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Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual |
2.8.2.1
Child Welfare Case-by-Case Exception
2.8.2.2 Coordinating Services
with the Child Welfare Agency
Applicants and participants who meet all financial and nonfinancial eligibility requirements are eligible for all W-2 services even if the Dependent Child(ren) is temporarily absent from the home provided the following four conditions are all met:
1. The child will not be, or has not been, continuously absent for more than three months and is expected to return to the parent’s household.
2. The child’s absence is not the result of removing the child under a dispositional order, which places custody of the child outside the home, indefinitely or for three or more months.
3. The custodial parent continues to exercise responsibility for the care and control of the child: for instance, the parent is responsible for decisions about the child’s education, healthcare, and any medical treatment, or travel while the child is out-of-home.
4. The
applicant or participant must report the absence of a child within five
working days.
The parent’s requirement to report the child’s absence to the W-2 agency
within five working days begins the day the parent knows the child is
absent from the home.
Note: The five-day notification period is a federal TANF requirement and the time frame differs from the W-2 10-day notice of change requirement.
The temporary absence of a child policy is not applicable if there is at least one dependent child remaining in the home because then the dependent child requirement is met for W-2 nonfinancial eligibility.
A case-by-case exception may extend the three-month temporary absence period to six months for child welfare-related absences if all of the following conditions are met:
1. The custodial parent is cooperating in and satisfactorily completing W-2 agency’s assigned activities.
2. The applicant or participant must report the child’s temporary absence due to child welfare issues to the W-2 agency within five working days.
a. The five-day reporting requirement begins when the parent knows the child is absent due to child welfare issues.
b. The W-2 agency will accept a report of a child’s temporary absence from the Child Welfare agency as a report from the parent.
c. The W-2 agency must inform the parent if the Child Welfare agency reports a child’s absence on their behalf.
d. If the Child Welfare agency is involved with the family, the W-2 agency worker must coordinate with the Child Welfare agency to implement communication procedures to meet the reporting requirements.
3. The Child Welfare agency confirms the child was removed from the home due to child welfare issues (note that juvenile justice involvement alone does not meet this requirement).
4. The parent maintains an appropriate home for the child as determined by the W-2 and Child Welfare agencies (e.g., the parent is not in a treatment center or other out-of-home placement).
The W-2 agency should contact the Child Welfare agency with any concerns about the safety of the home.
Note: The parent’s participation in out-of-home care for mental health, AODA, or medical care for no longer than one month during the child’s absence from the home does not preclude eligibility based on temporary absence provided the home remains appropriate for the child based on determinations by the W-2 and Child Welfare agencies.
5. The Child Welfare agency’s permanency plan and any other Child Welfare agency plan states that the child is expected to be reunified with the parent in the parent’s household within six months and the child while in the out-of-home placement.
6. The child’s out-of-home placement type supports reuniting the child with the parent in the parent’s household within six months of the child’s temporary absence from the home (e.g., child is not in a pre-adoptive placement).
7. The custodial parent is cooperating with and is on track to complete all Child Welfare agency requirements for reunification.
For each month the child welfare exception is applied, the W-2 agency must:
1. Verify condition 1 above is met; and
2. Contact the Child Welfare agency to determine whether conditions 2-7 above are met.
The temporary absence policies for child welfare situations require significant communication and collaboration between the W-2 agency and Child Welfare agency.
The W-2 agency must develop and implement procedures to ensure ongoing communication and coordination with the Child Welfare agency, including, but not limited to:
1. Identification of families receiving services from both agencies;
2. Contact with the Child Welfare agency’s primary worker for the family a minimum of every other week, including more frequent contact when there are changes that may impact W-2 participation or goals developed with the Child Welfare agency;
3. Coordinating with the Child Welfare agency to include activities assigned by the Child Welfare agency for the parent’s reunification with the child(ren) as part of the parent’s W-2 EP, when the activities are approvable W-2 activities; and
4. Exchange of relevant information between both agencies to improve services and reduce duplication, including:
a. Updates on out-of-home placement or legal orders impacting the custodial parents ongoing care and control of the child(ren);
b. Sharing of assessment results; and
c. Coordination of referrals to other resources (e.g., AODA, mental health support programs, community programs, etc.).
Confidential information should be shared in accordance with federal and state confidentiality laws.
History: Release 25-03.