; medical liability.

49.225 - Ordering genetic tests.

49.227 - Program for publication of delinquent child support obligors.

49.24 - Child support incentive payments.

49.25 - Incentive payments for identifying children with health insurance.

49.255 - Case management incentive payments.

49.257 - Milwaukee child care grant program.

49.26 - Learnfare program.

49.265 - Community action agencies.

49.27 - Legal actions.

49.273 - Research, investigations.

49.275 - Cooperation with federal government.

49.29 - Loss of eligibility.

49.32 - Department; powers and duties.

49.325 - County department budgets and contracts.

49.34 - Purchase of care and services.

49.343 - Rates for residential care centers, group homes, and child welfare agencies.

49.345 - Cost of care and maintenance; liability; collection and deportation counsel; collections; court actions; recovery.

49.348 - Recidivism reduction program.

49.35 - Public assistance; supervisory functions of department.

49.36 - Work experience program for noncustodial parents.

49.37 - Offender reentry demonstration project.

49.38 - Menominee Enterprises, Inc., bonds, acquisition.

49.385 - No action against members of the Menominee Indian tribe in certain cases.

49.43 - Definitions.

49.45 - Medical assistance; administration.

49.452 - Counting promissory notes as assets for certain Medical Assistance programs.

49.453 - Divestment of assets.

49.454 - Treatment of trust amounts.

49.455 - Protection of income and resources of couple for maintenance of community spouse.

49.46 - Medical assistance; recipients of social security aids.

49.463 - Ineligibility for noncompliance with child support determinations and obligations.

49.465 - Presumptive medical assistance eligibility.

49.468 - Expanded medicare buy-in.

49.47 - Medical assistance; medically indigent.

49.471 - BadgerCare Plus.

49.472 - Medical assistance purchase plan.

49.473 - Medical assistance; women diagnosed with breast or cervical cancer or precancerous conditions.

49.475 - Information about assistance program beneficiaries; electronic submission of claims.

49.48 - Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment.

49.485 - False claims.

49.49 - Medical assistance offenses.

49.493 - Benefits under uninsured health plans.

49.496 - Recovery of correct medical assistance payments.

49.497 - Recovery of incorrect Medical Assistance or Badger Care payments and of unpaid employer penalties.

49.498 - Requirements for skilled nursing facilities.

49.499 - Nursing facility resident protection.

49.66 - Definitions.

49.665 - Badger care.

49.68 - Aid for treatment of kidney disease.

49.682 - Recovery from estates; disease aids and funeral expenses.

49.683 - Cystic fibrosis aids.

49.685 - Hemophilia treatment services.

49.686 - AZT and pentamidine reimbursement program.

49.687 - Disease aids; patient requirements; rebate agreements; cost containment.

49.688 - Prescription drug assistance for elderly persons.

49.70 - County home; establishment.

49.703 - County homes; commitments; admissions.

49.71 - County hospitals; establishment.

49.713 - County hospitals; admissions.

49.72 - County infirmaries; establishment.

49.723 - County infirmaries, admissions; standards.

49.726 - County infirmaries; cost of treatment, care and maintenance of patients.

49.729 - County infirmaries; fees and expenses of proceedings.

49.73 - Residential care institutions; establishment.

49.74 - Institutions subject to chapter 150.

49.76 - Department duties relating to hunger prevention.

49.77 - State supplemental payments.

49.775 - Payments for the support of children of supplemental security income recipients.

49.776 - Payment of support arrears.

49.78 - Income maintenance administration.

49.785 - Funeral expenses.

49.79 - Food stamp administration.

49.791 - Substance abuse screening, testing, and treatment for employment and training programs.

49.793 - Recovery of food stamps.

49.796 - Food stamp reinstatement.

49.797 - Electronic benefit transfer.

49.81 - Public assistance recipients' bill of rights.

49.82 - Administration of public assistance programs.

49.823 - Public benefit database review.

49.825 - Department administration in Milwaukee County.

49.826 - Administration of child care provider services in certain counties.

49.83 - Limitation on giving information.

49.835 - Statements in applications.

49.84 - Verification of public assistance applications.

49.845 - Fraud investigation and error reduction.

49.846 - Jurisdiction of the department of justice.

49.847 - Recovery of incorrect payments under certain public assistance programs.

49.849 - Recovery of correct payments under certain public assistance programs.

49.85 - Certification of certain public assistance overpayments, payment recoveries, and delinquent loan repayments.

49.852 - Delinquent support payments; pension plans.

49.853 - Financial record matching program.

49.854 - Liens against property for delinquent support payments.

49.855 - Certification of delinquent payments.

49.856 - Notification of delinquent payments.

49.857 - Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses.

49.858 - General provisions related to administrative support enforcement.

49.86 - Disbursement of funds and facsimile signatures.

49.89 - Third party liability.

49.90 - Liability of relatives; enforcement.

49.96 - Assistance grants exempt from levy.